China announced to the WTO Secretariat on 17 April 2014 its decision to appeal certain issues of law and legal interpretation in the panel report in the case “China – Measures related to the exportation of Rare Earths, Tungsten and Molybdenum” (WT/DS431). The panel report was appealed by the United States in a notification dated 8 April 2014.

The WTO Secretariat also received on 17 April 2014 a communication by the United States notifying its decision toappeal to the Appellate Body certain issues of law covered in the panel report in the case “United States – Countervailing and Anti-Dumping Measures on Certain Products from China” (WT/DS449/R) and certain legal interpretations developed by the panel in this dispute. The panel report was appealed by China on 8 April 2014.

Further information is available in documents WT/DS449/7 and WT/DS431/10.

Parties to a dispute can appeal a panel’s ruling. Appeals have to be based on points of law, such as legal interpretation – they cannot re-open factual findings made by the panel. Each appeal is heard by three members of a permanent seven-member Appellate Body comprising persons of recognized authority and unaffiliated with any government. The Appellate Body membership broadly represents the geographic range of WTO membership, with each member appointed for a fixed term. Generally, the Appellate Body has up to 3 months to conclude its report.