Dispute Settlement Reports 2005

European Communities -- Customs Classification of Frozen Boneless Chicken Cuts (WT/DS269, WT/DS286) Report of the Appellate Body 9157(8) Introduction 9165(5) Appeal by the European Communities 9170(28) Claims of Error by the European Communities -- Appellant 9170(12) Interpretation of the EC Schedule in the Light of Article 31 of the Vienna Convention 9170(1) Ordinary Meaning 9170(2) Context 9172(2) Subsequent Practice 9174(4) Object and Purpose 9178(1) Interpretation of the EC Schedule in the Light of Article 32 of the Vienna Convention 9179(1) Circumstances of Conclusion 9179(1) Characterization of Relevant Law of the European Communities 9180(2) Arguments of Brazil -- Appellee 9182(8) Interpretation of the EC Schedule in the Light of Article 31 of the Vienna Convention 9182(1) Ordinary Meaning 9182(1) Context 9183(1) Subsequent Practice 9184(3) Object and Purpose 9187(1) Interpretation of the EC Schedule in the Light of Article 32 of the Vienna Convention 9188(1) Circumstances of Conclusion 9188(1) Characterization of Relevant Law of the European Communities 9189(1) Arguments of Thailand -- Appellee 9190(8) Interpretation of the EC Schedule in the Light of Article 31 of the Vienna Convention 9190(1) Ordinary Meaning 9190(1) Context 9191(1) Subsequent Practice 9192(3) Object and Purpose 9195(1) Interpretation of the EC Schedule in the Light of Article 32 of the Vienna Convention 9196(1) Circumstances of Conclusion 9196(1) Characterization of Relevant Law of the European Communities 9197(1) Other Appeals by Brazil and Thailand 9198(10) Claims of Error by Brazil -- Other Appellant 9198(3) Terms of Reference 9198(1) Measures within the Terms of Reference 9198(1) Products within the Terms of Reference 9199(1) Interpretation of the EC Schedule in the Light of Article 31 of the Vienna Convention 9200(1) Claims of Error by Thailand -- Other Appellant 9201(3) Terms of Reference 9201(1) Measures within the Terms of Reference 9201(1) Products within the Terms of Reference 9202(1) Interpretation of the EC Schedule in the Light of Article 31 of the Vienna Convention 9203(1) Arguments of the European Communities -- Appellee 9204(4) Terms of Reference 9204(1) Measures within the Terms of Reference 9204(1) Products within the Terms of Reference 9205(1) Interpretation of the EC Schedule in the Light of Articles 31 and 32 of the Vienna Convention 9206(2) Arguments of the Third Participants 9208(3) China 9208(2) United States 9210(1) Issues Raised in this Appeal 9211(3) Introduction 9214(3) Terms of Reference 9217(7) Measures Within the Terms of Reference 9217(4) Products Within the Terms of Reference 9221(3) Interpretation of the EC Schedule in the Light of Article 31 of the Vienna Convention 9224(21) The Ordinary Meaning of the Term ``Salted'' in Heading 02.10 of the EC Schedule 9224(5) Analysis of the Ordinary Meaning and ``Factual Context'' of the Term ``Salted'' 9225(1) The European Communities' Claim under Article 11 of the DSU 9226(3) Conclusion Concerning the Ordinary Meaning 9229(1) ``Context'' 9229(16) What Constitutes Context for Interpreting the Term ``Salted'' in Heading 02.10 of the EC Schedule? 9230(4) The Meaning of the Term ``Salted'' in Heading 02.10 of the EC Schedule, Considered in its Context 9234(3) The Terms of Heading 02.10 Other than ``Salted'' 9237(1) The Structure of Chapter 2 of the EC Schedule and the Harmonized System and the Relevant Notes Thereto 9238(6) Rule 3 of the General Rules for the Interpretation of the Harmonized System 9244(1) Conclusion Concerning ``Context'' 9245(1) Object and Purpose 9245(6) Object and Purpose of the Treaty or of a Particular Treaty Provision 9246(1) Did the Panel Rely on ``Expansion of Trade'' as an Interpretative Principle? 9247(1) Does a Criterion of ``Preservation'' Undermine the Security and Predictability of Tariff Concessions? 9248(2) Was Heading 02.10 Intended to Cover Frozen (Salted) Poultry Meat? 9250(1) Subsequent Practice 9251(8) What May Qualify as Practice? 9252(5) How Does One Establish Agreement of Parties that Have Not Engaged in a Practice? 9257(2) Was there ``Consistency'' of Customs Classification Practice in this Case? 9259(1) Conclusion 9259(1) Interpretation of the EC Schedule in the Light of Article 32 of the Vienna Convention 9259(23) Introduction 9259(2) The Concept of ``Circumstances of the Conclusion of a Treaty'' 9261(10) The Concept of ``Circumstances'' 9262(2) Relevance of Circumstances for Interpretation 9264(1) ``Circumstances'' at What Time? 9264(2) What Kind of Knowledge is Required? 9266(1) Whose Acts or Instruments May Qualify as ``Circumstances''? 9267(1) What Types of Events, Acts, and Instruments? 9268(3) Characterization of Relevant Law of the European Communities 9271(10) EC Regulation 535/94 9272(3) The Dinter and Gausepohl Judgments of the European Court of Justice 9275(6) Conclusion 9281(1) Findings and Conclusions 9282(421) European Communities -- Customs Classification of Frozen Boneless Chicken Cuts - Complaint by Brazil (WT/DS269) Report of the Panel 9295(408) Cumulative List of Published Disputes 9703 Annex I Notification of an Appeal by the European Communities under paragraph 4 of Article 16 of the DSU Annex II Notification of an Other Appeal by Brazil under Article 16.4 and Article 17 of the DSU, and under Rule 23(1) of the Working Procedures for Appellate Review Annex III Notification of an Other Appeal by Thailand under Article 16.4 and Article 17 of the DSU, and under Rule 23(1) of the Working Procedures for Appellate Review Annex IV Chapter 2 of the Harmonized Commodity Description and Coding System