China’s export restrictions of raw materials

DSB establishes panel to examine China’s export restrictions of raw materials

At its meeting on 21 December 2009, the Dispute Settlement Body (DSB) established a single panel to examine complaints by the US, EU and Mexico concerning China’s export restrictions of raw materials.

The DSB established a single panel at the 2nd-time requests of the US (WT/DS394/7), the EU (WT/DS395/7) and Mexico (WT/DS398/6). The requests were considered for the 1st time at the DSB meeting on 19 November when they were blocked by China. (see summary of meeting)

The following countries reserved their 3rd-party rights: Argentina, Brazil, Canada, Chile, Colombia, Ecuador, EU, India, Japan, Korea, Mexico, Norway, Chinese Taipei, Turkey and the US.

DS399: United States — Measures Affecting Imports of Certain Passenger Vehicle and Light Truck Tyres from China.
Request for a panel by China.

China introduced its request for a panel (WT/DS399/2) by recalling that on 11 September 2009, the US had announced the imposition of product specific safeguard measures on imports of certain passenger vehicle and light truck tyres from China. These restrictions impaired China's interests and breached US obligations under the WTO. Despite having held consultations with the US, the dispute remained unresolved. The US said that its measure was consistent with its WTO obligations and with the product-specific safeguard mechanism provided for in section 16 of China's Protocol of Accession. The US said that it was not in a position to agree to the establishment of a panel at today's meeting.

DS396: Philippines — Taxes on Distilled Spirits.
Request for a panel by the EU.

The EU introduced its request for a panel (WT/DS396/4) by stating that the spirits imported into the Philippines were subject to an excise tax of 10 to 50 times higher than the tax imposed on domestic spirits, thereby preventing EU spirits producers from benefiting in the Philippine market. Despite the usefulness of the consultations in clarifying the Philippine measures and their application, they could not resolve the dispute hence the EU's request for panel establishment. The Philippines regretted the EU's decision to request a panel and hoped that the matter could still be resolved. The Philippines could not agree to the establishment of a panel. The US said that it had interest in the case and had thus closely followed and taken part in the consultations.

ENDS

© Scoop Media