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Tariff Measures on Certain Goods from China

Key Facts
Short Title: United States – Tariff Measures on Certain Goods from China
Respondent: United States
Third Parties: Brazil; Canada; Chinese Taipei; European Union; Norway; Russia; Turkey; Ukraine; Japan; Korea; India; Kazakhstan; Australia; Indonesia;
Complaintant(s): China;
Dispute Number: DS543
Link to Dispute Site: https://www.wto.org/english/tratop_e/dispu_e/cases_e/ds543_e.htm
Dispute Status: Pending

On April 4, 2018, China requested consultations with the United States concerning certain tariff measures on Chinese goods which would allegedly be implemented through Sections 301-310 of the US Trade Act of 1974.

China claimed that the alleged measures appear to be inconsistent with:

• Articles I:I and II:1(a) and (b) of the GATT 1994; and

• Article 23 of the DSU.

On April 13, 2018, the United States requested the Chair of the DSB to circulate to Members a communication indicating that the United States was willing to enter into consultations with China, without prejudice to the US view that China’s letter of April 4, 2018 did not satisfy the requirements of Article 4 of the DSU. On April 25, 2018, China requested the Chair of the DSB to circulate to Members a communication responding to the United States’ communication of April 13, 2018. On July 6, 2018, China requested additional consultations with the United States. China referred to the publication by the United States on June 15, 2018 of a list of products of Chinese origin to be subject to an ad valorem duty of 25% imposed by the United States on the importation of certain Chinese products as of July 6, 2018.

On July 16, 2018, the United States requested the Chair of the DSB to circulate to Members a communication referring to China’s July 6, 2018 letter. In its communication, the United States also referred to certain additional duties imposed by China on the importation of certain products from the United States. On July 16, 2018, China requested additional consultations that supplemented its original letter of April 4, 2018 as well as its supplemental letter of July 6, 2018. China referred to the publication by the United States on July 10, 2018 of a list of products of Chinese origin to be subject to an ad valorem duty of 10% to be imposed by the United States on the importation of certain Chinese products. On July 26, 2018, the United States requested the Chair of the DSB to circulate to Members a communication referring to China’s July 16, 2018 supplement. In its communication, the United States indicated that the United States was willing to enter into consultations with China, without prejudice to the US view that China’s letter of April 4, 2018 did not satisfy the requirements of Article 4 of the DSU. In its communication, the United States also referred to certain additional duties that China announced it would impose on the importation of certain products from the United States.

On September 18, 2018, China requested additional consultations that supplemented its original letter of April 4, 2018 as well as its supplemental letters of July 6, 2018 and of July 16, 2018. China referred to the publication by the United States on September 17, 2018 of a list of products of Chinese origin to be subject to an ad valorem duty of 10% as of September 24, 2018 and of 25% as of January 1, 2019.

On September 28, 2018, the United States requested the Chair of the DSB to circulate to Members a communication referring to China’s September 18, 2018 supplement. In its communication, the United States indicated that it was willing to enter into consultations with China, and referred to certain additional duties on the importation of products from the United States that China had announced on September 18, 2018. On December 6, 2018, China requested the establishment of a panel. At its meeting on December 18, 2018, the DSB deferred the establishment of a panel. At its meeting on January 28, 2019, the DSB established a panel. Brazil, Canada, the European Union, India, Indonesia, Japan, Kazakhstan, Korea, New Zealand, Norway, Russia, Singapore, Chinese Taipei, and Ukraine reserved their third-party rights.

On May 24, 2019, China requested the Director-General to compose the panel. On June 3, 2019, the Director-General composed the panel.

 

Panel Proceedings
Brief Date Brief Description
08/27/219 U.S. First Written Submission