DS: United States — Measures on Certain Semiconductor and other Products, and Related Services and Technologies
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
The summary below was up-to-date at
Complaint by China
On 12 December 2022, China requested consultations with the United States with respect to certain measures of the United States related to trade in certain advanced computing semiconductor chips, supercomputer items, semiconductor manufacturing items and other items, as well as their related services and technologies destined for or in relation to China.
China claimed that the challenged measures appear to be inconsistent with:
- Articles I:1, X:1, X:3 and XI:1 of the GATT 1994;
- Article 2 of the TRIMS Agreement;
- Article 28 of the TRIPS Agreement; and
- Article VI of the GATS.
On 21 December 2022, the Russian Federation requested to join the consultations. On 3 January 2023, Chinese Taipei requested to join the consultations.
On 22 December 2022, the United States requested the Chair of the DSB to circulate to Members a communication where it indicated that the United States accepted China's request to enter into consultations, without prejudice to the US view that the challenged measures concerned issues of national security not susceptible to review or capable of resolution by WTO dispute settlement.
On 9 February 2023, China revised and replaced its consultations request of 12 December 2022, by modifying its legal basis to Article XXIII of the GATT 1994 and Article XXIII of the GATS (instead of Article XXII of the GATT 1994 and Article XXII of the GATS). The revised consultations request maintained the claims as summarized above. On that same date, the United States notified the DSB that it accepted Chinese Taipei's request to join the original consultations and that it rejected Russia's.
On 17 February 2023, the United States notified the DSB that it accepted China's revised request to enter into consultations, without prejudice to the United States' view that the challenged measures concerned issues of national security not susceptible to review or capable of resolution by WTO dispute settlement.
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