UNITED STATES – CONTINUED DUMPING AND SUBSIDY OFFSET ACT OF 2000 COMMUNICATION FROM JAPAN
Document: COMMUNICATION FROM
Date: 24 August 2016
Document codes: WT/DS217/70; 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 f ollowing communication, dated 22 August 2016, from the delegation of Japan to the
Chairperson 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 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 (). 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 with 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 c oncessions or
other obligations.
On 18 August 2005, Japan notified the DSB that it was suspending, as of 1 September 2005, the
applications of concessions and related obligations under GATT 1994 on imports of certain
products originating in the United Stat es (). Japan was extending the suspension of
concessions for the second year starting from 1 September 2006 (), the third year
starting from 1 September 2007 (), the fourth year starting from 1 September 2008
(), the fifth year starting from 1 September 2009 (), the sixth year
starting from 1 September 2010 (), the seventh year starting from 1 September
2011 (), the eighth year starting from 1 September 2012 () and the
ninth year starting from 1 September 2013 (). Japan notified the DSB that no
suspension of concessions or other obligations in the form of the imposition of additional import
duties would be applied by Japan for the tenth year and the eleventh ye ar, while it retainings its
rights under Article 22.7 of the DSU as it Japan acknowledges that the considerable amount
remains undisbursed and that the United States might execute another round of disbursements to
its domestic companies under the Continued Dumping and Subsidy Offset Act of 2000(CDSOA).
Based on the amount of relevant disbursements to US companies which was identified in the
CDSOA Annual Report for Fiscal Year 2015, published by US Customs and Border Protection,
Japan's level of authorizat ion established through arbitration under Article 22.6 continues to be
marginal.
Accordingly, Japan continues its non -application of the suspension of concessions or other
obligations in the form of the imposition of additional import duties. As Japan ackn owledges that
the considerable amount remains undisbursed and the United States might execute another round
of disbursements to its domestic companies under the CDSOA, Japan retains its rights under
Article 22.7 of the DSU. Further, Japan's decision not to suspend concessions and related
obligations does not mean in any sense that Japan accepts the contention of the United States that
its measure found to be inconsistent with the covered agreements has been removed within the
meaning of Article 22.8 of the DSU.
Japan would be grateful if you could ask the Secretariat to circulate this notification to the
Members of the DSB.