WT/DS217/7 6 
 
20 August 2019  
(19-5361) Page: 1/1 
  Original: English  
 
UNITED STATES – CONTINUED DUMPING AND  
SUBSIDY OFFSET ACT OF 2000  
COMMUNICATION FROM JAPAN  
The f ollowing communication, dated 15 August  2019, from the del egation of Japan  to the 
Chairperson of the Dispute Settlement Body, is circulated at the request of that delegation.  
 
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On 26 November 2004, the Dispute Settlement Body ("DSB") granted authorization to Japan to 
suspend concessions and related obligations u nder the General Agreement on Tariffs and Trade 1994  
("GATT 1994") in accordance with the decision of the Arbitrator in United States – Continued 
Dumping and Subsidy Offset Act of 2000 (WT/DS217/ARB/JPN).  The authorization was made 
pursuant to Japan 's request made under Article 22.7 of the Understanding on Rules and Procedures 
Governing the Settlement of Disputes  ("DSU") (WT/DS217/24).  In that request, Japan undertook 
to notify the DSB every year of the list indicating the level of additional import dutie s on the selected 
products, prior to the entry into force of a level of suspension of concessions or other obligations.  
 
On 18 August 2005, Japan notified the DSB that it was suspending, as of 1 September 2005, the 
applications of concessions and related o bligations under GATT 1994 on imports of certain products 
originating in the United States (WT/DS217/48). Japan was extending the suspension of concessions 
for the second year starting from 1 September 2006 (WT/DS217/50), the third year starting from 
1 September 2007 (WT/DS217/52), the fourth year starting from 1 September 2008  
(WT/DS217/54), the fifth year starting from 1 September 2009 (WT/DS217/56), the sixth year 
starting from 1 September 2010 (WT/DS217/58), the seventh year starting from 1 September 20 11 
(WT/DS217/60), the eighth year starting from 1 September 2012 (WT/DS217/62) and the ninth  
year starting from 1 September 2013 (WT/DS217/64). Japan notified the DSB that no suspension 
of concessions or other obligations in the form of the imposition of a dditional import duties would be 
applied by Japan for the tenth year (WT/DS217/66), the eleventh year (WT/DS217/68), the twelfth 
year (WT/DS217/70), the thirteenth year (WT/DS217/72) and the fourteenth year (WT/DS217/74), 
while it would retain its rights u nder Article 22.7 of the DSU as long as an undisbursed amount 
remains and the United States executes another round of disbursements to its domestic companies 
under the Continued Dumping and Subsidy Offset Act of 2000 (CDSOA).  
 
Japan acknowledges the amoun t of relevant disbursements to US companies which was identified in 
the CDSOA Annual Report for Fiscal Year 2018, published by US Customs and Border Protection. 
However, considering the marginal amount of disbursement, Japan continues its non -application o f 
the suspension of concessions or other obligations in the form of the imposition of additional import 
duties. For the reason explained above with regard to the possibility of execution by the 
United  States of another round of disbursements to its domesti c companies under the CDSOA, Japan 
retains its rights under Article 22.7 of the DSU. Further, Japan 's decision not to suspend concessions 
and related obligations does not mean in any sense that Japan accepts the contention of the 
United  States that its mea sure found to be inconsistent with the covered agreements has been 
removed within the meaning of Article 22.8 of the DSU.  
 
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