UNITED STATES – ANTI-DUMPING ACT OF 1916

Request for the Establishment of a Panel by Japan

            The following communication, dated 3 June 1999, from the Permanent Mission of Japan to the Chairman of the Dispute Settlement Body, is circulated pursuant to Article 6.2 of the DSU.

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           On 10 February 1999, the Government of Japan requested consultations with the Government of the United States, pursuant to Article XXII of the General Agreement on Tariffs and Trade 1994 (GATT 1994), Article 4 of the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU) and Article 17 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).

            On 17 March 1999, the Government of Japan and the Government of the United States held consultations in Geneva.  These consultations allowed for a better understanding of the respective positions, but failed to settle the dispute on this matter in a satisfactory manner.

            Therefore, the Government of Japan hereby requests that a panel be established with the standard terms of reference provided for in Article 7.1 of the DSU at the next meeting of the Dispute Settlement Body (DSB), pursuant to Article XXII of GATT 1994, Articles 4 and 6 of the DSU and Article 17 of the Anti-Dumping Agreement regarding the United States Anti-Dumping Act of 1916, and that the Panel consider and find that the United States Anti-Dumping Act of 1916 is neither consistent with nor justified by the following relevant provisions: