UNITED STATES – CONTINUED DUMPING AND SUBSIDY OFFSET ACT OF 2000 COMMUNICATION FROM THE EUROPEAN UNION
Document: COMMUNICATION FROM
Date: 13 May 2019
Document codes: WT/DS217/75
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, received on 10 May 2019, 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 Unio n 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 ad ditional
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 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 (W T/DS217/53), 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 (), on 1 May 2016
(), on 1 May 2017 () and on 1 May 2018 (). The relevant
Commission Delegated Regulation (EU) 2019/673 of 27 February 2019 (OJ L 114, 30 April 2019)
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 0,001% in order to adjust to the
level of retaliation.
The updated list is attached. The suspension, which applies as from 1 May 2019, covers, over one
year, a total value of trade that does not exceed USD 3.355,82.
The amount of USD 3.355,82 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 4.660,86 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 2018, published by U.S. Customs and Border Protection on 13 December 2018 and
additionally on the basis of updated annual disbursement reports for 2015, 2016 and 2017, published
by U.S. Customs and Border Protection on 16 March 2018.
The European Union kindly asks the Secretariat to circulate this notification to the Members of the
DSB.

Products subject to a 0,001% additional import duty
as from 1 May 2019

The products on which the 0,001% additional import duty would apply are those are classified under
the eight-digit CN codes and match the given descriptions.

Subject to the
0,001% additional
import duty as from
1 May 2019

CN codes

Description of products

0710 40 00

Sweet corn, uncooked or cooked by steaming or by boiling in water,
frozen
6204 62 31 Women or girls’ cotton denim trousers and breeches, other than
industrial and occupational, of denim cotton
8705 10 00 Crane lorries (excl. breakdown lorries)
ex 9003 19 00 Frames and mountings for spectacles, goggles or the like, of base
metal