WT/DS217/71  
 
17 May 201 7 
(17-2626) Page:  1/2 
  Original: English  
 
 UNITED STATES – CONTINUED DUMPING AND  
SUBSIDY OFFSET ACT OF 2000  
COMMUNICATION FROM T HE EUROPEAN UNION  
The f ollowing communication, dated 1 1 May 2017, from the del egation of the European Union  to 
the Chairperson of the Dispute Settlement Body, is circulat ed at the request of that delegation.  
 
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On 26 November 2004, the Dispute Settlement Body ("DSB") granted authorization to the 
European Union to suspend concessions and related obligations under the General Agreement on 
Tariff and Trade 199 4 ("GATT 1994") in accordance with the decision of the Arbitrator in United 
States - Continued Dumping and Subsidies Offset Act of 2000 . The authorization was made 
pursuant to the European Union request (WT/DS217/39) made under Article 22.7 of the 
Understa nding on Rules and Procedures Governing the Settlement of Disputes ("DSU"). In that 
request, the European Communities undertook to notify the DSB every year the list of products on 
which the additional import duty would apply, prior to the entry into force  of a level of suspension 
of concessions.  
On 29 April 2005, the European Union notified the DSB that it was suspending, as of 1  May 2005, 
the application of concessions and related obligations under GATT 1994 on imports of certain 
products originating in t he United States of America (WT/DS217/47). The list of products subject 
to this suspension of concessions was modified on 1 May 2006 (WT/DS217/49), on 1 May 2007 
(WT/DS217/51), on 1 May 2008 (WT/DS217/53), on 1 May 2009 (WT/DS217/55), on 1 May 2010 
(WT/DS 217/57), on 1 May 2011 (WT/DS217/59), on 1 May 2012 (WT/DS217/61), on 1 May 2013 
(WT/DS217/63), on 1  May 2014 (WT/DS217/65), on 1 May 2015 (WT/DS217/67) and on 
1 May 2016 (WT/DS217/69). The relevant Commission Delegated Regulation (EU) 2017/570 of 
24 Febru ary 2017  (OJ L113/12, 29 April 2017) maintains unchanged the list of products subject to 
retaliation. On the other hand, the rate of additional duty to which those products are subjected 
increases to 4,3% in order to adjust to the level of retaliation.  
The updated list is attached. The suspension, which applies as from 1 May 2017, covers, over one 
year, a total value of trade that does not exceed USD 8  165 179. 
The amount of USD  USD 8  165 179 is the European Union's current level of authorization 
establish ed through arbitration under Article 22.6 of the DSU. It represents 72 percent  of 
USD 11 340 526 collected from the European Union' exports and disbursed to U.S. companies in 
the distribution under the Continued Dumping and Subsidy Offset Act of 2000  for the most recent 
year for which data are available. The amount of relevant disbursements was identified based on 
the CDSOA Annual Report for Fiscal Year 2016, published by U.S. Customs and Border Protection 
on 12 November 2015, and additionally on the basis of updated annual disbursement reports for  
2011, 2012, 2013, 2014 and 2015, published by U.S. Customs and Border Protection  on 
24 June 2016.  
The European Union kindly asks the Secretariat to circulate this notification to the Members of the 
DSB. WT/DS217/71  
 
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Produc ts subject to a 4,3% additional import duty  
as from 1 May 2017  
The products on which the 4,3% additional import duty would apply are those classified under the 
listed eight -digit CN codes, as provided in annex I to Council Regulation (EEC) No. 2658/87 on t he 
tariff and statistical nomenclature and on the Common Customs Tariff as replaced by Commission 
Regulation (EC) No 1810/2004 (OJ L 327, 30.10.2004, p. 1). The product descriptions hereunder 
are given for information purpose only.  
 
 
Subject to the 
4,3% ad ditional 
import duty as 
from 1 May 2017   
 
CN codes   
 
Description of products  
  
0710 40 00   
Sweet corn, uncooked or cooked by steaming or by boiling in 
water, frozen  
9003 19 30  Frames and mountings for spectacles, goggles or the like, of base 
metal  
8705 10 00  Crane lorries (excl. breakdown lorries)  
6204 62 31  Women or girls ' cotton denim trousers and breeches  
 
 
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