19 U.S.C. § 3533 — Dispute settlement panels and procedures

(a) Review by President. Each year, the President must review the WTO panel^* roster. The President must include the roster and the list of Appellate Body^* members in the annual report required by section 2213(a) of this title.

(b) Qualifications of appointees to panels. The Trade Representative must try to ensure that people placed on the WTO panel roster are well qualified and that the roster includes people with expertise in subjects covered by the Uruguay Round Agreements. The Trade Representative must tell the President about people nominated for the roster by other WTO member countries.

(c) Rules governing conflicts of interest. The Trade Representative must try to have the General Council^* and the Dispute Settlement Body^* establish conflict-of-interest rules for panel members and Appellate Body members. The Trade Representative must describe in the annual report under section 3534 of this title any progress toward establishing those rules.

(d) Notification of disputes. Promptly after a panel is established to consider whether Federal or State law is consistent with a Uruguay Round Agreement, the Trade Representative must notify the appropriate congressional committees^* of: (1) the nature of the dispute, including the matters in the panel request, the legal basis of the complaint, and the specific measures, especially any State or Federal law named in the request; (2) the identities of the panel members; and (3) whether the selection of panel members departed from the consensus rule.

(e) Notice of appeals of panel reports. If a report in a proceeding described in subsection (d) is appealed, the Trade Representative must promptly after the appeal notice is filed notify the appropriate congressional committees^* of: (1) the issues on appeal; and (2) the identities of the Appellate Body members reviewing the panel report.

(f) Actions upon circulation of reports. Promptly after a panel or Appellate Body report in a proceeding described in subsection (d) is circulated to WTO members, the Trade Representative must: (1) notify the appropriate congressional committees about the report; (2) for a panel report, consult those committees about the nature of any possible appeal; and (3) if the report is adverse to the United States, consult them about whether to carry out the recommendation and, if so, how and over what period.

(g) Requirements for agency action. (1) Changes in agency regulations or practice. If a panel or the Appellate Body finds that a United States department or agency regulation or practice conflicts with a Uruguay Round Agreement, that regulation or practice may not be amended, rescinded, or otherwise changed to implement the report until: (A) the appropriate committees have been consulted under subsection (f); (B) the Trade Representative has sought advice from relevant private-sector advisory committees under section 2155 of this title; (C) the department or agency head has allowed public comment by publishing the proposed change and its explanation in the Federal Register; (D) the Trade Representative has given the committees a report describing the proposed change, its reasons, and a summary of the advice under subparagraph (B); (E) the Trade Representative and the department or agency head have consulted the committees about the proposed final rule or other change; and (F) the final rule or other change has been published in the Federal Register. (2) Effective date. The final rule or change may not take effect until 60 days after the consultations under paragraph (1)(E) begin, unless the President decides an earlier date is in the national interest. (3) Committee vote. During those 60 days, the House Committee on Ways and Means and the Senate Committee on Finance may vote to show agreement or disagreement with the proposed contents. The vote does not bind the department or agency implementing the rule or change. (4) Inapplicability to ITC. This subsection does not apply to an International Trade Commission regulation or practice.

(h) Consultations regarding review of WTO rules and procedures. Before the WTO reviews its dispute-settlement rules and procedures under the Decision on the Application of the Understanding on Rules and Procedures Governing the Settlement of Disputes, as included in the Ministerial Declarations and Decisions adopted April 15, 1994, with the Uruguay Round Agreements, the Trade Representative must consult the congressional committees about United States policy for that review.