EUROPEAN COMMUNITIES – ANTI-DUMPING DUTIES ON CERTAIN FLAT ROLLED IRON OR NON-ALLOY STEEL PRODUCTS FROM INDIA
Document: Request for Consultations by India
Date: 8 July 2004
Document codes: WT/DS313/1; G/L/682; G/ADP/D55/1
Complainant: India
Respondent: EU
Dispute stage: Consultation
Agreements cited: Art. 3.4, 3.5, 4.1, 9.2  Anti-dumping

EUROPEAN COMMUNITIES – ANTI-DUMPING DUTIES ON
CERTAIN FLAT ROLLED IRON OR NON-ALLOY STEEL PRODUCTS
FROM INDIA

Request for Consultations by India

 The following communication, dated 5 July 2004, from the delegation of India to the
delegation of the European Communities and to the Chairperson of the Dispute Settlement Body, is
circulated in accordance with Article 4.4 of the DSU.

 My authorities have instructed me to request consultations with the European Communities
(EC) pursuant to Article 4 of the Understanding on Rules and Procedures Governing the Settlement of
Disputes, Article XXIII of the General Agreem ent on Tariffs and Trade 1994 (GATT 1994) and
Article 17 of the Agreement on Implementation of Article VI of GATT 1994 ("Anti-Dumping
Agreement" or "ADA") regarding the European Commission Decision No. 283/2000/ECSC of
4 February 2000 imposing definitive anti-dumping measu res on imports of certain flat rolled products
of iron or non-alloy steel, of a width of 600 mm or more, not clad, plated or coated, in coils, not
further worked than hot-rolled ("HR Coils") from India.

2. The EC initiated anti-dumping proceedings against the imports of HR Coils from India by
publishing a notice of initiation in January 1999. Definitive anti-dumping duties were imposed by EC
vide Commission Decision No. 283/2000/ECSC of 4
th February 2000.

3. The Government of India considers that th e ongoing measures being maintained against HR
Coils from India are in violation of the EC's obligations under GATT 1994 and Article 9.2 of the
Anti-Dumping Agreement. The undisputed facts are as follows:

• On 4 February 2000 and by Decision No. 283/2000/ECSC the Commission imposed
definitive anti-dumping duties on imports into the Community of HR Coils
originating in India, Bulgaria, South Africa, Taiwan and Yugoslavia.
• On 20 December 2001 the Commission initiated a new anti-dumping proceeding in
respect of HR Coils originating in Iran, Libya, Hungary, Egypt, Slovakia and Turkey.
• On 21 February 2003 the Commission issued a proposal for a Council Regulation
(COM 2003 84 final) imposing definitive anti-dumping duties on imports of HR
Coils originating in Egypt, Slovakia and Turkey.
• On 20 March 2003, the original anti-dump ing investigation initiated on 20 December
2001 in respect of HR Coils originating in Egypt, Slovakia, Turkey, Libya, Iran and

Hungary, lapsed without imposition of meas ures due to a failure by the Council to
adopt the Commission's proposal within the necessary time limits.
4. The resulting situation is that anti-dumping me asures are in force against imports into the
Community of HR Coils from India, yet no measures are in force against imports of HR Coils (the
same product concerned) from Egypt, Slovakia and Turkey, notwithstanding that the products
imported from the latter three countries were f ound by the Commission to be dumped and causing
injury to the Community industry and that the Commi ssion also considered it to be in the Community
interest to impose measures against them.

5. This causes discrimination contrary to Article 9.2 of the ADA which requires that an anti-
dumping duty shall be collected on a non-discriminatory basis on imports of the product from all
sources found to be dumped and causing injury.

6. The Government of India considers that anti-dumping measures on imports of HR Coils from
India also violate certain other provisions of the ADA, including, but not limited to, the following:

 (a) Article 3, especially Articles 3.4 and 3.5;
 (b) Article 4.1

7. The Government of India reserves its right to raise further factual claims and legal issues
during the course of the consultations.

8. We look forward to receiving your reply to the present request and to fixing a mutually
convenient date for consultations.