UNITED STATES – CONTINUED DUMPING AND SUBSIDY OFFSET ACT OF 2000
Document: Communication from the European Union
Date: 12 April 2011
Document codes: WT/DS217/59
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 8 April 2011, 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 Communities 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 Communities' request (WT/DS217/ 39) 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 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 (), on
1 May 2010 (WT/DS 217/57) and will be modified again on 1 May 2011. The relevant Commission
Regulation (EU) No 311/2011 of 31 March 2011
1 will remove thirty products classified under 30
codes of the European Union's tariff and statistic al nomenclature from the list of products subject to
an ad valorem additional duty of 15 % when originating in the United States of America. The updated
list is attached. The suspension, which will appl y as from 1 May 2011, covers, over one year, a total
value of trade that does not exceed USD 9,96 million.

 USD 9,96 million is the European Union's current level of authorization established through
arbitration under Article 22.6 of the DSU. It represents 72 per cent of USD 13,835,324 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 identifie d using the CDSOA Annual Report for Fiscal Year
2010, published by US Customs and Border Protection on 6 December 2010.2

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

1 Official Journal of the European Union L 86 of 1 April 2011, p.51
2 http://www.cbp.gov/xp/cgov/trade/priority_trade/add_cvd/cont_dump/cdsoa_10/annual_report/

Products that would be subject to a 15% additional import duty
as from 1 May 2011

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.

Subject to the
15% additional
import duty
since 1 May
2005
CN codes Description of products
0710 40 00 Sweet corn, uncooked or c ooked 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)