UNITED STATES – CONTINUED DUMPING AND SUBSIDY OFFSET ACT OF 2000 COMMUNICATION FROM JAPAN
Document: COMMUNICATION FROM
Date: 25 September 2023
Document codes: WT/DS217/83; 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 following communication, dated 22 September 2023, was received from the delegation of Japan
with the request that it be circulated to the Dispute Settlement Body (DSB).

On 26 November, 2004, the Dispute Settlement Body ("DSB") granted authorisation 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 authorisation 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 of 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 Septembe r, 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 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 (WT/DS217/66), the
eleventh year (WT/DS217/68), the twelfth year (WT/DS217/70), the thirteenth year
(WT/DS217/72), the fourteenth year (WT/DS217/74), the fifteenth year (WTO/DS217/76), the
sixteenth year (WT/DS217/78), the seventeenth year (WT/DS217/79), and the eighteenth year
(WT/DS217/82) while Japan would retain its rights under Article 22.7 of the DSU as long as an
undisbursed amount remains and the United States executes 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 2022, published by US Customs and Bord er Protection
(CBP). However, considering the marginal amount of disbursement, Japan continues its
non-application of the suspension of concessions or other obligations in the form of the imposition
of additional duties. For the reason explained above with regard to the possibility of execution by
the United States of 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.