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    • Anti-dumping and countervailing duty measures on barley from Australia


    Status: Pending

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

    Respondent: China

    Complainant(s): Australia,

    Third Parties: Brazil, Canada, Mexico, United States, European Union, Norway, Russian Federation, Ukraine, United Kingdom, Japan, India, New Zealand, Singapore,

    Dispute Number: DS598

    Link to Dispute Site: https://www.wto.org/english/tratop_e/dispu_e/cases_e/ds598_e.htm



    On December 16, 2020, Australia requested consultations with China regarding certain measures imposing anti-dumping duties and countervailing duties on barley imported from Australia.

    Australia claimed that the measures appear to be inconsistent with:

    • Articles 1, 2.1, 2.2, 2.3, 2.4, 2.4.2, 2.6, 3.1, 3.2, 3.4, 3.5, 3.6, 4.1, 5.1, 5.2, 5.2(i), 5.2(iv), 5.3, 5.4, 5.8, 6.1, 6.2, 6.4, 6.5.1, 6.6, 6.8, 6.9, 6.10, 6.13, 9.1, 9.2, 9.3, 12.2 and 12.2.2 and Annex II of the Anti-Dumping Agreement;

    • Articles 1.1, 1.2, 2.1, 2.2, 2.4, 6, 10, 11.1, 11.2, 11.2(i), 11.2(iv), 11.3, 11.4, 11.9, 12.1, 12.2, 12.3, 12.4.1, 12.5, 12.7, 12.8, 12.11, 15.1, footnote 46, 15.2, 15.4, 15.5, 15.6, 16.1, 19.4, 22.3, 22.5 and 32.1 of the SCM Agreement; and

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

    On December 30, 2020, the Russian Federation requested to join the consultations. On January 4, 2021, Canada requested to join the consultations.

    On March 15, 2021, Australia requested the establishment of a panel. At its meeting on April 28, 2021, the DSB deferred the establishment of a panel.

    At its meeting on May 28, 2021, the DSB established a panel. Brazil, Canada, the European Union, India, Japan, Mexico, New Zealand, Norway, the Russian Federation, Singapore, Ukraine, the United Kingdom, and the United States reserved their third-party rights.

    On July 27, 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.

    On August 25, 2021, Australia requested the Director-General to compose the panel. On September 3, 2021, the Director-General composed the panel.

    Panel Proceedings
    Brief Date Brief Description
    09/05/2022 U.S. Third-Party Executive Summary
    08/22/2022 U.S. Third-Party Answers to Panel Questions
    07/26/2022 U.S. Third-Party Oral Statement
    01/14/2022 U.S. Third Party Submission