UNITED STATES – COUNTERVAILING DUTY MEASURES ON CERTAIN PRODUCTS FROM CHINA RECOURSE TO ARTICLE 21.5 OF THE DSU BY CHINA REQUEST FOR CONSULTATIONS
Document: REQUEST FOR CONSULTATIONS
Date: 23 May 2016
Document codes: WT/DS437/20
Complainant: China
Respondent: U.S.
Third parties: Australia, Brazil, Canada, EU, India, Japan, South Korea, Norway, Russia, Turkey, Vietnam, Saudi Arabia
Dispute stage: Implementation & Compliance
Agreements cited: Art. 11.1, 11.2, 11.3, 1.1(a)(1), 2, 1.1(b), 14(d), 12.7, 1.1, 10, 32.1  Subsidies and Countervailing Measures (SCM)Art. VI, XXIII  GATT 1994Art. 30  Subsidies and Countervailing Measures (SCM)Art. 15  Protocol of Accession

UNITED STATES – COUNTERVAILING DUTY MEASURES ON
CERTAIN PRODUCTS FROM CHINA
RECOURSE TO ARTICLE 21.5 OF THE DSU BY CHINA
REQUEST FOR CONSULTATIONS
The following communication, dated 13 May 2016, from the delegation of China to the delegation
of the United States and to the Chairperson of the Dispute Settlement Body, is circulated in
accordance with Article 21.5 of the DSU.

My authorities have instructed me to request consultations with the Government of the
United States pursuant to Articles 4 and 21.5 of the Understanding on Rules and Procedures
Governing the Settlement of Disputes ("DSU"), Ar ticle XXII of the General Agreement on Tariffs
and Trade 1994 ("GATT 1994"), Article 30 of the Agreement on Subsidies and Countervailing
Measures ("SCM Agreement"), and paragraph 1 of the agreement between China and the United
States dated 15 April 2016 concerning "Agreed Procedures under Articles 21 and 22 of the Dispute
Settlement Understanding" ("sequencing agreement" ), with respect to the failure of the United
States to implement the recommendations and rulin gs of the Dispute Settlement Body (“DSB”) in
this dispute.
I. BACKGROUND
2. On 16 January 2015, the DSB adopted the Appellate Body Report and the Panel Report, as
modified by the Appellate Body Report, in United States – Countervailing Duty Measures on
Certain Products from China (WT/DS437). The measures at issue included 17 countervailing duty
investigations initiated by the United States Department of Commerce ("USDOC") between
2007 and 2012.
1 The measures at issue also included the "rebuttable presumption" established by
the USDOC that all Chinese state-owned enterprises ("SOEs") are public bodies within the meaning
of Article 1.1(a)(1) of the SCM Agreement.
3. The DSB found that:
(i) The United States acted inconsistently with Article 1.1(a)(1) of the SCM Agreement
when the USDOC found that SOEs were public bodies in the Pressure Pipe, Line Pipe,
Lawn Groomers, Kitchen Shelving, OCTG, Wire Strand, Seamless Pipe, Print Graphics,
Drill Pipe, Aluminum Extrusions, Steel Cylinders, and Solar Panels investigations.
(ii) The USDOC's policy, articulated in Kitchen Shelving, to presume that a majority
government-owned entity is a public body, is inconsistent, as such, with the
obligations of the United States under Article 1.1 of the SCM Agreement.

1 For ease of reference, China will refer to these investigations using the short titles set forth in
paragraph 7.1 of the Panel Report. China will refer to these investigations, the resulting countervailing duty
orders, and all successive measures by which the United States imposes, assesses, or collects countervailing
duties under these orders, including subsequent periodic and sunset reviews relating to these orders, as the
"proceedings at issue".

(iii) The United States acted inconsistently with Articles 1.1(b) and 14(d) of the
SCM Agreement when the USDOC rejected in-country prices in China as benefit
benchmarks in the OCTG, Solar Panels, Pressure Pipe, and Line Pipe investigations.
(iv) The United States acted inconsistently with the last sentence of Article 2.1(c) of
the SCM Agreement when the USDOC failed to take into account the two factors
listed therein in the Pressure Pipe, Line Pipe, Lawn Groomers, Kitchen Shelving,
OCTG, Wire Strand, Seamless Pipe, Print Graphics, Drill Pipe, Aluminum
Extrusions, Steel Cylinders, and Solar Panels investigations.
(v) The United States acted inconsistently with Article 2.2 of the SCM Agreement when
the USDOC made positive determinations of regional specificity concerning alleged
subsidies for land-use rights in the Line Pipe, Thermal Paper, Citric Acid, OCTG,
Wire Strand, and Seamless Pipe investigations.
(vi) The United States acted inconsistently with its obligations under Article 11.3 of the
SCM Agreement when the USDOC initiated investigations in respect of certain
export restraints in the Magnesia Bricks and Seamless Pipe investigations.
(vii) As a consequence of the inconsistencies of the USDOC's actions with Articles 1, 2,
11, and 14 of the SCM Agreement, the United States acted inconsistently with
Articles 10 and 32.1 of the SCM Agreement.
4. On 13 February 2015, the United States announced its intention to implement the DSB's
recommendations and rulings, and stated that it wo uld need a reasonable period of time in which
to do so.
5. Pursuant to Article 21.3(b) of the DSU, the parties held consultations over a period of
several months regarding the length of the reasonable period of time. On 26 June 2015, when the
parties had failed to reach agreement, China requested that the reasonable period of time be
determined through binding arbitration pursuant to Article 21.3(c) of the DSU. In an award issued
on 9 October 2015, the arbitrator determined the re asonable period of time to be 14 months and
16 days. Consequently, the reasonable period of time for the United States to comply expired on
1 April 2016.
6. The USDOC initiated compliance proceedings pu rsuant to Section 129 of the Uruguay Round
Agreements Act ("URAA") on 27 April 2015, nearly th ree and a half months after the adoption of
the Panel and Appellate Body reports in this matter.
2 Between 1 May 2015 and 22 July 2015, the
USDOC issued a series of questionnaires to interested parties in the Section 129 proceedings. It
was not until 23 February 2016 that the USDOC issued the first of a series of preliminary
determinations concerning the issues that the United States was required to re-examine in light of
the recommendations and rulings of the DSB. The USDOC issued the last of these preliminary
determinations on 7 March 2016.
7. As of the present date, the USDOC has issued final Section 129 determinations in the
Thermal Paper, Citric Acid, Lawn Groomers, Kitchen Shelving, Wire Strand, Print Graphics,
Aluminum Extrusions, and Steel Cylinders Section 129 proceedings, and the United States Trade
Representative ("USTR") has directed the USDOC to implement those determinations under U.S.
law. The USDOC has also issued final Section 129 determinations in the Magnesia Bricks and
Seamless Pipe Section 129 proceedings. The USDOC has issued preliminary Section 129
determinations in the Pressure Pipe, Line Pipe, OCTG, and Solar Panels Section 129 proceedings,
but has yet to issue final Section 129 determinations in those proceedings.
3 Details of the
preliminary and final Section 129 determinations are set forth in Annex 2.

2 China will refer to these proceedings as the "Section 129 proceedings".
3 On 30 March 2016, the United States informed China that it would not issue and adopt all of the final
Section 129 determinations by 1 April. The United States requested a two-month extension of the RPT, which
China declined to accept. As described above, the RPT in this matter was established by arbitration pursuant
to Article 21.3(c) of the DSU. The RPT of 14 months and 16 days was already significantly longer than the RPT
that China considered reasonable in this matter. Moreover, there were long periods of time (e.g. between July
and December 2015) in which the USDOC made no apparent progress toward compliance.

8. On 15 April 2016, China and the United States concluded an agreement on the procedures
under Articles 21 and 22 of the DSU that would apply between them for the purposes of this
dispute. Paragraph 2 of that agreement provid es that the United States will accept the
establishment of a panel at the first DSB meeting at which China's panel request appears on the
agenda.
II. MEASURES AT ISSUE
9. The measures at issue in this request include the measures identified in China's original
request for establishment of a panel (WT/DS437/2) (21 August 2012), to the extent that the DSB
made recommendations and rulings in respect of those measures. Those measures are set forth in
Annex 1. The measures at issue also include the preliminary and final Section 129 determinations
set forth in Annex 2, as well as any subsequent closely connected measures that the United States
issues or adopts in the Section 129 proceedings, including any additional final Section 129
determinations that the United States issues or adopts in those proceedings.
10. The measures include the original final countervailing duty determination of the USDOC in
Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, from the People's
Republic of China, as well as the countervailing order in that investigation.
4
11. The measures at issue include, both as measures of general and prospective application and
as measures relating to the proceedings at issue: (i) the so-called "Public Bodies Memorandum" 5;
and (ii) the "Benefit (Market Distortion) Memorandum".6
12. This request also concerns subsequent periodic and sunset reviews of the countervailing
duty orders in the proceedings at issue. Details of the periodic review determinations are set forth
in Annex 3, and details of the sunset review determinations are set forth in Annex 4. This request
encompasses any other subsequent closely connected measure relating to the countervailing duty
orders in the proceedings at issue, including subsequent periodic review determinations and
subsequent sunset review determinations.
13. Since the expiration of the RPT, the United States has maintained and issued instructions
and notices in the proceedings at issue to im pose, assess, and collect cash deposits and
countervailing duties at the rate(s) established in the original investigation or, in the case of
countervailing duty orders for which there has been a subsequent periodic review, at the
countervailing duty rate(s) established for a particul ar period (or periods) of review. This request
encompasses all such instructions and notices by which the United States imposes, assesses,
and/or collects cash deposits and countervailing du ties in the proceedings at issue. This request

Under Section 129(b)(2) of the URAA, the USDOC is required to issue all final Section 129
determinations no later than 11 June 2016. Section 129(b)(2) requires the USDOC to issue compliance
determinations within 180 days of the formal initiation of Section 129 proceedings. The USDOC did not
formally initiate the Section 129 proceedings relating to the original measures at issue until 14 December
2015. It is unclear to China why the United States did not formally initiate the Section 129 proceedings so as
to achieve compliance by 1 April 2016, i.e. the end of the RPT. In any event, the timelines established for
Section 129 proceedings under U.S. law have no bearing upon the obligation of the United States to have
complied with the recommendations and rulings of the DSB no later than 1 April 2016.
4 Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, from the People's
Republic of China: Final Affirmative Countervailing Duty Determination and Final Affirmative Critical
Circumstances Determination, 77 Federal Register 63788 (17 October 2012), and unpublished Issues and
Decision Memorandum pertaining to same; Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled
Into Modules, from the People's Republic of China: Countervailing Duty Order, 77 Federal Register 73017 (7
December 2012).
5 USDOC memorandum regarding "Section 129 Determination of the Countervailing Duty Investigation
of Circular Welded Carbon Quality Steel Pipe; Light-Walled Rectangular Pipe and Tube; Laminated Woven
Sacks; and Off-the-Road Tires from the People's Republic of China: An Analysis of Public Bodies in the People's
Republic of China in Accordance with the WTO Appellate Body's Findings in WTO DS379" (18 May 2012)
("Public Bodies Memorandum"). The Public Bodies Memorandum includes the appended USDOC memorandum
regarding "The relevance of the Chinese Communist Party for the limited purpose of determining whether
particular enterprises should be considered to be 'public bodies' within the context of a countervailing duty
investigation" (18 May 2012) ("CCP Memorandum").
6 USDOC memorandum regarding "Section 129 Proceeding: United States – Countervailing Duty
Measures on Certain Products from the People's Republic of China (WTO/DS437); Benefit (Market Distortion)
Memorandum" (7 March 2016) ("Benefit (Market Distortion) Memorandum").

also encompasses the ongoing conduct by the United States of imposing, assessing, and/or
collecting cash deposits and countervailing duties in the proceedings at issue.
14. Pursuant to Section 129(e) of the URAA, 19 U.S.C. § 1516a(a)(2), interested parties may
seek judicial review of Section 129 determinations for which the USDOC publishes a notice of
implementation under Section 129(c) of the URAA, 19 U.S.C. § 3538(c). Requests for judicial
review must be filed within 30 days of the publicat ion of such notice. Such actions can result in
reversal or modification of a Section 129 determination, and/or a delay in its implementation. To
the extent that an interested party seeks judicial review of any of the Section 129 determinations
set forth in Annex 2, or any subsequent Sectio n 129 determination that the USDOC may issue in
the Section 129 proceedings, the measures include, as an omission, the failure of the United
States to implement measures that achieve full, final, and effective compliance with the
recommendations and rulings of the DSB no later than the expiration of the RPT.
III. CLAIMS
15. As detailed in this Part III, China's claims in respect of the measures at issue concern the
continued and ongoing application by the USDOC of unlawful standards and methodologies for
determining financial contribution, specificity, and benefit in respect of the alleged provision of
inputs and land-use rights for less than adequate remuneration. The USDOC has applied unlawful
standards and methodologies for these purposes both in the Section 129 determinations and in
periodic review determinations in the proceedings at issue, and will continue to do so. China's
claims also concern certain other violations of the covered agreements as detailed below.
A. Public Body
16. China considers that the original final determination in the Solar Panels investigation is
inconsistent with Articles 1.1(a)(1) of the SCM Agreement because as the DSB found in respect of
the preliminary determination in the same investigation, the USDOC applied an incorrect legal
standard for determining whether certain entities were public bodies within the meaning of that
provision.
17. China considers that the preliminary and final Section 129 determinations in the Pressure
Pipe, Line Pipe, Lawn Groomers, Kitchen Shelving, OCTG, Wire Strand, Seamless Pipe, Print
Graphics, Aluminum Extrusions, Steel Cylinders, and Solar Panels Section 129 proceedings are
inconsistent with Article 1.1(a)(1) of the SCM Agreement because they conclude that enterprises
with full or majority government ownership, enterprises with less than majority government
ownership, and wholly private enterprises (colle ctively, "Chinese commercial enterprises") are
public bodies based on an erroneous interpretation of this term and in the absence of any evidence
that these enterprises possess, exercise, or are ve sted with governmental authority pertaining to
the provision of the relevant input(s).
18. China considers that the periodic review determinations identified in Annex 3 are
inconsistent with Article 1.1(a)(1) of the SCM Agreement because they conclude that Chinese
commercial enterprises are public bodies based on an erroneous interpretation of this term and in
the absence of any evidence that these enterprises possess, exercise, or are vested with
governmental authority pertaining to the provision of the relevant input(s). This claim relates to
the specific periodic review determinations and inputs identified in the "public body" column of
Annex 3.
19. To the extent that any of the public body de terminations identified in paragraphs 16-18 are
based in whole or in part on "facts available", these determinations are additionally inconsistent
with Article 12.7 of the SCM Agreement because they are based on an erroneous interpretation of
the term "public body" in Article 1.1(a)(1) of the SCM Agreement and because the USDOC
identified no evidence on the record that the en terprises at issue possess, exercise, or are vested
with governmental authority pertaining to the provision of the relevant input(s).
20. China considers that the Public Bodies Memorandum is inconsistent, as such, with
Article 1.1(a)(1) of the SCM Agreement because it concludes that Chinese commercial enterprises
are public bodies based on an erroneous interpre tation of this term and in the absence of any

evidence that these enterprises possess, exercise, or are vested with governmental authority
pertaining to the provision of a financial contribution.
B. Input Specificity
21. China considers that the original final determination in the Solar Panels investigation is
inconsistent with Article 2.1(c) of the SCM Agreement for the same reasons that the DSB identified
in respect of the preliminary determination in that investigation.
22. China considers that the USDOC's preliminary and final input specificity determinations in
the Pressure Pipe, Line Pipe, Lawn Groomers, Kitchen Shelving, OCTG, Wire Strand, Seamless
Pipe, Print Graphics, Aluminum Extrusions, Steel Cylinders, and Solar Panels Section 129
proceedings are inconsistent with Article 2.1(c) of the SCM Agreement because the USDOC did not
properly identify the existence or duration of a "subsidy programme", as this term is properly
interpreted, and therefore had no basis to evaluate "the length of time during which the subsidy
programme has been in operation". To the extent that any of the foregoing input specificity
determinations are based on "facts available", th ese determinations are additionally inconsistent
with Article 12.7 of the SCM Agreement because the USDOC misinterpreted the term "subsidy
programme", and because the USDOC identified no evidence on the record to substantiate the
existence or duration of a "subsidy programme" and therefore had no basis to evaluate "the length
of time during which the subsidy programme has been in operation".
23. China considers that the periodic review determinations identified in Annex 3 are
inconsistent with Article 2.1(c) of the SCM Agreement because the USDOC failed to take into
account the factors set forth in the last sentence of that provision. This claim relates to the
specific periodic review determinations and inputs identified in the "input specificity" column of
Annex 3.
C. Land Specificity
24. China considers that the USDOC's preliminary and final land specificity determinations in the
Thermal Paper, Line Pipe, Citric Acid, OCTG, Wire Strand, and Seamless Pipe Section 129
proceedings are inconsistent with Articles 2.2 and 2.4 of the SCM Agreement because the USDOC
did not clearly substantiate on the basis of positi ve evidence that the alleged land use subsidies
are limited to certain enterprises located within a designated geographical region within the
jurisdiction of the granting authority. To the extent that any of the foregoing land specificity
determinations are based on "facts available", th ese determinations are additionally inconsistent
with Article 12.7 of the SCM Agreement because the USDOC identified no evidence on the record
to conclude that the alleged land use subsidies are limited to certain enterprises located within a
designated geographical region within the jurisdiction of the granting authority.
D. Benefit
25. China considers that the original final determination in the Solar Panels investigation is
inconsistent with Articles 1.1(b) and 14(d) of the SCM Agreement for the same reasons that the
DSB identified in respect of the preliminary determination in that investigation.
26. China considers that the preliminary benchmark determinations in the OCTG, Solar Panels,
Pressure Pipe, and Line Pipe Section 129 proceedi ngs are inconsistent with Articles 1.1(b) and
14(d) of the SCM Agreement because they erroneously conclude that domestic Chinese prices for
the inputs at issue are not "market" prices within the meaning of that provision. China further
considers that these preliminary benchmark determ inations are inconsistent with Article 32.1 of
the SCM Agreement because they constitute a specific action against subsidization not in
accordance with the provisions of the SCM Agreement insofar as the USDOC relies on subsidies
allegedly provided to upstream input producers as a factor to support its finding of "distortion".
27. China considers that the periodic review determinations identified in Annex 3 are
inconsistent with Articles 1.1(b) and 14(d) of the SCM Agreement because they erroneously
conclude that domestic Chinese prices for the inputs at issue are "distorted" and therefore
unsuitable as benchmarks for evaluating the adequacy of remuneration. This claim relates to the
specific periodic review determinations and inputs identified in the "benefit" column of Annex 3.

28. To the extent that the benchmark determinations identified in paragraphs 25-27 are based
in whole or in part on "facts available", the determinations are additionally inconsistent with Article
12.7 of the SCM Agreement because they are based on a misinterpretation of Article 14(d) of the
SCM Agreement, and because the USDOC identified no evidence on the record to support the
conclusion that domestic Chinese prices for the inputs at issue are "distorted" or are not "market"
prices.
29. China considers that the Benefit (Market Distortion) Memorandum is inconsistent, as such,
with Articles 1.1(b) and 14(d) of the SCM Agreement because it erroneously concludes that
domestic Chinese prices are not "market" prices within the meaning of that provision.
E. Other
30. In respect of the periodic review determinations identified in Annex 3 pertaining to the
Magnesia Bricks countervailing duty order, China considers that the United States has continued to
act inconsistently with Article 11.3 of the SC M Agreement by including within the so-called
"adverse facts available rate" the alleged export restraint subsidy that the DSB found had been
improperly initiated in the original investigation. China further considers that the United States
has acted inconsistently with Article 12.7 of the SCM Agreement by including within the so-called
"adverse facts available rate" the alleged export restraint subsidy that the USDOC revoked in its
preliminary export restraints determination in the Section 129 proceedings.
31. In respect of the sunset review determinations identified in Annex 4, China considers that
these determinations are inconsistent with Article 21.3 of the SCM Agreement because they rely on
prior determinations of subsidization contained in either or both of (i) original investigation
determinations that were found inconsistent with relevant provisions of the SCM Agreement for the
reasons set forth in the recommendations and rulings of the DSB, the deficiencies of which have
not been remedied by the Section 129 determinations; or (ii) subsequent periodic review
determinations that China considers to be inconsistent with relevant provisions of the
SCM Agreement for the reasons set forth in paragraphs 18-19, 23, and 27-28 above.
32. Since the expiration of the RPT, in the proceedings at issue, the United States has
improperly continued to impose, assess, and/or collect cash deposits and countervailing duties in
excess of the amount of the subsidy properly determined to exist in accordance with the provisions
of the SCM Agreement, for the reasons detailed in th is Part III. China considers that this ongoing
conduct is inconsistent with:
(i) The provisions of Articles 1, 2, 11, 12, and 14 of the SCM Agreement identified in
Part III.A to Part III.E in relation to specific Section 129 determinations and
periodic review determinations, because the cash deposits and countervailing
duties that the United States continues to impose, assess, and/or collect in the
proceedings at issue are inconsistent with those provisions for the reasons detailed
therein;

(ii) Article 19.1 of the SCM Agreement, because the United States is impose
countervailing duties not in accordance with the provisions of Article 19 of the
SCM Agreement;

(iii) Article 19.3 of the SCM Agreement, because the United States is not levying
countervailing duties in the appropriate amounts in each case; and

(iv) Article 19.4 of the SCM Agreement and Article VI:3 of the GATT 1994, because the
United States is levying countervailing duties in excess of the amount of the
subsidy found to exist.
33. With respect to the measure identified in paragraph 14, China considers that the
United States has acted inconsistently with Articles 3.3, 21.1 and 21.3 of the DSU by failing to
achieve full, final, and effective compliance with the recommendations and rulings of the DSB no
later than the expiration of the RPT.

IV. CONCLUSION
34. China reserves its rights in respect of a ll other aspects of the United States' purported
compliance with the recommendations and rulings of the DSB in this matter, and reserves it right
to raise further factual and legal issues during the course of consultations.
35. China looks forward to receiving a response to the present request from the United States
and to establishing a mutually convenient date for consultations.

Annex 1
DS437 Original Measures at Issue Found to Be Inconsistent
Investigation C-570-921 ("Thermal Paper")
 Lightweight Thermal Paper From the People's Republic of China : Final Affirmative
Countervailing Duty Determination, 73 Federal Register 57323 (2 October 2008).
 Lightweight Thermal Paper From the People's Republic of China : Notice of Amended Final
Affirmative Countervailing Duty Determination and Notice of Countervailing Duty Order, 73 Federal
Register 70958 (24 November 2008).
Investigation C-570-931 ("Pressure Pipe")
 Circular Welded Austenitic Stainless Pressure Pipe from the People's Republic of China : Final
Affirmative Countervailing Duty Determination, 74 Federal Register 4936 (28 January 2009).
 Circular Welded Austenitic Stainless Pressure Pipe from the People's Republic of China:
Countervailing Duty Order, 74 Federal Register 11712 (19 March 2009).
Investigation C-570-936 ("Line Pipe")
 Certain Circular Welded Carbon Quality Steel Line Pipe from the People's Republic of China :
Final Affirmative Countervailing Duty Determination, 73 Federal Register 70961 (24 November
2008).
 Certain Circular Welded Carbon Quality Steel Line Pipe from the People's Republic of China :
Notice of Amended Final Affirmative Countervailing Duty Determination and Notice of
Countervailing Duty Order, 74 Federal Register 4136 (23 January 2009).
Investigation C-570-938 ("Citric Acid")
 Citric Acid and Certain Citrate Salts From the People's Republic of China : Final Affirmative
Countervailing Duty Determination, 74 Federal Register 16836 (13 April 2009).
 Citric Acid and Certain Citrate Salts From the People's Republic of China : Notice of
Countervailing Duty Order, 74 Federal Register 25705 (29 May 2009).
Investigation C-570-940 ("Lawn Groomers")
 Certain Tow Behind Lawn Groomers and Certain Parts Thereof from the People's Republic of
China: Final Affirmative Countervailing Duty Determ ination, 74 Federal Register 29180 (19 June
2009).
 Certain Tow Behind Lawn Groomers and Certain Parts Thereof from the People's Republic of
China: Countervailing Duty Order, 74 Federal Register 38399 (3 August 2009).
Investigation C-570-942 ("Kitchen Shelving")
 Certain Kitchen Appliance Shelving and Racks from the People's Republic of China : Final
Affirmative Countervailing Duty Determinatio n, 74 Federal Register 37012 (27 July 2009)
(including the "rebuttable presumption" that a majority government-owned entity is a "public
body", articulated therein).
 Certain Kitchen Appliance Shelving and Racks from the People's Republic of China:
Countervailing Duty Order, 74 Federal Register 46973 (14 September 2009).

Investigation C-570-944 ("OCTG")
 Certain Oil Country Tubular Goods from the People's Republic of China : Final Affirmative
Countervailing Duty Determination, Final Negative Critical Circumstances Determination, 74
Federal Register 64045 (7 December 2009).
 Certain Oil Country Tubular Goods from the People's Republic of China : Amended Final
Affirmative Countervailing Duty Determination an d Countervailing Duty Order, 75 Federal Register
3203 (20 January 2010).
Investigation C-570-946 ("Wire Strand")
 Pre-Stressed Concrete Steel Wire Strand from the People's Republic of China : Final
Affirmative Countervailing Duty Determination, 75 Federal Register 28557 (21 May 2010).
 Pre-Stressed Concrete Steel Wire Strand from the People's Republic of China : Notice of
Amended Final Affirmative Countervailing Duty Determination and Notice of Countervailing Duty
Order, 75 Federal Register 38977 (7 July 2010).
Investigation C-570-955 ("Magnesia Bricks")
 Certain Magnesia Carbon Bricks From the People's Republic of China : Final Affirmative
Countervailing Duty Determination, 75 Federal Register 45472 (2 August 2010).
 Certain Magnesia Carbon Bricks from the People's Republic of China : Countervailing Duty
Order, 75 Federal Register 57442 (21 September 2010).
Investigation C-570-957 ("Seamless Pipe")
 Certain Seamless Carbon and Alloy Steel Standard, Line, and Pressure Pipe from the
People's Republic of China : Final Affirmative Countervailing Duty Determination, Final Affirmative
Critical Circumstances Determination, 75 Federal Register 57444 (21 September 2010).
 Certain Seamless Carbon and Alloy Steel Standard, Line, and Pressure Pipe from the
People's Republic of China : Amended Final Affirmative Countervailing Duty Determination and
Countervailing Duty Order, 75 Federal Register 69050 (10 November 2010).
Investigation C-570-959 ("Print Graphics")
 Certain Coated Paper Suitable for High-Quality Print Graphics Using Sheet-Fed Presses From
the People's Republic of China: Final Affirmative Countervailing Duty Determination, 75 Federal
Register 59212 (27 September 2010).
 Certain Coated Paper Suitable for High-Quality Print Graphics Using Sheet-Fed Presses From
the People's Republic of China : Amended Final Affirmative Countervailing Duty Determination and
Countervailing Duty Order, 75 Federal Register 70201 (17 November 2010).
Investigation C-570-966 ("Drill Pipe")
 Drill Pipe From the People's Republic of China : Final Affirmative Countervailing Duty
Determination, Final Affirmative Critical Circumstances Determination, 76 Federal Register 1971
(11 January 2011).
 Drill Pipe From the People's Republic of China : Countervailing Duty Order, 76 Federal
Register 11758 (3 March 2011).
Investigation C-570-968 ("Aluminum Extrusions")
 Aluminum Extrusions From the People's Republic of China : Final Affirmative Countervailing
Duty Determination, 76 Federal Register 18521 (4 April 2011).

 Aluminum Extrusions From the People's Republic of China : Countervailing Duty Order, 76
Federal Register 30653 (26 May 2011).
Investigation C-570-978 ("Steel Cylinders")
 High Pressure Steel Cylinders From the People's Republic of China : Initiation of
Countervailing Duty Investigation, 76 Federal Register 33239 (8 June 2011).
 High Pressure Steel Cylinders From the People's Republic of China : Final Affirmative
Countervailing Duty Determination, 77 Federal Register 26738 (7 May 2012).
 High Pressure Steel Cylinders From the People's Republic of China : Countervailing Duty
Order, 77 Federal Register 37384 (21 June 2012).
Investigation C-570-980 ("Solar Panels")
 Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the
People’s Republic of China: Initiation of Countervailing Duty Investigation, 76 Federal Register
70966 (16 November 2011).
 Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the
People’s Republic of China: Preliminary Affirmative Countervailing Duty Determination, 77 Federal
Register 17439 (26 March 2012).

Annex 2
DS437 Preliminary and Final Section 129 Determinations
Preliminary Section 129 Determinations Date Affected Section 129 Proceedings
Input Specificity: Preliminary Analysis of the
Diversification of Economic Activities and Length of
Time
31-Dec-15 Pressure Pipe, Line Pipe, Lawn Groomers, Kitchen Shelving, OCTG, Wire
Strand, Seamless Pipe, Print Graphics, Drill Pipe, Aluminum Extrusions,
Steel Cylinder, and Solar Panels
Section 129 Proceeding: United States –
Countervailing Duty Measures on Certain Products
from the People’s Republic of China (WTO/DS437):
Preliminary Determination Regarding Export
Restraints
23-Feb-16 Magnesia Bricks and Seamless Pipe
Section 129 Proceeding: United States –
Countervailing Duty Measures on Certain Products
from the People’s Republic of China (WTO/DS437):
Preliminary Determination Regarding Land
Specificity
24-Feb-16 Thermal Paper, Line Pipe, Citric Acid, OCTG, Wire Strand, and Seamless
Pipe
Preliminary Determination of Public Bodies and
Input Specificity
25-Feb-16 Pressure Pipe, Line Pipe, Lawn Groomers, Kitchen Shelving, OCTG, Wire
Strand, Seamless Pipe, Print Graphics, Drill Pipe, Aluminum Extrusions,
Steel Cylinder, and Solar Panels
Benefit (Market Distortion) Memorandum 7-Mar-16 Pressure Pipe, Line Pipe, OCTG, and Solar Panels
Supporting Memorandum to Preliminary Benefit
(Market Distortion) Memorandum
7-Mar-16 Pressure Pipe, Line Pipe, OCTG, and Solar Panels
Final Section 129 Determinations

Section 129 Proceeding: United States –
Countervailing Duty Measures on Certain Products
from the People’s Republic of China (WTO/DS437):
Final Determination of Public Bodies and Input
Specificity
31-Mar-16 Lawn Groomers, Kitchen Shelving, Wire Strand, Print Graphics,
Aluminum Extrusions, and Steel Cylinders
Section 129 Proceeding: United States –
Countervailing Duty Measures on Certain Products
from the People’s Republic of China (WTO/DS437):
No Comment Final Determinations
31-Mar-16 Citric Acid and Thermal Paper
Letter from Amb. Michael Froman to the Honorable
Penny Pritzker regarding nine CVD proceedings
1-Apr-16 Lawn Groomers, Kitchen Shelving, Wire Strand, Print Graphics, Drill
Pipe, Aluminum Extrusions, Citric Acid, Thermal Paper, and Steel
Cylinders
Section 129 Proceedings: United States –
Countervailing Duty (CVD) Measures on Certain
Products from the People's Republic of China (WTO
DS437): Final Determination on the Initiation of
Allegations of Export Restraints in Magnesia Bricks
25-Apr-16 Magnesia Bricks
Section 129 Proceedings: United States –
Countervailing Duty (CVD) Measures on Certain
Products from the People's Republic of China (WTO
DS437): Final Determination for Certain Seamless
Carbon and Alloy Steel Standard, Line, and
Pressure Pipe from the People's Republic of China
(Seamless Pipe from the PRC).
25-Apr-16 Seamless Pipe

Annex 3
Periodic Reviews of DS437 CVD Orders
Investigation Periodic Review (Final
Determination)*
Period Covered Public Body Input
Specificity
Benefit
Kitchen
Shelving
77 Fed. Reg. 21744 (11 April
2012)
7 January 2009 - 31
December 2009
Steel wire rod,
steel strip
Steel wire rod,
steel strip
n/a
78 Fed. Reg. 21594 (11 April
2013)
1 January 2010 - 31
December 2010
Steel wire rod,
steel strip
Steel wire rod,
steel strip
n/a
79 Fed. Reg. 14668 (17
March 2014)
1 January 2011 - 31
December 2011
Steel wire rod,
steel strip
Steel wire rod,
steel strip
n/a
OCTG 78 Fed. Reg. 49475 (14
August 2013)
1 January 2011 - 31
December 2011
Steel rounds Steel rounds Steel rounds
79 Fed. Reg. 52301 (3
September 2014)
1 January 2012 - 31
December 2012
Steel rounds Steel rounds Steel rounds
Magnesia Bricks 78 Fed. Reg. 22235 (15 April
2013)
2 August 2010 - 31
December 2010
n/a n/a n/a
79 Fed. Reg. 62101 (16
October 2014)
1 January 2012 - 31
December 2012
n/a n/a n/a
Aluminum
Extrusions
79 Fed. Reg. 106 (2 January
2014)
7 September 2010 - 31
December 2011
Primary
aluminum
Primary
aluminum
n/a
79 Fed. Reg. 78788 (31
December 2014)
1 January 2012 - 31
December 2012
Primary
aluminum
Primary
aluminum
n/a
80 Fed. Reg. 77325 (14
December 2015)
1 January 2013 - 31
December 2013
Primary
aluminum,
aluminum
extrusions,
glass
Primary
aluminum,
aluminum
extrusions,
glass
n/a

Solar Panels 80 Fed. Reg. 41003 (14 July
2015)
26 March 2012 - 31
December 2012
Polysilicon, solar
glass
Polysilicon, solar
glass
Polysilicon, solar
glass
81 Fed. Reg. 908 (8 January
2016) (Prelim)
1 January 2013 - 31
December 2013
Polysilicon, solar
glass
Polysilicon, solar
glass
Polysilicon, solar
glass

* The annex 3 measures at issue include (i) any unpublished "Issues & Decision Memorandum" relating to the final determination; and (ii) the preliminary
periodic review determination in each review.

Annex 4
Sunset Reviews of DS437 CVD Orders
Investigation Sunset Review
Thermal Paper 79 Fed. Reg. 10477 (25 February 2014)
Pressure Pipe 79 Fed. Reg. 32911 (9 June 2014)
Line Pipe 79 Fed. Reg. 15313 (19 March 2014)
Citric Acid 79 Fed. Reg. 45761 (6 August 2014)
Kitchen Shelving 79 Fed. Reg. 73029 (9 December 2014)
OCTG 80 Fed. Reg. 19282 (10 April 2015)
Wire Strand 80 Fed. Reg. 53497 (4 September 2015)
Magnesia Bricks 80 Fed. Reg. 75971 (7 December 2015)
Seamless Pipe 81 Fed. Reg. 5985 (4 February 2016)
Print Graphics 81 Fed. Reg. 7081 (10 February 2016)