CHINA – MEASURES CONCERNING THE IMPORTATION OF CANOLA SEED FROM CANADA REQUEST FOR THE ESTABLISHMENT OF A PANEL BY CANADA
Document: REQUEST FOR THE ESTABLISHMENT OF A PANEL
Date: 18 June 2021
Document codes: WT/DS589/4
Complainant: Canada
Respondent: China
Third parties: Australia, Brazil, EU, India, Japan, Norway, Russia, Singapore, Taiwan, U.S., Vietnam
Dispute stage: Panel
Agreements cited: Art. I:1, III:4, X:3(a), XI:1  GATT 1994Art. 2.2, 2.3, 3.1, 3.3, 5.1, 5.2, 5.5, 5.6, 5.7, 8, Annex C  Sanitary and Phytosanitary Measures (SPS)Art. 5.1, 7.4  Trade Facilitation (TFA)

CHINA – MEASURES CONCERNING THE IMPORTATION OF CANOLA SEED FROM CANADA
REQUEST FOR THE ESTABLISHMENT OF A PANEL BY CANADA
The following communication, dated 17 June 2021, from the delegation of Canada to the Chairperson
of the Dispute Settlement Body, is circulated pursuant to Article 6.2 of the DSU.

Government of the People 's Republic of China ( "China") pursuant to Articles 1 and 4 of the
Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU), Article XXII:1
of the General Agreement on Tariffs and Trade 1994 ("GATT 1994"), Article 11.1 of the Agreement
on the Application of Sanitary and Phytosanitary Measures ("SPS Agreement"), and Article 24.8 of
the Agreement on Trade Facilitation ("TFA"), with respect to measures affecting the importation of
canola seed1 from Canada.
2. Canada held consultations with China on 28 October 2019 with a view to reaching a
satisfactory resolution of the matter. Unfortunately, those consultations failed to settle the dispute.
I. Background
3. This Request relates to China 's suspension of canola seed imports from two Canadian
companies and China 's application of enhanced inspections to canola seed imports from other
Canadian companies.
4. China suspended the importation of canola seed from two Canadian companies on
1 March 2019 and 26 March 2019 respectively. Other Canadian companies remain eligible to export
canola seed to China but these imports are subject to enhanced inspections, including increased
sampling. China cites detection of quarantine pests in canola seed shipments as the reason for its
measures affecting the importation of Canadian canola seed.
5. Canada has repeatedly attempted to obtain information from China regarding the scientific
basis for its measures and on the process to restore full market access for Canadian canola seed.
Canada has employed numerous and varied formal and informal mechanisms at its disposal to solicit
this information. To date, these efforts have failed to produce satisfactory results.
6. For example, because China 's measures constrain Canadian exports of canola seed and the
measures do not appear to be based on the relevant international standards, guidelines, or
recommendations, Canada requested on 13 June 2019, pursuant to Article 5.8 of the
SPS Agreement, that China provide an explanation of the reasons for its measures. China's response
of 12 July 2019 failed to address the majority of questions posed by Canada.

1 The term "seed" in this Request is a reference to seeds intended for processing or consumption and
not for planting.

II. Measures at Issue
7. China's measures to suspend imports of canola seed from two Canadian companies, and its
measures applying enhanced inspections to Canadian canola seed imports are evidenced by, and/or
are reflected in, inter alia, the following:
a. Letter from the General Administr ation of Customs of the People 's Republic of China
(GACC) to the Canadian Food Inspection Agency (CFIA) dated 1 March 2019 regarding
the suspension of canola seed imports from Richardson International Limited;
b. Warning Notice on Strengthening the Inspection and Quarantine on Imported Canadian
Canola, General Administration of Customs, P.R. China (7 March 2019);
c. Letter from GACC to CFIA dated 26 March 2019 regarding the suspension of canola seed
imports from Viterra Inc.;
d. Notice Concerning the Cancellation of Rapeseed Registration by Viterra Inc. of Canada ,
General Administration of Customs, P.R. China (26 March, 2019);
e. Notifications of Non-Compliance (NNC) issued by the GACC to the CFIA including NNCs
numbered 2019G001 (dated 4 January 2019), 2019G002 (date d 4 January 2019),
2019G003 (dated 4 January 2019), 2019G004 (dated 30 January 2019), 2019G005
(dated 30 January 2019), 2019G006 (dated 30 January 2019), 2019G007 (dated 30
January 2019), 2019G008 (dated 1 March 2019), 2019G009 (dated 1 March 2019),
2019G020 (dated 26 March 2019), 2019G021 (dated 26 March 2019), and 2019G022
(dated 26 March 2019); and
f. Letter, including Annex 1, from the Permanent Representative of the People 's Republic
of China to the WTO to the Permanent Representative of Canada to the WTO , dated
12 July 2019.
8. Canada understands that China 's suspension of imports of canola seed from two Canadian
companies and the enhanced inspections of all imports of Canadian canola seed that are the subject
of this Request implement and/or were adopted on the basis of, inter alia, the following:2
a. Administrative Measures for Inspection, Quarantine, and Supervision of Entry and Exit
Grain, General Administration of Quality Supervision, Inspection and Quarantine of the
People's Republic of China, AQSIQ Decree No. 177 (Revised in November 2018);
b. Law of the People's Republic of China on the Entry and Exit Animal and Plant Quarantine,
Standing Committee of the National People's Congress, Order No.53 of the President of
the People's Republic of China (Revised in August 2009);
c. Regulations for the Implementation of the Law of the People 's Republic of China on the
Entry and Exit Animal and Plant Quarantine , State Council, Decree of the State Council
of the People's Republic of China, No.206;
d. Law of the People's Republic of China on Entry and Exit Inspection Quarantine Early
Warning and Rapid Response; Administrative Provisions on Risk Alert and Rapid
Response to Entry-Exit Inspection and Quarantine; Administrative Rules on Warning and
Immediate Reaction Regarding Risks and Inspection and Quarantine on Import and
Export adopted September 2001(revised April 2018);
e. Regulations on Plant Quarantine , State Council, Guofa [1983] 2 (Revised in October
2017);
f. Implementation Rules of Regulation on Plant Quarantine (Agricultural Section), adopted
on February 25, 1995, as Decree of the former Ministry of Agriculture, No. 5/1995; and
last amended on July 1, 2004, as Decree of the former Ministry of Agriculture, No.
34/2004;
g. Administrative Measures on Review of Quaran tine Application for Inbound Animals and
Plants, adopted August 2002 (Revised May 2018);

2 Titles of these instruments may vary due to their translation into English.

h. P.R. China National Standard: Rapeseed, General Administration of Quality Supervision,
Inspection and Quarantine of the People 's Republic of China and the Standardizat ion
Administration of China (GB/T 11762-2006);
i. Provisions Concerning the Implementation of the National Standards for Grain and Oil
Quality, National Development and Reform Commission, State Administration of Grain,
Ministry of Finance, and General Admini stration of Quality Supervision, Inspection and
Quarantine, Guo Liang Fa No. 178 of 2010, November 9, 2010;
j. Announcement No. 617/2006 of the former Ministry of Agriculture, for the Publication of
the List of Harmful Substances in Quarantine Concerning Nationwide Agricultural Plants
and the List of Plants and Plant Products Requiring Quarantine , adopted on March 2,
2006 , and (2) MOA Notice No. 351 of 2020 (concerning amendments and publication of
the List of Harmful Substances in Quarantine Concerning Nationwide Agricultural Plants
and the List of Plants and Plant Products Requiring Quarantine), November 4, 2020;
k. Catalogue of Harmful Organisms in Inbound Plants Quarantine, published on November
18, 2018;
l. Announcement No. 617/2006 of the former Ministry of Agriculture for the Publication of
the List of Harmful Substances in Quarantine Concerning Nationwide Agricultural Plants
and the List of Plants and Plant Products Requiring Quarantine , adopted in March 2006
(Revised in November 2020);
m. Notice o n the Implementation of Emergency Quarantine Measures for Imported
Rapeseed, General Administration of Quality Supervision, Inspection and Quarantine of
the People's Republic of China, AQSIQ Decree No.2009-101;
n. Notice Concerning the Cancellation of Rapeseed Registration by Viterra Inc. of Canada,
General Administration of Customs, P.R. China (26 March, 2019);
o. Warning Notice on Strengthening the Inspection and Quarantine on Imported Canadian
Canola, General Administration of Customs, P.R. China (7 March 2019);
p. Letter from GACC to CFIA dated 4 January 2019 regarding detection of quarantine pests
in shipments of canola seed from Richardson International Limited and Viterra Inc.;
q. Letter from GACC to CFIA dated 30 January 2019 regarding detection of quarantine pests
in shipments of canola seed from Richardson International Limited and Viterra Inc.;
r. Notifications of Non -Compliance issued by the GACC to CFIA, as set out in paragraph
7(e) of this Request;
s. China's International Plant Protection Convention (IPPC) Pest List and China's pest list
included as Annex 1 of the letter dated 12 July 2019 referred to in paragraph 7(f) of this
Request, and all updates to that List;
t. Catalogue of Commodities Subject to Inspection and Quarantine upon Import and Export
by the Import and Export Inspection and Quarantine Authority (2018-02-01);
u. Law of the People 's Republic of China on Imported and Exported Commodities
Inspection, Order of the President of the People 's Republic of China No.14, (Revised in
April 2021);
v. Regulations for the Implementation of the Law of the PRC on Import and Export
Commodity Inspection, State Council, Decree 447 (Revised in March 2019);
w. Measures for the Administration of the Inspection and Quarantine of Genetically Modified
Products Entering and Exiting t he Territory , General Administration of Quality
Supervision, Inspection and Quarantine of the People 's Republic of China, AQSIQ
Decree No.62 (Revised in November 2018);
x. Administrative Regulations for the Safety of Genetically Modified Organisms in
Agriculture, State Council, Decree No.304 of the State Council (Revised in October
2017);
y. Administrative Measures on Marking Requirement for Genetically Modified Organisms in
Agriculture, adopted by the Ministry of Agriculture on July 11, 2001 and last am ended
on November 30, 2017;

z. Customs Law of the People 's Republic of China , Order of the President of the People 's
Republic of China No.51 (Revised in April 2021);
aa. Customs Import and Export Tariff of the People's Republic of China (revised in December
2020);
bb. Chinese Customs Tariff – 1205.10, General Administration of Customs;
cc. Customs Inspection Regulations of the People's Republic of China, State Council, Decree
of the State Council No.209 (Revised in June 2016);
dd. Law of the People 's Republic of China on Quality and Safety of Agricultural Products ,
Order No.49 of the President of the People 's Republic of China (Revised in December
2018);
ee. The Food Safety Law of the People 's Republic of China , Order of the President of the
People's Republic of China No. 9, adopted February 2009 (Revised in April 2021);
ff. Implementation Regulations for the Food Safety Law of the People 's Republic of China,
adopted February 2016 (Revised in October 2019);
gg. Administrative Measures of the People's Republic of China on the Safety of Imported and
Exported Foods, adopted September 2011 (revised November 2018); and
hh. Frontier Health and Quarantine Law of the People 's Republic of China , Order No.46 of
the President of the People's Republic of China (Revised in April 2018).
9. With respect to paragraphs 7 and 8, this Request covers any amendments, updates,
replacements, renewals, extensions, implementing measures, exemptions, or other related
measures or instruments.
III. WTO Obligations at Issue
10. China's measures relating to the importation of Canadian canola seed appear to be
inconsistent with China's obligations under the WTO Agreement.
11. The measures suspending the importation of canola seed from two Canadian companies
appear to be inconsistent with China's obligations under:
a. Article 2.2 of the SPS Agreement because the measures are not based on
scientific principles, are not applied only to the extent necessary to protect plant
life or health, and are maintained without sufficient scientific evidence;
b. Article 5.7 of the SPS Agreement because the measures are not adopted or
maintained in a case where relevant scientific evidence is insufficient, not
adopted provisionally, not based on available pertinent information, and have
not been reviewed within a reasonable period of time;
c. Articles 5.1, and 5.2 of the SPS Agreement because the measures are not based
on an assessment, as appropriate to the circumstances, of the risks to plant life
or health, taking into account risk assessment techniques developed by the
relevant international organizations;
d. Article 2.3 of the SPS Agreement because the measures arbitrarily or
unjustifiably discriminate between Members where identical or similar conditions
prevail;
e. Article 2.3 of the SPS Agreement because the measures are applied in a manner
that constitutes a disguised restriction on international trade;
f. Article 5.5 of the SPS Agreement because the measures entail arbitrary or
unjustifiable distinctions in the levels of protection in different situations that
result in discrimination or a disguised restriction on international trade;
g. Article 5.6 of the SPS Agreement because the measures are more trade -
restrictive than required to achieve China 's appropriate level of protection,
taking into account technical and economic feasibility;

h. Article 3.1 of the SPS Agreement because the measures are not based on
international standards, guidelines, or recommendations, in particular the
International Standards for Phytosanitary Measures (ISPMs) under the IPPC;
i. Article 3.3 of the SPS Agreement because there does not appear to be a scientific
justification for departing from the relevant international standards, guidelines,
or recommendations, nor do the measures at issue appear to be a consequence
of the level of phytosanitary protection sought by China;
j. Article I:1 of the GATT 1994 because China has failed to extend immediately
and unconditionally to Canadian canola seed any advantage, favor, privilege, or
immunity granted by China to like products originating in any other country with
respect to the rules and formalities in connection with the importation of canola
seed;
k. Article III:4 of the GATT 1994 because China has failed to accord no less
favourable treatment to Canadian canola seed than that accorded to Chinese
like products;
l. Article X:3(a) of the GATT 1994 because China has failed to administer its laws,
regulations, decisions, and rulings in relation to the measures at issue in a
uniform, impartial, and reasonable manner;
m. Article XI:1 of the GATT 1994 because the measures operate as a prohibition on
the importation of canola seed into China;
n. Article 5.1 of the TFA because the notifications or guidance issued by China to
its concerned authorities for enhancing the level of controls or inspections at the
border in respect of foods, or feedstuffs covered under the notification or
guidance for protecting plant life or health within its territory, are not based on
risk and have not been properly terminated or suspended;
o. Article 7.4.2 of the TFA because China has failed to design and apply risk
management in a manner so as to avoid arbitrary or unjustifiable discrimination,
or a disguised restriction on international trade; and
p. Article 7.4.4 of the TFA because China has failed to base risk management on
an assessment of risk through appropriate selectivity criteria.
12. The measures applying enhanced inspections on all impor ts of Canadian canola seed appear
to be inconsistent with China's obligations under:
a. Article 2.2 of the SPS Agreement because the measures are not based on
scientific principles, are not applied only to the extent necessary to protect plant life or
health, and are maintained without sufficient scientific evidence;
b. Article 5.7 of the SPS Agreement because the measures are not adopted or
maintained in a case where relevant scientific evidence is insufficient, not adopted
provisionally, not based on available pertinent information, and not been reviewed within
a reasonable period of time;
c. Articles 5.1, and 5.2 of the SPS Agreement because the measures are not based
on an assessment, as appropriate to the circumstances, of the risks to plant life or
health, tak ing into account risk assessment techniques developed by the relevant
international organizations;
d. Article 2.3 of the SPS Agreement because the measures arbitrarily or unjustifiably
discriminate between Members where identical or similar conditions prevail;
e. Article 2.3 of the SPS Agreement because the measures are applied in a manner
that constitutes a disguised restriction on international trade;
f. Article 5.5 of the SPS Agreement because the measures entail arbitrary or
unjustifiable distinctions in the l evels of protection in different situations that result in
discrimination or a disguised restriction on international trade;

g. Article 5.6 of the SPS Agreement because the measures are more trade-restrictive
than required to achieve China 's appropriate leve l of protection, taking into account
technical and economic feasibility;
h. Article 3.1 of the SPS Agreement because the measures are not based on
international standards, guidelines, or recommendations, in particular the ISPMs under
the IPPC;
i. Article 3.3 of the SPS Agreement because there does not appear to be a scientific
justification for departing from the relevant international standards, guidelines, or
recommendations, nor would the measures at issue appear to be a consequence of the
level of phytosanitary protection sought by China;
j. Article 8 and paragraphs 1(a), 1(b), 1(c), 1(e) and 1(g) of Annex C to the
SPS Agreement because the relevant procedures have not been undertaken and
completed in no less favorable manner for Canadian canola seed than for like domestic
products; the results of the procedure have not been transmitted in a precise and
complete manner; the information requirements for control, inspection and approval
procedures are not limited to what is necessary; the requirements for control, inspection
and approval of individual specimens are not limited to what is reasonable and
necessary; and, the criteria used in the siting of facilities are not the same and do not
minimize the inconvenience to applicants, importers, exporters or their agents;
k. Article I:1 of the GATT 1994 because China has failed to extend immediately and
unconditionally to Canadian canola seed any advantage, favor, privilege, or immunity
granted by China to like products originating in any other country with respect to th e
rules and formalities in connection with importation of canola seed;
l. Article III:4 of the GATT 1994 because China has failed to accord no less
favourable treatment to Canadian canola seed than that accorded to Chinese like
products;
m. Article X:3(a) of the GATT 1994 because China has failed to administer its laws,
regulations, decisions, and rulings in relation to the measures at issue in a uniform,
impartial, and reasonable manner;
n. Article XI:1 of the GATT 1994 because the measures operate as a restrict ion on
the importation of canola seed into China;
o. Article 5.1 of the TFA because the notifications or guidance issued by China to its
concerned authorities for enhancing the level of controls or inspections at the border in
respect of foods, or feedstuffs covered under the notification or guidance for protecting
plant life or health within its territory, are not based on risk and have not been properly
terminated or suspended;
p. Article 7.4.2 of the TFA because China has failed to design and apply risk
management in a manner so as to avoid arbitrary or unjustifiable discrimination, or a
disguised restriction on international trade; and
q. Article 7.4.4 of the TFA because China has failed to base risk management on an
assessment of risk through appropriate selectivity criteria.
13. The violations described in paragraphs 11 and 12 of this Request appear to nullify or impair
the benefits accruing to Canada under the SPS Agreement, the GATT 1994, and the TFA. Moreover,
the measures appear to nullify and impair the benefits accruing to Canada in the sense of
Article XXIII:1 of the GATT 1994.
14. Canada therefore requests that the Dispute Settlement Body establish a panel pursuant to
Articles 4.7 and 6 of the DSU, Article XXIII of the GATT 1994, Article 11.1 of the SPS Agreement,
and Article 24.8 of the TFA to examine this matter, with standard terms of reference as set out in
Article 7.1 of the DSU.
15. Canada also asks that this Request be placed on the agenda of the next meeting of the Dispute
Settlement Body scheduled to be held on 28 June 2021.