UNITED STATES – TARIFF MEASURES ON CERTAIN GOODS FROM CHINA REQUEST FOR CONSULTATIONS BY CHINA
Document: Addendum
Date: 20 September 2018
Document codes: WT/DS543/1/Add.3; G/L/1219/Add.3
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 18 September 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 with 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 finalized tariffs measures that the United States accords to certain goods with the
estimated trade value of approximately $ 200 billion originating from China. This addendum
supplements and does not replace China's request for consultations dated 4 April 2018 1, the
supplemental request for consultations dated 6 July 2018 2 and the supplemental request for
consultations dated 16 July 20183.
Subsequent to the above mentioned request for consultations and supplemental requests for
consultations, the United States published a list of products of Chinese origin 4 on 17 September
2018, as identified in the final tariff list attached to the announcement USTR Finalizes Tariffs on
$200 Billion of Chinese Imports in Response to China's Unfair Trade Practice5, that an additional ad
valorem duty of 10 percent is to be imposed on starting 24 September, 2018 and the level of the
additional ad valorem duty will increase to 25 percent starting 1 January, 2019 . The above
mentioned duties of 10% and 25% are to be only applied to China's products and in excess of the
United States 's bou nd rates in its Schedule of Concessions and Commitments annexed to the
GATT 1994.
The legal documents through which the United States implements this 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, intellectual property and innovation under Section 301 of the Trade Act of 1974.6
3. Actions by the United States Related to the Section 301 Inves tigation of China 's Laws,
Policies, Practices, or Actions Related to Technology Transfer, Intellectual Property, and
Innovation.7

1 The request for consultations was circulated on 5 April 2018 in document WT/DS543/1, G/L/1219.
2 The supplemental request for consultations was circulated on 9 July 2018 in document
WT/DS543/1/Add.1, G/L/1219/Add.1.
3 The supplemental request for consultations was circulated on 17 July 2018 in document
WT/DS543/1/Add.2, G/L/1219/Add.2.
4 https://ustr.gov/sites/default/files/enforcement/301Investigations /Tariff%20List_09.17.18.pdf
5 See https://ustr.gov/about-us/policy-offices/press-office/press-releases/2018/september /ustr-
finalizes-tariffs-200
6 See https://ustr.gov/sites/default/files/Section%20301%20FINAL.PDF
7 See https://www.whitehouse.gov/presidential-actions /presidential-memorandum-actions-united-
states-related-section-301-investigation/
WT/DS543/1/Add.3 • G/L/1219/Add.3

4. Notice of Determination and Request for Public Comment Concerning Proposed
Determination of Action Pursuant to Section 301: Ch ina's Acts, Policies, and Practices
Related to Technology Transfer, Intellectual Property, and Innovation.8
5. Request for Comments Concerning Proposed Modification of Action Pursuant to Section
301: China 's Acts, Policies, and Practices Related to Technology Transfer, Intellectual
Property, and Innovation.9
6. Extension of Public Comment Period Concerning Proposed Modification of Action Pursuant
to Section 301: China 's Acts, Policies, and Practices Related to Technology Transfer,
Intellectual Property, and Innovation.10
7. USTR Finalizes Tariffs on $2000 Billion of Chinese Imports in Response to China 's Unfair
Trade Practices.11
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 the 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 or iginating in the
territories 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 tha t provided for in the United States 's Schedule of Concessions and
Commitments annexed to the GATT 1994.
3. Article 23 of the DSU, because United States 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 States seeks the redress of a violation of obligation or other
nullification or impairment of benefits under the c overed 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]
9 See https://ustr.gov/about-us/policy-offices/press-office/press-releases/2018/july /statement-us-
trade-representative. See also https://ustr.gov/sites/default/files/301 /2018-0026%20China%20FRN%207-10-
2018_0.pdf
10 See https://ustr.gov/sites/default/files/enforcement/301Investigations/2018-16919.pdf. See also
https://www.gpo.gov/fdsys/pkg/FR-2018-08-07/pdf/2018-16919.pdf
11 https://ustr.gov/about-us/policy-offices/press-office/press-releases/2018/september /ustr-finalizes-
tariffs-200