---
kind: "section"
citation: "19 U.S.C. § 3533"
title: "19"
title_heading: "Customs Duties"
number: "3533"
heading: "Dispute settlement panels and procedures"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/19/3533"
units:
  - "Chapter 22 — Uruguay Round Trade Agreements"
  - "Subchapter I — Approval of, and General Provisions Relating to, Uruguay Round Agreements"
  - "Part C — Uruguay Round Implementation and Dispute Settlement"
---

# §3533. Dispute settlement panels and procedures

- (a) **Review by President—** The President shall review annually the [WTO](/usc/19/3501.md?p=8) [panel](/usc/19/3531.md?p=4) roster and shall include the [panel](/usc/19/3531.md?p=4) roster and the list of [persons](/usc/19/1683.md?p=8) serving on the [Appellate Body](/usc/19/3531.md?p=2) in the annual report submitted by the President under [section 2213(a) of this title](/usc/19/2213.md?p=a).
- (b) **Qualifications of appointees to panels—** The [Trade Representative](/usc/19/3501.md?p=6) shall—
  - (1) seek to ensure that [persons](/usc/19/1683.md?p=8) appointed to the [WTO](/usc/19/3501.md?p=8) [panel](/usc/19/3531.md?p=4) roster are well-qualified, and that the roster includes [persons](/usc/19/1683.md?p=8) with expertise in the subject areas covered by the [Uruguay Round Agreements](/usc/19/3501.md?p=7); and
  - (2) inform the President of [persons](/usc/19/1683.md?p=8) nominated to the roster by other [WTO member countries](/usc/19/3501.md?p=10).
- (c) **Rules governing conflicts of interest—** The [Trade Representative](/usc/19/3501.md?p=6) shall seek the establishment by the [General Council](/usc/19/3531.md?p=7) and the [Dispute Settlement Body](/usc/19/3531.md?p=5) of rules governing conflicts of interest by [persons](/usc/19/1683.md?p=8) serving on [panels](/usc/19/3531.md?p=4) and members of the [Appellate Body](/usc/19/3531.md?p=2) and shall describe, in the annual report submitted under [section 3534 of this title](/usc/19/3534.md), any progress made in establishing such rules.
- (d) **Notification of disputes—** Promptly after a [dispute settlement panel](/usc/19/3531.md?p=4) is established to consider the consistency of Federal or [State](/usc/19/2577.md?p=2) law with any of the [Uruguay Round Agreements](/usc/19/3501.md?p=7), the [Trade Representative](/usc/19/3501.md?p=6) shall notify the [appropriate congressional committees](/usc/19/3531.md?p=3-A) of—
  - (1) the nature of the dispute, including the matters set forth in the request for the establishment of the [panel](/usc/19/3531.md?p=4), the legal basis of the complaint, and the specific measures, in particular any [State](/usc/19/2577.md?p=2) or Federal law cited in the request for establishment of the [panel](/usc/19/3531.md?p=4);
  - (2) the identity of the [persons](/usc/19/1683.md?p=8) serving on the [panel](/usc/19/3531.md?p=4); and
  - (3) whether there was any departure from the rule of consensus with respect to the selection of [persons](/usc/19/1683.md?p=8) to serve on the [panel](/usc/19/3531.md?p=4).
- (e) **Notice of appeals of panel reports—** If an appeal is taken of a report of a [panel](/usc/19/3531.md?p=4) in a proceeding described in [subsection (d)](#d), the [Trade Representative](/usc/19/3501.md?p=6) shall, promptly after the notice of appeal is filed, notify the [appropriate congressional committees](/usc/19/3531.md?p=3-A) of—
  - (1) the issues under appeal; and
  - (2) the identity of the [persons](/usc/19/1683.md?p=8) serving on the [Appellate Body](/usc/19/3531.md?p=2) who are reviewing the report of the [panel](/usc/19/3531.md?p=4).
- (f) **Actions upon circulation of reports—** Promptly after the circulation of a report of a [panel](/usc/19/3531.md?p=4) or of the [Appellate Body](/usc/19/3531.md?p=2) to [WTO members](/usc/19/3501.md?p=10) in a proceeding described in [subsection (d)](#d), the [Trade Representative](/usc/19/3501.md?p=6) shall—
  - (1) notify the [appropriate congressional committees](/usc/19/3531.md?p=3-A) of the report;
  - (2) in the case of a report of a [panel](/usc/19/3531.md?p=4), consult with the [appropriate congressional committees](/usc/19/3531.md?p=3-A) concerning the nature of any appeal that may be taken of the report; and
  - (3) if the report is adverse to the [United States](/usc/19/1683.md?p=9), consult with the [appropriate congressional committees](/usc/19/3531.md?p=3-A) concerning whether to implement the report’s recommendation and, if so, the manner of such implementation and the period of time needed for such implementation.
- (g) **Requirements for agency action—**
  - (1) **Changes in agency regulations or practice—** In any case in which a [dispute settlement panel](/usc/19/3531.md?p=4) or the [Appellate Body](/usc/19/3531.md?p=2) finds in its report that a regulation or practice of a department or agency of the [United States](/usc/19/1683.md?p=9) is inconsistent with any of the [Uruguay Round Agreements](/usc/19/3501.md?p=7), that regulation or practice may not be amended, rescinded, or otherwise modified in the implementation of such report unless and until—
    - (A) the [appropriate congressional committees](/usc/19/3531.md?p=3-A) have been consulted under [subsection (f)](#f);
    - (B) the [Trade Representative](/usc/19/3501.md?p=6) has sought advice regarding the modification from relevant private sector advisory committees established under [section 2155 of this title](/usc/19/2155.md);
    - (C) the head of the relevant department or agency has provided an opportunity for public comment by publishing in the Federal Register the proposed modification and the explanation for the modification;
    - (D) the [Trade Representative](/usc/19/3501.md?p=6) has submitted to the [appropriate congressional committees](/usc/19/3531.md?p=3-A) a report describing the proposed modification, the reasons for the modification, and a summary of the advice obtained under [subparagraph (B)](#g-1-B) with respect to the modification;
    - (E) the [Trade Representative](/usc/19/3501.md?p=6) and the head of the relevant department or agency have consulted with the [appropriate congressional committees](/usc/19/3531.md?p=3-A) on the proposed contents of the final rule or other modification; and
    - (F) the final rule or other modification has been published in the Federal Register.
  - (2) **Effective date of modification—** A final rule or other modification to which [paragraph (1)](#g-1) applies may not go into effect before the end of the 60-day period beginning on the date on which consultations under [paragraph (1)(E)](#g-1-E) begin, unless the President determines that an earlier effective date is in the national interest.
  - (3) **Vote by congressional committees—** During the 60-day period described in [paragraph (2)](#g-2), the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate may vote to indicate the agreement or disagreement of the committee with the proposed contents of the final rule or other modification. Any such vote shall not be binding on the department or agency which is implementing the rule or other modification.
  - (4) **Inapplicability to ITC—** This subsection does not apply to any regulation or practice of the [International Trade Commission](/usc/19/3501.md?p=3).
- (h) **Consultations regarding review of WTO rules and procedures—** Before the review is conducted of the dispute settlement rules and procedures of the [WTO](/usc/19/3501.md?p=8) that is provided for in the Decision on the Application of the Understanding on Rules and Procedures Governing the Settlement of Disputes, as such decision is set forth in the Ministerial Declarations and Decisions adopted on April 15, 1994, together with the [Uruguay Round Agreements](/usc/19/3501.md?p=7), the [Trade Representative](/usc/19/3501.md?p=6) shall consult with the [congressional committees](/usc/19/3531.md?p=3-B) regarding the policy of the [United States](/usc/19/1683.md?p=9) concerning the review.

## Source credit

(Pub. L. 103–465, title I, § 123, Dec. 8, 1994, 108 Stat. 4830.)

## Notes

### Statutory Notes and Related Subsidiaries

### Effective Date

Section effective on the date on which the WTO Agreement enters into force with respect to the United States (Jan. 1, 1995), see section 130 of Pub. L. 103–465, set out as a note under section 3531 of this title.