UNITED STATES – CONTINUED DUMPING AND SUBSIDY OFFSET ACT OF 2000
Document: Communication from Japan
Date: 18 August 2009
Document codes: WT/DS217/56; WT/DS217/ARB/JPN
Complainant: Australia, Brazil, Chile, EU, India, Indonesia, Japan, South Korea, Thailand
Respondent: U.S.
Third parties: Argentina, Canada, Costa Rica, Hong Kong, Israel, Mexico, Norway
Dispute stage: Implementation & Compliance
Agreements cited: Art. X:3  GATT 1994Art. 18.4  Anti-dumpingArt. 32.5  Subsidies and Countervailing Measures (SCM)Art. VI:3  GATT 1994Art. XVI:4  Agreement Establishing the World Trade OrganizationArt. 1, 5.4  Anti-dumpingArt. 4.10, 7.9, 10, 11.4, 18, 32.1  Subsidies and Countervailing Measures (SCM)Art. 8  Anti-dumpingArt. VI:2  GATT 1994Art. 18.1  Anti-dumping

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.

 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 (). 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") (). 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 (), the third year
starting from 1 September 2007 () and the fourth year starting from 1 September 2008
(). 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.

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