UNITED STATES – CONTINUED DUMPING AND SUBSIDY OFFSET ACT OF 2000
Document: Communication from Japan
Date: 2 September 2008
Document codes: WT/DS217/54; 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 29 August 2008, from the delegation of Japan 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 Japan
to suspend concessions and related obligations under the General Agreement to Tariff and Trade 1994
("GATT 1994") in accordance with the decision of the Arbitrator in (). 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 concessi ons and related obligations unde r GATT 1994 on imports of certain
products originating in the United States (). On 22 August 2006, Japan notified the
DSB that it was extending the suspension of concessions for the second year starting from
1 September 2006 (). On 23 Augus t 2007, Japan notified the DSB that it was
extending the suspension of concessions for the third year starting from 1 September 2007
(). The scope of the products subject to this suspension of concession and the duty rate
will be modified and the rate of ad valorem additional duty that will apply to these products will be
reduced to 10.6% for the forth year that will start from 1 September 2008.
1 For convenience, attached
is the list of the products on which the ad valorem additional duty of 10.6% will be imposed when
they are originating in the United States. The susp ension for the fourth year covers, over one year, a
total value of trade that does not exceed US$16.49 million.

 US$16.49 million is Japan's current level of authorization established through arbitration
under Article 22.6 of the DSU. It represents 72 per cent of US$22.91 million collected from Japan'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 based on the CDSOA A nnual Report for Fiscal Year 2007, published by
US Customs and Border Protection on 5 December 2007.

 Japan would be grateful if you could ask the S ecretariat to circulate th is notification to the
Member of the DSB.

1 Cabinet Order No. 265 of 29 August 2008, Official Gazette No.189 of Special Issue dated on
29 August 2008, at page 6.

ANNEX: LIST
 OF PRODUCTS

 An ad valorem additional duty of 10.6% will apply to the products originating in the
United States of America classified in the list belo w. 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 products
848210000 Ball bearings
848220000 Tapered roller bear ings, including cone and tapered roller assemblies