DS: China — Export Duties on Certain Raw Materials

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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 the United States

On 13 July 2016, the United States requested consultations with China regarding China's export duties on various forms of antimony, cobalt, copper, graphite, lead, magnesia, talc, tantalum, and tin.

The United States claims that the measures appear to be inconsistent with:

• Paragraph 11.3 of Part I of China's Accession Protocol.

The United States also considers that the measures appear to nullify or impair the benefits accruing to the United States directly or indirectly under China's Accession Protocol.

On 19 July 2016, the United States requested supplementary consultations concerning alleged restrictions on the export of various forms of antimony, chromium, indium, magnesia, talc, and tin. The United States claims that the alleged restrictions appear to be inconsistent with Paragraphs 2(A)(2), 5.1,  11.3 of Part I of China's Accession Protocol, as well as paragraph 1.2 of the Accession Protocol (to the extent that it incorporates paragraphs 83, 84, 162 and 165 of the Report of the Working Party on the Accession of China), and Articles X:3(a) and XI:1 of the GATT 1994. The United States also considered that the alleged restrictions appear to nullify or impair the benefits accruing to the United States directly or indirectly under the cited agreements.

On 25 July 2016, Mexico and the European Union requested to join the consultations. On 26 July 2016, Canada requested to join the consultations. Subsequently, China informed the DSB that it had accepted the requests of Mexico, Canada and the European Union to join the consultations.

On 13 October 2016, the United States requested the establishment of a panel. At its meeting on 26 October 2016, the DSB deferred the establishment of a panel.

 

Panel and Appellate Body proceedings

At its meeting on 8 November 2016, the DSB established a panel. Brazil, Canada, the European Union, India, Indonesia, Japan, Kazakhstan, Korea, Mexico, Norway, Oman, the Russian Federation, Singapore, Chinese Taipei and Viet Nam reserved their third-party rights.