. /.  WORLD TRADE  
ORGANIZATION  WT/DS313/1 
G/L/682 
G/ADP/D55/1 8 July 2004 
 
 
(04-2927) 
 Original:   English 
  
 
EUROPEAN COMMUNITIES – ANTI-DUMPING DUTIES ON 
CERTAIN FLAT ROLLED IRON OR NON-ALLOY STEEL PRODUCTS 
FROM INDIA 
 
Request for Consultations by India
 
 
 
 The following communication, dated 5 July 2004, from the delegation of India to the delegation of the European Communities and to the Chairperson of the Dispute Settlement Body, is 
circulated in accordance with  Article 4.4 of the DSU. 
 
_______________ 
 
  My authorities have instructed me to request  consultations with the European Communities 
(EC) pursuant to Article 4 of the Understanding on Rules and Procedures Governing the Settlement of 
Disputes, Article XXIII of the General Agreem ent on Tariffs and Trade 1994 (GATT 1994) and 
Article 17 of the Agreement on Implementation of Article VI  of GATT 1994 ("Anti-Dumping 
Agreement" or "ADA") regarding the European  Commission Decision No. 283/2000/ECSC of 
4 February 2000 imposing definitive anti-dumping measu res on imports of certain flat rolled products 
of iron or non-alloy steel, of a width of 600 mm or more, not clad, plated or coated, in coils, not 
further worked than hot-roll ed ("HR Coils") from India. 
 2. The EC initiated anti-dumping proceedings against the imports of HR Coils from India by 
publishing a notice of initiation in January 1999.  Definitive anti-dumping duties were imposed by EC 
vide Commission Decision No. 283/2000/ECSC of 4
th February 2000.   
 
3. The Government of India considers that th e ongoing measures being maintained against HR 
Coils from India are in violation of the EC's obligations under GATT 1994 and Article 9.2 of the 
Anti-Dumping Agreement. The undi sputed facts are as follows: 
 
• On 4 February 2000 and by Decision No.  283/2000/ECSC the Commission imposed 
definitive anti-dumping duties on imports into the Community of HR Coils 
originating in India, Bulgaria, South Africa, Taiwan and Yugoslavia.   
• On 20 December 2001 the Commission initiated a new anti-dumping proceeding in 
respect of HR Coils originating in Iran, Libya, Hungary, Egypt, Slovakia and Turkey.   
• On 21 February 2003 the Commission issued a proposal for a Council Regulation 
(COM 2003 84 final) imposing definitive anti-dumping duties on imports of HR 
Coils originating in Egypt, Slovakia and Turkey. 
• On 20 March 2003, the original anti-dump ing investigation initiated on 20 December 
2001 in respect of HR Coils originating in Egypt, Slovakia, Turkey, Libya, Iran and WT/DS313/1 
G/L/682 G/ADP/D55/1 
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Hungary, lapsed without imposition of meas ures due to a failure by the Council to 
adopt the Commission's proposal within the necessary time limits. 
4. The resulting situation is that anti-dumping me asures are in force against imports into the 
Community of HR Coils from India, yet no measures are in force against imports of HR Coils (the 
same product concerned) from Egypt, Slovakia and Turkey, notwithstanding that the products 
imported from the latter three countries were f ound by the Commission to be dumped and causing 
injury to the Community industry and that the Commi ssion also considered it to be in the Community 
interest to impose measures against them.  5. This causes discrimination  contrary to Article 9.2 of the ADA which requires that an anti-
dumping duty shall be collected on a non-discriminatory basis on imports of the product from all sources found to be dumped and causing injury.   
 
6. The Government of India considers that anti-dumping measures on imports of HR Coils from India also violate certain other provisions of the ADA, including, but not limited to, the following:   (a) Article 3, especially Articles 3.4 and 3.5; 
 (b) Article 4.1 
 7. The Government of India reserves its right to  raise further factual claims and legal issues 
during the course of the consultations.  8. We look forward to receiving your reply to  the present request and to fixing a mutually 
convenient date for consultations. 
 
__________