UNITED STATES – CONTINUED DUMPING AND SUBSIDY OFFSET ACT OF 2000 COMMUNICATION FROM THE EUROPEAN UNION
Document: COMMUNICATION FROM
Date: 22 June 2022
Document codes: WT/DS217/80
Complainant: Australia, Brazil, Chile, EU, India, Indonesia, Japan, South Korea, Thailand
Respondent: U.S.
Third parties: Argentina, Canada, Costa Rica, Hong Kong, Israel, Mexico, Norway
Dispute stage: Implementation & Compliance
Agreements cited: Art. X:3  GATT 1994Art. 18.4  Anti-dumpingArt. 32.5  Subsidies and Countervailing Measures (SCM)Art. VI:3  GATT 1994Art. XVI:4  Agreement Establishing the World Trade OrganizationArt. 1, 5.4  Anti-dumpingArt. 4.10, 7.9, 10, 11.4, 18, 32.1  Subsidies and Countervailing Measures (SCM)Art. 8  Anti-dumpingArt. VI:2  GATT 1994Art. 18.1  Anti-dumping

UNITED STATES – CONTINUED DUMPING AND
SUBSIDY OFFSET ACT OF 2000
COMMUNICATION FROM THE EUROPEAN UNION
The following communication, dated 20 June 2022 , was received from the delegation of the
European Union with the request that it be circulated to the Dispute Settlement Body (DSB).

On 26 November 2004, the Dispute Settlement Body ("DSB") granted authorization to the
European Union to suspend concessions and related obligations under the General Agreement on
Tariff an d Trade 1994 ("GATT 1994") in accordance with the decision of the Arbitrator in
United States – Continued Dumping and Subsidies Offset Act of 2000. The authorization was made
pursuant to the European Union request () made under Article 22.7 of t he
Understanding on Rules and Procedures Governing the Settlement of Disputes ("DSU"). In that
request, the European Communities undertook to notify the DSB every year the list of products on
which the additional import duty would apply, prior to the entry into force of a level of suspension
of concessions.

On 29 April 2005, the European Union notified the DSB that it was suspending, as of 1 May 2005,
the application of concessions and related obligations under GATT 1994 on imports of certain
products originating in the United States of America (). The list of products subject to
this suspension of concessions was modified on 1 May 2006 (), on 1 May 2007
(), on 1 May 2008 (), on 1 May 2009 (), on 1 May 2010
(WT/DS 217/57), on 1 May 2011 (), on 1 May 2012 (), on 1 May 2013
(), on 1 May 2014 (), on 1 May 2015 (), on 1 May 2016
(), on 1 May 2017 (), on 1 May 2018 (), on 1 May 2019
() and on 1 May 2020 ().

The Commission Delegated Regulation (EU) 2021/704 of 26 February 2021 (OJ L 146, 29 April 2021)
maintains unchanged the list of products subject to retaliation. The rate of additional duty to whic h
those products are subjected increases to 0,1% in order to adjust to the level of retaliation.

The updated list is attached. The suspension, which applies as from 1 May 2021, covers, over one
year, a total value of trade that does not exceed USD 236 314,72.

The amount of USD 236 314,72 is the European Union's current level of authorization established
through arbitration under Article 22.6 of the DSU. It represents 72 percent of USD 328 214,89
collected from the European Union's exports and disbursed to U.S. companies in the distribution
under the Continued Dumping and Subsidy Offset Act of 2000 for the most recent year for which
data are available. The amount of relevant disbursements was identified based on the CDSOA Annual
Report for Fiscal Year 2020, published by U.S. Customs and Border Protection on 3 December 2020.

The European Union kindly asks the Secretariat to circulate this notification to the Members of the
DSB.

Products subject to a 0,1% additional import duty
as from 1 May 2021

The products on which the 0,1% additional import duty would apply are those that are classified
under the eight-digit CN codes and match the given descriptions.

CN codes Description of products
0710 40 00 Sweet corn, uncooked or cooked by steaming or by boiling in water, frozen
6204 62 31 Women or girls’ cotton denim trousers and breeches, other than industrial
and occupational, of denim cotton
8705 10 00 Crane lorries (excl. breakdown lorries)
ex 9003 19 00 Frames and mountings for spectacles, goggles or the like, of base metal