The following article by Cyndee Todgham Cherniak appeared in the Trade Lawyers Blog here. 

On January 5, 2010, Canada’s Minister of International Trade announced that Canada has officially joined the WTO dispute filed by the EU, the US and Mexico against China in respect of export restraints in respect of raw materials, such as bauxite, coke, fluorspar, magnesium, manganese, silicon carbide, silicon metal, yellow phosphorus and zinc. Canada will participate as a third party in a World Trade Organization panel on China’s export restrictions on certain raw materials. The panel was established at the request of the United States, the European Union and Mexico on December 21, 2009. At this point, there are 12 other confirmed third-party participants in the WTO panel, namely Argentina, Brazil, Chile, Colombia, Ecuador, India, Japan, Republic of Korea, Mexico, Norway, Chinese Taipei and Turkey.

Please click here for the announcement.

Canada’s participation does not come as a surprise to those who watch WTO matters. Canada is a significant exporter of resources and user of imported raw materials and, therefore, has a significant interest in the proceedings. The Chinese measures have caused uncertainty for Canadian producers.

As a third party, Canada will have the opportunity to present its views to the WTO panel and to make written submissions that will be reflected in the panel report. The Government of Canada will continue to work with industry to ensure Canadian interests are fully taken into account. However, Canada will not be entitled to file an appeal to the Appellate Body should it disagree with any portion of the DSB Panel’s ultimate decision.