WT/DS437/18/Add.1  
 
13 May 2016  
(16-2673)  Page: 1/2  
  Original: English  
 
 UNITED STATES – COUNTERVAILING DUTY MEASURES ON  
CERTAIN PRODUCTS FROM CHINA 
STATUS REPORT BY THE UNITED STATES 
Addendum 
The following communication, dated 12 May 2016, from the delegation of the United States to the 
Chairperson of the Dispute Settlement Body, is circulated pursuant to Article 21.6 of the DSU. 
 
_______________ 
  
Status Report Regarding Implementation of the 
DSB Recommendations and Rulings in the Dispute 
United States – Countervailing Duty Measures on Certain 
Products from China 
(WT/DS437) 
  
The United States submits this report in accordance with Article 21.6 of the Understanding on 
Rules and Procedures Governing the Settlement of Disputes ("DSU"). 
  
On 16 January 2015, the Dispute Settlement Body ("DSB") adopted its recommendations and 
rulings in United States – Countervailing Duty Measures on Certain Products from China  
(WT/DS437). By letter dated 13 February 2015, the United States informed the DSB of its 
intention to implement the recommendations and rulings of the DSB in connection with this 
matter.    
As the United States has previously noted, the scope  of this dispute is one of the most extensive in 
the history of the dispute settlement system.  Al though the panel and Appellate Body rejected 
many of China’s claims, the DSB recommendations  and rulings call for further administrative 
action with respect to 15 separate countervailing duty (CVD) investigations.
1  For most of these 
separate investigations, the recommendations and rulings involve multiple obligations under the 
Agreement on Subsidies and Countervailing Measures . 
 
On 26 June 2015, China referred the matter to arbitration under Article 21.3(c) of the DSU. The 
United States explained to the arbitrator that it required a reasonable period of time of 19 months.  On 9 October 2015, the arbitrator determined  that the reasonable period of time for 
US compliance was 14 months and 16 days, expiring 1 April 2016. 
 As of the date of this report, final determinatio ns have been issued in 11 of the 15 separate CVD 
investigations subject to recommendations and rulings; the United States has completed the 
implementation process with respect to nine of the CVD investigations; and the United States has 
completed implementation with respect to the one "as such" finding in the dispute.  
                                               
1 US – Countervailing Measures (China), para. 8. 1; US – Countervailing Measures (China) (AB), 
para. 5.1. WT/DS437/18/Add.1  
 
- 2 - 
 
  On 31 March 2016, the US Department of Commerce ("Commerce") issued new final 
determinations with respect to eight separate CVD investigations,2 and the US Trade 
Representative has completed the implementation  process by directing Commerce to implement 
these eight determinations. In addition, in one of the CVD investigations covered by the 
recommendations and rulings, Commerce revoked the CVD order.3 
 The United States also has completed implementation with respect to the one "as such" finding 
adopted by the DSB.
4 Commerce withdrew the approach addressed by that finding prior to the 
DSB’s adoption of the reports in this dispute.5 
 On 26 April 2016, Commerce completed new final determinations with respect to two additional 
CVD investigations.
6 
 With respect to the remaining four CVD investigations, Commerce made a series of preliminary 
determinations from December 2015 to March 2016.  Commerce sought and accepted comments 
from interested parties on those preliminary determinations, and is reviewing the comments received from interested parties. 
 
The United States is working to complete the remaining steps in the implementation process as soon as possible. 
 
 
__________  
                                               
2 The eight new determinations are in the following CVD investigations:  Certain Tow-Behind Lawn 
Groomers and Certain Parts Thereof from the People's Repu blic of China;  Certain Kitchen Shelving and Racks 
from the People's Republic of China;  Pre–Stressed Conc rete Steel Wire Strand from the People's Republic of 
China;  Certain Coated Paper Suitable for High-Quali ty Print Graphics Using Sheet-Fed Presses from the 
People's Republic of China;  Alumin um Extrusions from the People's Republic of China;  High Pressure Steel 
Cylinders from the People's Republic of China;  Lightwei ght Thermal Paper from the People's Republic of China;  
and Citric Acid and Certain Citrate Sa lts from People's Republic of China. 
3 In the Countervailing Duty Investigation of Drill Pipe from the People's Republic of China , the 
countervailing duty order was revoked following a nega tive injury determination by the U.S. International 
Trade Commission resulting from a domestic legal challenge.  See Drill Pipe from the People's Republic of 
China: Notice of Court Decision Not in Harmony with International Trade Commission's Injury Determination, Revocation of Antidumping and Countervailing Duty Orders  Pursuant to Court Decision, and Discontinuation of 
Countervailing Duty Administrative Review , 79 Fed. Reg. 78,037 (Dep't Commerce, 29 December 2014). 
4 United States – Countervailing Measures (China), para. 7.128.  
5 See, e.g., Countervailing Duty Investigation of Grain-Oriented Electrical Steel from the People's 
Republic of China:  Preliminary Determination and Alignment of Final Determination with Final Antidumping 
Duty Determination, 79 FR 13617 (11 March 2014). 
6  Magnesia Bricks from the People's  Republic of China and Certain Seamless Carbon and Alloy Steel 
Standard, Line, and Pressure Pipe fro m the People's Republic of China.