dean22029/WTO_Docs huggingface dataset:
CHINA – CERTAIN MEASURES CONCERNING THE PROTECTION OF INTELLECTUAL PROPERTY RIGHTS REQUEST TO JOIN CONSULTATIONS
Document: Communication from the European Union
Date: 5 April 2018
Document codes: WT/DS542/3
Complainant: U.S.
Respondent: China
Third parties: Australia, Brazil, Canada, Egypt, EU, India, Japan, Kazakhstan, South Korea, New Zealand, Norway, Russia, Singapore, Switzerland, Taiwan, Turkey, Ukraine
Dispute stage: Panel
Agreements cited: Art. 3.1, 28.2, 28.1(a), 28.1(b)  Intellectual Property (TRIPS)

CHINA – CERTAIN MEASURES CONCERNING THE PROTECTION
OF INTELLECTUAL PROPERTY RIGHTS
REQUEST TO JOIN CONSULTATIONS
Communication from the European Union
The following communication, dated 4 April 2018, from the delegation of the European Union to
the delegation of China, the delegation of the United States and to the Chairperson of the Dispute
Settlement Body, is circulated in accordance with Article 4.11 of the DSU.

Pursuant to Article 4.11 of the Understanding on Rules and Procedures Governing the Settlement
of Disputes (DSU), the European Union (EU) hereby notifies the Government of the People's
Republic of China (China), the Government of the United States, and the Dispute Settlement Body
that, in the light of its substant ial trade interest, it desires to be joined in the consultations
requested by the United States in a communication circulated to WTO Members on 26 March 2018
(, ), entitled "China — Certain Measures Concerning the Protection of
Intellectual Property Rights ".

The EU notes that the request for consultations relates to the apparent discriminatory treatment of
foreign entities importing their technology into China, and foreign entities transferring technology
as part of their investments in joint ventures within China, with regard to the protection of the
intellectual property rights on their technologies.

According to recent data, EU exports of high -tech products and high -tech knowledge intensive
services, for which the protection of intell ectual property rights is of fundamental importance, is
estimated at a value of EUR 680 billion annually. EU exports of high -tech to China are worth over
EUR 30 billion annually. At the same time, the EU is a large investor in China with an aggregated
value of direct investments of currently 180 billion EUR.

Much of the investments are concluded under joint -venture requirements and are thus potentially
affected by the measures as regards which the United States requested consultations. The EU has
therefore a substantial trade interest in these consultations.
CHINA – CERTAIN MEASURES CONCERNING THE PROTECTION OF INTELLECTUAL PROPERTY RIGHTS REQUEST TO JOIN CONSULTATIONS
Document: Communication from Ukraine
Date: 6 April 2018
Document codes: WT/DS542/4
Complainant: U.S.
Respondent: China
Third parties: Australia, Brazil, Canada, Egypt, EU, India, Japan, Kazakhstan, South Korea, New Zealand, Norway, Russia, Singapore, Switzerland, Taiwan, Turkey, Ukraine
Dispute stage: Panel
Agreements cited: Art. 3.1, 28.2, 28.1(a), 28.1(b)  Intellectual Property (TRIPS)

CHINA – CERTAIN MEASURES CONCERNING THE PROTECTION
OF INTELLECTUAL PROPERTY RIGHTS
REQUEST TO JOIN CONSULTATIONS
Communication from Ukraine
The following communication, dated 4 April 2018, from the delegation of Ukraine to the delegation
of China, the delegation of the United States and to the Chairperson of the Dispute Settlement
Body, is circulated in accordance with Article 4.11 of the DSU.

Pursuant to Article 4.11 of the Understanding on Rules and Procedures Governing the Se ttlement
of Disputes (DSU), the Government of Ukraine hereby notifies the People's Republic of China
(China), the United States of America and Dispute Settlement Body that, in light of the substantial
trade interest of Ukraine, it desires to join the cons ultations requested by the United States of
America pursuant to Articles 1 and 4 of the DSU and Article 64 of the Agreement on Trade -Related
Aspects of Intellectual Property Rights (TRIPS) with respect to certain Chinese measures pertaining
to the protection of intellectual property rights in a communication circulated to WTO Members on
26 March 2018 (; ) entitled China – Certain Measures Concerning the
Protection of Intellectual Property Rights.
Ukraine has a substantial interest in the ma tters related to protection of intellectual property
rights by WTO members, the application and interpretation of the provisions of the relevant
WTO Agreements, in particular TRIPS. Therefore, Ukraine has a systemic trade interest in enjoying
its third party rights in order to clarify the existing provisions of TRIPS in accordance with public
international law. Accordingly, Ukraine requests to join these consultations.
Ukraine looks forward to being informed of the date and venue of the consultations.
CHINA – CERTAIN MEASURES CONCERNING THE PROTECTION OF INTELLECTUAL PROPERTY RIGHTS REQUEST TO JOIN CONSULTATIONS
Document: Communication from the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu
Date: 6 April 2018
Document codes: WT/DS542/5; WT/DS542/1; IP/D/38
Complainant: U.S.
Respondent: China
Third parties: Australia, Brazil, Canada, Egypt, EU, India, Japan, Kazakhstan, South Korea, New Zealand, Norway, Russia, Singapore, Switzerland, Taiwan, Turkey, Ukraine
Dispute stage: Panel
Agreements cited: Art. 3.1, 28.2, 28.1(a), 28.1(b)  Intellectual Property (TRIPS)

CHINA – CERTAIN MEASURES CONCERNING THE PROTECTION
OF INTELLECTUAL PROPERTY RIGHTS
REQUEST TO JOIN CONSULTATIONS
Communication from the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu
The following communication, dated 5 April 2018, from the delegation of the Separate Customs
Territory of Taiwan, Penghu, Kinmen and Matsu to the delegation of China, the delegation of
the United States and to the Chairperson of the Dispute Settlement Body, is circulated in
accordance with Article 4.11 of the DSU.

I would like to refer to the consultations requested by the United States in the communication
circulated to WTO Members on 26 March 2018 (, ) titled China – Certain
Measures Concerning the Protection of Intellectual Property Rights.

Pursuant to Article 4.11 of the Understanding on Rules and Procedures Governing the Settlement
of Disputes, the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu hereby notifies
the consulting Members and the Disput e Settlement Body of its desire to be joined in these
consultations.

The Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu has a substantial trade
interest in these consultations and a systemic interest in the interpretation of the provisions of the
TRIPS Agreement.

The Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu looks forward to receiving
confirmation of acceptance of this request, as well as advice regarding the time and venue for
these consultations.
CHINA – CERTAIN MEASURES CONCERNING THE PROTECTION OF INTELLECTUAL PROPERTY RIGHTS REQUEST TO JOIN CONSULTATIONS
Document: Communication from Saudi Arabia
Date: 6 April 2018
Document codes: WT/DS542/6
Complainant: U.S.
Respondent: China
Third parties: Australia, Brazil, Canada, Egypt, EU, India, Japan, Kazakhstan, South Korea, New Zealand, Norway, Russia, Singapore, Switzerland, Taiwan, Turkey, Ukraine
Dispute stage: Panel
Agreements cited: Art. 3.1, 28.2, 28.1(a), 28.1(b)  Intellectual Property (TRIPS)

CHINA – CERTAIN MEASURES CONCERNING THE PROTECTION
OF INTELLECTUAL PROPERTY RIGHTS
REQUEST TO JOIN CONSULTATIONS
Communication from Saudi Arabia
The following communication, dated 5 April 2018 , from the delegation of Saudi Arabia to the
delegation of China, the delegation of the United States and to the Chairperson of the Dispute
Settlement Body, is circulated in accordance with Article 4.11 of the DSU.

Regarding the consultations has been requested by the United States pursuant to A rticle 1 and 4
of the Understanding on Rules and Procedures Governing the Settlement of Disputes ("DSU"),
Article 64 of the Agreement on Trade -Related Aspects of Intellectual Property Rights
("TRIPS Agreement") and Article XXII of the General Agreement o n Tariffs and Trade 1994
("GATT 1994") in the communication circulated to WTO Members on 26 March 2018 titled
"China - Certain Measures Concerning the Protection of Intellectual Property Rights" (,
). I was instructed by my authority in the capital to notify the consulting Members and the
Dispute Settlement Body of the desire of Kingdom of Saudi Arabia to be joined in these
consultations, pursuant to paragraph 11 of Article 4 of the DSU.
Saudi Arabia is one of the major import of technology f rom China and has substantial trade
interests in the consultations.
CHINA – CERTAIN MEASURES CONCERNING THE PROTECTION OF INTELLECTUAL PROPERTY RIGHTS ACCEPTANCE BY CHINA OF THE REQUESTS TO JOIN CONSULTATIONS
Document: ACCEPTANCE BY CHINA OF THE REQUESTS TO JOIN CONSULTATIONS
Date: 16 July 2018
Document codes: WT/DS542/7
Complainant: U.S.
Respondent: China
Third parties: Australia, Brazil, Canada, Egypt, EU, India, Japan, Kazakhstan, South Korea, New Zealand, Norway, Russia, Singapore, Switzerland, Taiwan, Turkey, Ukraine
Dispute stage: Panel
Agreements cited: Art. 3.1, 28.2, 28.1(a), 28.1(b)  Intellectual Property (TRIPS)

CHINA – CERTAIN MEASURES CONCERNING THE PROTECTION
OF INTELLECTUAL PROPERTY RIGHTS
ACCEPTANCE BY CHINA OF THE REQUESTS TO JOIN CONSULTATIONS
Chinese Taipei, the European Union, Japan, Saudi Arabia , and Ukraine notified the Dispute
Settlement Body (DSB) of their desire to be joined in the consultations requested by the United
States, pursuant to Article 4.11 of the DSU.

The delegation of China informed the DSB that it had accepted the requests of the European Union
and Japan to join the consultations.

CHINE – CERTAINES MESURES CONCERNANT LA PROTECTION
AUX CONSULTATIONS
L'Arabie saoudite, le Japon, le Taipei chinois, l'Ukraine et l' Union européenne ont informé l'Organe
de règlement des différends (ORD) qu'ils désiraient être admis à participer aux consultations
règlement des différends.

CHINA - DETERMINADAS MEDIDAS RELATIVAS A LA PROTECCIÓN
DE LOS DERECHOS DE PROPIEDAD INTELECTUAL
ASOCIACIÓN A LAS CONSULTAS
CHINA – CERTAIN MEASURES CONCERNING THE PROTECTION OF INTELLECTUAL PROPERTY RIGHTS CONSTITUTION OF THE PANEL ESTABLISHED AT THE REQUEST OF THE UNITED STATES NOTE BY THE SECRETARIAT
Document: NOTE BY THE SECRETARIAT
Date: 17 January 2019
Document codes: WT/DS542/9; WT/DS542/8; WT/DS542/8
Complainant: U.S.
Respondent: China
Third parties: Australia, Brazil, Canada, Egypt, EU, India, Japan, Kazakhstan, South Korea, New Zealand, Norway, Russia, Singapore, Switzerland, Taiwan, Turkey, Ukraine
Dispute stage: Panel
Agreements cited: Art. 3.1, 28.2, 28.1(a), 28.1(b)  Intellectual Property (TRIPS)

CHINA – CERTAIN MEASURES CONCERNING THE PROTECTION
OF INTELLECTUAL PROPERTY RIGHTS
CONSTITUTION OF THE PANEL ESTABLISHED AT THE REQUEST OF THE UNITED STATES
NOTE BY THE SECRETARIAT
1. At its meeting on 21 November 2018, the Dispute Settlement Body (DSB) established a panel
pursuant to the request of the United States in document , in accordance with Article 6
of the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU).

2. 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 the United States in
document and to make such findings as will assist the DSB in making the
recommendations or in giving the rulings provided for in those agreements."
3. On 12 December 2018 , the United States requested the Director -General to determine the
composition of the panel, pursuant to Article 8.7 of the DSU. This paragraph provides:

If there is no agreement on the panelists within 20 days after the date of the
establishment of a panel, at the request of either party, the Director -General, in
consultation with the Chairman of the DSB and the Chairman of the relevant Council or
Committee, shall determine the composition of the panel by appointing the panelists
whom the Director-General considers most appropriate in accordance with any relevant
special or additional rules or procedures of the covered agreement or covered
agreements which are at issue in the dispute, after consulting with the parties to the
dispute. The Chairman of the DSB shall inform the Members of the composition of the
panel thus formed no later than 10 days after the date the Ch airman receives such a
request.
4. On 16 January 2019, the Director-General accordingly composed the Panel as follows:

 Chairperson: Mr Mateo DIEGO-FERNÁNDEZ

 Mr Maximiliano SANTA CRUZ

5. Australia, Brazil, Canada, Egypt, the European Union, India, Japan, Kazakhstan, the Republic
of Korea, New Zealand, Norway, the Russian Federation, Singapore, Switzerland, Chinese Taipei,
Turkey, and Ukraine have reserved their rights to participate in the Panel proceedings as third
parties.
CHINA – CERTAIN MEASURES CONCERNING THE PROTECTION OF INTELLECTUAL PROPERTY RIGHTS COMMUNICATION FROM THE PANEL
Document: COMMUNICATION FROM
Date: 14 June 2019
Document codes: WT/DS542/10
Complainant: U.S.
Respondent: China
Third parties: Australia, Brazil, Canada, Egypt, EU, India, Japan, Kazakhstan, South Korea, New Zealand, Norway, Russia, Singapore, Switzerland, Taiwan, Turkey, Ukraine
Dispute stage: Panel
Agreements cited: Art. 3.1, 28.2, 28.1(a), 28.1(b)  Intellectual Property (TRIPS)

CHINA – CERTAIN MEASURES CONCERNING THE PROTECTION
OF INTELLECTUAL PROPERTY RIGHTS
COMMUNICATION FROM THE PANEL
The following communication, dated 12 June 2019, was received from the Chairperson of the Panel
with the request that it be circulated to the Dispute Settlement Body (DSB).

On 3 June 2019, the Panel received a request from the United States to suspend the Panel's work
in the proceedin gs China — Certain Measures Concerning The Protection Of Intellectual Property
Rights (DS542) until 31 December 2019 . In its letter of 4 June 2019, China agreed with
the United States' request to suspend the proceedings. In response to a query from the Pan el, the
parties stated that the Panel should consider this request as a request to suspend the Panel's work
within the meaning of Article 12.12 of the Dispute Settlement Understanding (DSU).

Article 12.12 of the DSU provides that the Panel may suspend its work at any time at the request of
the complaining party for a period not exceeding 12 months. This provision also indicates that if the
work of the Panel has been suspended for more than 12 months, the authority for establishment of
the Panel shall lapse.

The Panel hereby informs the Dispute Settlement Body of its decision of 11 June 2019 to grant the
United States' request and to suspend its work and requests that this communication be circulated
to Members.
CHINA – CERTAIN MEASURES CONCERNING THE PROTECTION OF INTELLECTUAL PROPERTY RIGHTS COMMUNICATION FROM THE PANEL
Document: COMMUNICATION FROM
Date: 10 January 2020
Document codes: WT/DS542/11
Complainant: U.S.
Respondent: China
Third parties: Australia, Brazil, Canada, Egypt, EU, India, Japan, Kazakhstan, South Korea, New Zealand, Norway, Russia, Singapore, Switzerland, Taiwan, Turkey, Ukraine
Dispute stage: Panel
Agreements cited: Art. 3.1, 28.2, 28.1(a), 28.1(b)  Intellectual Property (TRIPS)

CHINA – CERTAIN MEASURES CONCERNING THE PROTECTION
OF INTELLECTUAL PROPERTY RIGHTS
COMMUNICATION FROM THE PANEL
The following communication, dated 8 January 2020, was received from the Chairperson of the Panel
with the request that it be circulated to the Dispute Settlement Body (DSB).

On 14 June 2019, the Panel informed the Dispute Settlement Body (DSB) that, by decision
of 11 June 2019, it had accepted a request by the United States pursuant to Article 12.12 of the
Dispute Settlement Understanding (DSU) to suspend its work in the proceedings China – Certain
Measures Concerning The Protection Of Intellectual Property Rights (DS542) until 31 Decem ber
2019.

On 23 December 2019, the Panel received a further request from the United States to su spend its
work in these proceedings pursuant to Article 12.12 of the DSU, in light of ongoing consultations
between the United States and China. This further request is for suspension until 29 February 2020.

Article 12.12 of the DSU provides that the Panel may suspend its work at any time at the request of
the complaining party for a period not exceeding 12 months. This provision also indicates that if the
work of the Panel has been suspended for more than 12 months, the authority for establishment of
the Panel shall lapse.

The Panel hereby informs the DSB of its decision to accept this further request for suspension with
effect as of 1 January 2020. The Panel's work therefore remains suspended until 29 February 2020.
CHINA – CERTAIN MEASURES CONCERNING THE PROTECTION OF INTELLECTUAL PROPERTY RIGHTS COMMUNICATION FROM THE PANEL
Document: COMMUNICATION FROM
Date: 5 March 2020
Document codes: WT/DS542/12
Complainant: U.S.
Respondent: China
Third parties: Australia, Brazil, Canada, Egypt, EU, India, Japan, Kazakhstan, South Korea, New Zealand, Norway, Russia, Singapore, Switzerland, Taiwan, Turkey, Ukraine
Dispute stage: Panel
Agreements cited: Art. 3.1, 28.2, 28.1(a), 28.1(b)  Intellectual Property (TRIPS)

CHINA – CERTAIN MEASURES CONCERNING THE PROTECTION
OF INTELLECTUAL PROPERTY RIGHTS
COMMUNICATION FROM THE PANEL
The following communication, dated 3 March 2020, was received from the Chairperson of the Panel
with the request that it be circulated to the Dispute Settlement Body (DSB).

On 14 June 2019, the Panel informed the Dispute Settlement Body (DSB) that, by decision
of 11 June 2019, it had accepted a request by the United States pursuant to Article 12.12 of the
Dispute Settlement Understanding (DSU) to suspend its work in the proceedings China – Certain
Measures Concerning The Protection Of Intellectual Property Rights (DS542) until
31 December 2019. On 7 January 2020, the Panel extended, upon request from the United States,
the suspension of its work until 29 February 2020.

On 2 March 2020, the Panel received a further request from the United States to suspend, with effect
as of 1 March 2020, its work in these proceedings pursuant to Article 12.12 of the DSU, in light of
ongoing consultations between the United States and China. This further request is for suspension
until 1 May 2020.

Article 12.12 of the DSU provides that the Panel may suspend its work at any time at the request of
the complaining party for a period not exceeding 12 months. This provision also indicates that if the
work of the Panel has been suspended for more than 12 months, the authority for establishment of
the Panel shall lapse.

The Panel hereby informs the DSB of its decision to accept this further request for suspension with
effect as of 1 March 2020. The Panel's work therefore remains suspended until 1 May 2020.

I would be grateful if you would circulate this letter to the Members of the DSB.
CHINA – CERTAIN MEASURES CON CERNING THE PROTECTI ON OF INTELLECTUAL PROPER TY RIGHTS COMMUNICATION FROM T HE PANEL
Document: COMMUNICATION FROM
Date: 11 May 2020
Document codes: WT/DS542/13
Complainant: U.S.
Respondent: China
Third parties: Australia, Brazil, Canada, Egypt, EU, India, Japan, Kazakhstan, South Korea, New Zealand, Norway, Russia, Singapore, Switzerland, Taiwan, Turkey, Ukraine
Dispute stage: Panel
Agreements cited: Art. 3.1, 28.2, 28.1(a), 28.1(b)  Intellectual Property (TRIPS)

CHINA – CERTAIN MEASURES CON CERNING THE PROTECTI ON
OF INTELLECTUAL PROPER TY RIGHTS
COMMUNICATION FROM T HE PANEL
The following communication, dated 6 May 2020, was received from the Chairperson of the Panel
with the request that it be circulated to the Dispute Settlement Body (DSB).

On 14 June 2019, the Panel informed the Dispute Settlement Body (DSB) that, by decision
of 11 June 2019, it had accepted a request by the United States pursuant to Article 12.12 of the
Dispute Settlement Understanding (DSU) to suspend its work in the proceedings China – Certain
Measures Concerning the Protection of Intellectual Property Rights (DS542) until 31 Decem ber 2019.
On 7 January 2020, the Panel extended, upon request from the United States, the suspension of its
work until 29 February 2020. On 3 March 2020, the Panel further extended, upon request from the
United States, the suspension of its work until 1 Ma y 2020, with effect as of 1 March 2020.

On 5 May 2020, the Panel received a further request from the United States to suspend, with effect
as of 1 May 2020, its work in these proceedings pursuant to Article 12.12 of the DSU, in light of
ongoing consultati ons between the United States and China. This further request is for suspension
until 31 May 2020.

Article 12.12 of the DSU provides that the Panel may suspend its work at any time at the request of
the complaining party for a period not exceeding 12 mont hs. This provision also indicates that if the
work of the Panel has been suspended for more than 12 months, the authority for establishment of
the Panel shall lapse.

The Panel hereby informs the DSB of its decision to accept this further request for susp ension with
effect as of 1 May 2020. The Panel's work therefore remains suspended until 31 May 2020.

I would be grateful if you would circulate this letter to the Members of the DSB.
CHINA – CERTAIN MEASURES CONCERNING THE PROTECTION OF INTELLECTUAL PROPERTY RIGHTS COMMUNICATION FROM THE PANEL
Document: COMMUNICATION FROM
Date: 22 June 2020
Document codes: WT/DS542/14
Complainant: U.S.
Respondent: China
Third parties: Australia, Brazil, Canada, Egypt, EU, India, Japan, Kazakhstan, South Korea, New Zealand, Norway, Russia, Singapore, Switzerland, Taiwan, Turkey, Ukraine
Dispute stage: Panel
Agreements cited: Art. 3.1, 28.2, 28.1(a), 28.1(b)  Intellectual Property (TRIPS)

CHINA – CERTAIN MEASURES CONCERNING THE PROTECTION
OF INTELLECTUAL PROPERTY RIGHTS
COMMUNICATION FROM THE PANEL
The following communication, dated 18 June 2020, was received from the Chairperson of the Panel
with the request that it be circulated to the Dispute Settlement Body (DSB).

Following the resumption of the Panel's work on 1 June 2020, the United States requested the Panel
on 8 June 2020, pursuant to Article 12.12 of the DSU, to suspend the Panel's work in proceedings
China - Certain Measures Concerning the Protection of Intellectual Property Rights with effect of
8 June 2020. China indicated its agreement to the United States' request.

The Panel hereby informs the DSB of its decision of 9 June 2020 to accept this request, as agreed
by the parties and as submitted by the United States pursuant to Article 12.12 of the DSU, and to
suspend its work in these proceedings with effect from 8 June 2020.

I would be grateful if you would circulate this letter to the Members of the DSB.
CHINA – CERTAIN MEASURES CONCERNING THE PROTECTION OF INTELLECTUAL PROPERTY RIGHTS LAPSE OF AUTHORITY FOR THE ESTABLISHMENT OF THE PANEL
Document: Note by the Secretariat At the request of the United States, the work of the Panel was suspended pursuant to Article 12.12 of the DSU between 11 June 2019 and 31 May 2020 (WT/DS542/10; WT/DS542/11; WT/DS542/12 and WT/DS542/13). Following resumption on 1 June 2020, the work of the  Panel was suspended again, pursuant to Article 12.12, at the request of the United States, on 8 June 2020 (WT/DS542/14). The Panel has not been requested to resume its work, and pursuant to Article 12.12 of the DSU, the authority for the establishment of the Panel has lapsed.
Date: 11 June 2021
Document codes: WT/DS542/15; WT/DS542/10; WT/DS542/11; WT/DS542/12; WT/DS542/13; WT/DS542/14
Complainant: U.S.
Respondent: China
Third parties: Australia, Brazil, Canada, Egypt, EU, India, Japan, Kazakhstan, South Korea, New Zealand, Norway, Russia, Singapore, Switzerland, Taiwan, Turkey, Ukraine
Dispute stage: Panel
Agreements cited: Art. 3.1, 28.2, 28.1(a), 28.1(b)  Intellectual Property (TRIPS)

CHINA – CERTAIN MEASURES CONCERNING THE PROTECTION
OF INTELLECTUAL PROPERTY RIGHTS
LAPSE OF AUTHORITY FOR THE ESTABLISHMENT OF THE PANEL
Note by the Secretariat
At the request of the United States, the work of the Panel was suspended pursuant to Article 12.12
of the DSU between 11 June 2019 and 31 May 2020 (; ;
and ). Following resumption on 1 June 2020, the work of the Panel was suspended
again, pursuant to Article 12.12, at the request of the United States, on 8 June 2020
(). The Panel has not been requested to resume its work, and pursuant to Article 12.12
of the DSU, the authority for the establishment of the Panel has lapsed.
UNITED STATES – TARIFF MEASURES ON CERTAIN GOODS FROM CHINA COMMUNICATION FROM THE UNITED STATES
Document: request for consultations
Date: 18 July 2018
Document codes: WT/DS543/4; WT/DS543/1/Add.1.
Complainant: China
Respondent: U.S.
Third parties: Australia, Brazil, Canada, EU, India, Indonesia, Japan, Kazakhstan, South Korea, New Zealand, Norway, Russia, Singapore, Taiwan, Turkey, Ukraine
Dispute stage: Panel
Agreements cited: Art. I:1, II:1(a), II:1(b)  GATT 1994Art. 23.1, 23.2  Dispute Settlement Understanding (DSU)

UNITED STATES – TARIFF MEASURES ON CERTAIN GOODS FROM CHINA
COMMUNICATION FROM THE UNITED STATES
The following communication, dated 16 July 2018 , was received from the delegation of the
United States with the request that it be circulated to the Dispute Settlement Body (DSB).

On 6 July 2018, the United States received China 's letter of the same date requesting
consultations pursuant to Article 4 of the Understanding on Rules and Procedures Governing the
Settlement of Disputes ("DSU") and Article XXIII of the General Agreement on Tariffs and Trade
1994. The letter has been circulated as

To the extent China 's request for consultations addresses proposed measures, such proposals are
not "measures affecting the operation of any covered agreement taken within the territory of " a
Member within the meaning of DSU Article 4.2. Without prejudice as to whether each matter
referenced in China's request for consultations is a measure within the meaning of DSU Article 4.2,
the United States accepts the request of China to enter into consultations.

The United States takes note that on 16 June 2018, the Government of China issued the State
Council Customs Tariff Commission Public Notice on Additionally Imposing Tariffs on $50 Billion of
Imported Products Originating from the United States (State Council Customs Tariff Commission
2018 Public Notice No. 5). Through this legal instrument, the Government of China announced
two lists of tariff subheadings that would be used to impo se an additional 25 per cent ad valorem
duty on US goods. One list, containing 545 tariff subheadings, was assigned an effective date of 6
July 2018.

On 6 July 2018, the Government of China confirmed that it had imposed additional d uties on an
initial list of US products, with a purported annual trade value of $34 billion.

At the consultations, the United States looks forward to hearing China's justification for deciding to
impose these additional tariffs. We stand ready to confer with officials fro m your mission on a
mutually convenient date for these consultations.
UNITED STATES – TARIFF MEASURES ON CERTAIN GOODS FROM CHINA COMMUNICATION FROM THE UNITED STATES
Document: COMMUNICATION FROM
Date: 30 July 2018
Document codes: WT/DS543/5; WT/DS543/1/Add.2.
Complainant: China
Respondent: U.S.
Third parties: Australia, Brazil, Canada, EU, India, Indonesia, Japan, Kazakhstan, South Korea, New Zealand, Norway, Russia, Singapore, Taiwan, Turkey, Ukraine
Dispute stage: Panel
Agreements cited: Art. I:1, II:1(a), II:1(b)  GATT 1994Art. 23.1, 23.2  Dispute Settlement Understanding (DSU)

UNITED STATES – TARIFF MEASURES ON CERTAIN GOODS FROM CHINA
COMMUNICATION FROM THE UNITED STATES
The following communication, dated 26 July 2018 , was received from the delegation of the
United States with the request that it be circulated to the Dispute Settlement Body (DSB).

On 16 July 2018, the United States received China 's letter of the same date requesting
consultations pursuant to Article 4 of the Understanding on Rules and Procedures Governing the
Settlement of Disputes ("DSU") and Article XXIII of the General Agreement on Tariffs and Trade
1994. The letter has been circulated as The letter states that China views
the request as a supplement to the requests circulated as and

To the extent China 's requests for consultations address proposed measures, such proposals are
not "measures affecting the operation of any covered agreement taken within the territory of " a
Member within the meaning of DSU Article 4.2. Without prejudice as t o whether each matter
referenced in China 's requests for consultations is a measure within the meaning of DSU
Article 4.2, the United States accepts the requests of China to enter into consultations.

As the United States noted in response to China 's request circulated as , the
Government of China has ann ounced additional duties on US products. State Council Customs
Tariff Commission Public Notice on Additionally Imposing Tariffs on $50 Billion of Imported
Products Originating from the United States (State Council Customs Tariff Commission 2018 Public
Notice No. 5, June 16, 2018). Through this legal instrument, the Government of China announced
two lists of tariff subheadings that would be used to impose an additional 25 percent ad valorem
duty on US goods. The 25 percent additional duties on the first list, containing 545 tariff
subheadings, went into effect on 6 July 2018. According to China, this list applies to US goods
with an annual trade value of $34 billion.

At the consultations, the United States looks forward to hearing China's justification for deciding to
impose these additional duties. The United States also looks forward to hearing from China how it
intends to address the trade -distorting policies addre ssed in the US investigation mentioned in
China's requests for consultations.

We stand ready to confer with officials from your mission on a mutually convenient date for these
consultations.
UNITED STATES – TARIFF MEASURES ON CERTAIN GOODS FROM CHINA COMMUNICATION FROM THE UNITED STATES
Document: COMMUNICATION FROM
Date: 3 October 2018
Document codes: WT/DS543/6; WT/DS543/1/Add.3.
Complainant: China
Respondent: U.S.
Third parties: Australia, Brazil, Canada, EU, India, Indonesia, Japan, Kazakhstan, South Korea, New Zealand, Norway, Russia, Singapore, Taiwan, Turkey, Ukraine
Dispute stage: Panel
Agreements cited: Art. I:1, II:1(a), II:1(b)  GATT 1994Art. 23.1, 23.2  Dispute Settlement Understanding (DSU)

UNITED STATES – TARIFF MEASURES ON CERTAIN GOODS FROM CHINA
COMMUNICATION FROM THE UNITED STATES
The following communication, dated 28 September 2018, was received from the delegation of the
United States with the request that it be circulated to the Dispute Settlement Body (DSB).

On 18 September 2018, the United States received China 's letter of the same date requesting
consultations pursuant to Article 4 of the Understanding on Rules and Procedures Governing the
Settlement of Disputes and Article XXIII of the General Agreement on Tariffs and Trade 1994. This
letter has been circulated as

The United States takes note of Public Notice No. 8 of the State Council Tariff Commission, entitled
Additionally Imposing Tariffs on Approximately $60 Billion of Products Originating from the United
States. The State Council issued this public notice on 18 September 2018, the same date as China's
letter requesting consultations. According to this public notice, China will impose additional tariffs of
between 5 - 10% on over 5,000 products originating from the United States on 24 September 2018.
An accompanying announcement from the Ministry of Commerce entitled Public Notice on
Additionally Imposing Tariffs on Certain Products Ori ginating in the United States Products , issued
18 September 2018, indicates that China imposed these additional tariffs in response to the United
States' measures identified in China 's l etter requesting consultations. At the consultations, the
United States looks forward to hearing China's basis for imposing these additional tariffs.

The United States accepts the request of China to enter into consultations. We stand ready to confer
with officials from your mission on a mutually convenient date for these consultations.
UNITED STATES – TARIFF MEASURES ON CERTAIN GOODS FROM CHINA CONSTITUTION OF THE PANEL ESTABLISHED AT THE REQUEST OF CHINA NOTE BY THE SECRETARIAT
Document: NOTE BY THE SECRETARIAT
Date: 4 June 2019
Document codes: WT/DS543/8; WT/DS543/7; WT/DS543/7
Complainant: China
Respondent: U.S.
Third parties: Australia, Brazil, Canada, EU, India, Indonesia, Japan, Kazakhstan, South Korea, New Zealand, Norway, Russia, Singapore, Taiwan, Turkey, Ukraine
Dispute stage: Panel
Agreements cited: Art. I:1, II:1(a), II:1(b)  GATT 1994Art. 23.1, 23.2  Dispute Settlement Understanding (DSU)

UNITED STATES – TARIFF MEASURES ON CERTAIN GOODS FROM CHINA
CONSTITUTION OF THE PANEL ESTABLISHED AT THE REQUEST OF CHINA
NOTE BY THE SECRETARIAT
1. At its meeting on 28 January 2019, the Dispute Settlement Body (DSB) established a panel
pursuant to the request of China in document , in accordance with Article 6 of the
Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU).1

2. 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 China in document
 and to make such findings as will assist the DS B in making the
recommendations or in giving the rulings provided for in those agreements.
3. On 24 May 2019, China requested the Director-General to determine the composition of the
panel, pursuant to Article 8.7 of the DSU. This paragraph provides:

If there is no agreement on the panelists within 20 days after the date of the
establishment of a panel, at the request of either party, the Director -General, in
consultation with the Chairman of the DSB and the Chairman of the relevant Council or
Committee, shall determine the composition of the panel by appointing the panelists
whom the Director-General considers most appropriate in accordance with any relevant
special or additional rules or procedures of the covered agreement or covered
agreements which are at issue in the dispute, after consulting with the parties to the
dispute. The Chairman of the DSB shall inform the Members of the composition of the
panel thus formed no later than 10 days after the date the Ch airman receives such a
request.
4. On 3 June 2019, the Director-General accordingly composed the Panel as follows:

 Chairperson: Mr Alberto Juan DUMONT

 Members: Mr Álvaro ESPINOZA
 Ms Claudia URIBE

5. Australia, Brazil, Canada, the European Union , India, Indonesia, Japan, Kazakhstan, the
Republic of Korea, New Zealand, Norway, the Russian Federation, Singapore, Chinese Taipei, Turkey,
and Ukraine have reserved their rights to participate in the Panel proceedings as third parties.
UNITED STATES – TARIFF MEASURES ON CERTAIN GOODS FROM CHINA CONSTITUTION OF THE PANEL ESTABLISHED AT THE REQUEST OF CHINA NOTE BY THE SECRETARIAT
Document: Addendum Following the resignation of Ms Claudia Uribe on 25 September 2019, and further to a request by China, the Director-General on 17 October 2019 has appointed Ms Athaliah Lesiba MOLOKOMME as a member of the Panel. Accordingly, the composition of the Panel is now as follows: Chairperson:  Mr Alberto Juan DUMONT Members:  Mr Álvaro ESPINOZA Ms Athaliah Lesiba MOLOKOMME ÉTATS UNIS – MESURES TARIFAIRES VISANT CERTAINS PRODUITS EN PROVENANCE DE CHINE CONSTITUTION DU GROUPE SPÉCIAL ÉTABLI À LA DEMANDE DE LA CHINE NOTE DU SECRÉTARIAT Addendum Suite à la démission de Mme Claudia Uribe le 25 septembre 2019, et conformément à une demande de la Chine, le Directeur général a désigné, le 17 octobre 2019, Mme Athaliah Lesiba MOLOKOMME
Date: 18 October 2019
Document codes: WT/DS543/8/Add.1
Complainant: China
Respondent: U.S.
Third parties: Australia, Brazil, Canada, EU, India, Indonesia, Japan, Kazakhstan, South Korea, New Zealand, Norway, Russia, Singapore, Taiwan, Turkey, Ukraine
Dispute stage: Panel
Agreements cited: Art. I:1, II:1(a), II:1(b)  GATT 1994Art. 23.1, 23.2  Dispute Settlement Understanding (DSU)

UNITED STATES – TARIFF MEASURES ON CERTAIN GOODS FROM CHINA
CONSTITUTION OF THE PANEL ESTABLISHED AT THE REQUEST OF CHINA
 NOTE BY THE SECRETARIAT
Addendum
Following the resignation of Ms Claudia Uribe on 25 September 2019, and further to a request by
China, the Director-General on 17 October 2019 has appointed Ms Athaliah Lesiba MOLOKOMME as
a member of the Panel. Accordingly, the composition of the Panel is now as follows:
 Chairperson: Mr Alberto Juan DUMONT
 Members: Mr Álvaro ESPINOZA
 Ms Athaliah Lesiba MOLOKOMME

ÉTATS UNIS – MESURES TARIFAIRES VISANT CERTAINS
PRODUITS EN PROVENANCE DE CHINE
NOTE DU SECRÉTARIAT
Addendum
suivante:
Président: M. Alberto Juan DUMONT
Membres: M. Álvaro ESPINOZA
Mme Athaliah Lesiba MOLOKOMME

ESTADOS UNIDOS – MEDIDAS ARANCELARIAS SOBRE DETERMINADOS
PRODUCTOS PROCEDENTES DE CHINA
CONSTITUCIÓN DEL GRUPO ESPECIAL ESTABLECIDO A PETICIÓN DE CHINA
NOTA DE LA SECRETARÍA
Addendum
Grupo Especial ahora es la siguiente:

 Presidente : Sr. Alberto Juan DUMONT

 Miembros: Sr. Álvaro ESPINOZA
 Sra. Athaliah Lesiba MOLOKOMME
UNITED STATES – TARIFF MEASURES ON CERTAIN GOODS FROM CHINA COMMUNICATION FROM THE PANEL
Document: COMMUNICATION FROM
Date: 15 April 2020
Document codes: WT/DS543/9
Complainant: China
Respondent: U.S.
Third parties: Australia, Brazil, Canada, EU, India, Indonesia, Japan, Kazakhstan, South Korea, New Zealand, Norway, Russia, Singapore, Taiwan, Turkey, Ukraine
Dispute stage: Panel
Agreements cited: Art. I:1, II:1(a), II:1(b)  GATT 1994Art. 23.1, 23.2  Dispute Settlement Understanding (DSU)

UNITED STATES – TARIFF MEASURES ON CERTAIN GOODS FROM CHINA
COMMUNICATION FROM THE PANEL
The following communication, dated 9 April 2020 , addressed to the Chairperson of the Dispute
Settlement Body (DSB), is circulated in accordance with Article 12.9 of the Dispute Settlement
Understanding (DSU).

Article 12.8 of the Understanding on Rules and Procedures Governing the Settlement of Disputes
(DSU) provides that the period in which a panel shall conduct its examination, fro m the date that
the composition and terms of reference of the panel have been agreed upon until the date the final
report is issued to the parties to the dispute, shall, as a general rule, not exceed six months.

Article 12.9 of the DSU provides that, when a panel considers that it cannot issue its report within
six months, it shall inform the Dispute Settlement Body (DSB) in writing accordingly and indicate
the reasons, together with an estimate of the period within which it will issue its report.

The Panel on United States - Tariff Measures on Certain Goods from China (DS543) was established
by the DSB on 28 January 2019 and composed on 3 June 2019. Following the resignation of one
member of the Panel, the Director -General appointed a new member of the Pa nel on
17 October 2019.

Based on the timetable agreed between the parties and the Panel, the Panel expects to issue its final
report to the parties by the end of June 2020.

The report will only be available to the public once it is circulated to the Members in all three working
languages of the WTO. The date of circulation depends on completion of translation and the Panel is
not in a position to provide an estimated circulation date at this time.

I would be grateful if you would circulate this letter to the DSB.
UNITED STATES – TARIFF MEASURES ON CERTAIN GOODS FROM CHINA NOTIFICATION OF AN APPEAL BY THE UNITED STATES UNDER ARTICLE 16 OF THE UNDERSTANDING ON RULES AND PROCEDURES GOVERNING THE SETTLEMENT OF DISPUTES ("DSU")
Document: report of the Panel
Date: 27 October 2020
Document codes: WT/DS543/10
Complainant: China
Respondent: U.S.
Third parties: Australia, Brazil, Canada, EU, India, Indonesia, Japan, Kazakhstan, South Korea, New Zealand, Norway, Russia, Singapore, Taiwan, Turkey, Ukraine
Dispute stage: Panel
Agreements cited: Art. I:1, II:1(a), II:1(b)  GATT 1994Art. 23.1, 23.2  Dispute Settlement Understanding (DSU)

UNITED STATES – TARIFF MEASURES ON CERTAIN GOODS FROM CHINA
NOTIFICATION OF AN APPEAL BY THE UNITED STATES UNDER ARTICLE 16
OF THE UNDERSTANDING ON RULES AND PROCEDURES
GOVERNING THE SETTLEMENT OF DISPUTES ("DSU")
The following communication, dated 26 October 2020, addressed to the Chairperson of the Dispute
Settlement Body is being circulated to Members at the request of the delegation of the United States.

Pursuant to Article 16 of the Understanding on Rules and Procedures Governing the Settlement of
Disputes (DSU), the United States hereby notifies the Dispute Settlement Body of its decision to
appeal issues of law covered in the report of the Panel in United States – Tariff Measures on Certain
Goods from China ( & ) and legal interpretations developed by the
Panel.

At this time, no division of the Appellate Body can be established to hear this appeal in accordance
with DSU Article 17.1. The United States will confer wi th China so the parties may determine the
way forward in this dispute.
UNITED STATES – CERTAIN MEASURES ON STEEL AND ALUMINIUM PRODUCTS REQUEST TO JOIN CONSULTATIONS
Document: Communication from India
Date: 18 April 2018
Document codes: WT/DS544/3
Complainant: China
Respondent: U.S.
Third parties: Bahrain, Brazil, Canada, Colombia, Egypt, EU, Guatemala, Hong Kong, Iceland, India, Indonesia, Japan, Kazakhstan, Malaysia, Mexico, New Zealand, Norway, Qatar, Russia, Saudi Arabia, Singapore, South Africa, Switzerland, Taiwan, Thailand, Turkey, Ukraine, UAE, Venezuela
Dispute stage: Panel
Agreements cited: Art. XIX:1, XIX:2  GATT 1994Art. 2.1, 2.2, 4.1, 4.2, 5.1, 7, 11.1(a), 12.1, 12.2, 12.3  SafeguardsArt. II:1(a), II:1(b), I:1, X:3(a)  GATT 1994

UNITED STATES – CERTAIN MEASURES ON STEEL AND ALUMINIUM PRODUCTS
REQUEST TO JOIN CONSULTATIONS
Communication from India
The following communication, dated 17 April 2018, from the delegation of India to the delegation
of the United States , the delegation of China and to the Chairperson of the Dispute Settlement
Body, is circulated in accordance with Article 4.11 of the DSU.

Pursuant to Article 4.11 of the Understanding on Rules and Procedures Governing the Settlement
of Disputes (DSU), the Government of the Republic of India hereby notifies its desire to join the
consultations requested by China pursuant to Article 4 of the DSU, Article XXII of the General
Agreement on Tariffs and Trade 1994 (GATT 1994), and Article 14 of the Agreement on
Safeguards with respect to certain measures by the United States to adjust imports of steel and
aluminium into the United States, including but not limited to, imposing additional ad valorem rate
of duty on imports of certain steel and al uminium products and exempting certain selected
WTO Members from the measures. China’s request for consultations is set out in document
(, , ) that was circulated to WTO Members on 9 April 2018.
India has a substantial trade interest in these consultations. India is a significant exporter of
steel and aluminium products to the United States. In 2017, India was the 10 th largest exporter
of steel to the United States as per the data published by the US Department of Commerce, on
11 January 2018, in their report entitled The Effect of Imports of Steel on the Nationa l Security,
An Investigation Conducted Under Section 232 of the Trade Expansion Act, 1962, As Amended
(Figure 2, page 28 of the report). India’s exports of aluminium to the United States are also
significant as per the data published by the US Department of Commerce, on 11 January 2018, in
their report entitled The Effect of Imports of Aluminum On the National Security, An Investigation
Conducted Under Section 232 of the Trade Expansion Act, 1962, As Amended (Table 17, page 65
of the report).
As a result of this substantial trade interest, India respectfully requests that it be permitted to join
the consultations in this dispute.
A copy of this letter is being sent to th e Chairperson of the Dispute Settlement Body, with a
request that it be circulated to Members.
UNITED STATES – CERTAIN MEASURES ON STEEL AND ALUMINIUM PRODUCTS REQUEST TO JOIN CONSULTATIONS
Document: Communication from Thailand
Date: 19 April 2018
Document codes: WT/DS544/5
Complainant: China
Respondent: U.S.
Third parties: Bahrain, Brazil, Canada, Colombia, Egypt, EU, Guatemala, Hong Kong, Iceland, India, Indonesia, Japan, Kazakhstan, Malaysia, Mexico, New Zealand, Norway, Qatar, Russia, Saudi Arabia, Singapore, South Africa, Switzerland, Taiwan, Thailand, Turkey, Ukraine, UAE, Venezuela
Dispute stage: Panel
Agreements cited: Art. XIX:1, XIX:2  GATT 1994Art. 2.1, 2.2, 4.1, 4.2, 5.1, 7, 11.1(a), 12.1, 12.2, 12.3  SafeguardsArt. II:1(a), II:1(b), I:1, X:3(a)  GATT 1994

UNITED STATES – CERTAIN MEASURES ON STEEL AND ALUMINIUM PRODUCTS
REQUEST TO JOIN CONSULTATIONS
Communication from Thailand
The following communication, dated 18 April 2018 , from the delegation of Thailand to the
delegation of the United States , the delegation of China and to the Chairperson of the Dispute
Settlement Body, is circulated in accordance with Article 4.11 of the DSU.

My authorities have instructed me to notify the consulting Members and the Dispute Settlement
Body of Thailand's desire, pursuant to Article 4.11 of the Understanding on Rules and Procedures
Governing the Settlement of Disputes, to be joined in the consultations requested by China in a
communication circulated to WTO Members on 9 April 2018, in documen t entitled
United States – Certain Measures on Steel and Aluminium Products.
Thailand has a substantial trade interest in these consultations. In 2017, Thailand exported
USD 305.35 million of steel products and USD 30.38 million of aluminum prod ucts to the United
States, which is the first and the sixth largest export market of Thailand 's steel and aluminum
products respectively. The measures at issue identified in the request for consultations may
substantially affect Thailand 's sales and export s of these products . As a result of this substantial
trade interest, Thailand respectfully requests that it be permitted to join the consultations in this
dispute.
Thailand looks forward to acceptance of this request and advice regarding the date and venue of
the consultations.