I - INTRODUCTION

Summary

Complaints of the United States, the European Union and Mexico

1.1 On 23 June 2009, the United States and the European Communities and on 21 August 2009, Mexico, each requested consultations with the People's Republic of China (“China”), pursuant to Article 1 and Article 4 of the Understanding on Rules and Procedures Governing the Settlement of Disputes (“DSU”) and Article XXII of the General Agreement on Tariffs and Trade 1994 (“GATT 1994”) with respect to China's restraints on the export from China of various forms of bauxite, coke, fluorspar, magnesium, manganese, silicon carbide, silicon metal, yellow phosphorus, and zinc.

1.2 On 4 November 2009, the United States, the European Communities and Mexico requested the Dispute Settlement Body (“DSB”) to establish a panel pursuant to Article 6 of the DSU.

Establishment and Composition of the Panel

1.3 At its meeting of 21 December 2009, the DSB established a single panel pursuant to the requests of the United States in document WT/DS394/7, the European Communities in document WT/DS395/7 and Mexico in document WT/DS398/6, in accordance with Article 9.1 of the DSU. At that meeting, the parties agreed that the Panel should have standard terms of reference. The terms of reference are, therefore, 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 the United States in document WT/DS394/7, the European Communities in document WT/DS395/7 and Mexico in document WT/DS398/6, and to make such findings as will assist the DSB in making the recommendations or in giving the rulings provided for in those agreements.”