WT/DS217/74  
 
12 November 2018  
(18-7097) Page: 1/1 
  Original: English  
 
UNITED STATES – CONTINUED DUMPING AND  
SUBSIDY OFFSET ACT OF 2000  
COMMUNICATION FROM JAPAN  
The f ollowing communication, dated 9 November  2018, 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 requ est 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 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 obliga tions 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 
Septembe r 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 fr om 1  September 2011 
(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 additio nal import duties would be 
applied by Japan for th e tenth year, the eleventh year, twelfth year  and thirteenth year , while it 
retains its rights under Article 22.7 of the DSU  as it acknowledges that the considerable amount 
remains undisbursed and the United States might execute another round of disbursements to its 
domestic companies under the Continued Dumping and Subsidy Offset Act of 2000(CDSOA) . 
 
Japan acknowledges the amo unt of relevant disbursements to US companies which was identified in 
the CDSOA Annual Report for Fiscal Year 2017, published by US Customs and Border Protection. 
However, considering  the marginal amount of disbursement and  circumstances including the curr ent 
structure of  Japan 's relevant domestic industries, Japan continues its non -application of the 
suspension of concessions or other obligations in the form of the imposition of additional import 
duties. As Japan acknowledges that the United States might execute 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 related obligations does not mean in any 
sense that Japan acc epts the contention of the United States that its measure found to be 
inconsistent with the covered agreements has been removed within the meaning of A rticle 22.8 of 
the DSU.  
 
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