§3533 Dispute Settlement Panels and Procedures

Summary

The President must review the WTO panel roster every year and put the roster and the names of people on the Appellate Body into the annual report sent under section 2213(a). The U.S. Trade Representative must try to make sure roster members are well qualified and cover the topics in the Uruguay Round Agreements, tell the President about nominees from other countries, and press the WTO to adopt conflict-of-interest rules for panelists and Appellate Body members. The Trade Representative must report progress on those conflict rules in the annual report under section 3534. When a WTO panel is set up to decide if a Federal or State law breaks the Uruguay Round Agreements, the Trade Representative must quickly tell the relevant congressional committees what the dispute is (including the panel request, legal basis, and the law or measure cited), who is on the panel, and whether selection followed the rule of consensus. If there is an appeal, the Trade Representative must promptly tell the committees the issues on appeal and who on the Appellate Body will review the case. After a panel or Appellate Body report is shared with WTO members, the Trade Representative must notify and consult with the committees about possible appeals and, if the report is against the United States, about whether to follow the report, how to do so, and how long it will take. If a panel or the Appellate Body finds a U.S. agency rule or practice inconsistent, the agency cannot change the rule until the Trade Representative and agency consult Congress, seek advice from private sector advisory committees under section 2155, publish the proposed change in the Federal Register for public comment, send the committees a report on the proposal and advice received, consult on the final contents, and publish the final rule. That final change cannot take effect until 60 days after those consultations begin unless the President says an earlier date is needed for the national interest. During those 60 days, the House Ways and Means Committee and the Senate Finance Committee may vote to show agreement or disagreement; their vote is not binding. The International Trade Commission is not covered by these steps. Before any WTO dispute-settlement rules review called for by the Decision dated April 15, 1994 (with the Uruguay Round Agreements), the Trade Representative must consult with the congressional committees about U.S. policy.