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Anti-Dumping and Countervailing Duty Measures on Broiler Products from the United States


Status: Pending

Subject: Agricultural Products,

Respondent: China

Complainant(s): United States,

Third Parties: Chile, European Union, Norway, Saudi Arabia, Japan, Thailand,

Dispute Number: DS427

Link to Dispute Site: http://www.wto.org/english/tratop_e/dispu_e/cases_e/ds427_e.htm



Complaint by the United States.

On 20 September 2011, the United States requested consultations with China concerning China's measures imposing anti-dumping and countervailing duties on broiler products from the United States.

The United States claimed that the measures appear to be inconsistent with various provisions of the Anti-Dumping Agreement related to the process of the anti-dumping investigation as well as the anti-dumping duty determination at issue (including improper dumping and injury determination, improper reliance on the facts available, failure to provide access to relevant information, insufficient explanation of the basis for the determinations, absence of proper analysis of the effects of imports under investigation, and absence of objective determination of causality). The United States alleges violations of Articles 1, 2.2, 3.1, 3.2, 3.4, 3.5, 4.1, 5.1, 6.2, 6.4, 6.5, 6.8, 6.9, and 12.2 of the Anti-Dumping Agreement.

The United States further claimed that the measures appear to be inconsistent with various provisions of the SCM Agreement related to the process of the subsidy investigation as well as the countervailing duty determination at issue (including improper reliance on the facts available, insufficient explanation of the basis for the determinations, and imposition of countervailing duties in excess of the subsidy found to exist). The United States alleges violations of Articles 10, 11.1, 12.3, 12.4, 12.7, 12.8, 15.1, 15.2, 15.4, 15.5, 16.1, 19.4, 22.3, 22.4, and 22.5 of the SCM Agreement.

The United States considered that the measures are also inconsistent with Article VI of the GATT 1994 as a consequence of the alleged violations of the Anti-Dumping Agreement and SCM Agreement.

On 8 December 2011, the United States requested the establishment of a panel. At its meeting on 19 December 2011, the DSB deferred the establishment of a panel.

Panel and Appellate Body proceedings

At its meeting on 20 January 2012, the DSB established a panel. The European Union, Japan, Norway, Saudi Arabia and Thailand reserved their third party rights. Subsequently, Chile and Mexico reserved their third party rights. On 14 May 2012, the United States requested the Director‑General to determine the composition of the panel. On 24 May 2012, the Director-General composed the panel. 

Panel Proceedings
Brief Date Brief Description
01/24/2013 Second Integrated Executive Summary of the United States 
01/14/2013 Comments of the United States on the Answers of China to the Second Set of Panel Questions 
12/20/2012 Answers of the United States to the Second Set of Panel Questions
12/05/2012 Closing Statement of the United States at the Second Panel Hearing
11/02/2012 Second Written Submission of the United States
10/26/2012 Non-Confidential Summary of China’s First Submission and Statements at the First Panel Meeting
10/26/2012 First Integrated Executive Summary of the United States
10/16/2012 Answers of the United States to the First Set of Panel Questions
09/27/2012 Opening Statement of the United States at the First Panel Meeting
06/27/2012 First Written Submission of the United States
Article 21.5 Panel Proceedings (Recourse by the United States)
Brief Date Brief Description
05/22/2017 U.S. Comments on China's Answers to Panel Questions
05/15/2017 U.S. Answers to Panel Questions
4/26/2017 U.S. Closing Statement at the Panel Meeting
4/25/2017 U.S. Opening Statement at the Panel Meeting 
2/10/2017 U.S. Second Written Submission
2/09/2017 Executive Summary of U.S. Second Written Submission 
12/09/2016 Executive Summary of U.S. First Written Submission
12/02/2016 U.S. First Written Submission