WT/DS217/83  
 
25 September  2023 
(23-6362) Page: 1/1 
  Original: English  
 
UNITED STATES – CONTINUED DUMPING AND  
SUBSIDY OFFSET ACT OF 2000  
COMMUNICATION FROM JAPAN  
The following communication, dated 22 September 2023 , was received from the delegation of Japan  
with the request that it be circulated to the Dispute Settlement Body (DSB).  
 
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On 26 November, 2004, the Dispute Settlement Body ("DSB") granted authorisation to Japan to 
suspend concessions and related obligations under 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/AR B/JPN). The authorisation was made 
pursuant to Japan 's request made under Article 22.7 of the Understanding on Rules and Procedu res 
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 duties 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 obligations 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 Septembe r, 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, 2011 
(WT/DS217/60 ), the eight h year starting from 1 September, 2012 (WT/DS217/62), and the ninth 
year starting from 1 September, 2013 (WT/DS217/64).  
Japan notified that no suspension of concessions or other obligations in the form of the imposition 
of additional 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), the fourteenth year (WT/DS217/74), the fifteenth year (WTO/DS217/76), the 
sixteenth year (WT/DS217/78), the seventeenth year (WT/DS217/79), and the eighteenth year 
(WT/DS217/82) while Japan would retain its rights under Article 22.7 of the DSU as long as an 
undisbursed amount remains and the United States executes another round of disbursements to its 
domest ic companies under the Continued Dumping and Subsidy Offset Act of 2000 (CDSOA).  
Japan acknowledges the amount of relevant disbursements to US companies which was identified in 
the CDSOA Annual Report for Fiscal Year 2022, published by US Customs and Bord er Protection 
(CBP). However, considering the marginal amount of disbursement, Japan continues its 
non-application of the suspension of concessions or other obligations in the form of the imposition 
of additional duties. For the reason explained above with  regard to the possibility of execution by 
the United States of another round of disbursements to its domestic companies under the CDSOA, 
Japan retains its rights under Article 22.7 of the DSU. Further , Japan 's decision not to suspend 
concessions and relat ed obligations does not mean in any sense that Japan accepts the contention 
of the United States that its measure 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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