Panels established to review Canadian surtaxes, Chinese duties on farm and fish products

DS627: Canada — Measures on Certain Products of Chinese Origin

China submitted its second request for the establishment of a dispute panel with respect to the surtax measures imposed by Canada on certain products of Chinese origin, including electric vehicles and steel and aluminium products. Canada had said it was not ready to accept China's first request for the panel at a DSB meeting on 23 May.

China said it considers Canada's measures inconsistent with provisions of the General Agreement on Tariffs and Trade (GATT). It added that it was open to constructive discussions and remains committed to resolving the dispute.

It is unfortunate that China has included in its panel request claims related to certain solar products, critical minerals, semiconductors, permanent magnets and natural graphite imported from China, Canada said, noting that there are no Canadian surtax measures on these products. China has therefore failed to identify the specific measures at issue as required under the Dispute Settlement Understanding (DSU), Canada said.

Canada said its surtax measures on electric vehicles and steel and aluminium products are justified under the GATT and that it was fully prepared to defend these measures. Canada remains committed to maintaining constructive dialogue with China even as the dispute moves to the panel stage, it added.

The United States said that China responded to the surtaxes by imposing countermeasures in the form of additional duties on Canadian agricultural and fishery products.

The DSB agreed to the establishment of the panel. 

Australia, the European Union, India, Japan, the Republic of Korea, Malaysia, Norway, the Russian Federation, Singapore, Switzerland, Türkiye, the United Kingdom, Ukraine and the United States reserved their third-party rights to participate in the proceedings.

DS636: China — Additional Import Duties on Certain Agricultural and Fishery Products from Canada

Canada submitted its second request for the establishment of a dispute panel with respect to the additional import duties imposed by China on certain Canadian agricultural and fisheries products. China had said it was not ready to accept Canada's first request for the panel at a special DSB meeting on 5 June.

Canada said the import duties imposed by China represented a unilateral determination and trade countermeasures contrary to WTO rules. Canada moreover said that as the dispute concerns perishable goods, the case should be treated as urgent as provided by the DSU. Canada remains committed to maintaining constructive dialogue with China even as the dispute moves to the panel stage, it added.

China replied that it regretted Canada's decision to seek the establishment of a panel and opposed Canada's claim that DSU provisions on urgency apply to this case. China said it will defend itself in the proceedings and is confident that its measures will be found consistent with WTO rules. It added that it remained open to engagement with Canada.

The United States reiterated that the measures at issue are countermeasures imposed by China in response to Canadian measures China is challenging in DS627.

The DSB agreed to the establishment of the panel. 

Australia, the European Union, India, Japan, Norway, the Russian Federation, Singapore, Switzerland, Türkiye, the United Kingdom, the United States and Viet Nam reserved their third-party rights to participate in the proceedings.

Appellate Body appointments

Colombia, speaking on behalf of 130 members, introduced for the 88th time the group's proposal to start the selection processes for filling vacancies on the Appellate Body. The extensive number of members submitting the proposal reflects a common interest in the functioning of the Appellate Body and, more generally, in the functioning of the WTO's dispute settlement system, Colombia said.

The United States said it does not support the proposed decision and noted its longstanding concerns with WTO dispute settlement that have persisted across US administrations. The United States emphasized that the dispute settlement process was meant to help members resolve specific disputes without creating new rules that alter rights and obligations under the covered WTO agreements. The US reiterated that fundamental reform of WTO dispute settlement is needed and that it will reflect on the extent to which it is possible to achieve such a reformed WTO dispute settlement system.

More than 20 members took the floor to comment, one speaking on behalf of a group of members. Several members urged others to consider joining the Multi-party interim appeal arrangement (MPIA), a contingent measure to safeguard the right to appeal in the absence of a functioning Appellate Body. 

Colombia, on behalf of the 130 members, said it regretted that for the 88th occasion members have not been able to launch the selection processes. Ongoing conversations about reform of the dispute settlement system should not prevent the Appellate Body from continuing to operate fully, and members shall comply with their obligation under the Dispute Settlement Understanding to fill the vacancies as they arise, Colombia said for the group.

Dispute settlement reform

The DSB Chair, Ambassador Clare Kelly (New Zealand), said that the General Council (GC) Chair Ambassador Saqer Abdullah Almoqbel (Kingdom of Saudi Arabia) had informed members in a 6 June communication that, regarding dispute settlement reform, his consultations have confirmed readiness to preserve and build on the progress already made, and to advance only when the time is ripe to make meaningful progress on key unresolved issues with the engagement of all delegations.

The GC Chair also indicated that both the DSB Chair and the GC Chair will be closely monitoring the situation and will revert to members at the appropriate time. The DSB chair added that her door is open to delegations wishing to further discuss the matter.

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.” 

Next meeting

The next regular DSB meeting will take place on 25 July 2025.

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