UNITED STATES – CONTINUED DUMPING AND SUBSIDY OFFSET ACT OF 2000 COMMUNICATION FROM THE EUROPEAN UNION
Document: COMMUNICATION FROM
Date: 27 May 2013
Document codes: WT/DS217/63
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 22 May 2013, from the delegation of the
European Union to the Chairperson of the Dispute Settlement Body, is circulated at the request of
that delegation.

 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 and Trade 1994 ("GATT 1994") in accordance with the decision of the Arbitrator in
United States - Continued Dumping and Subsidies Offset Act of 2000 . The authorization was made
pursuant to the European Union request () made under Article 22.7 of the
Understanding on Rules and Procedures Governing the Settlement of Disputes ("DSU"). In that
request, the European Union 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 Stat es of America (). The list of products
subject to this suspension of concessions wa s 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 () and on 1 May 2012 ().
The relevant European Commission Implementing Regulation (EU) No 349/2013 of 17 April 2013
(attached with Corrigendum of 26 April 2013) modifies the list of products subject to retaliation.
Additionally, the rate of additional duty to whic h those products are subjected increases to 26% in
order to adjust to the level of retaliation.
The updated list is attached. The suspension, which applies as from 1 May 2012, covers,
over one year, a total value of trade that does not exceed USD 60 774 402.

USD 60 774 402 is the European Union's current level of authorization established through
arbitration under Article 22.6 of the DSU. It re presents 72 per cent of 84 408 891 USD collected
from the European Union' exports and disbursed to US companies in the distribution under the
Continued Dumping and Subsidy Offset Act of 2000 for the most recent year for which data are
available. The amount of relevant disbursements was identified using the CDSOA Annual Report

for Fiscal Year 2012, published by US Customs and Border Protection 1, as well as updates of such
reports for previous years2.

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

1
http://www.cbp.gov/linkhandler/cgov/trade/priority_trade/add_cvd/cont_dump/cdsoa_fy12/fy12_annua
l_reports/section1.ctt/section1.pdf
2 Updated FY 2006 Annual Disbursement Report as of June 2012
(http://www.cbp.gov/linkhandler/cgov/trade/priority_trade/add_cvd/cont_dump/cdsoa_06/fy_06_report/ann_
disbursement_report.ctt/ann_disbursement_report.pdf ) ;
Updated FY 2007 Annual Disbursement Report as of June 2012
(http://www.cbp.gov/linkhandler/cgov/trade/priority_trade/add_cvd/cont_dump/cdsoa_07/fy2007_annual_rpt/
2007_updated_disb.ctt/2007_updated_disb.pdf );
Updated FY 2008 Annual Disbursement Report as of June 2012
(http://www.cbp.gov/linkhandler/cgov/trade/priority_trade/add_cvd/cont_dump/cdsoa_08/fy08_annual_rep/2
008_updated_disb.ctt/2008_updated_disb.pdf );
Updated FY 2009 Annual Disbursement Report as of June 2012
(http://www.cbp.gov/linkhandler/cgov/trade/priority_trade/add_cvd/cont_dump/cdsoa_09/report/fy09_adr_j1
2.ctt/fy09_adr_j12.pdf );
Updated FY 2010 Annual Disbursement Report as of June 2012
(http://www.cbp.gov/linkhandler/cgov/trade/priority_trade/add_cvd/cont_dump/cdsoa_10/annual_report/201
0_updated_disb.ctt/2010_updated_disb.pdf);

Products that would be subject to a 26% additional import duty
as from 1 May 2013
The products on which the 26% additional import duty would apply are those classified
under the listed eight-digit CN codes, as provided in annex I to Council Regulation (EEC) No.
2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff as replaced
by Commission Regulation (EC) No 1810/2004 (OJ L 327, 30.10.2004, p. 1) as amended by
Commission Regulation (EC) No 493/2005 (OJ L 82, 31.3.2005, p. 1). The product descriptions
hereunder are given for information purpose only.

Subject to the
26% additional
import duty since
1 May 2013

CN codes

Description of products

0710 40 00

Sweet corn, uncooked or cooked by steaming or by boiling in water,
frozen
9003 19 30 Frames and mountings for spectacles, goggles or the like, of base
metal
8705 10 00 Crane lorries (excl. breakdown lorries)
6204 62 31 Women or girls’ cotton denim trousers and breeches