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DISPUTE SETTLEMENT: DISPUTE DS398

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 Mexico.  (See also DS394 and DS395)

On 21 August 2009, Mexico requested consultations with China with respect to China's restraints on the export from China of various forms of raw materials.  Mexico 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through which China allegedly imposes restraints on the exports in question and note that there appear to be additional unpublished restrictive measures.

Mexico 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).

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

On 28 August 2009, the European Communities and the United States requested to join the consultations.  On 4 September 2009, Colombia requested to join the consultations.  On 7 September 2009, Canada requested to join the consultations.

On 4 November 2009, Mexico 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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