UNITED STATES – CONTINUED DUMPING AND
SUBSIDY OFFSET ACT OF 2000
Communication from japan
The following communication, dated 30 September 2022, was received from the
delegation of Japan with
the request that it be circulated to the Dispute Settlement Body (DSB).
_______________
On 26 November, 2004 the Dispute
Settlement Body ("DSB") granted authorisation 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 (WT/DS217/ARB/JPN). The authorisation 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")
(WT/DS217/24). In that request, Japan undertook to notify the DSB every year of
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 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 (WT/DS217/50), the third year starting from 1 September, 2007 (WT/DS217/52),
the fourth year starting from 1 September, 2008 (WT/DS217/54), the fifth year
starting from 1 September, 2009 (WT/DS217/56), the sixth year starting from 1
September 2010 (WT/DS217/58), the seventh year starting from 1 September, 2011
(WT/DS217/60), the eighth year starting from 1 September, 2012 (WT/DS217/62),
and the ninth year starting from 1 September, 2013 (WT/DS217/64).
Japan notified 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 (WT/DS217/66), the
eleventh year (WT/DS217/68), the twelfth year (WT/DS217/70), the thirteenth
year (WT/DS217/72), the fourteenth year (WT/DS217/74), the fifteenth year
(WTO/DS217/76), the sixteenth year (WT/DS217/78), and the seventeenth year
(WT/DS217/79) while Japan would retain its rights under Article 22.7 of the DSU
as long as an undisbursed amount remains and the United States executes another
round of disbursements to its domestic companies under the Continued 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 2021, published by US Customs and Border Protection (CBP). However,
considering the marginal amount of disbursement, Japan continues its
non-application of the suspension of concessions or other obligations in the
form of the imposition of additional duties. For the reason explained above
with regard to the possibility of execution by the United States of 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.