CHINA - MEASURES CONCERNING TRADE IN GOODS AND SERVICES REQUEST TO JOIN CONSULTATIONS
Document: Communication from the United States
Date: 11 February 2022
Document codes: WT/DS610/5; WT/DS610/1
Complainant: EU
Respondent: China
Third parties: Australia, Brazil, Canada, Colombia, India, Indonesia, Japan, South Korea, New Zealand, Norway, Russia, Switzerland, Taiwan, Thailand, Türkiye, United Kingdom, U.S., Vietnam
Dispute stage: Panel
Agreements cited: Art. I:1, III:4, V:6, X:3(a), XI:1  GATT 1994Art. 2.2, 2.3, 3.1, 3.2, 5.1, 5.2, 5.6, 5.8, 8, Annex C, Annex C para. 1(a),   Sanitary and Phytosanitary Measures (SPS)Art. 7, 10  Trade Facilitation (TFA)

CHINA - MEASURES CONCERNING TRADE IN GOODS AND SERVICES
REQUEST TO JOIN CONSULTATIONS
Communication from the United States
The following communication, dated 10 February 2022, from the delegation of the United States to
the delegation of China, and the delegation of the European Union, is circulated to the Dispute
Settlement Body in accordance with Article 4.11 of the DSU.

This concerns the request for consultations by the European Union ("EU") in China – Measures
Concerning Trade in Goods and Services (), as circulated on January 31, 2022. 1 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 consultations, pursuant to Article 4.11 of the
Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU).

The United States has a substantial trade interest in these consultations. According to the request
for consultations, the "measures adopted by, and attributable to, China, affect[] the importation of
goods from, and the exportation of goods to, the European Union ("EU") and affect[] trade in services
between the EU and China." 2 The request for consultations by the EU notes that s ince the final
quarter of 2021, "importers of products originating in Lithuania and/or transiting through Lithuanian
ports and/or with some other link to Lithuania began encountering restrictions on securing customs
clearance for their goods to enter Chinese territory."3 The request states that these restrictions were
"novel, numerous, recurrent, persisting and strongly correlated in temporal and substantive terms."4
The request also notes that service restrictions or prohibitions have been placed on Lithuanian
entities.5

The United States is concerned with these measures, particularly given the significant trade
relationship we share with the European Union, its member States, and the People 's Republic of
China. Lithuania as an EU member State is an integral part of the EU single market, which is critical
to EU-U.S. trade. The measures described in the EU Request for Consultations appear to concern
shipments transiting through ports within the European Union, EU goods that contain Lithuanian
inputs, and Chinese customs clearance procedures of goods from the European Union. Disruptions
to these transit routes, EU goods, and customs clearance processes would undermine market -
oriented trade and supply chains. Further, many exported goods of U.S. origin contain significant EU

1 Communication from the European Union, "China – Measures Concerning Trade in Goods and Services:
Request for Consultations by the European Union," dated January 27, 2022 (WT/DS610/1, G/L/1426,
G/TFA/D4/1, G/SPS/GEN/1988, S/L/435) (circulated January 31, 2022) ("EU Request for Consultations")
(requesting consultations pursuant to Articles 1 and 4 of the Understanding on Rules and Procedures Governing
the Settlement of Disputes (DSU), in conjunction with Article XXII:1 of the General Agreement on Tariffs and
Trade 1994 (GATT 1994), Article 24.8 of the Trade Facilitation Agreement (TFA), Article 11 of the Agreement
on the Application of Sanitary and Phytosanitary Measures (SPS Agreement) and Article XXII of the General
Agreement on Trade in Services (GATS).
2 EU Request for Consultations, p. 1.
3 EU Request for Consultations, p. 1.
4 EU Request for Consultations, p. 1.
5 EU Request for Consultations, p. 2.

content. The integrity of supply chains spanning the United States and the European Union directly
impacts U.S. trade and the U.S. economy.

The United States and the member States of the European Union share the la rgest economic
relationship in the world.6 In 2021, the European Union was the United States' second largest trading
partner.7 U.S. goods exports to the European Union were $247.0 billion, and U.S. imports from
European Union were $448.7 billion. Furthermore, there is significant trade in goods between China
and the United States. In 2021, U.S. exports of goods to China were an estimated $137.7 billion,
and U.S. imports were $456.8 billion. The significant quantities of trade between and among the
United States and these two WTO Members reflect significantly integrated supply chains that are
undermined by the measures described in the EU Request for Consultations.

The United States further considers that the timing and uncertain nature of the restrictions and
prohibitions described in the EU Request for Consultations are of significant concern given the
substantial amount of trade in services and goods between China and the United States.

For the above reasons, the United States considers it has a substan tial trade interest in these
consultations and requests to be joined in them, pursuant to DSU Article 4.11.

The United States is providing a copy of this letter directly to the Chairperson of the Dispute
Settlement Body, with a request that it be circulated to all Members.