UNITED STATES – CONTINUED DUMPING AND SUBSIDY OFFSET ACT OF 2000 COMMUNICATION FROM THE EUROPEAN UNION
Document: COMMUNICATION FROM
Date: 17 May 2017
Document codes: WT/DS217/71
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 1 1 May 2017, from the del egation 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 199 4 ("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 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 t he 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 () and on
1 May 2016 (). The relevant Commission Delegated Regulation (EU) 2017/570 of
24 February 2017 (OJ L113/12, 29 April 2017) maintains unchanged the list of products subject to
retaliation. On the other hand, the rate of additional duty to which those products are subjected
increases to 4,3% in order to adjust to the level of retaliation.
The updated list is attached. The suspension, which applies as from 1 May 2017, covers, over one
year, a total value of trade that does not exceed USD 8 165 179.
The amount of USD USD 8 165 179 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 11 340 526 collected from the European Union' 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 2016, published by U.S. Customs and Border Protection
on 12 November 2015, and additionally on the basis of updated annual disbursement reports for
2011, 2012, 2013, 2014 and 2015, published by U.S. Customs and Border Protection on
24 June 2016.
The European Union kindly asks the Secretariat to circulate this notification to the Members of the
DSB.

Products subject to a 4,3% additional import duty
as from 1 May 2017
The products on which the 4,3% 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 t he
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). The product descriptions hereunder
are given for information purpose only.

Subject to the
4,3% additional
import duty as
from 1 May 2017

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