China — Anti-Dumping and Countervailing Duties on Certain Automobiles from the United States

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Complaint by the United States

On 5 July 2012, the United States requested consultations with China with regard to Notice No. 20 [2011] and Notice No. 84 [2011] of the Ministry of Commerce of the People's Republic of China (“MOFCOM”) imposing anti-dumping and countervailing duties on certain automobiles from the United States, including any and all annexes.

The United States alleges that these measures appear to be inconsistent with:

  • Articles 1, 3.1, 3.2, 3.4, 3.5, 4.1, 5.3, 5.4, 6.2, 6.5.1, 6.8 (including Annex II, paragraph 1), 6.9, 12.2, and 12.2.2 of the Anti-Dumping Agreement;
  • Articles 10, 11.3, 11.4, 12.4.1, 12.7, 12.8, 15.1, 15.2, 15.4, 15.5, 16.1 22.3, and 22.5 of the SCM Agreement; and
  • Article VI of the GATT 1994. 

On 17 September 2012, the United States requested the establishment of a panel.  At its meeting on 28 September 2012, the DSB deferred the establishment of a panel.


Panel and Appellate Body proceedings

At its meeting on 23 October 2012, the DSB established a panel.  Colombia, the European Union, India, Japan, Korea, Oman, Saudi Arabia and Turkey reserved their third party rights.  On 1 February 2013, the United States requested the Director-General to determine the composition of the panel.  On 11 February 2013, the Director-General composed the panel. On 25 September 2013, the Chair of the panel informed the DSB that its expects to issue its final report to the parties by March 2014, in accordance with the timetable adopted after consultation with the parties.


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