COMMISSION STAFF WORKING DOCUMENT

Accompanying the document

REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT

TENTH REPORT OVERVIEW OF THIRD COUNTRY TRADE DEFENCE ACTIONS AGAINST THE EUROPEAN UNION FOR THE YEAR 2012

Annex I – Trends and main cases by country

1. United States

1.1. Overall trends

With 18 measures at the end of 2012 (17 anti-dumping measures and 1 countervailing measure), the US is the country with the second highest number of trade defence measures in force against the EU. The US initiated one new investigation.

With regard to the WTO 'zeroing' disputes, the EU was successful in both its disputes (WT/DS294 and WT/DS350) in 2011. In February 2012, the US and EU reached an understanding (roadmap) to settle these disputes.

1.2. Main cases

a) Zeroing: Implementation of the new US methodology

For several years, zeroing proved to be the most important and intractable TDI issue with the US. It is recalled that zeroing is a practice whereby non-dumped transactions are disregarded in the calculation of the dumping margin, often resulting in artificially inflated duties. The EU challenged this practice in two WTO dispute settlement cases and, although the WTO rulings were in favour of the EU in both cases, the US took some time to comply with the said rulings.

On 6 February 2012, the US and the EU reached an understanding (roadmap) to settle the zeroing disputes. The US had already abolished zeroing in new investigations in 2007 and the roadmap now extends this removal of the use of zeroing to reviews.

As part of this understanding, the US published a new methodology for calculating margins in reviews on 14 February 2012 and this methodology should apply to all reviews for which the preliminary results are issued after 16 April 2012. Under this methodology, the USDOC will normally calculate dumping margins in reviews by using an average-to-average comparison with "offsets" of non-dumped comparisons, thus removing zeroing. In sunset reviews, the USDOC will no longer be able to rely on zeroed margins as a justification for making a finding that dumping will continue or recur.

In addition, on 26 March the US announced the preliminary results of the "Section 129" reviews for seven anti-dumping orders. These reviews were carried out in order to remove zeroing from applied duties ("cash deposit") of a number of EU exporters. The USDOC seems to apply the methodology correctly and has consequently reduced many of the dumping margins created by zeroing to 0%. The final findings were announced on 6 June and confirmed the preliminary results. Furthermore, USDOC began to apply the new methodology to a number of on-going anti-dumping reviews.

This understanding is a great step forward from the EU's point of view as it removes zeroing from the "normal" calculation of dumping in reviews, which determine about 90% of the amount of anti-dumping duty actually collected. So far the US satisfied the steps envisaged in this roadmap.

However, since the methodology leaves open the possibility of the US occasionally employing a different method of comparison to the average-to-average "default" method (in case targeted dumping is found) US petitioners are now systemically requesting the USDOC to make targeted dumping findings in administrative reviews, so that zeroing can be re-applied in such cases.

Therefore, the Commission will continue to closely monitor the application by the US of its new methodology in order to ensure that zeroing is consistently eliminated from dumping calculations in all future reviews. The first batch of reviews completed during the first year of the roadmap indicates that US recourse to the targeted dumping exception is rather too frequent (it has been used in 3 out of the first 7 reviews conducted).

b) Small diameter graphite electrodes from China: anti-circumvention investigation concerning a UK company (UKCG)

In 2008, the US introduced anti-dumping duties against imports of small diameter graphite electrodes from China. In the request to initiate the first administrative review, the petitioners included not only companies exporting from China but also a producer of the product concerned located in the UK (UKCG). The Department of Commerce turned down this attempt to widen the scope of the measure.

Thus, the petitioners lodged a request for an anti-circumvention investigation, limited to UKCG, claiming that the company is circumventing the measures in force against China by finishing the Chinese products in UK and shipping them – with UK origin – to the US. The submissions of the EU company concerned rebutting these allegations did not convince the Department of Commerce, which decided to open the anti-circumvention investigation on 18 March 2011. Although such proceedings should normally be concluded in no more than 300 days, the DOC published the final determination only on 9 August 2012 referring to staff shortage issues due to the strict deadlines on the above mentioned "Section 129" reviews.

There were several problems with the way the conclusions of the investigation were drawn but the most significant was that the USDOC was proposing to make imports from UKCG subject to anti-dumping duties without having established whether the imports in question are dumped. Despite the Commission's interventions and close coordination with UKCG as well as the UK Embassy in Washington, USDOC, in its final determination, found that the company was indeed circumventing the measures in force against China and the company is now subject to Chinese rate of duty. The USDOC finding has been challenged in the US Court of International Trade.

c) New anti-dumping investigation: Xanthan gum from Austria (and China)

Following the opening of 3 new investigations concerning EU exporters in 2007, the US did not initiate any TDI proceedings until 2012. In this year a new case concerning the imports of xanthan gum was opened. Preliminary anti-dumping duties were proposed on 9 January 2013. Zeroing was not applied at this stage. The Commission is closely following the case.

d) Lightweight Thermal Paper from Germany: Use of adverse facts available

On 11 December 2012, USDOC imposed a preliminary anti-dumping duty of 75.36% on imports from Koehler AG, on the basis of adverse facts available. This case has raised a number of concerns and will be closely followed in 2013.

2. China

2.1. Overall trends

China continued to actively use trade defence instruments against the EU in 2012: the number of initiations doubled as compared to 2011, as there were 3 new anti-dumping proceedings and 1 new anti-subsidy proceeding initiated against EU exports.

Once again, the trend of imposing definitive measures in all of the trade defence investigations initiated by China continued. In 2012 definitive anti-dumping duties were imposed in 2 proceedings, plus an additional anti-dumping duty in another proceeding which then became definitive in early January 2013. As a result, the total number of anti-dumping measures imposed by China against the EU is currently 15, plus 1 definitive countervailing duty against EU exports.

These numbers show that (i) the increase in the initiation of new proceedings targeting the EU continues; (ii) the definitive measures imposed against EU products continue to increase; (iii) there has not been one single trade defence proceeding initiated by China that has not resulted in the imposition of definitive measures to date since China starting using actively the instruments against the EU in 2008.

Furthermore, China continues to use the practice of 'mirror' cases, cases when the investigation targets the same EU producers who requested for the launch of an anti-dumping investigation in the EU against Chinese imports of a similar product.

2.2. Main cases

China initiated two new anti-dumping investigations in 2012 in the chemical sector (toluene diisocyanate and toluidine) and one combined anti-dumping and anti-subsidy investigation against polysilicon from the EU. Definitive anti-dumping measures were imposed against imports of photographic paper, certain stainless steel seamless tubes, and ethylene glycol monobutyl ether.

a) Polysilicon: the latest example of retaliation

This is the second anti-subsidy proceeding initiated by China against the EU (the other concerned potato starch) and the first combined anti-dumping and anti-subsidy proceeding initiated simultaneously (in potato starch anti-dumping duties had already been imposed before the anti-subsidy proceeding). The two proceedings were initiated at the same time on 1 November 2012. Exports of EU polysilicon to China were well over $ 800 million in 2011, mainly from Germany.

As regards the subsidy allegations, they concern two German programmes and target one large EU exporter. In addition, there are allegations concerning lending granted by the European Investment Bank ('EIB') to this main targeted EU exporter. The Commission is fully cooperating in the investigation and is coordinating the replies also on behalf of the German government and the EIB. The Commission has expressed its doubts on the countervailability of the alleged programmes. There are also strong doubts on the solidity of the injury picture and especially of the causal link between the purported injury suffered by the Chinese industry and the EU exports.

There have been persistent rumours in the press that this Chinese case has been initiated in retaliation against the initiation of trade defence proceedings by the EU on imports of solar panels from China. While the Commission is still analysing the technical aspects of the case and there has been no decision yet by the Chinese authorities, it is an interesting coincidence that this proceeding concerns a major raw material used to manufacture solar panels and that it has been initiated at the same time as the initiation of the EU anti-subsidy proceeding on imports of Chinese solar panels.

The Commission also noted that interestingly the Chinese authorities had initiated at the end of July 2012 a similar combined anti-subsidy and anti-dumping proceeding against imports of polysilicon from the USA and an anti-dumping proceeding against Korea. This came at the time of the definitive imposition by the US authorities of combined anti-dumping and countervailing duties against imports of Chinese solar panels. It was also striking that on initiation of the proceedings against US and Korea, the Chinese authorities had concluded that imports of polysilicon from the EU did not cause injury to the Chinese industry, whereas after less than 3 months they concluded the opposite and even decided to cumulate the injury analysis of EU imports with US and Korean imports.

Given this situation, the Commission will continue its close cooperation with the Chinese authorities and will continue to put forward its arguments on the absence of subsidisation and of injury, monitoring very carefully every aspect of the case. If it turns out that the Chinese authorities are violating the relevant WTO rules, the Commission will look into all options.

b) Photo paper: substantial definitive duties imposed

China imposed substantial definitive anti-dumping duties against imports of photographic paper ranging between 17.5% and 19.4% for EU companies. The residual duty for US and Japanese imports is 28.8%. The duties have been imposed on 23 March 2012 for a period of 5 years.

Unfortunately the EU exporters are subject to these high duties as a result of a questionable determination by the Chinese authorities. Also in this case the recurring transparency issues concerning the dumping and injury disclosures were present. The injury and causal link determination also seem not convincing according to the records on the file.

c) Stainless steel seamless tubes: recurring issues, WTO consultations

China initiated this proceeding against EU and Japanese exports in September 2011. The target of this investigation are certain high-performance stainless steel seamless tubes (HP SSST). This case was another 'mirror' case, as it targeted the same EU producers that had launched an anti-dumping investigation in the EU against Chinese imports of a similar products.

On 9 November 2012, China imposed definitive anti-dumping duties for EU exports ranging between 9.7% and 11.1% (residual duty). The rates for Japanese exports range between 9.2% and 14.4% (residual duty).

The Commission has closely followed this case, in which the main EU (and Japanese) exporters have cooperated with the investigation. As in similar 'mirror' cases, the Commission has once again noted the same pattern of recurring systemic issues. With regard to the dumping determination of one of the EU exporters, it appears that there have been two main issues resulting in an artificially inflated definitive dumping margin. The first concerns the construction of normal value, which has been inflated by disregarding evidence submitted by the exporter apparently with no sufficient underlying explanation. The recurring lack of transparency in the disclosure has further affected the right of defence of the exporter concerned. The second issue concerned MOFCOM's breach of the WTO requirement to carry out a 'fair comparison' between the exported product and the domestic like product, as there have been no adjustments for products with significant different physical characteristics, cost of production and prices, thereby again inflating the dumping margin.

This investigation presents a number of shortcomings also in the injury and causal link determination. The price analysis did not address a number of relevant elements on the declining prices of both imports and domestic prices, and more importantly concluded that price undercutting did exist although the import prices were clearly significantly higher than domestic prices. The analysis of the injury factors was based on questionable data and ignored several aspects of the real market situation. Similar problems also affected the soundness of the causal link analysis. The Commission raised these points throughout the investigation, but unfortunately they were ignored and not addressed in substance by the Chinese authorities. Also the Japanese government and the EU and Japanese exporters made similar arguments but they were similarly all dismissed without going into their substance.

As a result of these flaws, Japan requested WTO consultations with China and the Commission also joined Japan as third party in these consultations (the case number is DS 454).

d) Ethylene Glycol Monobutyl Ether chemical sector targeted again

The most recent imposition of definitive anti-dumping duties by China concerns two products in the chemical sector, Ethylene Glycol Monobutyl Ether and Diethylene Glycol Monobutyl Ether (also known as EBMEG). The duties were imposed against EU and US imports as from 28 January 2013. The anti-dumping duties against EU imports range between 9.3% and 18.8%, and the duties against US imports between 10.6% and 14.1%.

The Commission has closely followed this proceeding with the EU cooperating exporters. The main striking feature of this determination is that the Chinese authorities have imposed a substantially higher duty for a non-cooperating EU exporter (i.e. 18.8%) as opposed to the residual duty of 10.8% equal to the highest duty of cooperating exporters. The second odd aspect of the determination concerns the dumping margin of one of the cooperating EU exporters, which seems to have been artificially inflated by MOFCOM. The Commission will continue to analyse the final determination and will decide if and how to address the shortcomings of this determination.

3. India

3.1. Overall trends

With the imposition of 6 new anti-dumping measures and one safeguard in 2012, India is in the first position in the list of countries having measures in force against the EU with 21 measures in total. These concern mainly chemical products and steel products (soda Ash, morpholine, melamine, Pentaerythritol, aniline and stainless steel cold rolled flat products). Two new investigations and one expiry review (acetone – measures would otherwise have expired in March 2013) were initiated in 2012, but the EU exporters did not inform the Commission of any interest in cooperating with the Indian investigating authorities. It should be recalled that India was the most active country in 2010 in terms of initiation of new investigations (8, of which one safeguard). India is thus one of the most active TDI users against the EU.

3.2. Main cases

EU exporters seem to have had little interest in the recent Indian cases. The Commission nevertheless intervened in some of these investigations because some systemic procedural issues have been identified. In the investigations concerning soda ash, pentaerythritol and PVC paste resin, the exporters were only given a couple of days to react to the disclosure of the essential facts and thus could hardly, if at all, defending their interest.

In this context, the Commission formally requested the Designated Authority to ensure an effective right of defence to interested parties in anti-dumping investigations after the issuance of the general disclosure statement, and to grant at least 10 calendar days for comments. Unfortunately so far, these requests do not seem to have changed the Indian practice, and the Commission intends to maintain its efforts to ensure adequate right of defence to EU exporters.

4. Turkey

4.1. Overall trends

Turkey remains a very active user of trade defence instruments, including against the EU. Two new anti-dumping investigations were initiated in 2012, and various measures were extended beyond their initial period of application. This concerned one anti-dumping measure and several safeguard measures. Turkey has indeed continued to almost systematically extend its existing safeguard measures beyond their initial period of application. This was the case for five safeguards in 2012 (two of them already in force since 2006). It should however be mentioned that one safeguard measure extended in 2012 was terminated some months later.

4.2. Main cases

The two new anti-dumping cases (electric water heaters and float glass) were initiated in March and November, respectively. The Commission is assisting the EU exporters targeted by these cases and follows closely both investigations, in particular because these are the first anti-dumping cases initiated by Turkey against the EU (or its Member States) in the last years. Up to now, Turkey was indeed rather using the safeguard instrument.

In 2012 Turkey decided to extend five safeguard measures in place on imports of motorcycles, footwear, matches, electrical appliances and cotton yarn. For the first two measures it was the second extension. The Commission has strongly opposed the systemic extension of these measures beyond their first period of validity due to serious flaws and insufficient legal justification. The Commission has raised its concerns in various occasions at technical and political level, unfortunately without success. Although the impact of these measures is not always very important for the EU, it was highlighted to Turkey that the need to maintain safeguard measures in force for such a long time is difficult to justify.

It should be noted that concerning the measure on cotton yarn, despite a decision to maintain these measures in place for another 3 years period in 2012, Turkey decided a few months later to terminate the case.

5. Latin America

5.1. Overall trends

The trade defence activity in Latin America showed a stable trend with relatively low activity, similar to 2011.

5.2. Main cases

a) Argentina

In April 2012 definitive anti-dumping measures were imposed on imports of coated paper from Austria and Finland (initiation in December 2010). The Commission raised some weaknesses at initiation stage and in another submission following the preliminary report, notably in relation to questions of injury and causal link.

b) Brazil

Brazil has initiated 3 new investigations in 2012 (2 anti-dumping and 1 safeguard) and imposed 1 definitive anti-dumping measure (provisional measures already imposed in 2011.

The new anti-dumping investigations concerns imports of laminated steel from Germany and Finland (initiated in April 2012) for which the economic interest is very small, and imports of ethanolamines from Germany (initiated in May 2012). For the latter, the economic interest is around € 4 million and the Commission, in cooperation with the industry, made a submission at initiation stage, highlighting the importance of an in-depth injury and causal link analysis. The Commission will continue to closely monitor this case.

The safeguard investigation concerned imports of wine. Italy, Portugal, France and Spain were concerned by this investigation (around € 80 million exports in 2011, but in an expanding market). The Commissions had identified major weaknesses in this case: imports actually decreased in the most recent year, the definition of the Brazilian domestic industry was flawed (producers representing only 10 to 15% of the overall production were taken into account) and there appeared to be other causes of injury. The Commission, together with Member States and EU industry representatives, actively intervened in this case, which resulted in the termination of the investigation without measures. This was a real success (see achievements in the report).

In April 2012 definitive anti-dumping measures were imposed on imports of light weighed coated paper from BE, DE, FI and SE. In February the Commission in cooperation with the industry made a submission pointing to the flawed causal link analysis.

Finally, the anti-dumping investigation regarding imports of methylene diphenyl disocyanate (initiated in in June 2011) was terminated against imports from Belgium in May 2012, due to the fact that import volumes were considered negligible.

c) Peru

Peru has imposed definitive countervailing measures against imports of olive oil from Spain and Italy in December 2010. Following the imposition of these measures, the Commission and the EU Member States have started an administrative appeal procedure in accordance with Peruvian domestic law, in order to try to obtain the annulment of the measures. The Commission, with the involvement of the Delegation and a local lawyer, has intervened at various levels. Written submissions have been filed with the local authorities, a first hearing took place in November 2011 and a final decision was expected before the end of 2011. However, in the meantime the members of the INDECOPI tribunal, the relevant authority, have been replaced and 3 further hearings took place (in July and November 2012 and in January 2013). Representatives of the Commission and Member States participated in all these hearings underlining the importance of the case and also expressing the EU's growing disappointment about this proceeding given the weaknesses identified and the timing issues. Once more a final decision has been announced and should be expected in 2013.

6. Ukraine

6.1. Overall trends

The activity in Ukraine has been relatively quiet, in particular in comparison with the previous years. Two investigations initiated in 2011 were concluded (see below) but no new investigation was initiated.

6.2. Main cases

Ukraine initiated in 2011 a safeguard case on cars which was very sensitive for the EU interests. The investigation was opened in July 2011 and the Commission was very active during the proceeding to avoid the imposition of measures on a sector that represented € 300 million Euros of economic interest in 2010. In April 2012, a document containing the definitive findings was disclosed. The documents proposed safeguard measures (ranging from 6 to 15%) for three years. The Commission requested consultations and managed to avoid the measures which should have been adopted at the latest on 22 June 2012 (i.e. 330 days after initiation of the investigation). Unfortunately, and very surprisingly, Ukraine decided to impose the measures in March 2013, i.e. almost a year after the conclusion of the investigation. The Commission is currently considering the best way to react to this imposition.

In April 2011 Ukraine opened an anti-dumping investigation on float-glass. The investigation was terminated in April 2012 with the imposition to Bulgarian and Polish producers of definitive anti-dumping duties for five years ranging from 12.5% to 28.52%.

7. Russia, Kazakhstan, Belarus

7.1. Overall trends

Russia, Kazakhstan and Belarus form a Customs Union (CU) since 1 January 2010. In January 2012 the Common Economic Space Agreements entered into force. On 1 February 2012 the Eurasian Economic Commission (EAEC), the legal successor of the Commission of the Customs Union, started its activity. As of 16 April 2012, all investigations are initiated and conducted by the Department for Internal Market Defense (DIMD) of the EAEC. On 16 May 2016, the Board of the Eurasian Economic Commission adopted Decision n°44 providing for the transfer of all pending investigations from national authorities to the DIMD by 6 July 2012.

In addition, Russia acceded to the World Trade Organisation as its 156th member on 22 August 2012. Hence, the Treaty of 19 May 2011 of the Functioning of the CU in the framework of the Multilateral Trade System entered into force.

As regards the initiation of new cases, the EAEC was very active initiating new safeguard investigations. Three new investigations were initiated from July 2012 as well as a review of the existing safeguard measure on imports of caramel. In addition, the EAEC terminated without the imposition of any measure the safeguard investigation on graphite electrodes and is still investigating in the framework of the anti-dumping case on light commercial vehicles.

The Commission insists that the investigations carried out by EAEC fully respect WTO obligations as one of the members of the Customs Union, Russia, committed to comply with WTO rules when transferring its competencies.

7.2. Main cases

a) Ex-officio review investigation of safeguard measures on stainless steel pipes

Russia decided on 31 August 2011 to launch this investigation on its own initiative in order to decide if measures should be abolished, modified or continue to be applied. The investigation was extended to the CU. On 23 August 2012 the EAEC published its decision to change the existing ad valorem duty into a quota until November 2014. In the framework of the repeated investigation the Commission intervened to reiterate its position in support of liberalizing the measure in accordance with WTO obligations. Moreover, some difficulties were identified in the implementation of the quota by the Russian national authorities, as trade was simply blocked in the absence of any rules regarding the implementation of the measures. The Commission immediately intervened to revert the situation and the information received seems to show that trade has been re-established.

b) Safeguard investigation on graphite electrodes

This investigation was initiated on 31 August 2011 by Russia, transferred to the EAEC and terminated on 30 August 2012 without the imposition of any safeguard measure. The Commission actively participated in the proceeding and highlighted certain legal weaknesses. The investigation concluded that it was not possible to prove the causal link and the EAEC authorities decided instead to initiate an anti-dumping investigation on imports of electrodes from India.

c) Safeguard investigations on combine harvesters, porcelain tableware and woven fabrics

On 6 July 2012, the EAEC authorities initiated a case on imports of combine harvesters and modules. The Commission actively participated monitoring the developments of this case and was in contact with the EU industry. On 26 December 2012, the EAEC notified its provisional disclosure and its intention to impose provisional safeguard duties as of 25 February 2013. The Commission is actively participating in order to mitigate the effects of the measure and closely monitoring the definitive outcome of this investigation.

Two other safeguard investigations were also initiated: porcelain tableware (31 August 2012) and woven fabrics (October 2012). The Commission is actively monitoring the developments in both cases and oppose any imposition of safeguard measures that do not comply with WTO standards.

d) Anti-dumping investigation on light commercial vehicles

This investigation was initiated on 16 November 2011 and investigation was extended until the legal limit, i.e. 16 May 2013. The Commission has actively participated and will continue to actively monitor the developments of this case.

8. Israel

8.1. Overall trends

The activity of Israel in the area of trade defence slightly decreased in 2012 compared to the previous years. Israel opened only one new anti-dumping investigation and terminated two anti-dumping and one safeguard investigation without imposing definitive measures. Unfortunately, the new investigation continues the low standards of initiation that were already contested by the Commission in the previous years.

8.2. Main cases

For the animal food mixers case the Commission was given the possibility to comment on the definitive findings. Despite the fact that the authorities proposed the imposition of definitive measures, following the comments of the Commission it was decided not to impose definitive measures. Concerning MDF boards, following an investigation which went below the 18 months WTO deadline, finally the Israeli authorities decided not to impose definitive measures. The safeguard investigation concerning glass wool and rock wool was suspended as despite the fact that definitive measures were proposed in December 2011, in the course of the internal procedure for approval the decision was blocked as one of the Ministries opposed. Meanwhile, deadlines for adoption of measures expired.

The new anti-dumping investigation on bituminous membranes was initiated in December. This is the second investigation on the same product in a very short timeframe (the first was initiated in 2009 and terminated without measures in 2011). As already mentioned above and as also emphasised in the Commission's submission, the initiation fails to respect important WTO requirements such as Israel did not provide a meaningful non-confidential version of the complaint, insufficient analyses of casualty.

9. South Africa

9.1. Overall trends

South Africa is not a regular user of the trade defence instruments. The most recent introduction of measures concerning EU exports took place in 2009 (anti-dumping on tall oil fatty acid). However, in 2012 South Africa initiated a new safeguard investigation.

9.2. Main cases

The safeguard investigation initiated in 2012 concerns frozen potato chips. The EU industry and also the authorities of the Member States concerned (Belgium and The Netherlands) are very active in the case. Following the written submission of the Commission the shortcomings identified were further detailed in a meeting with the South African authorities (no surge of imports, insufficient data on injury and lack of causal link). Following the Commission's intervention the South African authorities fulfilled their notification - obligation to the WTO concerning the initiation of the investigation, though with a remarkable delay.

10. morocco

10.1. Overall trends

After having no investigations opened and no measures in force in 2011, in 2012 Morocco became a relatively active user of the instrument against the EU since the end of 2012: one safeguard was initiated in 2012 and, in January 2013 another safeguard as well as one anti-dumping investigation were initiated. The EU exporters showed high interest in these cases.

10.2. Main cases

The safeguard investigation on Bars and rods concerned mainly two Member States (Spain and Portugal). The EU submitted its written comments on the concerns regarding the initiation of the case, namely that the allegation of increased imports was based only on a very limited period, serious injury must be demonstrated and the causal link is not well analysed.

11. Egypt

11.1. Overall trends

In the last years Egypt was not an active user of the trade defence instruments, with only one anti-dumping measure in force and one safeguard investigation on-going at the end of 2011. However, in 2012 Egypt initiated 4 safeguard measures and concluded the on-going safeguard investigation. It now seems to be a general practice of Egypt to introduce provisional measure together with the initiation of the investigation.

11.2. Main cases

Two of the 4 safeguard cases (cotton textile and polypropylene) were terminated without measures. In the investigation on cotton yarn initiated in 2011 definitive measures were imposed. The Commission intervened by highlighting systemic weaknesses but the EU exporters were not interested in the case. Two safeguard investigations (steel rebars and white and raw sugar) are still on-going and provisional measures were imposed at initiation. On the sugar case the Commission made its written submission focusing on the systemic weaknesses and also on case specific issues (e.g. product scope and type of the measures.)

12. Australia

12.1. Overall trends

Australia's trade defence actions against EU exports have been very limited over the recent years. There are two anti-dumping measures in force since 2009 (geosynthetic clay liners against Germany and processed dried currants against Greece). No new investigations have been initiated by Australia in 2012.

A number of initiatives were taken by the Australian government in 2012 to strengthen Australia's anti-dumping system in close cooperation with the Commission. These include the passage of the Government’s anti-dumping legislation through Parliament and the announcement of the establishment a new Anti-Dumping Commission based in Melbourne to investigate complaints. A report into Australia’s anti-dumping and countervailing system was released and a new International Trade Remedies Advisory Service for SMEs was established.

12.2. Main cases

Concerning the anti-dumping investigation against imports of structural timber mentioned in last year's report, the Customs concluded that, with one exception, negative dumping margins were found for EU exporters. Given the fact that this company accounted for less than 2% of the market, the conclusion was that the injury, if any, to the Australian industry that has been or may be caused by that dumping is negligible. The outcome was to terminate in April 2012.

On 24 October, the Australian Customs and Border Protection Service announced that it had initiated a review of the anti-dumping measures in respect of processed dried currants exported from Greece after a request was made by an importer. It appears the reasons for the review are based on the applicant’s demonstration of changes in the export price, normal value and non-injurious price. A statement of the essential facts will be placed on the public record by 28 January 2013. A report and recommendation to the Minister in relation to the review of measures will be made on or before 5 March 2013.

13. New Zealand

No new investigations were initiated by New Zealand in 2012. Anti-dumping duties against canned peaches from Greece and Spain are still in force respectively since 1997 (last review is dated 2008) and 2011. In 2012, New Zealand terminated the anti-dumping investigation against preserved tomatoes from Italy, because no injury was caused to the local industry, due to the insufficient information showing material injury.

14. Jordan

After no investigation initiated and no new measures imposed in 2011, in 2012 Jordan initiated one safeguard investigation on steel bars and rods. There was no interest from the EU exporters. Nevertheless, as systematic problems were noticed at initiation, the Commission submitted its comments to the relevant authorities. The investigation is not concluded yet.

15. Indonesia

After 5 new safeguard investigations initiated in 2010 and 4 new safeguard investigations initiated in 2011, Indonesia continued this trend of extensively using the safeguard instrument. During 2012, Indonesia initiated 5 new safeguard investigations on different products from different sectors: certain finished casing and tubing; mackerel, wheat flour, D-glusitol (sorbitol), kilowatt hour meters. Indonesia also imposed definitive safeguard duties on iron or steel wire and on wheat flour.

While these investigations have not affected EU exports to a significant economic extent apart from one investigation recently initiated (D-glusitol), the Commission unfortunately notes that the systemic problems singled out since this new wave of proceedings initiated two years ago still seem to be present. The Commission has expressed several times its strong reservations on the WTO compatibility of these proceedings in the context of the proceedings but also in the context of the discussions at the WTO Safeguards Committee. Similar reservations have been expressed in both contexts by a number of WTO members. It still seems that Indonesia is suffering from a persistent flood of cheap imports from a few countries mainly in Asia due to the implementation of the Free Trade Agreements concluded as ASEAN Member. In some cases it even seems that the increase in imports is very limited and not very close to the date of initiation of these proceedings. In these circumstances, the Commission has highlighted that the erga omnes safeguard instrument affecting all the imports from all countries is not the appropriate trade defence instrument, but the Indonesian authorities should use another more appropriate instrument targeting specifically the source of the problems faced by the domestic industry.

The Commission will continue to monitor closely these Indonesian safeguard proceedings during 2013 and will intervene at technical and bilateral level with the Indonesian authorities to bring forward its concerns and hopefully seek legally sound solutions.

ANNEX II – Measures in force at the end of 2010, 2011 and 2012

Measures in force at the end of 2010, 2011 and 2012.

Country || AD || CVD || SG || TOTAL

|| 2010 || 2011 || 2012 || 2010 || 2011 || 2012 || 2010 || 2011 || 2012 || 2010 || 2011 || 2012

Argentina || 5 || 5 || 5 || 0 || 0 || 0 || 0 || 0 || 0 || 5 || 5 || 5

Australia || 3 || 3 || 3 || 1 || 1 || 0 || 0 || 0 || 0 || 4 || 4 || 3

Belarus || 0 || 0 || 0 || 0 || 0 || 0 || 1 || 5 || 4 || 1 || 5 || 4

Brazil || 9 || 11 || 10 || 0 || 0 || 0 || 0 || 1 || 0 || 9 || 12 || 10

Canada || 2 || 2 || 2 || 0 || 0 || 1 || 0 || 0 || 0 || 2 || 2 || 3

Chile || 0 || 0 || 0 || 0 || 0 || 0 || 1 || 0 || 1 || 1 || 0 || 1

China || 14 || 14 || 15 || 0 || 1 || 1 || 0 || 0 || 0 || 14 || 15 || 16

Croatia || 0 || 0 || 0 || 0 || 0 || 0 || 0 || 0 || 0 || 0 || 0 || 0

Dominican Republic || 0 || 0 || 0 || 0 || 0 || 0 || 2 || 2 || 1 || 2 || 2 || 1

Ecuador || 0 || 0 || 0 || 0 || 0 || 0 || 1 || 1 || 1 || 1 || 1 || 1

Egypt || 0 || 1 || 1 || 0 || 0 || 0 || 1 || 0 || 3 || 1 || 1 || 4

India || 12 || 14 || 19 || 0 || 0 || 0 || 1 || 1 || 2 || 13 || 15 || 21

Indonesia || 0 || 0 || 0 || 0 || 0 || 0 || 2 || 8 || 8 || 2 || 8 || 8

Israel || 2 || 3 || 0 || 0 || 0 || 0 || 0 || 0 || 0 || 2 || 3 || 0

Japan || 1 || 1 || 1 || 0 || 0 || 0 || 0 || 0 || 0 || 1 || 1 || 1

Jordan || 0 || 0 || 0 || 0 || 0 || 0 || 1 || 0 || 0 || 1 || 0 || 0

Kazakhstan || 0 || 0 || 0 || 0 || 0 || 0 || 1 || 6 || 5 || 1 || 6 || 5

Korea || 0 || 1 || 1 || 0 || 0 || 0 || 0 || 0 || 0 || 0 || 1 || 1

Mexico || 5 || 5 || 4 || 0 || 0 || 0 || 0 || 0 || 0 || 5 || 5 || 4

Moldova || 0 || 0 || 0 || 0 || 0 || 0 || 1 || 1 || 0 || 1 || 1 || 0

New Zealand || 2 || 1 || 2 || 0 || 0 || 0 || 0 || 0 || 0 || 2 || 1 || 2

Pakistan || 3 || 4 || 4 || 0 || 0 || 0 || 0 || 0 || 0 || 3 || 4 || 4

Peru || 1 || 0 || 0 || 0 || 1 || 1 || 0 || 0 || 0 || 1 || 1 || 1

Philippines || 0 || 0 || 0 || 0 || 0 || 0 || 3 || 3 || 1 || 3 || 3 || 1

Russia || 0 || 0 || 0 || 0 || 0 || 0 || 3 || 5 || 5 || 3 || 5 || 5

South Africa || 2 || 2 || 2 || 0 || 0 || 0 || 0 || 0 || 0 || 2 || 2 || 2

Thailand || 3 || 3 || 3 || 0 || 0 || 0 || 0 || 1 || 1 || 3 || 4 || 4

Turkey || 3 || 3 || 3 || 0 || 0 || 0 || 10 || 10 || 7 || 13 || 13 || 10

Ukraine || 1 || 1 || 2 || 0 || 0 || 0 || 2 || 2 || 1 || 3 || 3 || 3

USA || 21 || 20 || 17 || 3 || 3 || 1 || 0 || 0 || 0 || 24 || 23 || 18

TOTAL || 89 || 94 || 94 || 4 || 6 || 4 || 30 || 46 || 40 || 123 || 146 || 138

ANNEX III – Detail of Measures in Force

Measures in Force ||

At 2012-Dec-31 ||

|| || || || || ||

Country || Product || Instrument || Type Of Measure || Date Of Imposition || Exporting MS ||

Argentina || Hot-rolled steel (HRS) || AD || Definitive || 2002-Apr-30 || Slovakia, Romania ||

Argentina || petrol extraction pumps || AD || Definitive || 2009-Nov-23 || Romania ||

Argentina || Electrical terminals || AD || Definitive || 2009-Apr-02 || Germany ||

Argentina || straight handsaw blades || AD || Definitive || 2008-Feb-21 || Sweden ||

Argentina || Coated paper || AD || Definitive || 2012-Apr-21 || Austria, Finland ||

Australia || Polyethylene high density || AD || Definitive || 2003-Dec-05 || Sweden ||

Australia || Geosynthetic clay liners || AD || Definitive || 2009-Oct-09 || Germany ||

Australia || Processed dried currants || AD || Definitive || 2008-Nov-17 || Greece ||

Belarus || Caramel || SG || Definitive || 2011-Jul-08 || ||

Belarus || Stainless steel pipes || SG || Definitive || 2011-Jun-22 || ||

Belarus || Fibreglass || SG || Definitive || 2010-Feb-04 || Czech Republic, Germany, Latvia, Poland, Slovakia, Finland ||

Belarus || metal bolts, nuts, springs || SG || Definitive || 2011-Jun-22 || ||

Brazil || Milk powder || AD || Definitive || 2001-Feb-23 || Denmark, Ireland ||

Brazil || Indigo Blue || AD || Definitive || 2008-Mar-24 || Germany ||

Brazil || Glazed paper || AD || Definitive || 2011-Oct-06 || France, Italy, Hungary ||

Brazil || glassine/glazed papers || AD || Definitive || 2008-Oct-22 || Finland ||

Brazil || Phenol || AD || Definitive || 2002-Oct-16 || Belgium, Germany ||

Brazil || Lightweight paper || AD || Definitive || 2012-Apr-23 || Belgium, Germany, Finland, Sweden ||

Brazil || Seamless steel pipes || AD || Definitive || 2005-Oct-07 || ||

Brazil || Polycarbonate resins in powder, granulates or pellets, with or without pigments additives || AD || Definitive || 2008-Apr-08 || Belgium, Germany, Spain ||

Brazil || Viscose Yarn || AD || Definitive || 2009-Dec-16 || Austria ||

Brazil || Viscose Fibres || AD || Definitive || 2009-Apr-08 || Austria ||

Canada || Hot-rolled carbon steel plate and high-strength low-alloy steel plate || AD || Definitive || 2004-Jan-09 || Czech Republic, Bulgaria, Romania ||

Canada || Refined sugar || CVD || Definitive || 1995-Nov-06 || European Union ||

Canada || Bell peppers || AD || Definitive || 2010-Oct-19 || Netherlands ||

Chile || Broken maize || SG || Provisional || 2012-Apr-27 || ||

China || Polyamide-6,6 || AD || Definitive || 2009-Oct-12 || France, Italy, United Kingdom ||

China || X-Ray Security Inspection Equipment (energy above 100 thousand KeV) || AD || Definitive || 2011-Jan-23 || Germany, Netherlands, Finland, United Kingdom ||

China || Potato Starch || AD || Definitive || 2007-Feb-06 || Germany, France, Netherlands ||

China || Photographic paper || AD || Definitive || 2012-Mar-23 || Netherlands, United Kingdom ||

China || Caprolactam || AD || Definitive || 2011-Sep-22 || Czech Republic, Germany, Spain, Netherlands, Poland ||

China || Optical fiber || AD || Definitive || 2011-Apr-22 || Denmark, Germany, France, Italy, Netherlands ||

China || Certain iron or steel fasteners || AD || Definitive || 2010-Jun-29 || Germany, Spain, France, Italy, Poland, Sweden, United Kingdom ||

China || Polyamide-6 (PA6) || AD || Definitive || 2010-Apr-22 || Belgium, Germany, Italy, Netherlands, Poland ||

China || Adipic acid || AD || Definitive || 2009-Nov-02 || Germany, France, Italy ||

China || Ethylene Glycol Monobutyl Ether || AD || Provisional || 2012-Jul-28 || Germany, France, Sweden ||

China || Certain high-performance stainless steel seamless tube used for supercritical and ultra supercritical boiler technology || AD || Provisional || 2012-May-08 || ||

China || Chloroform - Trichloromethane || AD || Definitive || 2004-Nov-30 || Germany, France, United Kingdom ||

China || Potato Starch || CVD || Definitive || 2011-Sep-17 || Germany, France, Netherlands ||

China || Hydrazine Hydrate || AD || Definitive || 2005-Jun-17 || France ||

China || Catechol || AD || Definitive || 2003-Aug-27 || France, Italy ||

China || Chloroprene Rubber || AD || Definitive || 2005-May-10 || Germany, France, European Union ||

Dominican Republic || Certain sports and other socks || SG || Definitive || 2010-Dec-06 || ||

Ecuador || Windshields || SG || Definitive || 2010-Nov-01 || ||

Egypt || PET containers || AD || Definitive || 2011-Jun-14 || Italy ||

Egypt || Cotton Textile || SG || Provisional || 2012-Feb-29 || ||

Egypt || Cotton Yarn || SG || Definitive || 2012-Jul-23 || ||

Egypt || Raw and white sugar || SG || Provisional || 2012-Dec-02 || ||

India || Caustic soda || AD || Definitive || 2001-Jun-26 || France ||

India || Caustic soda || AD || Definitive || 2003-Oct-01 || Belgium, Italy ||

India || Certain Rubber Chemicals || AD || Definitive || 2005-Nov-20 || Belgium, Germany, Italy ||

India || Pentaerythritol || AD || Definitive || 2006-Apr-20 || Sweden ||

India || Phenol || AD || Definitive || 2003-Mar-24 || European Union ||

India || Potassium carbonate || AD || Definitive || 2004-Feb-20 || European Union ||

India || PVC paste resin || AD || Definitive || 2004-Oct-07 || Spain, Italy ||

India || Sodium hydrosulphite || AD || Definitive || 2003-Dec-03 || Germany ||

India || Sodium nitrite || AD || Definitive || 2002-Nov-29 || European Union ||

India || Acetone || AD || Definitive || 2008-Mar-11 || Belgium, Spain, Italy ||

India || Hydrogen Peroxyde || AD || Definitive || 2008-Sep-04 || ||

India || Cold-Rolled Flat Products of Stainless Steel || AD || Definitive || 2010-Feb-20 || Belgium, Spain, France, Italy, Netherlands, Finland, Sweden, United Kingdom ||

India || Stainless Steel Cold Rolled Flat Products of 400 series having width below 600 mm || AD || Definitive || 2012-Oct-04 || Belgium, Germany, Italy, Finland, Sweden ||

India || Morpholine || AD || Definitive || 2012-Jan-24 || ||

India || Aniline || AD || Definitive || 2012-May-29 || ||

India || Hot Rolled Flat Steel || AD || Definitive || 2011-Oct-11 || Belgium, Germany, Slovenia, Finland ||

India || Notification N1, 3-dimethyl butyl-N Phenylenediamine (PX-13) || SG || Definitive || 2011-Jun-06 || Belgium, Germany, Netherlands ||

India || Melamine || AD || Definitive || 2012-Jun-01 || ||

India || Pentaerythritol || AD || Definitive || 2012-Jun-20 || ||

India || Soda Ash || AD || Definitive || 2012-Feb-17 || Bulgaria, Romania ||

India || Phtalic Anhydride || SG || Definitive || 2012-Apr-13 || ||

Indonesia || Certain wire of iron / non alloy steel, plated with zinc || SG || Definitive || 2011-Mar-23 || ||

Indonesia || Stranded wire, rope & cable excluding locked coil, flattened strands and non-rotating wire ropes || SG || Definitive || 2011-Mar-23 || ||

Indonesia || Iron or Steel Wire || SG || Definitive || 2012-Nov-20 || ||

Indonesia || Wheat Flour || SG || Provisional || 2012-Dec-05 || ||

Indonesia || Woven fabrics of cotton || SG || Definitive || 2011-Mar-23 || ||

Indonesia || Cotton yarn other than sewing thread || SG || Provisional || 2011-Feb-09 || ||

Indonesia || Stranded wire, rope & cable, for locked coil, flattened strands and non-rotating wire ropes || SG || Definitive || 2011-Mar-23 || ||

Indonesia || Wire of iron/non-alloy steel not plated/coated, containing carbon < 0.25% by weight || SG || Definitive || 2011-Mar-23 || Germany ||

Japan || Electrolytic Manganese Dioxide || AD || Definitive || 2008-Aug-29 || Spain ||

Kazakhstan || Wadding and articles of wadding, Absorbents cotton wadding and articles thereof || SG || Definitive || 2011-Sep-26 || Germany, Italy ||

Kazakhstan || metal bolts, nuts, springs || SG || Definitive || 2011-Jun-22 || ||

Kazakhstan || Stainless steel pipes || SG || Definitive || 2011-Jun-22 || ||

Kazakhstan || Confectionery || SG || Definitive || 2011-Sep-26 || Germany, Netherlands, Poland ||

Kazakhstan || Caramel || SG || Definitive || 2011-Jul-08 || ||

Korea/South || Stainless steel bar || AD || Definitive || 2004-Jul-30 || Spain ||

Mexico || carbon steel tubes with longitudinal straight seam || AD || Definitive || 2010-Jan-06 || United Kingdom ||

Mexico || Carbon steel plate in sheets || AD || Definitive || 2005-Sep-22 || ||

Mexico || Cold-rolled sheet || AD || Definitive || 2005-Dec-12 || ||

Mexico || Sorbitol UPS grade || AD || Definitive || 1990-Sep-27 || France ||

New Zealand || Preserved peaches || AD || Definitive || 2011-Aug-04 || ||

New Zealand || Canned peaches || AD || Definitive || 1998-Mar-09 || Greece ||

Pakistan || Sorbitol 70% solution || AD || Definitive || 2003-Nov-19 || France ||

Pakistan || Formic acid || AD || Definitive || 2006-Jul-07 || Germany, Finland ||

Pakistan || Hydrogen Peroxide || AD || Definitive || 2011-Jul-15 || Belgium ||

Pakistan || Tinplate (secondary quality) || AD || Definitive || 2009-Nov-16 || Belgium, Germany, France, Netherlands ||

Peru || Olive oil || CVD || Definitive || 2010-Dec-05 || Spain, Italy ||

Philippines || Testliner board || SG || Definitive || 2010-Sep-16 || Belgium, Germany ||

Russia || Stainless steel pipes || SG || Definitive || 2009-Nov-01 || Germany, Italy, Netherlands, Poland, Finland, Sweden ||

Russia || Steel pipes (for oil and gas industry) || SG || Definitive || 2010-Dec-15 || Germany, Italy ||

Russia || Caramel || SG || Definitive || 2011-Jul-08 || Germany, Netherlands, Poland ||

Russia || Activated carbon (coal) || SG || Definitive || 2011-Sep-08 || Germany, France, Netherlands, United Kingdom ||

Russia || metal bolts, nuts, springs || SG || Definitive || 2011-Mar-18 || Czech Republic, Germany, Italy, Poland, Finland, Romania ||

South Africa || Tall Oil Fatty Acid || AD || Definitive || 2009-Jun-05 || Sweden ||

South Africa || Ropes & cables of iron or steel || AD || Definitive || 2002-Aug-28 || Germany, United Kingdom ||

Thailand || Glass Block || AD || Definitive || 2009-Jan-15 || Czech Republic ||

Thailand || Glass Block || SG || Definitive || 2011-Aug-18 || Czech Republic ||

Thailand || Hot-rolled flat in coils and not in coils || AD || Definitive || 2003-May-27 || Slovakia ||

Thailand || Cold-rolled flat stainless steel || AD || Definitive || 2003-Mar-13 || Belgium, Denmark, Spain, Italy, Finland, Sweden ||

Turkey || Frames and mountings for spectacles || SG || Definitive || 2008-Mar-05 || Italy ||

Turkey || Motorcycles || SG || Definitive || 2007-Mar-02 || Spain, Italy ||

Turkey || Dioctyl ftalat (dioctyl orthophtalats) || AD || Definitive || 2011-Nov-29 || ||

Turkey || Travel goods, handbags and similar containers || SG || Definitive || 2008-Mar-07 || Belgium, Germany, Spain, France, Italy, Netherlands, United Kingdom ||

Turkey || Footwear || SG || Definitive || 2006-Aug-10 || Germany, Greece, Spain, Slovenia ||

Turkey || Matches || SG || Definitive || 2009-Dec-23 || Germany, Poland ||

Turkey || Certain electrical appliances || SG || Definitive || 2012-May-19 || Belgium, France ||

Turkey || Mono-ethylene-glycol || AD || Definitive || 2010-May-02 || Bulgaria ||

Turkey || Polyvinyl chloride (PVC) || AD || Definitive || 2003-Feb-06 || Belgium, Germany, Greece, Italy, Hungary, Netherlands, Finland, Romania ||

Turkey || Polyethylene terephthalate || SG || Definitive || 2011-Nov-07 || Greece, Spain, Italy ||

Ukraine || Steel Seamless Casing and Lifting Pipes || SG || Definitive || 2008-Oct-01 || Austria, Poland, Slovakia, Romania ||

Ukraine || Float glass with thickness up to 3.5 mm, 3.5 - 4.5 mm, more than 4.5 mm || AD || Definitive || 2012-Apr-28 || ||

Ukraine || Syringes || AD || Definitive || 2009-Nov-04 || Germany, Spain, United Kingdom ||

United States || Granular polytetrafluoroethylene resin || AD || Definitive || 1988-Aug-30 || Italy ||

United States || Brass sheet & strip || AD || Definitive || 1987-Mar-06 || France ||

United States || Brass sheet & strip || AD || Definitive || 1987-Mar-06 || Germany ||

United States || Brass sheet & strip || AD || Definitive || 1987-Mar-06 || Italy ||

United States || Chlorinated isocyanurates || AD || Definitive || 2005-Jun-24 || Spain ||

United States || Sodium Nitrite || AD || Definitive || 2008-Aug-27 || Germany ||

United States || Certain Lightweight Thermal Paper || AD || Definitive || 2008-Nov-10 || Germany ||

United States || Stainless steel butt-weld pipe fittings || AD || Definitive || 2001-Feb-23 || Italy ||

United States || Stainless steel plates in coils || AD || Definitive || 1999-May-21 || Belgium ||

United States || Steel concrete reinforcing bars || AD || Definitive || 2001-Sep-07 || Latvia ||

United States || Steel concrete reinforcing bars || AD || Definitive || 2001-Sep-07 || Poland ||

United States || Low enriched uranium || AD || Definitive || 2002-Feb-13 || France ||

United States || Pressure sensitive plastic tape || AD || Definitive || 2001-May-14 || Italy ||

United States || Pasta || AD || Definitive || 1996-Jul-24 || Italy ||

United States || Pasta || CVD || Definitive || 1996-Jul-24 || Italy ||

United States || Purified Carboxymethylcellulose (CMC) || AD || Definitive || 2005-Jul-11 || Finland ||

United States || Purified Carboxymethylcellulose (CMC) || AD || Definitive || 2005-Jul-11 || Netherlands ||

United States || Stainless steel bar || AD || Definitive || 1995-Mar-02 || Spain ||

United States || Corrosion-resistant carbon steel flat products || AD || Definitive || 1993-Aug-19 || Germany ||

United States || Stainless steel wire rod || AD || Definitive || 2007-Aug-26 || Spain ||

United States || Stainless steel wire rod || AD || Definitive || 2007-Aug-26 || Italy ||

United States || Seamless pipe || AD || Definitive || 1997-Mar-04 || Germany ||

United States || Seamless pipe small diameter || AD || Definitive || 2000-Aug-10 || Romania ||

ANNEX IV – Investigations opened in 2010, 2011 and 2012

Investigations opened in 2010, 2011 and 2012.

Country || AD || CVD || SG || TOTAL

|| 2010 || 2011 || 2012 || 2010 || 2011 || 2012 || 2010 || 2011 || 2012 || 2010 || 2011 || 2012

Argentina || 1 || 0 || 1 || 0 || 0 || 0 || 0 || 0 || 0 || 1 || 0 || 1

Australia || 0 || 1 || 0 || 0 || 0 || 0 || 0 || 0 || 0 || 0 || 1 || 0

Belarus || 0 || 1 || 0 || 0 || 0 || 0 || 0 || 4 || 0 || 0 || 5 || 0

Brazil || 4 || 1 || 2 || 0 || 0 || 0 || 0 || 0 || 1 || 4 || 1 || 3

Canada || 1 || 0 || 0 || 0 || 0 || 0 || 0 || 0 || 0 || 1 || 0 || 0

Chile || 1 || 0 || 0 || 0 || 0 || 0 || 0 || 0 || 1 || 1 || 0 || 1

China || 3 || 2 || 3 || 1 || 0 || 1 || 0 || 0 || 0 || 4 || 2 || 4

Costa Rica || 0 || 0 || 0 || 0 || 0 || 0 || 0 || 0 || 1 || 0 || 0 || 1

Dominican Republic || 0 || 0 || 0 || 0 || 0 || 0 || 2 || 0 || 0 || 2 || 0 || 0

Ecuador || 0 || 0 || 0 || 0 || 0 || 0 || 1 || 0 || 0 || 1 || 0 || 0

Egypt || 0 || 0 || 0 || 0 || 0 || 0 || 0 || 1 || 4 || 0 || 1 || 4

Eurasian Customs Union || 0 || 0 || 0 || 0 || 0 || 0 || 0 || 0 || 3 || 0 || 0 || 3

India || 7 || 1 || 2 || 0 || 0 || 0 || 1 || 1 || 0 || 8 || 2 || 2

Indonesia || 0 || 0 || 0 || 0 || 0 || 0 || 5 || 3 || 6 || 5 || 3 || 6

Israel || 3 || 0 || 1 || 0 || 0 || 0 || 0 || 1 || 0 || 3 || 1 || 1

Jordan || 0 || 0 || 0 || 0 || 0 || 0 || 1 || 0 || 1 || 1 || 0 || 1

Kazakhstan || 0 || 1 || 0 || 0 || 0 || 0 || 1 || 4 || 0 || 1 || 5 || 0

Kyrgyzstan || 0 || 0 || 0 || 0 || 0 || 0 || 1 || 0 || 0 || 1 || 0 || 0

Malaysia || 0 || 0 || 0 || 0 || 0 || 0 || 0 || 1 || 0 || 0 || 1 || 0

Mexico || 0 || 0 || 0 || 0 || 0 || 0 || 1 || 0 || 0 || 1 || 0 || 0

Morocco || 0 || 0 || 0 || 0 || 0 || 0 || 1 || 0 || 1 || 1 || 0 || 1

New Zealand || 0 || 2 || 0 || 0 || 0 || 0 || 0 || 0 || 0 || 0 || 2 || 0

Pakistan || 0 || 0 || 1 || 0 || 0 || 0 || 0 || 0 || 0 || 0 || 0 || 1

Russia || 0 || 1 || 0 || 0 || 0 || 0 || 1 || 1 || 0 || 1 || 2 || 0

South Africa || 0 || 0 || 0 || 0 || 0 || 0 || 0 || 0 || 1 || 0 || 0 || 1

Thailand || 0 || 0 || 0 || 0 || 0 || 0 || 1 || 0 || 1 || 1 || 0 || 1

Turkey || 0 || 0 || 2 || 0 || 0 || 0 || 0 || 1 || 2 || 0 || 1 || 4

Ukraine || 0 || 2 || 0 || 0 || 0 || 0 || 3 || 4 || 0 || 3 || 6 || 0

USA || 0 || 0 || 1 || 0 || 0 || 0 || 0 || 0 || 0 || 0 || 0 || 1

Vietnam || 0 || 0 || 0 || 0 || 0 || 0 || 0 || 0 || 1 || 0 || 0 || 1

TOTAL || 20 || 12 || 13 || 1 || 0 || 1 || 19 || 21 || 23 || 40 || 33 || 37

ANNEX V – Investigations initiated during 2012

Investigations initiated during a certain year ||

In the year 2012.. ||

Investigations initiated in 2012 ||

Country || Product || Instrument || Initiation Date || Exporting MS ||

Argentina || PVC profiles || AD || 2012-Nov-29 || ||

Brazil || Laminated steel || AD || 2012-Apr-14 || Germany, Finland ||

Brazil || Wine || SG || 2012-Mar-15 || ||

Brazil || Ethanolamines || AD || 2012-May-10 || Germany ||

Chile || Broken maize || SG || 2012-Apr-27 || ||

China || Polysilicone || CVD || 2012-Nov-01 || ||

China || Toluene Diisocyanate (TDI) || AD || 2012-Mar-23 || ||

China || Polysilicone || AD || 2012-Nov-01 || ||

China || Toluidine || AD || 2012-Jun-29 || ||

Costa Rica || Pounded Rice || SG || 2012-May-08 || ||

Egypt || Steel rebars || SG || 2012-Nov-28 || ||

Egypt || Polypropylene || SG || 2012-May-31 || ||

Egypt || Cotton Textile || SG || 2012-Feb-23 || ||

Egypt || Raw and white sugar || SG || 2012-Nov-29 || ||

Eurasian Customs Union || Combine Harvesters || SG || 2012-Jul-06 || ||

Eurasian Customs Union || Porcelain tableware || SG || 2012-Aug-31 || ||

Eurasian Customs Union || Woven fabrics || SG || 2012-Oct-01 || ||

India || Cefadroxil Monohydrate || AD || 2012-Feb-22 || ||

India || Polyvinyl Chloride Suspension Grade Resin || AD || 2012-Oct-05 || ||

Indonesia || Flat rolled iron || SG || 2012-Dec-20 || ||

Indonesia || Wheat Flour || SG || 2012-Aug-24 || ||

Indonesia || Mackerel || SG || 2012-Jan-27 || ||

Indonesia || D-glusitol (sorbitol) || SG || 2012-Dec-13 || ||

Indonesia || Kilowatt Hour Meters || SG || 2012-Dec-28 || ||

Indonesia || Casing and Tubing || SG || 2012-Jan-20 || ||

Israel || Bitumou membranes || AD || 2012-Dec-19 || ||

Jordan || Bars and Rods || SG || 2012-Apr-13 || ||

Morocco || Bars and Rods || SG || 2012-Sep-25 || ||

Pakistan || Phthalic Anhydride || AD || 2012-Aug-17 || ||

South Africa || Frozen potato chips || SG || 2012-Nov-23 || ||

Thailand || Hot rolled steel flat || SG || 2012-Nov-27 || ||

Turkey || Certain electrical appliances || SG || 2012-Dec-19 || Belgium, France ||

Turkey || Matches || SG || 2012-May-02 || Germany, Poland ||

Turkey || Float glass colourless || AD || 2012-Nov-27 || ||

Turkey || Water heaters || AD || 2012-Mar-20 || ||

United States || Xanthan Gum || AD || 2012-Jun-26 || ||

Viet Nam || Vegetable oils || SG || 2012-Dec-26 || ||

ANNEX VI – Number of Measures imposed in 2010,2011 and 2012

Measures imposed in 2010, 2011 and 2012.

Country || AD || CVD || SG || TOTAL

|| 2010 || 2011 || 2012 || 2010 || 2011 || 2012 || 2010 || 2011 || 2012 || 2010 || 2011 || 2012

Argentina || 0 || 0 || 1 || 0 || 0 || 0 || 0 || 0 || 0 || 0 || 0 || 1

Belarus || 0 || 0 || 0 || 0 || 0 || 0 || 1 || 4 || 0 || 1 || 4 || 0

Brazil || 0 || 2 || 1 || 0 || 0 || 0 || 0 || 0 || 0 || 0 || 2 || 1

Canada || 1 || 0 || 0 || 0 || 0 || 0 || 0 || 0 || 0 || 1 || 0 || 0

China || 3 || 4 || 3 || 0 || 1 || 0 || 0 || 0 || 0 || 3 || 5 || 3

Chile || 0 || 0 || 0 || 0 || 0 || 0 || 0 || 0 || 1 || 0 || 0 || 1

Dominica republic || 0 || 0 || 0 || 0 || 0 || 0 || 2 || 0 || 0 || 2 || 0 || 0

Ecuador || 0 || 0 || 0 || 0 || 0 || 0 || 1 || 0 || 0 || 1 || 0 || 0

Egypt || 0 || 1 || 0 || 0 || 0 || 0 || 0 || 0 || 3 || 0 || 1 || 3

India || 1 || 2 || 6 || 0 || 0 || 0 || 0 || 1 || 1 || 1 || 3 || 7

Indonesia || 0 || 0 || 0 || 0 || 0 || 0 || 0 || 6 || 2 || 0 || 6 || 2

Israel || 1 || 2 || 0 || 0 || 0 || 0 || 0 || 0 || 0 || 1 || 2 || 0

Jordan || 0 || 0 || 0 || 0 || 0 || 0 || 1 || 0 || 0 || 1 || 0 || 0

Kazakhstan || 0 || 0 || 0 || 0 || 0 || 0 || 0 || 6 || 0 || 0 || 6 || 0

Mexico || 1 || 0 || 0 || 0 || 0 || 0 || 0 || 0 || 0 || 1 || 0 || 0

Pakistan || 0 || 1 || 0 || 0 || 0 || 0 || 0 || 0 || 0 || 0 || 1 || 0

Panama || 0 || 0 || 0 || 0 || 0 || 0 || 0 || 0 || 0 || 0 || 0 || 0

Philippines || 0 || 0 || 0 || 0 || 0 || 0 || 1 || 0 || 0 || 1 || 0 || 0

Russia || 0 || 0 || 0 || 0 || 0 || 0 || 0 || 3 || 0 || 0 || 3 || 0

South Africa || 0 || 0 || 0 || 0 || 0 || 0 || 0 || 0 || 0 || 0 || 0 || 0

Thailand || 0 || 0 || 0 || 0 || 0 || 0 || 0 || 1 || 0 || 0 || 1 || 0

Turkey || 1 || 1 || 0 || 0 || 0 || 0 || 0 || 1 || 1 || 1 || 2 || 1

Ukraine || 0 || 0 || 1 || 0 || 0 || 0 || 1 || 0 || 0 || 1 || 0 || 1

TOTAL || 8 || 13 || 12 || 0 || 1 || 0 || 7 || 22 || 8 || 15 || 36 || 20

ANNEX VII – Measures imposed during 2012

Measures imposed during a certain year ||

In the year 2012. ||

Measures imposed in 2012 ||

Country || Product || Instrument || Type Of Measure || Date Of Imposition || Exporting MS ||

Argentina || Coated paper || AD || Definitive || 2012-Apr-21 || Austria, Finland ||

Brazil || Lightweight paper || AD || Definitive || 2012-Apr-23 || Belgium, Germany, Finland, Sweden ||

Chile || Broken maize || SG || Provisional || 2012-Apr-27 || ||

China || Ethylene Glycol Monobutyl Ether || AD || Provisional || 2012-Jul-28 || Germany, France, Sweden ||

China || Photographic paper || AD || Definitive || 2012-Mar-23 || Netherlands, United Kingdom ||

China || Certain high-performance stainless steel seamless tube used for supercritical and ultra supercritical boiler technology || AD || Provisional || 2012-May-08 || ||

Egypt || Raw and white sugar || SG || Provisional || 2012-Dec-02 || ||

Egypt || Cotton Yarn || SG || Definitive || 2012-Jul-23 || ||

Egypt || Cotton Textile || SG || Provisional || 2012-Feb-29 || ||

India || Stainless Steel Cold Rolled Flat Products of 400 series having width below 600 mm || AD || Definitive || 2012-Oct-04 || Belgium, Germany, Italy, Finland, Sweden ||

India || Morpholine || AD || Definitive || 2012-Jan-24 || ||

India || Aniline || AD || Definitive || 2012-May-29 || ||

India || Melamine || AD || Definitive || 2012-Jun-01 || ||

India || Phtalic Anhydride || SG || Definitive || 2012-Apr-13 || ||

India || Soda Ash || AD || Definitive || 2012-Feb-17 || Bulgaria, Romania ||

India || Pentaerythritol || AD || Definitive || 2012-Jun-20 || ||

Indonesia || Iron or Steel Wire || SG || Definitive || 2012-Nov-20 || ||

Indonesia || Wheat Flour || SG || Provisional || 2012-Dec-05 || ||

Turkey || Certain electrical appliances || SG || Definitive || 2012-May-19 || Belgium, France ||

Ukraine || Float glass with thickness up to 3.5 mm, 3.5 - 4.5 mm, more than 4.5 mm || AD || Definitive || 2012-Apr-28 || ||