UNITED STATES - CERTAIN METHODOLOGIES AND THEIR APPLICATION TO ANTI-DUMPING PROCEEDINGS INVOLVING CHINA RECOURSE TO ARTICLE 22.2 OF THE DSU BY CHINA
Document: Appellate Body report
Date: 11 September 2018
Document codes: WT/DS471/18
Complainant: China
Respondent: U.S.
Third parties: Brazil, Canada, EU, India, Japan, South Korea, Norway, Russia, Saudi Arabia, Ukraine, Vietnam, Turkey, Taiwan
Dispute stage: Implementation & Compliance
Agreements cited: Art. VI:2  GATT 1994Art. 6.10, 9.2, 9.4, 2.4.2, 6.8, Annex II, 6.1  Anti-dumping

UNITED STATES - CERTAIN METHODOLOGIES AND THEIR APPLICATION
TO ANTI-DUMPING PROCEEDINGS INVOLVING CHINA
RECOURSE TO ARTICLE 22.2 OF THE DSU BY CHINA
The following communication, dated 9 September 2018 , from the delegation of China to the
Chairperson of the Dispute Settlement Body, is circulated pursuant to Article 22.2 of the DSU.

On 22 May 2017, the Dispute Settlement Body ( "DSB") adopted the p anel report, as modified by
the Appellate Body report, in United States — Certain Methodologie s and their Application to
Anti-Dumping Proceedings Involving China (DS471) ("US – Anti-Dumping Methodologies (China)"),
finding that the United States acted inconsistently with Articles 2.4.2, 6.10, 9.2, and 9.3 of the
Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994
("Anti-Dumping Agreement"), and with Article VI.2 of the General Agreement on Tariffs and Trade
1994 ( "GATT 1994 "). Accordingly, the DSB recommended that "the United Sta tes bring its
measures into conformity with its obligations under the Anti -Dumping Agreement and the GATT
1994".
The arbitrator established under Article 21.3(c) of the Understanding on Rules and Procedures
Governing the Settlement of Disputes ("DSU") dete rmined that th e reasonable period of time
for the United States to implement the DSB 's recommendations and rulings w ould expire on
22 August 2018.
China considers that the United States has failed to comply with the recommendations and rulings
of the DSB in US – Anti-Dumping Methodologies (China) within the reasonable period of time
determined by the arbitrator. The parties have not reached agreement on compensation.
Accordingly, pursuant to Article 22.2 of the DSU, China requests authorization from the D SB to
suspend concessions or other obligations with respect to the United States at a level equivalent to
the nullification or impairment suffered as a result of the failure of the United States to comply
with the recommendations and rulings of the DSB. Ba sed on analysis of currently available data,
the level of nullification or impairment totals approximately USD 7.043 billion ($ 7,043,000,000)
annually. China will update the level of suspension of concessions or other obligations annually
using the most recently available data.
In considering what countermeasures to take, China follows the principles and procedures set forth
in Article 22.3 of the DSU, and in particular, Article 22.3(a). Accordingly, China requests
authorization to suspend the application to the United States of concessions or other obligations
with respect to goods under the agreements described in Article 22.3(g)(i) of the DSU.
We request that you please circulate this notification to the Members of the DSB.
Pursuant to Article 22.6 of th e DSU, the DSB must grant authorization to suspend concessions or
other obligations within 30 days of the expiry of the reasonable period of time to comply, unless
the Member concerned objects to the level of suspension proposed and the matter is referred to
arbitration. China therefore also requests that you convene a meeting of the DSB on 21
September, i.e., 30 days of the expiry of the RPT, and place on that meeting 's agenda China 's
request to suspend concessions or other obligations.