WTO Appellate Body Rules Against Chinese Export Restrictions
21 February 2012
Mayer Brown Legal Update
The Appellate Body of the World Trade Organization has circulated its decision with regard to a 2009 dispute brought by the United States, the European Union, and Mexico against export restrictions imposed by China on certain raw materials used as key industrial inputs. Many observers believe this decision by the Appellate Body will either force China to re-examine its export regime with respect to rare earth minerals or prompt the United States and others to challenge the regime in a new WTO proceeding. The decision also explores various aspects of the WTO agreement that have not previously been the subject of dispute settlement proceedings.