China — Anti-Dumping Measures on Imports of Cellulose Pulp from Canada

 

Short title:	China — Cellulose Pulp
Complainant:	Canada
Respondent:	China
Third Parties (original proceedings):	European Union; Chile; Japan; Korea, Republic of; Norway; United States; Brazil; Singapore; Uruguay
Agreements cited: (as cited in request for consultations)	Art. 1, 2.1, 2.2, 2.2.1.1, 2.2.2, 2.4, 3.1, 3.2, 3.4, 3.5, 4.1, 6.2, 6.8, 6.9, 6.10, 6.10.2, 8.1, 8.3, 12.2, 12.2.2, 9.4, Annex II  Anti-dumping Art. VI  GATT 1994
Agreements cited: (as cited in panel request)	Art. 2.2, 2.2.1.1, 2.2.2, 2.4, 3.1, 3.2, 3.4, 3.5, 4.1, 6.2, 6.1, 6.8, Annex II, 6.9, 6.10, 6.10.2, 12.2.2, 9.4, 1  Anti-dumping Art. VI  GATT 1994
Consultations requested:	15 October 2014
Panel requested:	12 February 2015
Panel established:	10 March 2015
Panel composed:	27 April 2015
Panel report circulated:	25 April 2017 (adopted on 23 May 2017 )

 

Summary of the dispute to date

 

The summary below was up-to-date at 19 September 2018 

 

Consultations

 

Complaint by Canada.

 

On 15 October 2014, Canada requested consultations with China with respect to China's measures imposing anti-dumping duties on imports of cellulose pulp from Canada, as set forth in the Ministry of Commerce of China Notice No. 75 of 2013 (6 November 2013), including its annex (the Preliminary Determination), and Notice No. 18 of 2014 (4 April 2014), including its annex (the Final Determination).

 

Canada claimed that the measures were inconsistent with:

 

- Articles 1, 2.1, 2.2, 2.2.1.1, 2.2.2, 2.4, 3.1, 3.2, 3.4, 3.5, 4.1, 6.1, 6.2, 6.8, 6.9, 6.10, 6.10.2, 8.1, 8.3, 9.4, 12.2 and 12.2.2, and Annex II of the Anti-Dumping Agreement; and

 

- Article VI of the GATT 1994.

 

Panel and Appellate Body proceedings

 

On 12 February 2015, Canada requested the establishment of a panel. At its meeting on 23 February 2015, the DSB deferred the establishment of a panel.

 

At its meeting on 10 March 2015, the DSB established a panel. Chile, the European Union, Japan, Korea, Norway and the United States reserved their third-party rights. Subsequently, Brazil, Singapore and Uruguay reserved their third-party rights.

 

On 15 April 2015, Canada requested the Director-General to compose the panel. On 27 April 2015, the Director-General composed the panel.

 

On 27 October 2015, the Chair of the panel informed the DSB that, due to the lack of available experienced lawyers in the Secretariat, the panel expected to issue its final report to the parties by the end of 2016.

 

On 25 April 2017, the panel report was circulated to Members.

 

 

At its meeting on 22 May 2017, the DSB adopted the panel report.

 

Reasonable period of time

 

On 1 June 2017, Canada and China informed the DSB that they had agreed that the reasonable period of time to implement the DSB's recommendations and rulings would be 11 months. Accordingly, the reasonable period of time is set to expire on 22 April 2018. At the DSB meeting on 19 June 2017, China informed the DBS of its intention to implement the DSB's recommendations and rulings and confirmed the agreement with Canada on the reasonable period of time.

 

Implementation of adopted reports

 

On 11 January 2018, China informed the DSB that, on 25 August 2017, China's Ministry of Commerce published a notice and launched a re-investigation on cellulose pulp from Canada. China indicated that through this re-investigation China will fully implement the DSB's recommendations and ruling in this dispute.

 

On 2 May 2018, China and Canada informed the DSB of Agreed Procedures under Articles 21 and 22 of the DSU (sequencing agreement).

 

Compliance proceedings

 

On 11 September 2018, Canada requested consultations with China pursuant to Article 21.5 of the DSU with respect to certain measures adopted by China imposing anti-dumping duties on imports of cellulose pulp from Canada.