EUROPEAN COMMUNITIES – DEFINITIVE ANTI-DUMPING MEASURES ON CERTAIN IRON OR STEEL FASTENERS FROM CHINA
Document: Status Report by the European Union Addendum
Date: 21 August 2012
Document codes: WT/DS397/15/Add.1
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 20 August 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 - Definitive 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"), on 7 February 2012, the European Commission submitted to the European
Parliament and to the Council of the European Un ion a proposal for the amendment of this provision
necessary to implement those recommendations and rulings. The amendment was adopted by both the
European Parliament and the Council of the European Union. The legislative procedure is expected to
be concluded with the publication of the amendmen t in the Official Journal of the EU in early
September 2012. The amendment will enter 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 definitive 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 par ties 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: appli cation of Article 9(5) of the basic AD Regulation
in the original investigation, certain aspects of th e dumping determination, the definition of the Union
industry, the consideration of the volume of dumpe d imports, the causation analysis, the treatment of
certain confidential information, 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.