UNITED STATES – CONTINUED DUMPING AND
SUBSIDY OFFSET ACT OF 2000
Communication from japan
The following communication, dated 22 September 2023, 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), the seventeenth year
(WT/DS217/79), and the eighteenth year (WT/DS217/82) 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 2022, 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.