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Countervailing Duty Measures on Certain Products from China

Key Facts
Short Title: U.S. – Countervailing Measures (China)
Respondent: United States
Third Parties: Brazil; Canada; European Union; Norway; Saudi Arabia; Turkey; Japan; Korea; India; Australia; Vietnam;
Complaintant(s): China;
Dispute Number: DS437
Link to Dispute Site: http://wto.org/english/tratop_e/dispu_e/cases_e/ds437_e.htm
Dispute Subject(s): Countervailing Duty;
Dispute Status: Pending

On 25 May 2012, China requested consultations with the United States concerning the imposition of countervailing duty measures by the United States on certain products from China. 

China challenges various aspects of certain identified countervailing duty investigations, including their opening, conduct and the preliminary and final determinations that led to the imposition of countervailing duties. China also challenges the “rebuttable presumption” allegedly established and applied by the US Department of Commerce that majority government ownership is sufficient to treat an enterprise as a “public body”. 

China claims that the challenge measures are inconsistent with: 

•Article VI of the GATT 1994; 

•Articles 1.1, 2, 11.1, 11.2, 11.3, 12.7 and 14(d) of the SCM Agreement; and 

•Article 15 of the Protocol of Accession of China.

On 20 August 2012, China requested the establishment of a panel. At its meeting on 31 August 2012, the DSB deferred the establishment of a panel.

Panel and Appellate Body proceedings

At its meeting on 28 September 2012, the DSB established a panel. Australia, Brazil, Canada, the European Union, India, Japan, Korea, Norway, the Russian Federation, Turkey and Viet Nam reserved their third party rights. Subsequently, Saudi Arabia reserved its third party rights.

On 14 November 2012, China requested the Director-General to determine the composition of the panel. On 26 November 2012, the Director-General composed the panel.

 

Panel Proceedings
Brief DateBrief Description
08/01/2023Executive Summary of the Opening Statement of the United States at the Second Substantive Meeting of the Panel
07/24/2013Closing Statement of the United States at the Second Substantive Meeting of the Panel
07/23/2013Opening Statement of the United States at the Second Substantive Meeting of the Panel
06/07/2013Executive Summary of the Second Written Submission of the United States
05/31/2013Second Written Submission of the United States
05/01/2013Closing Statement of the United States at the First Substantive Meeting of the Panel
04/30/2013Opening Statement of the United States at the First Substantive Meeting of the Panel
03/22/2013Executive Summary of First Written Submission of the United States
03/15/2013First Written Submission of the United States
Appellate Proceedings
Brief DateBrief Description
10/16/2014U.S. Opening Statement
09/09/2014Appellee Submission of the United States