DS: China — Measures Concerning the Importation of Canola Seed from Canada

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 Canada

On 9 September 2019, Canada requested consultations with China regarding the following two sets of measures allegedly affecting the importation of canola seed (intended for processing and consumption, not for planting) from Canada: (a) measures suspending the importation of canola seed from two Canadian companies; and (b) measures applying enhanced inspections on all imports of Canadian canola seed.

Canada claimed that the measures appear to be inconsistent with:

  • Articles 2.2, 2.3, 3.1, 3.3, 5.1, 5.2, 5.4, 5.5, 5.6, 5.7, 7, 8, paragraphs 1, 2, 5 and 6 of Annex B, and paragraphs 1(a), 1(b), 1(c), 1(e) and 1(g) of Annex C of the SPS Agreement;
  • Articles I:1, III:4, X:3(a), XI:1 of the GATT 1994; and
  • Articles 1.1, 5.1, 7.4.2 and 7.4.4 of the Trade Facilitation Agreement.

Canada also claimed that the measures appear to nullify or impair the benefits accruing to Canada in the sense of Article XXIII:1(b) of the GATT 1994.

On 19 September 2019, the Russian Federation and Chinese Taipei requested to join the consultations.


Panel and Appellate Body proceedings

On 17 June 2021, Canada requested the establishment of a panel. At its meeting on 28 June 2021, the DSB deferred the establishment of a panel.

At its meeting on 26 July 2021, the DSB established a panel. Australia, Brazil, the European Union, India, Japan, Norway, the Russian Federation, Singapore, Chinese Taipei, and the United States reserved their third-party rights.



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