WT/DS543/1  
G/L/1219  
 
5 April 2018  
(18-2080) Page: 1/2 
  Original: English  
 
UNITED STATES – TARIFF MEASURES ON C ERTAIN GOODS FROM CH INA 
REQUEST FOR CONSULTA TIONS BY CHINA  
The following communication, dated 4 April 2018 , from the delegation of China  to the delegation of 
the United States  and to the Chairperson of the Dispute Settlement Body, is circulated in 
accordance with Article  4.4 of the DSU.  
 
_______________  
 
 
My authorities have instructed me to request consultations with the Government of the United 
States pursuant to Article 4 of  the Understanding on Rules and Procedures Governing the 
Settlement of Disputes (DSU), Article XXII I of the General Agreement on Tariffs and Trade 1994 
(GATT 1994 ) concerning the proposed tariffs measures that the United States accords to certain 
goods in various sectors including machinery, electronics, etc. originating in China . 
 
On 22 March 2018, the United States published related documents of the Section 301 
investigations against China. On 3 April, the United State published a list of products of Chin ese 
origin, as identified in the Annex to the Notice  of Determination and Request for Public Comment 
Concerning Proposed Determination of Action Pursuant to Section 301, that an additional ad 
valorem duty of 25 percent are proposed to be imposed on. The pr oposed duties would be only 
applied to China 's products and in excess of the United States 's bound rates in its Schedule of 
Concessions and Commitments annexed to the GATT 1994.  
 
The legal documents through which the United States implements its proposed tariff measures 
include : 
 
1. Section 301 -310 of the Trade Act of 1974, as amended (19 U.S.C., paragraphs 2411 -
2420);  
2. Findings of the investigation into China 's acts, policies and practices related to technology 
transfer, intellectual property and innovation under Section 301 of the Trade Act of 1974, 
dated 22 March 2018;  
3. Actions by the United States Related to the Section 301 Investigation of China 's Laws, 
Policies, Practices, or Actions Related to Technology Transfer, Intellectual Property, and 
Innovation, dated 22 March 2018;  
4. Notice of Determination and Request for Public Comment Concerning Proposed 
Determination of Action Pursuant to Section 301: China 's Acts, Policies, and Practices 
Related to Technology Transfer, Intellectual Property, and Innovation, da ted 3 April 2018.  
This request for consultations also concerns  any amendments, or related, successor, replacement, 
or implementing measures  to the measures identified above . 
 
These measures appear to be inconsistent with the relevant provisions of the WTO covered 
agreements including:  
 
1. Article I.1 of the GATT 1994, because the measures at issue fail to extend immediately 
and unconditionally to China an "advantage, favour, privilege or immunity" granted by WT/DS543/1 • G/L/1219  
 
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  the United States "[w]ith  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.  
2. Article II.1(a) and (b) of the GATT 1994, because the measures at issue fail to accord to 
the pr oducts originating in China identified in the above mentioned documents the 
treatment no less favourable than that provided for in the United States 's Schedule of 
Concessions and Commitments annexed to the GATT 1994.  
3. Article 23 of the DSU, because the meas ures at issue fail to recourse to, and abide by, 
the rules and procedures of the DSU, when the United States seek the redress of a 
violation of obligation or other nullification or impairment of benefits under the covered 
agreements or an impediment to the  attainment of any objective of the covered 
agreements.  
In addition, and as a consequence of the foregoing, the measures at issue appear to nullify or 
impair benefits accruing to China directly or indirectly under the cited agreements.  
China reserves the r ight to raise additional claims and legal matters regarding the above -
mentioned measures during the course of the consultations.  
 
We look forward to receiving your reply to the present consultations request and to scheduling a 
mutually convenient date for consultations.  
 
__________