DISPUTE SETTLEMENT

DS: China — Anti-dumping and countervailing duty measures on barley from Australia

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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Latest document

  

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Summary of the dispute to date

The summary below was up-to-date at

Consultations

Complaint by Australia

On 16 December 2020, Australia requested consultations with China regarding certain measures imposing anti-dumping duties and countervailing duties on barley imported from Australia.

Australia claimed that the measures appear to be inconsistent with:

  • Articles 1, 2.1, 2.2, 2.3, 2.4, 2.4.2, 2.6, 3.1, 3.2, 3.4, 3.5, 3.6, 4.1, 5.1, 5.2, 5.2(i), 5.2(iv), 5.3, 5.4, 5.8, 6.1, 6.2, 6.4, 6.5.1, 6.6, 6.8, 6.9, 6.10, 6.13, 9.1, 9.2, 9.3, 12.2 and 12.2.2 and Annex II of the Anti-Dumping Agreement;
     
  • Articles 1.1, 1.2, 2.1, 2.2, 2.4, 6, 10, 11.1, 11.2, 11.2(i), 11.2(iv), 11.3, 11.4, 11.9, 12.1, 12.2, 12.3, 12.4.1, 12.5, 12.7, 12.8, 12.11, 15.1, footnote 46, 15.2, 15.4, 15.5, 15.6, 16.1, 19.4, 22.3, 22.5 and 32.1 of the SCM Agreement; and
     
  • Articles VI, VI:2 and VI:3 of the GATT 1994.

On 30 December 2020, the Russian Federation requested to join the consultations. On 4 January 2021, Canada requested to join the consultations.

 

Panel and Appellate Body proceedings

On 15 March 2021, Australia requested the establishment of a panel. At its meeting on 28 April 2021, the DSB deferred the establishment of a panel.

At its meeting on 28 May 2021, the DSB established a panel. Brazil, Canada, the European Union, India, Japan, Mexico, New Zealand, Norway, the Russian Federation, Singapore, Ukraine, the United Kingdom, and the United States reserved their third-party rights.

On 27 July 2021, Australia and China informed the DSB that they had agreed to Procedures for Arbitration under Article 25 of the DSU in this dispute. Such procedures were entered into by Australia and China to give effect to the communication JOB/DSB/1/Add.12 (“Multi-Party Interim Appeal Arbitration Arrangement Pursuant To Article 25 Of The DSU (MPIA)”) and with the objective of setting a framework for an Arbitrator to decide on any appeal of any final panel report issued in this dispute, if the Appellate Body is not able to hear such an appeal under Articles 16.4 and 17 of the DSU.

On 25 August 2021, Australia requested the Director-General to compose the panel. On 3 September 2021, the Director-General composed the panel.

 

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