UNITED STATES – CONTINUED DUMPING AND SUBSIDY OFFSET ACT OF 2000 COMMUNICATION FROM JAPAN
Document: COMMUNICATION FROM
Date: 23 September 2015
Document codes: WT/DS217/68; 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 18 September 2015, 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 (), the eighth year starting from 1 September 2012
() and the ninth year starting from 1 September 2013 (). Japan
notified the DSB 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, while it retains
its rights under Article 22.7 of the DSU as it ac knowledges that the considerable amount remains
undisbursed and the United States might execute another round of disbursements to its domestic
companies under the CDSOA after 2014.

Based on the amount of relevant disbursements to US companies which was identified in the
CDSOA Annual Report for Fiscal Year 2014, published by US Customs and Border Protection,
Japan's level of authorization established through arbitration under Article 22.6 continue to be
marginal.

Accordingly, Japan continues its non-application of the suspension of concessions or other
obligations in the form of the imposition of addi tional import duties. As Japan acknowledges that
the considerable amount remains undisbursed and the United States might execute 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 deci sion 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.

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