Book contents
- Frontmatter
- TABLE OF CONTENTS
- CHINA – MEASURES RELATED TO THE EXPORTATION OF VARIOUS RAW MATERIALS
- Contents
- CASES CITED IN THESE REPORTS
- ABBREVIATIONS USED IN THESE REPORTS
- I INTRODUCTION
- II ARGUMENTS OF THE PARTICIPANTS AND THE THIRD PARTICIPANTS
- III ISSUES RAISED ON APPEAL
- IV THE PANEL'S TERMS OF REFERENCE
- V THE PANEL'S RECOMMENDATIONS
- VI APPLICABILITY OF ARTICLE XX
- VII ARTICLE XI:2(a) OF THE GATT 1994
- VIII ARTICLE XX(g) OF THE GATT 1994
- IX FINDINGS AND CONCLUSIONS IN THE APPELLATE BODY REPORT WT/DS394/AB/R
- X FINDINGS AND CONCLUSIONS IN THE APPELLATE BODY REPORT WT/DS395/AB/R
- XI FINDINGS AND CONCLUSIONS IN THE APPELLATE BODY REPORT WT/DS398/AB/R
- ANNEX I Request for the Establishment of a Panel by the United States, WT/DS394/7
- ANNEX II Request for the Establishment of a Panel by the European Communities, WT/DS395/7
- ANNEX III Request for the Establishment of a Panel by Mexico, WT/DS398/6
- ANNEX IV Notification of an Appeal by China, WT/DS394/11, WT/DS395/11, WT/DS398/10
- ANNEX V Notification of an Other Appeal by the United States, WT/DS394/12
- ANNEX VI Notification of an Other Appeal by the European Union, WT/DS395/12
- ANNEX VII Notification of an Other Appeal by Mexico, WT/DS398/11
- Contents
- TABLE OF WTO CASES CITED IN THESE REPORTS
- GATT DISPUTE SETTLEMENT AND WORKING PARTY REPORTS
- ABBREVIATIONS OF MEASURES, EVIDENCE, AND OTHER INSTRUMENTS REFERRED TO IN THIS RULING
- TABLE OF ABBREVIATIONS
- I INTRODUCTION
- II FACTUAL ASPECTS
- III PARTIES' REQUESTS FOR FINDINGS AND RECOMMENDATIONS
- IV ARGUMENTS OF THE PARTIES
- V ARGUMENTS OF THE THIRD PARTIES
- VI INTERIM REVIEW
- VII FINDINGS
- VIII CONCLUSIONS AND RECOMMENDATIONS
- Cumulative List of Published Disputes
IX - FINDINGS AND CONCLUSIONS IN THE APPELLATE BODY REPORT WT/DS394/AB/R
from CHINA – MEASURES RELATED TO THE EXPORTATION OF VARIOUS RAW MATERIALS
Published online by Cambridge University Press: 03 January 2018
- Frontmatter
- TABLE OF CONTENTS
- CHINA – MEASURES RELATED TO THE EXPORTATION OF VARIOUS RAW MATERIALS
- Contents
- CASES CITED IN THESE REPORTS
- ABBREVIATIONS USED IN THESE REPORTS
- I INTRODUCTION
- II ARGUMENTS OF THE PARTICIPANTS AND THE THIRD PARTICIPANTS
- III ISSUES RAISED ON APPEAL
- IV THE PANEL'S TERMS OF REFERENCE
- V THE PANEL'S RECOMMENDATIONS
- VI APPLICABILITY OF ARTICLE XX
- VII ARTICLE XI:2(a) OF THE GATT 1994
- VIII ARTICLE XX(g) OF THE GATT 1994
- IX FINDINGS AND CONCLUSIONS IN THE APPELLATE BODY REPORT WT/DS394/AB/R
- X FINDINGS AND CONCLUSIONS IN THE APPELLATE BODY REPORT WT/DS395/AB/R
- XI FINDINGS AND CONCLUSIONS IN THE APPELLATE BODY REPORT WT/DS398/AB/R
- ANNEX I Request for the Establishment of a Panel by the United States, WT/DS394/7
- ANNEX II Request for the Establishment of a Panel by the European Communities, WT/DS395/7
- ANNEX III Request for the Establishment of a Panel by Mexico, WT/DS398/6
- ANNEX IV Notification of an Appeal by China, WT/DS394/11, WT/DS395/11, WT/DS398/10
- ANNEX V Notification of an Other Appeal by the United States, WT/DS394/12
- ANNEX VI Notification of an Other Appeal by the European Union, WT/DS395/12
- ANNEX VII Notification of an Other Appeal by Mexico, WT/DS398/11
- Contents
- TABLE OF WTO CASES CITED IN THESE REPORTS
- GATT DISPUTE SETTLEMENT AND WORKING PARTY REPORTS
- ABBREVIATIONS OF MEASURES, EVIDENCE, AND OTHER INSTRUMENTS REFERRED TO IN THIS RULING
- TABLE OF ABBREVIATIONS
- I INTRODUCTION
- II FACTUAL ASPECTS
- III PARTIES' REQUESTS FOR FINDINGS AND RECOMMENDATIONS
- IV ARGUMENTS OF THE PARTIES
- V ARGUMENTS OF THE THIRD PARTIES
- VI INTERIM REVIEW
- VII FINDINGS
- VIII CONCLUSIONS AND RECOMMENDATIONS
- Cumulative List of Published Disputes
Summary
362. In the appeal of the Panel Report in China – Measures Related to the Exportation of Various Raw Materials (complaint by the United States, WT/DS394/R) (the “US Panel Report”), for the reasons set out in this Report, the Appellate Body:
(a) finds that the Panel erred under Article 6.2 of the DSU in making findings regarding claims allegedly identified in Section III of the United States' panel request; and therefore declares moot and of no legal effect the Panel findings in paragraph 8.4(a)-(d) in respect of claims concerning export quota administration and allocation; in paragraph 8.5(a)-(b) in respect of claims concerning export licensing requirements; in paragraph 8.6(a)-(b) in respect of claims concerning a minimum export price requirement; and in paragraph 8.4(e) of the US Panel Report in respect of claims concerning fees and formalities in connection with exportation.
(b) finds that the Panel did not err in recommending, in paragraph 8.8 of the US Panel Report, that China bring its measures into conformity with its WTO obligations such that the “series of measures” do not operate to bring about a WTO-inconsistent result;
(c) finds that the Panel did not err, in paragraph 7.159 of the US Panel Report, in finding that there is no basis in China's Accession Protocol to allow the application of Article XX of the GATT 1994 to China's obligations in Paragraph 11.3 of China's Accession Protocol; and therefore upholds the Panel's conclusion, in paragraph 8.2(b) of the US Panel Report, that China may not seek fluorspar pursuant to Article XX(g) of the GATT 1994 and the Panel's conclusion, in paragraph 8.2(c) of the US Panel Report, that China may not seek to justify the application of export duties to certain forms of magnesium, manganese and zinc pursuant to Article XX(b) of the GATT 1994;
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- Dispute Settlement Reports 2012 , pp. 3446 - 3447Publisher: Cambridge University PressPrint publication year: 2014