WT/DS217/70  
 
24 August 2016  
(16-4509) Page: 1/1 
  Original: English  
 
  UNITED STATES – CONTINUED DUMPING AND  
SUBSIDY OFFSET ACT OF 2000  
COMMUNICATION FROM J APAN  
The f ollowing communication, dated 22  August  2016, from the delegation of Japan to the 
Chairperson of the Dispute Settlement Body, is circulated at the request of th at delegation.  
 
_______________  
 
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 t he 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 with 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 c oncessions 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 Stat es (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). Japan notified the DSB that no 
suspension of concessions or other obligations in the form of the imposition of additional import 
duties would be applied by Japan for the tenth year and the eleventh ye ar, while it retainings  its 
rights under Article 22.7 of the DSU as it Japan acknowledges that the considerable amount 
remains undisbursed and that the United States might execute another round of disbursements to 
its domestic companies under the Continue d Dumping and Subsidy Offset Act of 2000(CDSOA).  
Based on the amount of relevant disbursements to US companies which was identified in the 
CDSOA Annual Report for Fiscal Year 2015, published by US Customs and Border Protection, 
Japan's level of authorizat ion established through arbitration under Article 22.6 continues to be 
marginal.  
Accordingly, 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 ackn owledges that 
the considerable amount remains undisbursed and 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 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. 
Japan would be grateful if you could ask the Secretariat to circulate this notification to the 
Members of the DSB.  
__________