WT/DS437/21  
 
14 July 2016  
(16-3792)  Page: 1/14  
  Original: English  
 
 UNITED STATES – COUNTERVAILING DUTY MEASURES ON  
CERTAIN PRODUCTS FROM CHINA 
RECOURSE TO ARTICLE 21.5 OF THE DSU BY CHINA 
REQUEST FOR THE ESTABL ISHMENT OF A PANEL 
The following communication, dated 8 July 2016, from  the delegation of China to the Chairperson 
of the Dispute Settlement Body, is circulated pursuant to Article 21.5 of the DSU. 
 
_______________ 
  
1.  My authorities have instructed me to request the establishment of a panel pursuant to 
Articles 6 and 21.5 of the Understanding on Ru les and Procedures Governing the Settlement of 
Disputes ("DSU"), Article XXIII of the Ge neral Agreement on Tariffs and Trade 1994 
("GATT 1994"), and Article 30 of the Agreement on Subsidies and Countervailing Measures ("SCM 
Agreement"), with respect to the failure of the United States to implement the recommendations 
and rulings of the Dispute Settlement Body ("DSB") in this dispute. 
I. BACKGROUND 
2.  On 16 January 2015, the DSB adopted the Appellate Body Report and the Panel Report, as 
modified by the Appellate Body Report, in United States – Countervailing Duty Measures on 
Certain Products from China  (WT/DS437).  The measures at issue included 17 countervailing duty 
investigations initiated by the United States Department of Commerce ("USDOC") between 2007 and 2012.
1  The measures at issue also included the "rebuttable presumption" established by the 
USDOC that all majority Chinese state-owned ente rprises ("SOEs") are public bodies within the 
meaning of Article 1.1(a)(1) of the SCM Agreement. 
3.  The DSB found that: 
(i) The United States acted inconsistently with Article 1.1(a)(1) of the SCM Agreement 
when the USDOC found that SOEs were public bodies in the Pressure Pipe, Line Pipe, Lawn Groomers, Kitchen Shelving, OCTG, Wire Strand, Seamless Pipe, Print Graphics, 
Drill Pipe, Aluminum Extrusions, Steel Cylinders, and Solar Panels investigations. 
(ii) The USDOC's policy, articulated in Kitchen Shelving, to presume that a majority 
government-owned entity is a public body, is inconsistent, as such, with the obligations of the United States under Article 1.1 of the SCM Agreement. 
(iii) The United States acted inconsistently with Articles 1.1(b) and 14(d) of the SCM 
Agreement when the USDOC rejected in-country prices in China as benefit benchmarks in the OCTG, Solar Panels, Pressure Pipe, and Line Pipe investigations. 
                                               
1 For ease of reference, China will refer to these investigations  using the short titles set forth in 
paragraph 7.1 of the Panel Report.  China will refer to  these investigations, the resulting countervailing duty 
orders, and all successive measures by which the United States imposes, assesses, or collects countervailing duties under these orders, including subsequent periodic and sunset reviews relating to these orders, as the "proceedings at issue". WT/DS437/21 
 
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  (iv) The United States acted inconsistently with the last sentence of Article 2.1(c) of the 
SCM Agreement when the USDOC failed to take into account the two factors listed therein in the Pressure Pipe, Line Pipe, Lawn Groomers, Kitchen Shelving, OCTG, Wire Strand, Seamless Pipe, Print Graphics, Drill Pipe, Aluminum Extrusions, Steel 
Cylinders, and Solar Panels investigations. 
(v) The United States acted inconsistently with Article 2.2 of the SCM Agreement when 
the USDOC made positive determinations of regional specificity concerning alleged 
subsidies for land-use rights in the Line Pipe, Thermal Paper, Citric Acid, OCTG, Wire 
Strand, and Seamless Pipe investigations. 
(vi) The United States acted inconsistently with its obligations under Article 11.3 of the 
SCM Agreement when the USDOC initiated investigations in respect of certain export 
restraints in the Magnesia Bricks and Seamless Pipe investigations. 
(vii) As a consequence of the inconsistencies of the USDOC's actions with Articles 1, 2, 11, 
and 14 of the SCM Agreement, the United States acted inconsistently with Articles 10 
and 32.1 of the SCM Agreement. 
4.  On 13 February 2015, the United States announced its intention to implement the DSB's 
recommendations and rulings, and stated that it wo uld need a reasonable period of time in which 
to do so.   
5.  Pursuant to Article 21.3(b) of the DSU, the parties held consultations over a period of several 
months regarding the length of the reasonable period of time.  On 26 June 2015, when the parties had failed to reach agreement, China requested that the reasonable period of time be determined 
through binding arbitration pursuant to Article 21. 3 ( c )  o f  t h e  D S U .   I n  a n  a w a r d  i s s u e d  o n  9  
October 2015, the arbitrator determined the reason able period of time to be 14 months and 16 
days.  Consequently, the reasonable period of time  for the United States to comply expired on 1 
April 2016. 
6.  The USDOC initiated compliance proceedings pursuant to Section 129 of the Uruguay Round 
Agreements Act ("URAA") on 27 April 2015, nearly th ree and a half months after the adoption of 
the Panel and Appellate Body reports in this matter.
2  The USDOC did not issue the last of its final 
Section 129 determinations until 19 May 2016, after the RPT had expired.  The notice implementing the Section 129 determinations into U.S. law was published in the Federal Register on 9 June 2016.  Details of the USDOC's preliminary and final Section 129 determinations are set 
forth in Annex 2.   
7.  On 15 April 2016, China and the United Stat es concluded an agreement on the procedures 
under Articles 21 and 22 of the DSU that would apply between them for the purposes of this 
dispute (the "sequencing agreement").  China filed a request for consultations on 13 May 2016.  
The parties held consultations on 27 May 2016 pursuant to paragraph 1 of the sequencing agreement, but the consultations failed to resolv e the dispute.  Paragraph 2 of the sequencing 
agreement provides that the United States will accept the establishment of a panel at the first DSB 
meeting at which China's panel request appears on the agenda. 
II. MEASURES AT ISSUE 
8.  The measures at issue in this request include the measures identified in China's original request 
for establishment of a panel (WT/DS437/2) (21 Au gust 2012), to the extent that the DSB made 
recommendations and rulings in respect of thos e measures.  Those measures are set forth in 
Annex 1.  The measures at issue also include the preliminary and final Section 129 determinations 
set forth in Annex 2, as well as any subsequent closely connected measures that the United States 
issues or adopts in the Section 129 proceedings. 
                                               
2 China will refer to these proceedings as the "Section 129 proceedings". WT/DS437/21 
 
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  9.  The measures include the original final countervailing duty determination of the USDOC in 
Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, from the People's 
Republic of China,  as well as the countervailing order in that investigation.3 
10.  The measures at issue include, both as measures of general and prospective application and 
as measures relating to the proceedings at issue: (i) the so-called "Public Bodies Memorandum"4; 
and (ii) the "Benefit (Market Distortion) Memorandum".5 
11.  This request also concerns subsequent periodic and sunset reviews of the countervailing duty 
orders in the proceedings at issue.  Details of the periodic review determinations are set forth in 
Annex 3, and details of the sunset review determin ations are set forth in Annex 4.  This request 
encompasses any other subsequent closely connected measure relating to the countervailing duty orders in the proceedings at issue, including peri odic review determinations subsequent to those 
set in Annex 3 and sunset review determinations  subsequent to those set forth in Annex 4. 
12.  Since the expiration of the RPT, the United States has maintained and issued instructions and 
notices in the proceedings at issue to impose, asse ss, and collect cash deposits and countervailing 
duties at the rate(s) established in the original investigation or, in the case of countervailing duty 
orders for which there has been a subsequent periodic review, at the countervailing duty rate(s) established for a particular period (or periods) of review.  This request encompasses all such 
instructions and notices by which the United States imposes, assesses, and/or collects cash 
deposits and countervailing duties in the proceeding s at issue.  This request also encompasses the 
ongoing conduct by the United States of imposing, assessing, and/or collecting cash deposits and countervailing duties in the proceedings at issue. 
13.  Pursuant to Section 129(e) of the URAA, 19 U.S.C. § 1516a(a)(2), interested parties may 
seek judicial review of Section 129 determinations for which the USDOC publishes a notice of implementation under Section 129(c) of the URAA, 19 U.S.C. § 3538(c).  Requests for judicial 
review must be filed within 30 days of the publicat ion of such notice.  Such actions can result in 
reversal or modification of a Section 129 determination, and/or a delay in its implementation.  To the extent that an interested party seeks judicial review of any of the Section 129 determinations 
set forth in Annex 2, the measures include, as an omission, the failure of the United States to 
implement measures that achieve full, final, an d effective compliance with the recommendations 
and rulings of the DSB no later than  the expiration of the RPT.   
III. CLAIMS 
14.  As detailed in this Part III, China's claims in respect of the measures at issue concern the 
continued and ongoing application by the USDOC of unlawful standards and methodologies for determining financial contribution, specificity, and benefit in respect of the alleged provision of 
inputs and land-use rights for less than adequate remuneration.  The USDOC has applied unlawful 
standards and methodologies for these purposes both in the Section 129 determinations and in periodic review determinations in the proceedings at issue, and will continue to do so.  China's 
claims also concern certain other violations of the covered agreements as detailed below.   
                                               
3 Crystalline Silicon Photovoltaic Cells, Whether or  Not Assembled Into Modu les, from the People's 
Republic of China: Final Affirmative Countervailing Duty Determination and Final Affirmative Critical 
Circumstances Determination, 77 Federal Register 63788 (17 October 2012), and unpublished Issues and 
Decision Memorandum pertaining to same; Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled 
Into Modules, from the People's Republic of China: Countervailing Duty Order, 77 Federal Register 73017 (7 
December 2012). 
4 USDOC memorandum regarding "Section 129 Determination of the Countervailing Duty Investigation 
of Circular Welded Carbon Quality Steel Pipe; Ligh t-Walled Rectangular Pipe and Tube; Laminated Woven 
Sacks; and Off-the-Road Tires from the People's Republic of China: An An alysis of Public Bodi es in the People's 
Republic of China in Accordance with the WTO A ppellate Body's Findings in WTO DS379" (18 May 2012) 
("Public Bodies Memorandum").  Th e Public Bodies Memorandum includ es the appended USDOC memorandum 
regarding "The relevance of the Chinese Communist Pa rty for the limited purpos e of determining whether 
particular enterprises should be considered to be 'pub lic bodies' within the context of a countervailing duty 
investigation" (18 May 2012) ("CCP Memorandum").  On 28 October 2015, the USDOC placed the Public Bodies Memorandum and the appended CCP Memorandum on the record of the twelve Section 129 proceedings in which the USDOC was required to re-examine  its prior public body determinations. 
5 USDOC memorandum regarding "Section 129 Proceeding: United States – Countervailing Duty 
Measures on Certain Products from the People's Republ ic of China (WTO/DS437); Benefit (Market Distortion) 
Memorandum" (7 March 2016) ("Benefit (Market Distortion) Memorandum"). WT/DS437/21 
 
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  A. Public Body 
15.  China considers that the original final determination in the Solar Panels investigation is 
inconsistent with Article 1.1(a)(1) of the SCM Agreement because as the DSB found in respect of the preliminary determination in the same investigation, the USDOC incorrectly applied a majority 
government ownership test for the purpose of determining whether certain entities were public 
bodies within the meaning of that provision.
6 
16.  China considers that the preliminary and final Section 129 determinations in the Pressure 
Pipe, Line Pipe, Lawn Groomers, Kitchen Shelving, OCTG, Wire Strand, Seamless Pipe, Print 
Graphics, Aluminum Extrusions, Steel Cylinders, and Solar Panels Section 129 proceedings are inconsistent with Article 1.1(a)(1) of the SCM Agreement because they conclude that enterprises with full or majority government ownership, enterprises with less than majority government 
ownership, and wholly private enterprises (colle ctively, "Chinese commercial enterprises") are 
public bodies based on an erroneous interpretati on of this term and/or in the absence of any 
evidence that these enterprises possess, exercise, or are vested with governmental authority 
pertaining to the provision of the relevant input(s). 
17.  China considers that the periodic review determinations identified in Annex 3 are inconsistent 
with Article 1.1(a)(1) of the SCM Agreement because they conclude that Chinese commercial 
enterprises are public bodies based on an errone ous interpretation of this term and/or in the 
absence of any evidence that these enterprises possess, exercise, or are vested with governmental authority pertaining to the provision of the relevant input(s).  This claim relates to the specific periodic review determinations and inputs identified in the "public body" column of Annex 3. 
18.  To the extent that any of the public body dete rminations identified in paragraphs 15.  -17.   
are based in whole or in part on "facts available", China considers each such instance of the application of "facts available" to be inconsiste nt with Article 12.7 of the SCM Agreement because 
the USDOC misinterpreted the term "public body" in Article 1.1(a)(1) of the SCM Agreement 
and/or because the USDOC did not properly evaluate the facts available on the record in relation to the requirements of that provision.
7 
19.  China considers that the Public Bodies Memorandum is inconsistent, as such, with Article 
1.1(a)(1) of the SCM Agreement because it concludes that Chinese commercial enterprises are public bodies based on an erroneous interpretati on of this term and/or in the absence of any 
evidence that these enterprises possess, exercise, or are vested with governmental authority 
pertaining to the provision of a financial contribution. 
B. Input Specificity 
20.  China considers that the original final determination in the Solar Panels investigation is 
inconsistent with Article 2.1(c) of the SCM Agreement because as the DSB found in respect of the 
preliminary determination in the same investigation, the USDOC failed to take into account the two factors set forth in the last sentence of that provision when making its specificity determination.
8 
21.  China considers that the USDOC's preliminary and final input specificity determinations in the 
Pressure Pipe, Line Pipe, Lawn Groomers, Kitc hen Shelving, OCTG, Wire Strand, Seamless Pipe, 
Print Graphics, Aluminum Extrusions, Steel Cylinders, and Solar Panels Section 129 proceedings are inconsistent with Article 2.1(c) of the SCM Agreement because the USDOC did not properly 
identify the existence or duration of a "subsidy pr ogramme", as this term is properly interpreted, 
and therefore had no basis to evaluate "the length of time during which the subsidy programme has been in operation".  China also considers that the USDOC's preliminary and final input 
specificity determinations in the abovementioned proceedings are inconsistent with Article 2.1(c) 
of the SCM Agreement because the USDOC did not properly identify "the jurisdiction of the granting authority", as this term is properly in terpreted, and therefore had no basis to evaluate 
"the extent of diversification of economic acti vities within the jurisdiction of the granting 
authority". 
                                               
6 See Panel Report, US – Countervailing Measures (China),  paras. 7.75, 8.1(i).   
7 All references to "facts available" in this panel request include what the USDOC refers to as "adverse" 
facts available.   
8 See Panel Report, US – Countervailing Measures (China),  paras. 7.257, 8.1(v). WT/DS437/21 
 
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  22.  China considers that the periodic review determinations identified in Annex 3 are inconsistent 
with Article 2.1(c) of the SCM Agreement becaus e the USDOC failed to take into account the 
factors set forth in the last sentence of that provision.  This claim relates to the specific periodic review determinations and inputs identified in the "input specificity" column of Annex 3. 
23.  To the extent that any of the input specificity determinations described in paragraphs 21 and 
22 are based on "facts available", China considers each such instance of the application of "facts available" to be inconsistent with Article 12.7 of the SCM Agreement because the USDOC 
misinterpreted the term "subsidy programme" and/or because the USDOC identified no evidence 
on the record to substantiate the existence or duration of a "subsidy programme" and therefore had no basis to evaluate "the length of time during which the subsidy programme has been in operation".  These instances of the application of "facts available" are additionally inconsistent with 
Article 12.7 of the SCM Agreement because the USDOC misinterpreted the term "the jurisdiction of 
the granting authority" and/or because the USDOC identified no evidence on the record to substantiate the jurisdiction of the granting authority and therefore had no basis to evaluate "the 
extent of diversification of economic activities within the jurisdiction of the granting authority". 
C. Land Specificity 
24.  China considers that the USDOC's preliminary and final land specificity determinations in the 
Thermal Paper, Line Pipe, Citric Acid, OCTG, Wire Strand, and Seamless Pipe Section 129 
proceedings are inconsistent with Articles 2.2 and 2.4 of the SCM Agreement because the USDOC 
did not clearly substantiate on the basis of positi ve evidence that the alleged land use subsidies 
are limited to certain enterprises located within a designated geographical region within the 
jurisdiction of the granting authority.  To the extent that any of the foregoing land specificity 
determinations are based on "facts available" , China considers each such instance of the 
application of "facts available" to be inconsiste nt with Article 12.7 of the SCM Agreement because 
the USDOC did not properly evaluate the evidence on the record to determine whether the alleged 
land use subsidies are limited to certain enterprises located within a designated geographical region within the jurisdiction of the granting authority. 
D. Benefit 
25.  China considers that the original final determination in the Solar Panels investigation is 
inconsistent with Articles 1.1(b) and 14(d) of  the SCM Agreement because as the DSB found in 
respect of the preliminary determination in the same investigation, the USDOC's analysis and 
explanation for rejecting in-country prices in its benchmark analysis was inconsistent with those 
provisions.
9 
26.  China considers that the preliminary and final benchmark determinations in the OCTG, Solar 
Panels, Pressure Pipe, and Line Pipe Section 129 proceedings are inconsistent with Articles 1.1(b) 
and 14(d) of the SCM Agreement because they erro neously conclude that domestic Chinese prices 
for the inputs at issue are not "market" prices within the meaning of that provision and are not 
suitable benchmarks for evaluating the adequacy of remuneration.  China further considers that 
these benchmark determinations are inconsistent with Article 32.1 of the SCM Agreement because they constitute a specific action against subsidization not in accordance with the provisions of the SCM Agreement insofar as the USDOC relies on subsidies allegedly provided to upstream input 
producers as a factor to support its finding of "distortion". 
27.  China considers that the periodic review determinations identified in Annex 3 are inconsistent 
with Articles 1.1(b) and 14(d) of the SCM Agreement because they erroneously conclude that 
domestic Chinese prices for the inputs at issue are "distorted" and therefore unsuitable as 
benchmarks for evaluating the adequacy of remuneration.  This claim relates to the specific periodic review determinations and inputs identified in the "benefit" column of Annex 3. 
28.  To the extent that the benchmark determinations identified in paragraphs 25.  -27.   are 
based in whole or in part on "facts available", China considers each such instance of the application of "facts available" to be inconsiste nt with Article 12.7 of the SCM Agreement because 
the USDOC misinterpreted Article 14(d) of the SCM Agreement and/or because the USDOC did not 
                                               
9 See Appellate Body Report, US – Countervailing Measures (China),  paras. 4.97, 5.1(b). WT/DS437/21 
 
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  properly evaluate the facts available on the reco rd in relation to the requirements of that 
provision. 
29.  China considers that the Benefit (Market Distortion) Memorandum is inconsistent, as such, 
with Articles 1.1(b) and 14(d) of the SCM Agreement because it erroneously concludes that 
domestic Chinese prices are not "market" prices within the meaning of that provision and are not 
suitable benchmarks for evaluating  the adequacy of remuneration. 
E. Other 
30.  In respect of the periodic review determinations identified in Annex 3 pertaining to the 
Magnesia Bricks countervailing duty order, China considers that the United States has continued to act inconsistently with Article 11.3 of the SC M Agreement by including within the so-called 
"adverse facts available rate" the alleged export  restraint subsidy that the DSB found had been 
improperly initiated in the original investigation.  China further considers that the United States 
has acted inconsistently with Article 12.7 of the SCM Agreement by including within the so-called "adverse facts available rate" the alleged export restraint subsidy that the USDOC revoked in its 
export restraints determination in the Section 129 proceedings. 
31.  In respect of the sunset review determinatio ns identified in Annex 4, China considers that 
these determinations are inconsistent with Article 21.3 of the SCM Agreement because they rely on 
prior determinations of subsidization contained in either or both of (i) original investigation 
determinations that were found inconsistent with relevant provisions of the SCM Agreement for the reasons set forth in the recommendations and rulings of the DSB, the deficiencies of which have not been remedied by the Section 129 determinations; or (ii) subsequent periodic review 
determinations that China considers to be inconsistent with relevant provisions of the SCM 
Agreement for the reasons set forth in paragraphs 17-18 (public body), 22-23 (input specificity), 27-28 (benefit) and 30 (export restraints) above. 
32.  To the extent that any periodic review determinations in the proceedings at issue subsequent 
to those set forth in Annex 3 involve the same errors that China has identified in paragraphs 17-18 (public body), 22-23 (input specificity), 27-28 (benefit), and 30 (export restraints), China 
advances the same claims in respect of those subsequent periodic review determinations as it has 
advanced in respect of the periodic review determ inations set forth in Annex 3.  Likewise, to the 
extent that any sunset review determinations in the proceedings at issue subsequent to those set forth in Annex 4 involve the same errors that Chin a has identified in paragraph 31, China advances 
the same claims in respect of those subsequent sunset review determinations as it has advanced 
in respect of the sunset review determinations set forth in Annex 4. 
33.  Since the expiration of the RPT, in the procee dings at issue, the United States has improperly 
continued to impose, assess, and/or collect cash deposits and countervailing duties in excess of 
the amount of the subsidy properly determined to exist in accordance with the provisions of the 
SCM Agreement, for the reasons detailed in this Part III.  China considers that the measures by 
which the United States continues to impose, assess, and/or collect cash deposits and 
countervailing duties in the proceedings at issue, as well as the ongoing conduct of imposing, assessing, and/or collecting these cash deposits and countervailing duties, are inconsistent with: 
(i) The provisions of Articles 1, 2, 11, 12, and 14 of the SCM Agreement identified in Part 
III.A to Part III.E in relation to specific Section 129 determinations and periodic review 
determinations, because the cash deposits and countervailing duties that the United States continues to impose, assess, and/or collect in the proceedings at issue are 
inconsistent with those provisions for the reasons detailed therein; 
 (ii) Article 19.1 of the SCM Agreement, because the United States is imposing 
countervailing duties not in accordance with the provisions of Article 19 of the SCM 
Agreement; 
 (iii) Article 19.3 of the SCM Agreement, because the United States is not levying 
countervailing duties in the appropriate amounts in each case; and 
 WT/DS437/21 
 
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  (iv) Article 19.4 of the SCM Agreement and Article VI:3 of the GATT 1994, because the 
United States is levying countervailing duties in excess of the amount of the subsidy found to exist. 
 
34.  With respect to the measure identified in paragraph II.13.  , China considers that the United 
States has acted inconsistently with Articles 3.3, 21.1 and 21.3 of the DSU by failing to achieve full, final, and effective compliance with the reco mmendations and rulings of the DSB no later than 
the expiration of the RPT. 
IV. CONCLUSION 
35.  China requests that a panel be established under Article 21.5 of the DSU with the standard 
terms of reference, as set forth in Article 7.1 of the DSU, and asks that this request be placed on 
the agenda of the DSB meeting scheduled for 21 July 2016. 
 
 
_______________ 
 
 
 WT/DS437/21 
 
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  Annex 1: 
 
DS437 Original Measures at Issue Found to Be Inconsistent 
 
Investigation C-570-921 ("Thermal Paper") 
 
 Lightweight Thermal Paper From the People's Republic of China : Final Affirmative 
Countervailing Duty Determination, 73 Federal Register 57323 (2 October 2008). 
  Lightweight Thermal Paper From the People's Republic of China : Notice of Amended 
Final Affirmative Countervailing Duty Determination and Notice of Countervailing Duty 
Order, 73 Federal Register 70958 (24 November 2008). 
 
Investigation C-570-931 ("Pressure Pipe") 
 
 Circular Welded Austenitic Stainless Pressure  Pipe from the People's Republic of China : 
Final Affirmative Countervailing Duty Determination, 74 Federal Register 4936 (28 
January 2009). 
  Circular Welded Austenitic Stainless Pressure  Pipe from the People's Republic of China : 
Countervailing Duty Order, 74 Federal Register 11712 (19 March 2009). 
 
Investigation C-570-936 ("Line Pipe")  
 Certain Circular Welded Carbon Quality Steel Line Pipe from the People's Republic of 
China : Final Affirmative Countervailing Duty Determination, 73 Federal Register 70961 
(24 November 2008). 
 
 Certain Circular Welded Carbon Quality Steel Line Pipe from the People's Republic of 
China : Notice of Amended Final Affirmative Countervailing Duty Determination and 
Notice of Countervailing Duty Order, 74 Federal Register 4136 (23 January 2009). 
 
Investigation C-570-938 ("Citric Acid") 
 
 Citric Acid and Certain Citrate Salts From the People's Republic of China : Final 
Affirmative Countervailing Duty Determination, 74 Federal Register 16836 (13 April 2009). 
 
 Citric Acid and Certain Citrate Salts From the People's Republic of China : Notice of 
Countervailing Duty Order, 74 Federal Register 25705 (29 May 2009). 
 
Investigation C-570-940 ("Lawn Groomers") 
 
 Certain Tow Behind Lawn Groomers and Certain Parts Thereof from the People's 
Republic of China : Final Affirmative Countervailing Duty Determination, 74 Federal 
Register 29180 (19 June 2009). 
 
 Certain Tow Behind Lawn Groomers and Certain Parts Thereof from the People's 
Republic of China : Countervailing Duty Order, 74 Federal Register 38399 (3 August 
2009). 
 
Investigation C-570-942 ("Kitchen Shelving") 
 
 Certain Kitchen Appliance Shelving and Racks from the People's Republic of China : 
Final Affirmative Countervailing Duty Determination, 74 Federal Register 37012 (27 
July 2009) (including the "rebuttable presumption" that a majority government-owned entity is a "public body", articulated therein). 
 
 Certain Kitchen Appliance Shelving and Racks from the People's Republic of China : 
Countervailing Duty Order, 74 Federal Register 46973 (14 September 2009). 
 WT/DS437/21 
 
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  Investigation C-570-944 ("OCTG") 
 
 Certain Oil Country Tubular Goods from  the People's Republic of China : Final 
Affirmative Countervailing Duty Determination, Final Negative Critical Circumstances 
Determination, 74 Federal Register 64045 (7 December 2009). 
  Certain Oil Country Tubular Goods from the People's Republic of China : Amended Final 
Affirmative Countervailing Duty Determination and Countervailing Duty Order, 75 
Federal Register 3203 (20 January 2010). 
 
Investigation C-570-946 ("Wire Strand") 
 
 Pre-Stressed Concrete Steel Wire Strand from the People's Republic of China : Final 
Affirmative Countervailing Duty Determination, 75 Federal Register 28557 (21 May 
2010). 
  Pre-Stressed Concrete Steel Wire Strand from the People's Republic of China : Notice 
of Amended Final Affirmative Countervailing Duty Determination and Notice of 
Countervailing Duty Order, 75 Federal Register 38977 (7 July 2010). 
 
Investigation C-570-955 ("Magnesia Bricks") 
 
 Certain Magnesia Carbon Bricks From the People's Republic of China : Final Affirmative 
Countervailing Duty Determination, 75 Federal Register 45472 (2 August 2010). 
 
 Certain Magnesia Carbon Bricks from the People's Republic of China : Countervailing 
Duty Order, 75 Federal Register 57442 (21 September 2010). 
 
Investigation C-570-957 ("Seamless Pipe")  
 Certain Seamless Carbon and Alloy Steel Stan dard, Line, and Pressure Pipe from the 
People's Republic of China : Final Affirmative Countervailing Duty Determination, Final 
Affirmative Critical Circumstances Determination, 75 Federal Register 57444 (21 September 2010). 
 
 Certain Seamless Carbon and Alloy Steel Stan dard, Line, and Pressure Pipe from the 
People's Republic of China : Amended Final Affirmative Countervailing Duty 
Determination and Countervailing Duty Order, 75 Federal Register 69050 (10 
November 2010). 
 Investigation C-570-959 ("Print Graphics") 
 
 Certain Coated Paper Suitable for High-Quality Print Graphics Using Sheet-Fed Presses 
From the People's Republic of China : Final Affirmative Countervailing Duty 
Determination, 75 Federal Register 59212 (27 September 2010). 
  Certain Coated Paper Suitable for High-Quality Print Graphics Using Sheet-Fed Presses 
From the People's Republic of China : Amended Final Affirmative Countervailing Duty 
Determination and Countervailing Duty Order, 75 Federal Register 70201 (17 November 2010). 
 
Investigation C-570-966 ("Drill Pipe") 
 
 Drill Pipe From the People's Republic of China : Final Affirmative Countervailing Duty 
Determination, Final Affirmative Critical Circumstances Determination, 76 Federal 
Register 1971 (11 January 2011). 
 
 Drill Pipe From the People's Republic of China : Countervailing Duty Order, 76 Federal 
Register 11758 (3 March 2011). 
 WT/DS437/21 
 
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  Investigation C-570-968 ("Aluminum Extrusions") 
 
 Aluminum Extrusions From the People's Republic of China : Final Affirmative 
Countervailing Duty Determination, 76 Federal Register 18521 (4 April 2011). 
 
 Aluminum Extrusions From the People's Republic of China : Countervailing Duty Order, 
76 Federal Register 30653 (26 May 2011). 
 
Investigation C-570-978 ("Steel Cylinders")  
 High Pressure Steel Cylinders From the People's Republic of China : Initiation of 
Countervailing Duty Investigation, 76 Federal Register 33239 (8 June 2011). 
  High Pressure Steel Cylinders From the People's Republic of China : Final Affirmative 
Countervailing Duty Determination, 77 Federal Register 26738 (7 May 2012).  
  High Pressure Steel Cylinders  From the People's Republic of China : Countervailing 
Duty Order, 77 Federal Register 37384 (21 June 2012). 
 Investigation C-570-980 ("Solar Panels")  
 Crystalline Silicon Photovoltaic Cells, Whethe r or Not Assembled Into Modules, From 
the People’s Republic of China : Initiation of Countervailing Duty Investigation, 76 
Federal Register 70966 (16 November 2011). 
 
 Crystalline Silicon Photovoltaic Cells, Whethe r or Not Assembled Into Modules, From 
the People’s Republic of China : Preliminary Affirmative Countervailing Duty 
Determination, 77 Federal Register 17439 (26 March 2012). 
   
 
  
  
  WT/DS437/21  
 
- 11 - Annex 2: 
 
DS437 Preliminary and Final Section 129 Determinations 
 
Preliminary Section 129 Dete rminations Date Affected Section 129 Proceedings 
Input Specificity: Preliminary Analysis of the 
Diversification of Economic Activities and Length of 
Time 31-Dec-15 Pressure Pipe, Line Pipe, Lawn Groomers, Kitchen Shelving, OCTG, Wire 
Strand, Seamless Pipe, Print Graphics, Drill Pipe, Aluminum Extrusions, 
Steel Cylinder, and Solar Panels 
Section 129 Proceeding: United States – Countervailing Duty Measures on Certain Products 
from the People’s Republic of China (WTO/DS437): Preliminary Determination Regarding Export 
Restraints 23-Feb-16 Magnesia Bricks and Seamless Pipe 
Section 129 Proceeding: United States – 
Countervailing Duty Measures on Certain Products from the People’s Republic of China (WTO/DS437): 
Preliminary Determination Regarding Land 
Specificity 24-Feb-16 Thermal Paper, Line Pipe, Citric Acid, OCTG, Wire Strand, and Seamless 
Pipe 
Preliminary Determination of Public Bodies and Input Specificity 25-Feb-16 Pressure Pipe, Line Pipe, Lawn Groomers, Kitchen Shelving, OCTG, Wire 
Strand, Seamless Pipe, Print Graphics, Drill Pipe, Aluminum Extrusions, 
Steel Cylinder, and Solar Panels 
Benefit (Market Distortion) Memorandum 7-Mar-16 Pressure Pipe, Line Pipe, OCTG, and Solar Panels 
Supporting Memorandum to Preliminary Benefit 
(Market Distortion) Memorandum 7-Mar-16 Pressure Pipe, Line Pipe, OCTG, and Solar Panels 
Final Section 129 Determinations   
Section 129 Proceeding: United States – 
Countervailing Duty Measures on Certain Products 
from the People’s Republic of China (WTO/DS437): Final Determination of Public Bodies and Input 
Specificity 31-Mar-16 Lawn Groomers, Kitchen Shelving, Wire Strand, Print Graphics, 
Aluminum Extrusions, and Steel Cylinders  
  WT/DS437/21  
 
- 12 - Preliminary Section 129 Dete rminations Date Affected Section 129 Proceedings 
Section 129 Proceeding: United States – 
Countervailing Duty Measures on Certain Products from the People’s Republic of China (WTO/DS437): 
No Comment Final Determinations 31-Mar-16 Citric Acid and Thermal Paper 
Section 129 Proceedings: United States – 
Countervailing Duty (CVD) Measures on Certain 
Products from the People's Republic of China (WTO 
DS437): Final Determination on the Initiation of Allegations of Export Restraints in Magnesia Bricks 25-Apr-16 Magnesia Bricks 
Section 129 Proceedings: United States – 
Countervailing Duty (CVD) Measures on Certain 
Products from the People's Republic of China (WTO 
DS437): Final Determination for Certain Seamless Carbon and Alloy Steel Standard, Line, and Pressure Pipe from the People's Republic of China 
(Seamless Pipe from the PRC ). 25-Apr-16 Seamless Pipe 
Section 129 Proceedings: United States – 
Countervailing Duty Measures on Certain Products 
from the People's Republic of China (WTO/DS437): Final Determination for Pressure Pipe, Line Pipe, 
OCTG, Wire Strand , and Solar Panels 19-May-2016 Pressure Pipe, Line Pipe, OCTG, Wire Strand, and Solar Panels 
Implementation of Determinations Pursuant to 
Section 129 of the Uruguay Round Agreements 
Act, 81 Federal Register 37180 (9 June 2016) 9-Jun-2016 Lawn Groomers, Kitchen Shelving, Steel Cylinders, Print Graphics, 
Aluminum Extrusions, Thermal Paper, Citric Acid, Pressure Pipe, Line 
Pipe, OCTG, Solar Panels, Seamless Pipe, Magnesia Bricks, Wire Strand, Drill Pipe 
  
  WT/DS437/21  
 
- 13 - Annex 3: 
 
Periodic Reviews of DS437 CVD Orders 
 
Investigation Periodic Review (Final 
Determination)* Period Covered Public Body Input 
Specificity Benefit 
Kitchen 
Shelving 77 Fed. Reg. 21744 (11 April 
2012) 7 January 2009 - 31 
December 2009 Steel wire rod, 
steel strip Steel wire rod, 
steel strip n/a 
78 Fed. Reg. 21594 (11 April 
2013) 1 January 2010 - 31 
December 2010 Steel wire rod, 
steel strip Steel wire rod, 
steel strip n/a 
79 Fed. Reg. 14668 (17 
March 2014) 1 January 2011 - 31 
December 2011 Steel wire rod, 
steel strip Steel wire rod, 
steel strip n/a 
OCTG 78 Fed. Reg. 49475 (14 
August 2013) 1 January 2011 - 31 
December 2011 Steel rounds Steel rounds Steel rounds 
79 Fed. Reg. 52301 (3 
September 2014) 1 January 2012 - 31 
December 2012 Steel rounds Steel rounds Steel rounds 
Magnesia Bricks 78 Fed. Reg. 22235 (15 April 
2013) 2 August 2010 - 31 
December 2010 n/a n/a n/a 
79 Fed. Reg. 62101 (16 
October 2014) 1 January 2012 - 31 
December 2012 n/a n/a n/a 
Aluminum 
Extrusions 79 Fed. Reg. 106 (2 January 
2014) 7 September 2010 - 31 
December 2011 Primary 
aluminum Primary 
aluminum n/a 
79 Fed. Reg. 78788 (31 
December 2014) 1 January 2012 - 31 
December 2012 Primary 
aluminum Primary 
aluminum n/a 
80 Fed. Reg. 77325 (14 
December 2015) 1 January 2013 - 31 
December 2013 Primary 
aluminum, aluminum 
extrusions, 
glass Primary 
aluminum, aluminum 
extrusions, 
glass n/a 
Solar Panels 80 Fed. Reg. 41003 (14 July 
2015) 26 March 2012 - 31 
December 2012 Polysilicon, solar 
glass Polysilicon, solar 
glass Polysilicon, solar 
glass 
81 Fed. Reg. 908 (8 January 2016) (Prelim) 1 January 2013 - 31 
December 2013 Polysilicon, solar 
glass Polysilicon, solar 
glass Polysilicon, solar 
glass 
 * The annex 3 measures at issue include (i) any unpublished "Issues  & Decision Memorandum" relating to the final determination;  and (ii) the preliminary 
periodic review determination in each review.  WT/DS437/21 
 
- 14 - 
 
   
 
Annex 4:  
 
Sunset Reviews of DS437 CVD Orders 
 
Investigation Sunset Review 
Thermal Paper 79 Fed. Reg. 10477 (25 February 2014) 
Pressure Pipe 79 Fed. Reg. 32911 (9 June 2014) 
Line Pipe 79 Fed. Reg. 15313 (19 March 2014) 
Citric Acid 79 Fed. Reg. 45761 (6 August 2014) 
Kitchen Shelving 79 Fed. Reg. 73029 (9 December 2014) 
OCTG 80 Fed. Reg. 19282 (10 April 2015) 
Wire Strand 80 Fed. Reg. 53497 (4 September 2015) 
Magnesia Bricks 80 Fed. Reg. 75971 (7 December 2015) 
Seamless Pipe 81 Fed. Reg. 5985 (4 February 2016) 
Print Graphics 81 Fed. Reg. 7081 (10 February 2016) 
 
 
 
 
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