UNITED STATES – CONTINUED DUMPING AND SUBSIDY OFFSET ACT OF 2000
Document: Understanding between Australia and the United States
Date: 6 January 2005
Document codes: WT/DS217/44
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

Understanding between Australia and the United States

 The following communication, dated 23 December 2004, from the delegation of Australia and
the delegation of the United States to the Chairpers on of the Dispute Settlement Body, is circulated at
the request of those delegations.

 Australia and the United States would like to inform the Dispute Settlement Body of the
attached "Understanding between Australia and the United States" with respect to the dispute, (WT/DS217).

 We ask that you please circulate this notifica tion to the Members of the Dispute Settlement
Body.

Understanding between Australia and the United States

 Noting that the United States has informed th e Dispute Settlement Body (DSB) that it will
continue to work to bring the Continued Dumpin g and Subsidy Offset Act of 2000 into conformity
with its WTO obligations,

 Our two governments have reached the following understanding with regard to this dispute:

1. Australia will not in this dispute at this stage request authorizatio n from the DSB to suspend
concessions or other obligations pursuant to Article 22.2 of the Understanding on Rules and
Procedures Governing the Settlement of Disputes (DSU).

2. If Australia at some future date decides to request DSB authorization to suspend concessions
or other obligations under Article 22.2 of the DS U, it will provide the United States advance notice
and will consult with the United States before making such a request.

3. Australia will retain its right to be grante d DSB authorization to suspend concessions or other
obligations pursuant to Article 22.6 of the DSU at any future date and the United States will not seek
to block Australia’s request for DSB authorization regardless of the timing of this request.

4. The United States retains the right to object to the level of suspension proposed, or to claim
that the principles and procedures set forth in Article 22.3 of the DSU have not been followed, and to
have the matter referred to arbitration under Article 22.6 of the DSU.

5. Australia and the United States agree to request jointly the adoption by the DSB of the draft
decision attached to this Understanding at its meeting on 25 January 2005.

Signed:

H.E. Mr David Spencer H.E. Ms Linnet F. Deily
Ambassador Ambassador
Permanent Representative of Australia Perm anent Representative of the United States

Draft Decision of the DSB

 The DSB takes note of the Understanding reach ed between Australia and the United States
and agrees that, upon a request by Australia, the DSB shall grant Australia authorization to suspend
concessions or other obligations unless (i) the DSB decides by consensus not to do so or (ii) the
United States objects to the level of suspension propo sed or claims that the principles and procedures
in DSU Article 22.3 have not been followed, refe rring the matter to arbitration under Article 22.6 of
the DSU.