DS: China — Duties and other Measures concerning the Exportation of Certain 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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Summary of the dispute to date
The summary below was up-to-date at
Complaint by the European Union
On 19 July 2016, the European Union requested consultations with China regarding China's duties and other alleged restrictions on the export of various forms of antimony, chromium, cobalt, copper, graphite, indium, lead, magnesia, talc, tantalum and tin.
The European Union claims that the measures appear to be inconsistent with:
- Paragraphs 2(A)(2), 5.1, 5.2 and 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 European Union also considers that the measures also appear to nullify or impair the benefits accruing to the European Union 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. On 27 July 2016, the United States requested to join the consultations. On 29 July 2016, Mexico requested to join the consultations. Subsequently, China informed the DSB that it had accepted the requests of Canada, Mexico and the United States to join the consultations.
On 26 October 2016, the European Union requested the establishment of a panel. At its meeting on 8 November 2016, the DSB deferred the establishment of a panel.
Panel and Appellate Body proceedings
At its meeting on 23 November 2016, the DSB established a panel. Brazil, Canada, Chile, Colombia, India, Indonesia, Japan, Kazakhstan, Korea, Mexico, Norway, Oman, the Russian Federation, Singapore, Chinese Taipei, the United States and Viet Nam reserved their third-party rights.
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