DISPUTE SETTLEMENT

DS: China — Anti-Dumping and Countervailing Duty Measures on Wine 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 22 June 2021, Australia requested consultations with China with respect to anti-dumping and countervailing measures on bottled wine in containers of 2 litres or less imported from Australia.

Australia claimed that these measures appear to be inconsistent with:

  • Articles 1, 2.1, 2.2, 2.2.1, 2.2.1.1, 2.2.2, 2.3, 2.4, 2.4.2, 2.6, 3.1, 3.2, 3.4, 3.5, 4.1, 5.1, 5.2, 5.2(i), 5.2(iv), 5.3, 5.4, 5.8, 6.1, 6.1.1, 6.1.2, 6.1.3, 6.2, 6.4, 6.5.1, 6.6, 6.8, 6.9, 6.10, 6.13, 7.1, 7.5, 9.1, 9.2, 9.3, 9.4, 12.1, 12.1.1, 12.2, 12.2.1, 12.2.2 and 18.1 and Annex II of the Anti-Dumping Agreement;
     
  • Articles 1.1, 1.2, 2.1, 2.2, 2.4, 10, 11.1, 11.2, 11.2(i), 11.2(iv), 11.3, 11.4, 11.9, 12.1, 12.1.1, 12.1.2, 12.1.3, 12.2, 12.3, 12.4.1, 12.5, 12.7, 12.8, 12.11, 15.1, 15.2, 15.4, 15.5, 16.1, 17.1, 17.5, 19.4, 22.1, 22.2, 22.3, 22.4, 22.5 and 32.1 of the SCM Agreement; and
     
  • Articles VI, VI:2, VI:3, VI:5 of the GATT 1994.

 

Panel and Appellate Body proceedings

On 16 September 2021, Australia requested the establishment of a panel. At its meeting on 27 September 2021, the DSB deferred the establishment of the Panel.

At its meeting on 26 October 2021, the DSB established a panel. Brazil, Canada, the European Union, India, Japan, Korea, Mexico, New Zealand, Norway, the Russian Federation, Singapore, Switzerland, Chinese Taipei, Turkey, Ukraine, the United Kingdom, the United States, and Viet Nam reserved their third-party rights.

On 16 December 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.

Following agreement of the parties, the panel was composed on 4 March 2022.

 

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