. /.   WORLD TRADE  
ORGANIZATION  WT/DS419/1 
G/L/950 
G/SCM/D86/1 
6 January 2011 
 
 (11-0019) 
 Original:   English 
 
 
 
CHINA – MEASURES CONCERNING WIND POWER EQUIPMENT 
 
Request for Consultations by the United States  
 
 
 The following communication, dated 22 Dece mber 2010, from the delegation of the United 
States to the delegation of China and to the Chairman  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 ("China") pursuant to Articles 1 and 4 of the Understanding on Rules and 
Procedures Governing the Settlement of Disputes , Article XXII:1 of the General Agreement on 
Tariffs and Trade 1994  ("GATT 1994"), and Articles 4 and 30 of the Agreement on Subsidies and 
Countervailing Measures  ("SCM Agreement"), with regard to certain  measures providing grants, 
funds, or awards to enterprises manufacturing wind power equipment (including the overall unit, and 
parts thereof) in China.  As required by Article 4.2 of the SCM Agreement, a Statement of Available 
Evidence is attached to this  request for consultations. 
 
 The measures providing these grants, funds, or  awards are reflected in the following 
instrument, as well as any amendments to date or  any related implementing measures to date:  
 
• Notice of the Ministry of Finance on Issuing the Provisional Measure on Administration of 
Special Fund for Industrialization of Wind Power Equipment, including the Annex on 
Provisional Measures on Administration of Speci al Fund for Industrialization of Wind Power 
Equipment.
1  
 
 As the measures appear to provide grants, funds , or awards that are contingent on the use of 
domestic over imported goods, these measures appear to  be inconsistent with Article 3 of the SCM 
Agreement.  In addition, as China has not notifie d these measures, China app ears to have failed to 
comply with Article XVI:1 of the GATT 1994 and Articles 25.1, 25.2, 25.3, and 25.4 of the SCM 
Agreement.  As China has not made available a translation of these measures into one or more of the 
official languages of the WTO, China also appears to have failed to comply with its obligation under 
Part I, Paragraph 1.2, of its Protocol on the Accession of the People's Republic of China  (to the extent 
that it incorporates paragraph 334 of the Report of the Working Party on the Accession of China  
(WT/MIN(01)/3)).  
  We look forward to receiving your reply to the present request and to fixing a mutually 
convenient date for consultations. 
                                                     
 
1 Ministry of Finance Document [2008] No. 476 (11 August 2008). WT/DS419/1 
G/L/950 G/SCM/D86/1 
Page 2 
  
  Statement of Available Evidence  
 
• Notice of the Ministry of Finance on Issuing the Provisional Measure on Administration of 
Special Fund for Industrialization of Wind Power Equipment, including the Annex on 
Provisional Measures on Administration of Speci al Fund for Industrialization of Wind Power 
Equipment.
2 
 
  
__________  
                                                     
 
2 Ministry of Finance Document [2008] No. 476 (11 August 2008).