WORLD TRADE
ORGANIZATIONG/AG/W/59
15 September 2003
(03-4952)
Committee on Agriculture Original:  English
CHINA'S TRANSITIONAL REVIEW MECHANISM
Questions to China from the United States in the context of the Transitional Review Mechanism under
Paragraph 18 of the Protocol of Accession of the People's Republic of China
The following communication, dated 12 September 2003, has been received from the
Permanent Mission of the United States, with the re quest that it be circulated to Members, for the
purposes of the Transitional Review to take place at the Committee's meeting on 25 September 2003.
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Questions related to trade in soybeans
1. In August of this year, China's State Administration for Quality Supervision, Inspection and
Quarantine (AQSIQ) announced plans to suspend soybean imports from four US companies, as wellas companies from Argentina and Brazil. This action is based on detections of Phytophthora sojae in
shipments of soybeans beginning in the Spring of this year.  The United States does not agree that
AQSIQ has identified a valid scientific basis for threatening the blanket suspension of shipments by
the US companies in question. The ubiquitous presence of phytophthora sojae in soybeans makes the
threatened action all the more questionable.
(a) China allegedly discovered Phytophtho ra sojae in soybean shipments from the
companies in question in the Spring of 2003 but did not make its announcement until
August 2003.  Please explain why China delayed the announcement of its plans for a
suspension of soybean shipments from these companies for so long.
(b) What was the purpose of announcing plans for a suspension of shipments without
setting a date on which the suspension would become effective?
(c) Has China conducted a risk assessment in accordance with the requirements of the
Agreement on Sanitary and Phytosanitary Measures (SPS Agreement)?  If so, please
explain the results of that assessment in detail.
(d) Please explain how suspending shipments of soybeans from the companies in
question would address the identified risk.
(e) The United States understands that China claims that Phytophthora sojae is a
controlled contagion.  However, Phytophthora sojae is ubiquitous in China and many
other parts of the world.  Please explain how China is ensuring, consistent with its
obligations under the SPS Agreement, that any measures addressing Phytophthora
sojae are not arbitrarily or unjustifiably discriminating between Members where
identical or similar conditions prevail, including between China’s own territory andthat of other Members.
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