Measures Relating to the Exportation of Various Raw Materials
|Short Title:||China — Export Restraints|
|Link to Dispute Site:||http://www.wto.org/english/tratop_e/dispu_e/cases_e/ds394_e.htm|
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.
|Brief Date||Brief Description|
|09/06/2011||U.S. Other Appellant Submission|