Dispute Settlement DS598: China — Anti-dumping and countervailing duty measures on barley from Australia

16/12/2020 11:42 - 19 Views

China — Anti-dumping and countervailing duty measures on barley from Australia

 

Short title:

China — AD/CVD on Barley (Australia)

Complainant:

Australia

Respondent:

China

Third Parties (original proceedings):

Brazil; Canada; European Union; India; Japan; Mexico; New Zealand; Norway; Russian Federation; Singapore; Ukraine; United Kingdom; United States

Agreements cited:
(as cited in request for consultations)

Art. 1, 1.1, 1.2, 2.1, 2.2, 2.3, 2.4, 2.4.2, 2.6, 3.1, 3.2, 3.4, 3.5, 3.6, 4.1, 5.1, 5.2, 5.2(i), 5.2(iv), 5.3, 5.4, 5.8, 6.1, 6.2, 6.4, 6.5.1, 6.6, 6.8, 6.9, 6.10, 6.13, 9.1, 9.2, 9.3, 12.2, 12.2.2, 19.4, Annex II  Anti-dumping

Art. VI, VI:2, VI:3  GATT 1994

Art. 6, 10, 11.1, 11.2, 11.2(i), 11.2(iv), 11.3, 11.4, 11.9, 12.1, 12.2, 12.3, 12.4.1, 12.5, 12.7, 12.8, 12.11, 15.1, 15.2, 15.4, 15.5, 15.6, 16.1, 22.3, 22.5, 32.1  Subsidies and Countervailing Measures (SCM)

Agreements cited:
(as cited in panel request)

Art. 1, 2.1, 2.2, 2.3, 2.4, 2.4.2, 2.6, 3.1, 3.2, 3.4, 3.5, 3.6, 4.1, 5.1, 5.2, 5.2(i), 5.2(iv), 5.3, 5.4, 5.8, 6.1, 6.2, 6.4, 6.5.1, 6.6, 6.8, 6.9, 6.10, 9.1, 9.2, 9.3, 12.2, 12.2.2, Annex II  Anti-dumping

Art. VI, VI:2(a), VI:3  GATT 1994

Art. 1.1, 1.2, 2.1, 2.2, 2.4, 10, 11.1, 11.2, 11.2(i), 11.2(iv), 11.3, 11.4, 11.9, 12.1, 12.3, 12.4.1, 12.5, 12.7, 12.8, 15.1, 15.2, 15.4, 15.5, 15.6, 16.1, 19.4, 22.3, 22.5, 32.1  Subsidies and Countervailing Measures (SCM)

Consultations requested:

16 December 2020

Panel requested:

15 March 2021

Panel established:

28 May 2021

Panel composed:

3 September 2021

 

Summary of the dispute to date

 

The summary below was up-to-date at 7 February 2023 

 

Consultations

 

Complaint by Australia

 

On 16 December 2020, Australia requested consultations with China regarding certain measures imposing anti-dumping duties and countervailing duties on barley imported from Australia.

 

Australia claimed that the measures appear to be inconsistent with:

 

- Articles 1, 2.1, 2.2, 2.3, 2.4, 2.4.2, 2.6, 3.1, 3.2, 3.4, 3.5, 3.6, 4.1, 5.1, 5.2, 5.2(i), 5.2(iv), 5.3, 5.4, 5.8, 6.1, 6.2, 6.4, 6.5.1, 6.6, 6.8, 6.9, 6.10, 6.13, 9.1, 9.2, 9.3, 12.2 and 12.2.2 and Annex II of the Anti-Dumping Agreement;

 

- Articles 1.1, 1.2, 2.1, 2.2, 2.4, 6, 10, 11.1, 11.2, 11.2(i), 11.2(iv), 11.3, 11.4, 11.9, 12.1, 12.2, 12.3, 12.4.1, 12.5, 12.7, 12.8, 12.11, 15.1, footnote 46, 15.2, 15.4, 15.5, 15.6, 16.1, 19.4, 22.3, 22.5 and 32.1 of the SCM Agreement; and

 

- Articles VI, VI:2 and VI:3 of the GATT 1994.

 

On 30 December 2020, the Russian Federation requested to join the consultations. On 4 January 2021, Canada requested to join the consultations.

 

Panel and Appellate Body proceedings

 

On 15 March 2021, Australia requested the establishment of a panel. At its meeting on 28 April 2021, the DSB deferred the establishment of a panel.

 

At its meeting on 28 May 2021, the DSB established a panel. Brazil, Canada, the European Union, India, Japan, Mexico, New Zealand, Norway, the Russian Federation, Singapore, Ukraine, the United Kingdom, and the United States reserved their third-party rights.

 

On 27 July 2021, Australia and China informed the DSB that they had agreed to Procedures for Arbitration under Article 25 of the DSU in this dispute. Such procedures were entered into by Australia and China to give effect to the communication JOB/DSB/1/Add.12 (“Multi-Party Interim Appeal Arbitration Arrangement Pursuant To Article 25 Of The DSU (MPIA)”) and with the objective of setting a framework for an Arbitrator to decide on any appeal of any final panel report issued in this dispute, if the Appellate Body is not able to hear such an appeal under Articles 16.4 and 17 of the DSU.

 

On 25 August 2021, Australia requested the Director-General to compose the panel. On 3 September 2021, the Director-General composed the panel.

 

On 7 March 2022, the Chair of the panel informed the DSB that due to the complexity of the dispute and the large number of claims involved, the panel expected to issue its final report to the parties by the end of 2022. 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 1 December 2022, the Chair of the panel informed the DSB that due to the complexity of the dispute and the large number of claims involved, the panel expected to issue its final report to the parties in the first quarter of 2023.

Quảng cáo sản phẩm