CHINA MEASURES RELATED TO THE EXPORTATION OF RARE EARTHS, TUNGSTEN, AND MOLYBDENUM

Transcription

1 WT/DS431/R WT/DS432/R WT/DS433/R 26 March 2014 ( ) Page: 1/257 Original: English CHINA MEASURES RELATED TO THE EXPORTATION OF RARE EARTHS, TUNGSTEN, AND MOLYBDENUM REPORTS OF THE PANEL Note by the Secretariat: These Panel Reports are in the form of a single document constituting three separate Panel Reports: WT/DS431/R, WT/DS432/R and WT/DS433/R. The cover page, preliminary pages, sections 1 through 7 are common to the three Reports. The page header throughout the document bears the three document symbols WT/DS431/R, WT/DS432/R and WT/DS433/R, with the following exceptions: section 8 on pages USA-252 and USA-253, which bears the document symbol for and contains the Panel's conclusions and recommendations in the Panel Report WT/DS431/R; section 8 on pages EU-254 and EU-255 contains the Panel's conclusions and recommendations in the Panel Report WT/DS432/R; and section 8 on pages JPN-256 and JPN-257, which bears the document symbol for and contains the Panel's conclusions and recommendations in the Panel Report WT/DS433/R. The annexes, which are a part of the Panel Reports, are circulated in a separate document (WT/DS431/R/Add.1, WT/DS432/R/Add.1 and WT/DS433/R/Add.1).

2 - 2 - TABLE OF CONTENTS 1 INTRODUCTION Complaints by the United States, the European Union, and Japan Panel establishment and composition Panel proceedings General Request for enhanced third-party rights Request for a preliminary ruling on the availability of a defence under Article XX of the GATT 1994 for a violation of Paragraph 11.3 of China's Accession Protocol FACTUAL ASPECTS The products at issue The measures at issue Export duties Export quotas Export quota administration and allocation PARTIES' REQUESTS FOR FINDINGS AND RECOMMENDATIONS ARGUMENTS OF THE PARTIES ARGUMENTS OF THE THIRD PARTIES INTERIM REVIEW Comments on the Panel's interim findings General Specific comments Export duties Export quotas Allegations of violation of confidentiality of the Interim Reports FINDINGS Request for enhanced third-party rights Evidence submitted on 17 July Export duties Introduction and claim under Paragraph 11.3 of China's Accession Protocol The obligation in Paragraph 11.3 of China's Accession Protocol The measures at issue Conclusion China's defence under Article XX(b) of the GATT Whether the obligation in Paragraph 11.3 of China's Accession Protocol is subject to the general exceptions in Article XX of the GATT The application of Article XX(b) of the GATT 1994 with respect to China's export duties Overall conclusion on claims relating to export duties Export quotas... 83

3 Introduction and Claims of violation of Article XI:1 of the GATT 1994 and Paragraphs 162 and 165 of China's Working Party Report Burden of proof and management of the evidence by the Panel Description of China's export quota measures Application of the quota system Series of measures China's defence under Article XX(g) of the GATT Introduction Interpretation of Article XX(g) of the GATT Meaning of "relating to the conservation of exhaustible natural resources" Meaning of "made effective in conjunction with restrictions on domestic production or consumption" The "even-handedness" requirement Interpretation of the chapeau of Article XX of the GATT Introduction Application of Article XX(g) to China's export quota on rare earths Introduction Application of subparagraph (g) to China's rare earth export quota First part: whether China's export quota on rare earths "relates to the conservation of exhaustible natural resources" Second part: whether China's export quota on rare earths is made effective in conjunction with restrictions on domestic production or consumption Conclusion on subparagraph (g) Application of the chapeau of Article XX to China's export quota on rare earths Whether China has demonstrated that its export quota on rare earths was not applied in a manner that constituted arbitrary or unjustifiable discrimination or a disguised restriction on international trade Whether the rationale for the discrimination or the disguised restriction on trade created by the application of China's export quota on rare earths is concerned with conservation WTO-consistent alternatives Conclusion Overall conclusion on China's export quota on rare earths Application of Article XX(g) to China's export quota on tungsten Introduction Application of subparagraph (g) to China's export quota on tungsten First part: whether China's export quota on tungsten relates to the conservation of exhaustible natural resources Second part: whether China's export quota on tungsten is made effective in conjunction with restrictions on domestic production or consumption Even-handedness Conclusion Application of the chapeau of Article XX to China's export quota on tungsten

4 Whether China has demonstrated that its export quota on tungsten was not applied in a manner that constitutes arbitrary or unjustifiable discrimination or a disguised restriction on international trade Whether the rationale for the discrimination or the disguised restriction on international trade created by the application of China's export quota on tungsten is concerned with conservation WTO-consistent alternatives Conclusion Overall conclusion on China's export quota on tungsten Application of Article XX(g) to China's export quota on molybdenum Application of subparagraph (g) to China's export quota on molybdenum Introduction First part: Whether China's export quota on molybdenum "relates to the conservation of exhaustible natural resources" Second part: whether China's export quota on molybdenum is made effective in conjunction with restrictions on domestic production or consumption Even-handedness Conclusion Application of the chapeau of Article XX of the GATT 1994 to China's export quota on molybdenum Whether China has demonstrated that its export quota on molybdenum was not applied in a manner that constitutes arbitrary or unjustifiable discrimination or a disguised restriction on international trade Whether the rationale for the discrimination or the disguised restriction on trade created by the application of China's export quota on molybdenum is concerned with conservation WTO-consistent alternatives Conclusion Overall conclusion on China's export quota on molybdenum Trading rights Introduction Claims under Paragraph 5.1 of China's Accession Protocol and Paragraphs 83 and 84 of China's Working Party Report The obligations in Paragraph 5.1 of China's Accession Protocol and Paragraphs 83 and 84 of China's Working Party Report The measures at issue Conclusion Defence under Article XX(g) of the GATT Whether China's commitments in Paragraphs 83 and 84 are subject to the general exceptions in Article XX because these commitments like those in Paragraph 5.1 are qualified by China's right to regulate trade Whether the breaches of China's trading rights commitments are justified pursuant to Article XX(g) of the GATT Conclusion The European Union's additional claim under Paragraph 84(b) of China's Working Party Report

5 Introduction Obligation under Paragraph 84(b) of China's Working Party Report The measure at issue Conclusion CONCLUSIONS AND RECOMMENDATIONS Complaint by the United States (DS431)... US Conclusions... US Nullification and impairment... US Recommendations... US Complaint by the European Union (DS432)... EU Conclusions... EU Nullification and impairment... EU Recommendations... EU Complaint by Japan (DS433)... JPN Conclusions... JPN Nullification and impairment... JPN Recommendations... JPN-257

6 - 6 - LIST OF ANNEXES ANNEX A WORKING PROCEDURES OF THE PANEL Contents Page Annex A-1 Working Procedures of the Panel A-2 ANNEX B ARGUMENTS OF THE PARTIES Contents Page Annex B-1 Integrated executive summary of the arguments of the United States B-2 Annex B-2 Integrated executive summary of the arguments of the European Union B-24 Annex B-3 Integrated executive summary of the arguments of Japan B-47 Annex B-4 Integrated executive summary of the arguments of China B-68 ANNEX C ARGUMENTS OF THIRD PARTIES Contents Page Annex C-1 Integrated executive summary of the arguments of Argentina C-2 Annex C-2 Integrated executive summary of the arguments of Australia C-4 Annex C-3 Integrated executive summary of the arguments of Brazil C-7 Annex C-4 Integrated executive summary of the arguments of Canada C-8 Annex C-5 Integrated executive summary of the arguments of Colombia C-11 Annex C-6 Integrated executive summary of the arguments of the Republic of Korea C-13 Annex C-7 Integrated executive summary of the arguments of Norway C-15 Annex C-8 Integrated executive summary of the arguments of Peru C-16 Annex C-9 Integrated executive summary of the arguments of the Russian Federation C-18 Annex C-10 Integrated executive summary of the arguments of the Kingdom of Saudi Arabia C-20 Annex C-11 Integrated executive summary of the arguments of Turkey C-23

7 - 7 - CASES CITED IN THESE REPORTS Short Title Argentina Hides and Leather Argentina Textiles and Apparel Argentina Textiles and Apparel Brazil Desiccated Coconut Brazil Desiccated Coconut Brazil Retreaded Tyres Brazil Retreaded Tyres Canada Aircraft Canada Aircraft Canada Autos Canada Autos Canada Renewable Energy / Canada Feed-in Tariff Program Canada Renewable Energy / Canada Feed-in Tariff Program Chile Alcoholic Beverages Full Case Title and Citation Panel Report, Argentina Measures Affecting the Export of Bovine Hides and Import of Finished Leather, WT/DS155/R and Corr.1, adopted 16 February 2001, DSR 2001:V, 1779 Appellate Body Report, Argentina Measures Affecting Imports of Footwear, Textiles, Apparel and Other Items, WT/DS56/AB/R and Corr.1, adopted 22 April 1998, DSR 1998:III, p Panel Report, Argentina Measures Affecting Imports of Footwear, Textiles, Apparel and Other Items, WT/DS56/R, adopted 22 April 1998, as modified by Appellate Body Report WT/DS56/AB/R, DSR 1998:III, p Appellate Body Report, Brazil Measures Affecting Desiccated Coconut, WT/DS22/AB/R, adopted 20 March 1997, DSR 1997:I, p. 167 Panel Report, Brazil Measures Affecting Desiccated Coconut, WT/DS22/R, adopted 20 March 1997, upheld by Appellate Body Report WT/DS22/AB/R, DSR 1997:I, p. 189 Appellate Body Report, Brazil Measures Affecting Imports of Retreaded Tyres, WT/DS332/AB/R, adopted 17 December 2007, DSR 2007:IV, 1527 Panel Report, Brazil Measures Affecting Imports of Retreaded Tyres, WT/DS332/R, adopted 17 December 2007, as modified by Appellate Body Report WT/DS332/AB/R, DSR 2007:V, 1649 Appellate Body Report, Canada Measures Affecting the Export of Civilian Aircraft, WT/DS70/AB/R, adopted 20 August 1999, DSR 1999:III, p Panel Report, Canada Measures Affecting the Export of Civilian Aircraft, WT/DS70/R, adopted 20 August 1999, upheld by Appellate Body Report WT/DS70/AB/R, DSR 1999:IV, p Appellate Body Report, Canada Certain Measures Affecting the Automotive Industry, WT/DS139/AB/R, WT/DS142/AB/R, adopted 19 June 2000, DSR 2000:VI, 2985 Panel Report, Canada Certain Measures Affecting the Automotive Industry, WT/DS139/R, WT/DS142/R, adopted 19 June 2000, as modified by Appellate Body Report WT/DS139/AB/R, WT/DS142/AB/R, DSR 2000:VII, 3043 Appellate Body Reports, Canada Certain Measures Affecting the Renewable Energy Generation Sector / Canada Measures Relating to the Feed-in Tariff Program, WT/DS412/AB/R / WT/DS426/AB/R, adopted 24 May 2013 Panel Reports, Canada Certain Measures Affecting the Renewable Energy Generation Sector / Canada Measures Relating to the Feed-in Tariff Program, WT/DS412/R / WT/DS426/R / and Add.1, adopted 24 May 2013, as modified by Appellate Body Reports WT/DS412/AB/R / WT/DS426/AB/R Appellate Body Report, Chile Taxes on Alcoholic Beverages, WT/DS87/AB/R, WT/DS110/AB/R, adopted 12 January 2000, DSR 2000:I, 281 Chile Alcoholic Beverages Panel Report, Chile Taxes on Alcoholic Beverages, WT/DS87/R, WT/DS110/R, adopted 12 January 2000, as modified by Appellate Body Report WT/DS87/AB/R, WT/DS110/AB/R, DSR 2000:I, 303 China Auto Parts Appellate Body Reports, China Measures Affecting Imports of Automobile Parts, WT/DS339/AB/R / WT/DS340/AB/R / WT/DS342/AB/R, adopted 12 January 2009, DSR 2009:I, 3

8 - 8 - Short Title China Auto Parts China Publications and Audiovisual Products China Publications and Audiovisual Products China Raw Materials China Raw Materials Colombia Ports of Entry Dominican Republic Safeguard Measures EC Approval and Marketing of Biotech Products EC Asbestos EC Asbestos EC Bananas III EC Bananas III (Ecuador) EC Bananas III (Article 21.5 US) EC Chicken Cuts EC Chicken Cuts (Brazil) Full Case Title and Citation Panel Reports, China Measures Affecting Imports of Automobile Parts, WT/DS339/R / WT/DS340/R / WT/DS342/R / and Add.1 and Add.2, adopted 12 January 2009, upheld (WT/DS339/R) and as modified (WT/DS340/R / WT/DS342/R) by Appellate Body Reports WT/DS339/AB/R / WT/DS340/AB/R / WT/DS342/AB/R, DSR 2009:I, 119-DSR 2009:II, 625 Appellate Body Report, China Measures Affecting Trading Rights and Distribution Services for Certain Publications and Audiovisual Entertainment Products, WT/DS363/AB/R, adopted 19 January 2010, DSR 2010:I, 3 Panel Report, China Measures Affecting Trading Rights and Distribution Services for Certain Publications and Audiovisual Entertainment Products, WT/DS363/R and Corr.1, adopted 19 January 2010, as modified by Appellate Body Report WT/DS363/AB/R, DSR 2010:II, 261 Appellate Body Reports, China Measures Related to the Exportation of Various Raw Materials, WT/DS394/AB/R / WT/DS395/AB/R / WT/DS398/AB/R, adopted 22 February 2012 Panel Reports, China Measures Related to the Exportation of Various Raw Materials, WT/DS394/R / WT/DS395/R / WT/DS398/R / and Corr.1, adopted 22 February 2012, as modified by Appellate Body Reports WT/DS394/AB/R / WT/DS395/AB/R / WT/DS398/AB/R Panel Report, Colombia Indicative Prices and Restrictions on Ports of Entry, WT/DS366/R and Corr.1, adopted 20 May 2009, DSR 2009:VI, p Panel Report, Dominican Republic Safeguard Measures on Imports of Polypropylene Bags and Tubular Fabric, WT/DS415/R, WT/DS416/R, WT/DS417/R, WT/DS418/R, adopted 22 February 2012 Panel Reports, European Communities Measures Affecting the Approval and Marketing of Biotech Products, WT/DS291/R / WT/DS292/R / WT/DS293/R, Add.1 to Add.9, and Corr.1, adopted 21 November 2006, DSR 2006:III, p. 847 Appellate Body Report, European Communities Measures Affecting Asbestos and Asbestos-Containing Products, WT/DS135/AB/R, adopted 5 April 2001, DSR 2001:VII, p Panel Report, European Communities Measures Affecting Asbestos and Asbestos-Containing Products, WT/DS135/R and Add.1, adopted 5 April 2001, as modified by Appellate Body Report WT/DS135/AB/R, DSR 2001:VIII, p Appellate Body Report, European Communities Regime for the Importation, Sale and Distribution of Bananas, WT/DS27/AB/R, adopted 25 September 1997, DSR 1997:II, 591 Panel Report, European Communities Regime for the Importation, Sale and Distribution of Bananas, Complaint by Ecuador, WT/DS27/R/ECU, adopted 25 September 1997, as modified by Appellate Body Report WT/DS27/AB/R, DSR 1997:III, p Panel Report, European Communities Regime for the Importation, Sale and Distribution of Bananas Recourse to Article 21.5 of the DSU by the United States, WT/DS27/RW/USA and Corr.1, adopted 22 December 2008, upheld by Appellate Body Report WT/DS27/AB/RW/USA, DSR 2008:XIX, p Appellate Body Report, European Communities Customs Classification of Frozen Boneless Chicken Cuts, WT/DS269/AB/R, WT/DS286/AB/R, adopted 27 September 2005, and Corr.1, DSR 2005:XIX, p Panel Report, European Communities Customs Classification of Frozen Boneless Chicken Cuts, Complaint by Brazil, WT/DS269/R, adopted 27 September 2005, as modified by Appellate Body Report WT/DS269/AB/R, WT/DS286/AB/R, DSR 2005:XIX, p. 9295

9 - 9 - Short Title EC Computer Equipment EC Computer Equipment EC Export Subsidies on Sugar EC Export Subsidies on Sugar (Australia) EC Hormones EC Hormones (Canada) EC and certain member States Large Civil Aircraft EC and certain member States Large Civil Aircraft EC Sardines EC Sardines EC Seal Products EC Tariff Preferences EC Tariff Preferences Dominican Republic Safeguard Measures India Quantitative Restrictions India Quantitative Restrictions Full Case Title and Citation Appellate Body Report, European Communities Customs Classification of Certain Computer Equipment, WT/DS62/AB/R, WT/DS67/AB/R, WT/DS68/AB/R, adopted 22 June 1998, DSR 1998:V, p Panel Report, European Communities Customs Classification of Certain Computer Equipment, WT/DS62/R, WT/DS67/R, WT/DS68/R, adopted 22 June 1998, as modified by Appellate Body Report WT/DS62/AB/R, WT/DS67/AB/R, WT/DS68/AB/R, DSR 1998:V, p Appellate Body Report, European Communities Export Subsidies on Sugar, WT/DS265/AB/R, WT/DS266/AB/R, WT/DS283/AB/R, adopted 19 May 2005, DSR 2005:XIII, p Panel Report, European Communities Export Subsidies on Sugar, Complaint by Australia, WT/DS265/R, adopted 19 May 2005, as modified by Appellate Body Report WT/DS265/AB/R, WT/DS266/AB/R, WT/DS283/AB/R, DSR 2005:XIII, p Appellate Body Report, EC Measures Concerning Meat and Meat Products (Hormones), WT/DS26/AB/R, WT/DS48/AB/R, adopted 13 February 1998, DSR 1998:I, p. 135 Panel Report, EC Measures Concerning Meat and Meat Products (Hormones), Complaint by Canada, WT/DS48/R/CAN, adopted 13 February 1998, as modified by Appellate Body Report WT/DS26/AB/R, WT/DS48/AB/R, DSR 1998:II, p. 235 Appellate Body Report, European Communities and Certain Member States Measures Affecting Trade in Large Civil Aircraft, WT/DS316/AB/R, adopted 1 June 2011, DSR 2011:I, p. 7 Panel Report, European Communities and Certain Member States Measures Affecting Trade in Large Civil Aircraft, WT/DS316/R, adopted 1 June 2011, as modified by Appellate Body Report, WT/DS316/AB/R, DSR 2011:II, p. 685 Appellate Body Report, European Communities Trade Description of Sardines, WT/DS231/AB/R, adopted 23 October 2002, DSR 2002:VIII, 3359 Panel Report, European Communities Trade Description of Sardines, WT/DS231/R and Corr.1, adopted 23 October 2002, as modified by Appellate Body Report WT/DS231/AB/R, DSR 2002:VIII, 3451 Panel Reports, European Communities Measures Prohibiting the Importation and Marketing of Seal Products, WT/DS400/R / WT/DS401/R and Add.1, circulated on 25 November 2013 Appellate Body Report, European Communities Conditions for the Granting of Tariff Preferences to Developing Countries, WT/DS246/AB/R, adopted 20 April 2004, DSR 2004:III, p. 925 Panel Report, European Communities Conditions for the Granting of Tariff Preferences to Developing Countries, WT/DS246/R, adopted 20 April 2004, as modified by Appellate Body Report WT/DS246/AB/R, DSR 2004:III, p Panel Report, Dominican Republic Safeguard Measures on Imports of Polypropylene Bags and Tubular Fabric, WT/DS415/R, WT/DS416/R, WT/DS417/R, WT/DS418/R, adopted 22 February 2012 Appellate Body Report, India Quantitative Restrictions on Imports of Agricultural, Textile and Industrial Products, WT/DS90/AB/R, adopted 22 September 1999, DSR 1999:IV, 1763 Panel Report, India Quantitative Restrictions on Imports of Agricultural, Textile and Industrial Products, WT/DS90/R, adopted 22 September 1999, upheld by Appellate Body Report WT/DS90/AB/R, DSR 1999:V, 1799

10 Japan Film Short Title Japan Semi-Conductors Korea Various Measures on Beef Korea Various Measures on Beef Full Case Title and Citation Panel Report, Japan Measures Affecting Consumer Photographic Film and Paper, WT/DS44/R, adopted 22 April 1998, DSR 1998:IV, 1179 GATT Panel Report, Japan Trade in Semi-Conductors, L/6309, adopted 4 May 1988, BISD 35S, p. 116 Appellate Body Report, Korea Measures Affecting Imports of Fresh, Chilled and Frozen Beef, WT/DS161/AB/R, WT/DS169/AB/R, adopted 10 January 2001, DSR 2001:I, 5 Panel Report, Korea Measures Affecting Imports of Fresh, Chilled and Frozen Beef, WT/DS161/R, WT/DS169/R, adopted 10 January 2001, as modified by Appellate Body Report WT/DS161/AB/R, WT/DS169/AB/R, DSR 2001:I, 59 Korea Alcoholic Beverages Appellate Body Report, Korea Taxes on Alcoholic Beverages, WT/DS75/AB/R, WT/DS84/AB/R, adopted 17 February 1999, DSR 1999:I, p. 3 Korea Alcoholic Beverages Panel Report, Korea Taxes on Alcoholic Beverages, WT/DS75/R, WT/DS84/R, adopted 17 February 1999, as modified by Appellate Body Report WT/DS75/AB/R, WT/DS84/AB/R, DSR 1999:I, p. 44 Thailand Cigarettes (Philippines) Thailand Cigarettes (Philippines) Turkey Textiles Turkey Textiles Appellate Body Report, Thailand Customs and Fiscal Measures on Cigarettes from the Philippines, WT/DS371/AB/R, adopted 15 July 2011, DSR 2011:IV, p Panel Report, Thailand Customs and Fiscal Measures on Cigarettes from the Philippines, WT/DS371/R, adopted 15 July 2011, as modified by Appellate Body Report WT/DS371/AB/R, DSR 2011:IV, p Appellate Body Report, Turkey Restrictions on Imports of Textile and Clothing Products, WT/DS34/AB/R, adopted 19 November 1999, DSR 1999:VI, 2345 Panel Report, Turkey Restrictions on Imports of Textile and Clothing Products, WT/DS34/R, adopted 19 November 1999, as modified by Appellate Body Report WT/DS34/AB/R, DSR 1999:VI, 2363 US 1916 Act Appellate Body Report, United States Anti-Dumping Act of 1916, WT/DS136/AB/R, WT/DS162/AB/R, adopted 26 September 2000, DSR 2000:X, p US 1916 Act (EC) US 1916 Act (Japan) Panel Report, United States Anti-Dumping Act of 1916, Complaint by the European Communities, WT/DS136/R and Corr.1, adopted 26 September 2000, upheld by Appellate Body Report WT/DS136/AB/R, WT/DS162/AB/R, DSR 2000:X, p Panel Report, United States Anti-Dumping Act of 1916, Complaint by Japan, WT/DS162/R and Add.1, adopted 26 September 2000, upheld by Appellate Body Report WT/DS136/AB/R, WT/DS162/AB/R, DSR 2000:X, p US Carbon Steel Appellate Body Report, United States Countervailing Duties on Certain Corrosion-Resistant Carbon Steel Flat Products from Germany, WT/DS213/AB/R and Corr.1, adopted 19 December 2002, DSR 2002:IX, p US Carbon Steel Panel Report, United States Countervailing Duties on Certain Corrosion-Resistant Carbon Steel Flat Products from Germany, WT/DS213/R and Corr.1, adopted 19 December 2002, as modified by Appellate Body Report WT/DS213/AB/R, DSR 2002:IX, p US Clove Cigarettes US Clove Cigarettes Appellate Body Report, United States Measures Affecting the Production and Sale of Clove Cigarettes, WT/DS406/AB/R, adopted 24 April 2012 Panel Report, United States Measures Affecting the Production and Sale of Clove Cigarettes, WT/DS406/R, adopted 24 April 2012, as modified by

11 Short Title US COOL US COOL US Continued Suspension Full Case Title and Citation Appellate Body Report WT/DS406/AB/R Appellate Body Reports, United States Certain Country of Origin Labelling (COOL) Requirements, WT/DS384/AB/R / WT/DS386/AB/R, adopted 23 July 2012 Panel Reports, United States Certain Country of Origin Labelling (COOL) Requirements, WT/DS384/R / WT/DS386/R, adopted 23 July 2012, as modified by Appellate Body Reports WT/DS384/AB/R / WT/DS386/AB/R Appellate Body Report, United States Continued Suspension of Obligations in the EC Hormones Dispute, WT/DS320/AB/R, adopted 14 November 2008, DSR 2008:X, 3507 US Continued Suspension Panel Report, United States Continued Suspension of Obligations in the EC Hormones Dispute, WT/DS320/R, adopted 14 November 2008, as modified by Appellate Body Report WT/DS320/AB/R, DSR 2008:XI, 3891-DSR 2008:XIII, 4913 US Continued Zeroing US Continued Zeroing US FSC US FSC US FSC (Article 21.5 EC) US FSC (Article 21.5 EC) US Gambling US Gambling US Gasoline US Gasoline US Large Civil Aircraft (2 nd complaint) Appellate Body Report, United States Continued Existence and Application of Zeroing Methodology, WT/DS350/AB/R, adopted 19 February 2009, DSR 2009:III, 1291 Panel Report, United States Continued Existence and Application of Zeroing Methodology, WT/DS350/R, adopted 19 February 2009, as modified as Appellate Body Report WT/DS350/AB/R, DSR 2009:III, DSR 2009:IV, 1619 Appellate Body Report, United States Tax Treatment for "Foreign Sales Corporations", WT/DS108/AB/R, adopted 20 March 2000, DSR 2000:III, p Panel Report, United States Tax Treatment for "Foreign Sales Corporations", WT/DS108/R, adopted 20 March 2000, as modified by Appellate Body Report WT/DS108/AB/R, DSR 2000:IV, p Appellate Body Report, United States Tax Treatment for "Foreign Sales Corporations" Recourse to Article 21.5 of the DSU by the European Communities, WT/DS108/AB/RW, adopted 29 January 2002, DSR 2002:I, p. 55 Panel Report, United States Tax Treatment for "Foreign Sales Corporations" Recourse to Article 21.5 of the DSU by the European Communities, WT/DS108/RW, adopted 29 January 2002, as modified by Appellate Body Report WT/DS108/AB/RW, DSR 2002:I, p. 119 Appellate Body Report, United States Measures Affecting the Cross-Border Supply of Gambling and Betting Services, WT/DS285/AB/R, adopted 20 April 2005, DSR 2005:XII, p (Corr.1, DSR 2006:XII, p. 5475) Panel Report, United States Measures Affecting the Cross-Border Supply of Gambling and Betting Services, WT/DS285/R, adopted 20 April 2005, as modified by Appellate Body Report WT/DS285/AB/R, DSR 2005:XII, p Appellate Body Report, United States Standards for Reformulated and Conventional Gasoline, WT/DS2/AB/R, adopted 20 May 1996, DSR 1996:I, 3 Panel Report, United States Standards for Reformulated and Conventional Gasoline, WT/DS2/R, adopted 20 May 1996, as modified by Appellate Body Report WT/DS2/AB/R, DSR 1996:I, 29 Appellate Body Report, United States Measures Affecting Trade in Large Civil Aircraft (Second Complaint), WT/DS353/AB/R, adopted 23 March 2012

12 Short Title US Large Civil Aircraft (2 nd complaint) US Oil Country Tubular Goods Sunset Reviews US Oil Country Tubular Goods Sunset Reviews US Section 211 Appropriations Act US Section 211 Appropriations Act Full Case Title and Citation Panel Report, United States Measures Affecting Trade in Large Civil Aircraft (Second Complaint), WT/DS353/R, adopted 23 March 2012, as modified by Appellate Body Report WT/DS353/AB/R Appellate Body Report, United States Sunset Reviews of Anti-Dumping Measures on Oil Country Tubular Goods from Argentina, WT/DS268/AB/R, adopted 17 December 2004, DSR 2004:VII, 3257 Panel Report, United States Sunset Reviews of Anti-Dumping Measures on Oil Country Tubular Goods from Argentina, WT/DS268/R and Corr.1, adopted 17 December 2004, as modified by Appellate Body Report W/DS/268/AB/R, DSR 2004:VIII, 3421 Appellate Body Report, United States Section 211 Omnibus Appropriations Act of 1998, WT/DS176/AB/R, adopted 1 February 2002, DSR 2002:II, 589 Panel Report, United States Section 211 Omnibus Appropriations Act of 1998, WT/DS176/R, adopted 1 February 2002, as modified by Appellate Body Report WT/DS176/AB/R, DSR 2002:II, 683 US Section 301 Trade Act Panel Report, United States Sections of the Trade Act of 1974, WT/DS152/R, adopted 27 January 2000, DSR 2000:II, p. 815 US Shrimp US Shrimp Appellate Body Report, United States Import Prohibition of Certain Shrimp and Shrimp Products, WT/DS58/AB/R, adopted 6 November 1998, DSR 1998:VII, 2755 Panel Report, United States Import Prohibition of Certain Shrimp and Shrimp Products, WT/DS58/R and Corr.1, adopted 6 November 1998, as modified by Appellate Body Report WT/DS58/AB/R, DSR 1998:VII, 2821 US Softwood Lumber IV Appellate Body Report, United States Final Countervailing Duty Determination with Respect to Certain Softwood Lumber from Canada, WT/DS257/AB/R, adopted 17 February 2004, DSR 2004:II, p. 571 US Softwood Lumber IV US Stainless Steel (Mexico) US Stainless Steel (Mexico) US Tuna II (Mexico) Panel Report, United States Final Countervailing Duty Determination with Respect to Certain Softwood Lumber from Canada, WT/DS257/R and Corr.1, adopted 17 February 2004, as modified by Appellate Body Report WT/DS257/AB/R, DSR 2004:II, p. 641 Appellate Body Report, United States Final Anti-Dumping Measures on Stainless Steel from Mexico, WT/DS344/AB/R, adopted 20 May 2008, DSR 2008:II, 513 Panel Report, United States Final Anti-Dumping Measures on Stainless Steel from Mexico, WT/DS344/R, adopted 20 May 2008, as modified by Appellate Body Report WT/DS344/AB/R, DSR 2008:II, 599 Appellate Body Report, United States Measures Concerning the Importation, Marketing and Sale of Tuna and Tuna Products, WT/DS381/AB/R, adopted 13 June 2012 US Tuna II (Mexico) Panel Report, United States Measures Concerning the Importation, Marketing and Sale of Tuna and Tuna Products, WT/DS381/R, adopted 13 June 2012, as modified by Appellate Body Report WT/DS381/AB/R US Tyres (China) US Tyres (China) Appellate Body Report, United States Measures Affecting Imports of Certain Passenger Vehicle and Light Truck Tyres from China, WT/DS399/AB/R, adopted 5 October 2011, DSR 2011:IX, p Panel Report, United States Measures Affecting Imports of Certain Passenger Vehicle and Light Truck Tyres from China, WT/DS399/R, adopted 5 October 2011, upheld by Appellate Body Report WT/DS399/AB/R, DSR 2011:IX, p. 4945

13 Short Title US Wool Shirts and Blouses US Wool Shirts and Blouses Full Case Title and Citation Appellate Body Report, United States Measure Affecting Imports of Woven Wool Shirts and Blouses from India, WT/DS33/AB/R, adopted 23 May 1997, and Corr.1, DSR 1997:I, p. 323 Panel Report, United States Measure Affecting Imports of Woven Wool Shirts and Blouses from India, WT/DS33/R, adopted 23 May 1997, upheld by Appellate Body Report WT/DS33/AB/R, DSR 1997:I, p. 343

14 TABLE SHOWING THE SHORT TITLES OF FREQUENTLY CITED MEASURES, EVIDENCE, AND OTHER INSTRUMENTS REFERRED TO IN THESE REPORTS Short Title 2008 Export Licence Administration Measures 2010 Amendment of Measures for Administration of Licensing Entities 2012 Application Qualifications and Application Procedures for Molybdenum Export Quota 2012 Application Qualifications and Application Procedures of Tungsten Export (or Supply) Enterprises 2012 Application Qualifications and Procedures for Rare Earth Export Quotas 2012 Circular on Admission to Rare Earth Industry Full Title Measures for the Administration of Licence for the Export of Goods (Order of the Ministry of Commerce (2008) No. 11, promulgated on 7 June 2008, effective on 1 July 2008) (No Chinese Exhibit, Exhibit JE-51) 2010 Decision of the Ministry of Commerce on Amending the Measures for the Administration of the Organs for Issuing the Licenses of Import and Export Commodities (Order (2010) No. 3, promulgated by MOFCOM on 12 September 2010) (No Chinese Exhibit, Exhibit JE-53) Public Notice on 2012 Application Qualifications and Application Procedures for Indium, Molybdenum and Tin Export Quota, Notice (2011) No. 79, promulgated by MOFCOM on 11 November 2011 (Exhibits CHN-107, JE-63) Public Notice on 2012 Application Qualifications and Application Procedures of the Tungsten, Antimony and Silver State Trading Export Enterprises, and Tungsten and Antimony Export Supply Enterprises, Notice (2011) No. 80, promulgated by MOFCOM on 11 November 2011 (Exhibits CHN-100, JE-62) Public Notice on 2012 Application Qualifications and Application Procedures for Rare Earth Export Quota, Notice (2011) No. 77, promulgated by MOFCOM on 11 November 2011 (Exhibits CHN-38, JE-61) 2012 Circular on Admission to Rare Earth Industry (Ministry of Industry and Information Technology, (2012) No. 33, 26 July 2012) (Exhibit CHN-16, No Joint Exhibit) 2012 Export Licensing Catalogue Notice on "2012 Export Licensing Management Commodities List" (Ministry of Commerce and General Administration of Customs, Notice (2011) No. 98, promulgated on 30 December 2011, effective on 1 January 2012) (Exhibits CHN-8, JE-48) 2012 Export Quota Amounts Notice Regarding 2012 Export Quota Amounts for Agricultural and Industrial Products (Ministry of Commerce, Notice (2011) No. 71, promulgated on 31 October 2011, effective on 1 January 2012) (Exhibits CHN-97, JE-58) 2012 First Batch Export Quotas of Tungsten, Antimony and Other Non- Ferrous Metals 2012 First Batch of the Directive Production Plan of Rare Earths 2012 First Batch Rare Earth Export Quotas 2012 First Batch Rare Earth Export Quotas (Supplement) Notice Regarding the 2012 List of Export (Supply) Enterprises and First Batch Export Quotas of Tungsten, Antimony and Other Nonferrous Metals (Ministry of Commerce, shangmaohan, (2011) No. 1131, 26 December 2011) (Exhibits CHN-99, JE-59) Circular on Distributing the First Batch of the Directive Production Plan of Rare Earth for 2012 (Ministry of Industry and Information Technology, gongxinbuyuan (2012) No.17, 13 January 2012) (Exhibit CHN-22, No Joint Exhibit) Notice Regarding the 2012 List of Rare Earth Export Enterprises and First Batch of Rare Earth Export Quotas (Ministry of Commerce, shangmaohan, (2011) No. 1133, 27 December 2011) (Exhibits CHN-56, JE-55) Notice Regarding the Supplement to the 2012 First Batch of Rare Earth Export Quotas (Ministry of Commerce, shangmaopi, (2012) No. 618, 16 May 2012) (Exhibits CHN-57, JE-56)

15 Short Title 2012 List of Enterprises for the Export (or/and Supply) of Tungsten, and List of Enterprises for the Export of Molybdenum 2012 List of Enterprises for the Export of Rare Earths 2012 Second Batch Export Quotas of Tungsten, Antimony and Other Non- Ferrous Metals 2012 Second Batch of the Directive Production Plan of Rare Earths 2012 Second Batch Rare Earth Export Quotas 2012 Tariff Implementation Plan (General Administration of Customs) 2012 Tariff Implementation Program (Customs Tariff Commission) 2012 Total Extraction Controlling Quota of Tungsten, Antimony and Rare Earth Ores 2012 Total Extraction Quotas of Tungsten, Antimony and Rare Earth Ores for 2012 (First Batch) Administration Measures of the Export Operations of Tungsten and Tungsten Products Administration of Directive Production Plan of Rare Earths Administration of Exploration and Mining of the Specified Minerals Administration of Registration of Mining of Mineral Resources Full Title Notice Publishing the List of the State Trading Export Enterprises of Tungsten, Antimony and Silver, the Enterprises Exporting and Supplying Tungsten and Antimony, and the Enterprises Qualified to Apply for the Export Quotas for Indium and Molybdenum in 2012, (Ministry of Commerce, 14 December 2011) (Exhibits CHN-98, JE-65) Notice Publishing the List of Enterprises Applying for the Export Quota for the Rare Earth and Coke in 2012 (Ministry of Commerce, 14 December 2011) (Exhibits CHN-55, JE-66) Notice on Distributing the 2012 Second Batch Export Quotas of Tungsten, Antimony and Other Nonferrous Metals (Ministry of Commerce, shangmaohan, (2012) No. 513, 19 July 2012) (Exhibits CHN-165, JE-60) Circular on Distributing the Second Batch of the Directive Production Plan of Rare Earth for 2012 (Ministry of Industry and Information Technology, gongxinbuyuan (2012) No.269, 8 June 2012) (Exhibit CHN-23, No Joint Exhibit) Notice on Distributing the 2012 Second Batch of Rare Earth Export Quotas (Ministry of Commerce, shangmaohan, (2012) No. 627, 16 August 2012) (Exhibits CHN-58, JE-57) Circular of the General Administration of Customs on the 2012 Tariff Implementation Plan (2011) No. 79, promulgated on 23 December 2011, effective on 1 January 2012 (No Chinese Exhibit, Exhibit JE-47) Notice Regarding the 2012 Tariff Implementation Program (State Council Customs Tariff Commission, shuiweihui (2011) No. 27, promulgated on 9 December 2011, effective on 1 January 2012) (No Chinese Exhibit, Exhibit JE-45) Circular on Total Extraction Controlling Quota of Tungsten, Antimony and Rare Earth Ore for 2012 (Ministry of Land and Resources, guotuzifa (2012) No. 228, 19 April 2012) (Exhibit CHN-19, No Joint Exhibit) Circular on Total Extraction Quotas of Tungsten, Antimony and Rare Earth Ore for 2012 (the First Batch) (Ministry of Land and Resources, guotuzifa (2011) No. 227) (Exhibit CHN-20, No Joint Exhibit) Provisional Measures on Administration of the Export Operations of Tungsten and Tungsten Products and of Antimony and Antimony Products (Ministry of Foreign Trade and Economic Cooperation, waijingmaoguanfa (2000) No. 649, promulgated on 4 December 2000) (Exhibit CHN-101, No Joint Exhibit) Provisional Measures on the Administration of the Directive Production Plan of Rare Earth (Ministry of Industry and Information Technology, gongxinbuyuan (2012) No. 285, 13 June 2012) (Exhibit CHN-21, No Joint Exhibit) Provisional Measures for the Administration of Exploration and Mining of the Specified Minerals of which the Protective Mining is Prescribed (guotuzifa (2009) No. 165, Promulgated by the Ministry of Land and Resources on 24 November 2009) (Exhibit CHN-18, No Joint Exhibit) Measures for the Administration of Registration of Mining of Mineral Resources (Promulgated by the State Council on 12 February 1998, Order 241) (Exhibit CHN-15, No Joint Exhibit)

16 Short Title Administration of the Quota for the Minerals Subject to the Total Extraction Quantity Control Amendment of the Provisional Regulations on Resource Tax Circular on Adjusting the Applicable Tax Rate of Resource Tax for Tin and Other Ores Circular on Environmental Protection Inspection of Rare Earth Industry Circular on Environmental Protection Inspection of Tungsten and Molybdenum Enterprises Circular on Establishing Team of Mining Zone Assistant Administrators for Ore Districts of Rare Earths and Other Materials Full Title Notice on Printing and Distributing the Provisional Measures on the Administration of the Quota for the Minerals Subject to the Total Extraction Quantity Control (Ministry of Land and Resources guotuzifa (2012) No. 44, 2 March 2012) (Exhibit CHN-43, No Joint Exhibit) Decision of the State Council to Amend the Provisional Regulations of the People's Republic of China on Resource Tax (State Council (2011) No. 605), 30 September 2011) (Exhibit CHN-26, No Joint Exhibit) Circular on Adjusting the Applicable Tax Rate of Resource Tax for Tin and Other Ores (Ministry of Finance and the State Administration on Taxation caishui (2012) No. 2, 1 February 2012) (Exhibit CHN-112, No Joint Exhibit) Circular on Environmental Protection Inspection of Rare Earth Industry (Ministry of Environmental Protection, (2011) No. 362, 6 April 2011) (Exhibit CHN-33, No Joint Exhibit) Circular on Environmental Protection Inspection of Tungsten and Molybdenum Enterprises (General Office of Ministry of Environmental Protection, huanbaohan (2013) No. 442, 24 April 2013) (Exhibit CHN-217, No Joint Exhibit) Circular on Establishing Team of Mining Zone Assistant Administrators for Ore Districts of Rare Earths and Other Materials (General Office of Ministry of Land and Resources, guotuzitinghan (2010) No.52, 27 July 2010) (Exhibit CHN-85, No Joint Exhibit) Circular on Listing Tungsten, Tin, Antimony and Ionic Rare Earth Minerals as Specified Minerals under National Protective Mining Circular on Overall Rectification and Standardization of Mineral Resources Development Order Conditions for Admission to the Molybdenum Industry Conditions for Admission to Tungsten Industry Customs Law Declaration On the Setting Of 2012 Export Quotas on Rare Earth Products Developments in Rare Earth-Using Industries Emission Standards of Pollutants from Rare Earths Industry Circular of the State Council on Listing Tungsten, Tin, Antimony and Ionic Rare Earth Minerals as Specified Minerals under National Protective Mining, guofa (1991) No. 5 (State Council, 15 January 1991) (Exhibits CHN-12, JE-72) Circular on Overall Rectification and Standardization of Mineral Resources Development Order (State Council, guofa (2005) No. 28), 18 August 2005) (Exhibit CHN-215, No Joint Exhibit) Conditions for Admission to the Molybdenum Industry (Ministry of Industry and Information Technology Announcement (2010) No. 30, 17 July 2010) (Exhibit CHN-108, No Joint Exhibit) Circular on Conditions for Admission to Tungsten Industry (National Development and Reform Commission (2006) No. 94, 22 December 2006) (Exhibit CHN-93, No Joint Exhibit) Customs Law of the People's Republic of China (adopted at the 19th Meeting of the Standing Committee of the Sixth National People's Congress on 22 January 1987, amended 8 July 2000) (No Chinese Exhibit, Exhibit JE-54) Declaration On the Setting Of 2012 Export Quotas on Rare Earth Products (Zhang Chenyang, Ministry of Commerce, 14 December 2012) (Exhibit CHN-63, No Joint Exhibit) Dr David Humphreys (Report) Developments in Rare Earth-Using Industries. April 2013 (CHN-163, No Joint Exhibit) Emission Standards of Pollutants from Rare Earths Industry (Ministry of Environmental Protection, GB , 24 January 2011) (Exhibit CHN-31, No Joint Exhibit)

17 Short Title Explanation for the Compilation of Emission Standards of Pollutants from Rare Earths Industry (Draft for Comments) Export Duties as a Means to Address Environmental Externalities Export Quota Administration Measures First Batch of the 2012 Directive Production Plan of Rare Metals Foreign Trade Law Foreign Trade Law (1994 Version) Guidance for Enhancing the Management of Raw Materials Industries Guideline on Gradual Establishment of Responsibility System for Mine Environmental Management and Ecological Recovery Guiding Opinions of Jiangxi Province on the Development of the Rare Earth Industry Implementation Rules for the Provisional Regulations on Resource Tax Inclusion of VAT Invoices Issued by Rare Earth Enterprises into "VAT Anti-Fake System" Inner Mongolia Autonomous Region "Twelfth Five Year" High-Tech Industries Development Plan Measures Limiting the Export of Certain of High-Energy-Consuming, High-Polluting and Resource-Related Products Full Title Explanation for the Compilation of "Emission Standards of Pollutants from Rare Earths Industry" (Draft for Comments) June 2009 (No Chinese Exhibit, Exhibit JE-99) Professor Gene M. Grossman: Export Duties as a Means to Address Environmental Externalities ( No Chinese Exhibit, JE-136) Measures for the Administration of Export Commodities Quotas (Order of the Ministry of Foreign Trade and Economic Cooperation (2011) No. 12, adopted at the 9th ministerial office meeting of the Ministry of Foreign Trade and Economic Cooperation of 2001, effective on 1 January 2002) (Exhibits CHN-96, JE-52) Circular on Distributing the First Batch of the 2012 Directive Production Plan of Rare Metals (Ministry of Industry and Information Technology, gongxinbuyuan (2012) No. 19, 13 January 2012) (Exhibit CHN-94, No Joint Exhibit) Foreign Trade Law of the People's Republic of China (adopted at the 7th Session of the Standing Committee of the Eighth National People's Congress on 12 May 1994, and amended at the 8th Session of the Standing Committee of the Tenth National People's Congress on 6 April 2004, effective on 1 July 2004) (Exhibits CHN- 11, JE-49) Original Version of the Foreign Trade Law of the People's Republic of China, (Adopted at the 7th Session of the Standing Committee of the Eighth National People's Congress and Promulgated on 12 May 1994) (Exhibit CHN-61, No Joint Exhibit) Guidance for Enhancing the Management of Raw Materials Industries (Ministry of Industry and Information Technology (2009) No. 294) (No Chinese Exhibit, Exhibit JE-12) Guideline on Gradual Establishment of Responsibility System for Mine Environmental Management and Ecological Recovery (Ministry of Finance, Ministry of Land and Resources and State Environmental Protection Administration, caijian (2006) No. 215, 10 February 2006) (Exhibit CHN-216, No Joint Exhibit) Guiding Opinions of Jiangxi Province on the Development of the Rare Earth Industry (2007) (The Office of the Development and Reform Commission of Jiangxi, ganfagaigongyezi (2007) No.32, 15 January 2007) (No Chinese Exhibit, Exhibit JE-18) Detailed Rules for the Implementation of the Provisional Regulations of the People's Republic of China on Resource Tax, (Ministry of Finance No. 66, 28 October 2011) (Exhibit CHN-27, No Joint Exhibit) Public Notice on Inclusion of VAT Invoices Issued by Rare Earth Enterprises into "VAT Anti-Fake System", (State Administration of Taxation (2012) No. 17, 16 May 2012) (Exhibit CHN-45, No Joint Exhibit) Inner Mongolia Autonomous Region "Twelfth Five Year" High-Tech Industries Development Plan (Promulgated by the Development and Reform Commission of Inner Mongolia Autonomous Region, 13 December 2011) (No Chinese Exhibit, Exhibit JE-29) Circular on Measures Limiting the Export of Certain of High- Energy-Consuming, High-Polluting and Resource-Related Products (National Development and Reform Commission, fagaijingmao(2005) No.2595, 9 December 2005) (Exhibit CHN-62, No Joint Exhibit)

18 Short Title Mineral Resources Law Monthly Reporting of the Implementation of the Rare Earths Extraction Controlling Quota Notice on Adjusting the Tax Refund Rates (2006) Notice on Adjusting the VAT Refund of Certain Products (2005) Notice on Issuing "Export Catalogue of High and New Technology Products" Notice on Issuing "Management of Special Fund for Rare Earth Industry Adjustment and Improvement" Notices Ordering Enterprises Producing Over Quota to Cease Production Opinions on Enhancing the Ecological Protection and Restoration of Mines Opinions on the Rectification of Metal Mines and Non-Metal Mines according to Law Preferential Policies Encouraging Investments for Fujian (Longyan) Rare Earth Industrial Zone Program of the Rectification of Metal and Non-metal Mines in Hebei Province "Rare Earth Elements: A Review of Production, Processing, Recycling, and Associated Environmental Issues" Rare Earth Elements Full Title Mineral Resources Law of the People's Republic of China, Order No. 74 of the President of the People's Republic of China, promulgated by the National People's Congress Standing Committee on 29 August 1996 (Exhibit CHN-10, No Joint Exhibit) Notice on Monthly Reporting of the Implementation of the Rare Earths Extraction Controlling Quota (General Office of Ministry of Land and Resources, guotuzitinghan (2011) No. 791, 2 September 2011) (Exhibit CHN-44, No Joint Exhibit) Notice on Adjusting the Tax Refund Rates of Certain Commodities and Supplementing the Catalogue of Prohibited Commodities in Processing Trade, caishui (2006) No.139 (Ministry of Finance, National Development and Reform Commission, Ministry of Commerce, General Administration of Customs, State Administration of Taxation ) (No Chinese Exhibit, Exhibit JE-75) Notice on Adjusting the VAT Refund of Certain Products (Department of Finance and the State Administration of Taxation, caishui (2005) No.75, 29 April 2005) (No Chinese Exhibit, Exhibit JE-83) Notice on Issuing "Export Catalogue of High and New Technology Products" (Ministry of Science and Technology, Ministry of Finance, and State Administration of Taxation, guokefajizi (2000) No. 328 (No Chinese Exhibit, Exhibit JE-155) Notice on Issuing "Management of Special Fund for Rare Earth Industry Adjustment and Improvement" (Ministry of Industry and Information Technology, Ministry of Finance, caiqi (2012) No. 375, 9 November 2012) (Exhibits CHN-212, JE-114) 15 Notices Ordering Enterprises Producing Over Quota to Cease Production (Commission of Industry and Information Technology of Jiangxi Province) (Exhibit CHN-113, No Joint Exhibit) Opinions on Enhancing the Ecological Protection and Restoration of Mines (Ministry of Environmental Protection, huanfa (2011) No. 48, 20 April 2011) (Exhibit CHN-32, No Joint Exhibit) Circular on Forwarding the "Opinions on the Rectification of Metal Mines and Non-Metal Mines according to Law" Proposed by the State Administration of Work Safety and other Departments (General Office of State Council, guofaban (2012) No. 54, 4 November 2013) (Exhibit CHN-218, No Joint Exhibit) Notice Regarding the Preferential Policies Encouraging Investments for Fujian (Longyan) Rare Earth Industrial Zone, longzhengzo (2010) No. 388, 27 September 2010 (No Chinese Exhibit, Exhibit JE-152) Circular on Issuing the Program of the Rectification of Metal and Non-metal Mines in Hebei Province (General Office of the People's Government of Hebei Province, banzi (2012) No. 138, 26 December 2012) (Exhibit CHN-220, No Joint Exhibit) Environmental Protection Agency (EPA), "Rare Earth Elements: A Review of Production, Processing, Recycling, and Associated Environmental Issues", August 2012 (Exhibit CHN 72, No Joint Exhibit). Roderick G. Eggert: Rare Earth Elements, 25 April 2013 (No Chinese Exhibit, JE-129,)