DS: European Union — Measures Related to Price Comparison Methodologies

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

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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 7 May 2019, China requested the panel to suspend its proceedings in accordance with Article 12.12 of the DSU. On 21 May 2019, the European Union commented on China's request. On 23 May 2019, China responded to the European Union's comments. On 14 June 2019, the panel informed the DSB of its decision to grant China's request and suspend its work. In its communication the Panel noted that pursuant to Article 12.12 of the DSU, the authority of the panel shall lapse after 12 months of the suspension of its work.



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