DISPUTE SETTLEMENT

DS: China — Certain Measures Concerning Imports of Sugar

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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Consultations

Complaint by Brazil

On 16 October 2018, Brazil requested consultations with China concerning (i) a safeguard measure imposed by China on imported sugar, (ii) China's administration of its tariff-rate quota for sugar and (iii) China's import licensing system for out-of-quota sugar.

Brazil claimed that the safeguard measure imposed by China on imported sugar appears to be inconsistent with:

  • Articles 2.1, 3.1, 4.1(a), 4.1(c), 4.2(a), 4.2(b), 4.2(c), 5.1, 7.1, 8.1, 11.1(a) and 12.3 of the Agreement on Safeguards; and
     
  • Articles II:1(a), II:1(b) and XIX:1(a) of the GATT 1994.

Brazil claimed that China's administration of its tariff-rate quota for sugar appears to be inconsistent with:

  • Paragraph 1.2 of Part I of China's Protocol of Accession (to the extent that it incorporates paragraphs 116, 120, 122, 127 and 136 of the Report of the Working Party on the Accession of China); and
     
  • Articles X:3(a), XI:1, XIII:2 and XIII:3(b) of the GATT 1994.

Brazil claimed that China's import licensing system for out-of-quota sugar appears to be inconsistent with:

  • Articles 1.2, 1.3, 2.2(a), 3.2 and 3.3 of the Agreement on Import Licensing Procedures;
     
  • Article 4.2 and footnote 1 of the Agreement on Agriculture;
     
  • Articles X:1, X:2, X:3(a), XI:1, XIII:2 and XIII:3(a) of the GATT 1994; and
     
  • Paragraph 1.2 of Part I (to the extent that it incorporates paragraphs 120, 122, 127 and 136 of the Report of the Working Party on the Accession of China) and paragraphs 2(C)(1) and 8(1)(a) of China's Protocol of Accession.

On 30 October 2018, the European Union requested to join the consultations. On 31 October 2018, Thailand requested to join the consultations. On 1 November 2018, Guatemala requested to join the consultations.

 

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