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Cases involving the EU

WT/DS395 - China — Measures Related to the Exportation of Various Raw Materials

Last update: 06/04/2012

  • Complaint by: EU - Mexico - United States
  • Complaint against: China
  • Third parties:
    Argentina - Brazil - Canada - Chile - Colombia - Ecuador - India - Japan - Korea, Republic Of - Norway - Saudi Arabia - Taiwan (Chinese Taipei) - Turkey
Summary of case:

On 23 June 2009, following the US, the EC requested consultations with China regarding various export restrictions on the exportation of certain raw materials from China. The materials in question are various forms of bauxite, coke, fluorspar, magnesium, manganese, silicon carbide, silicon metal, yellow phosphorus and zinc. The export restrictions are mainly quotas (bauxite, coke, fluorspar, silicon carbide and zinc), export duties (bauxite, coke, fluorspar, magnesium, manganese, silicon metal, yellow phosphorus and zinc), a minimum export price system, as well as additional requirements and procedures that exporters must meet. Panel Report found China in violation of various WTO provisions. On 30 January 2012 Appellate Body circulated its AB Report where it confirmed all the main findings of the Panel, i.e. that China export restrictions (duties and quotas) are in breach of its WTO commitments and that China was not able to justify them. None of the modifications undertaken by the Appellate Body on the Panel's findings has changed the Panel's conclusion that China’s export restrictions are in violation of WTO rules and of China’s commitments, and cannot be justified under WTO law.

Relevant WTO provision:

GATT 1994 (VIII, X, XI, XX)
Protocol on the Accession of the People's Republic of China

Current situation:

On 23 March 2012, China informed the DSB of its intention to implement the DSB recommendations and rulings but that it would need a reasonable period of time to do so.

Consultation:

Date of request: 23/06/2009

Panel:

Date of request: 04/11/2009
Date of establishment: 21/12/2009
Date of circulation of report: 05/07/2011

Appeal:

Date of request: 31/08/2011
Date of circulation of report: 30/01/2012

Date of adoption - panel/AB report:

22/02/2012

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