. /.  WORLD TRADE  
ORGANIZATION   
WT/DS217/61 
10 May 2012 
 (12-2507) 
 Original:   English 
 
UNITED STATES – CONTINUED DUMPING AND 
SUBSIDY OFFSET ACT OF 2000 
 
Communication from the European Union 
   The following communication, dated 7 May 2012, from the delegation of the European Union 
to the Chairperson of the Dispute Settlement Body, is  circulated at the request of that delegation. 
_______________ 
 
 
 On 26 November 2004, the Dispute Settlement Body ("DSB") granted authorization to the 
European Communities to suspend concessions and related obligations under the General Agreement 
on Tariff and Trade 1994 ("GATT 1994") in accordan ce 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 Communities request (WT/DS217/39) made under Article 22.7 of the Understanding on Rules and Proce dures 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 Communities notif ied 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 the United Stat es of America (WT/DS217/47). The list of products 
subject to this suspension of concessions w as 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). The relevant Commission Implementing Regulation (EU) No 308/2012 of 11 April 2012 (attached) maintains unchanged the list 
of products subject to retaliation. On the other hand, the rate of additional duty to which those 
products are subjected decreases from 15% to 6% in order to adjust to the level of retaliation.  
The updated list is attached. The suspension, which applies as from 1 May 2012, covers, over 
one year, a total value of trade that does not exceed USD 3 241 000. 
 
 USD 3 241 000 is the European Union's current level of authorization established 
through arbitration under Article 22.6 of the DSU. It represents 72 per cent  of 4 502 561 USD 
collected from the European Union' exports and dis bursed to US 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 disbursement s was identified using the CDSOA Annual Report for 
Fiscal Year 2011, published by US Customs and Border Protection on 02/1/2012.1 
 
The European Union kindly requ ests that the Secretariat circulate this notification to the 
Members of the DSB. 
                                                      
1"http://www.cbp.gov/linkhandler/cgov /trade/priority_trade/add_cvd/cont_dump/cdsoa_11/2011_annua
l_report/2011_disbursement.ctt/2011_disbursement.pdf " WT/DS217/61 
Page 2  
 
   
Products that would be subject to a 6% additional import duty 
as from 1 May 2012 
The products on which the 15% add itional 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 the 
tariff and statistical nomenclature and on the Common Customs Tariff as amended by Commission 
Regulation (EC) No 493/2005 (OJ L 82, 31.3.2005, p. 1). The product descriptions hereunder are 
given for information purpose only.  
 
Subject to the 6% additional 
import duty 
since 1 May 2005  
 CN codes   
 Description of products 
 0710 40 00 Sweet corn, uncooked or c ooked 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) 
 
 
 
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