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Some measures with a very close relationship to the declared “measure taken to comply”, and to the recommendations and rulings of the DSB in the original proceedings, may also be susceptible to review by a compliance panel.In order to determine whether a specific measure does fall within its jurisdiction, a panel will need to scrutinize the relationships between relevant measures and to examine the timing, nature and effects of these measures.The European Communities, India and Japan reserved their third-party rights to participate in the panel proceedings. On 29 August 2003, the panel report was circulated to Members.The panel found that the USDOC Final Countervailing Duty Determination was inconsistent with Articles 10, 14, 14(d) and 32.1 SCM Agreement and Article VI:3 of GATT 1994.Accordingly, the panel recommended that the DSB request the United States to bring its measure into conformity with its obligations under the SCM Agreement and the GATT 1994.On 2 October 2003, the United States notified the DSB of its decision to appeal to the Appellate Body certain issues of law covered in the panel report and certain legal interpretations developed by the panel.At its meeting on 30 August 2002, the DSB deferred the establishment of a panel.At its meeting on 1 October 2002, the DSB established a panel.

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On 6 September 2005, the United States notified the DSB of its decision to appeal to the Appellate Body certain issues of law covered in the compliance panel report and certain legal interpretations developed by the compliance panel in this dispute. On , Canada requested consultations with the United States.The request concerned the final affirmative countervailing duty determination by the US Department of Commerce (File No.The panel decided to apply judicial economy as regards Canada’s claims under Article 19.4 SCM Agreement and Article VI:3 of the GATT 1994 concerning the methodologies used to calculate the subsidy rate; and its claims of violation of the procedural rules of evidence set forth in Article 12 SCM Agreement.Further to Canada’s statement at the first substantive meeting of the panel with the parties that it did not consider it appropriate to press its claims under Articles 10, 11.4 and 32.1 of the SCM Agreement concerning the initiation of the investigation, the panel also refrained from addressing and making a ruling on these claims.

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