WTO Dispute Panel to Review Chinese Complaint regarding Australian Duties on Wind Towers and Stainless Steel Articles

WTO members agreed at a meeting of the Dispute Settlement Body (DSB) on 28 February to establish a dispute panel to examine China’s complaint regarding anti-dumping and countervailing duties levied by Australia on various imported Chinese goods.

DS603 Australia — Anti-Dumping and Countervailing Duty Measures on Certain Products from China

China submitted its second request for the establishment of a WTO dispute panel to examine Australia's decision to impose anti-dumping duties on imports of wind towers, stainless steel sinks and certain railway wheels from China as well as countervailing measures on imports of stainless steel sinks from China. China's first request for a panel was blocked at the last DSB meeting on 25 January.

China said the issues raised in its request highlight a series of continuous and long-standing failures by Australia in meeting its obligations under the relevant WTO agreements. The trade remedy investigations and the decisions made by Australia against Chinese exporters lacked factual bases, were opaquely explained and are legally undisciplined, China said.

Australia said it was disappointed that China has proceeded with its second request for a panel. Australia's trade remedy system is independent, transparent, non-discriminatory and evidence based, it said, adding that Australia was confident it complied with its WTO obligations in initiating and conducting the investigations. Australia added it remained ready to resolve this matter with China through bilateral discussions.

The DSB agreed to the establishment of a panel. The European Union, the United States, Russia, Canada, Brazil, Switzerland, Norway, Singapore, Korea, India, Chinese Taipei and Japan reserved their third party rights to take part in the proceedings.

Surveillance of implementation

The United States presented status reports with regard to DS184, "US — Anti-Dumping Measures on Certain Hot-Rolled Steel Products from Japan", DS160, "United States — Section 110(5) of US Copyright Act", DS464, "United States — Anti-Dumping and Countervailing Measures on Large Residential Washers from Korea", and DS471, "United States — Certain Methodologies and their Application to Anti-Dumping Proceedings Involving China."

The European Union presented a status report with regard to DS291, "EC — Measures Affecting the Approval and Marketing of Biotech Products." Indonesia presented its status reports in DS477 and DS478, "Indonesia — Importation of Horticultural Products, Animals and Animal Products."

New DSB chair

Before the close of the meeting, members elected Ambassador Athaliah Lesiba Molokomme of Botswana as chair of the DSB for the upcoming year. Many members thanked the outgoing chair, Swiss Ambassador Didier Chambovey, for his service over the past year.