Updated December 2016

Page 1 of 3

WTO Cases Brought by China against the United States

No. Title Request for 

Consultations

Panel Report Appellate 

Body 

Report

Status

DS252 Definitive Safeguard 

Measures on Imports of 

Certain Steel Products

March 26, 2002 July 11, 2003 November 

10, 2003

Panel found in favor of China. United States 

terminated all safeguard measures subject to the 

dispute in December 2003.

DS368 Preliminary Antidumping 

and Countervailing Duty 

Determinations on 

Coated Free Sheet 

Paper from China

September 14, 

2007

Negative U.S. International Trade Commission 

determination terminated the countervailing duty 

investigation, which rendered continuation of this case 

unnecessary.

DS379 Definitive Antidumping 

and Countervailing 

Duties on Certain 

Products from China

September 19, 

2008

October 22, 

2010

March 11, 

2011

Appellate Body upheld some but not all of China’s 

claims. The United States agreed to implement Panel 

recommendations by April 25, 2012. As of September 

2012, China said that it did not agree with the U.S.

claim that it had fully complied with the 

recommendations and rulings.

DS392 Certain Measures 

Affecting Imports of 

Poultry from China

April 17, 2009 September 29, 

2010

N/A The Panel found in favor of China, but it did not 

recommend that the United States bring the measure 

at issue (Section 727) into conformity with its 

obligations under the SPS Agreement and the GATT 

1994, because Section 727 had already expired.

DS399 Measures Affecting 

Imports of Certain 

Passenger Vehicle and 

Light Truck Tires from 

China

September 14, 

2009

December 13, 

2010

September 

5, 2011

The Panel rejected China’s claims, and the Appellate

Body upheld the Panel findings.

DS422 Anti-Dumping Measures 

on Shrimp and Diamond 

Sawblades from China

February 28, 

2011

June 8, 2012 N/A The Panel upheld China’s claims. The United States 

agreed to implement the Panel rulings by March 23, 

2013.
Updated December 2016

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No. Title Request for 

Consultations

Panel Report Appellate 

Body 

Report

Status

DS437 Countervailing Duty 

Measures on Certain 

Products from China*

May 25, 2012 July 14, 2014 December 

18, 2014

The Panel issued a mixed ruling, rejecting some 

China’s claims, but finding that the United States 

acted inconsistently with some of its obligations under 

the WTO. China appealed the decision, and the 

Appellate Body reversed several of the Panel’s 

findings. In May 2016, China requested consultations 

over the alleged failure by the United States to 

implement the DSB ruling. A compliance panel was 

established in July 2016; the report is expected in the 

second half of 2017.

DS449 Countervailing and Antidumping Measures on 

Certain Products from 

China†

September 17, 

2012

March 27, 2014 The Panel upheld U.S. Public Law (PL) 112‐99 

entitled “An act to apply the countervailing duty 

provisions of the US Tariff Act of 1930 to nonmarket 

economy countries, and for other purposes,” but 

found that the United States acted inconsistently with 

its obligations in failing to investigate whether “double 

remedies” arose in proceedings at issue.

DS471 Anti-Dumping 

Methodologies

December 3, 

2013

October 19, 

2016

China requested consultations with the United States 

regarding the use of certain methodologies in antidumping investigations, including zeroing, involving 

Chinese products. The Panel issued a mixed ruling 

finding many, though not all, of the U.S. practices 

China challenged to be inconsistent with WTO rules. 

In November 2016, China notified the DSB of its 

decision to appeal certain findings. 

 

* The products are solar panels; wind towers; thermal paper; coated paper; tow behind lawn groomers; kitchen shelving; steel sinks; citric acid; magnesia carbon 

bricks; pressure pipe; line pipe; seamless pipe; steel cylinders; drill pipe; oil country tubular goods; wire strand; and aluminum extrusions.

† China’s claims relate to the imposition or collection of duties in connection with investigations or reviews initiated between November 20, 2006 and March 13, 

2012. See WTO, “United States – Countervailing and Antidumping Measures on Certain Products from China,” request for consultations by China, WTO 

WT/DS449/1 (Geneva, Switzerland: September 20, 2012). https://docs.wto.org/dol2fe/Pages/FE_Search/FE_S_S009-

Html.aspx?Id=53282&BoxNumber=3&DocumentPartNumber=1&Language=E&Window=L&PreviewContext=DP&FullTextSearch=#KV_GENERATED_FILE_0000

07.htm. 
Updated December 2016

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No. Title Request for 

Consultations

Panel Report Appellate 

Body 

Report

Status

DS515 Measures Related to 

Price Comparison 

Methodologies

December 12, 

2016

In consultations; 

panel not yet 

formed

China’s complaint alleges the United States has failed 

to treat Chinas as a market economy for the purposes

of calculating antidumping duties.*

Source: WTO; compiled by Commission staff. Click on case number to view up-to-date information from the WTO Dispute Settlement Body. Current as of December 2016.

 

* The case is related to the expiration on December 11, 2016 of a provision in China’s WTO accession protocol that allowed its trade partners to automatically treat 

China as a non-market economy when calculating dumping margins. China argues it is now automatically entitled to be treated as a market economy, while the 

United States says there is no automaticity. China filed a similar case against the European Union: 

https://www.wto.org/english/tratop_e/dispu_e/cases_e/ds516_e.htm.