dean22029/WTO_Docs huggingface dataset:
CHINA – MEASURES RELATED TO THE EXPORTATION OF VARIOUS RAW MATERIALS
Document: Request to Join Consultations Communication from the European Communities
Date: 7 July 2009
Document codes: WT/DS394/2
Complainant: U.S.
Respondent: China
Third parties: Argentina, Brazil, Canada, Chile, Colombia, Ecuador, EU, India, Japan, South Korea, Mexico, Norway, Taiwan, Turkey, Saudi Arabia
Dispute stage: Appellate Body
Agreements cited: Art. VIII:1, VIII:4, X:1, X:3, XI:1  GATT 1994Part I, para. 1.2, Part I, para. 5.1, Part I, para. 5.2, Part I, para. 8.2,   Protocol of Accession

CHINA – MEASURES RELATED TO THE EXPORTATION
OF VARIOUS RAW MATERIALS

Request to Join Consultations

Communication from the European Communities

 The following communication, dated 2 July 2009, from the delegation of the European
Communities to the delegation of China, the delega tion of the United States and to the Chairman 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 Communities hereby notifies the Government of the
United States, the Government of China, and the Di spute Settlement Body that, in the light of the
substantial trade interest of the European Communiti es, it desires to be joined in the consultations
requested by the United States in a communication circulated to WTO Members on 25 June 2009
(, ) entitled .

 A substantial number of raw materials used by industry in the European Communities,
including the 9 raw materials at issue, are impor ted from the People's Republic of China, and on
25 June 2009, the European Communities also requested consultations under DSU on the same
measures. The European Communities has therefore a substantial trade interest in the present dispute
and in the correct application of the General Agreement on Tariffs and Trade as well as the Protocol
for the Accession of China and the Report of the Working Party on the Accession of China as
applicable.
 The European Communities looks forward to be ing informed of the date and venue of the
consultations.
CHINA – MEASURES RELATED TO THE EXPORTATION OF VARIOUS RAW MATERIALS
Document: Request to Join Consultations Communication from Turkey
Date: 8 July 2009
Document codes: WT/DS394/3
Complainant: U.S.
Respondent: China
Third parties: Argentina, Brazil, Canada, Chile, Colombia, Ecuador, EU, India, Japan, South Korea, Mexico, Norway, Taiwan, Turkey, Saudi Arabia
Dispute stage: Appellate Body
Agreements cited: Art. VIII:1, VIII:4, X:1, X:3, XI:1  GATT 1994Part I, para. 1.2, Part I, para. 5.1, Part I, para. 5.2, Part I, para. 8.2,   Protocol of Accession

CHINA – MEASURES RELATED TO THE EXPORTATION
OF VARIOUS RAW MATERIALS

Request to Join Consultations

Communication from Turkey

 The following communication, dated 6 July 2009, from the delegation of Turkey to the
delegation of China, the delegation of the United States and to the Chairman of the Dispute Settlement
Body, is circulated in accordance with Article 4.11 of the DSU.

 Pursuant to Article 4.11 of the Understa nding on Rules and Procedures Governing the
Settlement of Disputes (DSU), Turkey hereby notif ies the Government of the People's Republic of
China ("China"), the Government of the United States, and the Dispute Settlement Body that it desires
to be joined in the further consultations requested by the United States in a communication circulated
to WTO Members on 25 June 2009 (, ) entitled , since China is a major trading partner of Turkey.

 Turkey has a substantial trade interest in th e matters under consideration. In this respect,
Turkey desires to closely monitor consultations and take part in this process.
CHINA – MEASURES RELATED TO THE EXPORTATION OF VARIOUS RAW MATERIALS
Document: Request to Join Consultations Communication from Canada
Date: 8 July 2009
Document codes: WT/DS394/4
Complainant: U.S.
Respondent: China
Third parties: Argentina, Brazil, Canada, Chile, Colombia, Ecuador, EU, India, Japan, South Korea, Mexico, Norway, Taiwan, Turkey, Saudi Arabia
Dispute stage: Appellate Body
Agreements cited: Art. VIII:1, VIII:4, X:1, X:3, XI:1  GATT 1994Part I, para. 1.2, Part I, para. 5.1, Part I, para. 5.2, Part I, para. 8.2,   Protocol of Accession

CHINA – MEASURES RELATED TO THE EXPORTATION
OF VARIOUS RAW MATERIALS

Request to Join Consultations

Communication from Canada

 The following communication, dated 6 July 2009, from the delegation of Canada to the
delegation of China, the delegation of the United States and to the Chairman 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 Canada here by notifies its desire to join in the
consultations requested by the United States pursuant to Articles 1 and 4 of the DSU and Article XXII
of the General Agreement on Tariffs and Trade 1994 with respect to China's restraints on the export
from China of various forms of bauxite, coke, fluorspar, magnesium, manganese, silicon carbide,
silicon metal, yellow phosphorus and zinc.

 The relevant communication to the Permanent Mission of the People's Republic of China
from the Permanent Mission of the United States, dated 23 June 2009, was circulated to WTO
Members on 25 June 2009 as

 Canada has a substantial trade interest in these proceedings, as it is a major exporter and
importer of the named materials. Canada is c oncerned that the measures at issue cause marked
distortion in the availability and international pri ces for those materials and in the price of products
manufactured from them. Accordingly, Canada requests to join in these consultations.
CHINA - MEASURES RELATED TO THE EXPORTATION OF VARIOUS RAW MATERIALS
Document: Acceptance by China of the Requests to Join Consultations Canada, the European Communities, Mexico and Turkey 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 th at it had accepted the requests of Canada, the European Communities, Mexico and Turkey to join the consultations. CHINE - MESURES RELATIVES À L'EXPORTATION DE DIVERSES MATIÈRES PREMIÈRES
Date: 28 July 2009
Document codes: WT/DS394/6
Complainant: U.S.
Respondent: China
Third parties: Argentina, Brazil, Canada, Chile, Colombia, Ecuador, EU, India, Japan, South Korea, Mexico, Norway, Taiwan, Turkey, Saudi Arabia
Dispute stage: Appellate Body
Agreements cited: Art. VIII:1, VIII:4, X:1, X:3, XI:1  GATT 1994Part I, para. 1.2, Part I, para. 5.1, Part I, para. 5.2, Part I, para. 8.2,   Protocol of Accession

CHINA - MEASURES RELATED TO THE EXPORTATION
OF VARIOUS RAW MATERIALS

Acceptance by China of the Requests to Join Consultations

 Canada, the European Communities, Mexico and Turkey 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 th at it had accepted the requests of Canada, the
European Communities, Mexico and Turkey to join the consultations.

CHINE - MESURES RELATIVES À L'EXPORTATION
DE DIVERSES MATIÈRES PREMIÈRES

de règlement des différends (ORD ) qu'ils désiraient être admis à participer aux consultations
règlement des différends.

CHINA - MEDIDAS RELATIVAS A LA EXPORTACIÓN DE
DIVERSAS MATERIAS PRIMAS

 El Canadá, las Comunidades Europeas, México y Turquía notificaron al Órgano de Solución

 La delegación de China ha informado al OS D de que ha aceptado las solicitudes de asociación
CHINA – MEASURES RELATED TO THE EXPORTATION OF VARIOUS RAW MATERIALS
Document: Joint Communication from the United States and China
Date: 13 January 2012
Document codes: WT/DS394/14
Complainant: U.S.
Respondent: China
Third parties: Argentina, Brazil, Canada, Chile, Colombia, Ecuador, EU, India, Japan, South Korea, Mexico, Norway, Taiwan, Turkey, Saudi Arabia
Dispute stage: Appellate Body
Agreements cited: Art. VIII:1, VIII:4, X:1, X:3, XI:1  GATT 1994Part I, para. 1.2, Part I, para. 5.1, Part I, para. 5.2, Part I, para. 8.2,   Protocol of Accession

CHINA – MEASURES RELATED TO THE EXPORTATION
OF VARIOUS RAW MATERIALS

Joint Communication from the United States and China

 The following communication, dated 10 January 2012, from the delegation of the
United States and the delegation of China to the Pr esiding Member of the Division of the Appellate
Body hearing this appeal, is circulated at the request of those delegations.

Prior to the initiation of the appeal in the a bove referenced dispute, the Appellate Body
Secretariat requested to meet with the United Stat es and China to discuss scheduling issues relating to
a possible appeal. The Secretariat informed the par ties that the Appellate Body considered that it
would not be possible to circulate the Appellate Body Report in an appeal within the 90-day time limit
referred to in Article 17.5 of the Understanding on Rules and Procedures Governing the Settlement of
Disputes ("DSU"). In light of the complex appeal un der consideration by the Appellate Body and the
numerous issues likely to arise in an appeal in th is dispute, the United States and China agreed to
extend the 90-day deadline for completion of the Appellate Body Report.

On 28 October 2011, the Appellate Body informed the DSB of its reasons for the delay in
providing its report and stated that the report "will be circulated to Members no later than Tuesday,
31 January 2012". Consistent with past practice, the United States and China hereby confirm that
they will each deem an Appellate Body Repor t in this proceeding, issued no later than
31 January 2012, to be an Appellate Body Report circulated pursuant to Article 17.5 of the DSU.

H.E. Mr. Michael Punke
Ambassador
Permanent Mission of the United States

Ms. Zhao Hong
Chargé d’affaires a.i.
Permanent Mission of China
CHINA – MEASURES RELATED TO THE EXPORTATION OF VARIOUS RAW MATERIALS
Document: Communication from the United States and China concerning Article 21.3(c) of the DSU
Date: 16 April 2012
Document codes: WT/DS394/17
Complainant: U.S.
Respondent: China
Third parties: Argentina, Brazil, Canada, Chile, Colombia, Ecuador, EU, India, Japan, South Korea, Mexico, Norway, Taiwan, Turkey, Saudi Arabia
Dispute stage: Appellate Body
Agreements cited: Art. VIII:1, VIII:4, X:1, X:3, XI:1  GATT 1994Part I, para. 1.2, Part I, para. 5.1, Part I, para. 5.2, Part I, para. 8.2,   Protocol of Accession

CHINA – MEASURES RELATED TO THE EXPORTATION
OF VARIOUS RAW MATERIALS

Communication from the United States and China concerning
Article 21.3(c) of the DSU

 The following communication, dated 10 April 2012, from the delegation of the United States
and the delegation of China to the Chairperson of th e Dispute Settlement Body, is circulated at the
request of these delegations.

At its meeting on 22 February 2012, the Dis pute Settlement Body ("DSB") adopted its
recommendations and rulings in the dispute (DS394). In its statement at the meeti ng of the DSB held on 23 March 2012, China
announced its intention to implement the DSB's re commendations and rulings in this dispute and
stated that it would need a reasonable period of time in which to do so.
Article 21.3(c) of the Understanding on Rul es and Procedures Governing the Settlement of
Disputes ("DSU") provides that, in the absence of an agreement between the parties on a period of
time, the reasonable period of time shall be determ ined "through binding arbitration within 90 days
after the date of adoption of the recommendations and rulings."
In order to allow sufficient time for the parties to discuss a mutually agreed period, the United
States and China (i) agree that, in the event an arbitration under Article 21.3(c) of the DSU is
requested, it shall be completed no later than 60 days after the date of the appointment of an arbitrator,
unless the arbitrator, following consultation with the parties, considers that additional time is required;
and (ii) hereby confirm that any award of the arbitr ator (including an award not made within 90 days
after the date of adoption of the DSB recommendations and rulings) shall be deemed to be an award
of the arbitrator for the purposes of Article 21.3(c) of the DSU in determining the reasonable period of
time for China to implement the recommendations and rulings of the DSB.
We respectfully request that you circulate this notification to the Members of the DSB.

H.E. Mr. Michael Punke
Ambassador
Permanent Mission of the United States

H.E. Mr. Yi Xiaozhun
Ambassador
Permanent Mission of China
CHINA – MEASURES RELATED TO THE EXPORTATION OF VARIOUS RAW MATERIALS
Document: Agreement under Article 21.3(b) of the DSU
Date: 30 May 2012
Document codes: WT/DS394/18
Complainant: U.S.
Respondent: China
Third parties: Argentina, Brazil, Canada, Chile, Colombia, Ecuador, EU, India, Japan, South Korea, Mexico, Norway, Taiwan, Turkey, Saudi Arabia
Dispute stage: Appellate Body
Agreements cited: Art. VIII:1, VIII:4, X:1, X:3, XI:1  GATT 1994Part I, para. 1.2, Part I, para. 5.1, Part I, para. 5.2, Part I, para. 8.2,   Protocol of Accession

CHINA – MEASURES RELATED TO THE EXPORTATION
OF VARIOUS RAW MATERIALS

Agreement under Article 21.3(b) of the DSU

 The following communication, dated 24 May 2012, from the delegation of China and the
delegation of the United States to the Chairperson of the Dispute Settlement Body, is circulated in
accordance with Article 21.3(b) of the DSU.

 We wish to inform you that, pursuant to Article 21.3(b) of the Understanding on Rules and
Procedures Governing the Settlement of Disputes, the People’s Republic of China ("China") and the
United States of America have agreed that the re asonable period of time for China to implement the
recommendations and rulings of the Disput e Settlement Body ("DSB") in the dispute (WT/DS394) shall be 10 months and
9 days from the 22 February 2012 date of adoption of the DSB recommendations and rulings.
Accordingly, the reasonable period of time expires on 31 December 2012.

 We request that you circulate this notification to the Members of the DSB.

(Signed)
Ms. Zhao Hong
Chargé d’Affaires a.i.
Permanent Mission of the People's Republic of
China

(Signed)
Mr. David P. Shark
Chargé d’Affaires a.i.
Permanent Mission of the United States
of America
CHINA – MEASURES RELATED TO THE EXPORTATION OF VARIOUS RAW MATERIALS
Document: Status Report by China
Date: 7 December 2012
Document codes: WT/DS394/19; WT/DS395/18; WT/DS398/17
Complainant: U.S.
Respondent: China
Third parties: Argentina, Brazil, Canada, Chile, Colombia, Ecuador, EU, India, Japan, South Korea, Mexico, Norway, Taiwan, Turkey, Saudi Arabia
Dispute stage: Appellate Body
Agreements cited: Art. VIII:1, VIII:4, X:1, X:3, XI:1  GATT 1994Part I, para. 1.2, Part I, para. 5.1, Part I, para. 5.2, Part I, para. 8.2,   Protocol of Accession

CHINA – MEASURES RELATED TO THE EXPORTATION
OF VARIOUS RAW MATERIALS

Status Report by China

 The following communication, dated 6 Decembe r 2012, from the delegation of China to the
Chairperson of the Dispute Settlement Body, is circulated pursuant to Article 21.6 of the DSU.

Status Report Regarding Implementation of the
DSB Recommendations and Rulings in the Disputes
China — Measures Related to the Exportation of Various Raw Materials
(WT/DS394, WT/DS395, WT/DS398)

 China submits this report in accordance with Article 21.6 of the Understanding on Rules and
Procedures Governing the Settlement of Disputes.

 On 22 February 2012, the Dispute Settleme nt Body ("DSB") adopted its recommendations
and rulings in China — Measures Related to the Expo rtation of Various Raw Materials (WT/DS394,
WT/DS395, WT/DS398). At the DSB meeting on 23 March 2012, China informed the DSB of its
intention to implement the recommendations and rulings of the DSB in connection with this matter.
On 24 May 2012, China, the United States, the Eu ropean Union and Mexico notified the DSB that
they had agreed that the reasonable period of tim e for China to implement the DSB recommendations
and rulings shall be 10 months and 9 days, which would expire on 31 December 2012.

 The notices regarding the 2013 Tariff Implemen tation Program and 2013 Catalogue of Goods
subject to Export Licensing Administration are being drafted and expected to be promulgated by the
end of 2012. The measures will ensure the implementation of the recommendations and rulings of the
DSB in these disputes.
CHINA – MEASURES RELATED TO THE EXPORTATION OF VARIOUS RAW MATERIALS STATUS REPORT BY CHINA
Document: Addendum
Date: 18 January 2013
Document codes: WT/DS394/19/Add.1; WT/DS395/18/Add.1; WT/DS398/17/Add.1
Complainant: U.S.
Respondent: China
Third parties: Argentina, Brazil, Canada, Chile, Colombia, Ecuador, EU, India, Japan, South Korea, Mexico, Norway, Taiwan, Turkey, Saudi Arabia
Dispute stage: Appellate Body
Agreements cited: Art. VIII:1, VIII:4, X:1, X:3, XI:1  GATT 1994Part I, para. 1.2, Part I, para. 5.1, Part I, para. 5.2, Part I, para. 8.2,   Protocol of Accession

CHINA – MEASURES RELATED TO THE EXPORTATION
OF VARIOUS RAW MATERIALS
STATUS REPORT BY CHINA
Addendum
 The following communication, dated 17 January 2013, from the delegation of China to the
Chairperson of the Dispute Settlement Body, is circulated pursuant to Article 21.6 of the DSU.

Status Report Regarding Implementation of the
DSB Recommendations and Rulings in the Disputes
China — Measures Related to the Exportation of Various Raw Materials
(WT/DS394, WT/DS395, WT/DS398)

 China submits this report in accordance with Article 21.6 of the Understanding on Rules and
Procedures Governing the Settlement of Disputes.

 On 22 February 2012, the Dispute Settlement Body (“DSB”) adopted its recommendations
and rulings in China — Measures Related to the Exportation of Various Raw Materials (WT/DS394,
WT/DS395, WT/DS398). At the DSB meeting on 23 March 2012, China informed the DSB of its
intention to implement the recommendations and rulings of the DSB in connection with this
matter. On 24 May 2012, China, the United Stat es, the European Union and Mexico notified the
DSB that they had agreed that the reasonable period of time for China to implement the DSB
recommendations and rulings shall be 10 months and 9 days, which would expire on
31 December 2012.

On 28 December 2012, the General Administration of Customs of the People’s Republic of
China promulgated 2013 Tariff Implementation Program (Zongshugonggao 2012 No.63). On
31 December 2012, the Ministry of Commerce of th e People’s Republic of China and the General
Administration of Customs of the People’s Re public of China jointly promulgated the 2013
Catalogue of Goods subject to Export Licensing Administration (Gonggao 2012 No.97). According
to the notices, the application of export duties to certain forms of bauxite, coke, fluorspar,
magnesium, manganese, silicon metal and zinc, and the export quotas to certain forms of bauxite,
coke, fluorspar, silicon carbide and zinc, which we re found inconsistent with the WTO rules by the
Panel and Appellate Body in these disputes, has been removed. Both notices took into effect on
1 January 2013.

 Through the measures, China has fully implemented the DSB recommendations and rulings
in these disputes.
CHINA – MEASURES RELATED TO THE EXPORTATION OF VARIOUS RAW MATERIALS
Document: Appellate Body Reports and Panel Reports Action by the Dispute Settlement Body
Date: 24 February 2012
Document codes: WT/DS394/16; WT/DS395/15; WT/DS398/14; WT/DS394/AB/R; WT/DS395/AB/R; WT/DS398/AB/; WT/DS394/R; WT/DS395/R; WT/DS398/R
Complainant: U.S.
Respondent: China
Third parties: Argentina, Brazil, Canada, Chile, Colombia, Ecuador, EU, India, Japan, South Korea, Mexico, Norway, Taiwan, Turkey, Saudi Arabia
Dispute stage: Appellate Body
Agreements cited: Art. VIII:1, VIII:4, X:1, X:3, XI:1  GATT 1994Part I, para. 1.2, Part I, para. 5.1, Part I, para. 5.2, Part I, para. 8.2,   Protocol of Accession

CHINA – MEASURES RELATED TO THE EXPORTATION
OF VARIOUS RAW MATERIALS

Appellate Body Reports and Panel Reports

Action by the Dispute Settlement Body

 At its meeting on 22 February 2012, the Dis pute Settlement Body adopted the Appellate Body
reports on China – Measures Related to the Ex portation of Various Raw Materials
(, , R) and the Panel reports (,
, and Corr.1 and Add.1) as modified by the Appellate Body reports. The
Panel reports should be read in conjunction with the Appellate Body reports.

CHINE – MESURES RELATIVES À L'EXPORTATION
DE DIVERSES MATIÈRES PREMIÈRES

Rapports de l'Organe d'appel et rapports du Groupe spécial

 À sa réunion du 22 février 2012, l'Organe de rè glement des différends a adopté les rapports de
l'Organe d'appel sur l'affaire Chine – Mesures relatives à l'exportation de diverses matières premières
(, , et Corr.1 et Add.1) modifiés par les rapports de l'Organe

CHINA - MEDIDAS RELATIVAS A LA EXPORTACIÓN
DE DIVERSAS MATERIAS PRIMAS

Actuación del Órgano de Solución de Diferencias

 En su reunión de 22 de febrero de 2012, el Órgano de Solución de Diferencias adoptó los
diversas materias primas (, , ) y los informes
del Grupo Especial (, , WT /DS398/R y Corr.1 y Add.1), modificados por
CHINA – MEASURES RELATED TO THE EXPORTATION OF VARIOUS RAW MATERIALS
Document: Request to Join Consultations Communication from Mexico
Date: 9 July 2009
Document codes: WT/DS394/5; WT/DS395/5
Complainant: EU
Respondent: China
Third parties: Argentina, Brazil, Canada, Chile, Colombia, Ecuador, India, Japan, South Korea, Mexico, Norway, Taiwan, Turkey, Saudi Arabia, U.S.
Dispute stage: Appellate Body
Agreements cited: Part I, para. 1.2, Part I, para. 5.1, Part I, para. 5.2, Part I, para. 8.2,   Protocol of AccessionArt. VIII:1, VIII:4, X:1, X:3, XI:1  GATT 1994

CHINA – MEASURES RELATED TO THE EXPORTATION
OF VARIOUS RAW MATERIALS

Request to Join Consultations

Communication from Mexico

 The following communication, dated 6 July 2009, from the delegation of Mexico to the
delegation of China, the delegation of the United States, the delegation of the European Communities
and to the Chairman of the Dispute Settlement Body, is circulated in accordance with Article 4.11 of
the DSU.

 I have been instructed by my authorities to notify you that, pursuant to Article 4.11 of the
Understanding on Rules and Procedures Governi ng the Settlement of Disputes (DSU), the
Government of Mexico wishes to be joined in the consultations requested by the United States and the
European Communities in communications circulated to WTO Members on 25 June 2009 (documents
, , and , ) entitled , in the light of Mexico's substantial trade interest in this dispute
owing to the increasing trade between Mexico and the People's Republic of China.
CHINA – MEASURES RELATED TO THE EXPORTATION OF VARIOUS RAW MATERIALS
Document: Communication from the Chairman of the Panel
Date: 21 October 2010
Document codes: WT/DS394/10; WT/DS395/10; WT/DS398/9
Complainant: Mexico
Respondent: China
Third parties: Argentina, Brazil, Canada, Chile, Colombia, Ecuador, EU, India, Japan, South Korea, Norway, Taiwan, Turkey, Saudi Arabia, U.S.
Dispute stage: Appellate Body
Agreements cited: Art. VIII:1, VIII:4, X:1, X:3, XI:1  GATT 1994Part I, para. 1.2, Part I, para. 5.1, Part I, para. 5.2, , Part I, para. 8.2  Protocol of Accession

CHINA – MEASURES RELATED TO THE EXPORTATION
OF VARIOUS RAW MATERIALS

Communication from the Chairman of the Panel

 The following communication, dated 19 Octobe r 2010, addressed to the Chairman 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 pa nel shall conduct its examination, from 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 Settle ment Body (DSB) in writing of the reasons for the
delay, together with an estimate of the period within which it will issue its report.

 The Panel on C hina – Measures Related to the Exportation of Various Raw Materials
(WT/DS394, WT/DS395, WT/DS398) was established by the DSB on 21 December 2009, and
composed on 30 March 2010.

 The timetable agreed after consultations with the Parties envisages the proceedings will be
finalized by April 2011. The Panel expects to conclude its work within that time-frame.
CHINA – MEASURES RELATED TO THE EXPORTATION OF VARIOUS RAW MATERIALS
Document: Communication from the Appellate Body
Date: 8 December 2011
Document codes: WT/DS394/13; WT/DS395/13; WT/DS398/12
Complainant: Mexico
Respondent: China
Third parties: Argentina, Brazil, Canada, Chile, Colombia, Ecuador, EU, India, Japan, South Korea, Norway, Taiwan, Turkey, Saudi Arabia, U.S.
Dispute stage: Appellate Body
Agreements cited: Art. VIII:1, VIII:4, X:1, X:3, XI:1  GATT 1994Part I, para. 1.2, Part I, para. 5.1, Part I, para. 5.2, , Part I, para. 8.2  Protocol of Accession

CHINA – MEASURES RELATED TO THE EXPORTATION
OF VARIOUS RAW MATERIALS

Communication from the Appellate Body

 The following communication, dated 28 Octobe r 2011, from the Chair of the Appellate Body
addressed to the Chair of the Dispute Settlement Bo dy, is circulated in accordance with Article 17.5
of the Understanding on Rules and Procedures Governing the Settlement of Disputes.

 I am writing to you pursuant to Article 17.5 of the Understanding on Rules and Procedures
Governing the Settlement of Disputes, which stipulates that, as a general rule, the Appellate Body will
circulate its Report no later than 60 days afte r the appellant has formally notified the Dispute
Settlement Body (the "DSB") of its decision to appeal . Article 17.5 states, furthermore, that when the
Appellate Body considers that it cannot provide its Report within 60 days, it shall inform the DSB in
writing of the reasons for the delay together with an estimate of the period within which it will submit
its Report.

 China notified the DSB on 31 August 2011 of its decision to appeal certain issues of law
covered in the Panel Report and le gal interpretations developed by the Panel in this case, with the
result that the 60-day period expires on Monday, 31 October 2011. Due to the significant size of this
appeal, including the number and complexity of the issues raised by both China and each of the three
other appellants, the Appellate Body will not be able to circulate its Report within 90 days. Given the
scope and timing of this appeal and the demands that it, along with the two other pending appeals,
places on the Appellate Body and translation services, the Appellate Body Report in this appeal will be
circulated to WTO Members no later than Tuesday, 31 January 2012.
CHINA – MEASURES RELATED TO THE EXPORTATION OF VARIOUS RAW MATERIALS
Document: Communication from the Appellate Body
Date: 1 February 2012
Document codes: WT/DS394/15; WT/DS395/14; WT/DS398/13; WT/DS394/AB/R; WT/DS395/AB/R; WT/DS398/AB/R.
Complainant: Mexico
Respondent: China
Third parties: Argentina, Brazil, Canada, Chile, Colombia, Ecuador, EU, India, Japan, South Korea, Norway, Taiwan, Turkey, Saudi Arabia, U.S.
Dispute stage: Appellate Body
Agreements cited: Art. VIII:1, VIII:4, X:1, X:3, XI:1  GATT 1994Part I, para. 1.2, Part I, para. 5.1, Part I, para. 5.2, , Part I, para. 8.2  Protocol of Accession

CHINA – MEASURES RELATED TO THE EXPORTATION
OF VARIOUS RAW MATERIALS

Communication from the Appellate Body

 The following communication, dated 30 January 2012, from the Chair of the Appellate Body
addressed to the Chair of the Dispute Settlement Bo dy, is circulated in accordance with Article 17.5
of the Understanding on Rules and Procedures Governing the Settlement of Disputes.

 It is my honour to provide to you the Reports of the Appellate Body in , , ,
 The three Reports will be circul ated, in the form of a single document, to
Members of the at 4.00 p.m. today, in accordance with paragraph 5 of
Article 17 of the Understanding on Rules and Procedures Governing the Settlement of Disputes . It is
a confidential document until its circulation. The three Members of the Appellate Body who served
on this appeal were Mr. Ricardo Ramírez-Hernández, as Presiding Member, and Ms. Jennifer Hillman
and Mr. Shotaro Oshima, as Members.
CHINA – MEASURES RELATED TO THE EXPORTATION OF VARIOUS RAW MATERIALS
Document: Reports of the Panel Corrigendum Paragraph 1.9, last sentence should read as follows: "The Panel Reports were circulated to WTO Members on 5 July 2011." CHINE – MESURES RELATIVES À L'EXPORTATION DE DIVERSES MATIÈRES PREMIÈRES
Date: 17 August 2011
Document codes: WT/DS394/R/Corr.1; WT/DS395/R/Corr.1; WT/DS398/R/Corr.1
Complainant: Mexico
Respondent: China
Third parties: Argentina, Brazil, Canada, Chile, Colombia, Ecuador, EU, India, Japan, South Korea, Norway, Taiwan, Turkey, Saudi Arabia, U.S.
Dispute stage: Appellate Body
Agreements cited: Art. VIII:1, VIII:4, X:1, X:3, XI:1  GATT 1994Part I, para. 1.2, Part I, para. 5.1, Part I, para. 5.2, , Part I, para. 8.2  Protocol of Accession

CHINA – MEASURES RELATED TO THE EXPORTATION
OF VARIOUS RAW MATERIALS

Reports of the Panel

Corrigendum

Paragraph 1.9, last sentence should read as follows:

"The Panel Reports were circulated to WTO Members on 5 July 2011."

CHINE – MESURES RELATIVES À L'EXPORTATION
DE DIVERSES MATIÈRES PREMIÈRES

Rapport du Groupe spécial

Corrigendum

Au paragraphe 1.9, la dernière phrase doit se lire comme suit:

2011."

CHINA – MEDIDAS RELATIVAS A LA EXPORTACIÓN
DE DIVERSAS MATERIAS PRIMAS

Informes del Grupo Especial

Corrigendum

julio de 2011."
CHINA – MEASURES RELATED TO THE EXPORTATION OF VARIOUS RAW MATERIALS
Document: Request to Join Consultations Communication from Turkey
Date: 8 July 2009
Document codes: WT/DS395/2
Complainant: EU
Respondent: China
Third parties: Argentina, Brazil, Canada, Chile, Colombia, Ecuador, India, Japan, South Korea, Mexico, Norway, Taiwan, Turkey, Saudi Arabia, U.S.
Dispute stage: Appellate Body
Agreements cited: Part I, para. 1.2, Part I, para. 5.1, Part I, para. 5.2, Part I, para. 8.2,   Protocol of AccessionArt. VIII:1, VIII:4, X:1, X:3, XI:1  GATT 1994

CHINA – MEASURES RELATED TO THE EXPORTATION
OF VARIOUS RAW MATERIALS

Request to Join Consultations

Communication from Turkey

 The following communication, dated 6 July 2009, from the delegation of Turkey to the
delegation of China, the delegation of the European Communities and to the Chairman of the Dispute
Settlement Body, is circulated in accordance with Article 4.11 of the DSU.

 Pursuant to Article 4.11 of the Understa nding on Rules and Procedures Governing the
Settlement of Disputes (DSU), Turkey hereby notif ies the Government of the People's Republic of
China ("China"), the European Communities and th e Dispute Settlement Body that it desires to be
joined in the further consultations requested by the European Communities in a communication
circulated to WTO Members on 25 June 2009 (, ) entitled , since Turkey is net importer of the raw
materials subject to the measure and China is a major trading partner of Turkey.

 Turkey has a substantial trade interest in th e matters under consideration. In this respect,
Turkey desires to closely monitor consultations and take part in this process.
CHINA – MEASURES RELATED TO THE EXPORTATION OF VARIOUS RAW MATERIALS
Document: Request to Join Consultations Communication from the United States
Date: 8 July 2009
Document codes: WT/DS395/3; WT/DS395/1
Complainant: EU
Respondent: China
Third parties: Argentina, Brazil, Canada, Chile, Colombia, Ecuador, India, Japan, South Korea, Mexico, Norway, Taiwan, Turkey, Saudi Arabia, U.S.
Dispute stage: Appellate Body
Agreements cited: Part I, para. 1.2, Part I, para. 5.1, Part I, para. 5.2, Part I, para. 8.2,   Protocol of AccessionArt. VIII:1, VIII:4, X:1, X:3, XI:1  GATT 1994

CHINA – MEASURES RELATED TO THE EXPORTATION
OF VARIOUS RAW MATERIALS

Request to Join Consultations

Communication from the United States

 The following communication, dated 6 July 2009, from the delegation of the United States to
the delegation of China, the delegation of the Eu ropean Communities and to the Chairman of the
Dispute Settlement Body, is circulated in accordance with Article 4.11 of the DSU.

This concerns the request for consu ltations by the European Communities on China –
Measures Related to the Exporta tion of Various Raw Materials , circulated on 25 June 2009
(). My authorities have instructed me to no tify the consulting Members and the Dispute
Settlement Body of the desire of the United States to be joined in these consultations, pursuant to
Article 4.11 of the Understanding on Rules and Procedures Governing the Settlement of Disputes .
The United States has a substantial trade interest in these consultations. They concern certain
measures of China related to the exportation of various raw materials from China on which the
United States has also requested consultati ons (). These measures restrain the
exportation of raw materials from China, including th e nine materials at issue, that are used by
US industries, and they affect the conditions of competition facing US-produced goods sold in the
US and foreign markets.
CHINA – MEASURES RELATED TO THE EXPORTATION OF VARIOUS RAW MATERIALS
Document: Request to Join Consultations Communication from Canada
Date: 8 July 2009
Document codes: WT/DS395/4
Complainant: EU
Respondent: China
Third parties: Argentina, Brazil, Canada, Chile, Colombia, Ecuador, India, Japan, South Korea, Mexico, Norway, Taiwan, Turkey, Saudi Arabia, U.S.
Dispute stage: Appellate Body
Agreements cited: Part I, para. 1.2, Part I, para. 5.1, Part I, para. 5.2, Part I, para. 8.2,   Protocol of AccessionArt. VIII:1, VIII:4, X:1, X:3, XI:1  GATT 1994

CHINA – MEASURES RELATED TO THE EXPORTATION
OF VARIOUS RAW MATERIALS

Request to Join Consultations

Communication from Canada

 The following communication, dated 6 July 2009, from the delegation of Canada to the
delegation of China, the delegation of the European Communities and to the Chairman 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 Canada here by notifies its desire to join in the
consultations requested by the European Communiti es pursuant to Articles 1 and 4 of the DSU and
Article XXII of the General Agreement on Tariffs and Trade 1994 with respect to China's restraints
on the export from China of various forms of bauxite, coke, fluorspar, magnesium, manganese, silicon
carbide, silicon metal, yellow phosphorus and zinc.

 The relevant communication to the Permanent Mission of the People's Republic of China
from the Permanent Delegation of the European Commi ssion, dated 23 June 2009, was circulated to
WTO Members on 25 June 2009 as China – Measures Related to th e Exportation of Various Raw
Materials (, ).

 Canada has a substantial trade interest in these proceedings, as it is a major exporter and
importer of the named materials. Canada is c oncerned that the measures at issue cause marked
distortion in the availability and international pri ces for those materials and in the price of products
manufactured from them. Accordingly, Canada requests to join in these consultations.
CHINA - MEASURES RELATED TO THE EXPORTATION OF VARIOUS RAW MATERIALS
Document: Acceptance by China of the Requests to Join Consultations Canada, Mexico, Turkey and the United Stat es notified the Dispute Settlement Body (DSB) of their desire to be joined in the consultations  requested by the European  Communities, pursuant to Article 4.11 of the DSU. The delegation of China informed the DSB that it had accepted the requests of Canada, Mexico, Turkey and the United States to join the consultations. CHINE - MESURES RELATIVES À L'EXPORTATION DE DIVERSES MATIÈRES PREMIÈRES
Date: 28 July 2009
Document codes: WT/DS395/6
Complainant: EU
Respondent: China
Third parties: Argentina, Brazil, Canada, Chile, Colombia, Ecuador, India, Japan, South Korea, Mexico, Norway, Taiwan, Turkey, Saudi Arabia, U.S.
Dispute stage: Appellate Body
Agreements cited: Part I, para. 1.2, Part I, para. 5.1, Part I, para. 5.2, Part I, para. 8.2,   Protocol of AccessionArt. VIII:1, VIII:4, X:1, X:3, XI:1  GATT 1994

CHINA - MEASURES RELATED TO THE EXPORTATION
OF VARIOUS RAW MATERIALS

Acceptance by China of the Requests to Join Consultations

 Canada, Mexico, Turkey and the United Stat es notified the Dispute Settlement Body (DSB)
of their desire to be joined in the consultations requested by the European Communities, pursuant to
Article 4.11 of the DSU.

 The delegation of China informed the DSB that it had accepted the requests of Canada,
Mexico, Turkey and the United States to join the consultations.

CHINE - MESURES RELATIVES À L'EXPORTATION
DE DIVERSES MATIÈRES PREMIÈRES

des différends.

CHINA - MEDIDAS RELATIVAS A LA EXPORTACIÓN DE
DIVERSAS MATERIAS PRIMAS

 El Canadá, los Estados Unidos, México y Tu rquía notificaron al Órgano de Solución de

 La delegación de China ha informado al OS D de que ha aceptado las solicitudes de asociación
CHINA – MEASURES RELATED TO THE EXPORTATION OF VARIOUS RAW MATERIALS
Document: Communication from the European Union and China concerning Article 21.3(c) of the DSU
Date: 16 April 2012
Document codes: WT/DS395/16
Complainant: EU
Respondent: China
Third parties: Argentina, Brazil, Canada, Chile, Colombia, Ecuador, India, Japan, South Korea, Mexico, Norway, Taiwan, Turkey, Saudi Arabia, U.S.
Dispute stage: Appellate Body
Agreements cited: Part I, para. 1.2, Part I, para. 5.1, Part I, para. 5.2, Part I, para. 8.2,   Protocol of AccessionArt. VIII:1, VIII:4, X:1, X:3, XI:1  GATT 1994

CHINA – MEASURES RELATED TO THE EXPORTATION
OF VARIOUS RAW MATERIALS

Communication from the European Union and China concerning
Article 21.3(c) of the DSU

 The following communication, dated 10 April 2012, from the delegation of the
European Union and the delegation of China to th e Chairperson of the Dispute Settlement Body, is
circulated at the request of these delegations.

 At its meeting on 22 February 2012, the Di spute Settlement Body ("DSB") adopted its
recommendations and rulings in the dispute (DS395). In its statement at the meeti ng of the DSB held on 23 March 2012, China
announced its intention to implement the DSB's re commendations and rulings in this dispute and
stated that it would need a reasonable period of time in which to do so.
 Article 21.3(c) of the Understanding on Rul es and Procedures Governing the Settlement of
Disputes ("DSU") provides that, in the absence of an agreement between the parties on a period of
time, the reasonable period of time shall be determ ined "through binding arbitration within 90 days
after the date of adoption of the recommendations and rulings."
 In order to allow sufficient time for the par ties to discuss a mutually agreed period, the
European Union and China (i) agree that, in the ev ent an arbitration under Article 21.3(c) of the DSU
is requested, it shall be completed no later than 60 days after the date of the appointment of an
arbitrator, unless the arbitrator, following consultatio n with the parties, considers that additional time
is required; and (ii) hereby confirm that any awar d of the arbitrator (including an award not made
within 90 days after the date of adoption of the DSB recommendations and rulings) shall be deemed
to be an award of the arbitrator for the purposes of Article 21.3(c) of the DSU in determining the
reasonable period of time for China to implement the recommendations and rulings of the DSB.
 We respectfully request that you circulate th is notification to the Members of the DSB.
For the European Union

Detlev Brauns
Chargé d'Affaires a.i.

For the People's Republic of China

Yi Xiaozhun
Ambassador
CHINA – MEASURES RELATED TO THE EXPORTATION OF VARIOUS RAW MATERIALS
Document: Agreement under Article 21.3(b) of the DSU
Date: 30 May 2012
Document codes: WT/DS395/17
Complainant: EU
Respondent: China
Third parties: Argentina, Brazil, Canada, Chile, Colombia, Ecuador, India, Japan, South Korea, Mexico, Norway, Taiwan, Turkey, Saudi Arabia, U.S.
Dispute stage: Appellate Body
Agreements cited: Part I, para. 1.2, Part I, para. 5.1, Part I, para. 5.2, Part I, para. 8.2,   Protocol of AccessionArt. VIII:1, VIII:4, X:1, X:3, XI:1  GATT 1994

CHINA – MEASURES RELATED TO THE EXPORTATION
OF VARIOUS RAW MATERIALS

Agreement under Article 21.3(b) of the DSU

 The following communication, dated 24 May 2012, from the delegation of China and the
delegation of the European Union to the Chairperson of the Dispute Settlement Body, is circulated in
accordance with Article 21.3(b) of the DSU.

 We wish to inform you that, pursuant to Article 21.3(b) of the Understanding on Rules and
Procedures Governing the Settlement of Disputes ("DSU"), China and the European Union have
agreed that the reasonable period of time for Chin a to implement the recommendations and rulings of
the Dispute Settlement Body ("DSB") in the dispute China-Measures Related to the Exportation of
Various Raw Materials (WT/DS395) shall be 10 months and 9 days from the 22 February 2012 date
of adoption of the DSB recommendations and rulings . Accordingly, the reasonable period of time
expires on 31 December 2012.

 We request that you circulate this notification to the Members of the DSB.

For the People's Republic of China

(Signed)
Ms. ZHAO Hong
Chargé d'Affaires a.i.
 For the European Union

(Signed)
Mr. Detlev BRAUNS
Chargé d'Affaires a.i.
PHILIPPINES – TAXES ON DISTILLED SPIRITS
Document: Request to Join Consultations Communication from the United States
Date: 12 August 2009
Document codes: WT/DS396/2; WT/DS396/1
Complainant: EU
Respondent: Philippines
Third parties: Australia, China, India, Mexico, Thailand, Taiwan, U.S.
Dispute stage: Appellate Body
Agreements cited: Art. III:2  GATT 1994

PHILIPPINES – TAXES ON DISTILLED SPIRITS

Request to Join Consultations

Communication from the United States

 The following communication, dated 10 Augus t 2009, from the delegation of the United
States to the delegation of the Philippines, the de legation of the European Communities and to the
Chairman of the Dispute Settlement Body, is circulated in accordance with Article 4.11 of the DSU.

 This concerns the request for consultati ons by the European Communities regarding
, circulated on 30 July 2009 (). My authorities
have instructed me to notify the consulting Members and the Dispute Settlement Body of the desire of
the United States to be joined in these cons ultations, pursuant to Article 4.11 of the Understanding on
Rules and Procedures Governing the Settlement of Disputes.

 As a leading producer and exporter of spirits, th e United States has a substantial trade interest
in these consultations. Over the period 2004-2008, US exports of spirits worldwide averaged over
$970 million,
1 making the United States one of the world's largest exporters of spirits.
PHILIPPINES – TAXES ON DISTILLED SPIRITS
Document: Acceptance by the Philippines of the Request to Join Consultations The United States notified the Dispute Settlement Bo dy (DSB) of their desire to be joined in the consultations requested by the European Communities, pursuant to Article 4.11 of the DSU. The delegation of the Philippines informed th e DSB that it had accepted the request of the United States to join the consultations. PHILIPPINES – TAXES SUR LES SPIRITUEUX DISTILLÉS Acceptation par les Philippines de la demande de participation aux consultations
Date: 27 August 2009
Document codes: WT/DS396/3
Complainant: EU
Respondent: Philippines
Third parties: Australia, China, India, Mexico, Thailand, Taiwan, U.S.
Dispute stage: Appellate Body
Agreements cited: Art. III:2  GATT 1994

PHILIPPINES – TAXES ON DISTILLED SPIRITS

Acceptance by the Philippines of the Request to Join Consultations

 The United States notified the Dispute Settlement Bo dy (DSB) of their desire to be joined in
the consultations requested by the European Communities, pursuant to Article 4.11 of the DSU.

 The delegation of the Philippines informed th e DSB that it had accepted the request of the
United States to join the consultations.

admis à participer aux consultations demandées pa r les Communautés européennes, conformément à

 Los Estados Unidos notificaron al Órgano de So lución de Diferencias (OSD), de conformidad
Comunidades Europeas.

 La delegación de Filipinas ha informado al OSD de que ha aceptado la solicitud de asociación
PHILIPPINES – TAXES ON DISTILLED SPIRITS
Document: Communication from the European Union and the Philippines concerning Article 21.3(c) of the DSU
Date: 8 March 2012
Document codes: WT/DS396/13
Complainant: EU
Respondent: Philippines
Third parties: Australia, China, India, Mexico, Thailand, Taiwan, U.S.
Dispute stage: Appellate Body
Agreements cited: Art. III:2  GATT 1994

PHILIPPINES – TAXES ON DISTILLED SPIRITS

Communication from the European Union and the Philippines concerning
Article 21.3(c) of the DSU

 The following communication, dated 6 March 2012, from the delegation of the
European Union and the delegation of the Philippine s to the Chairperson of the Dispute Settlement
Body, is circulated at the request of these delegations.

At its meeting on 20 January 2012, the Di spute Settlement Body ("DSB") adopted its
recommendations and rulings in the dispute (DS396).
Subsequently, by letter dated 15 February 2012 and at the meeting of the DSB held on
22 February 2012, the Philippines announced its in tention to implement the DSB's recommendations
and rulings in this dispute and stated that it would need a reasonable period of time in which to do so.
Article 21.3(c) of the Understanding on Rul es and Procedures Governing the Settlement of
Disputes ("DSU") provides that, in the absence of an agreement between the parties on a period of
time, the reasonable period of time shall be determ ined "through binding arbitration within 90 days
after the date of adoption of the recommendations and rulings."
In order to allow sufficient time for the par ties to discuss a mutually agreed period, the
European Union and the Philippines (i) agree that, in the event an arbitration under Article 21.3(c) of
the DSU is requested, it shall be completed no later th an 60 days after the date of the appointment of
an arbitrator, unless the arbitrator, following consul tation with the parties, considers that additional
time is required; and (ii) hereby confirm that any award of the arbitrator (including an award not made
within 90 days after the date of adoption of the DSB recommendations and rulings) shall be deemed
to be an award of the arbitrator for the purposes of Article 21.3(c) of the DSU in determining the
reasonable period of time for the Philippines to im plement the recommendations and rulings of the
DSB.
We respectfully request that you circulate this notification to the Members of the DSB.
For the European Union

Detlev Brauns
Chargé d'Affaires a.i.
For the Philippines

Jose Victor Chan-Gonzaga
Chargé d’Affaires, a.i.