DS: China — Anti-dumping and countervailing duty measures on barley from Australia

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Current status

 

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Key facts

 

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Latest document

  

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Summary of the dispute to date

The summary below was up-to-date at

Consultations

Complaint by Australia

On 16 December 2020, Australia requested consultations with China regarding certain measures imposing anti-dumping duties and countervailing duties on barley imported from Australia.

Australia claimed that the measures appear to be inconsistent with:

• Articles 1, 2.1, 2.2, 2.3, 2.4, 2.4.2, 2.6, 3.1, 3.2, 3.4, 3.5, 3.6, 4.1, 5.1, 5.2, 5.2(i), 5.2(iv), 5.3, 5.4, 5.8, 6.1, 6.2, 6.4, 6.5.1, 6.6, 6.8, 6.9, 6.10, 6.13, 9.1, 9.2, 9.3, 12.2 and 12.2.2 and Annex II of the Anti-Dumping Agreement;
   
• Articles 1.1, 1.2, 2.1, 2.2, 2.4, 6, 10, 11.1, 11.2, 11.2(i), 11.2(iv), 11.3, 11.4, 11.9, 12.1, 12.2, 12.3, 12.4.1, 12.5, 12.7, 12.8, 12.11, 15.1, footnote 46, 15.2, 15.4, 15.5, 15.6, 16.1, 19.4, 22.3, 22.5 and 32.1 of the SCM Agreement; and
   
• Articles VI, VI:2 and VI:3 of the GATT 1994.

On 30 December 2020, the Russian Federation requested to join the consultations. On 4 January 2021, Canada requested to join the consultations.

 

Panel and Appellate Body proceedings

On 15 March 2021, Australia requested the establishment of a panel. At its meeting on 28 April 2021, the DSB deferred the establishment of a panel.

At its meeting on 28 May 2021, the DSB established a panel. Brazil, Canada, the European Union, India, Japan, Mexico, New Zealand, Norway, the Russian Federation, Singapore, Ukraine, the United Kingdom, and the United States reserved their third-party rights.

On 27 July 2021, Australia and China informed the DSB that they had agreed to Procedures for Arbitration under Article 25 of the DSU in this dispute. Such procedures were entered into by Australia and China to give effect to the communication JOB/DSB/1/Add.12 (“Multi-Party Interim Appeal Arbitration Arrangement Pursuant To Article 25 Of The DSU (MPIA)”) and with the objective of setting a framework for an Arbitrator to decide on any appeal of any final panel report issued in this dispute, if the Appellate Body is not able to hear such an appeal under Articles 16.4 and 17 of the DSU.

On 25 August 2021, Australia requested the Director-General to compose the panel. On 3 September 2021, the Director-General composed the panel.

On 7 March 2022, the Chair of the panel informed the DSB that due to the complexity of the dispute and the large number of claims involved, the panel expected to issue its final report to the parties by the end of 2022. The Chair of the panel apprised the DSB that the report would be available to the public once it was circulated to the Members in all three official languages, and that the date of circulation depends on completion of translation. On 1 December 2022, the Chair of the panel informed the DSB that due to the complexity of the dispute and the large number of claims involved, the panel expected to issue its final report to the parties in the first quarter of 2023.

On 11 April 2023, further to the parties' joint request also dated 11 April 2023, the Chair of the panel informed the DSB that the panel had agreed to suspend its work, in accordance with Article 12.12 of the DSU, until 11 July 2023. On 11 July 2023, the Chair of the panel informed the DSB that the panel had agreed to the parties' joint request of 10 July 2023 to further suspend its work until 11 August 2023.

 

Mutually Agreed Solution

On 11 August 2023, Australia and China notified the DSB, pursuant to Article 3.6 of the DSU, that they had reached a mutually agreed solution to the matter raised in this dispute.

On 24 August 2023, the panel circulated its report to the Members. In accordance with Article 12.7 of the DSU, the panel report was confined to a brief description of the case and to reporting that a solution has been reached.