WT/DS543/1/Add.1  
G/L/1219/Add.1  
 
9 July 2018 
(18-4283) Page: 1/2 
  Original: English  
 
UNITED STATES – TARIFF MEASURES ON C ERTAIN GOODS FROM CH INA 
REQUEST FOR CONSULTA TIONS BY CHINA  
Addendum  
The following communication, dated 6 July 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 wi th 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 tariffs measures that the United States accords to certain goods 
in variou s sectors including such a s aerospace, information and communications technology, 
robotics, industrial machinery, new materials, and automobiles., etc. originati ng from China.  This 
addendum supplements and does not replace China 's request for consultations with the United  
States dated 4  April 2018 .1  
Subsequent to the  request for consultations  dated 4 April 2018,  the United States  published  a list 
of products of Chinese origin  with 818 tariff lines on 15 June 2018, as identified in the Annex A to 
the Notice of Action and R equest for Public Comment Concerning Proposed Determination of Action 
Pursuant to Section 301: China 's Acts, Policies, and Practices Related to Technology Transfer,  
Intellectual Property, and Innovation2, that an additional ad valorem duty of 25 percent have been  
imposed on  since 6 July, 2018 . The duties are only applied to China 's products and in excess of the 
United States 's bound rates in its Schedule of Concessions and Commitments annexed to the 
GATT  1994.  
The legal documents through which the United States implements this additional 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, inte llectual property and innovation under Section 301 of the Trade Act of 
1974.3  
3. Actions by the United States Related to the Section 301 Investigation of China 's Laws, 
Policies, Practices, or Actions Related to Technology Transfer, Intellectual Property, and  
Innovation.4 
                                                
1 The request for consultations was circulated on 5 April 2018 in document WT/DS 543/1, G/L/1219. 
2 See https://ustr.gov/sites/default/files/2018 -13248.pdf  . See also Federal Register/ Vol. 83, No.119/ 
Wednesday, June 20, 2018/ Notices [Docket Number USTR -2018-0018]  
3 See https://ustr.gov/sites/default/files/Section%20301%20FINAL.PDF   
4 See https://www.whitehouse.gov/presidential -actions/presidential -memorandum -actions -united -
states -related -section -301-investigation/   WT/DS543/1/Add.1 • G/L/1219/Add.1  
 
- 2 - 
 
  4. Notice of Determination and Request for Public Comment Concerning Proposed 
Determination of Action Pursuant to Section 301: China 's Acts, Policies, and Practices 
Related to Technology Transfer, Intellectual Property, and Innovation .5 
5. Annex A to the Notice of Action and Request for Public Comment Concerning Proposed 
Determination of Action Pursuant to Section 301: China 's Acts, Policies, and Practices 
Related to Technology Transfer, Intellectual Property, and Innovation. 6 
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 t he WTO covered 
agreements including:  
1. Article I.1 of the GATT 1994, because the measures at issue fail to extend immediately 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 originating in the 
territory 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 that provided for in the United States 's Schedule of 
Concessions and Commitments annexed to the GATT 1994.  
3. Article 23 of the DSU, because U S 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 State s seeks the redress of a violation of obligation or other nullification 
or impairment of benefits under the covered 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 during 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 . 
 
__________  
                                                
5 See https://ustr.gov/sites/default/file s/files/Press/Releases/301FRN.pdf . See also Federal Register / 
Vol. 83, No. 67 / Friday, April 6, 2018 / Notices  [Docket No. USTR -2018-0005]  
6 See Federal Register/ Vol. 83, No.119/ Wednesday, June 20, 2018/ Notices [Docket Number USTR -
2018-0018]