WT/DS437/18  
 
12 April 2016  
(16-2062)  Page: 1/2  
  Original: English  
 
 UNITED STATES – COUNTERVAILING DUTY MEASURES ON  
CERTAIN PRODUCTS FROM CHINA 
STATUS REPORT BY THE UNITED STATES 
The following communication, dated 11 April 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. 
   The scope of this dispute is one of the most extensive in the history of the dispute settlement 
system.  Although 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, the United States has completed the implementation process 
with respect to nine separate CVD investigations, as well as with respect to the one "as such" finding in this dispute.  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 
                                               
1 US – Countervailing Measures (China) , para. 8.1; US – Countervailing Measures (China) (AB ), 
para. 5.1. 
2 The eight new determinations are in the following CVD investigations:  Certain Tow-Behind Lawn 
Groomers and Certain Parts Thereof from the People's Republic of China ;  Certain Kitchen Shelving and Racks 
from the People's Republic of China ;  Pre–Stressed Concrete Steel Wire St rand from the People's Republic of 
China ;  Certain Coated Paper Suitable for High-Quality Print Graphics Using Sheet-Fed Presses from the  
People's Republic of China ;  Aluminum Extrusions from the People's Republic of China ;  High Pressure Steel  WT/DS437/18 
 
- 2 - 
 
  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  
 
With respect to the remaining "as applied" findings in six investigations, Commerce made a series of preliminary determinations on 31 December 2015, 23 February 2016, 24 February, 2016, 25 February 2016, and 7 March 2016.  Shortly thereafter, Commerce sought and accepted 
comments from interested parties on those preliminary determinations.  On 31 March 2016, 
Commerce held a hearing requested by interested  parties.  Commerce is reviewing the comments 
received from interested parties and is working to complete the implementation process for the six 
remaining investigations as soon as possible.   
  
 
 
__________  
                                                                                                                                               
Cylinders from the People's Re public 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 Dril l Pipe from the People's  Republic of China , the 
countervailing duty order was revoked following a negati ve injury determination by the US International Trade 
Commission resulting from a domestic legal challenge.  See Drill Pipe from the Peop le's Republic of China: 
Notice of Court Decision Not in Harmony with Inte rnational 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).