AUSTRALIA – ANTI-DUMPING AND COUNTERVAILING DUTY MEASURES
ON CERTAIN PRODUCTS FROM CHINA

Communication from the Panel

The following communication, dated 23 February 2023, was received from the Chairperson of the Panel with the request that it be circulated to the Dispute Settlement Body (DSB).

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Article 12.8 of the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU) provides that the period in which a panel shall conduct its examination, from the date that the composition and terms of reference of the panel have been agreed upon until the date the final report is issued to the parties to the dispute, shall, as a general rule, not exceed six months.

Article 12.9 of the DSU provides that, when a panel considers that it cannot issue its report within six months, it shall inform the Dispute Settlement Body (DSB) in writing accordingly and indicate the reasons, together with an estimate of the period within which it will issue its report.

The Panel on Australia – Anti-Dumping and Countervailing Duty Measures on Certain Products from China (DS603) was established by the DSB on 28 February 2022 and composed on 5 September 2022.

Taking account of the Working Procedures and the Timetable that were prepared in consultation with the parties, the volume of the submissions received and the complexity of the issues presented, and scheduling conflicts arising from, inter alia, panelist involvement in other WTO disputes, the Panel does not expect to issue its final report to the parties before the end of 2023, at the earliest.

The report will only be available to the public once it is circulated to the Members in all three working languages of the WTO. The date of circulation depends on completion of translation and the Panel is not in a position to provide an estimated circulation date at this time.

I would be grateful if you would circulate this letter to the DSB.