China - Countervailing and Anti-Dumping Duties on Grain Oriented Flat-Rolled Electrical Steel from the United States - Recourse 1 : Recourse to Article 21.5 of the DSU by the United States - Report of the Panel

On 15 September 2010, the United States requested consultations with China with respect to measures imposing countervailing duties and anti-dumping duties on grain oriented flat-rolled electrical steel (“GOES”) from the United States as set forth in Ministry of Commerce of the People's Republic of China (“MOFCOM”) Notice No. 21 [2010], including its annexes. The subsidy that China determined to confer a benefit are the “Buy America” provisions of the American Recovery and Reinvestment Act of 2009 and also State government procurement laws. The United States alleged that China appears to be acting inconsistently with its obligations under: - Articles 10, 11.2, 11.3, 12.3, 12.4.1, 12.7, 12.8, 15.1, 15.2, 15.5, 19, 22.2(iii), 22.3 and 22.5 of the SCM Agreement, - Articles 1, 3.1, 3.2, 3.5, 6.9 and 12.2 of the Anti-Dumping Agreement; and - Article VI of the GATT 1994.