WT/DS598/R  
 
24 August 2023  
(23-5676) Page: 1/5 
  Original: English   
 
  
CHINA – ANTI -DUMPING AND COUNTERVAILING DUTY  
MEASURES ON BARLEY FROM AUSTRALIA  
REPORT OF THE PANEL  
 
 WT/DS598/R  
 
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  TABLE OF CONTENTS  
 
1   COMPLAINT BY AUSTRALIA  ................................ ................................ .........................  3 
2   PANEL ESTABLISHMENT AND COMPOSITION  ................................ ..............................  3 
3   PANEL PROCEEDINGS  ................................ ................................ ................................ .. 4 
4   NOTIFICATION OF MUTUALLY AGREED SOLUTION  ................................ ......................  5 
 
 
  WT/DS598/R  
 
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  1  COMPLAINT  BY AUSTRALIA  
1.1.  On 16 December 2020, Australia requested consultations with China pursuant to Articles  1 and 
4 of the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU) , 
Article  XXII:1 of the General  Agreement on Tariffs and Trade 1994 (GATT 1994), Articles  17.2 
and 17.3 of the  Agreement on Implementation of Article  VI of the General  Agreement on Tariffs and 
Trade 1994 (Anti -Dumping  Agreement)  and Article  30 of the Agreement on Subsidies and 
Countervailing Measures (SCM  Agreement ) with respect to measures imposing anti -dumping duties 
and countervailing duties on barley imported from Australia .1 
1.2.  Australia alleged that China's measures appeared to be inconsis tent with China's obligations 
including under certain  provisions of the GATT 1994, the Anti -Dumping Agreement and the 
SCM Agreement.  
1.3.  According to Australia, the challenged measures were set forth in Ministry of Commerce of the 
People's Republic of China (M OFCOM) Notice No. 14 of 2020 (18  May 2020), including any and all 
annexes and any amendments thereof, and Notice No. 15 of 2020 (18 May 2020), including any and 
all annexes and any amendments thereof.2  
1.4.  Consultations were held on 28  January  2021, but fail ed to resolve the dispute.  
2  PANEL  ESTABLISHMENT  AND COMPOSITION  
2.1.  On 15 March 2021, Australia requested the establishment of a panel pursuant to Article  6 of 
the DSU with standard terms of reference.3  
2.2.  In its panel request, Australia alleged that China's measures imposing anti -dumping and 
countervailing duties on barley from Australia were inconsistent with China's commitments and 
obligations including under the following provisions of the GATT 1994, the Anti -Dumping Agreement 
and the SCM  Agreement : 
a. Articles  1, 2.1, 2.2, 2.3, 2.4, and 2.4.2, 2.6, 3.1, 3.2, 3.4, 3.5, 3.6, 4.1, 5.1, 5.2, 5.3, 5.4, 
5.8, 6.1, 6.2, 6.4, 6.5.1, 6.6, 6.8 and paragraphs  1, 3, 5, 6 and 7 of Annex  II, 6.9, 6.10, 
9.1, 9.2, 9.3, 12.2 and 12.2.2 of the Anti -Dumping  Agreemen t; 
b. Articles  1.1, 1.2, 2.1, 2.2, 2.4, 10, 11.1, 11.2, 11.3, 11.4, 11.9, 12.1, 12.3, 12.4.1, 12.5, 
12.7, 12.8, 15.1, 15.2, 15.4, 15.5, 15.6, 16.1, 19.4, 22.3, 22.5 , 32.1 and footnote 46 of 
the SCM  Agreement; and  
c. Article  VI of the  GATT  1994.4 
2.3.  Australia also alleged that the measures in question appear ed to nullify or impair the benefits 
accruing to Australia directly or indirectly under the cited agreements.  
2.4.  At its meeting on 28 May 2021, the Dispute Settlement Body (DSB)  established a panel 
pursuant to the r equest of Australia in document WT/DS 598/4 , in accordance with Article  6 of the 
DSU.5 
2.5.  The Panel's  terms of reference are the following:  
To examine, in the light of the relevant provisions of the covered agreements cited by 
the parties to the dispute, the matter referred to the DSB by Australia in document 
 
1 Request for consultations by  Australia, WT/DS598/1 (Australia 's consultation request ). 
2 Request for consultations by  Australia, WT/DS598/1 (Australia 's consultation request ). 
3 Request for the establishment of a panel by Australia, WT /DS598/4  (Australia's  panel request) . 
4 Request f or the establishment of a panel by Australia, WT /DS598/4  (Australia's  panel request) . 
5 DSB, Minutes of the meeting held on  28 May 2021, WT/DSB/M/452.  WT/DS598/R  
 
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  WT/DS598/4 and to make such findings as will assist the DSB in making the 
recommendations or in giving the rulings provided for in those agreements.6 
2.6.  On 25 August 2021 , Australia requested the Director -General to determine the composition of 
the panel, pursuant to Article  8.7 of the DSU . On 3 September 2021, the Director -General 
accordingly composed the Panel as follows:  
Chairperson:  Ms Enie NERI DE ROSS  
 
Members:   Mr Jose Antonio DE LA PUENTE LEÓN  
Ms Catharina Janse VAN VUUREN  
 
2.7.  Brazil, Canada, the European  Union, India, Japan, Mexico, New Zealand, Norway, the 
Russian  Federation, Singapore, Ukraine, the United Kingdom, and the United  States notified their 
interest in p articipating in the Panel proceedings as third parties.  
3  PANEL PROCEEDINGS  
3.1.  After consultation with the parties, the Panel adopted its Working Procedures, Additional 
Working Procedures on business confidential information (BCI) and timetable  on 22 October 20 21. 
The Panel subsequently revised the timetable  on 8 February, 1 April, 7 and 13 June, 2, 16 and 
30 December  2022, and on 21 February 2023 . 
3.2.  The Panel held the first substantive meeting with the parties on 8 and 10 March 2022. Due to 
COVID -19-related trave l restrictions , the meeting was held  in a hybrid format under which the Panel 
convened in Geneva to conduct the hearing from the WTO premises, while the parties participated 
virtually via Webex from their capitals. Geneva -based representatives of the parti es observed the 
conduct of the meeting in person from the WTO premises.  
3.3.  The Panel initially planned to hold the third -party session on 9 March 2022. However, taking 
note of communications received from  Ukraine and Russia respectively on 1 and 2 March 2022 , as 
well as from Australia, China, Canada, the European Union, and the United Kingdom on 
4 March  2022, and the United States on 5 March 2022, all concerning the third -party session, t he 
Panel decided to postpone the third -party session with the view to pr eserving the rights of the 
third parties.  
3.4.  The Panel scheduled the second substantive meeting for 27 -28 June 2022 with the intent of 
holding the meeting in person at the WTO premises. Due to the limited availability of the parties , 
however , the Panel decide d to postpone the meeting  by one month . The third -party session took 
place on 26 July in a hybrid format, with certain delegations participating in person from the 
WTO premises and others participating remotely via Webex. The second substantive meeting wit h 
the parties took place on 27 and 28 July in the same hybrid format as the first substantive meeting.  
3.5.   On 19 September 2022, the Panel issued the descriptive part of its Report to the parties. 
The Panel issued its Interim Report to the parties on 16 Dece mber 2022. The Panel issued its 
Final Report to the parties on 15 March 2023.  
3.6.  On 11 April 2023, the parties requested the Panel to suspend its work, in accordance with 
Article 12.12 of the DSU, until 11 July 2023 while the parties were discussing a possibl e mutually 
agreed solution to the dispute. The Panel granted that request. On 10 July 2023, the parties 
requested the Panel to further suspend its work, pursuant to Article 12.12 of the DSU, for an 
additional period of one month until 11 August 2023. The P anel also agreed to that request.  
 
6 Constitution note of the Panel, WT/DS598/6.  WT/DS598/R  
 
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  4  NOTIFICATION OF MUTUALLY AGREED SOLUTION  
4.1.  By a joint communication dated 1 1 August  2023, pursuant to Article 3.6 of the DSU, the parties 
notified the DSB  that they had reached a mutually agreed solution to the matter raised in this 
dispute.7 On the same date, the parties also informed the Panel of their mutually agreed solution.  
4.2.  The Panel takes note of the mutually agreed solution between the parties to t he dispute and 
recalls Article 3.7 of the DSU, which provides that "[t]he aim of the dispute settlement mechanism 
is to secure a positive solution to a dispute. A solution mutually acceptable to the parties to a dispute 
and consistent with the covered agre ements is clearly to be preferred."  
4.3.  The Panel also takes note of Article 12.7 of the DSU, which provides that "[w]here a settlement 
of the matter among the parties to the dispute has been found, the report of the panel shall be 
confined to a brief descript ion of the case and to reporting that a solution has been reached."  
4.4.  Accordingly, the Panel concludes its work by reporting that a mutually agreed solution to this 
dispute has been reached between the parties.  
 
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7 This was circulated as document WT/DS5 98/11 on 14 August  2023.