---
kind: "section"
citation: "19 U.S.C. § 3537"
title: "19"
title_heading: "Customs Duties"
number: "3537"
heading: "Access to WTO dispute settlement process"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/19/3537"
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"
---

# §3537. Access to WTO dispute settlement process

- (a) **In general—** Whenever the [United States](/usc/19/1683.md?p=9) is a party before a [dispute settlement panel](/usc/19/3531.md?p=4) established pursuant to Article 6 of the [Dispute Settlement Understanding](/usc/19/3531.md?p=6), the [Trade Representative](/usc/19/3501.md?p=6) shall, at each stage of the proceeding before the [panel](/usc/19/3531.md?p=4) or the [Appellate Body](/usc/19/3531.md?p=2), consult with the [appropriate congressional committees](/usc/19/3531.md?p=3-A), the petitioner (if any) under [section 2412(a) of this title](/usc/19/2412.md?p=a) with respect to the matter that is the subject of the proceeding, and relevant private sector advisory committees established under [section 2155 of this title](/usc/19/2155.md), and shall consider the views of representatives of appropriate interested private sector and nongovernmental organizations concerning the matter.
- (b) **Notice and public comment—** In any proceeding described in [subsection (a)](#a), the [Trade Representative](/usc/19/3501.md?p=6) shall—
  - (1) promptly after requesting the establishment of a [panel](/usc/19/3531.md?p=4), or receiving a request from another [WTO member country](/usc/19/3501.md?p=10) for the establishment of a [panel](/usc/19/3531.md?p=4), publish a notice in the Federal Register—
    - (A) identifying the initial parties to the dispute,
    - (B) setting forth the major issues raised by the [country](/usc/19/1677.md?p=3) requesting the establishment of a [panel](/usc/19/3531.md?p=4) and the legal basis of the complaint,
    - (C) identifying the specific measures, including 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), and
    - (D) seeking written comments from the public concerning the issues raised in the dispute; and
  - (2) take into account any advice received from [appropriate congressional committees](/usc/19/3531.md?p=3-A) and relevant private sector advisory committees referred to in [subsection (a)](#a), and written comments received pursuant to [paragraph (1)(D)](#b-1-D), in preparing [United States](/usc/19/1683.md?p=9) submissions to the [panel](/usc/19/3531.md?p=4) or the [Appellate Body](/usc/19/3531.md?p=2).
- (c) **Access to documents—** In each proceeding described in [subsection (a)](#a), the [Trade Representative](/usc/19/3501.md?p=6) shall—
  - (1) make written submissions by the [United States](/usc/19/1683.md?p=9) referred to in [subsection (b)](#b) available to the public promptly after they are submitted to the [panel](/usc/19/3531.md?p=4) or [Appellate Body](/usc/19/3531.md?p=2), except that the [Trade Representative](/usc/19/3501.md?p=6) is authorized to withhold from disclosure any information contained in such submissions identified by the provider of the information as proprietary information or information treated as confidential by a foreign government;
  - (2) request each other party to the dispute to permit the [Trade Representative](/usc/19/3501.md?p=6) to make that party’s written submissions to the [panel](/usc/19/3531.md?p=4) or the [Appellate Body](/usc/19/3531.md?p=2) available to the public; and
  - (3) make each report of the [panel](/usc/19/3531.md?p=4) or the [Appellate Body](/usc/19/3531.md?p=2) available to the public promptly after it is circulated to [WTO members](/usc/19/3501.md?p=10), and inform the public of such availability.
- (d) **Requests for nonconfidential summaries—** In any dispute settlement proceeding conducted pursuant to the [Dispute Settlement Understanding](/usc/19/3531.md?p=6), the [Trade Representative](/usc/19/3501.md?p=6) shall request each party to the dispute to provide nonconfidential summaries of its written submissions, if that party has not made its written submissions public, and shall make those summaries available to the public promptly after receiving them.
- (e) **Public file—** The [Trade Representative](/usc/19/3501.md?p=6) shall maintain a file accessible to the public on each dispute settlement proceeding to which the [United States](/usc/19/1683.md?p=9) is a party that is conducted pursuant to the [Dispute Settlement Understanding](/usc/19/3531.md?p=6). The file shall include all [United States](/usc/19/1683.md?p=9) submissions in the proceeding and a listing of any submissions to the [Trade Representative](/usc/19/3501.md?p=6) from the public with respect to the proceeding, as well as the report of the [dispute settlement panel](/usc/19/3531.md?p=4) and the report of the [Appellate Body](/usc/19/3531.md?p=2).

## Source credit

(Pub. L. 103–465, title I, § 127, Dec. 8, 1994, 108 Stat. 4835.)

## Notes

### Editorial Notes

### Codification

Section is comprised of section 127 of Pub. L. 103–465. Subsec. (f) of section 127 of Pub. L. 103–465 amended section 2155 of this title.

### 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.