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    • Anti-Dumping and Countervailing Duty Measures on Certain Products from China


    Status: Pending

    Subject: Anti-Dumping Agreement, GATT 1994, SCM Agreement,

    Respondent: Australia

    Complainant(s): China,

    Third Parties: Argentina, Brazil, Canada, Mexico, United States, Chinese Taipei, European Union, Norway, Russian Federation, Switzerland, United Kingdom, Japan, Korea, India, Malaysia, Singapore, Vietnam,

    Dispute Number: DS603

    Link to Dispute Site: https://www.wto.org/english/tratop_e/dispu_e/cases_e/ds603_e.htm



    On June 24, 2021, China requested consultations with Australia with respect to anti-dumping and countervailing measures imposed by Australia on imports of certain products originating in China, inter alia, wind towers, deep drawn stainless steel sinks and railway wheels.

    China claimed that the anti-dumping measures on wind towers, deep drawn stainless steel sinks and railway wheels appear to be inconsistent with:

    • Articles 2.1, 2.2, 2.2.1.1, 2.2.2, 2.4 and 9.3 of the Anti-Dumping Agreement; and

    • Articles VI:1 and VI:2 of the GATT 1994.

    China claimed that the countervailing measures on deep drawn stainless stell sinks appear to be inconsistent with:

    • Articles 1.1(a)(1),1.1(b), 2.1(c), 11.1, 11.2, 11.3 and 14(d) of the SCM Agreement.

    On January 13, 2022, China requested the establishment of a panel.

    At its meeting on January 25, 2022, the DSB deferred the establishment of the panel. At its meeting on February 28, 2022, the DSB established a panel. Argentina, Brazil, Canada, the European Union, India, Japan, Korea, Malaysia, Mexico, Norway, the Russian Federation, Singapore, Switzerland, Chinese Taipei, United Kingdom, United States, and Viet Nam reserved their third-party rights.

    On April 28, 2022, 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 the agreement of the parties, the panel was composed on September 5, 2022.
     

    Panel Proceedings
    Brief Date Brief Description
    04/06/2023 U.S. Third-Party Executive Summary
    03/24/2023 U.S. Third-Party Answers to Panel Questions
    03/08/2023 U.S. Third-Party Oral Statement 
    01/27/2023 U.S. Third-Party Submission