China – Anti-Dumping and Countervailing Duty Measures on Wine from Australia
Request for the Establishment of a Panel by AUSTRALIA
The following communication, dated 16 September 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 22 June 2021, 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 with respect to anti-dumping and countervailing duty measures on bottled wine in containers of 2 litres or less imported from Australia.
2. Australia and China held such consultations on 9 August 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, and Article XXIII of the GATT 1994.
3. Without prejudice to Australia's right to take any appropriate future actions, and taking into consideration China's decision not to impose definitive countervailing duties on bottled wine from Australia at this time, Australia is not including in this request matters related to China's measures imposing provisional countervailing duties on bottled wine from Australia and determining (i) the existence and amount of countervailable subsidies on bottled wine from Australia and (ii) injury caused to the domestic industry in China by imports of allegedly subsidized bottled wine from Australia, including all investigations, determinations, decisions, and actions in relation to those measures.
4. Australia considers that China's measures imposing definitive anti-dumping duties on bottled wine from Australia, as set forth in Ministry of Commerce of the People's Republic of China ("MOFCOM") Notice No. 6 of 2021 (26 March 2021) including any and all annexes and any amendments, modifications or replacements thereof, including the initiation and conduct of the investigation, determinations made, decisions taken, and actions related to those measures, are inconsistent with China's commitments and obligations, including under the following provisions of the GATT 1994 and the Anti-Dumping Agreement.