UNITED STATES – CONTINUED DUMPING AND SUBSIDY OFFSET ACT OF 2000 COMMUNICATION FROM JAPAN
Document: COMMUNICATION FROM
Date: 27 August 2013
Document codes: WT/DS217/64; 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 23 August 2013, 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 the list indi cating 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 (WT/ DS217/48). 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 () and the eighth year starting from 1 September 2012
(). For the ninth year starting from 1 September 2013, the coverage of the products
subject to this suspension will be adjusted and the rate of ad valorem additional duty that will
apply to those products will be 17.4%.
1 For convenience, attached is the list of the products on
which the ad valorem additional duty of 17.4% will be im posed when they are originated in the
United States. The suspension for the ninth year covers, over one year, a total value of trade that
does not exceed US$74.47 million.

US$74.47 million is Japan's current level of au thorization established through arbitration
under Article 22.6 of the DSU. It represents 72 per cent of US$103.43 million collected from
Japan's exports and disbursed to US co mpanies 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 based on the CDSOA Annual Report for Fiscal Year 2012,
published by US Customs and Border Protection on 27th November 2012.

Japan would be grateful if you could ask the Secretariat to circulate this notification to the
Members of the DSB.

1 Cabinet Order No. 238 of 20 August 2013, Official Gazette No.6113 dated on 20 August 2013, at
page 2. See also attached product list.

ANNEX: LIST OF PRODUCTS
An ad valorem additional duty of 17.4% will apply to the products originating in the
United States of America classified in the list below. The list uses the 9-digit code classification
found in the Harmonized Tariff Schedule of Japan. The descriptions provided herein are for
information purposes only.

HS Codes Description of product
722211000 Bars and rods of stainless steel (not further worked than hot-rolled, hot-drawn or extruded)
(of circular cross-section)
722220000 Bars and rods of stainless steel (not further worked than cold-formed or cold-finished)
722230000 Bars and rods of stainless steel (not covered by Nos. 722100000–722220000)
730459020 Tubes, pipes and hollow profiles, seamless, of iron (other than cast iron) or steel (not
covered by Nos.730411000–730449020) (of circular cross-section, of other alloy steel)
(excluding those of cold-drawn or cold-rolled (cold-reduced)) (excluding drill pipe)
848210000 Ball bearings
848220000 Tapered roller bearings, including cone and tapered roller assemblies
848240000 Needle roller bearings
848250000 Cylindrical roller bearings (excluding those of spherical or needle)
848280000 Roller bearings, including combined ball/roller bearings (excluding those of tapered,
spherical, needle or other cylindrical)
848291000 Parts of ball or roller bearings: balls, needles and rollers
848299000 Parts of ball or roller bearings (excluding balls, needles and rollers)
848330010 Bearing housings, not incorporating ball or roller bearings; plain shaft bearings (for motor
vehicles)
848330090 Bearing housings, not incorporating ball or roller bearings; plain shaft bearings (not for motor
vehicles)