WT/DS589/4  
 
18 June 2021  
(21-5074) Page: 1/6 
  Original: English  
 
CHINA – MEASURES CONCERNING THE IMPORTATION OF CANOLA SEED FROM CANADA  
REQUEST FOR THE ESTABLISHMENT OF A PANEL BY CANADA  
The following communication, dated 17 June 2021 , from the delegation of Canada to the Chairperson 
of the Dispute Settlement Body, is circulated pursuant to Article 6.2 of the DSU.  
 
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1. On 9 September 2019, the Government of Canada requested consultations with the 
Government of the People 's Republic of China ( "China ") pursuant to Articles 1 and 4  of the 
Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU), Article XXII:1 
of the General Agreement on Tariffs and Trade 1994  ("GATT 1994 "), Article 11.1 of the Agreement 
on the Application of Sanitary and Phytosanitary Measures  ("SPS Agreement "), and Article 24.8 of 
the Agreement on Trade Facilitation  ("TFA"), with respect to measures affecting the importation of 
canola seed1 from Canada.  
2. Canada held consultations with China on 28 October 2019 with a view to reaching a 
satisfactory resolution of the matter. Unfortunately, those consultations failed to settle the dispute.  
I. Background  
3. This Request relates to China 's suspension of canola seed imports from two Canadian 
companies and China 's application of enhanced inspections to canola seed imports from other 
Canadian companies.  
4. China suspended the importation of canola seed from two Canadian companies on 
1 March  2019 and 26 March 2019 respectively.  Other Canadian companies remain eligibl e to export 
canola seed to China but these imports are subject to enhanced inspections, including increased 
sampling. China cites detection of quarantine pests in canola seed shipments as the reason for its 
measures affecting the importation of Canadian ca nola seed.  
5. Canada has repeatedly attempted to obtain information from China regarding the scientific 
basis for its measures and on the process to restore full market access for Canadian canola seed. 
Canada has employed numerous and varied formal and infor mal mechanisms at its disposal to solicit 
this information.  To date, these efforts have failed to produce satisfactory results.  
6. For example, because China 's measures constrain Canadian exports of canola seed and the 
measures do not appear to be based on the relevant international standards, guidelines, or 
recommendations, Canada requested on 13 June 2019, pursuant to Article 5.8 of the 
SPS Agreement, that China provide an explanation of the reasons for its measures. China 's response 
of 12 July 2019 failed  to address the majority of questions posed by Canada.  
 
1 The term "seed" in this Request is a reference to seeds  intended for processing or consumption and 
not for planting.  WT/DS589/4  
 
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  II. Measures at Issue  
7. China 's measures to suspend imports of canola seed from two Canadian companies, and its 
measures applying enhanced inspections to Canadian canola seed imports are evidenced by, and/or 
are reflected in, inter alia , the following : 
a. Letter from the General Administr ation of Customs of the People 's Republic of China 
(GACC) to the Canadian Food Inspection Agency (CFIA) dated 1 March 2019 regarding 
the suspension of canola seed imports from Richardson International Limited;  
b. Warning Notice on Strengthening the Inspectio n and Quarantine on Imported Canadian 
Canola , General Administration of Customs, P.R. China (7 March 2019);  
c. Letter from GACC to CFIA dated 26 March 2019 regarding the suspension of canola seed 
imports from Viterra Inc.;  
d. Notice Concerning the Cancellation o f Rapeseed Registration by Viterra Inc. of Canada , 
General Administration of Customs, P.R. China (26 March, 2019);  
e. Notifications of Non -Compliance (NNC) issued by the GACC to the CFIA including NNCs 
numbered 2019G001 (dated 4 January 2019), 2019G002 (date d 4 January 2019), 
2019G003 (dated 4 January 2019), 2019G004 (dated 30 January 2019), 2019G005 
(dated 30 January 2019), 2019G006 (dated 30 January 2019), 2019G007 (dated 30 
January 2019), 2019G008 (dated 1 March 2019), 2019G009 (dated 1 March 2019), 
2019G0 20 (dated 26 March 2019), 2019G021 (dated 26 March 2019), and 2019G022 
(dated 26 March 2019); and  
f. Letter, including Annex 1, from the Permanent Representative of the People 's Republic 
of China to the WTO to the Permanent Representative of Canada to the WTO , dated 
12 July 2019.  
8. Canada understands that China 's suspension of imports of canola seed from two Canadian 
companies and the enhanced inspections of all imports of Canadian canola seed that are the subject 
of this Request implement and/or were adopted o n the basis of, inter alia , the following:2 
a. Administrative Measures for Inspection, Quarantine, and Supervision of Entry and Exit 
Grain , General Administration of Quality Supervision, Inspection and Quarantine of the 
People 's Republic of China, AQSIQ Decree No. 177 (Revised in November 2018);  
b. Law of the People 's Republic of China on the Entry and Exit Animal and Plant Quarantine , 
Standing Committee of the National People 's Congress, Order No.53 of the President of 
the People 's Republic of China (Revise d in August 2009);  
c. Regulations for the Implementation of the Law of the People 's Republic of China on the 
Entry and Exit Animal and Plant Quarantine , State Council, Decree of the State Council 
of the People 's Republic of China, No.206;   
d. Law of the People 's Republic of China on Entry and Exit Inspection Quarantine Early 
Warning and Rapid Response; Administrative Provisions on Risk Alert and Rapid 
Response to Entry -Exit Inspection and Quarantine; Administrative Rules on Warning and 
Immediate Reaction Regarding Risks and Inspection and Quarantine on Import and 
Export adopted September 2001(revised April 2018);    
e. Regulations on Plant Quarantine , State Council, Guofa [1983] 2 (Revised in October 
2017);  
f. Implementation Rules of Regulation on Plant Quarantin e (Agricultural Section), adopted 
on February 25, 1995, as Decree of the former Ministry of Agriculture, No. 5/1995; and 
last amended on July 1, 2004, as Decree of the former Ministry of Agriculture, No. 
34/2004;  
g. Administrative Measures on Review of Quaran tine Application for Inbound Animals and 
Plants , adopted August 2002 (Revised May 2018);  
 
2 Titles of these instruments may vary due to their translation into English.  WT/DS589/4  
 
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  h. P.R. China National Standard: Rapeseed , General Administration of Quality Supervision, 
Inspection and Quarantine of the People 's Republic of China and the Standardizat ion 
Administration of China (GB/T 11762 -2006);  
i. Provisions Concerning the Implementation of the National Standards for Grain and Oil 
Quality , National Development and Reform Commission, State Administration of Grain, 
Ministry of Finance, and General Admini stration of Quality Supervision, Inspection and 
Quarantine,  Guo Liang Fa No. 178 of 2010, November 9, 2010 ;  
j. Announcement No. 617/2006 of the former Ministry of Agriculture, for the Publication of 
the List of Harmful Substances in Quarantine Concerning Nat ionwide Agricultural Plants  
and the List of Plants and Plant Products Requiring Quarantine , adopted on March 2, 
2006 , and (2) MOA Notice No. 351 of 2020 (concerning amendments and publication of 
the List of Harmful Substances in Quarantine Concerning Nati onwide Agricultural Plants  
and the List of Plants and Plant Products Requiring Quarantine ), November 4, 2020;  
k. Catalogue of Harmful Organisms in Inbound Plants Quarantine,  published on November 
18, 2018;  
l. Announcement No. 617/2006 of the former Ministry of Agriculture for the Publication of 
the List of Harmful Substances in Quarantine Concerning Nationwide Agricultural Plants  
and the List of Plants and Plant Products Requiring Quarantine , adopted in March 2006 
(Revised  in November 2020);  
m. Notice o n the Implementation of Emergency Quarantine Measures for Imported 
Rapeseed , General Administration of Quality Supervision, Inspection and Quarantine of 
the People 's Republic of China, AQSIQ Decree No.2009 -101; 
n. Notice Concerning the Cancellation of Rapesee d Registration by Viterra Inc. of Canada , 
General Administration of Customs, P.R. China (26 March, 2019);  
o. Warning Notice on Strengthening the Inspection and Quarantine on Imported Canadian 
Canola , General Administration of Customs, P.R. China (7 March 2019 ); 
p. Letter from GACC to CFIA dated 4 January 2019 regarding detection of quarantine pests 
in shipments of canola seed from Richardson International Limited and Viterra Inc.;  
q. Letter from GACC to CFIA dated 30 January 2019 regarding detection of quarantine pe sts 
in shipments of canola seed from Richardson International Limited and Viterra Inc.;  
r. Notifications of Non -Compliance issued by the GACC to CFIA, as set out in paragraph 
7(e) of this Request;  
s. China 's International Plant Protection Convention  (IPPC) Pest  List and China 's pest list 
included as Annex 1 of the letter dated 12 July 2019 referred to in paragraph 7(f) of this 
Request, and all updates to that List;  
t. Catalogue of Commodities Subject to Inspection and Quarantine upon Import and Export 
by the Impor t and Export Inspection and Quarantine Authority (2018 -02-01); 
u. Law of the People 's Republic of China on Imported and Exported Commodities 
Inspection , Order of the President of the People 's Republic of China No.14, (Revised in 
April 2021);  
v. Regulations for the Implementation of the Law of the PRC on Import and Export 
Commodity Inspection , State Council, Decree 447 (Revised in March 2019);  
w. Measures for the Administration of the Inspection and Quarantine of Genetically Modified 
Products Entering and Exiting t he Territory , General Administration of Quality 
Supervision, Inspection and Quarantine of the People 's Republic of China, AQSIQ 
Decree  No.62 (Revised in November 2018);  
x. Administrative Regulations for the Safety of Genetically Modified Organisms in 
Agriculture , State Council, Decree No.304 of the State Council (Revised in October 
2017);  
y. Administrative Measures on Marking Requirement for Genetically Modified Organisms in 
Agriculture,  adopted by the Ministry of Agriculture on July 11, 2001 and last am ended 
on November 30, 2017;  WT/DS589/4  
 
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  z. Customs Law of the People 's Republic of China , Order of the President of the People 's 
Republic of China No.51 (Revised in April 2021);  
aa. Customs Import and Export Tariff  of the People 's Republic of China  (revised in December 
2020);  
bb. Chinese Customs Tariff – 1205.10 , General Administration of Customs;  
cc. Customs Inspection Regulations of the People 's Republic of China , State Council, Decree 
of the State Council No.209 (Revised in June 2016);  
dd. Law of the People 's Republic of China on Quality and Safety of Agricultural Products , 
Order No.49 of the President of the People 's Republic of China (Revised in December 
2018);  
ee. The Food Safety Law of the People 's Republic of China , Order of the President of the 
People 's Rep ublic of China No. 9, adopted February 2009 (Revised in April 2021);  
ff. Implementation Regulations for the Food Safety Law of the People 's Republic of China, 
adopted February 2016 (Revised in October 2019);  
gg. Administrative Measures of the People 's Republic of China on the Safety of Imported and 
Exported Foods, adopted September 2011 (revised November 2018); and  
hh. Frontier Health and Quarantine Law of the People 's Republic of China , Order No.46 of 
the President of the People 's Republic of China (Revi sed in April 2018).  
9. With respect to paragraphs 7 and 8, this Request covers any amendments, updates, 
replacements, renewals, extensions, implementing measures, exemptions, or other related 
measures or instruments.  
III. WTO Obligations at Issue  
10. China 's measures  relating to the importation of Canadian canola seed appear to be 
inconsistent with China 's obligations under the WTO Agreement.  
11. The measures suspending the importation of canola seed from two Canadian companies 
appear to be inconsistent with China 's oblig ations under:  
a. Article 2.2 of the SPS Agreement because the measures are not based on 
scientific principles, are not applied only to the extent necessary to protect plant 
life or health, and are maintained without sufficient scientific evidence;  
b. Article 5.7  of the SPS Agreement  because the measures are not adopted or 
maintained in a case where relevant scientific evidence is insufficient, not 
adopted provisionally, not based on available pertinent information, and have 
not been reviewed within a reasonable p eriod of time;  
c. Articles 5.1, and 5.2 of the SPS Agreement because the measures are not based 
on an assessment, as appropriate to the circumstances, of the risks to plant life 
or health, taking into account risk assessment techniques developed by the 
relevant international organizations;  
d. Article 2.3 of the SPS Agreement because the measures arbitrarily or 
unjustifiably discriminate between Members where identical or similar conditions 
prevail;  
e. Article 2.3 of the SPS Agreement because the measures are appl ied in a manner 
that constitutes a disguised restriction on international trade;  
f. Article 5.5 of the SPS Agreement because the measures entail arbitrary or 
unjustifiable distinctions in the levels of protection in different situations that 
result in discrim ination or a disguised restriction on international trade;  
g. Article 5.6 of the SPS Agreement because the measures are more trade -
restrictive than required to achieve China 's appropriate level of protection, 
taking into account technical and economic feasib ility; WT/DS589/4  
 
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  h. Article 3.1 of the SPS Agreement because the measures are not based on 
international standards, guidelines, or recommendations, in particular the 
International Standards for Phytosanitary Measures (ISPMs) under the IPPC;  
i. Article 3.3 of the SPS Agreement because there does not appear to be a scientific 
justification for departing from the relevant international standards, guidelines, 
or recommendations, nor do the measures at issue appear to be a consequence 
of the level of phytosanitary protecti on sought by China;  
j. Article I:1 of the GATT 1994 because China has failed to extend immediately 
and unconditionally to Canadian canola seed any advantage, favor, privilege, or 
immunity granted by China to like products originating in any other country  with 
respect to the rules and formalities in connection with the importation of canola 
seed;  
k. Article III:4 of the GATT 1994 because China has failed to accord no less 
favourable treatment to Canadian canola seed than that accorded to Chinese 
like products;  
l. Article X:3(a) of the GATT 1994 because China has failed to administer its laws, 
regulation s, decisions, and rulings in relation to the measures at issue in a 
uniform, impartial, and reasonable manner;  
m. Article XI:1 of the GATT 1994 because the measures operate as a prohibition on 
the importation of canola seed into China;  
n. Article 5.1 of the TFA  because the notifications or guidance issued by China to 
its concerned authorities for enhancing the level of controls or inspections at the 
border in respect of foods, or feedstuffs covered under the notification or 
guidance for protecting plant life or health within its territory, are not based on 
risk and have not been properly terminated or suspended;  
o. Article 7.4.2 of the TFA because China has failed to design and apply risk 
management in a manner so as to avoid arbitrary or unjustifiable discriminati on, 
or a disguised restriction on international trade; and  
p. Article 7.4.4 of the TFA because China has failed to base risk management on 
an assessment of risk through appropriate selectivity criteria.  
12. The measures applying enhanced inspections on all impor ts of Canadian canola seed appear 
to be inconsistent with China 's obligations under:  
a. Article 2.2 of the SPS Agreement because the measures are not based on 
scientific principles, are not applied only to the extent necessary to protect plant life or 
health,  and are maintained without sufficient scientific evidence;  
b. Article 5.7 of the SPS Agreement  because the measures are not adopted or 
maintained in a case where relevant scientific evidence is insufficient, not adopted 
provisionally, not based on available pertinent information, and not been reviewed within 
a reasonable period of time;  
c. Articles 5.1, and 5.2 of the SPS Agreement because the measures are not based 
on an assessment, as appropriate to the circumstances, of the risks to plant life or 
health, tak ing into account risk assessment techniques developed by the relevant 
international organizations;  
d. Article 2.3 of the SPS Agreement because the measures arbitrarily or unjustifiably 
discriminate between Members where identical or similar conditions prevai l;  
e. Article 2.3 of the SPS Agreement because the measures are applied in a manner 
that constitutes a disguised restriction on international trade;  
f. Article 5.5 of the SPS Agreement because the measures entail arbitrary or 
unjustifiable distinctions in the l evels of protection in different situations that result in 
discrimination or a disguised restriction on international trade;  WT/DS589/4  
 
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  g. Article 5.6 of the SPS Agreement because the measures are more trade -restrictive 
than required to achieve China 's appropriate leve l of protection, taking into account 
technical and economic feasibility;  
h. Article 3.1 of the SPS Agreement because the measures are not based on 
international standards, guidelines, or recommendations, in particular the ISPMs under 
the IPPC;  
i. Article 3.3 of the SPS Agreement because there does not appear to be a scientific 
justification for departing from the relevant international standards, guidelines, or 
recommendations, nor would the measures at issue appear to be a consequence of the 
level of phytosan itary protection sought by China;  
j. Article 8 and paragraphs 1(a), 1(b), 1(c), 1(e) and 1(g) of Annex C to the 
SPS Agreement  because the relevant procedures have not been undertaken and 
completed in no less favorable manner for Canadian canola seed than for like domestic 
products; the results of the procedure have not been transmitted in a precise and 
complete manner; the information requirements for control, inspection and approval 
procedures are not limited to what is necessary; the requirements for control , inspection 
and approval of individual specimens are not limited to what is reasonable and 
necessary; and, the criteria used in the siting of facilities are not the same and do not 
minimize the inconvenience to applicants, importers, exporters or their ag ents; 
k. Article I:1 of the GATT 1994 because China has failed to extend immediately and 
unconditionally to Canadian canola seed any advantage, favor, privilege, or immunity 
granted by China to like products originating in any other country  with respect to th e 
rules and formalities in connection with importation of canola seed;  
l. Article III:4 of the GATT 1994 because China has failed to accord no less 
favourable treatment to Canadian canola seed than that accorded to Chinese like 
products;  
m. Article X:3(a) of t he GATT 1994 because China has failed to administer its laws, 
regulations, decisions, and rulings in relation to the measures at issue in a uniform, 
impartial, and reasonable manner;  
n. Article XI:1 of the GATT 1994 because the measures operate as a restrict ion on 
the importation of canola seed into China;  
o. Article 5.1 of the TFA because the notifications or guidance issued by China to its 
concerned authorities for enhancing the level of controls or inspections at the border in 
respect of foods, or feedstuffs covered under the notification or guidance for protecting 
plant life or health within its territory, are not based on risk and have not been properly 
terminated or suspended;  
p. Article 7.4.2 of the TFA because China has failed to design and apply risk 
manag ement in a manner so as to avoid arbitrary or unjustifiable discrimination, or a 
disguised restriction on international trade; and  
q. Article 7.4.4 of the TFA because China has failed to base risk management on an 
assessment of risk through appropriate selectivity criteria.  
13. The violations described in paragraphs 11 and 12 of this Request appear to nullify or impair 
the benefits accruing to Canada under the SPS Agreement, the GATT 1994, an d the TFA. Moreover, 
the measures appear to nullify and impair the benefits accruing to Canada in the sense of 
Article  XXIII:1 of the GATT 1994.  
14. Canada therefore requests that the Dispute Settlement Body establish a panel pursuant to 
Articles 4.7 and 6 of the DSU, Article XXIII of the GATT 1994, Article 11.1 of the SPS Agreement, 
and Article 24.8 of the TFA to examine this matter, with standard terms of reference as set out in 
Article 7.1 of the DSU.  
15. Canada also asks that this Request be placed on the agend a of the next meeting of the Dispute 
Settlement Body scheduled to be held on 28 June 2021.  
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