WT/DS517/6  
 
21 August 2017  
(17-4493) Page: 1/2 
  Original: English   
 
CHINA – TARIFF RATE QUOTAS F OR CERTAIN AGRICULTU RAL PRODUCTS  
REQUEST FOR THE ESTA BLISHMENT OF A PANEL  BY THE UNITED STATES  
The following communication, dated 18 August 2017 , 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 15 December  2016, the United States requested 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  ("DSU") and Article XXII of the General 
Agreement on Tariffs and Trade 1994 ("GATT 1994 ") with respect to China 's administration of its 
tariff-rate quotas  ("TRQs"), including those for wheat, short - and medium - grain rice, long grain 
rice, and corn.  The parties consulted on 9 February  2017, but the consultations did not resolve 
the dispute.  
 
The United States considers that China administers TRQs for wheat, short - and medium - grain 
rice, long grain rice, and corn  inconsistently with its WTO obligations.  In particular, China 
administers each of its TRQs for wheat, short - and medium - grain rice, long grain rice, and corn 
inconsistently with its commitme nts specified in paragraph 1.2 of Part I of the Protocol on the 
Accession of the People 's Republic of China  (WT/L/432)  ("Accession Protocol "), which incorporates 
the commitments in paragraph 116 of the Report of the Working Party on the Accession of China  
(WT/MIN(01)/3) ( "Working Party Report "), as well as with Articles X:3(a), XI:1, and XIII:3(b) of 
the GATT 1994.   
 
The legal instruments through which China has established its TRQs for wheat, short - and 
medium - grain rice, long grain rice, and corn includ e, but are not limited to, the following, 
operating separately or collectively:  
 
 Customs Law of the People 's Republic of China (adopted at the 19th Meeting of the 
Standing Committee of the Sixth National People 's Congress on 22 January  1987, 
amended 28 De cember  2013, in Order No. 8)  
 
 Regulation of the People 's Republic of China on the Administration of the Import and 
Export of Goods (Order of the State Council No. 332, adopted at the 46th executive 
meeting of the State Council on 31 October  2001, effective 1 January  2002)  
 
 Regulation of the People 's Republic of China on Import and Export Duties  (State Council, 
Order No. 392, adopted at the 26th executive meeting of the State Council on  29 October  
2003, amended  6 February  2016, in Order No. 666) 
 
 Foreign Trade Law of the People 's Republic of China (adopted at the 8th Session of the 
Standing Committee of the Tenth National People's Congress on  6 April  2004, effective 
1 July 2004)  
 
as well as any amendments, or successor, replacement, or implementing measures.  
 
The legal instruments through which China administers each of its TRQs for wheat, short - and 
medium - grain rice, long grain rice, and corn include, but are not limited to, the following, 
operating separately or collectively:  WT/DS517/6  
 
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 Provis ional Measures on the Administration of Import Tariff -Rate Quotas  for Agricultural 
Products  (Ministry of Commerce and National Development and Reform Commission 2003  
Order No. 4 , issued 27 September  2003) 
 
 Public Notice on Authorized Agencies for Agricultural Product Import Tariff -Rate Quotas  
(Ministry of Commerce and National Development and Reform Commission, Public Notice 
No. 54, issued 15 October  2003)  
 
 Application Criteria and Allocation Principles for Import Tariff -Rate Quotas for Grains in 
2017 (National Development and Reform Commission 2016 Public Notice No. 23, issued 
10 October  2016)  
 
 Announcement of Applicant Enterprise Data for Import Tariff -Rate Quotas for Grains in 
2017 (National Development and Reform Commission, issued 1 December  2016)  
 
 Public Notice on the Reallocation of Import Tariff -Rate Quotas for Agricultural Products in 
2017 (National Development and Reform Commission and Ministry of Commerce 2017 
Public Notice No. 11, issued 11 August  2017)  
 
 Application Criteria and Alloca tion Principles for Import Tariff -Rate Quotas for Grains in 
2016 (National Development and Reform Commission 2015 Public Notice No. 22, issued 
29 September  2015)  
 
 Announcement of Applicant Enterprise Data for Import Tariff -Rate Quotas for Grains in  
2016 (National Development and Reform Commission, issued  4 December  2015)  
 
 Public Notice  on the Reallocation of Import Tariff -Rate Quotas for Agricultural Products in 
2016 (National Development and Reform Commission and Ministry of Commerce 2016 
Public Notice No. 19, issued 17 August  2016)  
 
as well as any amendments, or successor, replacement, or implementing measures . 
 
The United States considers that:  
 
(1) China has acte d inconsistently with its obligations pursuant to paragraph 1.2 of Part I of 
the Accession Protocol because China does not administer each of its TRQs for wheat, 
short- and medium - grain rice, long grain rice, and corn on a transparent, predictable, or 
fair basis, using clearly specified administrative procedures and requirements that would 
not inhibit the filling of each TRQ.  
 
(2) China administers each of its TRQs for wheat, short - and medium - grain rice, long grain 
rice, and corn inconsistently with Art icle X:3(a) of the GATT 1994, because China has 
failed to administer each TRQ in a reasonable manner.   
 
(3) China administers each of its TRQs for wheat, short - and medium - grain rice, long grain 
rice, and corn inconsistently with  Article XI:1 of the GATT 1994, because China institutes 
or maintains prohibitions or restrictions on the importation of each product other than 
duties, taxes, or other charges.   
 
(4) China administers each of its TRQs for wheat, short - and medium - grain r ice, long grain 
rice, and corn inconsistently with Article XIII:3(b) of the GATT 1994, because China does 
not provide public notice of quantities permitted to be imported under each TRQ and 
changes to quantities permitted to be imported under each TRQ.  
 
Accordingly, the United States respectfully requests that, pursuant to Article 6 of the DSU, the 
Dispute Settlement Body establish a panel to examine this matter, with standard terms of 
reference as set out in Article 7.1 of the DSU.  
 
__________