Dispute Settlement DS440

17/05/2013 12:00 - 929 Views

China — Anti-Dumping and Countervailing Duties on Certain Automobiles from the United States

Short title:	China — Autos (US)
Complainant:	United States
Respondent:	China
Third Parties:	Colombia; European Union; India; Japan; Korea, Republic of; Oman; Turkey; Saudi Arabia, Kingdom of
Agreements cited: (as cited in request for consultations)	Anti-dumping (Article VI of GATT 1994): Art.1, 3.1, 3.2, 3.4, 3.5, 4.1, 5.3, 5.4, 6.2,6.5.1, 6.8, 6.9, Annex II GATT 1994: Art. VI Subsidies and Countervailing Measures: Art.10, 11.3, 11.4, 12.4.1, 12.7, 12.8, 15.1,15.2, 15.4, 15.5, 16.1, 22.3, 22.5
Request for Consultationsreceived:	5 July 2012

Consultations

Complaint by the United States

On 5 July 2012, the United States requested consultations with China with regard to Notice No. 20 [2011] and Notice No. 84 [2011] of the Ministry of Commerce of the People's Republic of China (“MOFCOM”) imposing anti-dumping and countervailing duties on certain automobiles from the United States, including any and all annexes.

The United States alleges that these measures appear to be inconsistent with:

Articles 1, 3.1, 3.2, 3.4, 3.5, 4.1, 5.3, 5.4, 6.2, 6.5.1, 6.8 (including Annex II, paragraph 1), 6.9, 12.2, and 12.2.2 of the Anti-Dumping Agreement;
Articles 10, 11.3, 11.4, 12.4.1, 12.7, 12.8, 15.1, 15.2, 15.4, 15.5, 16.1 22.3, and 22.5 of the SCM Agreement; and
Article VI of the GATT 1994.

On 17 September 2012, the United States requested the establishment of a panel. At its meeting on 28 September 2012, the DSB deferred the establishment of a panel.

Panel and Appellate Body proceedings

At its meeting on 23 October 2012, the DSB established a panel. Colombia, the European Union, India, Japan, Korea, Oman, Saudi Arabia and Turkey reserved their third party rights. On 1 February 2013, the United States requested the Director-General to determine the composition of the panel. On 11 February 2013, the Director-General composed the panel.