. /.  WORLD TRADE  
ORGANIZATION   
WT/DS397/15 
13 July 2012  
 
(12-3772) 
 Original:   English 
  
 
EUROPEAN COMMUNITIES – DEFINITIVE ANTI-DUMPING MEASURES 
ON CERTAIN IRON OR STEEL FASTENERS FROM CHINA 
 
Status Report by the European Union 
 
 
 The following communication, dated 12 July 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.  
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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 - Definitive 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  WTO 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"), on 7 February 2012, the European Commission submitted to the European 
Parliament and to the Council of the European Un ion a proposal for the amendment of this provision 
necessary to implement those recommendations and rulings. The amendment was adopted by both the 
European Parliament and the Council of the European Union. The legislative procedure is expected to 
be concluded with the publication of the amendmen t in the Official Journal of the EU in early 
September 2012. The amendment will enter 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 definitive 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 Offici al Journal of the European Union on 6 March 2012 WT/DS397/15 
Page 2  
 
  (the "Notice") (OJ C 66, 6.3.2012, p. 29). The par ties 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: appli cation of Article 9(5) of the basic AD Regulation 
in the original investigation, certain aspects of th e dumping determination, the definition of the Union 
industry, the consideration of the volume of dumpe d imports, the causation analysis, the treatment of 
certain confidential information, 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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