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Tariff Measures on Certain Goods from China


Status: Pending

Respondent: United States

Complainant(s): China,

Third Parties: Brazil, Canada, Chinese Taipei, European Union, Norway, Russian Federation, Turkey, Ukraine, Japan, Korea, India, Kazakhstan, Australia, Indonesia,

Dispute Number: DS543

Link to Dispute Site: https://www.wto.org/english/tratop_e/dispu_e/cases_e/ds543_e.htm



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
04/17/2020 U.S. Integrated Executive Summary 
03/31/2020 U.S. Comments on China’s Answers to Panel’s Second Set of Questions
03/17/2020 U.S. Answers to Panel’s Second Set of Questions
02/26/2020 U.S. Closing Statement at the Second Panel Meeting
02/25/2020 U.S. Opening Statement at the Second Panel Meeting
01/08/2020 U.S. Second Written Submission
11/20/2019 U.S. Answers to Panel’s First Set of Questions
10/31/2019 U.S. Closing Statement at the First Panel Meeting
10/29/2019 U.S. Opening Statement at the First Panel Meeting 
08/27/219 U.S. First Written Submission