UNITED STATES – CONTINUED DUMPING AND SUBSIDY OFFSET ACT OF 2000
Document: Communication from the European Union
Date: 27 April 2010
Document codes: WT/DS217/57
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 April 2010, from the delegation of the
European Union to the Chairman of the Dispute Settle ment Body, is circulated at the request of that
delegation.

 On 26 November 2004, the Dispute Settlement Body ("DSB") granted authorization to the
European Communities to suspend concessions and related obligations under the General Agreement
on Tariff and Trade 1994 ("GATT 1994") in accordan ce 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 Communities' request () made under Article 22.7 of the
Understanding on Rules and Proce dures 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 Communities no tified the DSB that it was suspending, as of
1 May 2005, the application of concessions and re lated obligations under GA TT 1994 on imports of
certain products originating in the United Stat es of America (). The list of products
subject to this suspension of concessions w as modified on 1 May 2006 (), on
1 May 2007 (), on 1 May 2008 (), on 1 May 2009 () and
will be modified again on 1 May 2010. The relevant Commission Regulation (EU) No 305/2010 of

1 will add 19 products classified under 19 codes of the European Union's tariff and
statistical nomenclature to the list of products subject to an ad valorem additional duty of 15% when
originating in the United States of America. The upda ted list is attached. The suspension, which will
apply as from 1 May 2010, covers , over one year, a total value of trade that does not exceed
USD 95.83 million.

 USD 95.83 million is the European Union's curre nt level of authorization established through
arbitration under Article 22.6 of the DSU. It represents 72 per cent of USD 133,095,793 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 disbursement s was identified using the CDSOA Annual Report for
Fiscal Year 2009, published by US Customs and Border Protection on12 October 20092.

1 Official Journal of the European Union L 94 of 15 April 2010, p.15
2 http://www.cbp.gov/xp/cgov/trade/priority_trade/add_cvd/cont_dump/cdsoa_09/report/fy09_annual_report.xml

 The European Union kindly re quests that the Secretariat circ ulate this notification to the
Members of the DSB.

Products that would be subject to a 15% additional import duty
as from 1 May 2010

The products on which the 15% add itional 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 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.

CN codes Description of products
4820 10 50 Diaries with calendars, of paper or paperboard
6204 63 11 Women's or girls' trousers and breeches, of synthetic fibres, industrial and
occupational (excl. knitted or crocheted and bib and brace overalls)
6204 69 18
Women's or girls' trousers and breeches, of artificial fibres (not of cut corduroy, of
denim or knitted or crocheted and excl. industrial and occupational clothing, bib and
brace overalls, briefs and track suit bottoms)
6204 63 90 Women's or girls' shorts of synthetic fibr es (excl. knitted or crocheted, panties and
swimwear)
6104 63 00 Women's or girls' trousers, bib and brace overalls, breeches and shorts (other than
swimwear), knitted or crocheted, of synthetic fibres
6203 43 11 Men's or boys' trousers and breeches of synthetic fibres, industrial and occupational
(excl. knitted or crocheted and bib and brace overalls)
6103 43 00 Men's or boys' trousers, bib and brace ove ralls, breeches and shorts (other than
swimwear), knitted or crocheted, of synthetic fibres
6204 63 18
Women's or girls' trousers and breeches, of synthetic fibres (not of cut corduroy, of
denim or knitted or crocheted and excl. industrial and occupational clothing, bib and
brace overalls, briefs and track suit bottoms)
6203 43 19 Men's or boys' trousers and breeches of synt hetic fibres (excl. knitted or crocheted,
industrial and occupational, bib and brace overalls and underpants)
6204 69 90
Women's or girls' trousers, bib and brace overalls, breeches and shorts of textile
materials (excl. of wool, fine animal hair, cotton or artificial fibres, knitted or
crocheted, panties and swimwear)
6203 43 90 Men's or boys' shorts of synthetic fibres (excl. knitted or crocheted, underpants and
swimwear)
0710 40 00 Sweet corn, uncooked or cooked by steaming or by boiling in water, frozen
9003 19 30 Frames and mountings for spect acles, goggles or the like, of base metal
8705 10 00 Crane lorries (excl. breakdown lorries)
9406 00 38 Buildings, prefabricated, whether or not complete or already assembled, made entirely
or mainly of iron or steel (excl. Mobile homes and greenhouses)
6101 30 10 Men's or boys' overcoats, car-coats, capes , cloaks and similar articles of man-made
fibres, knitted or crocheted
6102 30 10 Women's or girls' overcoats, car-coats, capes, cloaks and similar articles of man-made
fibres, knitted or crocheted
Subject to the 15% additional import duty since 1 May 2005
6201 12 10 Men's or boys' overcoats, raincoats, car-coa ts, capes, cloaks and similar articles, of
cotton, of a weight per garment of <= 1 kg (excl. knitted or crocheted)

CN codes Description of products
6201 13 10 Men's or boys' overcoats, raincoats, car-coa ts, capes, cloaks and similar articles, of
man-made fibres, of a weight per garment of <= 1 kg (excl. knitted or crocheted)
6102 30 90
Women's or girls' anoraks, incl. ski-jacket s, wind-cheaters, wi nd-jackets and similar
articles, of man-made fibres, knitted or cr ocheted (excl. suits, ensembles, jackets,
blazers, dresses, skirts, divided skirts, trousers, bib and brace overalls)
6201 92 00
Men’s or boys’ anoraks, incl. ski-jackets, wind-cheaters, wind-jackets and similar
articles, of cotton (excl. knitted or croche ted, suits, ensembles, jackets, blazers and
trousers)
6101 30 90
Men's or boys' anoraks, incl. ski-jackets, wind-cheaters, wind-jackets and similar
articles of man-made fibres, knitted or croc heted (excl. suits, ensembles, jackets,
blazers, bib and brace overalls and trousers)
6202 93 00
Women’s or girls’ anoraks, incl. ski-jackets, wind-cheaters, wind-jackets and similar
articles, of man-made fibres (excl. knitted or crocheted, suits, ensembles, jackets,
blazers and trousers)
6202 11 00 Women's or girls' overcoats, raincoats, car-coats, capes, cloaks and similar articles, of
wool or fine animal hair (excl. knitted or crocheted)
6201 13 90 Men's or boys' overcoats, raincoats, car-coa ts, capes, cloaks and similar articles, of
man-made fibres, of a weight per garment of > 1 kg (excl. knitted or crocheted)
6201 93 00
Men’s or boys' anoraks, incl. ski-jackets, wind-cheaters, wind -jackets and similar
articles, of man-made fibres (excl. knitted or crocheted, suits, ensembles, jackets,
blazers and trousers)
6201 12 90 Men's or boys' overcoats, raincoats, car-coa ts, capes, cloaks and similar articles, of
cotton, of a weight per garment of > 1 kg (excl. knitted or crocheted)
6204 42 00 Women's or girls' dresses of cotton (excl. knitted or crocheted and petticoats)
6104 43 00 Women's or girls' dresses of synthe tic fibres, knitted or crocheted (excl. petticoats)
6204 49 10 Women's or girls' dresses of silk or wa ste silk (excl. knitted or crocheted and
petticoats)
6204 44 00 Women's or girls' dresses of artificia l fibres (excl. knitted or crocheted and petticoats)
6204 43 00 Women's or girls' dresses of synthetic fibres (excl. knitted or crocheted and petticoats)
Subject to the 15% additional import duty since 1 May 2005
6203 42 31 Men's or boys' trousers and breeches of co tton denim (excl. knitted or crocheted,
industrial and occupational, bib and brace overalls and underpants)