EUROPEAN COMMUNITIES – ANTI-DUMPING DUTIES ON CERTAIN FLAT ROLLED IRON OR NON-ALLOY STEEL PRODUCTS FROM INDIA
Document: Notification of Mutually Agreed Solution
Date: 27 October 2004
Document codes: WT/DS313/2; WT/DS313/1; G/L/701; G/ADP/D55/2
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

Notification of Mutually Agreed Solution

 The following communication, dated 22 Octobe r 2004, from the delegation of India and the
delegation of the European Communities to the Ch airperson of the Dispute Settlement Body, is
circulated pursuant to Article 3.6 of the DSU.

 India and the European Communities wish to notify the Dispute Settlement Body that they
have reached a mutually satisfactory solution to th e matter raised by India in document
dated 8 July 2004. The measure which was addressed in the document referred to above has in the
meantime been terminated by Council Regulation (EC) N° 1615/2004 of 13 September 2004 (O.J.
L 294, 17.09.2004 p. 1) of which a copy is attached.

(signed) (signed)
Rajiva Misra C. Trojan
Chargé d'Affaires Ambassador, Permanent Representative
For India For the European Communities

COUNCIL REGULATION (EC) No 1615/2004

of 13 September 2004

terminating the anti-dumping proceedings concerning imports of certain flat-rolled products of
iron or non-alloy steel, of a width of 600mm or more, not clad, plated or coated, in coils, not
further worked than hot-rolled, originating in India, Taiwan and Serbia and Montenegro

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 384/96 of 22December 1995 on protection against
dumped imports from countries not members of the European Community
1 (hereinafter referred to as
the Basic Regulation), and in particular Article 9(5) thereof,

Having regard to Council Regulation (EC) No 963/2002 of3 June 2002 la ying down transitional
provisions concerning anti-dumping and anti-subs idy measures adopted pursuant to Commission
Decision No 2277/96/ECSC and No 1889/98/ECSC as well as pending anti-dumping and anti subsidy
investigations, complaints and applications pursuant to those Decisions
2 ,

Having regard to the proposal submitted by the Commission after consulting the Advisory
Committee,

Whereas:

1. LEGAL BASIS

(1) The Treaty establishing the European Coal and Steel Community (ECSC Treaty) expired on
23 July 2002.Products, which were previously covered by the ECSC Treaty, are subject to the
Treaty establishing the European Community since 24 July 2002. Further to Regulation (EC)
No 963/2002, all anti-dumping investigations pending at that date are therefore now governed
by the Basic Regulation.

2. MEASURES IN FORCE

(2) In February 2000, by Commission Decision No 283/2000/ECSC
3, the Commission imposed
definitive anti dumping duties on imports of certa in flat-rolled products of iron or non-alloy
steel, of a width of600mm or more, not clad, pl ated or coated, in coils, not further worked
than hot-rolled (hereinafter referred to as hot-r olled coils), originating in Bulgaria, India,
Taiwan, South Africa, and Serbia and Montenegro.

1 OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation (EC) N° 461/2004 (OJ L 77,
13.3.2004, p. 12).
2 OJ L 149, 7.6.2002, p. 3, Regulation as amended by Regulation (EC) N° 1310/2002 (OJ L 192,
20.7.2002, p. 9).
3 OJ L 31, 5.2.2000, p. 15. Decision as last amended by Council Regulation (EC) N° 778/2003 (OJ
L 114, 8.5.2003, p. 1).

3. TERMINATION OF THE PROCEEDINGS

(3) Pursuant to Article 5 of Decision No 2277/96/ECSC
4 (the ECSC Decision), the Commission
on 20 December 2001 announced by a notice published in the Official Journal of the
European Communities5 the initiation of an anti-dumping pr oceeding with regard to imports
into the Community of hot-rolled coils origina ting in Egypt, Hungary, Iran, Libya, Slovakia
and Turkey.

(4) Pursuant to Article 11(3) of the ECSC Decision, the Commission on 20 December 2001
announced by a notice published in the Official Journal of the European Communities 6 , the
initiation of a review of the definitive anti-dumping duties and undertakings imposed by
Commission Decision No 283/2000/ECSC as amended by Commission Decision No
1043/2002/ECSC
7 on imports of hot-rolled coils originating in Bulgaria and South Africa.

 (5) The Commission, after investigation, pr oposed that the Council impose definitive anti-
dumping measures on imports of hot-rolled coils or iginating in Egypt, Slovakia and Turkey.
However, the Council did not adopt the proposal w ithin the time limits laid down in the Basic
Regulation. As a result, definitive measur es were not imposed on imports from Egypt,
Slovakia and Turkey.

(6) It is a general, fundamental principle of Co mmunity law to treat sim ilar situations in a non
discriminatory way. This principle is reflected by Article 9(5) of the Basic Regulation, which
provides that anti-dumping duties are to be imposed on a non-discriminatory basis on imports
of a product from all sources found to be dumped and causing injury.

(7) Therefore, it was concluded that, in the absence of measures on the imports originating in
Egypt, Slovakia and Turkey, the imposition of any measures on imports originating in
Bulgaria and South Africa as a result of the revi ew mentioned in recital 4 would have been
discriminatory towards these two countries.

(8) By Council Regulation (EC) No 1616/2004
8, the Council therefore terminated the review
mentioned under recital 4 wit hout imposing any measures on imports of hot-rolled coils
originating in Bulgaria and South Africa.

(9) Decision 283/2000/ECSC imposed definitive an tidumping duties also on imports of hot-rolled
coils originating in India, Taiwan and Serbia and Montenegro.

(10) In order to ensure a coherent approach and to respect the abovementioned principle of non-
discrimination as reflected by Article 9(5) of th e Basic Regulation, it is therefore necessary to
terminate the existing antidumping proceedi ngs concerning imports of hot-rolled coils
originating in Taiwan, India and Serbia and Montenegro.

(11) The investigation concerning, inter alia, Egypt, Slovakia and Turkey had to be concluded on
20 March 2003, either by the imposition of measur es or the termination of the proceedings.
Given that the same treatment should be applied to the imports originating in Taiwan, Serbia

4 OJ L 308, 29.11.1996, p. 11. Decision as la st amended by Commission Decision N° 435/2001/ECSC
(OJ L 63, 3.3.2001, p. 14).
5 OJ C 364, 20.12.2001, p. 5.
6 OJ C 364, 20.12.2001, p. 8.
7 OJ L 157, 15.6.2002, p. 45.
8 See page 3 of this Official Journal.

and Montenegro, and India, the anti-dumping proceedings concerning imports of hot-rolled
coils originating in these three countries should be terminated with retroactive effect as from
20 March 2003,

HAS ADOPTED THIS REGULATION:

Article 1

The anti-dumping proceedings concerning imports of cer tain flat-rolled products of iron or non-alloy
steel, of a width of600mm or more, not clad, plated or coated, in coils, not further worked than hot-
rolled originating in Taiwan, Serbia and Montenegro, and India are hereby terminated.

Article 2

This Regulation shall enter into force on the day following that of its publication in the Official
Journal of the European Union.

It shall apply from 20 March 2003.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 13 September 2004.

 For the Council
 The President
 B. R. BOT