UNITED STATES – TARIFF MEASURES ON CERTAIN GOODS FROM CHINA REQUEST FOR CONSULTATIONS BY CHINA
Document: Addendum
Date: 9 July 2018
Document codes: WT/DS543/1/Add.1; G/L/1219/Add.1
Complainant: China
Respondent: U.S.
Third parties: Australia, Brazil, Canada, EU, India, Indonesia, Japan, Kazakhstan, South Korea, New Zealand, Norway, Russia, Singapore, Taiwan, Turkey, Ukraine
Dispute stage: Panel
Agreements cited: Art. I:1, II:1(a), II:1(b)  GATT 1994Art. 23.1, 23.2  Dispute Settlement Understanding (DSU)

UNITED STATES – TARIFF MEASURES ON CERTAIN GOODS FROM CHINA
REQUEST FOR CONSULTATIONS BY CHINA
Addendum
The following communication, dated 6 July 2018, from the delegation of China to the delegation of
the United States , is circulated to the Dispute Settlement Body in accordance with Article 4.4 of
the DSU.

My authorities have instructed me to request consultations wi th the Government of
the United States pursuant to Article 4 of the Understanding on R ules and Procedures Governing
the Settlement of Disputes (DSU), Article XXII I of the General Agreement on Tariffs and Trade
1994 (GATT 1994) concerning the tariffs measures that the United States accords to certain goods
in variou s sectors including such a s aerospace, information and communications technology,
robotics, industrial machinery, new materials, and automobiles., etc. originati ng from China. This
addendum supplements and does not replace China's request for consultations with the United
States dated 4 April 2018.1
Subsequent to the request for consultations dated 4 April 2018, the United States published a list
of products of Chinese origin with 818 tariff lines on 15 June 2018, as identified in the Annex A to
the Notice of Action and Request for Public Comment Concerning Proposed Determination of Action
Pursuant to Section 301: China 's Acts, Policies, and Practices Related to Technology Transfer,
Intellectual Property, and Innovation2, that an additional ad valorem duty of 25 percent have been
imposed on since 6 July, 2018. The duties are only applied to China's products and in excess of the
United States 's bound rates in its Schedule of Concessions and Commitments annexed to the
GATT 1994.
The legal documents through which the United States implements this additional tariff measures
include:
1. Section 301 -310 of the Trade Act of 1974, as amended (19 U.S.C., paragraphs 2411 -
2420).
2. Findings of the investigation into China's acts, policies and practices related to technology
transfer, inte llectual property and innovation under Section 301 of the Trade Act of
1974.3
3. Actions by the United States Related to the Section 301 Investigation of China 's Laws,
Policies, Practices, or Actions Related to Technology Transfer, Intellectual Property, and
Innovation.4

1 The request for consultations was circulated on 5 April 2018 in document WT/DS543/1, G/L/1219.
2 See https://ustr.gov/sites/default/files/2018-13248.pdf . See also Federal Register/ Vol. 83, No.119/
Wednesday, June 20, 2018/ Notices [Docket Number USTR-2018-0018]
3 See https://ustr.gov/sites/default/files/Section%20301%20FINAL.PDF
4 See https://www.whitehouse.gov/presidential-actions/presidential-memorandum-actions-united-
states-related-section-301-investigation/
WT/DS543/1/Add.1 • G/L/1219/Add.1

4. Notice of Determination and Request for Public Comment Concerning Proposed
Determination of Action Pursuant to Section 301: China 's Acts, Policies, and Practices
Related to Technology Transfer, Intellectual Property, and Innovation.5
5. Annex A to the Notice of Action and Request for Public Comment Concerning Proposed
Determination of Action Pursuant to Section 301: China 's Acts, Policies, and Practices
Related to Technology Transfer, Intellectual Property, and Innovation. 6
This supplemental request for consultations also concerns any modification, replacement or
amendments to the measures identified above , and any closely connected , subsequent or
implementing measures.
These measures appear to be inconsistent with the relevant provisions of t he WTO covered
agreements including:
1. Article I.1 of the GATT 1994, because the measures at issue fail to extend immediately and
unconditionally to the products originating in China an "advantage, favour, privilege or
immunity" granted by the United States "[w]ith respect to customs duties and charges of
any kind imposed on or in connection with" the importation of products originating in the
territory of other Members.
2. Article II.1(a) and (b) of the GATT 1994, because the measures at issue fail to accord to
the products originating in China identified in the above mentioned documents the
treatment no less favourable than that provided for in the United States 's Schedule of
Concessions and Commitments annexed to the GATT 1994.
3. Article 23 of the DSU, because U S made a determination to the effect that a violation has
occurred without recourse to the dispute settlement in accordance with the DSU and the
measures at issue fail to recourse to, and abide by, the rules and procedures of the DSU,
when the United State s seeks the redress of a violation of obligation or other nullification
or impairment of benefits under the covered agreements or an impediment to the
attainment of any objective of the covered agreements.
In addition, and as a consequence of the foregoing , the measures at issue appear to nullify or
impair benefits accruing to China directly or indirectly under the cited agreements.
China reserves the right to raise additional claims and legal matters regarding the above -
mentioned measures during the course of the consultations.

China looks forward to receiving your reply to the present consultations request and to scheduling
a mutually convenient date for consultations.

Vol. 83, No. 67 / Friday, April 6, 2018 / Notices [Docket No. USTR-2018-0005]
6 See Federal Register/ Vol. 83, No.119/ Wednesday, June 20, 2018/ Notices [Docket Number USTR-
2018-0018]