INTRODUCTION

On 20 September 2011, the United States requested consultations with China pursuant to Articles 1 and 4 of the Understanding on Rules and Procedures Governing the Settlement of Disputes (“DSU”), Article XXIII:1 of the General Agreement on Tariffs and Trade of 1994 (the “GATT 1994”), Article 30 of the Agreement on Subsidies and Countervailing Measures (the “SCM Agreement”) (to the extent that Article 30 incorporates Article XXIII of the GATT 1994), and Article 17.3 of the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 (the “Anti- Dumping Agreement”) with respect to China's measures imposing anti-dumping duties and countervailing duties on broiler products from the United States, as set forth in Ministry of Commerce of the People's Republic of China (“MOFCOM”) Notice No. 8 [2010], Notice No. 26 [2010], Notice No. 51 [2010], and Notice No. 52 [2010], including any and all annexes. Pursuant to this request, the United States and China held consultations on 28 October 2011. The consultations failed to resolve the dispute.

On 8 December 2011, the United States requested, pursuant to Article 6 of the DSU, Article 17.4 of the Anti-Dumping Agreement, and Article 30 of the SCM Agreement, that the Dispute Settlement Body (“DSB”) establish a panel to examine this matter.

At its meeting on 20 January 2012, the DSB established a panel pursuant to the request of the United States in document WT/DS427/2, in accordance with Article 6 of the DSU.

The Panel's terms of reference are the following: