United States — Countervailing Duty Measures on Certain Products from China

Consultations

Complaint by China.

On 25 May 2012, China requested consultations with the United States concerning the imposition of countervailing duty measures by the United States on certain products from China.

China challenges various aspects of certain identified countervailing duty investigations, including their opening, conduct and the preliminary and final determinations that led to the imposition of countervailing duties.  China also challenges the “rebuttable presumption” allegedly established and applied by the US Department of Commerce that majority government ownership is sufficient to treat an enterprise as a “public body”.

China claims that the challenge measures are inconsistent with:

• Article VI of the GATT 1994;
• Articles 1.1, 2, 11.1, 11.2, 11.3, 12.7 and 14(d) of the SCM Agreement; and
• Article 15 of the Protocol of Accession of China.

On 20 August 2012, China requested the establishment of a panel.  At its meeting on 31 August 2012, the DSB deferred the establishment of a panel.

Panel and Appellate Body proceedings

At its meeting on 28 September 2012, the DSB established a panel.  Australia, Brazil, Canada, the European Union, India, Japan, Korea, Norway, the Russian Federation, Turkey and Viet Nam reserved their third party rights.  Subsequently, Saudi Arabia reserved its third party rights.

On 14 November 2012, China requested the Director-General to determine the composition of the panel.  On 26 November 2012, the Director-General composed the panel.