• Issue Areas
  • Enforcement
  • Dispute Settlement Proceedings
  • WTO Dispute Settlement
  • Pending WTO Disputes
  • Countervailing and Anti-Dumping Measures

    • Countervailing and Anti-Dumping Measures


    Status: Pending

    Subject: Anti-dumping Measures,

    Respondent: United States

    Complainant(s): China,

    Third Parties: Canada, European Union, Russian Federation, Turkey, Japan, India, Australia, Vietnam,

    Dispute Number: DS449

    Link to Dispute Site: http://wto.org/english/tratop_e/dispu_e/cases_e/ds449_e.htm



    Consultations

    Complaint by China.

    On 17 September 2012, China requested consultations with the United States concerning the following measures:

    (i) a new piece of legislation (Public Law 112-99) that explicitly allows for the application of countervailing measures to non-market economy countries;
    (ii) countervailing duty determinations or actions made or performed by US authorities between 20 November 2006 and 13 March 2012 in respect of Chinese products;
    (iii) anti-dumping measures associated with the concerned countervailing duty measures as well as the combined effect of these anti-dumping measures and the parallel countervailing duty measures; and 
    (iv) the United States' failure to provide the US Department of Commerce (USDOC) with legal authority to identify and avoid the double remedies in respect of investigations or reviews initiated on or between 20 November 2006 and 13 March 2012. 
    China considers that these measures are inconsistent with: 
    • Articles 10, 15, 19, 21 and 32 of the SCM Agreement; 
    • Articles VI, X:1, X:2 and X:3 of the GATT 1994; and 
    • Articles 9 and 11 of the Anti-Dumping Agreement. 
    On 19 November 2012, China requested the establishment of a panel. At its meeting on 30 November 2012, the DSB deferred the establishment of a panel. 
    Panel and Appellate Body proceedings 
    At its meeting on 17 December 2012, the DSB established a panel. Australia, Canada, the European Union, Japan, Turkey and Viet Nam reserved their third party rights. Subsequently, India and the Russian Federation reserved their third party rights. On 21 February 2013, China requested the Director-General to determine the composition of the panel. On 4 March 2013, the Director-General composed the panel.
    Panel Proceedings
    Brief Date Brief Description
    09/27/2013 Comments of the United States on China’s Responses to the Panel’s Questions Following the Second Meeting
    09/13/2013 Responses of the United States to the Panel’s Questions Following the Second Hearing
    09/03/2013 Executive Summary of the Opening Statement of the United States at the Second Panel Hearing
    08/27/2013 Opening Statement of the United States at the Second Panel Hearing
    08/08/2013 Executive Summary of the Second Written Submission of the United States
    08/01/2013 Second Written Submission of the United States
    07/18/2013 Responses of the United States to the Panel’s Questions Following the First Hearing
    07/10/2013 Executive Summary of the Opening Statement of the United States at the First Panel Hearing
    07/02/2013 Opening Statement of the United States at the First Panel Hearing
    05/19/2013 Executive Summary of first Written Submission of the United States
    05/12/2013 First Written Submission of the United States
    Appellate Proceedings
    Brief Date Brief Description
     
    04/30/2014 Appellee Submission of the United States
    04/17/2014 Other Appellant Submission of the United States