UNITED STATES – CONTINUED DUMPING AND SUBSIDY OFFSET ACT OF 2000 COMMUNICATION FROM JAPAN
Document: COMMUNICATION FROM
Date: 20 August 2014
Document codes: WT/DS217/66; 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 following communication, dated 18 August 201 4, from the delegation 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 the list indi cating 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 (WT/ DS217/48). 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 ().

For the tenth year starting from 1 September 20 14, Japan's level of authorization established
through arbitration under Article 22.6 of the DSU was found to be marginal, representing 72 per
cent of US$2,765.00 collected from Japan's exports and disbursed to US companies in the
distribution under the Continued Dumping and Subsidy Offset Act of 2000 for the most recent year
for which data are available. The amount of relevant disbursements was identified based on the
CDSOA Annual Report for Fiscal Year 2013, published by US Customs and Border Protection on
15 January 2014.

Accordingly, no suspension of concessions or othe r obligations in the form of the imposition of
additional import duties will be applied by Japan for the tenth year. As Japan acknowledges that
the considerable amount remains undisbursed and the United States might execute another round
of disbursements to its domestic companies under the CDSOA after this year, Japan retains its
rights under Article 22.7 of the DSU. Further, Japan's decision not to suspend concessions and
related obligations for the tenth year does not mean in any sense that Japan accepts the
contention of the United States that its measure found to be inconsistent with the covered
agreements has been removed within the meaning of Article 22.8 of the DSU.