China — Anti-Dumping and Countervailing Duty Measures on Wine from Australia

 

Short title:	China — AD/CVD on Wine (Australia)
Complainant:	Australia
Respondent:	China
Third Parties (original proceedings):	Brazil; Canada; European Union; India; Japan; Korea, Republic of; Mexico; New Zealand; Norway; Russian Federation; Singapore; Switzerland; Chinese Taipei; Turkey; Ukraine; United Kingdom; United States; Viet Nam
Agreements cited: (as cited in request for consultations)	Art. 1, 2.1, 2.2, 2.2.1, 2.2.1.1, 2.2.2, 2.3, 2.4, 2.4.2, 2.6, 3.1, 3.2, 3.4, 3.5, 4.1, 5, 5.1, 5.2, 5.2(i), 5.2(iv), 5.3, 5.4, 5.8, 6.1, 6.1.1, 6.1.2, 6.1.3, 6.2, 6.4, 6.5.1, 6.6, 6.8, 6.9, 6.10, 6.13, 7.1, 7.5, 9.1, 9.2, 9.3, 9.4, 12.1, 12.1.1, 12.2, 12.2.1, 12.2.2, 18.1, Annex II  Anti-dumping Art. VI, VI:2, VI:3, VI:5  GATT 1994 Art. 1.1, 1.2, 2.1, 2.2, 2.4, 10, 11, 11.1, 11.2, 11.2(i), 11.2(iv), 11.3, 11.4, 11.9, 12.1, 12.1.1, 12.1.2, 12.1.3, 12.2, 12.3, 12.4.1, 12.5, 12.7, 12.8, 12.11, 15.1, 15.2, 15.4, 15.5, 16.1, 17.1, 17.5, 19.4, 22.1, 22.2, 22.3, 22.4, 22.5, 32.1  Subsidies and Countervailing Measures (SCM)
Agreements cited: (as cited in panel request)	Art. 1, 2.1, 2.2, 2.2.1, 2.2.1.1, 2.2.2, 2.3, 2.4, 2.4.2, 3.1, 3.2, 3.4, 3.5, 4.1, 5.1, 5.2, 5.2(i), 5.2(iii), 5.2(iv), 5.3, 5.4, 5.8, 6.1, 6.1.1, 6.1.2, 6.1.3, 6.2, 6.4, 6.5, 6.5.1, 6.6, 6.8, 6.9, 6.10, 6.13, 9.1, 9.2, 9.3, 9.4, 12.1, 12.1.1(iii), 12.2, 12.2.2, 18.1, Annex II  Anti-dumping Art. VI, VI:2  GATT 1994
Consultations requested:	22 June 2021
Panel requested:	16 September 2021
Panel established:	26 October 2021
Panel composed:	4 March 2022

 

Summary of the dispute to date

 

The summary below was up-to-date at 11 November 2022 

 

Consultations

 

Complaint by Australia

 

On 22 June 2021, Australia requested consultations with China with respect to anti-dumping and countervailing measures on bottled wine in containers of 2 litres or less imported from Australia.

 

Australia claimed that these measures appear to be inconsistent with:

 

- Articles 1, 2.1, 2.2, 2.2.1, 2.2.1.1, 2.2.2, 2.3, 2.4, 2.4.2, 2.6, 3.1, 3.2, 3.4, 3.5, 4.1, 5.1, 5.2, 5.2(i), 5.2(iv), 5.3, 5.4, 5.8, 6.1, 6.1.1, 6.1.2, 6.1.3, 6.2, 6.4, 6.5.1, 6.6, 6.8, 6.9, 6.10, 6.13, 7.1, 7.5, 9.1, 9.2, 9.3, 9.4, 12.1, 12.1.1, 12.2, 12.2.1, 12.2.2 and 18.1 and Annex II of the Anti-Dumping Agreement;

 

Articles 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, 12.1.1, 12.1.2, 12.1.3, 12.2, 12.3, 12.4.1, 12.5, 12.7, 12.8, 12.11, 15.1, 15.2, 15.4, 15.5, 16.1, 17.1, 17.5, 19.4, 22.1, 22.2, 22.3, 22.4, 22.5 and 32.1 of the SCM Agreement; and

 

- Articles VI, VI:2, VI:3, VI:5 of the GATT 1994.

 

Panel and Appellate Body proceedings

 

On 16 September 2021, Australia requested the establishment of a panel. At its meeting on 27 September 2021, the DSB deferred the establishment of the Panel.

 

At its meeting on 26 October 2021, the DSB established a panel. Brazil, Canada, the European Union, India, Japan, Korea, Mexico, New Zealand, Norway, the Russian Federation, Singapore, Switzerland, Chinese Taipei, Turkey, Ukraine, the United Kingdom, the United States, and Viet Nam reserved their third-party rights.

 

On 16 December 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.

 

Following agreement of the parties, the panel was composed on 4 March 2022.

 

On 31 August 2022, the Chair of the panel informed the DSB that in view of the panel's acceptance of extensions requested by the parties to the timetable as originally proposed by the panel and the voluminous submissions from the parties, the panel did not expect to issue its final report to the parties before the end of 2022. The Chair 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 6 October 2022, the Chair of the panel informed the DSB that the panel did not expect to issue its final report to the parties before mid-2023.