. /.   WORLD TRADE  
ORGANIZATION  WT/DS217/56 
18 August 2009 
 (09-3916) 
 Original:   English 
  
 
UNITED STATES – CONTINUED DUMPING AND 
SUBSIDY OFFSET ACT OF 2000 
 
Communication from Japan
 
 
 
 The following communication, dated 14 August 2009, from the delegation of Japan to the Chairman of the Dispute Settlement Body, is circulated at the request of that delegation. 
 
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 On 26 November 2004, the Dispute Settlement Body ("DSB") granted authorization to Japan to suspend concessions and re lated 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 the 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 concessions or other obligations. 
  On 18 August 2005, Japan notified the DSB that it was suspending, as of 1 September 2005, 
the applications of concessi ons and related obligations unde r 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) and the fourth year starting from 1 September 2008 (WT/DS217/54).  Although the products subject to  this suspension are th e same, the rate of 
ad valorem  additional duty that will apply to these produc ts will be reduced to 9.6 per cent for the 
fifth year that will start from 1 September 2009.
1  For convenience, attached is the list of the products 
on which the ad valorem  additional duty of 9.6 per cent will be imposed when they are originated in 
the United States.  The suspension for the fifth year covers, over one year, a total value of trade that 
does not exceed US$ 16.54 million.  
 US$16.54 million is Japan's current level of authorization established through arbitration 
under Article 22.6 of the DSU.  It represents 72 per cent  of US$22.97 million collected from Japan'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 based on the CDSOA A nnual Report for Fiscal Year 2008, published by 
US Customs and Border Protection on 15 January 2009.
2 
  Japan would be grateful if you could ask the S ecretariat to circulate th is notification to the 
Members of the DSB. 
                                                     
 
1 Cabinet Order No. 211 of 14 August 2009, Official Gazette No.171 of Special Issue dated on 
14 August 2009, at page 7. 
2 The report has been updated on 3 April 2009 and on 13 July 2009. WT/DS217/56 
Page 2  
 
  ANNEX:  LIST
 OF PRODUCTS  
 
  An ad valorem  additional duty of 9.6 per cent will appl y to the products originating in the 
United States of America classified in the list belo w.  The list uses the 9-digit code classification 
found in the Harmonized Tariff Schedule of Japan.  The descriptions provided herein are for 
information purposes only.  
HS Codes Description of products 
848210000 Ball bearings 
848220000 Tapered roller bear ings, including cone and tapered roller assemblies 
 
 
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