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 China
On 12 December 2016, China requested consultations with the European Union concerning certain provisions of the EU regulation pertaining to the determination of normal value for “non-market economy” countries in anti-dumping proceedings involving products from China.
China claimed that the measures appear to be inconsistent with:
- Articles 2.1 and 2.2 of the Anti-Dumping Agreement; and
- Articles I:1 and VI:1 of the GATT 1994.
On 20 December 2016, Viet Nam requested to join the consultations. On 22 December 2016, Australia, Canada, Japan, the Russian Federation, and the United States requested to join the consultations. On 4 January 2017, Mexico requested to join the consultations.
Panel and Appellate Body proceedings
On 9 March 2017, China requested the establishment of a panel. At its meeting on 21 March 2017, the DSB deferred the establishment of a panel. At its meeting on 3 April 2017, the DSB established a panel. Australia, Bahrain, Brazil, Canada, Colombia, Ecuador, India, Indonesia, Japan, Kazakhstan, Korea, Mexico, Norway, the Russian Federation, Saudi Arabia, Chinese Taipei, Tajikistan, Turkey, the United Arab Emirates and the United States reserved their third-party rights.
On 29 June 2017, China requested the Director-General to compose the panel. On 10 July 2017, the Director-General composed the panel.
On 8 December 2017, the Chair of the panel informed the DSB that the beginning of the panel's work had been delayed as a result of a lack of available lawyers in the Secretariat. The panel also informed the DSB that it expected to issue its final report to the parties not before the second half of 2018. On 26 November 2018, the Chair of the panel informed the DSB that in the light of the complexity of the legal issues covered in this dispute, the panel expected to issue its final report to the parties during the second quarter of 2019.
On 14 June 2019, the Chair of the panel informed the DSB that the panel had granted China's request of 7 May 2019 that the panel suspend its proceedings in accordance with Article 12.12 of the DSU, to which the European Union commented on 21 May 2019, and China responded on 23 May 2019. The Chair of the panel noted that the authority of the panel shall lapse after 12 months of the suspension of its work.
As the panel had not been requested to resume its work, pursuant to Article 12.12 of the DSU, the authority for establishment of the panel lapsed as of 15 June 2020.
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