WT/DS217/72  
 
4 December  2017 
(17-6628) Page: 1/1 
  Original: English  
 
UNITED STATES – CONTINUED DUMPING AND  
SUBSIDY OFFSET ACT OF 2000  
COMMUNICATION FROM JAPAN  
The f ollowing communication, dated 30 November  2017, from the del egation of Japan  to the 
Chairperson of the Dispute Settlement Body, is circulated at the request of t hat 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  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 request made under Article 22.7 of the Understanding on Rules and 
Procedures Governing th e 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 conc essions 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), th e 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 nint h 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, the eleventh 
year and  the twelfth 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 Continue d Dumping 
and Subsidy Offset Act of 2000(CDSOA) . 
 
Japan acknowledges the amount of relevant disbursements to US companies which was identified 
in the CDSOA Annual Report for Fiscal Year 2016, published by US Customs and Border Protection. 
However, consider ing circumstances including the current 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 acknow ledges 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 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 A rticle 22.8 of the DSU.  
 
__________