On 22 August 2016, Japan notified the WTO (see Doc. WT/DS217/70) that it will continue to suspend retaliatory duties against certain U.S. products. The retaliatory tariffs were authorized by the WTO after it found the U.S. Continued Dumping and Subsidy Offset Act of 2000 (“CDSOA,” more commonly referred to as the “Byrd Amendment”) violated WTO rules. The Byrd Amendment was eventually repealed but disbursements to domestic producers under it continue for some pre-2007 cases (US$89 million in FY 2015). Japan charged the retaliatory duties until 2014. However, since 2014 Japan’s level of authorization established through arbitration under Article 22.6 of the WTO Understanding on Rules and Procedures Governing the Settlement of Disputes (“DSU”) would be marginal. Japan has reserved the right to reimpose the retaliatory tariffs should the level of Byrd disbursements increase in the future. Retaliatory duties were also authorized for the EU, Canada and Mexico. The EU continues to impose retaliatory duties on four U.S. products
