UNITED STATES – CONTINUED DUMPING AND SUBSIDY OFFSET ACT OF 2000 COMMUNICATION FROM JAPAN
Document: COMMUNICATION FROM
Date: 4 December 2017
Document codes: WT/DS217/72; 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 f ollowing communication, dated 30 November 2017, from the del egation 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 indicating the level of additional import duties on
the selected products, prior to the entry into force of a level of suspension of conc essions 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 (). 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(), th e fifth year starting from 1 September 2009 (), the sixth
year starting from 1 September 2010 (), the seventh year starting fr om
1 September 2011 (), the eighth year starting from 1 September 2012
() and the nint h year starting from 1 September 2013 (). Japan
notified the DSB that no suspension of concessions or other obligations in the form of the
imposition of additional import duties would be applied by Japan for the tenth year, the eleventh
year and the twelfth year, while it retains its rights under Article 22.7 of the DSU as it
acknowledges that the considerable amount remains undisbursed and the United States might
execute another round of disbursements to its domestic companies under the Continue d Dumping
and Subsidy Offset Act of 2000(CDSOA).

Japan acknowledges the amount of relevant disbursements to US companies which was identified
in the CDSOA Annual Report for Fiscal Year 2016, published by US Customs and Border Protection.
However, considering circumstances including the current structure of Japan 's relevant domestic
industries, Japan continues its non -application of the suspension of concessions or other
obligations in the form of the imposition of additional import duties. As Japan acknow ledges that
the United States might execute another round of disbursements to its domestic companies under
the CDSOA, Japan retains its rights under Article 22.7 of the DSU. Further, Japan 's decision not to
suspend concessions and related obligations 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.