DISPUTE SETTLEMENT
DS: Canada — Measures on Certain Products of Chinese Origin
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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Summary of the dispute to date
The summary below was up-to-date at
Consultations
Complaint by China
On 6 September 2024, China requested consultations with Canada with respect to measures on certain products of Chinese origin, including a 100 per cent surtax on all Chinese-made Electric Vehicles, effective on 1 October 2024, and a 25 percent surtax on imports of steel and aluminum products from China, effective on 15 October 2024.
China claimed that the challenged measures appear to be inconsistent with Articles I:1, II:1(a) and II:1(b) of the GATT 1994.
On 7 March 2025, China submitted an addendum supplementing, but not replacing, its request for consultations of 6 September 2025. China indicated that it was requesting further consultations with respect to additional surtax measures on certain products of Chinese origin, including, inter alia, Chinese-made electric vehicles, steel and aluminium products, batteries and battery parts, solar products, critical minerals, semiconductors, permanent magnets, and natural graphite from China.
Panel and Appellate Body proceedings
On 12 May 2025, China requested the establishment of a panel. At its meeting on 23 May 2025, the DSB deferred the establishment of the panel.
At its meeting on 23 June 2025, the DSB established a panel. Australia, Brazil, the European Union, India, Indonesia, Japan, Korea, Malaysia, New Zealand, Norway, the Russian Federation, Singapore, Switzerland, Chinese Taipei, Thailand, Türkiye, Ukraine, the United Kingdom, the United States, and Viet Nam reserved their third-party rights.
On 20 August 2025, China and Canada 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 China and Canada 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 from 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.
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