China - Measures related to the Exportation
of
Rare earths, Tungsten and Molybdenum
Request
for the Establishment of a Panel by the United States
The following communication, dated 27
June 2012, from the delegation of the United States to the Chairperson of the
Dispute Settlement Body, is circulated pursuant to Article 6.2 of the DSU.
_______________
On 13 March 2012, the
United States requested 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")
and Article XXII of the General Agreement on Tariffs and Trade 1994 ("GATT
1994") with respect to China's restrictions on the exportation from China
of various forms of rare earths[1], tungsten[2] and molybdenum[3]. The United States held
consultations with China on 25 and 26 April
2012. Those consultations unfortunately
did not resolve the dispute.
I.
Export Duties
China
subjects various forms of rare earths[4], tungsten[5] and
molybdenum[6] to export duties. These materials are not listed in Annex 6 of
the Protocol on the Accession of the
People's Republic of China (WT/L/432) ("Accession Protocol").
[1] Forms of rare earths include, but are not limited to,
items falling under the eight‑digit Chinese Customs Commodity Codes identified
in the Announcement No. 27 Issuing the 2012 Tariff Implementation Program (State
Council Customs Tariff Commission, shuiweihui, No. 27, issued 9 December 2011,
effective 1 January 2012) (hereinafter, the 2012 Tariff Implementation
Program) as listed in
Annex 1 Section A. Forms of rare earths also include, but are not limited to,
items falling under the 10-digit Chinese Customs Commodity Codes identified in
the Notice on Issuing the "2012 Export Licensing Management Commodities
List", Ministry
of Commerce and General Administration of Customs Notice No. 98 (30 December 2011) (hereinafter, the 2012 Export
Licensing Management Commodities List) as listed in Annex 1 Section B.
[2] Forms of tungsten include, but are not limited to,
items falling under the eight-digit Chinese Customs Commodity Codes identified
in the 2012 Tariff Implementation Program as listed in Annex 2 Section A. Forms of tungsten also include, but are not
limited to, items falling under the 10-digit Chinese Customs Commodity Codes
identified in the 2012 Export Licensing Management Commodities List as listed in Annex 2 Section B.
[3] Forms of molybdenum include, but are not limited to,
items falling under the eight-digit Chinese Customs Commodity Codes identified
in the 2012 Tariff Implementation Program as listed in Annex 3 Section A. Forms of molybdenum also include, but are not limited
to, items falling under the 10-digit Chinese Customs Commodity Codes identified
in the 2012 Export Licensing Management Commodities List as listed in Annex 3 Section B.
[4] As listed in Annex 1 Section A.
[5] As listed in Annex 2 Section A.
[6] As listed in Annex 3 Section A.