. /.   WORLD TRADE  
ORGANIZATION  WT/DS217/59 
12 April 2011 
 
 (11-1816) 
 Original:   English 
  
UNITED STATES – CONTINUED DUMPING AND 
SUBSIDY OFFSET ACT OF 2000 
 
Communication from the European Union
 
 
 
 The following communication, dated 8 April 2011, from the delegation of the European Union to the Chairperson of the Dispute Set tlement 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 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 Communities' request (WT/DS217/ 39) made under Article 22.7 of the Understanding 
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 Communities no tified the DSB that it was suspending, as of 
1 May 2005, the application of concessions and re lated obligations under GA TT 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) and will be modified again on 1 May 2011. The relevant Commission 
Regulation (EU) No 311/2011  of 31 March 2011
1 will remove thirty products classified under 30 
codes of the European Union's tariff and statistic al nomenclature from the list of products subject to 
an ad valorem  additional duty of 15 % when originating in the United States of America. The updated 
list is attached. The suspension, which will appl y as from 1 May 2011, covers, over one year, a total 
value of trade that does not exceed USD 9,96 million. 
  USD 9,96 million 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 USD 13,835,324 collected from 
the European Union' exports and disbursed 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 disbursements was identifie d using the CDSOA Annual Report for Fiscal Year 
2010 , published by US Customs and Border Protection on 6 December 2010.2 
  The European Union kindly re quests that the Secretariat circ ulate this notification to the 
Members of the DSB. 
                                                     
 
1 Official Journal of the European Union  L 86 of 1 April 2011, p.51 
2 http://www.cbp.gov/xp/cgov/trade/ priority_trade/add_cvd/cont_dump/cdsoa_10/annual_report/  WT/DS217/59 
Page 2 
 
 
  Products that would be subject to a 15% additional import duty 
as from 1 May 2011 
  
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 
15% 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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