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DISPUTE SETTLEMENT: DISPUTE DS394

China — Measures Related to the Exportation of Various Raw Materials

This summary has been prepared by the Secretariat under its own responsibility. The summary is for general information only and is not intended to affect the rights and obligations of Members.

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Summary of the dispute to date  back to top

Summary up-to-date at 15 December 2009

Consultations

Complaint by the United States.  (See also DS395 and DS398)

On 23 June 2009, the United States requested consultations with China with respect to China's restraints on the export from China of various forms of raw materials.  The United States cites 32 measures through which China allegedly imposes restraints on the exports in question and note that there appear to be additional unpublished restrictive measures.

The United States considers that China, through these measures as well as any amendments, replacements, related measures, and implementing measures, is in violation of:

• Articles VIII, X, and XI of the GATT 1994; and
    
• Paragraphs 5.1, 5.2, 8.2, and 11.3 of Part I of the Protocol on the Accession of the People's Republic of China (“Accession Protocol”), as well as China's obligations under the provisions of paragraph 1.2 of Part I of the Accession Protocol (which incorporates commitments in paragraphs 83, 84, 162, and 165 of the Report of the Working Party on the Accession of China).

The United States considers that the measures also appear to nullify or impair the benefits accruing to the United States directly or indirectly under the cited agreements.

On 2 July 2009, the European Communities requested to join the consultations.  On 6 July 2009, Canada, Mexico and Turkey requested to join the consultations.  Subsequently, China informed the DSB that it had accepted the requests of Canada, the European Communities, Mexico and Turkey to join the consultations.

On 4 November 2009, the United States requested the establishment of a panel.  At its meeting on 19 November 2009, the DSB deferred the establishment of a panel.

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