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Measures Relating to the Exportation of Various Raw Materials

Key Facts
Short Title: China — Export Restraints
Respondent: China
Complaintant(s): United States;
Dispute Number: DS394
Link to Dispute Site: http://www.wto.org/english/tratop_e/dispu_e/cases_e/ds394_e.htm
Dispute Status: Pending

On June 23, 2009, the United States requested consultations with China regarding China’s export restraints on a number of important raw materials.  The materials at issue are: bauxite, coke, fluorspar, magnesium, manganese, silicon metal, silicon carbide, yellow phosphorus, and zinc.  These materials are inputs for numerous downstream products in the steel, aluminum, and chemical sectors.   

Specifically, the United States is concerned that certain Chinese measures: (1) impose quantitative restrictions in the form of quotas on exports of bauxite, coke, fluorspar, silicon carbide, and zinc ores and concentrates, as well as certain intermediate products incorporating some of these inputs; (2) impose export duties on several raw materials; and (3) impose other export restraints through its export procedures, including via certain charges (unrelated to any services rendered) that must be paid before certain products can be exported.  The United States is also concerned that China administers its export procedures unfairly in other respects, including, for example, by not publishing relevant measures in a manner that allows them to be readily available to governments and traders.  The measures at issue appear to be inconsistent with several WTO provisions, including provisions in the General Agreement on Tariffs and Trade 1994, as well as specific commitments made by China in its WTO accession agreement. 

The United States and China held consultations on September 1-2, 2009, but they did not resolve the dispute.  The European Communities and Mexico have also requested and held consultations with China on these measures. 

On November 19, 2009, the European Communities and Mexico joined the United States in requesting the establishment of a panel, and on December 21, 2009, the WTO Dispute Settlement Body established a single panel to examine all three complaints.  On March 29, 2010, the Director-General composed the panel as follows: Mr. Elbio Rosselli, Chair; Ms. Dell Higgie and Mr. Nugroho Wisnumurti, Members.

Panel Proceedings
Brief DateBrief Description
12/15/2010

U.S. Comments on China’s Answers to the Second Set of Panel Questions

12/07/2010U.S. Answers to Second Set of Panel Questions – Attachment – Chart re Question 1
12/07/2010U.S. Answers to Second Set of Panel Questions
12/03/2010Executive Summary of U.S. Opening Oral Statement at Second Panel Meeting
10/15/2010Executive Summary of U.S. Rebuttal Submission
11/23/2010U.S. Closing Oral Statement at Second Panel Meeting
11/22/2010U.S. Opening Oral Statement at Second Panel Meeting
10/08/2010U.S. Second Written Submission
09/13/2010Executive Summary of Co-Complainants’ Opening Oral Statement at the First Panel Meeting
0913/2010Executive Summary of U.S. Closing Oral Statement at the First Panel Meeting
09/13/2010U.S. Answers to First Set of Panel Questions
09/13/2010U.S. Answers to First Set of Panel Questions – Attachment – Chart A re Question 1(a) & (b)
09/13/2010U.S. Answers to First Set of Panel Questions – Attachment – Chart B re Question 2
09/02/2010U.S. Closing Oral Statement at the First Panel Meeting
08/31/2010Co-Complainants’ Opening Oral Statement at the First Panel Meeting
06/08/2010Executive Summary of U.S. First Written Submission
06/01/2010U.S. First Written Submission
Appeal Proceedings
Brief DateBrief Description
11/07/2011

U.S. Oral Statement

09/22/2011

U.S. Appellee Submission

09/22/2011

Executive Summary of U.S. Appellee Submission

09/06/2011U.S. Other Appellant Submission