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DISPUTE SETTLEMENT: DISPUTE DS395

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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Key facts  back to top

Summary of the dispute to date  back to top

Summary up-to-date at 15 December 2009

Consultations

Complaint by the European Communities.  (See also DS394 and DS398)

On 23 June 2009, the European Communities requested consultations with China with respect to China's restraints on the export from China of various forms of raw materials.  The European Communities 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through which China allegedly imposes restraints on the exports in question and note that there appear to be additional unpublished restrictive measures.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 European Communities 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) and its commitments referred to in paragraph 342 of the Working Party Report.

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

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

On 4 November 2009, the European Communities 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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