DISPUTE SETTLEMENT: DISPUTE DS437

United States — Countervailing Duty Measures on Certain Products from China


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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Short title:
Complainant:
Respondent:
Third Parties:
Agreements cited:
(as cited in request for consultations)
Request for Consultations received:

  

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The summary below was up-to-date at

Consultations

Complaint by China.

On 25 May 2012, China requested consultations with the United States concerning the imposition of countervailing duty measures by the United States on certain products from China.

China challenges various aspects of certain identified countervailing duty investigations, including their opening, conduct and the preliminary and final determinations that led to the imposition of countervailing duties.  China also challenges the “rebuttable presumption” allegedly established and applied by the US Department of Commerce that majority government ownership is sufficient to treat an enterprise as a “public body”.

China claims that the challenge measures are inconsistent with:

  • Article VI of the GATT 1994;
     
  • Articles 1.1, 2, 11.1, 11.2, 11.3, 12.7 and 14(d) of the SCM Agreement; and
     
  • Article 15 of the Protocol of Accession of China.

On 20 August 2012, China requested the establishment of a panel.  At its meeting on 31 August 2012, the DSB deferred the establishment of a panel.

 

Panel and Appellate Body proceedings

At its meeting on 28 September 2012, the DSB established a panel.  Australia, Brazil, Canada, the European Union, India, Japan, Korea, Norway, the Russian Federation, Turkey and Viet Nam reserved their third party rights.  Subsequently, Saudi Arabia reserved its third party rights.

On 14 November 2012, China requested the Director-General to determine the composition of the panel.  On 26 November 2012, the Director-General composed the panel. On 29 April 2013, the Chair of the panel informed the DSB that the timetable adopted by the panel after consultations with the parties envisaged that the final report would be issued to the parties by January 2014. On 18 November 2013, the Chair of the panel informed the DSB that due to the complexity of the issues raised by the parties in this dispute, the panel now expects to conclude its work in May 2014.

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