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WTO cases
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
WTO documents
- 25/06/2009 - Request for Consultations by the European Communities
- 08/07/2009 - Request to Join Consultations Communication from the United States
- 08/07/2009 - Request to Join Consultations, Communication from Canada
- 08/07/2009 - Request to Join Consultations, Communication from Turkey
- 09/07/2009 - Request to Join Consultations, Communication from Mexico
- 28/07/2009 - Acceptance by China of the Requests to Join Consultations - Trilingual Document
- 09/11/2009 - Request for the Establishment of a Panel by the European Communities
- 30/03/2010 - Constitution of the Panel Established at the Requests of the United States, the European Communities1 and Mexico
- 18/05/2010 - Communication from the Panel
- 21/10/2010 - Communication from the Chairman of the Panel
- 05/07/2011 - Final Panel Report
- 05/07/2011 - Reports of the panel - Addendum
- 17/08/2011 - Reports of the Panel - Corrigendum
- 02/09/2011 - Notification of an appeal by China under article 16.4 and article 17 of the Understanding [...] Procedure for Appellate Review
- 12/09/2011 - Notification of an other appeal by the European Union under article 16.4 and article [...]rocedures for appellate review
- 08/12/2011 - Communication from the Appellate Body
- 30/01/2012 - Appellate Body Report
- 01/02/2012 - Communication from the Appellate Body
- 24/02/2012 - Appellate body reports and panel reports - Action by the Dispute Settlement Body
- 16/04/2012 - Communication from the European Union and China concerning article 21.3(c) of the DSU
- 30/05/2012 - Agreement under article 21.3(b) of the DSU
- 07/12/2012 - Status report by China
- 23/01/2013 - Understanding between China and the European Union regarding procedures under arti[...] articles 21 and 22 of the DSU
EU submissions
- 01/06/2010 - First Written Submission by the European Union
- 08/10/2010 - Second Written Submission by the European Union
- 15/10/2010 - Executive summary of the EU's Second Written Submission
- 06/09/2011 - Notification of an Other Appeal by the European Union
- 07/11/2011 - Opening Statement of the European Union
Other information
- 05/07/2011 - Memo on a Panel Report findings