UNITED STATES – CONTINUED DUMPING AND SUBSIDY OFFSET ACT OF 2000
Document: Communication from Japan
Date: 19 August 2005
Document codes: WT/DS217/48
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 18 August 2005, 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 related obligations un der the General Agreement on Tariff and Trade
1994 ("GATT 1994") in accordance with the decision of the Arbitrator in United States - Continued
Dumping and Subsidy Offset Act of 2000 . The authorization was made pursuant to Japan's request
made under Article 22.7 of the U nderstanding on Rules and Procedur es 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 pr oducts, prior to the entry into force of a level of
suspension of concessions or other obligations.

 Japan hereby notifies the DSB that it is susp ending, as of 1 September 2005, the application
of concessions and related obligations under GATT 1994 on imports of certain 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$ 52.10 million.

 US$ 52.10 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$ 72.36 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 using the CDSOA Annual Report for Fiscal Year 2004
, published by US
Customs and Border Protection on 17 December 2004.

 Japan should be grateful if you could ask the S ecretariat to circulate th is notification to the
Members of the DSB.

ANNEX: LIST OF PRODUCTS

 The imposition of additional duties will apply to the products originating in the United States
of America classified in the list below. The list uses the 9-digit code classification found in the
Harmonized Tariff Schedule of Japan. The descripti ons provided herein are for information purposes
only.

HS Codes Description of products
591000020 Transmission or conveyor belts or belting, of textile material, whether or not
impregnated, coated, covered or laminated with plastics, or reinforced with metal or
other material (excluding of cotton)
721090010 Flat-rolled products of iron or non-allo y steel, of a width of 600 mm or more, clad,
plated or coated (excluding those of plated or coated with tin, lead, zinc, chromium
oxides, chromium and chromium oxides or aluminium, and those of painted,
vanished or coated with plastics): containing by weight less than 0.6% of carbon
722012000 Flat-rolled products of stainless steel, of a width of less than 600 mm: not further
worked than hot-rolled: of a thickness of less than 4.75 mm
722699010 Flat-rolled products of other alloy steel , of a width of less than 600 mm (excluding
those of silicon-electrical steel, those of high speed steel, those not further worked
than hot-rolled or cold-rolled (cold-reduced ), those plated or coated with zinc):
bimetal, clad or combined, containing by weight more than 10% of nickel
842720000 Fork-lift trucks; other works trucks f itted with lifting or handling equipment: self-
propelled trucks (excluding those powered by an electric motor)
844330000 Flexographic printing machinery
846610010 Tool holders
848210000 Ball bearings
848220000 Tapered roller bear ings, including cone and tapered roller assemblies
848240000 Needle roller bearings
848250000 Cylindrical roller bearings (excluding those of spherical or needle)
848280000 Roller bearings, including combined ball/roller bearings (excluding those of
tapered, spherical, needle or other cylindrical)
848291000 Parts of ball or roller bear ings: balls, needles and rollers
848299000 Parts of ball or roller bearings (excluding balls, needles and rollers)
901480000 Navigational instrume nts and appliances (excluding direction finding compasses
and instruments and appliances for aeronautical or space navigation)