UNITED STATES – COUNTERVAILING MEASURES ON CERTAIN HOT-ROLLED CARBON STEEL FLAT PRODUCTS FROM INDIA STATUS REPORT BY THE UNITED STATES
Document: Addendum
Date: 11 March 2016
Document codes: WT/DS436/14/Add.4
Complainant: India
Respondent: U.S.
Third parties: Australia, Canada, China, EU, Saudi Arabia, Turkey
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. 12, 14, 15, 19, 32  Subsidies and Countervailing Measures (SCM)Art. VI  GATT 1994Art. 1, 2, 10, 11, 13, 21, 22  Subsidies and Countervailing Measures (SCM)Art. I  GATT 1994Art. XVI:4  Agreement Establishing the World Trade Organization

UNITED STATES – COUNTERVAILING MEASURES ON CERTAIN HOT-ROLLED CARBON
STEEL FLAT PRODUCTS FROM INDIA
STATUS REPORT BY THE UNITED STATES
Addendum
The following communication, dated 10 March 2016, from the delegation of the United States to
the Chairperson of the Dispute Settlement Body, is circulated pursuant to Article 21.6 of the DSU.

Status Report Regarding the Implementation of the
DSB Recommendations and Rulings in the Dispute
United States – Countervailing Measures on Certain Hot-Rolled
Carbon Steel Flat Products from India
(WT/DS436)

The United States submits this report in accordance with Article 21.6 of the Understanding on
Rules and Procedures Governing the Settlement of Disputes ("DSU").

On 19 December 2014, the Dispute Settlement Body ("DSB") adopted its recommendations and
rulings in United States – Countervailing Measures on Certain Hot-Rolled Carbon Steel Flat
Products from India (WT/DS436). At the following DSB meeting, the United States informed the
DSB of its intention to implement the recommendations and rulings of the DSB in connection with
this matter.

On 24 March 2015, the United States and India in formed the DSB that they had agreed that a
reasonable period of time for the United States to implement the recommendations and rulings of
the DSB would end on 19 March 2016. On 9 March 2016, the United States and India informed the
DSB that they had agreed to extend the reason a b l e p e r i o d o f t i m e s o a s t o e x p i r e o n
18 April 2016.

US authorities are conferring with interested parties and working to implement the
recommendations and rulings of the DSB in a manner that is appropriate. On 5 October 2015, the
US Trade Representative requested, pursuant to section 129(b)(2) of the Uruguay Round
Agreements Act ("URAA"), the Secretary of Commerce to issue a determination that would render
the determinations by the Department of Commerce subject to the DSB's recommendations not
inconsistent with those recommendations and rulings. Also on 5 October 2015, the US Trade
Representative requested, pursuant to section 129(a)(1) of the URAA, the US International Trade
Commission ("USITC") to issue an advisory report on whether US law permits the USITC to take
steps in connection with the particular proceeding that would render its determination subject to
the DSB's recommendations not inconsistent with those recommendations and rulings.

On 23 October 2015, the USITC issued an affirmative advisory report to the US Trade
Representative, indicating that Title VII of the Tariff Act of 1930 permits the USITC to take steps
that would render its action in that proceeding not inconsistent with the DSB's recommendations
and rulings. On 6 November 2015, the US Trade Representative requested, pursuant to
section 129(a)(4) of the URAA, that the USITC issue a determination that would render its action
in that proceeding not inconsistent with the DSB's recommendation and rulings. On 7 March 2016,

the USITC issued a determination pursuant to Section 129(a)(4). The USITC "f[ou]nd that an
industry in the United States is materially injured by reason of imports of hot-rolled steel found by
the US Department of Commerce (Commerce) to be subsidized, and ma[d]e an affirmative
determination regarding subsidized hot-rolled steel imports from India."
1 This USITC determination
pursuant to Section 129(a)(4) renders its action subject to the DSB’s recommendations not
inconsistent with those recommendations and rulings.