WORLD TRADE  
ORGANIZATION  WT/DS217/44 
6 January 2005 
 
 (05-0038) 
 Original:   English 
  
 
UNITED STATES – CONTINUED DUMPING AND 
SUBSIDY OFFSET ACT OF 2000 
 
Understanding between Australia and the United States
 
 
 
 The following communication, dated 23 December  2004, from the delegation of Australia and 
the delegation of the United States to the Chairpers on of the Dispute Settlement Body, is circulated at 
the request of those delegations.  
_______________ 
 
  Australia and the United States would like to inform the Dispute Settlement Body of the 
attached "Understanding between Australia and the United States" with respect to the dispute, United 
States – Continued Dumping and Subsidy Offset Act of 2000  (WT/DS217). 
 
 We ask that you please circulate this notifica tion to the Members of the Dispute Settlement 
Body. WT/DS217/44 
Page 2  
 
 Understanding between Australia and the United States
 
   Noting that the United States has informed th e Dispute Settlement Body (DSB) that it will 
continue to work to bring the Continued Dumpin g and Subsidy Offset Act of 2000 into conformity 
with its WTO obligations, 
  Our two governments have reached the following understanding with regard to this dispute: 
 1. Australia will not in this dispute at this stage request authorizatio n from the DSB to suspend 
concessions or other obligations pursuant to Article 22.2 of the Understanding on Rules and 
Procedures Governing the Settlement of Disputes  (DSU). 
 2. If Australia at some future date decides to  request DSB authorization to suspend concessions 
or other obligations under Article 22.2 of the DS U, it will provide the United States advance notice 
and will consult with the United St ates before making such a request. 
 3. Australia will retain its right to be grante d DSB authorization to suspend concessions or other 
obligations pursuant to Article 22.6 of the DSU at  any future date and the United States will not seek 
to block Australia’s request for DSB authoriza tion regardless of the timing of this request. 
 
4. The United States retains the right to object to the level of suspension proposed, or to claim 
that the principles and procedures set forth in Article  22.3 of the DSU have not been followed, and to 
have the matter referred to arbitr ation under Article 22.6 of the DSU. 
 5. Australia and the United States agree to request  jointly the adoption by the DSB of the draft 
decision attached to this Understandi ng at its meeting on 25 January 2005. 
 Signed:    
 
H.E. Mr David Spencer H.E. Ms Linnet F. Deily Ambassador Ambassador Permanent Representative of Australia Perm anent Representative of the United States 
  WT/DS217/44 
 Page 3 
 
 
 Draft Decision of the DSB  
   The DSB takes note of the Understanding reach ed between Australia and the United States 
and agrees that, upon a request by Australia, the DSB shall grant Australia authorization to suspend 
concessions or other obligations unless (i) the DSB decides by consensus not to do so or (ii) the 
United States objects to the level of suspension propo sed or claims that the principles and procedures 
in DSU Article 22.3 have not been followed, refe rring the matter to arbitration under Article 22.6 of 
the DSU.  
__________