UNITED STATES – DEFINITIVE ANTI-DUMPING AND COUNTERVAILING DUTIES ON CERTAIN PRODUCTS FROM CHINA
Document: Status Report by the United States Addendum
Date: 21 August 2012
Document codes: WT/DS379/12/Add.7
Complainant: China
Respondent: U.S.
Third parties: Argentina, Australia, Bahrain, Brazil, Canada, EU, India, Japan, Kuwait, the State of, Mexico, Norway, Saudi Arabia, Taiwan, Turkey
Dispute stage: Appellate Body
Agreements cited: Art. I, VI  GATT 1994Art. 1, 2, 10, 12, 13, 14, 19, 32  Subsidies and Countervailing Measures (SCM)Art. 1, 2, 6, 9, 18, Annex II  Anti-dumpingArt. 15  Protocol of Accession

UNITED STATES – DEFINITIVE ANTI-DUMPING AND COUNTERVAILING
DUTIES ON CERTAIN PRODUCTS FROM CHINA

Status Report by the United States

Addendum

 The following communication, dated 20 August 2012, from the delegation of the
United States to the Chairperson of the Dispute Settlement Body, is circulated pursuant to Article 21.6
of the DSU.

Status Report Regarding Implementation of the
DSB Recommendations and Rulings in the Dispute

(WT/DS379)

The United States submits this report in accordance with Article 21.6 of the Understanding on
Rules and Procedures Governing the Settlement of Disputes.

On 25 March 2011, the Dispute Settlement Body ("DSB") adopted its recommendations and
rulings in (WT/DS379). At the following DSB meeting, the United States informed the DSB of its
intention to implement the recommendations and rulings of the DSB in connection with this matter.

The United States and China agreed that the reasonable period of time for the United States to
implement the recommendations and rulings of the DSB would end on 25 February 2012, and jointly
notified the DSB of this agreement on 5 July 2011. On 17 January 2012, the United States and China
jointly notified the DSB that they had agreed to modi fy the reasonable period of time, so as to expire
on 25 April 2012.

The United States Trade Representative made a wr itten request to the Secretary of Commerce
to issue determinations under Section 129(b) of the Uruguay Round Agreemen ts Act ("URAA") that
would render US Department of Commerce ("Co mmerce") determinations in four original
anti-dumping investigations and four original coun tervailing duty investigations of products from
China – circular welded pipe, light walled rectangul ar pipe and tube, certain new pneumatic off the
road tires, and laminated woven sacks – not inconsis tent with the recommendations and rulings of the
DSB.

On 13 March 2012, a new US law was enacted which clarifies the application of US
countervailing duties to nonmarket economies. Th e new legislation makes clear that where
countervailing duties are applied to exports from a nonmarket economy country at the same time that
anti-dumping duties, calculated using a "surrogate value" methodology, are applied to the exports, and
evidence is presented that this has resulted in an increase in the dumping margin, Commerce may
reduce the anti-dumping duty to avoid what has been referred to as a "double remedy." Commerce is
currently working to implement this new law, in cluding as part of US efforts to implement the
recommendations and rulings of the DSB in connection with this dispute.

On 6 April 2012, Commerce issued to interested parties a preliminary determination with
respect to certain issues in the countervailing duty in vestigation of certain new pneumatic off the road
tires. On 9 April 2012, Commerce issued to inte rested parties a preliminary determination with
respect to certain issues in the countervailing duty investigation of laminated woven sacks. On
18 May 2012, Commerce issued to interested parties a preliminary determination with respect to the
issues of the determination of public bodies and th e use of facts available in the countervailing duty
investigations of circular welded pipe, light-walle d rectangular pipe and tube, certain new pneumatic
off-the-road tires, and laminated woven sacks. On 31 May 2012, Commerce issued to interested
parties a preliminary determination with respect to the issue of "double remedy" in the anti-dumping
and countervailing duty investigations of circular we lded pipe, light-walled rectangular pipe and tube,
certain new pneumatic off-the-road tires, and lami nated woven sacks. Commerce has requested that
interested parties provide comments on those prel iminary determinations and rebuttal comments on
any comments submitted by other interested parties.

On 31 July 2012, Commerce issued to interest ed parties final determinations pursuant to
Section 129(b)(2) of the URAA in connecti on with the anti-dumping and countervailing duty
investigations of circular welded pipe, light-walle d rectangular pipe and tube, certain new pneumatic
off-the-road tires, and laminated woven sacks. U nder the URAA, the US Trade Representative must
consult with Commerce and congressional committees with respect to Commerce's final
determinations. After such c onsultations, the US Trade Representative may direct Commerce to
implement its final determinations.

The United States will continue to consult with interested parties as it works to address the
recommendations and rulings of the DSB.