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Countervailing and Anti-Dumping Duties on Grain Oriented Flat-Rolled Electrical Steel from the United States

Key Facts
Short Title: China – GOES
Respondent: China
Third Parties: Argentina; Honduras; European Union; Saudi Arabia; Japan; Korea; India; Vietnam;
Complaintant(s): United States;
Dispute Number: DS414
Link to Dispute Site: http://www.wto.org/english/tratop_e/dispu_e/cases_e/ds414_e.htm
Dispute Subject(s): Industrial Products;
Dispute Status: Pending

Complaint by the United States.

On 15 September 2010, the United States requested consultations with China with respect to measures imposing countervailing duties and anti-dumping duties on grain oriented flat-rolled electrical steel (“GOES”) from the United States as set forth in Ministry of Commerce of the People's Republic of China (“MOFCOM”) Notice No. 21 [2010], including its annexes.  The subsidy that China determined to confer a benefit are the “Buy America” provisions of the American Recovery and Reinvestment Act of 2009 and also State government procurement laws. 

The United States alleged that China appears to be acting inconsistently with its obligations under:

  • Articles 10, 11.2, 11.3, 12.3, 12.4.1, 12.7, 12.8, 15.1, 15.2, 15.5, 19, 22.2(iii), 22.3 and 22.5 of the SCM Agreement,
  • Articles 1, 3.1, 3.2, 3.5, 6.9 and 12.2 of the Anti-Dumping Agreement; and
  • Article VI of the GATT 1994.

On 11 February 2011, the United States requested the establishment of a panel.  At its meeting on 24 February 2011, the DSB deferred the establishment of a panel.

Panel and Appellate Body proceedings

At its meeting on 25 March 2011, the DSB established a panel.  The European Union, Honduras, India, Japan, Korea and Viet Nam reserved their third party rights.

Panel Proceedings
Brief DateBrief Description
01/13/2012U.S. Comments on China’s Answers to the Panel’s Questions following the Second Panel Meeting
12/23/2011U.S. Answers to the Panel’s Questions following the Second Panel Meeting
12/15/2011Executive Summary of the Opening Statement of the United States at the Second Panel Meeting
12/07/2011Closing Statement of the United States at the Second Panel Meeting
12/06/2011Opening Statement of the United States at the Second Panel Meeting
10/19/2011Executive Summary of the Second Written Submission of the United States
10/12/2011Second Written Submission of the United States
10/03/2011U.S. Answers to the Panel’s Questions following the First Panel Meeting
09/22/2011Executive Summary of the Opening Statement of the United States at the First Panel Meeting
09/16/2011Closing Statement of the United States at the First Panel Meeting
09/15/2011Opening Statement of the United States at the First Panel Meeting
07/22/2011Non-Confidential Summary of China’s First Written Submission
06/15/2011Executive Summary of the First Written Submission of the United States
06/08/2011First Written Submission of the United States
Arbitration Under Article 21.3(c) of the DSU
Brief DateBrief Description
03/18/2013Submission of the United States
08/27/2012Oral Statement of the United States
08/07/2012Appellee Submission of the United States