UNITED STATES – CONTINUED DUMPING AND SUBSIDY OFFSET ACT OF 2000
Document: Communication from the European Union
Date: 10 May 2012
Document codes: WT/DS217/61
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, dated 7 May 2012, 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 Communities to suspend concessions and related obligations under the General Agreement
on Tariff and Trade 1994 ("GATT 1994") in accordan ce 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 Communities request () made under Article 22.7 of the
Understanding on Rules and Proce dures 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 additional import duty would apply, prior to the entry into force of a level of suspension of
concessions.

On 29 April 2005, the European Communities notif ied 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 Stat es of America (). The list of products
subject to this suspension of concessions w as modified on 1 May 2006 (), on
1 May 2007 (), on 1 May 2008 (), on 1 May 2009 (), on
1 May 2010 (WT/DS 217/57) on 1 May 2011 (). The relevant Commission
Implementing Regulation (EU) No 308/2012 of 11 April 2012 (attached) 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 from 15% to 6% in order to adjust to the level of retaliation.
The updated list is attached. The suspension, which applies as from 1 May 2012, covers, over
one year, a total value of trade that does not exceed USD 3 241 000.

 USD 3 241 000 is the European Union's current level of authorization established
through arbitration under Article 22.6 of the DSU. It represents 72 per cent of 4 502 561 USD
collected from the European Union' exports and dis bursed to US 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 disbursement s was identified using the CDSOA Annual Report for
Fiscal Year 2011, published by US Customs and Border Protection on 02/1/2012.1

The European Union kindly requ ests that the Secretariat circulate this notification to the
Members of the DSB.

1"http://www.cbp.gov/linkhandler/cgov/trade/priority_trade/add_cvd/cont_dump/cdsoa_11/2011_annua
l_report/2011_disbursement.ctt/2011_disbursement.pdf"

Products that would be subject to a 6% additional import duty
as from 1 May 2012
The products on which the 15% add itional import duty would apply are those classified under the
listed eight-digit CN codes, as provided in annex I to Council Regulation (EEC) No. 2658/87 on the
tariff and statistical nomenclature and on the Common Customs Tariff as amended by Commission
Regulation (EC) No 493/2005 (OJ L 82, 31.3.2005, p. 1). The product descriptions hereunder are
given for information purpose only.

Subject to the
6% additional
import duty
since 1 May 2005

CN codes

Description of products
 0710 40 00 Sweet corn, uncooked or c ooked by steaming or by boiling in
water, frozen
9003 19 30 Frames and mountings for spectacles, goggles or the like, of
base metal
8705 10 00 Crane lorries (excl. breakdown lorries)