WT/DS558/2  
 
19 October 2018  
(18-6597) Page: 1/2 
  Original: English  
 
 
CHINA  – ADDITIONAL DUTIES  ON CERTAIN PRODUCTS  FROM THE UNITED STA TES 
REQUEST FOR THE ESTA BLISHMENT OF A PANEL  BY THE UNITED STATE S 
The following communication, dated 18 October 2018 , from the delegation of the United States  to 
the Chairperson of the Dispute Settlement Body, is circulated pursuant to Article 6.2 of the DSU.  
 
_______________  
 
 
On July 16, 2018, the United States requested consultations with the Government of the People 's 
Republic of China ( "China ") pursuant to  Article 4 of the Understanding on Rules and Procedures 
Governing the Settlement of Disputes  ("DSU") and Article XXIII of the General Agreement on Tariffs 
and Trade 1994 ("GATT 1994 "), with respect to China 's imposition of additional duties on certain 
products originating in the United States ( "additional duties measure ").1  The United States held 
consultations with China on August 29, 2018.  Unfortunately, these consultations did not resolve the 
dispute.  
The additional duties meas ure applies only to products originating in the United States.  The 
additional duties measure does not apply to like products originating in the territory of any other 
WTO Member, and thus appears inconsistent with the most -favored nation obligation in Art icle I of 
the GATT 1994.  Moreover, the additional duties measure results in rates of duty greater than the 
rates of duty set out in China 's schedule of concessions, and thus appears inconsistent with Article  II 
of the GATT 1994.  
The legal instruments thro ugh which China imposes the additional duties measure include the 
following, operating separately or collectively:  
1. Ministry of Commerce Notice on Publicly Soliciting Opinions on U.S. Imported Steel 
and Aluminum Products 232 Measures and Chinese Countermeas ures (Ministry of 
Commerce, published March 23, 2018);  
2. State Council  Customs Tariff Commission Notice on Suspension of Tariff 
Concession Obligations on Some Imported Products Originating from the United 
States  (State Council Customs Tariff Commission, Shui  Wei Hui [2018] No. 13, 
issued April 1, 2018, effective April 2, 2018);  
as well as any amendments, replacements, related measures or implementing measures.  
The additional duties measure appears to be inconsistent with China 's obligations under:  
• Article I:1  of the GATT 1994 because it fails to extend to products of the United States an 
advantage, favor, privilege or immunity granted by China with respect to customs duties 
and charges of any kind imposed on or in connection with the importation of products 
originating in the territory of other Members;  
• Article II:1(a) of the GATT 1994 because it accords less favorable treatment to products 
originating in the United States than that provided for in China 's schedule; and  
                                                
1 WT/DS558/1.  WT/DS558/2  
 
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  • Article II:1(b) of the GATT 1994 because  it imposes duties or charges in excess of those 
set forth in China 's schedule.     
The additional duties measure appears to nullify or impair the benefits accruing to the United States 
directly or indirectly under the GATT 1994.  
Accordingly, the United St ates respectfully requests pursuant to Article 6 of the DSU that the Dispute 
Settlement Body establish a panel to examine this matter, with the standard terms of reference as 
set out in Article 7.1 of the DSU.  
 
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