中国原材料案DS394.doc

DISPUTE SETTLEMENT: DISPUTE DS394 China — Measures Related to the Exportation of Various Raw Materials Current status? back?to?top Report(s) adopted, with recommendation to bring measure(s) into conformity on 22?February?2012 Key facts? back?to?top Short title: China — Raw Materials Complainant: United States Respondent: China Third Parties: Argentina; Brazil; Canada; Chile; Colombia; Ecuador; European Union; India; Japan; Korea, Republic of; Mexico; Norway; Chinese Taipei; Turkey; Saudi Arabia, Kingdom of Agreements cited:(as cited in request for consultations) Protocol of Accession: Part I, para. 1.2, Part I, para. 5.1, Part I, para. 5.2, Part I, para. 8.2, Part I, para. 11.3, GATT 1994: Art. VIII, VIII:1, VIII:4, X, X:1, X:3, XI, XI:1 Request for Consultations received: 23?June?2009 Panel Report circulated: 5?July?2011 Appellate Body Report circulated: 30?January?2012 ?? Summary of the dispute to date? back?to?top The summary below was up-to-date at 30?January?2012 Consultations Complaint by the United States.? (See also DS395 and DS398) On 23 June 2009, the United States requested consultations with China with respect to Chinas restraints on the export from China of various forms of raw materials.? The United States cites 32 measures through which China allegedly imposes restraints on the exports in question and note that there appear to be additional unpublished restrictive measures. The United States considers that China, through these measures as well as any amendments, replacements, related measures, and implementing measures, is in violation of: Articles VIII, X, and XI of the GATT 1994; and ?? Paragraphs 5.1, 5.2, 8.2, and 11.3 of Part I of the Protocol on the Accession of the Peoples Republic of China (“Accession Protocol”), as well as Chinas obligations under the provisions of paragraph 1.2 of Part I of the Accession Protocol (which incorporates commitments in paragraphs 83, 84, 162, and 165 of the Report of the Working Party on th