WT/DS602/ R 
 
19 April 2024 
(24-3251) Page: 1/5 
  Original: English  
 
  
 
CHINA – ANTI -DUMPING AND COUNTERVAILING DUTY  
MEASURES ON WINE FROM AUSTRALIA  
 
REPORT OF THE PANEL  
 
 
 WT/DS602/ R 
 
- 2 - 
 
  TABLE OF CONTENTS  
 
1   COMPLAINT BY AUSTRALIA  ................................ ................................ .........................  3 
2   PANEL ESTABLISHMENT AND COMPOSITION  ................................ ..............................  3 
3   PANEL PROCEEDINGS  ................................ ................................ ................................ .. 3 
3.1   General  ................................ ................................ ................................ ......................  3 
3.2   Request for suspension under Article 12.12 of the DSU  ................................ ....................  5 
3.3   Notification of a mutually agreed solution  ................................ ................................ ....... 5 
 
  WT/DS602/ R 
 
- 3 - 
 
  1  COMPLAINT BY AUSTRALIA  
1.1.  On 22 June 2021, Australia  requested consultations with 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), Articles  17.2 and 
17.3 of the  Agreement  on Implementation of Article  VI of the General  Agreement  on Tariffs and 
Trade 1994 (Anti -Dumping  Agreement)  and Article  30 of the  Agreement  on Subsidies and 
Countervailing Measures (SCM  Agreement)  with respect to anti-dumpin g and countervailing 
measures on bottled wine in containers of 2 litres or less imported from Australia .1 
1.2.  Consultations were held on 9 August 2021  but did not resolv e the dispute .  
2  PANEL ESTABLISHMENT AND COMPOSITION  
2.1.  On 16 September 2021 , Australia  requested the establishment of a panel pursuant to 
Articles  4.7 and  6 of the DSU , Article  17.4 of the Anti -Dumping  Agreement , and Article  XXIII of 
the GATT  1994, with standard terms of reference.2 At its meeting on 26 October 2021 , the Dispute 
Settlement Body (DSB ) established a panel pursuant to the request of Australia  in document 
WT/DS 602/2 , in accordance with Article  6 of the DSU.3 
2.2.  The Panel 's terms of reference are the following:  
To examine, in the light of the relevant provisions of the co vered agreements cited by 
the parties to the dispute, the matter referred to the DSB by Australia  in document 
WT/DS 602/2  and to make such findings as will assist the DSB in making the 
recommendations or in giving the rulings provided for in those agreement s.4  
2.3.  Following the  agreement between the parties , the Panel was composed on 4 March 2022 as 
follows:  
Chairperson:  Mr Faizullah KHILJI  
 
Members:   Ms Elaine FELDMAN  
   Mr Marco Tulio MOLINA TEJEDA  
 
2.4.  Brazil, Canada, the European  Union , India, Japan, the Republic of Korea, Mexico, New Zealand, 
Norway, the Russian Federation, Singapore, Switzerland, Chinese Taipei, Türkiye , Ukraine, the 
United Kingdom, the United  States , and Viet Nam  notified their interest in participating in the Panel 
proceedings as third parties.  
3  PANEL PROCEEDINGS  
3.1  General  
3.1.  On 14 March 2022, b efore the Panel 's organizational meeting with the parties, the Panel 
proposed  a draft time table to the parties . That draft time table envisaged that Australia would submit 
its first written submission on 8 April 2022 , China would submit its first written submission on 
29 April 2022, third parties would submit their submissions on 13 May 2022 , and that the 
first substantive meeting of the Panel with the parties would take place on 12-14 July 2022 . In the 
context of  the organizational meeting with the Panel , which was held  on 21 March 2022 , both parties 
asked for extensions to the deadlines for submitting the ir respective first written submissions . 
Australia requested that the Panel add three weeks to the proposed deadlines for each of 
Australia 's and China 's first written submissions , and  indicated that the first substantive meeting 
could then take place from 1 Aug ust 2022 onwards. China did not object to Australia 's extension 
 
1 Request for consultations by Australia, WT/DS602/1 (Australia 's consultations request).  
2 Request for the establishment of a Panel by Australia, WT/DS602/2 (Australia 's panel request) . 
Following China 's decision not to impose definitive countervailing duties  on bottle d wine from Australia , 
Australia did not includ e in its panel request  matters related to China 's measures imposing provisional 
countervailing duties on bottled  wine from Australia. (Ibid. para. 3). 
3 DSB, Minutes of meeting held on 26 October 2021, WT/DSB/M/ 457, para. 4.4. 
4 Constitution note of the Panel, WT/D S602/4. WT/DS602/ R 
 
- 4 - 
 
  request but asked, in turn, to have eight weeks to prepare its first written submission, counting from 
the due date of  Australia 's first written submission . 
3.2.  On 30 March 2022, after consultation with the parties, the Panel adopted its Working 
Procedures and a timetable  granting the parties'  requests for extensions to file their first written 
submissions. Under this timetable, Australia's  first written submission was therefore due on 
29 April 2022, China's  first written submission was due on 24 June 2022, and the third -party 
submissions were due on 8 July 2022. The Panel subsequently revised its Working Procedures on 
19 April 2022, and its timetable  on 25 April, 5 May, 19 May, 21 Septem ber, and 6 October 2022, 
and 10 March and 26  June 2023.  
3.3.  On 22 April 2022 , China submitted to the Panel a request for a preliminary ruling  regarding the 
Panel 's terms of reference . On 25 April 2022, t he Panel  request ed Australia to provide its response 
to China's request for a preliminary ruling by 20 May 2022 . On 5 May 2022 the Panel invited 
third parties to submit their comments on China 's request  for a preliminary ruling , if any,  by 
30 May 2022.  On 13 May 2022, Australia requested three  additional weeks to submit its response 
to China 's request for a preliminary ruling . On 16 May 2022 China in turn  requested 20 additional 
days to file its first written submission.  After considering these additional extension requests by the 
parties, on 19  May 2022 the Panel extended by three working days the deadline s for 
Australia 's response to  China 's request for a preliminary ruling , for China 's first written submission , 
for third parties ' comments on the request for a preliminary ruling , and for third-party submissions.  
3.4.  As a result, o n 29 April 2022, Australia submitted its first written submission. On 25 May  2022, 
Australia submitted its response to  China 's request for a preliminary ruling.  On 2 June 2022 , Canada, 
the European  Union , Japan, and the United  States  submitted comments on China 's request for a 
preliminary ruling.  On 29 June 2022 , China submitted its first written submission.  On 13  July 2022, 
Brazil,  Canada,  the European  Union , Japan, New Zealand,  Chinese Taipei, the United Kingdom, and 
the United  States  submitted their third-party submissions.   
3.5.  The Panel held the first substantive meeting with the parties on 6  and 7 September 2022 and 
the third -party session on 7 September 2022.  At the parties ' request, t he meeting  was held in a 
hybrid format, allowing delegates of the parties and third parties to participate either in person or 
remotely.5 
3.6.  On 21 September 2022 , the Panel sent to the parties an updated timetable , requesting  
second  written submissions by 28 October 2022.  On 28 September 2022, Australia  asked the Panel 
to extend the deadline for second written submissions to 25 November 2022, and China asked the 
Panel to extend the same deadline to 28 November 2022.  On 6 October 2022,  the Panel granted the 
parties ' requests for extensions.  Therefore, the parties submitted their second written submissions  
on 28 November 2022 .  
3.7.  The written submissions of both parties were voluminous throughout the proceedings. For 
example, China's request for a preliminary ruling, Australia's  response to it , and the parties ' first and 
second written submissions totalled 2068 pages.6 
3.8.  The Panel he ld the second substantive meeting with the parties on 28 February 2023 . At the 
parties ' request, the second substantive meeting was also held in a hybrid format .7  
3.9.  On 21 April 2023 , the Panel issued the descriptive part of its Report to the parties. The Panel 
was originally scheduled to issue the Interim Report to the parties on 30  June 2023. However, the 
 
5 Panel communication to the parties and third parties (27 July 2022).  
6 This figure is the sum of the page length of the following submissions : China 's request for a 
preliminary ruling ( 49 pages); Australia 's response to China's preliminary ruling  request  (104 pages); 
Australia 's first written submission (394 pages); China 's first written submission (735 pages); 
Australia 's second written submission (366 pages); China 's second written submission (420 pages). This figure 
thus excludes the exhibits, the written v ersions of the parties ' oral statements, the parties ' written answers to 
questions from the Panel and the parties ' comments on each other 's answers, and all the submissions of the 
third parties.   
In concluding the first substantive meeting, the Panel reque sted the parties  to be as concise as possible  
in preparing their second written submissions . 
7 Panel communication to the parties (1  February  2023). WT/DS602/ R 
 
- 5 - 
 
  Panel required more time to finalize its findings . The Panel therefore issued its Interim Report to the 
parties on 28 July 2023. The Panel issued its  Final Report to the parties on 9  October  2023. 
3.2  Request for suspension under Article 12.12 of the DSU  
3.10.   The Panel's Final  Report was scheduled to be circulated on 10 November 2023. On 
30 October  2023, the parties jointly requested the Panel to suspend its work until 31 March 2024, 
pursuant to Article 12.12 of the DSU.  
3.11.   Article 12.12 of the DSU provides that the Panel may suspend its work at any time at the 
request of the complaining party for a period not exceeding 12 months.  
3.12.   In view of this, on 30 October 2023 the Panel grant ed the suspension requested by the parties, 
until 31 March 2024.  
3.13.   The Panel inform ed the DSB of this suspension in document WT/DS602/7 . 
3.3  Notification of a mutually agree d solution  
3.14.   By a letter dated 29 March 2024, the parties informed the Panel that they had reached a 
mutually agreed solution. A similar notification to the DSB was circulated as document WT/DS602/8  
on 3 April 2024 . 
3.15.   This Report is circulated pursuant to Article 12.7 of the DSU.  
 
__________