EUROPEAN COMMISSION Brussels, 24.7.2015 SWD(2015) 145 final COMMISSION STAFF WORKING DOCUMENT Accompanying the document REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT 12th REPORT



OVERVIEW OF THIRD COUNTRY TRADE DEFENCE ACTIONS

AGAINST THE EUROPEAN UNION FOR THE YEAR 2014 {COM(2015) 359 final}



Annex I – Trends and main cases

(by most important users, most active regions and others) 1.INDIA 1.1.overall trends India proved to be an even more active user of the instruments in 2014 than previously. In 2014, India initiated 10 new investigations out of which 7 safeguard and 3 anti-dumping investigations (in 2013 India initiated 4 anti-dumping and 3 safeguard investigations). At the end of 2014, India had 26 measures in force, and is thus by far the most active country in terms of TDI measures against the EU. Even though, some of these investigations are terminated without measures, a few months after their initiation, they are nevertheless problematic. Initiations have a chilling effect on trade, during the time of the investigation, due to the uncertainty of the outcome. In general, and particularly due to its restrictive nature, the safeguard instrument should be used in exceptional circumstances only. The significant number of safeguard investigations initiated by India does not seem to correspond to this exceptional nature. The Commission will thus continue to insist that the safeguard instrument should only be used when the stringent WTO criteria are properly met. 1.2.main cases The safeguard investigation regarding seamless pipes and tubes initiated in April 2013, showed several major flaws. The increase of imports took place in 2011/2012 and imports decreased thereafter. There are thus strong doubts that the increase of imports could be qualified as recent enough in WTO terms. Furthermore, the industry did not seem to suffer serious injury and other factors certainly contributed to the injury, if any. For example, the decrease in domestic demand by around 25%, and the excessive capacity building that exceeds domestic demand, were clearly contributing factors, which were not sufficiently taken into consideration. The Commission made submissions, participated in the public hearing and intervened at political level. The measures were nevertheless imposed in August 2014. The safeguard investigation regarding cold rolled flat products of stainless steel was initiated in September 2014. The main issue here again is, whether the increase of imports was recent, sudden or sharp enough. Furthermore, the excessive capacity building seems to be the major reason for the difficult situation of the industry, rather than increased imports. The Commission has made a submission to raise these points and continues to closely monitor the case, which was still on-going at the end of 2014. In many other cases involving India, the economic interest is rather low and the EU industry decided not to cooperate in the investigations. In the absence of co-operation, the Commission normally only intervenes in cases, where the analysis shows important systemic problems. This was the case, for example, for 2-ethyl hexanol and normal butanol. In both these anti-dumping investigations, there were strong doubts as to the causal link between the allegedly dumped imports and any injury suffered by the Indian industry. In particular, the industry’s costs increased significantly without any apparent reason. Furthermore, imports merely filled the gap between local supply and domestic demand, which is much higher than the Indian industry’s capacity. The Commission made submissions in both cases and continues to follow and monitor them closely. 2.CHINA 2.1.overall trends In 2014, China's use of trade defence instruments against imports from the EU was similar to 2013. In 2014, China initiated 1 new anti-dumping investigation and 3 anti-dumping reviews, the same number as in 2013. In addition, it also imposed definitive measures in 3 anti-dumping and 1 anti-subsidy proceeding (the Polysilicon investigation combined both anti-dumping and anti-subsidy measures), which had been initiated before 2014. These measures brought the total number of measures in force to 18, which ranks China, together with the US, as the 2nd country in terms of the number of measures in force against the EU. In 2014, China terminated 2 investigations following the withdrawal of the complaint by the Chinese industry. These include the wine case, which was already reported in the 11th Report. In 2014, there were no investigations initiated as retaliation against an investigation initiated by the EU. However, this does not mean that this inappropriate practice is at bay, and the Commission will remain vigilant in this regard. 2.2.main cases During 2014, the Commission continued to be closely involved in the polysilicon case. This China retaliation case, as reported already in the 11th Report, was concluded in March 2014 with a price undertaking agreement between the Chinese authorities and the cooperating EU exporter. Since then, the Commission has been actively supporting the cooperating EU exporter in its dialogue with the Chinese authorities. In particular, it appears that there are problems with the timely authorisation of adjustments, according to the terms of the undertaking. As a result, the access for EU polysilicon on the Chinese market was delayed, and caused a loss of business for the cooperating EU exporter. China imposed definitive anti-dumping duties in 2 cases, which were initiated in 2013, against imports of certain alloy-steel seamless tubes and pipes for high temperature and pressure service and perchlorethylene or petrachloroethylene (PCE). The Commission was closely involved in both investigations. It actively supported the affected EU exporters, by submitting several detailed rebuttal submissions to the Chinese investigative authorities, highlighting the serious flaws in the preliminary and final determinations. The anti-dumping investigation initiated regarding imports of haemodialysis equipment was terminated after 6 months following the withdrawal of the complaint. The Commission had actively intervened in this case and had raised important issues bilaterally with the Chinese authorities (please see achievements in the main report). China also initiated 2 anti-dumping expiry reviews against polyamide 6,6 and adipic acid and 1 anti-dumping interim review against ethylene & diethylene glycol monobutyl ether (EBMEG). These investigations are still ongoing. The Commission will continue monitoring them and will intervene as appropriate. 3.USA

3.1.overall trends In 2014, the number of US trade defence measures in force are 18 (17 anti-dumping measures and 1 anti-subsidy measure), ranking the US together with China, as 2nd, in terms of measures in force against EU imports. In 2014, the US did not initiate any new investigation against EU imports and terminated 2 anti-dumping investigations, which were initiated in 2013, without imposing any measures. The US imposed one 1 new anti-dumping measure in 2014. In 2012, the EU and the US signed a "Roadmap", with the aim to remove the use of targeting in US administrative reviews. However, as already in 2013, also in 2014, the US approach in administrative reviews was less than satisfactory, because of the continued recourse to this methodology, based on questionable "targeted dumping" findings. During 2014, the US used targeting in 4 out of 12 administrative reviews concerning EU exporters. This suggests that findings of targeted dumping are far from being "exceptional" and merit our detailed attention. 3.2.main cases In December 2014, the US ITC terminated a sunset review concerning imports of lightweight thermal paper from Germany, without the continuation of measures (please see achievements in the main part of this report). Definitive anti-dumping measures were imposed in a new investigation concerning non-oriented electrical steel (NOES) imported from Germany and Sweden, and in the first sunset review concerning sodium nitrate imported from Germany. In 2014, the US terminated the anti-dumping investigation against imports of grain-oriented electrical steel (GOES) without the imposition of measures. The grounds for the termination were that the imports of GOES from the investigated countries, including the Czech Republic, Germany and Poland, did not cause injury to the US industry. As far as the methodology used in targeted dumping findings is concerned, it should be noted that Korea challenged its compatibility with WTO rules in a WTO panel in 2013 (dispute DS464: US – anti-dumping and countervailing measures on large washers from Korea). The EU made a third party written submission in that case in December 2014. The Commission will continue to closely monitor this dispute, as it concerns a systemic issue in relation to the US practice in AD investigations and will intervene in its subsequent stages as appropriate.

4.TURKEY 4.1.overall trends Turkey remains a very active user of trade defence instruments overall, and also regarding measures against the EU. It initiated 3 new safeguard investigations in 2014, and concluded 1 ongoing safeguard investigation by imposing measures. In 3 other safeguard investigations the measures were extended for the second time. Turkey has continued to almost systematically extend existing safeguard measures. The Commission remains very concerned, because the Turkish practice of systematic extensions of safeguard measures for the maximum duration of 8 years is highly questionable. In particular, because the situation of the Turkish domestic industries concerned has significantly improved. Therefore the repeated prolongation of the measures does not seem to be warranted. 4.2.main cases The 3 new safeguard investigations initiated in 2014 concern wall paper and mobile phones (initiated in December) and printing, writing and copying papers (initiated in June). These investigations are still ongoing with the active participation of the EU producers as well as the Commission and Member States. The safeguard investigation concerning imports of terephthalic acid (PTA) was concluded in June 2014. Duties were imposed for 2 years at a relatively low level (4% for the first and 3.75% (please see achievements above). The 3 extension investigations concerning safeguard measures on spectacle frames, bags and PET were concluded in 2014. Unfortunately all three investigations resulted in the 2nd extension of the measures. The Commission has identified severe weaknesses in all three cases, made several written submissions and raised the issues at the WTO Committee on Safeguards, on a case by case level, as well as a systemic issue. ASIA (except for India and China)

5.INDONESIA 5.1.overall trends

In 2014, Indonesia initiated 3 new safeguard investigations and also imposed safeguard measures in 2 other cases. Its activity in the area of trade defence thus increased significantly as compared to 2013, making this country one of the most active users of the safeguard instruments in 2014. A similar disturbing trend was already observed in 2012, when Indonesia initiated 6 new safeguard proceedings. These investigations are however more of systemic than economic concern, since EU exports are rarely affected. 5.2.main cases New safeguard investigations were initiated against imports of coated paper and paperboard, bars and rods and I and H sections of other alloy steel. Definitive safeguard measures were imposed against imports of wheat flower and flat-rolled product of iron or non-alloy steel, (which were initiated before 2013). In 2014, Indonesia also extended the existing safeguard measures against imports of cotton yarn other than sewing thread. Similar to previous cases, the safeguard investigations initiated by Indonesia in 2014 targeted mainly the increased imports originating from other Asian countries. The Commission stressed on several occasions and fora that the erga omnes nature of the safeguard instrument affects imports from all countries and was thus not the appropriate remedy to address a flood of low priced imports from one or few specific Asian countries. The Commission reiterated that another more appropriate instrument should have been considered to target the problems faced by the Indonesian industry. The Commission will continue to closely monitor these Indonesian safeguard proceedings and will intervene, as appropriate.

6.THAILAND As in 2013, Thailand's trade defence activity affecting EU exports was also relatively low in 2014. Thailand initiated 1 safeguard investigation against non-alloy hot rolled steel flat products in coils and not in coils and 1 anti-dumping expiry review investigation against flat hot-rolled steel in coils and not in coils. In the first investigation, Thailand imposed definitive safeguard measures, whereas the expiry review has not been finalised yet.

7.JAPAN Japan is not a regular user of the trade defence instruments. In 2014 Japan concluded an expiry review on electrolytic manganese dioxide. The anti-dumping measures were extended for another 5 years period.

8.THE PHILIPPINES 8.1.overall trends In 2013, the Philippines had initiated 2 new safeguard investigations, whereas in 2014 the country initiated only 1 review investigation concerning a safeguard measures. The two investigations initiated in 2013 were still ongoing in 2014. One of them was terminated 2015. 8.2.main cases In 2014 the Commission intervened on several occasions in the safeguard proceeding concerning newsprint, which was initiated by the Philippines in 2013. Specifically, the Commission submitted detailed comments in October and December 2014, highlighting numerous flaws identified in the report concerning preliminary findings. In particular, the Commission underlined that the safeguard instrument should be used in exceptional circumstances only, and that a different trade defence instrument would be much better suited to address massive low priced imports originating mainly in one Asian country. Other 2 investigations concerning imports of steel angle bars (initiated last year), and against galvanised iron and pre-painted galvanised iron sheets and coils(initiated two years ago), target mainly increased imports resulting from the implementation of the Free Trade Agreements between the ASEAN Members and other Asian countries. The Commission intervened in the latter case by submitting detailed comments on a number of flaws which were identified in the report on the initiation of the investigation. This investigation was finally terminated without imposition of safeguard measures in February 2015. The Commission will continue to closely monitor these safeguard proceedings in 2015 and will intervene as appropriate.

9.VIETNAM Vietnam's activity in the area of trade defence was very modest during the last two years. In 2013 and 2014, Vietnam did not open any trade defence investigations. The only trade defence measure in force relates to safeguard duties, which were imposed in 2013 against imports of vegetable oils. 10.MALAYSIA Malaysia is a very modest user of trade defence instruments. In 2013, Malaysia terminated 1 anti-dumping investigation against imports of newsprint rolls from the European Union without imposing any measures. In 2014, it opened 1 safeguard investigation against imports of hot-rolled steel plate products of iron or non-alloy steel and other alloy steel. This investigation has not yet been finalised. The Commission will continue to monitor this case and will not hesitate to intervene if the applicable WTO rules are not respected. 11.TAIWAN

Taiwan is not a regular user of trade defence instruments. In 2013 Taiwan initiated only 1 new investigation, which was the first one since 2003. This investigation was terminated in 2014. LATIN AMERICA

12.BRAZIL 12.1. overall trends In 2014, Brazil has become the WTO member having initiated the highest number of anti-dumping investigations against EU exports. After a steady trend in the past years, and following the completion of the modernization process of the Brazilian TDI law, 7 new anti-dumping investigations (compared to 3 in 2013) were initiated this year, involving a total of 10 EU Member States. 12.2. main cases The Commission is closely monitoring the new and ongoing cases and has intervened on a number of occasions, through written submissions, letters and via participation in public hearings. In particular, the Commission is deeply involved in the defence of the ESBR (synthetic rubber) case. The first case against the EU and Argentina was terminated. The subsequent reopening of the same investigation, removing Argentina from the scope, raised doubts regarding its procedural soundness. Moreover, the case shows several important weaknesses in terms of injury and causation. Ongoing cases from previous years also required the Commission's attention, such as galvanized steel wire from Sweden and plastic tubes for blood collection from UK and Germany. The Commission has actively intervened in both cases making detailed technical submissions. Finally, 2 review investigations were concluded in 2014 with the continuation of measures regarding phenol from Belgium and Germany, and glazed paper from Finland. In the first case, the measures had been in place since 2002 and were prolonged until 2019. In the second case, the original measures were imposed in 2008 and the intervention of the Commission, together with the Finnish company involved could not avoid the continuation of measures for five more years.

13.ARGENTINA 13.1. overall trends In 2014, Argentina has resumed its use of trade defence instruments against the EU. In contrast to a quiet 2013, 2 new measures were imposed and 1 new investigation was initiated (veterinary vaccines from France). This brings the total number of measures in force to 5 (as compared to 4 in 2013). 13.2. main cases Argentina imposed measures on PVC profiles form Germany and ceramic borders from Spain in June and July respectively. For both cases, the measures were published in the Official Journal a few weeks after the signature of the decree. The Commission formally complained to the Argentinian authorities about the legal uncertainty that late publications of measures represent for European companies.

14.MEXICO 14.1. overall trends Mexico had not used trade defence instruments against the EU for some time (the last initiation was in 2008). This trend changed in 2014, with the initiation of 2 new anti-dumping investigations concerning steel products with significant EU interests. The only measures in force are carbon steel plate from Romania and carbon steel tubes from UK. 14.2. main cases

The 2 new anti-dumping investigations initiated in 2014 concerned hot rolled steel coils from Germany and France and carbon steel tubes from Spain. Both investigations are at initiation stage and the EU industry has already requested the intervention of the Commission. A review of the anti-dumping measure on carbon steel tubes from the UK was also initiated in 2014. COLOMBIA, COSTA RICA, THE DOMINICAN REPUBLIC and ECUADOR These countries are sporadic users of trade defence instruments. However, they sometimes use the safeguard instrument, but often those cases are of no or low economic interest for EU producers. This was also the case for the 4 safeguard investigations initiated by Colombia in 2014: steel wire rods, steel angles, steel bars and rods and steel plates.

THE MEDITERRANEAN REGION

15.MOROCCO 15.1. overall trends With 3 anti-dumping and 1 safeguard measure in force, as well as 1 new ongoing safeguard investigation, Morocco has become a regular user of TDI affecting the EU. 15.2. main cases The EU industry is particularly concerned by the new safeguard investigation regarding yet another steel product, i.e. cold rolled sheets and plated or coated sheets. The Commission has made several submissions and participated in a public hearing in February 2015. The main issue is that Morocco included in its analysis the imports into the free zone of Tanger, although measures would not be applied in that zone (WTO jurisprudence requires a parallelism between the imports under analysis and the imports the measures will apply to ). By excluding the imports to Tanger, measures would not be justified for the plated and coated sheets. In the safeguard case regarding steel wire rods and reinforcing bars definitive measures were imposed in April 2014. Concerning bars, measures were imposed despite the complete absence of a causal link between the injury and the increased imports. The domestic industry has still a very comfortable market share of 95%. The Commission intervened strongly with technical submissions and during the public hearing and had further 2 technical meetings with the authorities in Rabat. Interventions on a higher political level also took place. As a result a higher quota for both products, shorter duration of measures and faster liberalisation was obtained (as also reported in the 11th report). Definitive AD measures concerning hot rolled steel sheets were imposed in August 2014. The Commission raised the significant shortcomings of the case. In particular, the case was based on material retardation of the establishment of an industry, which is an extremely difficult injury standard to prove, and to our knowledge, has not been used by any other authority in over a decade. The Commission made submissions and defended the EU industry’s interest in a public hearing in Rabat. The case was mainly based on a business plan which, given the realities in the steel sector, aimed at a market share of 100% within 3 years while only 70% could be reached. Moreover, over that period, the industry significantly increased capacity, production, sales and market share, which cannot be considered as suffering material injury in terms of WTO rules. Thus the imposition of measures was clearly not warranted. In the AD investigation concerning A4 paper, definitive measures were imposed in October 2014. Again, the Commission intervened several times supporting EU industry via submissions and during a public hearing in Rabat. The main issue in this case was a lack of causal link. It appeared that the domestic industry was not able to produce one specific type of high-end quality paper for which there is however a high demand by users. The AD investigation regarding insulin raised specific issues, in particular as it involves procurement by tendering and also public interest issues. Through the imposition of measures, insulin would become more expensive for Moroccan users/patients. The Commission made a submission to the Moroccan authorities highlighting these issues. Provisional measures were imposed in May 2014, and a price undertaking was accepted by the Moroccan authorities in February 2015 (please see achievements in the main part of the report).

16.EGYPT 16.1. overall trends In 2014, Egypt initiated 2 safeguard investigations and 1 anti-subsidy investigation, and imposed one provisional safeguard measure. Compared to previous years this is a significant increase and is of particular concern, since here again safeguards seem to be the preferred instrument. 16.2. main cases In the safeguard investigation regarding steel re-bars it is not clear if the requirement of recent, sharp and sudden increase of imports is met, since imports fluctuate. Furthermore, the causal link is also not clear. The Commission intervened during the public hearing and made a post hearing submission. The investigation is still ongoing. The safeguard investigation regarding automotive batteries was initiated in December 2014. The main issue seems to be a lack of a causal link. The Commission made a submission on initiation and will continue to follow and monitor the case. Egypt also initiated an anti-subsidy investigation regarding imports of Edam cheese from the Netherlands. Egypt did not respect its WTO, nor its EUROMED obligations, when initiating the case and failed to inform the EU and offer pre-initiation consultations. The Commission was informed about the case only 3 months after its initiation. The Commission then submitted a subsidy questionnaire and replied to a deficiency letter while fully reserving its legal rights concerning the serious procedural flaws by the Egyptian authorities. Belated consultations took place in Cairo in January 2015. The main issues in this case are that the subsidies targeted are green box subsidies, which are not trade distortive and thus not countervailable. Furthermore, the causal link is not convincing. The industry was loss making at the beginning of the period and its profits increased when imports started to increase significantly. This seems to indicate that other factors are causing injury, if any, to the Egyptian industry. This appears to be confirmed by a lack of undercutting. At the beginning of March 2015, Egypt issued an “Essential facts and conclusion report” proposing the termination of the investigation (please see achievements in the main part of this report).



17.TUNISIA 17.1. overall trends Tunisia, historically not a frequent user of TDI, has initiated 2 safeguard investigations at the same time in September 2014. 17.2. main cases The SFG investigation regarding glass bottles shows several important shortcomings. In particular, inconsistencies in import data make it impossible to establish a trend. The product definition is unclear. Key information such as market shares is missing. It is also not clear if the industry is indeed suffering serious injury caused by increased import. Other factors, such as a significant increase of capacity, and an important increase in costs due to increasing energy prices, seem to have a significant impact on the situation of the industry. The Commission made a submission at initiation and will continue to closely follow and monitor the case.

The safeguard investigation concerning fibre board showed similar shortcomings as the glass bottle investigation, in particular inconsistencies in figures and lack of information on key indicators such as market share. In this case there seems to be a clear break in the causal link. The complaining domestic producer imported itself a significant amount of fibre board, the local capacity is insufficient to supply domestic demand, important quality problems of the local product, and an import increase of raw material prices. The Commission made a submission at initiation and continues to closely follow and monitor the case.

18.JORDAN 18.1.overall trends Jordan has used the instruments occasionally in the past and has 1 safeguard measure on steel re-bars in force. It initiated 1 new safeguard investigation in 2014. 18.2.main cases The safeguard investigation regarding A4 paper was initiated in August 2014. The requirement of a recent, sharp and sudden increase of imports does not seem to be fulfilled as imports in fact decreased in the most recent period. Furthermore, other factors seem to be the cause of injury (if any), in particular, insufficient local capacity, lack of competitiveness, and quality problems. The Commission made a submission at initiation, participated in a hearing in Islamabad and will continue to closely monitor the case.



OTHERS

19.CANADA 19.1.overall trends Canada is a moderate user of TDIs. It has 4 anti-dumping and 1 anti-subsidy measures in force against EU imports. It has not initiated any new investigations in 2014, but has initiated expiry reviews regarding refined sugar and bell peppers in early 2015. 19.2.main cases In December 2014, Canada published a notice of expiry regarding the anti-subsidy measures on refined sugar and asked parties to provide evidence in order to decide whether or not to initiate a 4th expiry review in this case. As in all the previous reviews, the Commission cooperated in order to provide information showing that anti-subsidy measures against imports from the EU are not warranted any longer. In particular, since the reform of the Common Agricultural Policy in 2005, the EU sugar industry has been restructured and the production capacity reduced by 30%. In the previous review the Canadian authorities had come to the conclusion that EU imports would not be injurious. However, the Canadian sugar producers appealed that decision and won. As a result the measures were continued for another 5 year period. The Commission will continue to cooperate in the current review investigation and intervene as appropriate.

20.SOUTH AFRICA 20.1.overall trends South Africa was not a regular user of the trade defence instruments concerning imports from the EU until 2013. In that year, South Africa initiated 3 new investigations (1 anti-dumping and 1 safeguard investigation regarding frozen potato chips and 1 anti-dumping investigation regarding frozen chicken). In 2014, no new investigations were initiated.

20.2.main cases In the anti-dumping investigation concerning frozen bone in portions of fowls (‘chicken’) imported from Germany, the Netherlands and the United Kingdom, provisional duties were imposed in April 2014, for a period of 9 months. These duties expired on 3 January 2015, and no final decision was taken at the time of producing this report. The Commission made a technical submission commenting on the disclosed findings following which duty rates were reduced (proposed duty rates range from 0 to 73,33%). The case attracting the most technical as well as political attention in relation to South Africa in 2014 was frozen potato chips, where unusually, the EU faced two parallel investigations: one safeguard and one anti-dumping. Concerning the safeguard investigation, the Commission has been very active (supporting EU industry and concerned Member States), including bi-lateral consultations, hearings, bi-lateral meetings with South Africa on a political, as well as a technical level, and exchange of high level letters. Despite these efforts, provisional safeguard duties of 61,42% were imposed in July 2013 and lapsed in January 2014. In parallel, the South African authorities continued with the anti-dumping investigation on the same product and imposed provisional measures in December 2013, which lapsed in June 2014.In July 2014, South Africa decided to impose definitive safeguard measures for 2 years (40,92% duty in the first year and 20,45% duty in the second year). The anti-dumping proceeding was suspended for this period. This final conclusion was highly contested by the EU in a letter to the authorities explaining the main concerns (prohibitive duties imposed on the basis of an outdated report, high market share of the domestic industry, and positive developments in the situation of domestic producers). The Commission will continue to closely monitor the case. Concerning tall oil fatty acid, a sunset review was initiated on 22 November 2013 and it resulted in a conclusion to terminate the duties on imports of this product from Sweden. The measures were in force since December 2008.

21.EURASIAN CUSTOMS UNION (Russia, Kazakhstan, Belarus and Armenia as from 2 January 2015) 21.1.overall trends The year 2014 has also been very quiet in trade defence terms. The number of measures in force has decreased from 8 measures in 2013 (of which 7 safeguards) to 4 in 2014. While no new investigation was initiated, nor any new measure imposed, 4 safeguard measures have expired. Armenia joined the Customs Union as from 2 January 2015and notified the WTO that the Eurasian measures would also apply to Armenia as from that date. 21.2.main cases The Commission has decided to request a WTO panel against Russia concerning the anti-dumping measures imposed on imports of light commercial vehicles. The official request was made in September 2014 and mainly concerns the lack of an objective injury analysis and procedural flaws. The substantive part of the Panel proceeding will take place in 2015. As regards the safeguard measures on combine harvesters and modules the Commission has strong doubts regarding the WTO compatibility of these measures, and the quota introduced (foreseen expiry on 21 August 2016) is particularly restrictive.

22.UKRAINE 22.1.overall trends Trade defence activity in Ukraine has been very quiet in 2014. Similar to 2013, at the end of 2014 there were 4 measures in force, 1 anti-dumping measure on float glass (currently being reviewed for a possible extension) and 3 safeguard measures on steel seamless casing and lifting pipes, cars, and porcelain table and kitchenware, of which 1 was imposed in 2014. 22.2. main cases The safeguard investigation on imports of porcelain tableware and kitchenware was concluded with the imposition of measures one year after its initiation, in May 2014. As regards the safeguard measures on cars, Japan requested WTO consultations with Ukraine (case number DS 468) and the European Union joined Japan as a third party in these consultations in 2013. While Japan decided to go ahead and request the establishment of a panel, the Commission did not join but instead intervened as a third party. The proceeding is still on-going.

23.AUSTRALIA

23.1.overall trends Following a sudden increase in 2013, Australia continued to use trade defence instruments against EU imports in 2014. 3 new anti-dumping investigations were initiated (quenched and tempered steel plate from Finland and Sweden, newsprint from France and steel reinforcing bar from Spain) and three anti-dumping measures remained in force. Regarding new measures, Australia imposed 2 definitive anti-dumping duties compared to 1 in 2013 (processed tomatoes form Italy and quenched and tempered steel plate from Finland and Sweden). 23.2.main cases In April 2014, definitive measures were imposed on processed tomatoes from Italy (provisional measures were already in force since 2013). Duties were ranging from 3.25% to 26.35% and concerned only 55% of the Italian exports to Australia. In March 2014, the investigation was terminated for the two main exporters because the dumping margins found by the investigating authorities were below de minimis level (e.g. 2%) (please see achievements in the main part of the report). Subsequently, the Italian exporters concerned by the measure, together with the Italian government, lodged a review application and an administrative review of the measure was initiated in May 2014. In parallel, a total of eight Italian producers requested a new exporter's review. The Commission had actively intervened since the beginning of the investigation through different submissions to the Australian authorities, supporting Italian exporters during the whole investigation process, including the review. In essence, it seems that any injury is caused by factors other than Italian imports. The Commission also stressed the illegality and WTO incompatibility of the attempt to investigate alleged upstream subsidies in the context of an anti-dumping investigation. Unexpectedly, the Australian authorities initiated a new anti-dumping investigation against the 2 exporters with 0% dumping margin early in 2015, and only 10 months after the imposition of the anti-dumping measures. This latest initiation, which appears not to be based on any new evidence, is seen as somewhat discriminatory and unduly burdensome for the EU exporters concerned, and the Commission will continue to defend their interests, as appropriate.

24.NEW ZEALAND New Zealand did not initiate any new investigations in 2013 and 2014. 2 anti-dumping measures against canned peaches from Spain (since 2011) and from Greece (since 1997) are still in force. The duties against Greece were to expire in November 2014, but New Zealand initiated the third expiry review and, as a consequence, they will remain in force at least until the end of the investigation. Annex II – Measures in force at the end of 2012, 2013 and 2014 Measures in force at the end of 2012, 2013 and 2014. Country AD CVD SG TOTAL 2012 2013 2014 2012 2013 2014 2012 2013 2014 2012 2013 2014 Argentina 5 4 5 0 0 0 0 0 0 5 4 5 Australia 3 3 3 0 0 0 0 0 0 3 3 3 Belarus 0 1 0 0 0 0 4 3 0 4 4 0 Brazil 10 11 9 0 0 0 0 0 0 10 11 9 Canada 2 2 4 1 1 1 0 0 0 3 3 5 Chile 0 0 0 0 0 0 1 0 0 1 0 0 China 15 18 16 1 1 2 0 0 0 16 19 18 Colombia 0 0 0 0 0 0 0 2 1 0 2 1 Dominican Republic 0 0 1 0 0 0 1 0 0 1 0 1 Ecuador 0 0 0 0 0 0 1 0 0 1 0 0 Egypt 1 1 1 0 0 0 3 2 1 4 3 2 Eurasian Customs Union 0 0 1 0 0 0 0 2 2 0 2 4 India 19 20 22 0 0 0 2 1 4 21 21 26 Indonesia 0 0 0 0 0 0 8 10 6 8 10 6 Japan 1 1 1 0 0 0 0 0 0 1 1 1 Jordan 0 0 0 0 0 0 0 1 1 0 1 1 Kazakhstan 0 1 0 0 0 0 5 5 0 5 6 0 Korea 1 1 1 0 0 0 0 0 0 1 1 1 Mexico 4 4 2 0 0 0 0 0 0 4 4 2 Morocco 0 0 3 0 0 0 0 1 1 0 1 4 New Zealand 2 2 2 0 0 0 0 0 0 2 2 2 Pakistan 4 5 4 0 0 0 0 0 0 4 5 4 Peru 0 0 0 1 0 0 0 0 0 1 0 0 Philippines 0 0 0 0 0 0 1 0 1 1 0 1 Russia 0 1 0 0 0 0 5 5 0 5 6 0 South Africa 2 3 4 0 0 0 0 1 1 2 4 5 Thailand 3 3 1 0 0 0 1 2 3 4 5 4 Turkey 3 5 6 0 0 0 7 7 7 10 12 13 Ukraine 2 2 1 0 0 0 1 2 3 3 4 4 USA 17 16 17 1 1 1 0 0 0 18 17 18 Vietnam 0 0 0 0 0 0 0 1 1 0 1 1 TOTAL 94 104 104 4 3 4 40 45 32 138 152 140



Annex III – Measures in Force on 31.12.2014 Measures in Force At 2014-Dec-31 Country Product Instrument Type Of Measure Date Of Imposition Exporting MS 1 Argentina Ceramic borders AD Definitive 2014-Jul-02 Spain 2 Argentina Coated paper AD Definitive 2012-Jun-14 Austria, Finland 3 Argentina Electrical terminals AD Definitive 2009-Apr-02 Germany 4 Argentina PVC profiles AD Definitive 2014-Jun-03 Germany 5 Argentina straight handsaw blades AD Definitive 2008-Feb-21 Sweden 6 Australia Prepared or preserved tomato products AD Definitive 2014-Apr-16 Italy 7 Australia Processed dried currants AD Definitive 2009-Jan-14 Greece 8 Australia Q&T Steel Plate AD Definitive 2014-Nov-05 Finland, Sweden 9 Brazil Ethanolamines and triethanolamines AD Definitive 2013-Nov-04 Germany 10 Brazil Glazed paper AD Definitive 2011-Oct-06 France, Italy, Hungary 11 Brazil Glazed papers AD Definitive 2008-Oct-22 Finland 12 Brazil Indigo Blue AD Definitive 2008-Mar-24 Germany 13 Brazil Laminated steel AD Definitive 2013-Oct-04 Germany, Finland 14 Brazil Lightweight paper AD Definitive 2012-Apr-23 Belgium, Germany, Finland, Sweden 15 Brazil Milk powder AD Definitive 2001-Feb-23 Denmark, Ireland 16 Brazil Phenol AD Definitive 2002-Oct-16 Belgium, Germany 17 Brazil Seamless steel pipes AD Definitive 2005-Oct-07 18 Canada Bell peppers AD Definitive 2010-Oct-19 Netherlands 19 Canada Copper tubes AD Definitive 2014-Jan-02 Greece 20 Canada Hot-rolled carbon steel plate and high-strength low-alloy steel plate AD Definitive 2004-Jan-09 Czech Republic, Bulgaria, Romania 21 Canada Refined sugar CVD Definitive 1995-Nov-06 European Union of 15 22 Canada Steel plate AD Definitive 2014-Jun-04 Denmark, Italy 23 China Adipic acid AD Definitive 2009-Nov-02 Germany, France, Italy 24 China Alloy Seamless Tubes AD Definitive 2014-May-10 Germany, France, Italy 25 China Caprolactam AD Definitive 2011-Sep-22 Czech Republic, Germany, Spain, Netherlands, Poland 26 China Certain high-performance stainless steel seamless tube used for supercritical and ultra supercritical boiler technology AD Definitive 2012-Nov-09 Germany, Spain, Italy, Sweden 27 China Certain iron or steel fasteners AD Definitive 2010-Jun-29 Germany, Spain, France, Italy, Poland, Sweden, United Kingdom 28 China Ethylene Glycol Monobutyl Ether AD Definitive 2013-Jan-25 Germany, France, Sweden 29 China Hydrazine Hydrate AD Definitive 2005-Jun-17 France 30 China Optical fiber AD Definitive 2011-Apr-22 Denmark, Germany, France, Italy, Netherlands 31 China Perchlorethylene AD Definitive 2014-May-30 Germany, France 32 China Photographic paper AD Definitive 2012-Mar-23 Netherlands, United Kingdom 33 China Polyamide-6 (PA6) AD Definitive 2010-Apr-22 Belgium, Germany, Italy, Netherlands, Poland 34 China Polyamide-6,6 AD Definitive 2009-Oct-12 France, Italy, United Kingdom 35 China Polysilicone CVD Definitive 2014-Apr-30 36 China Polysilicone AD Definitive 2014-Apr-30 37 China Potato Starch CVD Definitive 2011-Sep-17 Germany, France, Netherlands 38 China Potato Starch AD Definitive 2007-Feb-06 Germany, France, Netherlands 39 China Toluene Diisocyanate (TDI) AD Definitive 2013-Mar-13 Germany, Spain, France, Hungary, Poland 40 China Toluidine AD Definitive 2013-Mar-13 Germany 41 Colombia Wire rods SG Definitive 2014-Apr-30 Spain 42 Dominican Republic Steel bars AD Definitive 2014-Jul-30 Spain 43 Egypt PET containers AD Definitive 2011-Jun-14 Italy 44 Egypt Steel Rebar SG Provisional 2014-Oct-14 Spain, Italy, Bulgaria 45 Eurasian Customs Union Porcelain tableware and kitchenware SG Definitive 2013-Sep-29 Germany, Poland, United Kingdom 46 Eurasian Customs Union Combine Harvesters SG Definitive 2014-Jan-01 Germany 47 Eurasian Customs Union Light commercial vehicles AD Definitive 2013-Jun-16 Germany, Italy, Poland 48 India Acetone AD Definitive 2008-Mar-11 Belgium, Spain, Italy 49 India Aniline AD Definitive 2012-May-29 50 India Caustic soda AD Definitive 2001-Jun-26 France 51 India Caustic soda AD Definitive 2003-Oct-01 Belgium, Italy 52 India Cefadroxil Monohydrate AD Definitive 2013-Oct-10 53 India Certain Rubber Chemicals AD Definitive 2005-Nov-20 Belgium, Germany, Italy 54 India Cold-Rolled Flat Products of Stainless Steel AD Definitive 2010-Feb-20 Belgium, Spain, France, Italy, Netherlands, Finland, Sweden, United Kingdom 55 India Hot Rolled Flat Steel AD Definitive 2011-Oct-11 Belgium, Germany, Slovenia, Finland 56 India Melamine AD Definitive 2012-Jun-01 57 India Methylene Chloride AD Definitive 2014-May-21 58 India Morpholine AD Definitive 2012-Jan-24 59 India Pentaerythritol AD Definitive 2006-Apr-20 Sweden 60 India Pentaerythritol AD Definitive 2012-Jun-20 61 India Phenol AD Definitive 2003-Mar-24 European Union of 15 62 India Polyvinyl Chloride Suspension Grade Resin AD Definitive 2014-Jun-13 63 India Potassium carbonate AD Definitive 2004-Feb-20 European Union of 15 64 India Purified Terephthalic Acid AD Provisional 2014-Jul-24 65 India PVC paste resin AD Definitive 2004-Oct-07 Spain, Italy 66 India Saturated fatty Alcohols SG Definitive 2014-Oct-09 67 India Seamless Pipes SG Definitive 2014-Aug-13 68 India Soda Ash AD Definitive 2012-Feb-17 Bulgaria, Romania 69 India Sodium Citrate SG Definitive 2014-Dec-31 70 India Sodium Nitrate AD Definitive 2014-Nov-11 Bulgaria 71 India Sodium nitrite AD Definitive 2002-Nov-29 European Union of 15 72 India Sodium Nitrite SG Definitive 2014-Feb-26 73 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 74 Indonesia Casing and Tubing SG Definitive 2013-Aug-06 75 Indonesia Cotton yarn other than sewing thread SG Definitive 2011-Jun-06 76 Indonesia Flat rolled iron SG Definitive 2014-Jul-22 77 Indonesia Iron or Steel Wire SG Definitive 2012-Nov-20 78 Indonesia Wheat Flour SG Definitive 2014-May-04 79 Indonesia Wire of iron/non-alloy steel not plated/coated, containing carbon < 0.25% by weight SG Definitive 2011-Mar-23 Germany 80 Japan Electrolytic Manganese Dioxide AD Definitive 2008-Aug-29 Spain 81 Jordan Bars and Rods SG Definitive 2013-Jun-16 82 Korea/South Stainless steel bar AD Definitive 2004-Jul-30 Spain 83 Mexico Carbon steel plate in sheets AD Definitive 2005-Sep-22 84 Mexico carbon steel tubes with longitudinal straight seam AD Definitive 2010-Jan-06 United Kingdom 85 Morocco Bars and Rods SG Definitive 2014-Apr-01 86 Morocco Hot rolled steel sheets AD Definitive 2014-Aug-12 87 Morocco Insulin AD Provisional 2014-May-16 88 Morocco Paper A4 AD Provisional 2014-Feb-13 89 New Zealand Canned peaches AD Definitive 1998-Mar-09 Greece 90 New Zealand Preserved peaches AD Definitive 2011-Aug-04 91 Pakistan Formic acid AD Definitive 2006-Jul-07 Germany, Finland 92 Pakistan Hydrogen Peroxide AD Definitive 2011-Jul-15 Belgium 93 Pakistan Phthalic Anhydride AD Provisional 2013-Feb-07 Italy 94 Pakistan Tinplate (secondary quality) AD Definitive 2009-Nov-16 Belgium, Germany, France, Netherlands 95 Philippines Testliner board SG Definitive 2010-Sep-16 Belgium, Germany 96 South Africa Frozen chicken AD Provisional 2014-Jul-04 Germany, Netherlands, United Kingdom 97 South Africa Frozen potato chips SG Definitive 2014-Jul-25 98 South Africa Potato chips AD Provisional 2013-Dec-20 Belgium, Netherlands 99 South Africa Ropes & cables of iron or steel AD Definitive 2002-Aug-28 Germany, United Kingdom 100 South Africa Tall Oil Fatty Acid AD Definitive 2009-Jun-05 Sweden 101 Thailand Cold-rolled flat stainless steel AD Definitive 2003-Mar-13 Belgium, Denmark, Spain, Italy, Finland, Sweden 102 Thailand Glass Block SG Definitive 2011-Aug-18 Czech Republic 103 Thailand Hot rolled steel flat SG Definitive 2013-Sep-15 104 Thailand Non Alloy Hot Rolled Steel Flat Products in (non) coils SG Definitive 2014-Dec-22 105 Turkey Certain electrical appliances SG Definitive 2012-May-19 Belgium, France 106 Turkey Dioctyl ftalat (dioctyl orthophtalats) AD Definitive 2011-Nov-29 107 Turkey Fittings AD Definitive 2006-Sep-07 108 Turkey Float glass colourless AD Definitive 2013-Nov-17 109 Turkey Frames and mountings for spectacles SG Definitive 2008-Mar-05 Italy 110 Turkey Matches SG Definitive 2009-Dec-23 Germany, Poland 111 Turkey Mono-ethylene-glycol AD Definitive 2010-May-02 Bulgaria 112 Turkey Motorcycles SG Definitive 2007-Mar-02 Spain, Italy 113 Turkey Polyethylene terephthalate SG Definitive 2011-Nov-07 Greece, Spain, Italy 114 Turkey Polyvinyl chloride (PVC) AD Definitive 2003-Feb-06 Belgium, Germany, Greece, Italy, Hungary, Netherlands, Finland, Romania 115 Turkey Travel goods, handbags and similar containers SG Definitive 2008-Mar-07 Belgium, Germany, Spain, France, Italy, Netherlands, United Kingdom 116 Turkey Trephtalic Acid SG Definitive 2014-Aug-15 Belgium, Spain, Poland 117 Turkey Water heaters AD Definitive 2013-Sep-19 118 Ukraine Cars SG Definitive 2013-Apr-14 119 Ukraine Float glass with thickness up to 3.5 mm, 3.5 - 4.5 mm, more than 4.5 mm AD Definitive 2012-Apr-28 120 Ukraine Porcelain tableware and kitchenware SG Definitive 2014-May-23 121 Ukraine Steel Seamless Casing and Lifting Pipes SG Definitive 2011-Oct-01 Austria, Poland, Slovakia, Romania 122 United States Brass sheet & strip AD Definitive 1987-Mar-06 Italy 122 United States Brass sheet & strip AD Definitive 1987-Mar-06 Germany 122 United States Brass sheet & strip AD Definitive 1987-Mar-06 France 123 United States Certain Lightweight Thermal Paper AD Definitive 2008-Nov-10 Germany 124 United States Chlorinated isocyanurates AD Definitive 2005-Jun-24 Spain 125 United States Granular polytetrafluoroethylene resin AD Definitive 1988-Aug-30 Italy 126 United States Low enriched uranium AD Definitive 2002-Feb-13 France 127 United States Pasta CVD Definitive 1996-Jul-24 Italy 128 United States Pasta AD Definitive 1996-Jul-24 Italy 129 United States Pressure sensitive plastic tape x673 AD Definitive 1977-Oct-21 Italy 130 United States Purified Carboxymethylcellulose (CMC) AD Definitive 2005-Jul-11 Finland 130 United States Purified Carboxymethylcellulose (CMC) AD Definitive 2005-Jul-11 Netherlands 131 United States Seamless pipe AD Definitive 1997-Mar-04 132 United States Seamless pipe small diameter AD Definitive 2011-Oct-11 133 United States Sodium Nitrite AD Definitive 2008-Aug-27 Germany 134 United States Stainless steel bar x709 AD Definitive 1995-Mar-02 Spain 135 United States Stainless steel butt-weld pipe fittings AD Definitive 2001-Feb-23 Italy 136 United States Stainless steel plates in coils AD Definitive 1999-May-21 Belgium 137 United States Stainless steel wire rod x743 AD Definitive 1998-Sep-15 Spain 137 United States Stainless steel wire rod x745 AD Definitive 1998-Sep-15 Italy 138 United States Steel concrete reinforcing bars AD Definitive 2001-Sep-07 Latvia 138 United States Steel concrete reinforcing bars x752 AD Definitive 2001-Sep-07 Poland 139 United States NOES AD Definitive 2014-Oct-18 Germany 140 Viet Nam Vegetable oils SG Definitive 2013-Sep-06