China – Anti-Dumping and Countervailing Duty
Measures on Barley
Request for the Establishment of a Panel by AustraliA
The following communication, dated 15 March 2021, from the delegation of Australia to the Chairperson of the Dispute Settlement Body, is circulated pursuant to Article 6.2 of the DSU.
1. On 16 December 2020, Australia requested consultations with 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"), Articles 17.2 and 17.3 of the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 ("Anti‑Dumping Agreement") and Article 30 of the Agreement on Subsidies and Countervailing Measures ("SCM Agreement") with respect to measures imposing anti‑dumping duties and countervailing duties on barley imported from Australia. Australia and China held such consultations on 28 January 2021. Unfortunately, these consultations were unsuccessful in resolving this dispute. As a consequence, Australia is requesting the establishment of a panel pursuant to Articles 4.7 and 6 of the DSU, Article 17.4 of the Anti‑Dumping Agreement, Article 30 of the SCM Agreement and Article XXIII of the GATT 1994.
2. Australia considers that China's measures imposing anti-dumping and countervailing duties on barley from Australia, as set forth in Ministry of Commerce of the People's Republic of China ("MOFCOM") Notice No. 14 of 2020 (18 May 2020), including any and all annexes and any amendments, modifications or replacements thereof, and Notice No. 15 of 2020 (18 May 2020), including any and all annexes and any amendments, modifications or replacements thereof, are inconsistent with China's commitments and obligations including under the following provisions of the GATT 1994, the Anti-Dumping Agreement and the SCM Agreement.