UNITED STATES – CONTINUED DUMPING AND SUBSIDY OFFSET ACT OF 2000 COMMUNICATION FROM JAPAN
Document: COMMUNICATION FROM
Date: 20 August 2019
Document codes: WT/DS217/76; 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 f ollowing communication, dated 15 August 2019, from the del egation 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 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 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 (WT/DS217/66), the eleventh year (WT/DS217/68), the twelfth
year (WT/DS217/70), the thirteenth year (WT/DS217/72) and the fourteenth year (WT/DS217/74),
while it would retain its rights u nder 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 2018, published by US Customs and Border Protection.
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 import
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 mea sure found to be inconsistent with the covered agreements has been
removed within the meaning of Article 22.8 of the DSU.