WT/DS610/5  
 
11 February 2022  
(22-1245) Page: 1/2 
  Original: English  
 
CHINA - MEASURES CONCERNING TRADE  IN GOODS AND SERVICES  
REQUEST TO JOIN CONSULTATIONS  
Communication from the United States  
The following communication, dated 10 February 2022, from the delegation of the United States  to 
the delegation of China, and the delegation of the European Union, is circulated to the Dispute 
Settlement Body in accordance with Article 4.11 of the DSU.  
 
_______________  
 
 
This concerns the request for consultations by the European Union ("EU") in China – Measures 
Concerning Trade in Goods and Services  (WT/DS610/1), as circulated on January 31, 2022.1 My 
authorities have instructed me to notify the consulting Members and the Dispute Settlement Body 
of the desire of the United States to be joined in these co nsultations, pursuant to Article 4.11 of the 
Understanding on Rules and Procedures Governing the Settlement of Disputes  (DSU).  
 
The United States has a substantial trade interest in these consultations.  According to the request 
for consultations, the "meas ures adopted by, and attributable to, China, affect[] the importation of 
goods from, and the exportation of goods to, the European Union ("EU") and affect[] trade in services 
between the EU and China."2 The request for consultations by the EU notes that s ince the final 
quarter of 2021, "importers of products originating in Lithuania and/or transiting through Lithuanian 
ports and/or with some other link to Lithuania began encountering restrictions on securing customs 
clearance for their goods to enter Chine se territory."3 The request states that these restrictions were 
"novel, numerous, recurrent, persisting and strongly correlated in temporal and substantive terms."4 
The request also notes that service restrictions or prohibitions have been placed on Lithuanian 
entities.5 
 
The United States is concerned with these measures, particularly given the significant trade 
relationship we share with the European Union, its member States, and the People 's Republic of 
China.  Lithuania as an EU member State is an  integral part of the EU single market, which is critical 
to EU -U.S. trade.  The measures described in the EU Request for Consultations appear to concern 
shipments transiting through ports within the European Union, EU goods that contain Lithuanian 
inputs, and Chinese customs clearance procedures of goods from the European Union.  Disruptions 
to these transit routes, EU goods, and customs clearance processes would undermine market -
oriented trade and supply chains.  Further, many exported goo ds of U.S. origin contain significant EU 
 
1 Communication from the European Union, "China – Measures Concerning Trade in Goods and Services : 
Request for Consultations by the European Union, " dated January 27, 2022 (WT/DS610/1, G/L/1426, 
G/TFA/D4/1, G/SPS/GEN/1988, S/L/435) (circulated January 31, 2022) ( "EU Request for Consultations ") 
(requesting consultations pursuant to Articles 1 and 4 of the Understanding on Rules and Procedures Governing  
the Settlement of Disputes  (DSU), in conjunction with Article XXII:1 of the General Agreement on Tariffs and 
Trade 1994  (GATT 1994), Article 24.8 of the Trade Facilitation Agreement  (TFA), Article 11 of the Agreement 
on the Application of Sanitary and Phy tosanitary Measures  (SPS Agreement) and Article XXII of the General 
Agreement on Trade in Services  (GATS).  
2 EU Request for Consultations, p. 1.  
3 EU Request for Consultations, p. 1.  
4 EU Request for Consultations, p. 1.  
5 EU Request for Consultations, p. 2. WT/DS610/5  
 
- 2 - 
 
  content.  The integrity of supply chains spanning the United States and the European Union directly 
impacts U.S. trade and the U.S. economy.  
 
The United States and the member States of the European Union share the la rgest economic 
relationship in the world.6 In 2021, the European Union was the United States ' second largest trading 
partner.7 U.S. goods exports to the European Union were $247.0 billion, and U.S. imports from 
European Union were $448.7 billion.  Further more, there is significant trade in goods between China 
and the United States.  In 2021, U.S. exports of goods to China were an estimated $137.7 billion, 
and U.S. imports were $456.8 billion.  The significant quantities of trade between and among the 
United States and these two WTO Members reflect significantly integrated supply chains that are 
undermined by the measures described in the EU Request for Consultations.  
 
The United States further considers that the timing and uncertain nature of the restrictions  and 
prohibitions described in the EU Request for Consultations are of significant concern given the 
substantial amount of trade in services and goods between China and the United States.  
 
For the above reasons, the United States considers it has a substan tial trade interest in these 
consultations and requests to be joined in them, pursuant to DSU Article 4.11.  
 
The United States is providing a copy of this letter directly to the Chairperson of the Dispute 
Settlement Body, with a request that it be circulat ed to all Members.  
 
 
__________  
 
6 United States Trade Representative, 2021 National Trade Estimate Report on Foreign Trade Barriers , 
at 177.  https://ustr.gov/sites/default/files/files/reports/2021/2021NTE.pdf .  
7 U.S. Census 2021, Trade Data Monitor .