Reviewing The WTO Ruling On China's Raw Export Policy

Law360, New York (February 28, 2012, 1:17 PM EST) -- On Jan. 30, 2012, the Appellate Body of the World Trade Organization circulated its decision on Chinese export restrictions on various raw materials (WT/DS394/AB/R; WT/DS395AB/R; WT/DS398/AB/R). The initial dispute was brought in 2009 by the United States, the European Union and Mexico against export restrictions imposed by China on certain forms of yellow phosphorus, bauxite, coke, fluorspar, magnesium, manganese, silicon metal, silicon carbide, and zinc (hereinafter “raw materials”).

The WTO panel that first heard the case ruled against China in July 2011.[1] It found that China’s...
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