China – ANTI-DUMPING AND COUNTERVAILING DUTIES
ON CERTAIN AUTOMOBILES FROM THE UNITED STATES

Request for Consultations by the United States

        The following communication, dated 5 July 2012, from the delegation of the United States to the delegation of China and to the Chairperson of the Dispute Settlement Body, is circulated in accordance with Article 4.4 of the DSU.

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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, Article XXIII:1 of the General Agreement on Tariffs and Trade 1994 ("GATT 1994"), Article 30 of the Agreement on Subsidies and Countervailing Measures ("SCM Agreement") (to the extent that Article 30 incorporates Article XXIII of the GATT 1994), and Article 17.3 of the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 ("AD Agreement") with respect to China's measures imposing antidumping duties and countervailing duties on certain automobiles from the United States, as set forth in Ministry of Commerce of the People's Republic of China ("MOFCOM") Notice No. 20 [2011] and Notice No. 84 [2011], including any and all annexes.  China's measures appear to be inconsistent with China's obligations including under the provisions of the GATT 1994, the AD Agreement, and the SCM Agreement.

In particular, China's antidumping and countervailing duty measures on certain automobiles from the United States appear to be inconsistent with the following provisions of the GATT 1994, the AD Agreement, and the SCM Agreement: