united states – anti-dumping act of 1916
Request for Consultations by Japan
The
following communication, dated 10 February 1999, from the Permanent Mission of
Japan to the Permanent Mission of the United States and the Chairman of the
Dispute Settlement Body, is circulated in accordance with Article 4.4 of the
DSU.
_______________
Upon
instructions from my authorities, I hereby wish to convey the request of the
Government of Japan for consultations with the Government of the United States
of America pursuant to Article 4 of the Understanding on Rules and Procedures
Governing the Settlement of Disputes (DSU), Article XXII:1 of the General
Agreement on Tariffs and Trade 1994 (GATT 1994) and Article 17.2 of the
Agreement on Implementation of Article VI of the General Agreement on Tariffs
and Trade 1994 (Anti-Dumping Agreement) regarding the United States
Anti-Dumping Act of 1916, 15 U.S.C.72 (1994) (originally enacted as part of the
Act of September 8, 1916, Pub. L. No.
64-271, 39 Stat. 756) (US 1916 Act).
The
US 1916 Act stipulates to the effect that the importation or sales of imported
goods within the US market in certain circumstances shall be unlawful,
constituting a criminal offence, as well as being subject to a civil
lawsuit. Judicial decisions under the US
1916 Act are made without the procedural safeguards provided for in the
Anti-Dumping Agreement. It should be
noted that a court action was brought and is presently underway under the US
1916 Act against the affiliates of Japanese companies.
The
Government of Japan is concerned about the consistency of the US 1916 Act with
the WTO Agreement, including Articles III, VI and XI of the GATT 1994 and the
Anti-Dumping Agreement.
The
Government of Japan reserves the right to raise additional claims on legal
issues and any other matters regarding the US 1916 Act during the course of the
consultations.
We
look forward to receiving your reply to this request for consultations and to
fixing a mutually acceptable date for the consultations.