EUROPEAN COMMUNITIES – DEFINITIVE ANTI-DUMPING MEASURES ON CERTAIN IRON OR STEEL FASTENERS FROM CHINA
Document: Status Report by the European Union Addendum
Date: 18 September 2012
Document codes: WT/DS397/15/Add.2
Complainant: China
Respondent: EU
Third parties: Brazil, Canada, Chile, Colombia, India, Japan, Norway, Taiwan, Thailand, Turkey, U.S.
Dispute stage: Implementation & Compliance
Agreements cited: Art. 6, 9, 5, 2, 3, 4  Anti-dumpingArt. I, X:3(a), VI:1  GATT 1994Art. XVI:4  Agreement Establishing the World Trade Organization

EUROPEAN COMMUNITIES – DEFINITIVE ANTI-DUMPING MEASURES
ON CERTAIN IRON OR STEEL FASTENERS FROM CHINA

Status Report by the European Union

Addendum

 The following communication, dated 17 Sept ember 2012, from the delegation of the
European Union to the Chairperson of the Dis pute Settlement Body, is circulated pursuant to
Article 21.6 of the DSU.

Status Report Regarding Implementation of the
DSB Recommendations and Rulings in the Dispute

(WT/DS397)

The European Union submits this report in accordance with Article 21.6 of the Understanding
on Rules and Procedures Governing the Settlement of Disputes ("DSU").

On 28 July 2011, the Dispute Settlement Bo dy ("DSB") adopted its recommendations and
rulings in the dispute European Communities - De finitive Anti-Dumping Measures on Certain Iron or
Steel Fasteners from China (WT/DS397). In its communication of 18 August 2011, the European
Union notified the DSB that it intends to implement the recommendations and rulings of the DSB in
this dispute in a manner that respects its WT O obligations. On 19 January 2012 China and the
European Union agreed that the reasonable period of time for the European Union to implement the
recommendations and rulings of the DSB would expire on 12 October 2012.

Regarding the recommendations and rulings of th e DSB relating to Article 9(5) "as such" of
the Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped
imports from countries not members of the European Community (OJ L 343, 22.12.2009, p. 51, the
"Basic AD Regulation"), the amendment of th is provision necessary to implement those
recommendations and rulings was published in the Official Journal of the EU on 3 September 2012
(Regulation (EU) No 765/2012, L 237, 3.9.2012, p.1). The amendment entered into force 3 days after
publication.

Regarding the recommendations and rulings of the DSB relating to Council Regulation
(EC) No 91/2009 of 26 January 2009 imposing a defi nitive anti-dumping duty on imports of certain
iron or steel fasteners originating in the People's Republic of China (OJ L 29, 31.1.2009, p.1), a
review was initiated by the publication of a Notice in the Official Journal of the European Union on

6 March 2012 (the "Notice") (OJ C 66, 6.3.2012, p.29). The parties were informed of the steps
envisaged by the European Commission in order to implement those recommendations and rulings
with regard to the following aspects of the original investigation: application of Article 9(5) of the
basic AD Regulation in the original investigation, certain aspects of the dumping determination, the
definition of the Union industry, the considera tion of the volume of dumped imports, the causation
analysis, the treatment of certain confidential in formation, as well as any other recommendations and
rulings.

The relevant procedures on the basis of the Notice are on-going and are expected to be
finalized in the near future.