UNITED STATES – CONTINUED DUMPING AND SUBSIDY OFFSET ACT OF 2000
Document: Communication from Canada
Date: 4 May 2005
Document codes: WT/DS234/33
Complainant: Canada, Mexico
Respondent: U.S.
Third parties: Argentina, Australia, Brazil, Costa Rica, EU, Hong Kong, India, Indonesia, Israel, Japan, South Korea, Norway, Thailand
Dispute stage: Implementation & Compliance
Agreements cited: Art. 5.4  Anti-dumpingArt. 5  Subsidies and Countervailing Measures (SCM)Art. VI  GATT 1994Art. 8, 18  Anti-dumpingArt. 11.4, 18, 32  Subsidies and Countervailing Measures (SCM)Art. XVI  Agreement Establishing the World Trade OrganizationArt. 10  Subsidies and Countervailing Measures (SCM)Art. X  GATT 1994Art. 1  Anti-dumping

UNITED STATES – CONTINUED DUMPING AND
SUBSIDY OFFSET ACT OF 2000

Communication from Canada

 The following communication dated, 29 April 2005, from the delegation of Canada 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
Canada to suspend concessions a nd related obligations under the General Agreement on Tariffs and
Trade 1994 ("GATT 1994") in accordance with th e decision of the Arbitrator in . The authorization was made pursuant to
Canada's request made under Article 22.7 of the Understanding on Rules and Procedures Governing
the Settlement of Disputes ("DSU"). In that request, Canada undertook to notify the DSB every year,
the terms of any measures Canada proposes to adopt and the applicable level of suspension of
concessions, prior to bringing such measures into force.

 Canada hereby notifies the DSB that it is su spending, as of 1 May 2005, the application of
concessions and related obligations under GATT 1994 on imports of cer tain 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$ 11.16 million.

 Canada's current level of authorization estab lished through arbitration under Article 22.6 of
the DSU is US$ 11.16 million. It represents 72 per cent of US$ 15.5 million collected from Canada'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.

 Canada requests that you circulate this notification to the Members of the DSB.

ANNEX: LIST OF PRODUCTS

 Canada's suspension of concessions or other obligations in the form of a 15 per cent
ad valorem additional duty will be applied on live swine, cigarettes, oysters, and certain speciality fish
(including live ornamental fish and certain frozen fish) originating from the United States of America.
These products are identified by the following tariff items in the List of Tariff Provisions set out in the
schedule to Canada's Customs Tariff. The following descriptions in the present notification are for
information purposes only.

HS codes Description of products
0103.10.00 Live swine – purebred breeding animals
0103.91.00 Other than purebred breeding anim als, live swine weighing under 50 kgs
0103.92.00 Other than purebred breeding animal s, live swine weighing 50 kgs or more
0301.10.00 Live ornamental fish
0303.79.00 Fish, frozen, excluding fish fillets and other fish meat of heading 0304 and
excluding goods of tariff items 0303.11.00 to 0303.78.00 inclusive
0307.10.10 Oysters in shell
0307.10.20 Oysters, shelled
2402.20.00 Cigarettes containing tobacco