UNITED STATES – CONTINUED DUMPING AND SUBSIDY OFFSET ACT OF 2000
Document: Communication from the European Communities
Date: 28 April 2009
Document codes: WT/DS217/55
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 Communities

 The following communication, dated 23 April 2009, from the delegation of the European
Communities to the Chairman of the Dispute Settlemen t 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 States 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 (WT/DS 217/53) and will be modified again on
1 May 2009. The relevant Commission Regulation No 317/2009
1 will remove products classified
under 14 codes of the EC's tariff and statistical nome nclature 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 2009, covers, over one year, a total
value of trade that does not exceed US$16,31 million.

 US$16,31 million is the European Communities' current level of authorization established
through arbitration under Article 22. 6 of the DSU. It represents 72 percent of US$ 22,653 million
collected from the European Communities' exports a nd 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 disburse ments was identified using the CDSOA Annual Report
for Fiscal Year 2008, published by US Customs and Border Protection on 15 January 2009.

 The European Communities kindly requests the Secr etariat to circulate this notification to the
Members of the DSB.

1 Official Journal of the European Union L 100 of 18 April 2009 at http://eur-
lex.europa.eu/JOHtml.do?uri=OJ:L:2009:100:SOM:EN:HTML

Products that will be subject to a 15% additional import duty
as from 1 May 2009

 The products on which the 15% additional im port duty will 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.

4820 10 50 Diaries with calendars , of paper or paperboard
6204 63 11 Women's or girls' trousers and br eeches, 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 fibres (excl. knitted or crocheted, panties
and swimwear)
6104 63 00 Women's or girls' trousers, bib a nd 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 overalls, 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 synthetic 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 synthe tic 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 spectacles, goggles or the like, of base metal
Subject to the 15% additional import duty since 1 May 2005
8705 10 00 Crane lorries (excl. breakdown lorries)