UNITED STATES – CONTINUED DUMPING AND SUBSIDY OFFSET ACT OF 2000 COMMUNICATION FROM THE EUROPEAN UNION
Document: COMMUNICATION FROM
Date: 20 May 2016
Document codes: WT/DS217/69
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 13 May 2016, 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 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 the United States of Am erica (). The list of products subject
to this suspension of concessions was modi fied on 1 May 2006 (), on 1 May 2007
(), on 1 May 2008 (W T/DS217/53), on 1 May 2009 (W T/DS217/55), on 1 May 2010
(WT/DS 217/57), on 1 May 2011 (), on 1 May 2012 (), on 1 May 2013
(), on 1 May 2014 () and on 1 May 2015 (). The
relevant Commission Delegated Regulation (EU) 2016/654 of 28 February 2016 maintains
unchanged the list of products subject to retaliation. On the other hand, the rate of additional duty
to which those products are subjected decreases to 0,45% in order to adjust to the level of
retaliation.
The updated list is attached. The suspension, which applies as from 1 May 2016, covers, over one
year, a total value of trade that does not exceed USD 887 696.
The amount of USD 887 696 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 1 232 911
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 2015, published by U.S. Customs and Border Protection on
12 November 2015, and additionally on the basis of updated annual disbursement reports for 2011
and 2014 published by U.S. Customs and Border Protection on 12 April 2015.

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

Products subject to a 0,45% additional import duty
as from 1 May 2016
The products on which the 0,45% additional import duty would apply are those classified under the
listed eight-digit CN codes, as provided in a nnex 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). The product descriptions hereunder
are given for information purpose only.

Subject to the
0,45% additional
import duty as
from 1 May 2016

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