UNITED STATES – CONTINUED DUMPING AND SUBSIDY OFFSET ACT OF 2000 COMMUNICATION FROM JAPAN
Document: COMMUNICATION FROM
Date: 12 November 2018
Document codes: WT/DS217/74; 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 9 November 2018, from the del egation 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 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 concessions and related obligations under GATT 1994 on imports of certain products
originating in the United States (). 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 fr om 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 th e tenth year, the eleventh year, twelfth year and thirteenth year , while it
retains its rights under Article 22.7 of the DSU as it acknowledges that the considerable amount
remains undisbursed and the United States might execute another round of disbursements to its
domestic companies under the Continued Dumping and Subsidy Offset Act of 2000(CDSOA).

Japan acknowledges the amount of relevant disbursements to US companies which was identified in
the CDSOA Annual Report for Fiscal Year 2017, published by US Customs and Border Protection.
However, considering the marginal amount of disbursement and circumstances including the current
structure of Japan 's relevant domestic industries, 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 acknowledges that 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 acc epts the contention of the United States that its measure found to be
inconsistent with the covered agreements has been removed within the meaning of A rticle 22.8 of
the DSU.