WT/DS509/1/Add.1  
G/L/1148/Add.1  
 
23 August 2016  
(16-4491) Page: 1/3 
  Original: English  
 
 CHINA – DUTIES AND OTHER MEA SURES CONCERNING THE  EXPORTATION OF CERTA IN 
RAW MATERIALS  
REQUEST FOR CONSULTA TIONS BY THE EUROPEAN UNION  
Addendum  
The following communication, dated 19 August 2016 , from the delegation of the European Union  
to the delegation of  China  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 People's 
Republic of China ("Ch ina") 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 duties on the export 
of ferro-nickel1. This request supplements and does not replace the European Union's request for 
consultations with China dated 19 July 2016, on other export restrictions2. 
The legal instruments through which China imposes and administers these export duties, operating 
separately or collectively, include but are not limited to:  
 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)  
 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 December 2013, in Order No 8)  
 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)  
 State Council Customs Tariff Commission Notice on Issuing the 2016 Tariff Adjustmen t 
Plan (State Council Customs Tariff Commission, Shui Wei Hui [2015] No. 23, issued 4 
December 2015, effective 1 January 2016) (the "2016 Tariff Adjustment Plan ")  
 General Administration of Customs Notice on the 2016 Tariff Implementation Plan  (General 
Administration of Customs, Zong Shu Gong Gao [2015] No. 69, issued 28 December 2015, 
effective 1 January 2016)  
                                                
1 Ferro-nickel includes the items falling under the eight -digit Chinese Customs Commodity Codes 
identified in State Council Customs Tariff Comm ission Notice on Issuing the 2016 Tariff Adjustment Plan  (State 
Council Customs Tariff Commission, Shui Wei Hui [2015] No. 23, issued 4 December 2015, effective 1 January 
2016) (hereinafter referred to as the “ 2016 Tariff Adjustment Plan ”) as listed in Ann ex 12 Section A to this 
request.  
2 WT/DS509/1  WT/DS509/1/Add.1 • G/L/1148/Add.1  
 
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   as well as any annexes or schedules thereto, amendments, supplements, extensions, 
replacement measures, renewal measures, related measures, or imple menting measures.  
China's measures appear to be inconsistent with paragraph 11.3 of Part I of the Protocol on the 
Accession of the People’s Republic of China (WT/L/432)( "Accession Protocol "). 
China's measures also appear to nullify or impair the benefits a ccruing to the European Union 
directly or indirectly under the cited agreement.  
The European Union reserves the right to address additional measures and claims regarding the 
above matters in the course of the consultations.  
The European Union looks forward  to receiving China's reply to this request for consultations in 
due course. The European Union has already engaged with China on mutually convenient dat es for 
consultations in Geneva.  
 
 
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 WT/DS509/1/Add.1 • G/L/1148/Add.1  
 
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Annex 12  
Ferro -nickel  
Section A  
(List of eight -digit Chinese Customs Commodity Codes, as identified in the 2016 Tariff 
Adjustment Plan)  
72026000     
 
 
 
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