World Trade Organization

Accession Protocol Protocol on the Accession of China to the WTO

1. INTRODUCTION

   1. Complaints of the european communities, the united states and canada

      1. 
         On 30 March 2006, the European Communities requested consultations with the People's Republic of China (hereinafter "China") pursuant to Article 4 of the DSU, Article XXII:1 of the GATT 1994, Article 8 of the TRIMs Agreement and Articles 4 and 30 of the SCM Agreement regarding China's imposition of measures that allegedly adversely affect exports of automobile parts from the European Communities to China.²
         
      2. 
         Consultations were held between the European Communities and China on 11 and 12 May 2006 in Geneva on these and other measures. They did not lead to a satisfactory resolution of the matter.
         
      3. 
         On 30 March 2006, the United States requested consultations with China pursuant to Articles 1 and 4 of the DSU, Article XXII of the GATT 1994, Article 8 of the TRIMs Agreement (to the extent that Article 8 incorporates Article XXII of the GATT 1994), and Articles 4 and 30 of the SCM Agreement (to the extent that Article 30 incorporates Article XXII of the GATT 1994) with respect to China's treatment of motor vehicle parts, components, and accessories imported from the United States.³
         
      4. 
         Consultations were held between the United States and China on 11 and 12 May 2006 in Geneva. However, they did not resolve the dispute.
         
      5. 
         On 13 April 2006, Canada requested consultations with China pursuant to Articles 1 and 4 of the DSU, Article XXII of the GATT 1994, Article 7 of the Agreement on Rules of Origin (ARO), Article 8 of the TRIMs Agreement, and Articles 4 and 30 of the SCM Agreement with respect to China's treatment of automobile parts from Canada.⁴
         
      6. 
         Consultations were held between Canada and China on 11 and 12 May 2006 with a view to reaching a mutually satisfactory solution. Unfortunately, the consultations failed to resolve the dispute.
         
      7. 
         On 15 September 2006, the European Communities, the United States and Canada each requested the establishment of a panel. At its meeting on 28 September 2006, the Dispute Settlement Body deferred the establishments of a panel.
         

   2. establishment and composition of the Panel

      1. 
         At its meeting on 26 October 2006, the DSB established a single Panel pursuant to the requests of the European Communities in document WT/DS339/8, the United States in document WT/DS340/8 and Canada in document WT/DS342/8 in accordance with Article 9.1 of the DSU.⁵
         
      2. 
         At that meeting, the parties to the dispute agreed that the Panel should have standard terms of reference. The Panel's terms of reference are, therefore, as follows:
         

3. 
   On 19 January 2007, the European Communities, the United States and Canada requested the Director-General to determine the composition of the Panel, pursuant to paragraph 7 of Article 8 of the DSU.
   
4. 
   On 29 January 2007, the Director-General accordingly composed the Panel as follows:⁶
   

Mr Wilhelm Meier

1. 
   Argentina, Australia, Brazil, Japan, Mexico, Chinese Taipei and Thailand have reserved their rights to participate in the Panel proceedings as third parties.
   

1. Panel proceedings

   1. 
      The Panel held the first substantive meeting with the parties on 22 and 24 May 2007. The session with the third parties took place on 23 May 2007. The Panel's second substantive meeting with the parties was held on 12 and 13 July 2007.
      
   2. 
      On 20 September 2007, the Panel issued the descriptive part of its Panel Report. The Panel submitted its Interim Reports to the parties on 13 February 2008. The Panel submitted its Final Reports to the parties on 20 March 2008.
      

1. FACTUAL ASPECTS

   1. Measures at issue

1. 
   This case concerns China's measures on imports of automobile parts. The European Communities, the United States and Canada have identified the following as the measures at issue in this case:⁷
   

1. 
   Policy on Development of Automotive Industry (Order of the National Development and Reform Commission (No. 8)) ("Policy Order 8"), which entered into force on 21 May 2004;
   
2. 
   Administrative Rules on Importation of Automobile Parts Characterized as Complete Vehicles (Decree of the People's Republic of China, No. 125) ("Decree 125"), which entered into force on 1 April 2005; and
   
3. 
   Rules on Verification of Imported Automobile Parts Characterized as Complete Vehicles (Public Announcement of the Customs General Administration of the People's Republic of China, No. 4 of 2005) ("Announcement 4"), which entered into force on 1 April 2005.
   

1. Translation of China's measures

   1. 
      Regarding China's measures at issue, the European Communities, the United States and Canada (also "co-complainants" hereinafter) submitted their unofficial translations of the measures into English as part of the joint exhibits attached to their first written submissions.⁸ China also submitted its own unofficial translations of Chapter XI of Policy Order 8, of Decree 125 and of Announcement 4 as part of the exhibits attached to its first written submission.⁹
      
   2. 
      At the second substantive meeting with the parties, the Panel requested the parties to agree on one common translated version of China's measures. Accordingly, on 2 August 2007, the parties submitted common translations of all provisions of China's measures except for Article 28 of Decree 125.¹⁰
      
   3. 
      Upon the complainants' request that the Panel seek the translation of Article 28 of Decree 125 by an independent translator, the Panel sent a letter to the UNOG requesting the translation by UNOG Conference Services Section of the concerned provision.¹¹ On 23 August 2007, the Panel forwarded the translation by the UNOG to the parties for their comments.
      

2. Request for information from the WCO

   1. 
      On 7 June 2007, the Panel sent a letter to the WCO requesting its assistance in issues relating to the HS.¹² The parties were invited to provide their comments on the WCO's reply at the second substantive meeting with the parties.
      
   2. 
      A second letter from the Panel was sent out to the WCO on 16 July 2007, requesting its further assistance in the same matter.¹³ The parties were given the opportunity to provide their comments on the WCO's second reply.
      

3. United states' request that the panel's findings be presented as separate reports contained in a single document with separate sections on the panel's conclusions and recommendations for each complaining party

   1. 
      At the second substantive meeting, the United States requested pursuant to paragraph 18 of the Panel's Working Procedures that the Panel issue its findings in the form of a single document containing three separate reports with common sections on the Panel's conclusions and recommendations for each complaining party.
      
1. 
   
   Directory: english -> tratop e -> dispu e
   dispu e -> Annex g list of exhibits submitted by the parties
   dispu e -> World Trade Organization
   dispu e -> World Trade Organization
   
   
   
   Download 1.27 Mb.
   
   Share with your friends: