WT/DS589/1, G/L/1324  
G/SPS/GEN/1727, G/TFA/D2/1  
 
12 September 2019  
(19-5878) Page: 1/7 
  Original: English  
 
CHINA – MEASURES CONCERNING THE IMPORTATION OF C ANOLA SEED FROM CANA DA 
REQUEST FOR CONSULTA TIONS BY CANADA  
The following communication, dated  9 September 2019,  from the delegation of Canada  to the 
delegation of China , is circulated to the Dispute Settlement Body in accordance with Article 4.4 of 
the DSU.  
 
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The Government of Canada hereby requests 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 , 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") concerning measures affecting the importation of canola seed1 from Canada.  
 
I. Background  
1. This request relates to China 's suspension of canola seed imports from two Canadian c ompanies 
and China 's application of enhanced inspections to canola seed imports from other Canadian 
companies.  
2. China suspended the importation of canola seed from two Canadian companies on 1 March, 2019 
and 26 March, 2019, respectively.  Other Canadian com panies remain eligible to export canola 
seed to China but these imports are subject to enhanced inspections, including increased testing.  
China cites detection of quarantine pests in canola seed shipments as the reason for its measures 
affecting the impor tation of Canadian canola seed.  
3. 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 va ried formal and informal mechanisms at its disposal to 
solicit this information.  To date, these efforts have failed to produce satisfactory results.  
4. For example, because Canada believes that China 's measures constrain Canadian exports of 
canola seed and t hat 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 fails to address the majority of questions posed by 
Canada in its request, including inter alia  an explanation of the nature and scope of the enhanced 
inspections that are being conducted on all imports of Canadia n canola seed.  
                                                
1 'The term 'seed' in this Request for Consultations is a reference to seeds  intended for processing or 
consumption and not for planting.  WT/DS589/1 • G/L/1324 • G/SPS/GEN/1727 • G/TFA/D2/1  
 
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  II. Measures  at Issue  
5. 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 ,: 
a. Letter f rom the General Administration 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 St rengthening the Inspection 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 of 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 (da ted 4 January 2019), 2019G002 (dated 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), 20 19G009 (dated 1 March 2019), 2019G020 
(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.  
6. 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 Reque st for Consultations implement and/or were adopted on the basis of, inter 
alia, the following:  
a.  Administrative Measures for Inspection, Quarantine, and Supervision of Entry and Exit 
Grain , General Administration of Quality Supervision, Inspection and Quara ntine 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 Pres ident of 
the People 's Republic of China (Revised 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. Measures for the Administration of the Inspection and Quarantine of Genetically Modified 
Products Entering and Exiting the Territory , General Administration of Quality Supervision, 
Inspection and Quarantine of the People 's Republ ic of China, AQSIQ Decree No.62 (Revised 
in November 2018);  
e. 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 December 
2018);  
f. Regulations for the Implementation of the Law of the PRC on Import and Export 
Commodity Inspection , State Council, Decree 447 (Revised in March 2019);  WT/DS589/1 • G/L/1324 • G/SPS/GEN/1727 • G/TFA/D2/1  
 
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  g. Food Safety Law of the People 's Republic of China , Order of the President of the People 's 
Republic of Chi na, No.9(Revised in December 2018);  
h. 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 (Revised in April 2018);  
i. Provisions on the Jurisdictions, Department and Staffing of th e State Administration for 
Market Regulation ; 
j.  Measures for the Supervision and Administration of Import and Export Food Safety , 
Decree of the State Administration of Quality Supervision, Inspection and Quarantine, 
No.144 (Revised in November 2018);  
k. Implem entation Regulations for the Food Safety Law of the People 's Republic of China , 
State Council of the People 's Republic of China Order No.557 (Revised in February 2016);  
l. Administrative Regulations for the Safety of Genetically Modified Organisms in Agricult ure, 
State Council, Decree No.304 of the State Council (Revised in October 2017);  
m. Special Rules of the State Council on Strengthening Supervision and Administration of the 
Safety of Food and Other Products , State Council, Decree of the State Council No.503 ; 
n. 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);  
o. 13th Five Year Plan of National Food Safety , State Council, Guofa [2017] 12;  
p. Regulations on Plan Quarantine , State Council, Guofa [1983] 2 (Revised in October 2017);  
q. Customs Law of the People 's Republic of China , Order of the President of the People 's 
Republic of China No.51 (Revised in November 2017);  
r. Customs Inspection  Regulatio ns of the People 's Republic of China , State Council, Decree 
of the State Council No.209 (Revised in June 2016);  
s. P.R. China National Standard: Rapeseed , General Administration of Quality Supervision, 
Inspection and Quarantine of the People 's Republic of Chi na and the Standardization 
Administration of China (GB/T 11762 -2006);  
t. Notice on 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; 
u. Notice Concerning the Cancellation of Rapeseed Registration by Viterra Inc. of Canada , 
General Administration of Customs, P.R. China (26 March, 2019);  
v. Warning Notice on Strengthening the Inspection and Quarantine on Importe d Canadian 
Canola , General Administration of Customs, P.R. China (7 March 2019);  
w. Provisions Concerning the Implementation of the National Standards for Grain and Oil 
Quality , State Development and Reform Commission, State Grain Commission, Ministry of 
Finance, and General Administration of Quality Supervision, Inspection and Quarantine of 
the People 's Republic of China;  
x. Chinese Customs Tariff – 1205.10 , General Administration of Customs;  
y. 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.;  WT/DS589/1 • G/L/1324 • G/SPS/GEN/1727 • G/TFA/D2/1  
 
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  z. Letter from GACC to CFIA dated 30 January 2019 regarding detection of quarantine pests 
in shipments of canola seed from Richardson International Limited  and Viterra Inc.;  
aa. Notifications of Non -Compliance issued by the GACC to CFIA, as set out in paragraph 5(e) 
of Section II of this Request; and  
bb. China 's International Plant Protection Convention  (IPPC) Pest List and China 's pest list 
included as Annex 1 of t he letter dated 12 July 2019 referred to in paragraph 5(f) above.  
7. With respect to paragraphs 5 and 6, this Request covers any amendments, replacements, 
renewals, extensions, implementing measures, exemptions, or other related measures or 
instruments.  
III. WTO Obligations  at Issue  
8. China 's measures relating to the importation of Canadian canola seed appear to be inconsistent 
with China 's obligations under the WTO Agreement.  In particular:  
a. The measures suspending the importation of canola seed from two Canadian companies 
appear to be inconsistent with China 's obligations under:  
i. 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 maintain ed without sufficient scientific evidence;  
ii. 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 techni ques developed by the relevant international 
organizations;  
iii. 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 reviewed within a reasonable 
period of time;  
iv. Article 2.3 of the SPS Agreement because the measures arbitrarily or unjustifiably 
discriminate between Members where identical or similar conditions prevail;  
v. Article 2.3 of the S PS Agreement because the measures are applied in a manner that 
constitutes a disguised restriction on international trade;  
vi. Article 5.5 of the SPS Agreement because the measures entail arbitrary or unjustifiable 
distinctions in the levels of protection in d ifferent situations that result in discrimination 
or a disguised restriction on international trade;  
vii. 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 i nto account 
technical and economic feasibility;  
viii. Article 5.4 of the SPS Agreement because China has not taken into account the 
objective of minimizing negative trade effects when determining the appropriate level 
of protection;  
ix. Article  3.1 of the SPS Agree ment because the measures are not based on international 
standards, guidelines, or recommendations, in particular the International Standards 
for Phytosanitary Measures (ISPMs) under the IPPC;  
x. Article 3.3 of the SPS Agreement as 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 phytosanitary protection sought by China;  WT/DS589/1 • G/L/1324 • G/SPS/GEN/1727 • G/TFA/D2/1  
 
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  xi. Article 7 and paragrap hs 1, 2, 5, and 6 of Annex B to the SPS Agreement because 
China has failed to publish or notify its measures; in particular, China has failed to 
provide sufficient information to allow Canada to know the specific principles and 
methods that apply to the pr oducts at issue;  
xii. 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 pro ducts; 
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 agents;  
xiii. Article I: 1 of the GATT 1994 because China has failed to extend immediately and 
unconditionally to Canada any advantage, favor, privilege, or immunity granted by 
China with respect to the rules and formalities in connection with the importation of 
canola seed;  
xiv. 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;  
xv. Article X:3(a) of the 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;  
xvi. Article XI:1 of the GATT 1994 because the measures operate as a prohibition on the 
importation of canola seed into China;  
xvii.  Article 1.1 o f the TFA because China has failed to promptly publish information 
on the measures in a non -discriminatory and easily accessible manner in order to 
enable Canada and traders to become acquainted with them;  
xviii.  Article  5.1 of the TFA because the notifications o r 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;  
xix. Article 7.4.2 of the TFA because China has failed to design and apply risk management 
in a manner as to avoid arbitrary or unjustifiable discrimination, or a disguised 
restriction o n international trade; and  
xx. Article 7.4.4 of the TFA because China has failed to base risk management on an 
assessment of risk through appropriate selectivity criteria.  
b. The measures applying enhanced inspections on all imports of Canadian canola seed 
appear  to be inconsistent with China 's obligations under:  
i. 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 suffi cient scientific evidence;  
ii. 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 b y the relevant international 
organizations;  
iii. 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, WT/DS589/1 • G/L/1324 • G/SPS/GEN/1727 • G/TFA/D2/1  
 
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  not based on available pertinent inform ation, and not reviewed within a reasonable 
period of time;  
iv. Article 2.3 of the SPS Agreement because the measures arbitrarily or unjustifiably 
discriminate between Members where identical or similar conditions prevail;  
v. Article 2.3 of the SPS Agreement beca use the measures are applied in a manner that 
constitutes a disguised restriction on international trade;  
vi. Article 5.5 of the SPS Agreement because the measures entail arbitrary or unjustifiable 
distinctions in the levels of protection in different situatio ns that result in discrimination 
or a disguised restriction on international trade;  
vii. 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 
techn ical and economic feasibility;  
viii. Article 5.4 of the SPS Agreement because China has not taken into account the 
objective of minimizing negative trade effects when determining the appropriate level 
of protection;  
ix. 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;  
x. Article 3.3 of the SPS Agreement as there does not appear to be a scientific jus tification 
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 phytosanitary protection sought by China;  
xi. Article 7 and paragraphs 1, 2, 5, and 6  of Annex B to the SPS Agreement because 
China has failed to publish or notify its measures; in particular, China has failed to 
provide sufficient information to allow Canada to know the specific principles and 
methods that apply to the products at issue;  
xii. 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 result s 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 indi vidual 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 agents;  
xiii. Article I:1 of the GATT 199 4 because China has failed to extend immediately and 
unconditionally to Canada any advantage, favor, privilege, or immunity granted by 
China with respect to the rules and formalities in connection with importation of canola 
seed;  
xiv. 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;  
xv. Article X:3(a) of the GATT 1994 as China has failed to administer its laws, regulations, 
decisions, and rulings in r elation to the measures at issue in a uniform, impartial, and 
reasonable manner;  
xvi. Article XI:1 of the GATT 1994 as the measures operate as a restriction on the 
importation of canola seed into China;  WT/DS589/1 • G/L/1324 • G/SPS/GEN/1727 • G/TFA/D2/1  
 
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  xvii.  Article 1.1 of the TFA because China has failed to promptl y publish information 
on the measures in a non -discriminatory and easily accessible manner in order to 
enable Canada and traders to become acquainted with them;  
xviii.  Article 5.1 of the TFA as the notifications or guidance issued by China to its 
concerned author ities 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;  
xix. Article 7.4.2 of the TFA because China has failed to design and apply risk management 
in a manner as to avoid arbitrary or unjustifiable discrimination, or a disguised 
restriction on international trade; and  
xx. Article 7.4.4 of the TFA because China has failed to base risk management on an 
assessment of risk through appropriate selectivity criteria.  
c. China 's measures regulating the importation of canola seed to protect against the risk of 
entry, establishment, or spread of pests including inter alia   Amaranthus palmeri  and 
Amaranthus tuberculatus  appear to be inconsistent with China 's obligations under:  
i. Paragraphs 1, 2, 5, and 6 of Annex B to the SPS Agreement because China has failed 
to publish or notify these mea sures.  
9. Further, the violations described in paragraph 8 of Section III of this Request appear to nullify 
or impair the benefits accruing to Canada under the SPS Agreement, the GATT 1994, and the 
TFA.  Moreover, the measures appear to nullify and impair the  benefits accruing to Canada in 
the sense of Article XXIII:1(b) of the GATT 1994.  
10. Canada reserves the right to address additional measures, and factual and legal claims in the 
course of consultations, and in any future request for panel proceedings.  
IV. Consul tations  
11. Canada looks forward to receiving China 's reply to this request and to determining a mutually 
convenient date and place for consultations.  
 
 
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