WORLD TRADE  
ORGANIZATION  WT/DS395/1 
G/L/889 25 June 2009 
 
 
(09-3134) 
 Original:   English 
  
 
CHINA – MEASURES RELATED TO THE EXPORTATION  
OF VARIOUS RAW MATERIALS 
 
Request for Consultations by the European Communities
 
 
 
 The following communication, dated 23 June 2009, from the delegation of the European 
Communities to the delegation of China and to th e 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"). 
 
                                                      
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 (2008) No. 100, 1 January 2009) ("2009 Export Licensing List") and/or 
Table 7 of Notice of the State Council Tariff Policy Commission Regarding the 2009 Tariff Implementation 
Program (State Council Tariff Policy Commission, shuiweihui 2008 No. 40, 1 January 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 falling 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/DS395/1 
G/L/889 Page 2 
 
 
   China imposes quantitative restrictions on the export of bauxite, coke, fluorspar, silicon 
carbide and zinc.   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 must satisfy; and requiring exporters to pay fees. 
China administers these requirements and procedur es through its ministries and other organisations 
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 organisations 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 Nati onal 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 Nationa l 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 forty-sixth 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 Export Co mmodities Quotas (Order of the Ministry 
of Foreign Trade and Economic Cooperati on No. 12, adopted on 20 December 2001, 1 
January 2002)  
• Measures of Quota Bidding for Export Commodities (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 Economic 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/DS395/1 
 G/L/889 
 Page 3 
 
 
  • 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 29 October 2003, 1 January 2004) 
• Provisional Measures on Customs Price Examina tion 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 Administration of Customs, 1 February 1995) 
• Measures for the Administration over Foreign Trade and Economic Social Organisations 
(Ministry of Foreign Trade and Econo mic Cooperation, 26 February 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 Cooperation, 20 March 1996) 
• Working Rules on Issuing Export Licences (M inistry 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 Cooperati on, 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 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, 1 January 2009) 
• Notice Regarding Passing Down the 2009 Firs t Batch Regular Trade Coke Export Quota 
(Ministry of Commerce, shangmaoha n (2008) No. 140, 1 January 2009) 
• 2009 Coke Export Quota Declaration Conditions  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 Licen ce 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/DS395/1 
G/L/889 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 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, 9 June 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 Coopera tion, 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 Distributio n 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 Foreign Trade and Economic Cooperati on and the General 
Administration of Customs, waijingmaomaof a (2002) No. 187, effective 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 for th e Invitation for Bid for Export Commodity 
Quotas, 10 December 2008) 
• Quotas of Silicon Carbide of 2009 (Committee 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 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 a nd 165 of the Report of the Working Party on 
the Accession of China) and its commitments referred to in paragraph 342 of the 
Working Party Report. 
 China's measures also appear to nullify or impair the benefits accruing to the European 
Communities directly or indirec tly under the cited agreements.  WT/DS395/1 
 G/L/889 
 Page 5 
 
 
   The European Communities reserves the right  to address additional measures and claims 
regarding the above matters in the course of the consultations. 
  The European Communities looks forward to receiving China's reply in due course to this 
request for consultations. The European Communiti es is ready to consider with China mutually 
convenient dates for consultations in Geneva. 
 
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