China - Anti-Dumping and Countervailing Duties on Certain Automobiles from the United States (WT/DS440): Report of the Panel

Summary

INTRODUCTION

Complaint by the United States

On 5 July 2012, the United States requested consultations with China pursuant to Articles 1 and 4 of the Understanding on Rules and Procedures Governing the Settlement of Disputes (“DSU”), Article XXIII:1 of the General Agreement on Tariffs and Trade 1994 (“GATT 1994”), Article 30 of the Agreement on Subsidies and Countervailing Measures (“SCM Agreement”) (to the extent that Article 30 incorporates Article XXIII of the GATT 1994), and Article 17.3 of the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 (“Anti-Dumping Agreement”) with respect to the measure.es and claims set out below.

Consultations were held on 23 August 2012. No mutually agreed solution was reached.

Panel Establishment and Composition

On 17 September 2012, the United States requested the establishment of a panel pursuant to Article 6 of the DSU with standard terms of reference. At its meeting on 23 October 2012, the Dispute Settlement Body (“DSB”) established a panel pursuant to the request of the United States in document WT/DS440/2, in accordance with Article 6 of the DSU.

The Panel's terms of reference are the following:

[t]o examine, in the light of the relevant provisions of the covered agreements cited by the parties to the dispute, the matter referred to the DSB by the United States in document WT/DS440/2 and to make such findings as will assist the DSB in making the recommendations or in giving the rulings provided for in those agreements.

On 1 February 2013, the United States requested the Director-General to determine the composition of the Panel, pursuant to Article 8.7 of the DSU. On 11 February 2013, the Director-General accordingly composed the Panel as follows:

Chairperson: Mr Pierre Pettigrew

Members: Ms Andrea Marie Brown

Ms Enie Neri De Ross

Colombia, the European Union (“EU”), India, Japan, Korea, Oman, the Kingdom of Saudi Arabia (“Saudi Arabia”), and Turkey notified their interest in participating in the Panel proceedings as third parties.

Panel Proceedings

General

After consultation with the parties, the Panel adopted its working procedures on 28 February 2013 (amended on 16 April 2013) and timetable on 28 February 2013 (finalized on 10 March 2014).