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WT/DS395 - China - Measures Related to the Exportation of Various Raw Materials

WTO dispute settlement case - Launched by the EU

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Dispute settlement
Dispute settlement
WTO - Case launched by the EU

Summary of the case

  • Complaint by: EU, Mexico, United States
  • Complaint against: China
  • Third parties: Argentina, Brazil, Canada, Chile, Colombia, Ecuador, India, Japan, Korea, Republic Of, Norway, Saudi Arabia, Taiwan (Chinese Taipei), Turkey

On 23 June 2009, following the US, the EC requested consultations with China regarding various export restrictions on the exportation of certain raw materials from China. The materials in question are various forms of bauxite, coke, fluorspar, magnesium, manganese, silicon carbide, silicon metal, yellow phosphorus and zinc.

The export restrictions are mainly quotas (bauxite, coke, fluorspar, silicon carbide and zinc), export duties (bauxite, coke, fluorspar, magnesium, manganese, silicon metal, yellow phosphorus and zinc), a minimum export price system, as well as additional requirements and procedures that exporters must meet.

Panel Report found China in violation of various WTO provisions. On 30 January 2012 Appellate Body circulated its AB Report where it confirmed all the main findings of the Panel, i.e. that China export restrictions (duties and quotas) are in breach of its WTO commitments and that China was not able to justify them. None of the modifications undertaken by the Appellate Body on the Panel's findings has changed the Panel's conclusion that China’s export restrictions are in violation of WTO rules and of China’s commitments, and cannot be justified under WTO law.

Relevant WTO provision: GATT 1994 (VIII, X, XI, XX); Protocol on the Accession of the People's Republic of China


On 23 March 2012, China informed the DSB of its intention to implement the DSB recommendations and rulings but that it would need a reasonable period of time to do so.

  • Consultations requested: 23 June 2009
  • Panel requested: 04 November 2009
  • Panel established: 21 December 2009
  • Panel report circulated: 05 July 2011
  • Appeal requested: 31 August 2011
  • Appeal report circulated: 30 January 2012
  • Panel/Appellate Body report adopted: 22 February 2012


EU submissions and other related documents

Full case details and WTO documents on the WTO website

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