Dispute Settlement DS419

21/05/2013 12:00 - 940 Views

China — Measures concerning wind power equipment

Short title:
Complainant:	United States
Respondent:	China
Third Parties:
Agreements cited: (as cited in request for consultations)	GATT 1994: Art. XVI:1 Subsidies and Countervailing Measures: Art. 3, 25.1, 25.2, 25.3,25.4 Protocol of Accession: Part I, para. 1.2
Request for Consultationsreceived:	22 December 2010

Consultations

Complaint by the United States

On 22 December 2010, the United States requested consultations with China concerning certain measures providing grants, funds, or awards to enterprises manufacturing wind power equipment (including the overall unit, and parts thereof) in China.

The United States indicated that the measures appear to provide grants, funds, or awards that are contingent on the use of domestic over imported goods and, consequently, they appear to be inconsistent with Article 3 of the SCM Agreement.

In addition, the United States considered that, as China has not notified these measures, it appears to have failed to comply with Article XVI:1 of the GATT 1994 and Article 25.1, 25.2, 25.3 and 25.4 of the SCM Agreement. The United States also alleged that, as China has not made available a translation of these measures into one or more of the official languages of the WTO, it also appears to have failed to comply with its obligation under Part I, Paragraph 1.2, of its Protocol of Accession (to the extent that it incorporates paragraph 334 of the Report of the Working Party on the Accession of China).

On 12 January 2011, the European Union requested to join the consultations. On 17 January 2011, Japan requested to join the consultations.