  
  
WT/DS217/79  
 
4 October  2021 
(21-7398) Page: 1/1 
  Original: English  
 
UNITED STATES – CONTINUED DUMPING AND  
SUBSIDY OFFSET ACT OF 2000  
COMMUNICATION FROM JAPAN  
The following communication, dated 30 September 2021 , was received from the delegation of Japan  
with the request that it be circulated to the Dispute Settlement Body (DSB).  
 
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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 Procedur es 
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), and the sixteenth year (WT/DS217/78), while Japan would retain 
its right s 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 dis bursements to US companies which were identified in the CDSOA Annual 
Report for Fiscal Year 2020, 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.  
 
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