WORLD TRADE
ORGANIZATIONWT/DS267/15
23 May 2003
(03-2739)
UNITED STATES – SUBSIDIES ON UPLAND COTTON
Constitution of the Panel Established at the Request of Brazil
Note by the Secretariat
1. At its meeting on 18 March 2003, the DSB established a panel in accordance with Article 6 of
the DSU to examine the matter referred to the DSB by Brazil (WT/DS267/7).
2. At that meeting, the parties to the dispute also agreed that the Panel should have standard
terms of reference.1  The terms of reference are, therefore, the following:
"To examine, in the light of the relevant provisions of the covered agreements cited
by Brazil in document WT/DS267/7, the matter referred to the DSB by Brazil in that
document and to make such findings as will assist the DSB in making the
recommendations or in giving the rulings provided for in those agreements".
3. On 9 May 2003, Brazil requested the Director-General to determine the composition of the
Panel, pursuant to paragraph 7 of Article 8 of the DSU. This paragraph provides:
"If there is no agreement on the panelists within 20 days after the date of the
establishment of a Panel, at the request of either party, the Director-General, in
consultation with the Chairman of the DSB and the Chairman of the relevant Council
or Committee, shall determine the composition of the panel by appointing the
panelists whom the Director-General considers most appropriate in accordance with
any relevant special or additional rules or procedures of the covered agreement or
covered agreements which are at issue in the dispute, after consulting with the partiesto the dispute. The Chairman of the DSB shall inform the Members of the
composition of the panel thus formed no later than 10 days after the date the
Chairman receives such a request".
4. On 19 May 2003, the Director-General accordingly composed the Panel as follows:
Chairman: Mr. Dariusz RosatiMembers: Mr. Mario Matus
Mr. Daniel Moulis
5. Argentina, Australia, Benin, Canada, Chad, China, the European Communities, India,
New Zealand, Pakistan, Paraguay, Chinese Taipei and Venezuela reserved their third-party rights.
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1 WT/DSB/M/145 (paragraph 35)