China – Anti-Dumping and Countervailing Duty Measures on Barley from Australia

Request for Consultations by australia

The following communication, dated 16 December 2020, from the delegation of Australia to the delegation of China, is circulated to the Dispute Settlement Body in accordance with Article 4.4 of the DSU.

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1.           My authorities have instructed me to request consultations with the Government of 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, 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 thereof, and Notice No. 15 of 2020 (18 May 2020), including any and all annexes and any amendments thereof. China's measures appear to be inconsistent with China's obligations including under the provisions of the GATT 1994, the Anti-Dumping Agreement and the SCM Agreement.