CHINA – ADDITIONAL DUTIES ON CERTAIN PRODUCTS FROM THE UNITED STATES REQUEST FOR CONSULTATIONS BY THE UNITED STATES
Document: REQUEST FOR CONSULTATIONS BY
Date: 19 July 2018
Document codes: WT/DS558/1; G/L/1253
Complainant: U.S.
Respondent: China
Third parties: Brazil, Canada, Egypt, EU, Guatemala, India, Indonesia, Japan, Kazakhstan, Mexico, New Zealand, Norway, Russia, Singapore, South Africa, Switzerland, Taiwan, Thailand, Turkey, Ukraine, Venezuela
Dispute stage: Panel
Agreements cited: Art. I:1, II:1(a), II:1(b)  GATT 1994

CHINA – ADDITIONAL DUTIES ON CERTAIN PRODUCTS FROM THE UNITED STATES
REQUEST FOR CONSULTATIONS BY THE UNITED STATES
The following communication, dated 16 July 2018, from the delegation of the United States to the
delegation of China, is circulated to the Dispute Settlement Body in accordance with Article 4.4 of
the DSU.

My authorities have instructed me to request consultations with the People 's Republic of China
("China") pursuant to Article 4 of the Understanding on Rules and Procedure s Governing the
Settlement of Disputes ("DSU") and Article XXIII of the General Agreement on Tariffs and Trade
1994 ("GATT 1994") with respect to China 's imposition of additional duties with respect to certain
products originating in the United States ("additional duties measure").

The additional duties measure does not impose the additional duties on like products originating in
the territory of any other WTO Member, and thus appears inconsistent with the most -favored-
nation obligation in Article I of the GATT 1994. The additional duties measure results in rates of
duty greater than rates of duty set out in China 's schedule of concessions, and thus appears
inconsistent with Article II of the GATT 1994.

The legal instruments through which China imposes the additional duties measure include the
following, operating separately or collectively:

 Ministry of Commerce Notice on Publicly Soliciting Opinions on U.S. Imported Steel and
Aluminum Products 232 Measures and Chinese Countermeasures (Ministry of Commerce,
published March 23, 2018);

 State Council Customs Tariff Commission Notice on Suspension of Tariff Concession
Obligations on Some Imported Products Originating from the United States (State Council
Customs Tariff Commission, Shui Wei Hui [2018] No. 13, issued April 1, 2018, effective
April 2, 2018);
as well as any amendments, replacements, related measures or implementing measures.

The additional duties measure appears to be inconsistent with:

 Article I:1 of the GATT 1994, because it fails to extend to products of the United States an
advantage, favor, privilege or immunity granted by China with respect to customs duties
and charges of any kind imposed on or in connection with the importation of products
originating in the territory of other Members; and

 Article II:1(a) and (b) of the GATT 1994 because it accords less favorable treatment to
products originating in the United States than that provided for in China's schedule of
concessions.
The additional duties measure appears to nullify or impair the benefits accruing to the United
States directly or indirectly under the GATT 1994.
WT/DS558/1 • G/L/1253

We look forward to receiving your reply to the present request and to fixing a mutually convenient
date to hold consultations.