CHINA – DUTIES AND OTHER MEASURES CONCERNING THE EXPORTATION OF CERTAIN RAW MATERIALS REQUEST FOR CONSULTATIONS BY THE EUROPEAN UNION
Document: Addendum
Date: 23 August 2016
Document codes: WT/DS509/1/Add.1; G/L/1148/Add.1
Complainant: EU
Respondent: China
Third parties: Brazil, Canada, Chile, Colombia, India, Indonesia, Japan, South Korea, Mexico, Oman, Taiwan, Vietnam, U.S., Russia, Norway, Kazakhstan, Singapore
Dispute stage: Panel
Agreements cited: Part I, para. 11.3  Protocol of AccessionArt. XI:1  GATT 1994Part I, para. 5.1, Part I, para. 5.2, Part I, para. 1.2,   Protocol of Accession

CHINA – DUTIES AND OTHER MEASURES CONCERNING THE EXPORTATION OF CERTAIN
RAW MATERIALS
REQUEST FOR CONSULTATIONS BY THE EUROPEAN UNION
Addendum
The following communication, dated 19 August 2016 , from the delegation of the European Union
to the delegation of China and to the Chairperson of the Dispute Settlement Body, is circulated in
accordance with Article 4.4 of the DSU.

My authorities have instructed me to request consultations with the Government of the People's
Republic of China ("Ch ina") pursuant to Articles 1 and 4 of the Understanding on Rules and
Procedures Governing the Settlement of Disputes ("DSU") and Article XXII of the General
Agreement on Tariffs and Trade 1994 ("GATT 1994") with respect to China's duties on the export
of ferro-nickel1. This request supplements and does not replace the European Union's request for
consultations with China dated 19 July 2016, on other export restrictions2.
The legal instruments through which China imposes and administers these export duties, operating
separately or collectively, include but are not limited to:
 Foreign Trade Law of the People 's Republic of China (adopted at the 8th Session of the
Standing Committee of the Tenth National People’s Congress on 6 April 2004, effective
1 July 2004)
 Customs Law of the People's Republic of China (adopted at the 19 th Meeting of the
Standing Committee of the Sixth National People's Congress on 22 January 1987,
amended 28 December 2013, in Order No 8)
 Regulation of the People's Republic of China on Import and Export Duties (State Council,
Order No. 392, adopted at the 26 th executive meeting of the State Council on 29 October
2003, amended 6 February 2016, in Order No. 666)
 State Council Customs Tariff Commission Notice on Issuing the 2016 Tariff Adjustmen t
Plan (State Council Customs Tariff Commission, Shui Wei Hui [2015] No. 23, issued 4
December 2015, effective 1 January 2016) (the "2016 Tariff Adjustment Plan")
 General Administration of Customs Notice on the 2016 Tariff Implementation Plan (General
Administration of Customs, Zong Shu Gong Gao [2015] No. 69, issued 28 December 2015,
effective 1 January 2016)

1 Ferro-nickel includes the items falling under the eight-digit Chinese Customs Commodity Codes
identified in State Council Customs Tariff Commission Notice on Issuing the 2016 Tariff Adjustment Plan (State
Council Customs Tariff Commission, Shui Wei Hui [2015] No. 23, issued 4 December 2015, effective 1 January
2016) (hereinafter referred to as the “2016 Tariff Adjustment Plan”) as listed in Annex 12 Section A to this
request.
2 WT/DS509/1
WT/DS509/1/Add.1 • G/L/1148/Add.1

 as well as any annexes or schedules thereto, amendments, supplements, extensions,
replacement measures, renewal measures, related measures, or implementing measures.
China's measures appear to be inconsistent with paragraph 11.3 of Part I of the Protocol on the
Accession of the People’s Republic of China (WT/L/432)("Accession Protocol").
China's measures also appear to nullify or impair the benefits a ccruing to the European Union
directly or indirectly under the cited agreement.
The European Union reserves the right to address additional measures and claims regarding the
above matters in the course of the consultations.
The European Union looks forward to receiving China's reply to this request for consultations in
due course. The European Union has already engaged with China on mutually convenient dat es for
consultations in Geneva.

WT/DS509/1/Add.1 • G/L/1148/Add.1

Annex 12
Ferro-nickel
Section A
(List of eight -digit Chinese Customs Commodity Codes, as identified in the 2016 Tariff
Adjustment Plan)
72026000