DISPUTE SETTLEMENT

DS: United States — Tariff Measures on Certain Goods from China

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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Current status

 

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Key facts

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Complainant:
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(as cited in request for consultations)
Request for Consultations received:

  

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Summary of the dispute to date

The summary below was up-to-date at

Consultations

Complaint by China

On 4 April 2018, China requested consultations with the United States concerning certain tariff measures on Chinese goods which would allegedly be implemented through Section 301-310 of the US Trade Act of 1974.

China claimed that the measures appear to be inconsistent with:

  • Articles I:1 and II:1 (a) and (b) of the GATT 1994; and
     
  • Article 23 of the DSU.

On 13 April 2018, the United States requested the Chair of the DSB to circulate to Members a communication where it indicated that the United States was willing to enter into consultations with China, without prejudice to the US view that China's letter of 4 April 2018 did not satisfy the requirements of Article 4 of the DSU. On 25 April 2018, China requested the Chair of the DSB to circulate to Members a communication responding to the United States' communication of 13 April 2018. While disagreeing with the US view that China's letter of 4 April 2018 did not satisfy the requirements of Article 4 of the DSU, China indicated its willingness to schedule a mutually convenient date for consultations within the scope of China's request.

On 6 July 2018, China requested additional consultations that supplemented its consultations request of 4 April 2018. China referred to the publication by the United States on 15 June 2018 of a list of products of Chinese origin to be subject to an ad valorem duty of 25% imposed by the United States on the importation of certain Chinese products, since 6 July 2018. China maintained that these duties were only applied to China's products and in excess of the United States' bound rates.

On 16 July 2018, the United States requested the Chair of the DSB to circulate to Members a communication referring to China's 6 July 2018 supplement to its consultations request of 4 April 2018. In its communication, the United States also referred to certain additional duties imposed by China on the importation of certain products from the United States.

On 16 July 2018, China requested additional consultations that supplemented its original consultations request of 4 April 2018 as well as its supplemental request of 6 July 2018. China referred to the publication by the United States on 10 July 2018 of a list of products of Chinese origin to be subject to an  ad valorem duty of 10% to be imposed by the United States on the importation of certain Chinese products . China maintained that these duties were only to be applied to China's products and in excess of the United States' bound rates.

On 26 July 2018, the United States requested the Chair of the DSB to circulate to Members a communication referring to China's 16 July 2018 supplement to its consultations request. In its communication, the United States indicated that the United States was willing to enter into consultations with China, without prejudice to the US view that China's letter of 4 April 2018 did not satisfy the requirements of Article 4 of the DSU. In its communication, the United States also referred to certain additional duties that China announced it would impose on the importation of certain products from the United States.

On 18 September 2018, China requested additional consultations that supplemented its original consultations request of 4 April 2018 as well as its supplemental requests of 6 July 2018 and of 16 July 2018. On this occasion, China referred to the publication by the United States on 17 September 2018 of a list of products of Chinese origin to be subject to an ad valorem duty of 10% from 24 September 2018 and of 25% from 1 January 2019. China maintained that these duties were only to be applied to China's products and in excess of the United States' bound rates.

On 28 September 2018, the United States requested the Chair of the DSB to circulate to Members a communication referring to China's 18 September 2018 supplemental consultations request. In its communication, the United States indicated that it was willing to enter into consultations with China, and referred to certain additional duties on the importation of products from the United States that China had announced on 18 September 2018.

 

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