WORLD TRADE  
ORGANIZATION  WT/DS398/1 
G/L/892 26 August 2009 
 
 
(09-4027) 
 Original:   Spanish 
  
 
CHINA – MEASURES RELATED TO THE EXPORTATION 
OF VARIOUS RAW MATERIALS 
 
Request for Consultations by Mexico
 
 
 
 The following communication, dated 21 August 2009, from the delegation of Mexico to the 
delegation of China and to the Chairman of the Dis pute Settlement Body, is ci rculated in accordance 
with Article 4.4 of the DSU.  
_______________ 
 
  The Government of Mexico hereby requests 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 restraints on the export 
from China of various forms of bauxite
1, coke2, fluorspar3, magnesium4, manganese5, silicon carbide6, 
silicon metal7, yellow phosphorus8, and zinc9 (the "materials"). 
  China imposes quantitative restrictions on the export of bauxite, coke, fluorspar, silicon 
carbide, and zinc. 
                                                     
 
1 Bauxite includes but is not limited to items falling under the following HS numbers, as listed in 
Attachment 1 of Notice "2009 Export Licensing Management Commodities List" (Ministry of Commerce and General Administration of Customs, Notice (2008) No. 100, January 1, 2009) ("2009 Export Licensing List") 
and/or Table 7 of Notice Regarding the 2009 Tariff Implementation Program (State Council Tariff Policy 
Commission, shuiweihui (2008) No. 40, January 1, 2009) ("2009 Export Duty List"):  2508300000/25083000, 
2606000000/26060000, 26204000. 
2 Coke includes but is not limited to items falling under the following HS numbers, as listed in the 2009 
Export Licensing List and/or the 2009 Export Duty List:  2704001000/27040010. 
3 Fluorspar includes but is not limited to items falling under the following HS numbers, as listed in the 
2009 Export Licensing List and/or the 2009 Export Duty List:  2529210000/25292100, 2529220000/25292200. 
4 Magnesium includes but is not limited to items fa lling under the following HS numbers, as listed in 
the 2009 Export Licensing List and/or the 2009 Export Duty List:  81041100, 81041900, 81042000. 
5 Manganese includes but is not limited to items falling under the following HS numbers, as listed in 
the 2009 Export Licensing List and/or the 2009 Export Duty List:  26020000, 8111001010/81110010, 
8111001090/81110010. 
6 Silicon carbide includes but is not limited to items falling under the following HS numbers, as listed 
in the 2009 Export Licensing List and/or the 2009 Export Duty List:  2849200000, 3824909910. 
7 Silicon metal includes but is not limited to items falling under the following HS numbers, as listed in 
the 2009 Export Licensing List and/or the 2009 Export Duty List:  28046900. 
8 Yellow phosphorus includes but is not limited to items falling under the following HS numbers, as 
listed in the 2009 Export Licensing List and/or the 2009 Export Duty List:  28047010. 
9 Zinc includes but is not limited to items falling under the following HS numbers, as listed in the 2009 
Export Licensing List and/or the 2009 Export Duty List:  2608000001/26080000, 2608000090/26080000, 
7901119000/79011190, 7901120000/79011200, 7901200000/79012000, 79020000, 26201100, 26201900. WT/DS398/1 
G/L/892 Page 2 
 
 
   
 China also imposes export duties on bauxite, coke, fluorspar, magnesium, manganese, silicon metal, yellow phosphorus, and zinc.  
 China imposes additional requirements and pro cedures in connection with the export of the 
materials, including, but not limited to, restricting the right to export based on, for example, prior export experience;  establishing criteria that foreig n-invested enterprises must satisfy in order to 
export that are different from those that domestic en tities must satisfy;  and requiring exporters to pay 
fees.  China administers these requirements and procedures through its ministries and other 
organizations under the State Council as well as chambers of commerce. 
  China maintains a minimum export price sy stem for the materials and requires the 
examination and approval of export contracts and export prices.  China administers this system and 
these requirements through its ministries and other organizations under the State Council as well as 
chambers of commerce. 
  The measures through which China imposes these restraints on exports include but are not 
limited to:
10 
 
• 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, 
promulgated on 1 July 2004); 
 
• Customs Law of the People's Republic of China (adopted at the 19th Meeting of the 
Standing Committee of the Sixth Nati onal People's Congress on 22 January 1987, 
amended 8 July 2000); 
 
• Regulation of the People's Republic of China on the Administration of the Import and 
Export of Goods (passed at the 46th executive meeting of the State Council on 31 October 2001, 1 January 2002); 
 
• Measures for the Administration of Licence for the Export of Goods (Order of the 
Ministry of Commerce (2008) No. 11, 1 July 2008); 
 
• Measures for the Administration of E xport Commodities Quotas (Order of the 
Ministry of Foreign Trade and Econom ic Cooperation No. 12, adopted on 
20 December 2001, 1 January 2002); 
 
• Measures of Quota Bidding for Export Co mmodities (Decree of the Ministry of 
Foreign Trade and Economic Cooperation No. 11, adopted on 20 December 2001, 
1 January 2002); 
 
• Measures for the Administration of the Organs for Issuing the Licences of Import and 
Export Commodities (Ministry of Fore ign Trade and Econom ic Cooperation, 
waijingmaopeiguanhanzi (1999) No. 68, 21 September 1999); 
 
                                                     
 
10 There also appear to be unpublished measures through which China imposes these restraints on 
exports.  WT/DS398/1 
 G/L/892 
 Page 3 
 
 
  • Regulations of the People's Republic of Ch ina on Import and Export Duties (Order of 
the State Council (2003) No. 392, adopted at the 26th executive meeting of the State 
Council on 29 October 2003, 1 January 2004); 
 
• Provisional Measures on Customs Price Examin ation for Exported Products (Order of 
the General Administration of Customs (1995) No. 51, 1 February 1995); 
 
• Implementing Regulations for the Measures on Customs Price Examination for 
Exported Products (General Administra tion of Customs, 1 February 1995); 
 
• Measures for the Administration over Foreign Trade and Economic Social 
Organizations (Ministry of Foreign Trade and Economic Cooperation, 
26 February 1991); 
 
• Interim Regulations of the Ministry of Foreign Trade and Ec onomic Cooperation on 
Punishment for Conduct at Exporting at Lower-than-Normal Price (Ministry of Foreign Trade and Economic Cooperation, 20 March 1996); 
 
• Working Rules on Issuing Export Licences (Ministry of Commerce, shangpeifa 
(2008) No. 398, 9 October 2008); 
 
• Rules on the Administration of Import and Export Licence Certificates (Ministry of 
Foreign Trade and Economic Coopera tion, waijingmaopeizi (1999) No. 87, 
6 December 1999); 
 
• Implementation Rules of Export Quota Biddi ng for Industrial Products (Ministry of 
Foreign Trade and Economic C ooperation, 8 November 2001); 
 
• Charter of the China Chamber of Commerc e of Metals, Minera ls and Chemicals 
Importers and Exporters; 
 
• Notice Regarding 2009 Export Quota Amounts for Agricultural and Industrial 
Products (Ministry of Commerce, No tice (2008) No. 83, 1 January 2009); 
 
• Notice Regarding Passing Down the 2009 First Batch Regular Trade Coke Export 
Quota (Ministry of Commerce, shangma ohan (2008) No. 140, 1 January 2009); 
 
• 2009 Coke Export Quota Declaration Cond itions and Declaration Procedures 
(Ministry of Commerce, Notice (2008) No. 76, 13 October 2008); 
 
• Notice "2009 Export Licensing Management Commodities List" (Ministry of 
Commerce and General Administration of Customs, Notice (2008) No. 100, 
 1 January 2009); 
 
• Announcement of the Ministry of Commerce Issuing the "2009 Graded 
Licence-Issuing List of Commodities Subject to Export Licence Administration" (Ministry of Commerce, Notice (2008) No. 124, 1 January 2009); 
 
• Announcement Regarding Printing "Working Rules on Issuing Export Licences" 
(Ministry of Commerce, shangpeifa (2008) No. 398, 9 October 2008); 
 WT/DS398/1 
G/L/892 Page 4 
 
 
  • Announcement of Ministry of Commerce on Matters regarding the First Bidding for 
Export Quotas of Industrial Products in 2009 (Ministry of Commerce, Announcement 
(2008) No. 85, 30 October 2008); 
 
• Announcement of Ministry of Commerce on the Notice for the Second Invitation for 
the Bidding for Industrial Product Export Quotas in 2009 (Ministry of Commerce, Announcement (2009) No. 42, 9 June 2009); 
 
• Circular of the Ministry of Foreign Trade and Economic Cooperation on Distribution 
of the "Implementation Rules of Expor t Quota Bidding for Industrial Products" 
(Ministry of Foreign Trade and Economic Cooperation, issued on 8 November 2001); 
 
• Notice Regarding the 2009 Tariff Implemen tation Program (State Council Tariff 
Policy Commission, shuiweihui (2008) No. 40, 1 January 2009); 
 
• Notice Regarding the Trial Administration of  36 Types of Products such as Citric 
Acid (Ministry of Commerce and General Administration of Customs, Notice (2003) 
No. 36, 29 November 2003); 
 
• Notice Regarding Printing and Distributi on of Several Regulations for Personnel 
Management of Chambers of Commerce fo r Importers and Exporters (Ministry of 
Foreign Trade and Economic Cooperation, 23 September 1994); 
 
• Notice for the Adjustment of the Catalogue of Export Products Subject to Price 
Review by Customs (Ministry of Forei gn Trade and Economic Cooperation and the 
General Administration of Customs, wai jingmaomaofa (2002) No. 187, 1 May 2002); 
 
• Quotas of Fluorspar Lump (Powder) of 2009 (Committee for the Invitation for bid for 
Export Commodity Quotas, 11 December 2008); 
 
• Quotas of Bauxite of 2009 (Committee fo r the Invitation for bid for Export 
Commodity Quotas, 10 December 2008); 
 
• Quotas of Silicon Carbide of 2009 (Committe e for the Invitation for bid for Export 
Commodity Quotas, 11 December 2008); 
  as well as any amendments, replacements, related measures, or implementing measures.   China's measures appear to be incons istent with the following provisions: 
 
• Articles VIII, X, and XI of the GATT 1994;  and 
 
• Paragraphs 5.1, 5.2, 8.2, and 11.3 of Part  I of the Protocol on the Accession of the 
People's Republic of China ("Accession Pr otocol"), as well as China's obligations 
under the provisions of paragraph 1.2 of Pa rt I of the Accession Protocol (which 
incorporates commitments in paragraphs 83,  84, 162, and 165 of the Report of the 
Working Party on the Accession of China). 
  China's measures also appear to nullify or impair  the benefits accruing to Mexico directly or 
indirectly under the cited agreements.   WT/DS398/1 
 G/L/892 
 Page 5 
 
 
   Mexico reserves the right to raise additional f actual matters and legal claims during the course 
of the consultations.   Mexico looks forward to receiving China's reply in order to fix a mutually convenient date for 
consultations. 
 
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