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Measures Affecting Imports of Certain Passenger Vehicle and Light Truck Tyres from China

Key Facts
Short Title: US — Tires Section 421 (China)
Respondent: United States
Complaintant(s): China;
Dispute Number: DS399
Link to Dispute Site: http://www.wto.org/english/tratop_e/dispu_e/cases_e/ds399_e.htm
Dispute Status: Concluded

On September 14, 2009, China requested consultations with respect to the imposition of additional duties on imports of certain passenger vehicle and light truck tires from China under section 421 of the Trade Act of 1974, as amended, and section 16 of the Protocol on the Accession of the People’s Republic of China (Protocol of Accession).  China alleges that the additional tariffs are inconsistent with the GATT 1994, the Agreement on Safeguards, and the Protocol of Accession.  China alleges that various elements of USITC’s determination regarding market disruption are inconsistent with the Protocol of Accession.  In addition, China alleges that the level and duration of the additional tariffs are inconsistent with the Protocol of Accession.  Finally, China alleges that the Section 421 definition of “significant cause” is in and of itself inconsistent with the Protocol of Accession. 

The United States held consultations with China on November 9, 2009.  On December 9, 2009, China filed a request for establishment of a panel.  On January 19, 2010, the DSB established a panel at China’s request.  On March 12, 2010, the Director-General composed the panel as follows:  Prof. Celso Lafer, chairman; Prof. Donald M. McRae and Mr. Luis M. Catibayan, panelists.

 

Panel Proceedings
Brief DateBrief Description
08/20/2010U.S. Comments on China’s Answers to Panel Questions Following the Second Panel Meeting
08/06/2010U.S. Answers to Panel Questions Following the Second Panel Meeting
07/20/2010U.S. Oral Statement at Second Panel Meeting
06/30/2010Executive Summary of U.S. Second Written Submission
06/23/2010U.S. Second Written Submission
06/18/2010U.S. Answers to Panel Questions Following the First Panel Meeting
06/01/2010U.S. Oral Statement at First Panel Meeting (pdf)
05/07/2010U.S. First Written Submission (pdf)
05/17/2010Executive Summary of U.S. First Written Submission (pdf)

Appeal Proceedings
Brief DateBrief Description
07/07/2011U.S. Opening Oral Statement
06/14/2011U.S. Appellee Submission