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Anti-Dumping and Countervailing Duty Measures on Wine from Australia


Status: Pending

Respondent: China

Complainant(s): Australia,

Third Parties: Brazil, Canada, European Union, India, Japan, Korea, Mexico, New Zealand, Norway, Russian Federation, Singapore, Switzerland, Chinese Taipei, Turkey, Ukraine, United Kingdom, United States, Vietnam,

Dispute Number: DS602



On June 22, 2021, Australia requested consultations with China with respect to anti-dumping and countervailing measures on bottled wine in containers of 2 litres or less imported from Australia. Australia claimed that these measures appear to be inconsistent with:

• Articles 1, 2.1, 2.2, 2.2.1, 2.2.1.1, 2.2.2, 2.3, 2.4, 2.4.2, 2.6, 3.1, 3.2, 3.4, 3.5, 4.1, 5.1, 5.2, 5.2(i), 5.2(iv), 5.3, 5.4, 5.8, 6.1, 6.1.1, 6.1.2, 6.1.3, 6.2, 6.4, 6.5.1, 6.6, 6.8, 6.9, 6.10, 6.13, 7.1, 7.5, 9.1, 9.2, 9.3, 9.4, 12.1, 12.1.1, 12.2, 12.2.1, 12.2.2 and 18.1 and Annex II of the Anti-Dumping Agreement;

• Articles 1.1, 1.2, 2.1, 2.2, 2.4, 10, 11.1, 11.2, 11.2(i), 11.2(iv), 11.3, 11.4, 11.9, 12.1, 12.1.1, 12.1.2, 12.1.3, 12.2, 12.3, 12.4.1, 12.5, 12.7, 12.8, 12.11, 15.1, 15.2, 15.4, 15.5, 16.1, 17.1, 17.5, 19.4, 22.1, 22.2, 22.3, 22.4, 22.5 and 32.1 of the SCM Agreement; and
 

• Articles VI, VI:2, VI:3, VI:5 of the GATT 1994.

On September 16, 2021, Australia requested the establishment of a panel. At its meeting on September 27, 2021, the DSB deferred the establishment of the Panel.

At its meeting on October 26, 2021, the DSB established a panel. Brazil, Canada, the European Union, India, Japan, Korea, Mexico, New Zealand, Norway, the Russian Federation, Singapore, Switzerland, Chinese Taipei, Turkey, Ukraine, the United Kingdom, the United States, and Viet Nam reserved their third-party rights.

On December 16, 2021, Australia and China informed the DSB that they had agreed to Procedures for Arbitration under Article 25 of the DSU in this dispute. Such procedures were entered into by Australia and China to give effect to the communication JOB/DSB/1/Add.12 (“Multi-Party Interim Appeal Arbitration Arrangement Pursuant To Article 25 Of The DSU (MPIA)”) and with the objective of setting a framework for an arbitrator to decide on any appeal of any final panel report issued in this dispute, if the Appellate Body is not able to hear such an appeal under Articles 16.4 and 17 of the DSU.

Following agreement of the parties, the panel was composed on 4 March 2022.
 

Panel Proceedings
Brief Date Brief Description
07/13/2022 U.S. Third-Party Submission
06/02/2022 U.S. Comments on China’s Preliminary Ruling Request