. /.  WORLD TRADE  
ORGANIZATION   
WT/DS397/15/Add.2 
18 September 2012 
 (12-5002) 
 Original:   English 
  
 
EUROPEAN COMMUNITIES – DEFINITIVE ANTI-DUMPING MEASURES 
ON CERTAIN IRON OR STEEL FASTENERS FROM CHINA 
 
Status Report by the European Union 
 
Addendum 
 
 
 The following communication, dated 17 Sept ember 2012, from the delegation of the 
European Union to the Chairperson of the Dis pute Settlement Body, is circulated pursuant to 
Article 21.6 of the DSU. 
 
_______________ 
 
 
Status Report Regarding Implementation of the 
DSB Recommendations and Rulings in the Dispute 
European Communities – Definitive Anti-Dumping Measures 
on Certain Iron or Steel Fasteners from China 
(WT/DS397) 
 
 
The European Union submits this report in acco rdance with Article 21.6 of the Understanding 
on Rules and Procedures Governing the Settlement of Disputes ("DSU").  
 
On 28 July 2011, the Dispute Settlement Bo dy ("DSB") adopted its recommendations and 
rulings in the dispute European Communities - De finitive Anti-Dumping Measures on Certain Iron or 
Steel Fasteners from China (WT/DS397). In its communication of 18 August 2011, the European 
Union notified the DSB that it intends to implement the recommendations and rulings of the DSB in this dispute in a manner that respects its WT O obligations. On 19 January 2012 China and the 
European Union agreed that the reasonable period of time for the European Union to implement the 
recommendations and rulings of the DS B would expire on 12 October 2012.  
 
Regarding the recommendations and rulings of th e DSB relating to Article 9(5) "as such" of 
the Council Regulation (EC) No 1225/2009 of 30  November 2009 on protection against dumped 
imports from countries not members of the European Community (OJ L 343, 22.12.2009, p. 51, the "Basic AD Regulation"), the amendment of th is provision necessary to implement those 
recommendations and rulings was published in the Official Journal of the EU on 3 September 2012 
(Regulation (EU) No 765/2012, L 237, 3.9.2012, p.1). The amendment entered into force 3 days after publication.  
Regarding the recommendations and rulings of the DSB relating to Council Regulation 
(EC) No 91/2009 of 26 January 2009 imposing a defi nitive anti-dumping duty on imports of certain 
iron or steel fasteners originating in the People's Republic of China (OJ L 29, 31.1.2009, p.1), a 
review was initiated by the publication of a Notice in  the Official Journal of the European Union on WT/DS397/15/Add.2 
Page 2  
 
  6 March 2012 (the "Notice") (OJ C 66, 6.3.2012, p.29). The parties were informed of the steps 
envisaged by the European Commission in order to  implement those recommendations and rulings 
with regard to the following aspects of the original investigation: application of Article 9(5) of the 
basic AD Regulation in the original investigation, certain aspects of the dumping determination, the 
definition of the Union industry, the considera tion of the volume of dumped imports, the causation 
analysis, the treatment of certain confidential in formation, as well as any other recommendations and 
rulings.   
The relevant procedures on the basis of the Notice are on-going and are expected to be 
finalized in the near future.   
 
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