WT/DS543/1/Add.3  
G/L/1219/Add.3  
 
20 September  2018 
(18-5818) Page: 1/2 
  Original: English  
 
UNITED STATES – TARI FF MEASURES ON CERTA IN GOODS FROM CHINA  
REQUEST FOR CONSULTA TIONS BY CHINA  
Addendum  
The following communication, dated 18 September 2018, from the delegation of China  to the 
delegation of the United States , is circulated to the Dispute Settlement Body in accordance with 
Article 4.4 of the DSU.  
 
_______________  
 
 
My authorities have instructed me to request consultations with the Government of the United States 
pursuant to Article 4 of the Understanding on R ules and Procedures Governing the Settlement of 
Disputes (DSU), Article XXII I of the General Agreement on Tariffs and Trade 1994  (GATT 1994 ) 
concerning the finalized tariffs measures that the United States accords to certain goods with the 
estimated trade value of approximately $ 200 billion originating from China.  This addendum 
supplements and does not replace China 's request for consultations dated 4 April 20181, the 
supplemental request for consultations dated 6 July 20182 and the supplemental request for 
consultations dated 16 July 20183. 
Subsequent to the  above mentioned request for consultations  and supplemental requests for 
consultations,  the United States  published  a list of products of Chinese origin4 on 17 September  
2018, as identified in the final tariff list attached to the announcement USTR  Finalizes Tariffs on 
$200 Billion of Chinese Imports in Response to China 's Unfair Trade Practice5, that an additional ad 
valorem duty of 10 percent is to be imposed on  starting 24 September, 2018 and the level of the 
additional ad valorem duty will increase to 25 percent starting 1 January, 2019 . The above 
mentioned duties of 10% and 25% are to be only applied to China 's products and in excess of the 
United States 's bou nd rates in its Schedule of Concessions and Commitments annexed to the 
GATT  1994.  
The legal documents through which the United States implements this tariff measures include : 
1. Section 301 -310 of the Trade Act of 1974, as amended (19 U.S.C., paragraphs 2411 -2420).  
2. Findings of the investigation into China 's acts, policies and practices related to technology 
transfer, intellectual property and innovation under Section 301 of the Trade Act of 1974.6  
3. Actions by the United States Related to the Section 301 Inves tigation of China 's Laws, 
Policies, Practices, or Actions Related to Technology Transfer, Intellectual Property, and 
Innovation.7 
                                                
1 The request for consultations was circulated on 5 April 2018 in document WT/DS 543/1, G/L/ 1219. 
2 The supplemental request for consultations was circulated on 9 July 2018 in document 
WT/DS 543/1/Add.1 , G/L/ 1219/Add.1 . 
3 The supplemental request for consultations was circulated on 17 July 2018 in document 
WT/DS 543/1/Add.2 , G/L/ 1219/Add.2 . 
4 https://ustr.gov/sites/default/files/enforcement/301Investigations /Tariff%20List_09.17.18.pdf   
5 See https://ustr.gov/about -us/policy -offices/press -office/press -releases/2018/september /ustr -
finalizes -tariffs -200  
6 See https://ustr.gov/sites/default/files/Section%20301%20FINAL.PDF   
7 See https://www .whitehouse.gov/presidential -actions /presidential -memorandum -actions -united -
states -related -section -301-investigation/   WT/DS543/1/Add. 3 • G/L/1219/Add. 3 
 
- 2 - 
 
  4. Notice of Determination and Request for Public Comment Concerning Proposed 
Determination of Action Pursuant to Section 301: Ch ina's Acts, Policies, and Practices 
Related to Technology Transfer, Intellectual Property, and Innovation .8 
5. Request for Comments Concerning Proposed Modification of Action Pursuant to Section 
301: China 's Acts, Policies, and Practices Related to Technology  Transfer, Intellectual 
Property, and Innovation .9 
6. Extension of Public Comment Period Concerning Proposed Modification of Action Pursuant 
to Section 301: China 's Acts, Policies, and Practices Related to Technology Transfer, 
Intellectual Property, and Innov ation.10 
7. USTR Finalizes Tariffs on $2000 Billion of Chinese Imports in Response to China 's Unfair 
Trade Practices.11 
This supplemental request for consultations also concerns  any modification, replacement or 
amendments  to the measures identified above , and any closely connected , subsequent  or 
implementing measures . 
These measures appear to be inconsistent with the relevant provisions of the WTO covered 
agreements including:  
1. Article I.1 of the GATT 1994, because the measures at issue fail to extend immediatel y and 
unconditionally to the products originating in China an "advantage, favour, privilege or 
immunity" granted by the United States "[w]ith respect to customs duties and charges of 
any kind imposed on or in connection with" the importation of products or iginating in the 
territories of other Members.  
2. Article II.1(a) and (b) of the GATT 1994, because the measures at issue fail to accord to the 
products originating in China identified in the above -mentioned documents the treatment no 
less favourable than tha t provided for in the United States 's Schedule of Concessions and 
Commitments annexed to the GATT 1994.  
3. Article 23 of the DSU, because United States made a determination to the effect that a 
violation has occurred without recourse to the dispute settlement  in accordance with the 
DSU and the measures at issue fail to recourse to, and abide by, the rules and procedures 
of the DSU, when the United States seeks the redress of a violation of obligation or other 
nullification or impairment of benefits under the c overed agreements or an impediment to 
the attainment of any objective of the covered agreements.  
In addition, and as a consequence of  the foregoing, the measures at issue appear to nullify or impair 
benefits accruing to China directly or indirectly under the cited agreements.  
China reserves the right to raise additional claims and legal matters regarding the above -mentioned 
measures dur ing the course of the consultations.  
 
China looks forward to receiving your reply to the present consultations  request and to scheduling 
a mutually convenient date for consultations . 
 
__________  
                                                
8 See https://ustr.gov/sites/default/files/files/Pr ess/Releases/301FRN.pdf . See also Federal Register / 
Vol. 83, No. 67 / Friday, April 6, 2018 / Notices  [Docket No. USTR -2018-0005]  
9 See https://ustr.gov/about -us/policy -offices/press -office/press -releases/2018/july /statement -us-
trade -representative . See also https://ustr.gov/sites/default/files/301 /2018 -0026%20China%20FRN%207 -10-
2018_0.pdf  
10 See https://ustr.gov/sites/default/files/enforcement/301Investigations/2 018-16919.pdf . See also 
https://www.gpo.gov/fdsys/pkg/FR -2018-08-07/pdf/2018 -16919.pdf   
11 https://ustr.gov/about -us/policy -offices/press -office/press -releases/2018/september /ustr -finalizes -
tariffs -200