WORLD TRADE  
ORGANIZATION  WT/DS394/1 
G/L/888 25 June 2009 
 
(09-3133) 
 Original:   English 
  
 
CHINA – MEASURES RELATED TO THE EXPORTATION  
OF VARIOUS RAW MATERIALS 
 
Request for Consultations by the United States
 
 
 
 The following communication, dated 23 June 2009, 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  ("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/DS394/1 
G/L/888 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 foreign-in vested enterprises must satisfy in order to export 
that are different from those that domestic entities mu st satisfy; and requiring exporters to pay fees.  
China administers these requirements and procedur es 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 Nationa l People's Congress on April 6, 2004, 
promulgated on July 1, 2004) 
 
• Customs Law of the People's Republic of China (adopted at the 19th Meeting of the 
Standing Committee of the Sixth Nationa l People's Congress on January 22, 1987, 
amended July 8, 2000) 
 
• Regulation of the People's Republic of China on the Administration of the Import and 
Export of Goods (passed at the forty-sixth executive meeting of the State Council on 
October 31, 2001, January 1, 2002) 
 
• Measures for the Administration of License for the Export of Goods  (Order of the 
Ministry of Commerce (2008) No. 11, July 1, 2008) 
 
• Measures for the Administration of Export Co mmodities Quotas (Order of the Ministry 
of Foreign Trade and Economic Cooperati on No. 12, adopted on December 20, 2001, 
January 1, 2002) 
 
• Measures of Quota Bidding for Export Commodities (Decree of the Ministry of Foreign 
Trade and Economic Cooperation No. 11, a dopted on December 20, 2001, January 1, 
2002) 
 
• Measures for the Administration of the Organs for Issuing the Licenses of Import and 
Export Commodities (Ministry of Fore ign Trade and Economic Cooperation, 
waijingmaopeiguanhanzi (1999) No . 68, September 21, 1999) 
 
• Regulations of the People's Republic of Chin a on Import and Export Duties (Order of the 
State Council (2003) No. 392, adopted at the 26th executive meeting of the State Council 
on October 29, 2003, January 1, 2004) 
                                                      
10 There also appear to be unpublished measures through which China imposes these restraints on 
exports.  WT/DS394/1 
 G/L/888 
 Page 3 
 
 
  • Provisional Measures on Customs Price Examinat ion for Exported Products (Order of  
the General Administration of Customs (1995) No. 51, February 1, 1995) 
 
• Implementing Regulations for the Measures on Customs Price Examination for Exported 
Products  (General Administration of Customs, February 1, 1995) 
 
• Measures for the Administration over Foreign Trade and Economic Social Organizations 
(Ministry of Foreign Trade and Econo mic Cooperation, February 26, 1991) 
 
• Interim Regulations of the Ministry of Foreign Trade and Economic Cooperation on 
Punishment for Conduct at Exporting at Lower-than-Normal Price (Ministry of Foreign Trade and Economic Coopera tion, March 20, 1996) 
 
• Working Rules on Issuing Export Licenses (M inistry of Commerce, shangpeifa (2008) 
No. 398, October 9, 2008) 
 
• Rules on the Administration of Import and Export License Certificates (Ministry of 
Foreign Trade and Economic Cooperation, wa ijingmaopeizi (1999) No. 87, December 6, 
1999) 
 
• Implementation Rules of Export Quota Biddi ng for Industrial Products (Ministry of 
Foreign Trade and Economic Coope ration, November 8, 2001) 
 
• Charter of the China Chamber of Commerce of Metals, Minerals and Chemicals 
Importers and Exporters 
 
• Notice Regarding 2009 Export Quota Amounts for Agricultural and Industrial Products 
(Ministry of Commerce, Notice (2008) No. 83, January 1, 2009) 
 
• Notice Regarding Passing Down the 2009 Firs t Batch Regular Trade Coke Export Quota 
(Ministry of Commerce, shangmaohan (2008) No. 140, January 1, 2009) 
 
• 2009 Coke Export Quota Declaration Conditions  and Declaration Procedures (Ministry 
of Commerce, Notice (2008) No. 76, October 13, 2008) 
 
• Notice "2009 Export Licensing Management Commodities List" (Ministry of Commerce 
and General Administration of Customs, Notice (2008) No. 100, January 1, 2009) 
 
• Announcement of the Ministry of Commerce Issuing the "2009 Graded License-Issuing 
List of Commodities Subject to Export Licen se Administration" (Ministry of Commerce, 
Notice (2008) No. 124, January 1, 2009) 
 
• Announcement Regarding Printing "Working Rules on Issuing Export Licenses" 
(Ministry of Commerce, shangpeifa (2008) No. 398, October 9, 2008) 
 
• 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, October 30, 2008) 
 WT/DS394/1 
G/L/888 Page 4 
 
 
  • Announcement of Ministry of Commerce on th e Notice for the Second Invitation for the 
Bidding for Industrial Product Export Q uotas in 2009 (Ministry of Commerce, 
Announcement (2009) No. 42, June 9, 2009) 
 
• Circular of the Ministry of Foreign Trade and Economic Cooperation on Distribution of 
the "Implementation Rules of Export Quota Bidding for Industrial Products" (Ministry of 
Foreign Trade and Economic Cooperation, issued on November 8, 2001)  
 
• Notice Regarding the 2009 Tariff Implemen tation Program (State Council Tariff Policy 
Commission, shuiweihui (2008) No. 40, January 1, 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, 
November 29, 2003)  
 
• Notice Regarding Printing and Distributio n of Several Regulations for Personnel 
Management of Chambers of Commerce fo r Importers and Exporters (Ministry of 
Foreign Trade and Economic Cooperation, September 23, 1994) 
 
• Notice for the Adjustment of the Catalogue of Export Products Subject to Price Review 
by Customs (Ministry of Foreign Trade and Economic Cooperati on and the General 
Administration of Customs, waijingmaomaofa (2002) No. 187, May 1, 2002) 
 
• Quotas of Fluorspar Lump (Powder) of 2009 (Committee for the Invitation for bid for 
Export Commodity Quotas, December 11, 2008) 
 
• Quotas of Bauxite of 2009 (Committee for the Invitation for bid for Export Commodity 
Quotas, December 10, 2008) 
 
• Quotas of Silicon Carbide of 2009 (Committee for the Invitation for bid for Export 
Commodity Quotas, December 11, 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, a nd 11.3 of Part I of the Prot ocol on the Accession of the 
People's Republic of China ("Accession Prot ocol"), as well as China's obligations under 
the provisions of paragraph 1.2 of Part 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 impa ir the benefits accruing to the United States 
directly or indirectly under the cited agreements. 
 
 We look forward to receiving your reply to the present request and to fixing a mutually 
convenient date for consultations.  
__________