Background

2.1 This dispute concerns China's use of certain export restraints on the exportation of certain forms of bauxite, coke, fluorspar, magnesium, manganese, silicon carbide, silicon metal, yellow phosphorus and zinc (the “raw materials”). The complainants identify the following as four types of restraints that China imposes on the exportation of these raw materials: (1) export duties; (2) export quotas; (3) export licensing; and (4) minimum export price requirements. The complainants challenge the existence of these restraints as well as aspects of the allocation and administration of export quotas, export licences and minimum export prices, and the alleged non-publication of certain measures.

Products at Issue

2.2 The various forms of the nine raw materials at issue either occur naturally or have undergone initial processing. The following chart identifies the particular raw materials at issue in this dispute by category, product name, product name short form, 2009 Chinese HS Number, and 2009 Chinese Commodity Codes. This chart takes into account the parties' submissions, responses to questions and the Panel's preliminary ruling (discussed in paragraphs 1.10 to 1.13 above).

Measures at Issue

2.3 The United States, the European Union and Mexico collectively identified 40 specific measures in their Panel Requests15 in connection with their claims concerning export duties, export quotas, export licensing requirements and minimum export price requirements. These include measures concerning the imposition of these restraints, as well as aspects of the allocation, administration and the alleged non-publication of certain measures.