UNITED STATES – ANTI-DUMPING MEASURES ON CERTAIN HOT-ROLLED STEEL PRODUCTS FROM JAPAN
Document: Understanding between Japan and the United States
Date: 8 July 2005
Document codes: WT/DS184/19
Complainant: Japan
Respondent: U.S.
Third parties: Brazil, Canada, Chile, EU, South Korea
Dispute stage: Appellate Body
Agreements cited: Art. 2, 3, 4, 6, 9, 10, 18, Annex I, Annex II  Anti-dumpingArt. VI, X  GATT 1994Art. XVI  Agreement Establishing the World Trade Organization

UNITED STATES – ANTI-DUMPING MEASURES ON
CERTAIN HOT-ROLLED STEEL PRODUCTS FROM JAPAN

Understanding between Japan and the United States

 The following communication, dated 7 July 2005, from the delegation of Japan and the
delegation of the United States to the Chairman of th e Dispute Settlement Body, is circulated at the
request of those delegations.

 Japan and the United States would like to inform the Dispute Settlement Body of the attached
"Understanding between Japan and the United States" with respect to the dispute (WT/DS184).

 We request that you please circulate this notification to the Members of the Dispute
Settlement Body.

Understanding between Japan and the United States of America

 Noting that the United States has informed th e Dispute Settlement Body (DSB) that it will
continue to work to bring its anti-dumping measures on certain hot-rolled steel products from Japan
into conformity with its WTO obligations,

 Our two governments have reached the followi ng understanding with re gard to the dispute

 Japan will not at this stage request authori zation 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).

1. If Japan at some future date decides to re quest 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.

2. Japan retains its right to be granted DSB authorization to suspend concessions or other
obligations pursuant to Article 22.6 of the DS U at any future date and the United States will
not seek to block Japan’s request for DSB aut horization on the grounds that such DSB action
would not be within the time period set out in the first sentence of Article 22.6 of the DSU.

3. 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.

4. Japan 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 20 July 2005.

 (signed) (signed)
 Mr Ichiro Fujisaki Mr David Shark
 Ambassador Chargé d'affaires, a.i.
 Permanent Representative of Japan Pe rmanent Mission of the United States

Draft Decision of the DSB

 The DSB takes note of the Understanding r eached between Japan and the United States and
agrees that, upon a request by Japan, the DSB shall grant Japan authorization to suspend concessions
or other obligations unless (i) the DSB decides by c onsensus not to do so or (ii) the United States
objects to the level of suspension proposed or cl aims that the principles and procedures in DSU
Article 22.3 have not been followed, referring the matter to arbitration under Article 22.6 of the DSU.