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WT/DS162/R/Add.1 Page 61


Japan notes, in addition, that the Panel correctly points out that the 1916 Act is listed as an antidumping measure in the US government's "Overview and Compilation of U.S. Trade Statutes".  The inclusion and explanation of the 1916 Act in the US government's Overview is telling.219  The Overview is prepared for the US House of Representatives by the US Government Printing Office.  The text of the 1916 Act is included in Section A, "Authorities to respond to foreign subsidy and dumping practices", of Chapter 9, "Trade Remedy Laws".220  Of even greater relevance to the present proceeding is the discussion of the 1916 Act in Chapter 2 of the Overview.  There, the Overview cites three provisions of US law which address dumping practices.  The 1916 Act and Title VII of the Tariff Act of 1930 are two of the three.


According to Japan, this serves as a clear statement of the nature of the 1916 Act.  In the words of the US government, the 1916 Act regulates "dumping practices" or "international price discrimination, whereby goods are sold in one export market (such as the United States) at prices lower than the prices at which comparable goods are sold in the home market of the exporter."221  Japan cannot imagine how the United States possibly can try to explain away this clear statement.


In response to a question of the Panel regarding the fact that the 1916 Act figures both in the "Compilation of Selected Antitrust Laws" of 20 December 1994 and in the "Overview and Compilation of U.S. Trade Statutes" of 4 August 1995, the United States notes that the Committee on the Judiciary of the US House of Representatives periodically issues a Compilation of Selected Antitrust Laws.  It has done so in 1950, 1959, 1965, 1978 and, most recently, 1994.  The 1994 compilation is an official document of the House Judiciary Committee, and it includes an Introduction by the Chairman of the House Judiciary Committee describing it as "a reference source for the official text of our Nation's antitrust laws."  It also expressly lists the 1916 Act as one of the "principal" antitrust laws.  


The United States notes that the House Judiciary Committee is the same committee that is responsible for the "[r]evision and codification of the Statutes of the United States" under Rule 10 of the Rules of the US House of Representatives and for the supervision of the work of the Office of the Law Revision Counsel regarding the placement of laws in their proper titles of the US Code, as set out in section 285 of title 2 of the US Code (2 U.S.C. § 285).  The 1916 Act has been placed in title 15 of the US Code, along with the United States' other antitrust laws.


With regard to the Overview and Compilation of U.S. Trade Statues, the United States notes that, on its cover, this compilation explains that it has been "[p]repared for the use of Members of the Committee on Ways and Means [of the US House of Representatives] by members of its staff."  It adds that "[t]his document has not been officially approved by the committee and may not reflect the views of its Members."  The Ways and Means Committee staff has prepared this unofficial compilation biannually since 1987, with the most recent unofficial compilation being issued on 25 June 1997 (without relevant amendments to the 1995 unofficial compilation).  As the Panel notes, this unofficial compilation does list the 1916 Act as a trade statute.  The United States also notes, however, that, on page 63, the unofficial compilation describes the 1916 Act in relation to the United States' first antidumping law, enacted in 1921222, which forms the basis of the United States' current antidumping law.  The unofficial compilation states that the two statutes address "different types of dumping practices."223  In other words, unlike the United States' antidumping law, the

219 Japan refers to the Overview and Compilation of US Trade Statutes, pp. X, 65 and 519.

220 Japan refers to ibid., pp. X and 519.

221 Japan refers to ibid., p. 65.

222 The United States refers to the Antidumping Act of 1921, 19 U.S.C. §§ 160-71 (repealed).

223 The United States refers to the Overview and Compilation of US Trade Statutes (emphasis added by the United States).

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