WT/DS543/1/Add.2  
G/L/1219/Add.2  
 
17 July 2018  
(18-4485) Page: 1/2 
  Original: English  
 
UNITED STATES – TARIFF MEASURES ON C ERTAIN GOODS FROM CH INA 
REQUEST FOR CONSULTA TIONS BY CHINA  
Addendum  
The following communication, dated 16 July 2018 , from the delegation of China  to the delegation 
of the United States , is circulated to the Dispute Settlement Body 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 R ules 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 variou s sectors includi ng agriculture , aquatic products, clothing and apparel, household  
appliances , etc. originati ng from China.   This addendum supplements and does not replace China 's 
request for consultations dated 4 April 20181 and the supplemental  request for consultations dated 
6 July 20182. 
Subsequent to the  request for consultations  dated 4 April 2018 and the supplemental request for 
consultations dated 6 July 2018,  the United States  published  a list of products of Chinese origin  
with 6031 tariff lines on 10 July 2018, as identified in the Annex  to the Request for Comment s 
Concerning Proposed Modification  of Action Pursuant to Section 301: China 's Acts, Policies, and 
Practices Related to Technology Transfer,  Intellectual Property, and Innovation3, that an additional 
ad valorem duty of 10 percent  are proposed to be imposed on. The proposed 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 this 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 invest igation into  China 's acts, policies and practices related to technology 
transfer, intellectual property and innovation under Section  301 of the Trade Act of 
1974.4  
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. 5 
                                                
1 The request for consultations was circulated on 5 April 2018 in document WT/DS 543/1, G/L/ 1219. 
2 The supplemental request for consultations was circulated on 9 July 2018 in document 
WT/DS 543/1/Add.1 , G/L/ 1219/Add.1 . 
3 See https://ustr.gov/about -us/policy -offices/press -office/press -releases/2018/july/statement -us-
trade -representative . See also https://ustr.gov/sites/default/fil es/301/2018 -0026%20China%20FRN%207 -10-
2018_0.pdf  
4 See https://ustr.gov/sites/default/files/Section%20301%20FINAL.PDF  WT/DS543/1/Add.2 • G/L/1219/Add.2  
 
- 2 - 
 
  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 .6 
5. Request for Comments Concerning Proposed Modification of Action Pursuant to Section 
301: China 's Acts, Policies, and Practices Related to Technology Transfer,  Intellectual 
Property, and Innovation . 7 
 
This supplemental request for consultations also concerns  any modification, replacement or 
amendments  to the measures identified above , and any closely connected , subsequent  or 
implementing measures . 
    
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 the products originating in China  an "advantage, favour, privilege or 
immunity" granted by 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 products 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 
Concession s and Commitments annexed to the GATT 1994.  
3. Article 23 of the DSU, because United States made a determination to the effect that a 
violation has occurred  without recourse to the dispute settlement in accordance with the 
DSU and the measures at issue fail t o recourse to, and abide by, the rules and procedures 
of the DSU, when the United States seeks 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 right to raise addi tional claims and legal matters regarding the above -
mentioned measures during the course of the consultations.  
 
China looks forward to receiving your reply to the present consultations  request and to scheduling 
a mutually convenient date for consultations . 
 
__________  
                                                                                                                                                  
5 See https://www.whitehouse.gov/presidential -actions/presidential -memorandum -actions -united -
states -related -section -301-investigation/  
6 See https://ustr.gov/sites/default/files/files/Press/Releases/301FRN.pdf . See also Federal Register / 
Vol. 83, No. 67 / Friday, April 6, 2018 / Notices  [Docket No. USTR -2018-0005]  
7 See https://ustr.gov/about -us/policy -offices/press -office/press -releases/2018/july/statement -us-
trade -representative . See also https://ustr.gov/sites/default/files/301/2018 -0026%20China%20FRN%207 -10-
2018_0.pdf