AUSTRALIA – ANTI-DUMPING AND COUNTERVAILING DUTY MEASURES ON CERTAIN PRODUCTS FROM CHINA UNDERSTANDING BETWEEN AUSTRALIA AND CHINA REGARDING PROCEDURES UNDER ARTICLES 21 AND 22 OF THE DSU
Document: UNDERSTANDING BETWEEN
Date: 16 July 2024
Document codes: WT/DS603/9
Complainant: China
Respondent: Australia
Third parties: Argentina, Brazil, Canada, EU, India, Japan, South Korea, Malaysia, Mexico, Norway, Russia, Singapore, Switzerland, Taiwan, United Kingdom, U.S., Vietnam
Dispute stage: Panel
Agreements cited: Art. 2.1, 2.2, 2.2.1, 2.2.1.1, 2.2.2, 9.3  Anti-dumpingArt. VI:1, VI:2  GATT 1994Art. 1.1(a)(1), 1.1(b), 1.2, 2.1(c), 11.1, 11.2, 11.3, 14(d)  Subsidies and Countervailing Measures (SCM)

AUSTRALIA – ANTI-DUMPING AND COUNTERVAILING DUTY MEASURES
ON CERTAIN PRODUCTS FROM CHINA
UNDERSTANDING BETWEEN AUSTRALIA AND CHINA REGARDING
PROCEDURES UNDER ARTICLES 21 AND 22 OF THE DSU
The following communication, received on 15 July 2024, from the delegation of Australia and the
delegation of China to the Chairperson of the Dispute Settlement Body, is circulated at the request
of these delegations.
On 26 April 2024, the Dispute Settlement Body ("DSB") adopted its recommendations and rulings
in the dispute Australia — AD/CVD on Certain Products (China) (WT/DS603). Pursuant to
Article 21.3(b) of the Understanding on Rules and Procedures Governing the Settlement of Disputes
("DSU"), China and Australia agreed that the reasonable period of time to implement the
recommendations and rulings of the DSB in this dispute would be 7 months and 14 days, expiring
on 10 December 2024, with an extension of one month until 10 January 2025 if Australia considers
that further time is required due to an unavoidable delay ().
China and Australia ( each a "Party" and collectively, "the Parties") have agreed on the following
procedures for the exclusive purposes of this dispute. These are designed to facilitate the resolution
of the dispute and reduce the scope for procedural disputes and are without prejudice to either
Party's views on the correct interpretation of the DSU:
1. Should China consider that the situation described in Article 21.5 of the DSU exists, China
will request that Australia enter into consultations with China. The Parties agree to hold such
consultations within 15 days from the date of receipt of the request. After this 15-day period
has elapsed, China may request the establishment of a panel pursuant to Article 21.5 of the
DSU at any time.
2. At the first DSB meeting at which China's request for the establishment of an Article 21.5
panel appears on the agenda, Australia shall accept the establishment of that panel.
3. The Parties shall cooperate to enable the Article 21.5 panel to circulate its report within 90
days of the panel's establishment, excluding such time during which the panel's work may
be suspended pursuant to Article 12.12 of the DSU.
4. Either Party to the dispute may request the DSB to adopt the report of the Article 21.5 panel
at a DSB meeting held at least 20 days but within 60 days after the circulation of the report
to the Members, unless either Party appeals the report.
5. Regarding a potential appeal by either Party, the Parties recall that the Agreed Procedures
for Arbitration under Article 25 of the DSU (WT/DS60 3/4) apply with respect to any final
panel report issued in this dispute, including in compliance proceedings pursuant to
Article 21.5 of the DSU.
6. China may request authorization to suspend concessions or other obligations pursuant to
Article 22.2 of the DSU only in the event that the DSB rules as a result of a proceeding under

Article 21.5 of the DSU that a measure taken to comply does not exist or is inconsistent with
a covered agreement. Australia shall not assert that China is precluded from obtaining such
DSB authorization because its request was made outside the time period specified in the
first sentence of Article 22.6 of the DSU. This is without prejudice to Australia's right to have
the matter referred to arbitration in accordance with Article 22.6 of the DSU.
7. If China requests authorization to suspend concessions or other obligations pursuant to
Article 22.2 of the DSU, Australia shall have the right to object under Article 22.6 of the DSU
to the level of suspension of concessions or other obligations and/or claim that the principles
and procedures set forth in Article 22.3 of the DSU have not been followed. In the event of
such objection, the matter will be referred to arbitration pursuant to Article 22.6 of the DSU.
8. The Parties will cooperate to enable the arbitrator under Article 22.6 of the DSU to circulate
its decision within 60 days of the referral to arbitration.
9. If any of the original panelists is not available for either the Article 21.5 compliance panel or
the Article 22.6 arbitration (or both), or any person serving in such proceeding becomes
unavailable to serve, the Parties will promptly consult on a replacem ent, and either Party
may request the Director -General of the WTO to appoint, within ten days of being so
requested, a replacement for the proceeding or proceedings in which a replacement is
required. If an original panelist is unavailable to serve in eith er of the proceedings, or a
person serving in such proceeding becomes unavailable to serve, the Parties will further
request that, in making this appointment, the Director -General seek a person who will be
available to act in both proceedings.
10. The Parties will continue to cooperate in all matters related to these agreed procedures and
agree not to raise any procedural objection to any of the steps set out herein. If, during the
application of these procedures, the Parties consider that a procedural aspect has not been
properly addressed in these procedures, they will endeavour to find a solution within the
shortest time possible that will not affect the other aspects and steps agreed herein.