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WTO cases
Cases involving the EU
WT/DS432 - China - Measures Related to the Exportation of Rare Earths, Tungsten and Molybdenum
Last update: 02/04/2013
- 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).
Consultation:
Date of request: 13/03/2012
Panel:
Date of request: 27/06/2012
WTO documents
- 15/03/2012 - Request for consultations by the European Union
- 26/03/2012 - Request to join consultations - Communication from Japan
- 26/03/2012 - Request to join consultations - Communication from the United States
- 28/03/2012 - Request to join consultations - Communication from Canada
- 16/04/2012 - Acceptance by China of the requests to join consultations
- 18/04/2012 - Acceptance by China of the requests to join consultations
- 29/06/2012 - Request for the establishment of a panel by the European Union
- 25/09/2012 - Constitution of the Panel Established at the Requests of the United States, the European Union and Japan
- 26/03/2013 - Communication from the Chairperson of the panel