WT/DS217/66  
 
20 August 2014  
(14-4793)  Page: 1/1  
  Original: English  
 
 UNITED STATES – CONTINUED DUMPING AND 
SUBSIDY OFFSET ACT OF 2000 
COMMUNICATION FROM JAPAN 
The following communication, dated 18 August 201 4, from the delegation 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 under the General Agreement on Tariffs and Trade 
1994 ("GATT 1994") in accordance with th e 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 the list indi cating 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 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 
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).   For the tenth year starting from 1 September 20 14, Japan's level of authorization established 
through arbitration under Article 22.6 of the DSU was found to be marginal, representing 72 per 
cent of US$2,765.00 collected from Japan's exports and disbursed to US companies in the distribution under the Continued Dumping and Subsidy Offset Act of 2000  for the most recent year 
for which data are available. The amount of relevant disbursements was identified based on the 
CDSOA Annual Report for Fiscal Year 2013, published by US Customs and Border Protection on 15 January 2014.   
 
Accordingly, no suspension of concessions or othe r obligations in the form of the imposition of 
additional import duties will be applied by Japan for the tenth year. As Japan acknowledges that the considerable amount remains undisbursed and the United States might execute another round 
of disbursements to its domestic companies under the CDSOA after this year, Japan retains its 
rights under Article 22.7 of the DSU. Further, Japan's decision not to suspend concessions and 
related obligations for the tenth year 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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