Panel established to review EU duties on battery electric vehicles from China

DS630: European Union — Definitive Countervailing Duties on New Battery Electric Vehicles from China

China submitted its second request for the establishment of a dispute panel with respect to the definitive countervailing duties imposed by the European Union on new battery electric vehicles from China. The request also concerns the underlying investigation that led to the imposition of the duties. The EU had said it was not ready to accept China's first request for the panel at a DSB meeting on 24 March .

China said it considers the EU measures inconsistent with various WTO provisions. It added that it was open to constructive discussions and remains committed to resolving the dispute within WTO rules.

The EU said it strongly maintains that its measures are entirely justified. The EU said it is confident it will succeed in this dispute

The DSB agreed to the establishment of the panel. 

Australia, Brazil, Canada, Colombia, India, Japan, Kazakhstan, the Republic of Korea, Mexico, Norway, the Russian Federation, Singapore, Switzerland, Thailand, Türkiye, the United Kingdom and the United States reserved their third-party rights to participate in the proceedings.

DS597: United States — Origin Marking Requirement (Hong Kong, China)

The United States again raised the matter of the panel ruling in DS597, which was circulated on 21 December 2022 and which the US appealed on 26 January 2023. The US said it was raising the matter again as a result of further developments in Hong Kong, China regarding free speech and human rights. The US referred to its previous statements regarding its position on essential security and its reasons for placing this item on the DSB agenda.

Hong Kong, China said it was disappointed that the United States continues to raise the matter at DSB meetings. It said the panel ruling in DS597 provided an impartial assessment and the interpretation of WTO agreements cannot be unilaterally rewritten by WTO members.

China reiterated its concern over the item being placed again on the DSB agenda. It said the security exception under the General Agreement on Tariffs and Trade (GATT) 1994 is not entirely self-judging, as found by the panel in DS597 and six previous panels.

DS588: India — Tariff Treatment on Certain Goods in the Information and Communications Technology Sector

India and Chinese Taipei said they sought to continue engagement with each other for a resolution of this dispute. They again requested additional time for the DSB to consider for adoption the panel report circulated on 17 April 2023 in the case initiated by Chinese Taipei regarding India's tariffs on certain high-tech goods.

The parties asked that the DSB further delay consideration of the panel report until 24 October 2025. The DSB had agreed to six previous requests from India and Chinese Taipei to delay consideration of the reports.

The DSB agreed to the latest requests from Chinese Taipei and India.

Appellate Body appointments

Colombia, speaking on behalf of 130 members, introduced for the 86th 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 US said the panel report in DS597 provided examples of its concerns regarding WTO dispute settlement overreach. 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 86th 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.

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 23 May 2025.

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