Report of the Panel

Summary

INTRODUCTION

1.1 On 14 September 2009, the People's Republic of China ("China") requested consultations with the United States pursuant to Article XXIII:1 of the GATT 1994, Articles 1 and 4 of the DSU and Article 14 of the Safeguards Agreement, with regard to certain measures taken by the United States allegedly affecting the import of certain passenger vehicle and light truck tyres from China. China and the United States held consultations in Geneva on 9 November 2009, but failed to resolve the dispute. At the DSB meeting on 19 January 2010, China requested the establishment of a Panel pursuant to Article XXIII:2 of the GATT 1994, Articles 4.7 and 6 of the DSU and Article 14 of the Safeguards Agreement. At that meeting, the DSB established a panel pursuant to the request of China.

1.2 The Panel's terms of reference are the following:

To examine, in the light of the relevant provisions of the covered agreements cited by the parties to the dispute, the matter referred to the DSB by China in document WT/DS399/2 and to make such findings as will assist the DSB in making the recommendations or in giving the rulings provided for in those agreements.