United States — Safeguard Measure on Imports of Crystalline Silicon Photovoltaic Products

 

Short title:	US — Safeguard Measure on PV Products (China)
Complainant:	China
Respondent:	United States
Third Parties (original proceedings):	Brazil; Canada; European Union; India; Japan; Korea, Republic of; Malaysia; Philippines; Russian Federation; Chinese Taipei
Agreements cited: (as cited in request for consultations)	Art. X:3, XIII, XIX:1, XIX:2  GATT 1994 Art. 2.1, 2.2, 3.1, 3.2, 4.1, 4.1(c), 4.2, 5.1, 7.1, 8.1, 12.1, 12.2, 12.3  Safeguards
Agreements cited: (as cited in panel request)	Art. XIX:1  GATT 1994 Art. 2.1, 3.1, 3.2, 4.2(b)  Safeguards
Consultations requested:	14 August 2018
Panel requested:	11 July 2019
Panel established:	15 August 2019
Panel composed:	24 October 2019
Panel report circulated:	2 September 2021

 

Summary of the dispute to date

 

The summary below was up-to-date at 17 February 2023 

 

Consultations

 

Complaint by China

 

On 14 August 2018, China requested consultations with the United States concerning the definitive safeguard measure imposed by the United States on imports of certain crystalline silicon photovoltaic products.

 

China claimed that the measures appear to be inconsistent with:

 

- Articles 2.1, 2.2, 3.1, 3.2, 4.1, 4.2, 5.1, 7.1, 7.4, 8.1, 12.1, 12.2 and 12.3 of the Agreement on Safeguards; and

 

- Articles X:3, XIII, XIX:1(a) and XIX:2 of the GATT 1994.

 

On 24 August 2018, the United States requested the Chair of the DSB to circulate to Members a communication where it indicated that the United States accepted China's request to enter into consultations, without prejudice to the US view that China's letter of 14 August 2018 did not satisfy the requirements of Article 4 of the DSU.

 

On 24 August 2018, the European Union requested to join the consultations. On 27 August 2018, Thailand requested to join the consultations. On 22 October 2018, the United States informed the DSB that it had accepted both requests to join the consultations.

 

Panel and Appellate Body proceedings

 

On 11 July 2019, China requested the establishment of a Panel. At its meeting on 22 July 2019, the DSB deferred the establishment of a panel.

 

At its meeting on 15 August 2019, the DSB established a panel. Brazil, Canada, the European Union, India, Japan, Korea, Malaysia, the Philippines, the Russian Federation and Chinese Taipei reserved their third-party rights.

 

On 14 October 2019, China requested the Director-General to compose the panel. On 24 October 2019, the Director-General composed the panel.

 

On 24 April 2020, the Chair of the panel informed the DSB that, due to a delay in the beginning of the panel’s work resulting from the lack of available experienced lawyers in the Secretariat and delays caused by the global COVID-19 pandemic, the panel did not expect to issue its final report to the parties before the end of 2020. On 21 December 2020, the Chair of the panel informed the DSB that in light of further delays in the proceedings caused by the global COVID-19 pandemic, the panel expected to issue its final report to the parties around the middle of 2021. The Chair of the panel apprised the DSB that the report would be available to the public once it was circulated to the Members in all three official languages, and that the date of circulation depends on completion of translation.

 

On 2 September 2021, the panel report was circulated to Members.

 

On 16 September 2021, China notified the DSB of its decision to appeal to the Appellate Body certain issues of law and legal interpretations in the panel report.