UNITED STATES – TARIFF MEASURES ON CERTAIN GOODS FROM CHINA REQUEST FOR CONSULTATIONS BY CHINA
Document: Addendum
Date: 17 July 2018
Document codes: WT/DS543/1/Add.2; G/L/1219/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
REQUEST FOR CONSULTATIONS BY CHINA
Addendum
The following communication, dated 16 July 2018, from the delegation of China to the delegation
of the United States, 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 Government of the United
States pursuant to Article 4 of the Understanding on R ules and Procedures Governing the
Settlement of Disputes (DSU), Article XXII I of the General Agreement on Tariffs and Trade 1994
(GATT 1994) concerning the proposed tariffs measures that the United States accords to certain
goods in variou s sectors includi ng agriculture, aquatic products, clothing and apparel, household
appliances, etc. originating from China. This addendum supplements and does not replace China's
request for consultations dated 4 April 20181 and the supplemental request for consultations dated
6 July 20182.
Subsequent to the request for consultations dated 4 April 2018 and the supplemental request for
consultations dated 6 July 2018, the United States published a list of products of Chinese origin
with 6031 tariff lines on 10 July 2018, as identified in the Annex to the Request for Comment s
Concerning Proposed Modification of Action Pursuant to Section 301: China 's Acts, Policies, and
Practices Related to Technology Transfer, Intellectual Property, and Innovation3, that an additional
ad valorem duty of 10 percent are proposed to be imposed on. The proposed duties would be only
applied to China 's products and in excess of the United States 's bound rates in its Schedule of
Concessions and Commitments annexed to the GATT 1994.
The legal documents through which the United States implements this proposed tariff measures
include:
1. Section 301 -310 of the Trade Act of 1974, as amended (19 U.S.C., paragraphs 2411 -
2420).
2. Findings of the investigation into China's acts, policies and practices related to technology
transfer, intellectual property and innovation under Section 301 of the Trade Act of
1974.4
3. Actions by the United States Related to the Section 301 Investigation of China 's Laws,
Policies, Practices, or Actions Related to Technology Transfer, Intellectual Property, and
Innovation. 5

1 The request for consultations was circulated on 5 April 2018 in document WT/DS543/1, G/L/1219.
2 The supplemental request for consultations was circulated on 9 July 2018 in document
WT/DS543/1/Add.1, G/L/1219/Add.1.
3 See https://ustr.gov/about-us/policy-offices/press-office/press-releases/2018/july/statement-us-
trade-representative. See also https://ustr.gov/sites/default/files/301/2018-0026%20China%20FRN%207-10-
2018_0.pdf
4 See https://ustr.gov/sites/default/files/Section%20301%20FINAL.PDF
WT/DS543/1/Add.2 • G/L/1219/Add.2

4. Notice of Determination and Request for Public Comment Concerning Proposed
Determination of Action Pursuant to Section 301: China 's Acts, Policies, and Practices
Related to Technology Transfer, Intellectual Property, and Innovation.6
5. Request for Comments Concerning Proposed Modification of Action Pursuant to Section
301: China 's Acts, Policies, and Practices Related to Technology Transfer, Intellectual
Property, and Innovation. 7

This supplemental request for consultations also concerns any modification, replacement or
amendments to the measures identified above , and any closely connected , subsequent or
implementing measures.

These measures appear to be inconsistent with the relevant provisions of the WTO covered
agreements including:
1. Article I.1 of the GATT 1994, because the measures at issue fail to extend immediately and
unconditionally to the products originating in China an "advantage, favour, privilege or
immunity" granted by the United States "[w]ith 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.
2. Article II.1(a) and (b) of the GATT 1994, because the measures at issue fail to accord to
the products originating in China identified in the above mentioned documents the
treatment no less favourable than that provided for in the United States 's Schedule of
Concessions and Commitments annexed to the GATT 1994.
3. Article 23 of the DSU, because United States made a determination to the effect that a
violation has occurred without recourse to the dispute settlement in accordance with the
DSU and the measures at issue fail t o recourse to, and abide by, the rules and procedures
of the DSU, when the United States seeks the redress of a violation of obligation or other
nullification or impairment of benefits under the covered agreements or an impediment to
the attainment of any objective of the covered agreements.

In addition, and as a consequence of the foregoing, the measures at issue appear to nullify or
impair benefits accruing to China directly or indirectly under the cited agreements.
China reserves the right to raise addi tional claims and legal matters regarding the above -
mentioned measures during the course of the consultations.

China looks forward to receiving your reply to the present consultations request and to scheduling
a mutually convenient date for consultations.

Vol. 83, No. 67 / Friday, April 6, 2018 / Notices [Docket No. USTR-2018-0005]
7 See https://ustr.gov/about-us/policy-offices/press-office/press-releases/2018/july/statement-us-
trade-representative. See also https://ustr.gov/sites/default/files/301/2018-0026%20China%20FRN%207-10-
2018_0.pdf