. /.  WORLD TRADE  
ORGANIZATION  WT/DS234/33 
4 May 2005 
 (05-1835) 
 Original:   English 
  
 
UNITED STATES – CONTINUED DUMPING AND 
SUBSIDY OFFSET ACT OF 2000 
 
Communication from Canada
 
 
 
 The following communication dated, 29 April 2005, from the delegation of Canada to the Chairman of the Dispute Settlement Body, is circulated at the request of that delegation.  
_______________ 
 
  On 26 November 2004, the Dispute Settlement Body ("DSB") granted authorization to Canada to suspend concessions a nd 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 .  The authorization was made pursuant to 
Canada's request made under Article 22.7 of the Understanding on Rules and Procedures Governing 
the Settlement of Disputes  ("DSU").  In that request, Canada undertook to notify the DSB every year, 
the terms of any measures Canada proposes to adopt  and the applicable level of suspension of 
concessions, prior to bringing such measures into force.  
 Canada hereby notifies the DSB that it is su spending, as of 1 May 2005, the application of 
concessions and related obligations  under GATT 1994 on imports of cer tain products originating in 
the United States of America.  For the first year, an ad valorem  additional duty of 15 per cent will be 
imposed on the products listed in the annex and or iginating in the United States of America.  This 
suspension covers, over one year, a total value of trade that does not exceed US$ 11.16 million. 
 
 Canada's current level of authorization estab lished through arbitration under Article 22.6 of 
the DSU is US$ 11.16 million.  It represents 72 per cent  of US$ 15.5 million collected from Canada'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 using the CDSOA Annual Report for Fiscal Year 2004
, published by US 
Customs and Border Protection on 17 December 2004. 
  Canada requests that you circulate this notification to the Members of the DSB.  WT/DS234/33 
Page 2  
 
 ANNEX:  LIST OF PRODUCTS
 
 
 
 Canada's suspension of concessions or other obligations in the form of a 15 per cent ad valorem  additional duty will be applied on live swine, ci garettes, oysters, and certain speciality fish 
(including live ornamental fish and certain frozen fi sh) originating from the United States of America.  
These products are identified by the following tariff items in the List of Tariff Provisions set out in the schedule to Canada's Customs Tariff .  The following descriptions in the present notification are for 
information purposes only.  
HS codes Description of products 
0103.10.00 Live swine – purebred breeding animals 
0103.91.00 Other than purebred breeding anim als, live swine weighing under 50 kgs 
0103.92.00 Other than purebred breeding animal s, live swine weighing 50 kgs or more 
0301.10.00 Live ornamental fish 
0303.79.00 Fish, frozen, excluding fish fillets and other fish meat of heading 0304 and 
excluding goods of tariff items 0303.11.00 to 0303.78.00 inclusive 
0307.10.10 Oysters in shell 
0307.10.20 Oysters, shelled 
2402.20.00 Cigarettes containing tobacco 
  
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