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Cases involving the EU

WT/DS432 - China - Measures Related to the Exportation of Rare Earths, Tungsten and Molybdenum

Last update: 16/06/2014

  • Complaint by: EU - Japan - United States
  • Complaint against: China
  • Third parties:
    Argentina - Australia - Brazil - Canada - Colombia - India - Indonesia - Japan - Korea, Republic Of - Norway - Oman - Peru - Russian Federation - Saudi Arabia - Taiwan (Chinese Taipei) - Turkey - United States - Viet Nam
Summary of case:

On 13 March 2012 the EU, together with the US and Japan, requested consultations with China on China's export restrictions regarding various forms of Rare Earths, Tungsten, and Molybdenum. The export restrictions are mainly export duties and quotas as well as additional requirements and procedures linked to the quota administration.

Relevant WTO provision:

Articles XI of the GATT 1994, and, Paragraphs 5.1 and 11.3 of Part I of the Protocol on the Accession of the People’s Republic of China (WT/L/432)(“Accession Protocol”), as well as China’s obligations under the provisions of paragraph 1.2 of Part I of the Accession Protocol (which incorporates commitments in paragraphs 83, 84, 162, and 165 of the Report of the Working Party on the Accession of China)(WT/MIN(01)/3)).

Current situation:

The consultations which took place in WTO premises on 25 and 26 April 2012 did not bring a solution to the dispute. On 27 June 2012, the EU, together with the US and Japan, submitted a request for the establishment of a WTO panel. The Panel was established at the DSB meeting of 23 July 2012. On 24 September 2012, the WTO Director-General determined as panellists: Mr (Chairman; Morocco); Mr Hugo Cayrús (Uruguay); Mr Darlington Mwape (Zambia). The Panel issued its final report to the WTO Membership on 26 March 2014 (for more information : http://www.wto.org/english/tratop_e/dispu_e/cases_e/ds432_e.htm
On 25 April 2014, China notified the DSB of its decision to appeal to the Appellate Body certain issues of law covered in the panel report and certain legal interpretations developed by the panel.

Consultation:

Date of request: 13/03/2012

Panel:

Date of request: 27/06/2012

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