. /.  WORLD TRADE  
ORGANIZATION   
WT/DS379/12/Add.5 
15 June 2012 
 (12-3208) 
 Original:   English 
  
 
UNITED STATES – DEFINITIVE ANTI-DUMPING AND COUNTERVAILING  
DUTIES ON CERTAIN PRODUCTS FROM CHINA 
 
Status Report by the United States 
 
Addendum 
 
  The following communication, dated 14 June 2012, 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. 
 
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Status Report Regarding Implementation of the 
DSB Recommendations and Rulings in the Dispute  
United States – Definitive Anti-Dumping and Countervailing Duties 
on Certain Products from China 
(WT/DS379) 
 
The United States submits this report in  accordance with Article 21.6 of the Understanding on 
Rules and Procedures Governing the Settlement of Disputes . 
 
On 25 March 2011, the Dispute Settlement Body  ("DSB") adopted its recommendations and 
rulings in United States – Definitive Anti-Dumping and Countervailing Duties on Certain Products 
from China (WT/DS379).  At the following DSB meeting, the United States informed the DSB of its 
intention to implement the recommendations and rulings  of the DSB in connection with this matter.   
 
The United States and China agreed  that the reasonable period of time for the United States to 
implement the recommendations and rulings of the DSB would end on 25 February 2012, and jointly 
notified the DSB of this agreement on 5 July 2011.   On 17 January 2012, the United States and China 
jointly notified the DSB that they had agreed to modi fy the reasonable period of time, so as to expire 
on 25 April 2012. 
 
The United States Trade Representative made a wr itten request to the Secretary of Commerce 
to issue determinations under section 129(b) of  the Uruguay Round Agreements Act that would 
render US Department of Commerce ("Commerce") de terminations in four original anti-dumping 
investigations and four original countervailing duty investigations of products from China – circular 
welded pipe, light-walled rectangular pipe and t ube, certain new pneumatic off the road tires, and 
laminated woven sacks – not inconsistent with the recommendations and rulings of the DSB. 
 
On 13 March 2012, a new US law was enacted which clarifies the application of US 
countervailing duties to nonmarket economies.1  The new legislation makes clear that where 
                                                      
1 http://www.gpo.gov/fdsys/pkg/BILLS-1 12hr4105enr/pdf/BILLS -112hr4105enr.pdf WT/DS379/12/Add.5 
Page 2  
 
  countervailing duties are applied to exports from a nonmarket economy country at the same time that 
anti-dumping duties, calculated using a "surrogate valu e" methodology, are applied to the exports, and 
evidence is presented that this has resulted in an increase in the dumping margin, Commerce may 
reduce the antidumping duty to avoid what has been referred to as a "double remedy."  Commerce is 
currently working to implement this new law, in cluding as part of US efforts to implement the 
recommendations and rulings of the DSB in connection with this dispute.   
 
On 6 April 2012, Commerce issued to interested parties a preliminary determination with 
respect to certain issues in the countervailing duty in vestigation of certain new pneumatic off the road 
tires.  On 9 April 2012, Commerce issued to inte rested parties a preliminary determination with 
respect to certain issues in the countervailing duty investigation of laminated woven sacks.  On 
18 May 2012, Commerce issued to interested parties a preliminary determination with respect to the 
issues of the determination of public bodies and th e use of facts available in the countervailing duty 
investigations of circular welded pipe, light-walle d rectangular pipe and tube, certain new pneumatic 
off-the-road tires, and laminated woven sacks.  On  31 May 02012, Commerce issued to interested 
parties a preliminary determination with respect to the issue of "double remedy" in the antidumping 
and countervailing duty investigations of circular we lded pipe, light-walled r ectangular pipe and tube, 
certain new pneumatic off-the-road tires, and laminated woven sacks.   Commerce has requested that interested parties provide comments on those prel iminary determinations and rebuttal comments on 
any comments submitted by other interested parties.   
The United States will continue to consult with  interested parties as it works to address the 
recommendations and rulings of the DSB.  
 
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