Report from the Commission - Eighteenth annual report from the Commission to the European Parliament on the Community's anti-dumping and anti-subsidy activities - Overview of the monitoring of third country safeguard cases and of the implementation of the trade barriers Regulation (1999)
Date: 2000-07-11
Institutions: European Commission
Subjects: activity report, anti-dumping legislation, anti-subsidy proceeding, dumping, third country

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 11.07.2000
COM(2000) 440 final

REPORT FROM THE COMMISSION

EIGHTEENTH ANNUAL REPORT FROM THE COMMISSION

TO THE

EUROPEAN PARLIAMENT

ON THE COMMUNITY'S ANTI-DUMPING AND ANTI-SUBSIDY ACTIVITIES

______________________

OVERVIEW OF

THE MONITORING OF THIRD COUNTRY SAFEGUARD CASES AND

OF THE IMPLEMENTATION OF THE TRADE BARRIERS REGULATION

(1999)

REPORT FROM THE COMMISSION

EIGHTEENTH ANNUAL REPORT FROM THE COMMISSION 1

TO THE

EUROPEAN PARLIAMENT

ON THE COMMUNITY'S ANTI-DUMPING AND ANTI-SUBSIDY ACTIVITIES

_______________

OVERVIEW OF

THE MONITORING OF THIRD COUNTRY SAFEGUARD CASES AND

OF THE IMPLEMENTATION OF THE TRADE BARRIERS REGULATION

(1999)

1

Previous reports were given in COM(83)519 final/2; COM(84)721 final; COM(86)308 final;
COM(87)178; COM(88)92 final; COM(89)106; COM(90)229 final; SEC(91)92 final; SEC(91)974
final; SEC(92)716 final; COM(93)516 final; COM(95)16 final; COM(95)309 final; COM(96)146 final;
COM(97)428 final, COM(98)482 final and COM(1999)411 final.

2

(18th Annual report to the Parliament - 1999)

CONTENTS

Purpose and Aim.................................................................................................................. 17

1. Overview of anti-dumping and anti-subsidy legislation ................................................ 18

1.1.

The legal framework........................................................................................... 18

1.1.1. The applicable law .............................................................................................. 18

1.1.1.1.

1.1.1.2.

The international framework ................................................................. 18

The Community legislation ................................................................... 18

1.1.2. What is dumping and what are countervailable subsidies – the material conditions

for the imposition of duties ........................................................................................ 19

1.1.2.1.

Dumping and Subsidies ......................................................................... 19

1.1.2.2.

1.1.2.3.

Material Injury and Causation................................................................ 19

Community interest ............................................................................... 20

1.1.3. Procedure............................................................................................................ 20

1.1.4. The anti-dumping and anti-subsidy services........................................................ 22

1.2.

Changes to the basic Regulations ........................................................................ 22

1.3.

Implementation of Council Regulation (EC) No 905/98 related to individual

Market Economy Status for companies in China and Russia ...................................... 23

1.3.1. Regulation (EC) No 905/98 amending the anti-dumping basic Regulation .......... 23

1.3.2. Observations on the application of the new rule since 1 July 1998 ...................... 23

1.4. WTO dispute settlement in the field of anti-dumping and anti-subsidy................ 24

1.4.1. Definition of the WTO dispute settlement procedure........................................... 24

1.4.2. Panel proceedings involving EU anti-dumping and anti-subsidy activities .......... 24

2. General overview of measures in force ......................................................................... 25

3.

Initiations of Anti-dumping and Anti-subsidy Investigations ........................................ 26

3.1.

Introduction ........................................................................................................ 26

3

3.2.

Cases .................................................................................................................. 28

3.2.1. Flat rolled products of iron or non-alloy steel from Bulgaria, India, Iran, South

Africa, the Federal Republic of Yugoslavia and Taiwan............................................. 28

3.2.2. Flat rolled products of iron or non-alloy steel from India, Taiwan and

outh Africa (AS) ........................................................................................................ 28

3.2.3. Yellow phosphorus from the People's Republic of China .................................... 29

3.2.4. Television camera systems from the USA ........................................................... 29

3.2.5. Parts of television camera systems from Japan .................................................... 30

3.2.6. Compact-disc boxes from the People's Republic of China ................................... 30

3.2.7. Video tapes on reels from the Republic of Korea ................................................ 30

3.2.8. Synthetic fibres of polyester from Australia, Indonesia and Thailand .................. 31

3.2.9. Synthetic fibres of polyester from Australia, Indonesia, the Republic of Korea,

Taiwan and Thailand (AS) ......................................................................................... 31

3.2.10.

Hot-rolled flat products of non-alloy steel from India, the People's

Republic of China and Romania................................................................................. 31

3.2.11.

Steel wire rod from Turkey.................................................................... 32

3.2.12.

Malleable cast iron tube or pipe fittings from Brazil, Croatia, the Czech
Republic, the Federal Republic of Yugoslavia, Japan, the People's Republic of China,
the Republic of Korea and Thailand ........................................................................... 32

3.2.13.

Solutions of urea and ammonium nitrate from Algeria, Belarus, Lithuania,
Russia, the Slovak Republic and Ukraine................................................................... 33

3.2.14.

Stainless steel fasteners from Malaysia, Singapore, the Philippines and

Thailand (AS) ............................................................................................................ 33

3.2.15.

One Dye Black 1 (ODB-1) from Japan .................................................. 34

3.2.16.

One Dye Black 2 (ODB-2) from Japan .................................................. 34

3.2.17.

Cathode-ray colour television picture tubes from the People's Republic of
China, India, the Republic of Korea, Lithuania and Malaysia..................................... 34

3.2.18.

Hair brushes from the People's Republic of China, Hong Kong, the

Republic of Korea, Taiwan and Thailand ................................................................... 35

3.2.19.

Glycine from the People's Republic of China......................................... 36

3.2.20.

Styrene-butadiene-styrene (SBS) thermoplastic rubbers from Taiwan (AS)36

4

3.2.21.

Styrene-butadiene-styrene (SBS) thermoplastic rubbers from Taiwan.... 37

3.2.22.

Electronic weighing scales from the People's Republic of China, the

Republic of Korea and Taiwan................................................................................... 37

3.2.23.

Woven glass fibre fabrics from Taiwan (AS) ......................................... 37

3.2.24.

Coke over 80 mm from the People's Republic of China ......................... 38

3.2.25.

Polyester staple fibres from the Republic of Korea ................................ 38

3.2.26.

Ammonium nitrate from Lithuania, Poland and Ukraine........................ 38

3.2.27.

Bicycle forks from the People's Republic of China and Taiwan ............. 39

3.2.28.

Bicycle frames from the People's Republic of China and Taiwan........... 39

3.2.29.

Bicycle wheels from the People's Republic of China.............................. 40

3.2.30.

Polyethylene terephthalate (PET) from India, Indonesia, Malaysia, the

Republic of Korea, Taiwan and Thailand ................................................................... 40

3.2.31.

Polyethylene terephthalate (PET) from India, Indonesia, Malaysia, the

Republic of Korea, Taiwan and Thailand (AS)........................................................... 41

3.2.32.

Polyester staple fibres from India........................................................... 41

4.

Provisional measures .................................................................................................... 42

4.1.

Overview ............................................................................................................ 42

4.2.

Cases .................................................................................................................. 42

4.2.1. Steel ropes and cables from the People's Republic of China, Hungary, India,

Mexico, Poland, South Africa and Ukraine ................................................................ 42

4.2.2. Stainless steel wire having a diameter of less than 1 mm from India and the

Republic of Korea (AS) ............................................................................................. 44

4.2.3. Stainless steel wire having a diameter of less than 1 mm from the Republic of

Korea......................................................................................................................... 46

4.2.4. Stainless steel wire having a diameter of 1 mm or more from India..................... 47

4.2.5. Stainless steel wire having a diameter of 1 mm or more from India and the

Republic of Korea (AS) ............................................................................................. 49

4.2.6. Seamless pipes and tubes from Croatia and Ukraine............................................ 51

4.2.7. Polyethylene terephthalate (PET) film from India (AS)....................................... 52

5

4.2.8. Compact discs boxes from the People's Republic of China.................................. 53

5. Definitive measures...................................................................................................... 54

5.1.

Overview ............................................................................................................ 54

5.2.

Cases .................................................................................................................. 54

5.2.1. Hardboard from Bulgaria, Estonia, Latvia, Lithuania, Poland and Russia............ 54

5.2.2. Bicycles from Taiwan ......................................................................................... 56

5.2.3. Polypropylene binder or baler twine from Poland, the Czech Republic and

Hungary..................................................................................................................... 58

5.2.4. Stainless steel wires with a diameter of 1 mm or more from India (AS)............... 59

5.2.5. Stainless steel wires with a diameter of 1 mm or more from India ....................... 61

5.2.6. Stainless steel wires with a diameter of less than 1 mm from India (AS) ............. 62

5.2.7. Steel ropes and cables from the People's Republic of China, Hungary, India,

Mexico, Poland, South Africa and Ukraine ................................................................ 64

5.2.8. Polyethylene terephthalate (PET) film from India (AS)....................................... 65

6.

Investigations terminated without measures.................................................................. 67

6.1.

Overview ............................................................................................................ 67

6.2.

Cases .................................................................................................................. 67

6.2.1. Laser optical reading systems from Japan, the Republic of Korea, Malaysia, the

People's Republic of China and Taiwan ..................................................................... 67

6.2.2. Hardboard from Brazil ........................................................................................ 68

6.2.3. Large electrolytic aluminium capacitors from the USA and Thailand.................. 68

6.2.4. Polypropylene binder or baler twine from Saudi Arabia ...................................... 68

6.2.5. Polypropylene binder or baler twine from Saudi Arabia (AS).............................. 69

6.2.6. Stainless steel heavy plates from Slovenia and South Africa ............................... 69

6.2.7. Polyester textured filament yarn from India and the Republic of Korea............... 69

6.2.8. Polyester textured filament yarn from India and the Republic of Korea (AS) ...... 69

6

6.2.9. Stainless steel wires with a diameter of 1 mm or more from the Republic of Korea
(AS)........................................................................................................................... 70

6.2.10.

of Korea

Stainless steel wires with a diameter of 1 mm or more from the Republic
.............................................................................................................. 70

6.2.11.

Stainless steel wires with a diameter of less than 1 mm from the Republic
of Korea (AS) ............................................................................................................ 70

6.2.12.

of Korea

Stainless steel wires with a diameter of less than 1 mm from the Republic
.............................................................................................................. 71

6.2.13.

Steel ropes and cables from the Republic of Korea ................................ 71

6.2.14.

Video tapes on reels from the Republic of Korea................................... 71

7. Reviews of anti-dumping and anti-subsidy measures .................................................... 71

7.1.

Overview ............................................................................................................ 71

7.2.

Expiry reviews.................................................................................................... 72

7.2.1. Expiry reviews initiated ...................................................................................... 73

7.2.1.1.

7.2.1.2.

7.2.1.3.

7.2.1.4.

Ethanolamine from the USA.................................................................. 73

Fluorspar from the People's Republic of China ...................................... 73

Potassium chloride from Belarus, Russia and Ukraine ........................... 74

Silicon carbide from the People's Republic of China, Russia and Ukraine74

7.2.1.5.

Television camera systems from Japan .................................................. 74

7.2.1.6.

Korea

Magnetic disks (3,5" microdisks) from Hong Kong and the Republic of
.............................................................................................................. 75

7.2.1.7.

Potassium permanganate from the People's Republic of China............... 76

7.2.1.8.

Urea ammonium nitrate solution (UAN) from Poland............................ 76

7.2.2. Expiry reviews concluded ................................................................................... 77

7.2.2.1.

Magnesium oxide from the People's Republic of China ......................... 77

7.2.2.2.

Synthetic fibres of polyester from Taiwan ............................................. 77

7.2.3. Expiry reviews terminated .................................................................................. 78

7.2.3.1.

Ferro-silicon from Egypt and Poland ..................................................... 78

7.2.3.2.

Synthetic fibres of polyester from the Republic of Korea....................... 79

7

7.3.

Interim reviews ................................................................................................... 80

7.3.1.

Interim reviews initiated ..................................................................................... 80

7.3.1.1.

7.3.1.2.

7.3.1.3.

7.3.1.4.

7.3.1.5.

7.3.1.6.

7.3.1.7.

7.3.1.8.

Ethanolamine from the USA.................................................................. 80

Fluorspar from the People's Republic of China ...................................... 80

Personal fax machines from Japan and Singapore.................................. 81

Seamless pipes and tubes of iron or non-alloy steel from Russia............ 81

Potassium chloride from Belarus, Russia and Ukraine ........................... 81

Polyester textured filament yarn (PTY) from Taiwan............................. 82

Microwave ovens from the Republic of Korea....................................... 82

Magnetic disks (3,5" microdisks) from Taiwan...................................... 82

7.3.1.9.

Tube or pipe fittings, of iron or steel from Thailand............................... 83

7.3.1.10.

Polyester textured filament yarn (PTY) from Malaysia .......................... 83

7.3.1.11.

Bicycle parts from the People's Republic of China................................. 83

7.3.1.12.

Urea ammonium nitrate solution from Poland........................................ 84

7.3.2.

Interim reviews concluded .................................................................................. 84

7.3.2.1.

7.3.2.2.

7.3.2.3.

7.3.2.4.

Calcium metal from the People's Republic of China and Russia............. 84

Salmon (AD/AS) from Norway ............................................................. 84

Personal fax machines from Japan and Singapore.................................. 85

Ferro-chrome (low carbon) from Kazakhstan, Russia and Ukraine......... 85

7.3.2.5.

Magnetic disks (3,5" microdisks) from Japan, Taiwan, the People's

Republic of China, Hong Kong, the Republic of Korea, Malaysia, Mexico, U.S.A. and
Indonesia

.............................................................................................................. 86

7.3.2.6.

Furfuraldehyde from the People's Republic of China ............................. 87

7.4.

Newcomer reviews ............................................................................................. 87

7.4.1. New exporter reviews initiated............................................................................ 88

7.4.1.1.

Handbags (leather) from the People's Republic of China........................ 88

7.4.2. New exporter reviews concluded......................................................................... 88

7.4.2.1.

7.4.2.2.

Polyethylene/polypropylene sacks and bags from India ......................... 88

Magnetic disks (3,5" microdisks) from Indonesia .................................. 88

8

7.5.

Absorption investigations.................................................................................... 88

7.5.1. Anti-absorption investigations initiated ............................................................... 89

7.5.1.1.

7.5.1.2.

Ring-binder mechanisms from the People's Republic of China .............. 89

Stainless steel fasteners & parts thereof from Malaysia and Thailand..... 89

7.5.1.3.

Magnesium (unwrought, unalloyed) from the People's Republic of China89

7.6.

Circumvention investigations.............................................................................. 90

7.6.1. Anti-circumvention investigations initiated ......................................................... 90

7.6.1.1.

Taiwan

Magnetic disks (3,5" microdisks) from the People's Republic of China and
90

7.6.1.2.

Tube and pipe fittings of iron or steel from the

People's Republic of China ........................................................................................ 91

7.6.2. Anti-circumvention investigations concluded...................................................... 91

7.6.2.1.

China

Lighters (refillable and non-refillable) from the People's Republic of
.............................................................................................................. 91

7.6.2.2.

Television camera systems from Japan .................................................. 92

7.7.

Accelerated review investigations ....................................................................... 92

7.7.1. Accelerated review investigations initiated ......................................................... 92

7.7.1.1.

7.7.1.2.

7.7.1.3.

7.7.1.4.

Stainless steel bars from India ............................................................... 92

Stainless steel wire with a diameter of less than 1 mm from India.......... 92

Stainless steel wire with a diameter of 1 mm or more from India ........... 93

Stainless steel bars from India ............................................................... 93

7.7.2. Accelerated review investigations concluded ...................................................... 93

7.7.2.1.

Stainless steel bars from India ............................................................... 93

8. Monitoring of undertakings .......................................................................................... 94

9. Refunds........................................................................................................................ 95

10. Judicial review : Decisions by the Court of Justice/Court of First Instance.................... 96

10.1. Overview of the judicial reviews in 1999 ............................................................ 96

9

10.2. Cases pending ..................................................................................................... 96

10.3. New cases........................................................................................................... 96

10.4.

Judgments rendered by the Court of First Instance .............................................. 97

10.4.1.

Microwave ovens originating, inter alia, in Thailand ............................. 97

10.4.2.

Gas-fuelled, non refillable pocket flint lighters originating in, inter alia,

the Philippines ........................................................................................................... 97

10.4.3.

Ammonium nitrate originating in Russia ............................................... 98

10.4.4.

Certain seamless pipes and tubes of Iron or non-alloy steel originating in

Hungary, Poland, Russia, the Czech Republic, Romania and the Slovak Republic ..... 98

11. Anti-dumping and anti-subsidy investigations of third countries concerning imports from
EU Member States ............................................................................................................... 99

11.1. Anti-dumping cases against EU Member States ................................................ 100

11.1.1.

Initiations (still at initiation stage) ....................................................... 101

11.1.1.1.

Supertension cable from Germany....................................................... 101

11.1.1.2.

Sterile synthetic absorbable surgical sutures from Germany................. 101

11.1.1.3.

X-ray film from Germany.................................................................... 101

11.1.1.4.

Pure terephtalic acid from Spain .......................................................... 101

11.1.1.5.

Pre-sensitised printing plates from the Netherlands.............................. 101

11.1.1.6.
France

Over-headed aluminium stranded wire or cable with steel core from
............................................................................................................ 101

11.1.1.7.

Tin from the Netherlands..................................................................... 101

11.1.1.8.

Structural steel beams from Germany and Spain.................................. 102

11.1.1.9.

Carton-board from Austria, Spain, Italy and Sweden ........................... 102

11.1.1.10.

Oxo alcohol from, inter alia, the European Union ............................... 102

11.1.1.11.

Vitamin-C from the European Union................................................... 102

11.1.1.12.

Insulin products from France and Denmark ......................................... 102

11.1.1.13.

Cars from, inter alia, the European Union ........................................... 102

11.1.1.14.

Milk from, inter alia, the European Union........................................... 102

11.1.1.15.

Photographic paper from the UK and France ....................................... 102

10

11.1.1.16.

Salt from the European Union ............................................................. 102

11.1.1.17.

D-Glucitol (Sorbitol) from the European Union................................... 102

11.1.1.18.

Methyl methacrylate from Germany, Spain, United Kingdom & France103

11.1.1.19.

Polyurethane products from, inter alia, the European Union................ 103

11.1.1.20.

Certain hot-rolled carbon steel plate from, inter alia, Finland .............. 103

11.1.1.21.

Glass microspheres from, inter alia, France and Germany ................... 103

11.1.2.

Provisional measures ........................................................................... 103

11.1.2.1.

Cut-to-length steel plate from France and Italy .................................... 103

11.1.2.2.

Thermal sensitive paper from Finland, Germany and the European Union103

11.1.2.3.

Insecticide from Denmark ................................................................... 103

11.1.2.4.

Sodium cyanide from Germany and the European Union..................... 103

11.1.2.5.

Seamless tubes from Austria................................................................ 103

11.1.3.

Definitive measures............................................................................. 104

11.1.3.1.

Acrylic fibre from Spain, Italy and Portugal ........................................ 104

11.1.3.2.

Filter tipped cigarette tubes from France and Germany........................ 104

11.1.3.3.

Uncoated white cut ream copy papers from Finland............................. 104

11.1.3.4.

Cartonboard from Germany................................................................. 104

11.1.3.5.

Hypodermic needles from Belgium, Germany, Ireland and Spain ........ 104

11.1.3.6.

Stainless steel plate in coils from Belgium and Italy ............................ 104

11.1.3.7.

Acetaminophenol from France............................................................. 104

11.1.3.8.

Flat hot-rolled carbon and alloy sheet and strip from France ................ 105

11.1.3.9.
UK

Stainless steel sheet and strip in coils from France, Germany, Italy and the
105

11.1.3.10.

Polycarbonates from Germany............................................................. 105

11.1.3.11.

Cold-rolled steel sheet from Belgium and Spain .................................. 105

11.1.3.12.

Tyres from France and the EU............................................................. 105

11.1.3.13.

Thermal sensitive paper from Finland, Germany and the European Union105

11.1.3.14.

Floor tiles from Italy............................................................................ 105

11.1.3.15.

Woven pile weather stripping from Spain and the UK ......................... 105

11

11.1.3.16.

Wound skin and closure strips from France and Germany.................... 106

11.1.4.

Investigations terminated without measures......................................... 106

11.1.4.1.

Polymeric plasticisers from the UK ..................................................... 106

11.1.4.2.

Styrene butane rubber from Germany and France ................................ 106

11.1.4.3.

Industrial sewing machine needles from Germany ............................... 106

11.1.4.4.

Stainless steel round wire from, inter alia, Spain ................................. 106

11.1.4.5.

Glass containers from Germany, Italy, Portugal and Spain................... 106

11.1.4.6.

Infant milk formula from Denmark and the Netherlands ...................... 106

11.1.4.7.

Structural steel beams from Germany and Spain.................................. 106

11.1.4.8.

Inhibitors from Germany ..................................................................... 107

11.1.4.9.

Acrylic Fibre from, inter alia, the European Union.............................. 107

11.1.5.

Pending investigations initiated before 1999........................................ 107

11.1.5.1.

Coated paperboard from Austria, Germany, the Netherlands and Spain 107

11.1.5.2.

Rock wool from the Netherlands ......................................................... 107

11.1.5.3.

Crystal polystyrene from the European Union ..................................... 107

11.1.5.4.

Woven polypropylene carpet from, inter alia, Belgium and the UK..... 108

11.1.5.5.

Bolts and nuts from, inter alia, Spain................................................... 108

11.1.5.6.

Hydroethylcellulose from, inter alia, the Netherlands.......................... 108

11.1.5.7.

Hot and cold-rolled stainless steel from France, Germany, Italy and Spain108

11.1.6.

Sunset review investigations having led to a change in the imposed duties108

11.1.6.1.

Stainless steel bars from France, Germany, Italy, Spain, Sweden, United

Kingdom 108

11.1.6.2.

Refined sugar from Belgium, Denmark, Germany, The Netherlands.... 108

11.1.6.3.

Certain coated papers from Austria and Finland................................... 108

11.2. Anti-subsidy cases against EU Member States .................................................. 109

11.2.1.

Initiations (still at initiation stage) ....................................................... 109

11.2.1.1.

Brandy from France............................................................................. 109

11.2.1.2.

Canned ham and canned pork luncheon meat from Denmark and the

Netherlands 109

12

11.2.2.

Provisional measures ........................................................................... 110

11.2.2.1.

Cut-to-length carbon steel plate from Italy and France......................... 110

11.2.2.2.

Milk powder from the European Community....................................... 110

11.2.3.

Definitive measures............................................................................. 110

11.2.3.1.

Stainless steel plate in coils from Italy and Belgium ............................ 110

11.2.3.2.

Cut-to-length carbon steel plate from Belgium..................................... 111

11.2.3.3.

Stainless steel sheet and strip from Italy and France............................. 111

11.2.3.4.

Lead and bismuth steel from the UK.................................................... 111

11.2.4.

Investigations terminated without measures......................................... 112

11.2.4.1.

Sugar from the European Community.................................................. 112

11.2.4.2.

Lead and Bismuth Steel from Germany ............................................... 112

11.2.4.3.

Leaded billets from UK and Germany ................................................. 112

11.2.5.

Review investigations having led to a change in the imposed duties .... 112

11.2.5.1.

Pasta from Italy ................................................................................... 112

12. Safeguard measures.................................................................................................... 113

12.1. Legal framework............................................................................................... 113

12.2. The Community's activities in the field of safeguards........................................ 113

12.3. Overview of the recent main third country safeguard cases ............................... 114

12.3.1.

Brazil .................................................................................................. 114

12.3.1.1.

Toys .................................................................................................... 114

12.3.2.

Chile ................................................................................................... 114

12.3.2.1.

Wheat, wheat flour, sugar and edible vegetable oils............................. 114

12.3.3.

Czech Republic ................................................................................... 114

12.3.3.1.

Sugar................................................................................................... 114

12.3.4.

Egypt .................................................................................................. 115

12.3.4.1.

Safety wooden matches ....................................................................... 115

12.3.4.2.

Fluorescent lamps................................................................................ 115

13

12.3.5.

India.................................................................................................... 115

12.3.5.1.

Phenol ................................................................................................. 115

12.3.5.2.

Acetone............................................................................................... 115

12.3.5.3.

White/yellow phophorus...................................................................... 116

12.3.6.

Latvia.................................................................................................. 116

12.3.6.1.

Swine meat.......................................................................................... 116

12.3.7.

Poland ................................................................................................. 116

12.3.7.1.

Flat steel products ............................................................................... 116

12.3.7.2.

Tractors............................................................................................... 116

12.3.7.3.

Yoghurt............................................................................................... 117

12.3.8.

Slovenia .............................................................................................. 117

12.3.8.1.

Swine meat.......................................................................................... 117

12.3.9.

Slovakia .............................................................................................. 117

12.3.9.1.

Swine meat.......................................................................................... 117

12.3.10.

USA .................................................................................................... 117

12.3.10.1.

Wheat gluten ....................................................................................... 117

12.3.10.2.

Steel wire rod ...................................................................................... 118

12.3.10.3.

Welded line pipe.................................................................................. 118

12.3.10.4.

Lamb................................................................................................... 119

12.4. Appellate body reports on safeguard measures .................................................. 119

12.4.1.

Appellate Body Report on Argentina Footwear ................................... 120

12.4.2.

Appellate Body Report on Korea – Dairy Products.............................. 121

13. The Trade Barriers Regulation (TBR)......................................................................... 122

13.1. Background and objectives ............................................................................... 122

13.2. Legal framework of the TBR ............................................................................ 122

13.2.1.

Applicability........................................................................................ 122

13.2.2.

Procedure ............................................................................................ 122

14

13.2.3.

Action under the TBR ......................................................................... 122

13.2.3.1.

Procedures initiated in 1999 ................................................................ 123

13.2.3.2.

Overview of the application of the TBR since its entry into force ........ 124

15

LIST OF ANNEXES

ANNEXES : SUMMARY

ANNEX A

ANNEX B

ANNEX C

ANNEX D

ANNEX E

ANNEX F

ANNEX G

ANNEX H

ANNEX I

ANNEX J

ANNEX K

ANNEX L

ANNEX M

ANNEX N

ANNEX O

New investigations initiated during the period 1 January - 31 December 1999

New investigations initiated by country of export during the period 1994 – 1999
(31 December)

New investigations initiated by product sector during the period 1994 – 1999
(31 December)

New investigations concluded by the imposition of provisional duties during the
period 1 January - 31 December 1999

New investigations concluded by the imposition of definitive duties during the period
1 January - 31 December 1999

New investigations terminated without imposition of measures during the period
1 January - 31 December 1999

Expiry reviews initiated or concluded during the period 1 January – 31 December
1999

Interim reviews initiated or concluded during the period 1 January – 31 December
1999
New exporter
31 December 1999

reviews initiated or concluded during the period 1 January –

Anti-absorption investigations initiated or concluded during the period 1 January -
31 December 1999
Anti-circumvention investigations initiated or concluded during the period 1 January
- 31 December 1999

Accelerated review investigations (anti-subsidy) initiated or concluded during the
period 1 January - 31 December 1999

Undertakings accepted or repealed during the period 1 January – 31 December 1999
Measures which expired during the period 1 January - 31 December 1999

Definitive measures in force on 31 December 1999

A. Ranked by product
B. Ranked by country

ANNEX P

Undertakings in force on 31 December 1999

A. Ranked by product
B. Ranked by country

ANNEX Q

Anti-dumping & anti-subsidy investigations pending on 31 December 1999 :

A. New investigations (ranked by product)

B. Review investigations (ranked by product)

C. Ranked by country (new & review investigations)

Refunds during the period 1 January - 31 December 1999

Court cases

ANNEX R

ANNEX S

A. Court cases pending before the Court of Justice and the Court of First Instance of

the European Communities on 31 December 1999

B. Judgments and orders rendered by the Court of Justice and the Court of First

Instance of the European Communities during 1999

16

PURPOSE AND AIM

is

report

submitted to the European Parliament

This
following its Resolution of
16 December 1981 on the Community’s anti-dumping activities2, and the reports of the
European Parliament’s Committee on industry, external trade, research and energy3. The 1999
issue has been extended in scope in order to also offer an overview of certain other
Community trade policy activities,
the application of the Trade Barrier
in particular,
Regulation (TBR) and the activities in relation to the safeguard measures adopted by third
countries and actions under the dispute settlement understanding of the World Trade
Organisation. This extension has been done for two reasons. These activities are implemented
by the services responsible for anti-dumping and anti-subsidy, and more important, anti-
dumping, anti-subsidy and the other trade policy activities covered by the report, all have the
same goal to ensure fair competition, not only within the European Community but also on
the third country markets.

However, the anti-dumping and anti-subsidy activities remain the main subject of this report.
It summarises developments in general policy and contains a concise commentary on each
case initiated, each provisional and definitive measure taken, the reviews undertaken, and
each case terminated without measures. It also provides information on the court cases
relating to these trade policy instruments, and summarises the anti-dumping and anti-subsidy
investigations carried out by other countries against the European Community or its Member
States.

In 1999, there was a substantial increase in anti-dumping and anti-subsidy activities, which in
particular is evidenced by the large number of new investigations opened (86), in comparison
to 1998 (29) and previous years.

The present report analyses this development and concludes that it results in part from the
economic crisis in Asia. As a consequence of the situation there, certain sensitive Community
sectors, such as the iron and steel, electronics and chemical industries, found themselves
facing a massive inflow on to their domestic markets of low-priced and/or subsidised imports.
However, the evolution of the activities in 1999 was in line with that of the other main users
of the anti-dumping and anti-subsidy instruments, notably the US. In addition, as the special
circumstances of the Asian crisis are unlikely to be repeated, the increase in the number of
new investigations in 1999 can be seen as being an exception to the normal trend, particularly
as the practices of the Community institutions concerned in the interpretation and application
of anti-dumping/anti-subsidy legislation have not changed.

The annexes to this report provide easy access to the activities in table form.

This report is also available to the general public.
(Internet Website http://europa.eu.int/comm/dg01/trade10.htm)

2

3

OJ C 11, 18.1.1982, p 37.
PE 141.178/fin of 30.11.1990, reporter Mr Gijs DE VRIES.

17

1.

OVERVIEW OF ANTI-DUMPING AND ANTI-SUBSIDY LEGISLATION

1.1.

The legal framework

1.1.1.

The applicable law

1.1.1.1. The international framework

On an international level, unfair trading practices, such as dumping and the granting
of subsidies, were identified as a threat to open markets as early as 1947, when the
first GATT Agreement was signed. The agreement contained specific provisions
these practices if they caused
allowing GATT members to take action against
material injury to the domestic industry of a GATT member.

Since that time, considerable efforts have been made to harmonise the rules relating
to trade policy instruments. Particularly during the last GATT round (the so-called
Uruguay Round), which led to the creation of the WTO and to detailed Anti-
dumping and Anti-Subsidy Agreements, these efforts focused on the procedural rules
as well as the material conditions to be fulfilled before protective measures can be
taken. The Community played an active role in the negotiation of these relevant
criteria which are reflected in its own legislation.

1.1.1.2. The Community legislation

The first Community anti-dumping and anti-subsidy legislation was enacted in 1968,
and has subsequently been modified several times. The current basic Regulations
(EC and ECSC), which form the legal basis of anti-dumping and anti-subsidy
investigations in the Community, entered into force between March 1996 and April
19984. They are in line with the Anti-dumping and Anti-subsidy Agreements agreed
upon in the GATT/WTO negotiations.

Furthermore, Community legislation contains a number of provisions aimed at
ensuring a balanced application for all interested parties of the Community’s anti-
dumping and anti-subsidy rules. These provisions are the “Community interest test”
and the “lesser duty rule”.

The Community interest test corresponds to a public interest clause, and foresees that
measures can only be taken if they are not contrary to the overall interest of the
Community. This requires an appreciation of all the economic interests involved,
including the interests of the domestic industry, users and consumers.

The lesser duty rule allows the measures imposed by the Community to be lower
than the dumping or subsidy margin, if such a lower duty rate is sufficient to protect
the Community industry adequately.

4

Council Regulation (EC) No 384/96 of 22 December 1995 (OJ L 56, 6.3.1996), as last amended by
Regulation (EC) No 905/98 (OJ L 128, 30.04.1998) and Commission Decision No 2277/96/ESCS of
28.11.1996 (OJ L 308, 29.11.1996) for anti-dumping, and
Council Regulation (EC) No 2026/97 of 6 October 1997 (OJ L 288, 21.10.1997) and Commission
Decision No 1889/98/ECSC of 3 September 1998 (OJ L 245, 4.9.1998) for anti-subsidies.

18

1.1.2. What is dumping and what are countervailable subsidies – the material conditions

for the imposition of duties

1.1.2.1. Dumping and Subsidies

Dumping is traditionally defined as price discrimination between national markets, or
as selling below cost of production. The Community’s anti-dumping legislation
defines dumping as selling a product in the Community at a price below its “normal
value”. This “normal value” is usually the actual sales price on the domestic market
of the exporting country. Consequently, a company is selling at dumped prices if the
prices on its home market are higher than its export prices (price discrimination).

However, if sales on the domestic market are not representative, for instance because
they have only been made in small quantities, the normal value may be established
on another basis, such as the sales prices of other producers on the domestic market,
or the cost of production. In the latter case, a company is selling at dumped prices if
its export prices are below the cost of production.

In the majority of cases where dumping occurs on a more than incidental basis, a
certain market segregation exists. That segregation may be due to government
regulation, but also to other circumstances, including consumer preferences. As a
result, exporters are shielded, at
from international
competition on their domestic market.

to a certain degree,

least

Subsidies can have similar effects as sales at dumped prices. They consist of a direct
support from a government, which confers a benefit to producers or exporters (e.g.
grants, tax and duty exemptions, preferential loans at below commercial rates, export
promotion schemes, which allow exporters to sell at low prices in the Community).

1.1.2.2. Material Injury and Causation

For measures to be taken against these unfair trading practices, it is not sufficient that
companies are exporting their products to the Community at dumped or subsidised
prices. Measures can only be taken if these exports cause material
injury to
Community producers, which cannot compete on an equal footing with the exporters.

Typical injury indicators are that the dumped and subsidised import volumes increase
over a certain period and import prices undercut the sales prices of the Community
industry. As a consequence, the latter is forced to decrease production volumes and
sales prices, loses market shares, makes losses or has to make employees redundant.
In the worst case, exporters may try to eliminate viable Community producers by
using a predatory pricing strategy. In any event, the injury analysis requires that all
relevant factors be taken into account before deciding whether the Community
industry is suffering material injury.

Another condition for the imposition of measures is that the injury must be caused by
the dumping or the subsidies. This condition is fulfilled when the deterioration of the
situation of the Community industry coincides with the increase in dumped and
subsidised imports. It is important to note that the dumped or subsidised imports do
not have to be the only cause of the injury.

19

1.1.2.3. Community interest

Finally, it has to be established that the application of measures would not be
contrary to the overall interest of the Community. In this respect, the interests of all
relevant economic operators, which might be affected by the outcome of the
investigation, are to be taken into account, the so-called Community interest test. In
this context, the interest to preserve employment in the Community is carefully
considered.

1.1.3.

Procedure

Investigations are carried out in accordance with the procedural rules laid down in
the basic Regulations. These rules guarantee a transparent, fair and objective
proceeding by granting significant procedural rights to interested parties. In addition,
the results of an investigation are published in the Official Journal of the European
Communities, and the Community is obliged to justify its decisions in this
publication. Finally, it is ensured that each case is decided on its merits and the
Commission does not hesitate to terminate a case if the conditions to impose
measures are not met.

Whereas each investigation is different, depending on the products and countries
involved, all cases follow the same procedural rules, however certain preferential
rules only apply to the Central and Eastern European Countries and Turkey. The
rules relating to a new case are summarised below.

Initiation

from the
A case normally starts with a sufficiently substantiated complaint
Community industry. After receipt of this complaint,
the Commission assesses
whether the complaint contains sufficient evidence to allow for the initiation of the
case. A case is opened by a notice of initiation published in the Official Journal. In
this notice, all interested parties, including users and, where appropriate, consumer
organisations, are invited to participate in the proceeding. Detailed questionnaires are
sent to producers in the exporting countries and the Community, traders (in particular
importers) and other interested parties, such as users. These parties are also informed
that they can request a hearing and ask for access to the non-confidential files, which
will help them to defend their case.

The investigation up to provisional measures

Following receipt of the replies to the questionnaire, investigations are carried out by
Commission officials at the premises of the co-operating parties.

The purpose of these visits is to verify whether the information given in the
questionnaire is reliable. The verified information is subsequently used to calculate
the dumping margin, the price undercutting margin and injury elimination level.
These calculations often involve the processing of thousands of transactions, and
require a complex analysis of production costs.

The results of the calculations and the other findings are summarised in a working
document, on the basis of which it is decided - after consultation of the Member
States in the Advisory Committee - whether to impose provisional measures or to

20

terminate the proceeding. In either eventuality, the decision at this stage is the
Commission's responsibility.

The investigation up to definitive measures

Following the publication in the Official Journal of a Commission regulation
imposing provisional duties,
interested parties, who so request, receive a full
disclosure, which allows them to verify the calculations of the Commission and to
submit comments. Comments can also be made in a hearing. All submissions and
comments are taken into account when a second, definitive, working document is
prepared by the Commission.

After final disclosure and consultation of the Member States on the basis of the
second working document, the Commission makes a proposal to the Council whether
or not to confirm the provisional measures and impose definitive measures. Another
possibility is that the Commission accepts undertakings offered by exporters, which
undertake to respect minimum prices. In this case, no duties are imposed for the
companies from which undertakings are accepted.

The Council decides on the adoption of the Commission proposal by simple majority
vote, i.e. at least eight Member States have to be in favour of the Commission
proposal. The regulation imposing definitive duties, and deciding on the collection of
the provisional duties, is published in the Official Journal.

Timing

The procedure described above is subject
to strict statutory deadlines. Thus, a
decision to impose provisional duties must be taken within nine months of initiation
and the total duration of an investigation is limited to fifteen months. This leads to
significant time pressures, taking into account, inter alia, internal consultations and
the necessity to publish regulations and decisions in all Community languages at the
same time.

Anti-dumping or countervailing measures will normally remain in force for five
years, and may consist of duties or undertakings concluded with exporters. Measures
are taken on a countrywide basis, but individual treatment, i.e. the application of a
company-specific duty, can be granted to exporters which have co-operated
throughout the investigation. During the five-year period, interested parties may,
under certain conditions, request a review of measures or the refund of anti-dumping
duties paid. Measures may also be suspended for a certain period, subject to given
criteria.

The anti-dumping and anti-subsidy regulations provide for administrative reviews
and distinguish between interim reviews, newcomer reviews and expiry reviews.
Those procedures are initiated normally only on the basis of the substantiated
evidences and will normally not exceed 12 months in length .

The expiry review is intended to determine if the expiry of the measures would lead
to continuation or recurrence of dumping and injury. During the five years period,
the Commission may perform an interim review. Under the latter procedure, the
Commission will
to
subsidy/dumping and injury have changed significantly or whether existing measures
the basic
are achieving the intended results in removing the injury. Finally,

circumstances with

consider whether

regard

the

21

Regulations provide that a review shall be carried out to determine individual
margins for new exporters in the exporting country concerned.

Judicial reviews:

The procedural rights of the parties, including hearing and access to non-confidential
files, are respected in the course of the proceeding, and a system of judicial review
exists to ensure their correct
implementation. The competence to review anti-
dumping and anti-subsidy cases lies with the Court of First Instance and the Court of
Justice in Luxembourg. Furthermore, the possibility of recourse to the WTO dispute
settlement mechanism exists for WTO members.

1.1.4.

The anti-dumping and anti-subsidy services

Anti-dumping and anti-subsidy investigations are, among other responsibilities,
carried out by Directorates C and E of Directorate General Trade in charge of
external commercial policy. Whilst Directorate C deals with the dumping aspects of
investigations, Directorate E covers the areas of injury and Community interest. In
addition, Unit 3 in Directorate E is in charge of anti-subsidy investigations and the
enforcement of the Trade Barrier Regulation.

1.2.

Changes to the basic Regulations

The basic Regulations on anti-dumping and anti-subsidy were not amended during
it was necessary to align some provisions of Decision
1999. However,
No 2277/96/ECSC with those of Regulation (EC) No 384/96 in order to ensure
consistency in the application of the anti-dumping rules provided under the EC and
the Commission adopted two sets of
ECSC treaties respectively. To this end,
amendments by Decision No 1000/99/ECSC5.

Firstly, this new decision extends the reform of the anti-dumping basic Regulation
contained in Regulation (EC) No 905/986 to products under the ECSC. That reform
allows for market economy status to be granted on an individual basis to companies
in China and Russia (See 17th report, 1998, fn). Under Decision No 1000/99/ECSC,
the criteria for such a status to be granted are exactly the same as under Regulation
(EC) No 905/98.

Secondly, Article 1(2) of Decision No 1000/99/ECSC aligns Decision No
2277/96/ECSC with Regulation (EC) No 384/96 as amended by Regulation (EC) No
2331/96. More precisely, Decision No 1000/99/ECSC abolishes the exhaustive
nature of the list of factors for adjustment for the purpose of the comparison between
the normal value and the export price.

5

6

Commission Decision No 1000/1999/ECSC of 11 May 1999 amending Decision No 2277/96/ECSC on
protection against dumped imports from countries not members of the ECSC (OJ L 122, 12.5.1999).
Council Regulation No 905/98 of 27 April 1998 amending Regulation No 384/96 on protection against
imports from countries not members of the EU (OJ L 128, 30.4.1998).

22

1.3.

Implementation of Council Regulation (EC) No 905/98 related to individual
Market Economy Status for companies in China and Russia

1.3.1.

Regulation (EC) No 905/98 amending the anti-dumping basic Regulation

This regulation brought a new element into the regime applicable to cases involving
China and Russia, affecting mainly the method applied for the assessment of normal
value. The traditional approach is, in principle, maintained (i.e. based on prices and
costs established in an analogue country), but a case-by-case approach is applied in
investigations involving China and Russia whereby exporters may apply for market
economy treatment.

Under the basic Regulation, companies may apply for individual market economy
status. This status will be granted only if evidence is brought that

(a)

(b)

(c)

(d)

decisions of applicant firms related to prices, costs, inputs, sales, investments
are made in response to market signals and without significant State
interference;

firms have one clear set of basic accounting records independently audited in
line with international accounting standards;

the production costs and financial situation of firms are not subject to any
significant distortions carried over from the former non-market economy
system;

firms are subject
certainty and stability, and

to bankruptcy and property laws which guarantee legal

(e)

exchange rate conversions are carried out at the market rate.

These five criteria are cumulative.

1.3.2. Observations on the application of the new rule since 1 July 1998

Market economy status was granted in a very limited number of cases, due to the
failure of the applicant companies to comply with the conditions set in the basic
Regulation.

It appears from the early applications under Article 2(7) that most of the applicant
companies did not have a clear set of accounting records or did not have any
accounting records at all. In those cases, under no circumstances could the market
economy status be granted, as the second criteria of Article 2(7) was clearly not
fulfilled. Another factor that seems to have been determinant is the capacity of the
company to sell on the domestic market. When the company was prevented by the
State from doing so, such a restriction was understood as a clear infringement of the
first criteria of Article 2(7), that is, the requirement that decisions by firms regarding,
inter alia, sales are made in response to market signals reflecting supply and demand,
and without significant state interference in this regard.

23

1.4.

WTO dispute settlement in the field of anti-dumping and anti-subsidy

1.4.1. Definition of the WTO dispute settlement procedure

In line with the conclusions of the Uruguay Round, the WTO provides for a
procedure for the settlement of disputes between WTO Member States on the
application of certain WTO agreements. This was a major development
for
international trade law. The procedure is divided into two stages. The first stage is at
the level of the Member States and consists of a bilateral consultation. Upon failure
of the consultation, the second stage can be opened by consulting a special group
(“panel”). The panel will publish a report, which can be appealed before the
Appellate Body. Both the panel report and the report by the Appellate Body are
deemed to be adopted by the Dispute Settlement Body unless the latter rejects the
report by unanimity7.

The Marrakech agreement
identifies the specific WTO agreements that may be
invoked for the initiation of the dispute settlement procedure. The dispute settlement
procedure applies expressly to the agreements on anti-dumping and to the agreement
on anti-subsidy and countervailing duties.

1.4.2.

Panel proceedings involving EU anti-dumping and anti-subsidy activities

There are a number of pending consultations related to anti-dumping and anti-
subsidy. Among them, five were initiated following a complaint by the EU. There
are two pending cases challenging EU anti-dumping or anti-subsidy legislation. In
addition, two panel reports and one interim report were adopted in 1999 in relation to
anti-dumping and anti-subsidy. In each of those cases, the findings of the panel are
relevant to EU anti-dumping and anti-subsidy policy, and support the Community’s
interpretation of the WTO rules.

(i)

Case in which the EU is complaining party :

WTO Panel on the imposition of countervailing duties on certain hot-rolled
lead and bismuth carbon steel products originating in the United Kingdom.

On 6 October 1999, the WTO Panel delivered its interim report in the above
case. The Panel accepted the main arguments put forward by the Community
and concluded that, by imposing countervailing duties on imports of leaded
bars from the UK, produced by UES and British Steel plc (the privatised
successors of the British Steel Corporation), the United States had violated
Article 10 of the Subsidy and Countervailing Measures Agreement.

Most importantly, the Panel established that an arm's length sale of assets for
fair market value (whether in the context of a privatisation or a sale between
private parties) eliminates the benefit of previous subsidisation, and rules out
the imposition of further countervailing duties.

This is a major victory for the Community, since the panel’s findings will

7

Each appeal is heard by three members of a permanent seven-member Appellate Body set up by the
Dispute Settlement Body. The Dispute Settlement Body has to accept or reject the appeals report within
30 days and rejection is only possible by consensus.

24

oblige the US to change its countervailing practice in this area, and calls into
question the continued imposition of US countervailing duties, particularly on
steel products, against several other Member States of the EU.

(ii) Other panel proceeding concerning anti-dumping:

WTO panel on US anti-dumping duties on DRAMS from Korea.

On 29 January 1999, the Dispute Settlement Body set up a panel on US anti-
dumping duties on dynamic random access memory semi-conductors
(DRAMS) from Korea8. Although this case did not
involve the European
Union, it is of particular interest for EU anti-dumping practice, as it effectively
confirmed the conformity of certain aspects of the EU basic Regulation with
the WTO Anti-dumping Agreement.
Following a decision by the Department of Commerce not to revoke an anti-
dumping order, Korea requested a panel on the basis that this decision was in
violation of various provisions of the anti-dumping legislation. The panel
assessed the compatibility of US anti-dumping legislation with, notably,
Articles 11(2), 2(1) and 6(6) of the WTO Anti-Dumping Agreement.

Most importantly, the Panel found that a risk of recurrence of dumping test
should also be carried out in an interim review, although Article 11(2) of the
WTO Agreement does not explicitly include any reference to an examination
of dumping being likely to recur, as is the case with regard to injury. Thus, the
Panel confirms the Community’s practice in interim reviews.

(iii) Panels initiated by third countries against the EU:

–

–

Complaint by India against the EU regarding anti-dumping proceedings
related to unbleached cotton fabrics from India. India alleges that the
determination of standing, the initiation, the selection of the sample and
the determination of dumping and injury are inconsistent with the EU’s
WTO obligations. (Pending consultation)

Complaint by India against the EU regarding the imposition of anti-
dumping duties on imports of cotton-type bed linen from India. India
alleges
the
determination of dumping and injury as well as the reasoning of the EU
authorities’ findings are inconsistent with the EU’s WTO obligations.
(Active Panel)

the determination of

initiation,

standing,

that

the

2.

GENERAL OVERVIEW OF MEASURES IN FORCE

At the end of 1999, the Community had 156 measures9 in force, covering 63
products and 35 countries (see Annex O). Five of the measures related to anti-
subsidy proceedings. Of the definitive measures, the large majority was in the form
of duties; however, in a significant number of cases, in particular those relating to
CEEC countries, undertakings were accepted.

8

9

WT/DS99/R.
The measures are counted per product and country concerned.

25

Of the measures in force at the end of 1999, 33 concerned China, 11 Russia and 11
including Belarus and
measures applied to non-market-economy countries,
Kazakhstan with 2 measures and Ukraine with 7 measures. Eighteen measures (or
11,54%) concerned one or more of the 10 Central and Eastern European Countries
(CEEC)10.

For a more realistic view of the impact of anti-dumping measures, however, one has
to look at the trade volume of the products concerned, which varies considerably
depending on the product sector. The biggest trade volumes are often generated by
high technology, such as electronics, which are high-value products. It should be
noted that in 1999, 0,4%11 of total imports into the Community is affected by anti-
dumping or anti-subsidy measures.

TABLE 1

Anti-dumping and anti-subsidy investigations

during the period 1 January 1995 – 31 December 199912

1995

1996

1997

1998

1999

Investigations in progress at the beginning of the
period

Investigations initiated during the period

Investigations in progress during the period

Investigations concluded by :

-

-

imposition of definitive duty or acceptance of
undertakings
terminations13

Total investigations concluded during the period

Investigations in progress at the end of period

Provisional duties imposed during the period

65

33

98

13

8

21

77

21

77

25

102

23

25

48

54

11

54

45

99

24

13

37

62

33

62

29

91

28

16

44

44

30

44

86

130

21

22

43

87

17

3.

INITIATIONS OF ANTI-DUMPING AND ANTI-SUBSIDY INVESTIGATIONS

3.1.

Introduction

The most notable characteristic of 1999 is the large number of new initiations in
comparison with the previous year; in 1998, the Commission initiated 29 new
investigations while, in 1999, new initiations reached 86. However, between 1995
and 1999, the number of new initiations has been rather stable and even decreased
between 1997 and 1998, with respectively 45 and 29 new initiations (see Table 1).

10

11

12

13

These countries are: Romania, Bulgaria, Slovak Republic, Czech Republic, Slovenia, Hungary, Poland,
Latvia, Lithuania and Estonia.
Source Comext
The initiation of a case concerning several countries is accounted as separate investigations/proceedings
per country involved.
Investigations might be terminated for reasons such as the withdrawal of the complaint, de minimis
dumping or injury, etc.

26

This increase is particularly apparent concerning the sectors of chemical and allied
products (with 0 new cases in 1998 and 28 in 1999), iron and steel (with 14 new
cases in 1998 and 21 in 1999) and electronics (with 0 cases in 1998 and 10 in 1999).

Asian countries, with a smaller increase for countries of Central and Eastern Europe
and the CIS. Furthermore, it should be emphasised that the proportion of anti-subsidy
cases grew significantly, reaching 23% of all new investigations in 1999, having
represented only 4% of the total in 1996.

Certain factors show a correlation between the Asian financial crisis and the surge in
new investigations. The crisis started in April 1997 and directly affected Hong Kong,
Indonesia, Japan, Malaysia, Taiwan, Thailand and South Korea. The main feature of
the crisis was the collapse of domestic demand in South East Asia, especially in the
steel sector. Domestic consumption in this region was depressed and countries
became more dependent than ever on an export-based recovery.

Consequently, the crisis led to a surge in exports sold below cost or at subsidised
prices. It is alleged that governments in South East Asia subsidised the maintenance
of steel-making facilities, even in conditions of overcapacity. This allegation is lent
credibility by the sudden growth in new anti-subsidy investigations, from 4 in 1997
to 20 in 1999, out of which 19 concerned South East Asia.

Ultimately, the decline in domestic consumption in South East Asia affected trade
with countries traditionally exporting to this region. These countries were compelled
to redirect exports into other available markets, mainly towards the US and the EU.
In this context, reference is made to the increase in new investigations opened by the
EU concerning the People’s Republic of China and Taiwan.

It should be noted that the increase in new investigations in 1999 in the EU followed
the same trend of the other main users of the anti-dumping and anti-subsidy
instruments. For instance, the US initiated more investigations in 1999 than in 1998,
with an increase from 46 in 1998 (36 anti-dumping and 10 anti-subsidy) to 56 in
1999 (46 anti-dumping and 10 anti-subsidy).

It would appear, however, that this growth in new cases should not be taken as a
change of trend but rather as the result of very specific circumstances that are
unlikely to be repeated.

In a global context where new countries are introducing and using anti-dumping and
anti-subsidy instruments more and more, EU policy remains unchanged, and does not
promote a broader use of anti-dumping and anti-subsidy regulations.

In conclusion, it is worth recalling that Community anti-dumping and anti-subsidy
legislations contain strict requirements concerning the presentation of complaints and
initiation of proceedings, particularly as regards evidence relating to the existence of
dumping and injury caused thereof.

An overview of the new investigations initiated in 1999 is given in Annex A, whilst
this section of the report gives a summary of each of these cases.

27

3.2.

Cases

3.2.1.

Flat rolled products of iron or non-alloy steel from Bulgaria, India, Iran, South
Africa, the Federal Republic of Yugoslavia and Taiwan

The notice of initiation of the anti-dumping proceeding was published on 7 January
1999. The proceeding was initiated following a complaint lodged by Eurofer on
behalf of the Community industry. The complaint was supported by more than 89%
of the total Community production.

The allegation of dumping in respect of India, Iran, South Africa and Taiwan is
based on a comparison of normal value, established on the basis of domestic prices,
with the export prices of the product concerned to the Community.

The allegation of dumping for Bulgaria and the Federal Republic of Yugoslavia is
based on a comparison of a constructed normal value with the export prices of the
product concerned to the Community.

On this basis the dumping margins calculated are significant for all exporting
countries concerned.

The complainant alleges and has provided evidence that imports of the product
concerned from Bulgaria,
the Federal Republic of
Yugoslavia and Taiwan have increased both in absolute terms and in terms of market
share.

Iran, South Africa,

India,

is further alleged that

It
the volumes and the prices of the imported product
concerned have, among other consequences, had a negative impact on the quantities
sold and the level of prices charged by the Community producers, resulting in
substantial adverse effects on the financial situation of the Community industry.

3.2.2.

Flat rolled products of iron or non-alloy steel from India, Taiwan and South Africa
(AS)

The notice of initiation of the anti-subsidy proceeding was published on 8 January
1999. The proceeding was initiated following a complaint lodged by the European
Confederation of Iron and Steel Industries (Eurofer) on behalf of the Community
producers representing a major proportion of Community production of flat rolled
steel coils.

The complaint contained evidence that producers and/or exporters of the product
concerned have benefited from a number of subsidies granted by the Governments of
India, South Africa, and Taiwan. The alleged subsidies are tax credits, corporate
income tax exemptions, accelerated depreciation, import duty exemptions, loans at
preferential interest rates, direct grants, and preferential transport and utility costs.
They are alleged to be contingent on the use of domestic over imported goods, or to
be otherwise limited to certain enterprises and are therefore specific and
countervailable.

With regard to injury, it was alleged that imports of the product concerned from
India, South Africa, and Taiwan have increased both in absolute terms and in terms
of market share. Further, that the volume and the prices of these imports had, inter
alia, a negative impact on the market share, the quantities sold, and the level of prices

28

charged by the Community producers. It was alleged that these factors resulted in
substantial adverse effects on the overall performance and the financial situation of
the Community industry.

3.2.3.

Yellow phosphorus from the People's Republic of China

The notice of initiation of the anti-dumping proceeding was published on 14 January
1999. The proceeding was initiated following a complaint lodged by Thermphos
International BV, the sole producer of yellow phosphorus in the Community.

The proceeding constitutes the first full-scale investigation in application of the
amended Article 2(7) of Council Regulation (EC) No 384/96 where the market
economy status of Chinese exporting producers has to be examined if so requested.

The complainant proposed to base the calculation of dumping on a comparison of
normal value established on the basis of domestic prices in the USA with the
respective export prices of the product concerned to the EC. On this basis, the
dumping margin calculated is significant.

The complainant alleged and provided evidence that the imports of the product
concerned from the People’s Republic of China had increased overall and in absolute
terms of market share.

It was further alleged that the volume and the prices of the imported product had,
among other consequences, had a negative impact on the quantity sold and the level
of the prices charged by the Community producer, resulting in substantial adverse
effects on the overall performance,
the financial situation and the employment
situation of the Community industry.

3.2.4.

Television camera systems from the USA

The notice of initiation of the anti-dumping proceeding was published on 22 January
1999. The proceeding was initiated following a complaint lodged by Philips BTS
Broadcast Television Systems BV representing a major proportion of the total
Community production of television camera systems.

The allegation of dumping for the USA was based on a comparison of a constructed
normal value with the export prices of the product concerned to the Community. On
this basis, the dumping margin calculated was significant.

The complainant alleged and provided evidence that
imports of the product
concerned from the USA have increased overall in absolute terms and in terms of
market share.

It was further alleged that the volumes and the prices of the imported product
concerned have, among other consequences, had a negative impact on the quantities
sold and the level of prices charged by the Community producers, resulting in
substantial adverse effects on the overall performance, the financial situation and the
employment situation of the Community industry.

29

3.2.5.

Parts of television camera systems from Japan

initiation of

The notice of
the anti-dumping proceeding was published on
12 February 1999. The Commission decided to initiate a proceeding and open an
investigation concerning imports of certain parts of television camera systems,
originating in Japan.

In June 1998, the Commission opened an investigation into the circumvention of
definitive anti-dumping duties imposed on imports of modules, kits, sub-assemblies
and parts for television camera systems originating in Japan allegedly used in
assembly operations in the Community.

The investigation was concluded by a proposal for termination without imposition of
measures on the grounds of the withdrawal of the complaint. However, information
made available to the Commission in that investigation indicated that there is prima
facie evidence of dumping, injury and a causal link, as described in Article 5(2) of
the basic Regulation. In these special circumstances, the Commission decided to
initiate a new anti-dumping proceeding on the basis of Article 5 of the basic
Regulation.

3.2.6. Compact-disc boxes from the People's Republic of China

The notice of initiation of the anti-dumping proceeding was published on 5 March
1999. The proceeding was initiated following a complaint lodged by the European
Plastics Converters (EuPC) on behalf of the Community industry. The complaint was
supported by a total of eight companies.

The complaint contained evidence of significant dumping based on a comparison of
normal value, established on the basis of the price in a market economy third country
(Thailand), with the export price of the product concerned to the Community.

imports from the People’s
With regard to injury, evidence was provided that
Republic of China had increased overall in absolute terms and in terms of market
share. It was further alleged that the volumes and the prices of the imported products
had a negative impact on the quantities sold and the level of prices charged by the
resulting in substantial adverse effects on the overall
Community producers,
performance and the financial situation of the Community industry.

3.2.7.

Video tapes on reels from the Republic of Korea

The notice of initiation of the anti-dumping proceeding was published on 11 March
1999. The proceeding was initiated following a complaint
lodged by the Video
Pancake Manufacturers Association (VIPAM) on behalf of the Community industry.
The complaint was supported by producers representing more than 70% of the total
Community production of videotapes on reels.

The allegation of dumping was based on a comparison of a constructed normal value
with the export prices of the product concerned to the Community. On this basis, the
dumping margins were substantial.

imports from Korea have
The complainant alleged and provided evidence that
increased significantly in absolute terms and in terms of market share. It was further
the volume and prices of the imported product had, among other
alleged that

30

consequences, a negative impact on the quantities sold and the prices charged by the
Community producers, resulting in a substantial adverse effect on the financial
situation of the Community industry.

3.2.8.

Synthetic fibres of polyester from Australia, Indonesia and Thailand

The notice of initiation of the anti-dumping proceeding was published on 22 April
1999. The proceeding was initiated following a complaint lodged by the International
Rayon and Synthetic Fibres Committee on behalf of the Community industry. The
complaint was supported by a total of 9 companies.

The allegation of dumping for Australia, Indonesia and Thailand was based on a
comparison of a constructed normal value in these countries with the export prices of
the product concerned to the Community. In its complaint, the International Rayon
and Synthetic Fibres Committee provided also evidence that imports of the product
concerned from Australia, Indonesia and Thailand increased overall in absolute terms
and in terms of market share. It was alleged that the volumes and the prices of the
imported product concerned have, among other consequences, had a negative impact
on the market share and the level of prices charged by the Community producers,
resulting in substantial adverse effects on the financial situation of the Community
industry.

3.2.9.

Synthetic fibres of polyester from Australia, Indonesia, the Republic of Korea,
Taiwan and Thailand (AS)

The notice of initiation of the anti-subsidy proceeding was published on 22 April
1999. The proceeding was initiated following a complaint lodged by the International
Rayon and Synthetic Fibres Committee (CIRFS) on behalf of a major proportion of
the Community industry, i.e. producers representing more than 85% of the total
Community production.

The complaint contained sufficient evidence of the existence of countervailable
subsidised imports
injury to the Community industry.
Consultations according to Article 10(9) of Council Regulation (EC) No 2026/97
were held with the Governments of Australia, Indonesia, Korea, Taiwan and
Thailand in Brussels prior to the initiation of this proceeding.

that cause material

3.2.10. Hot-rolled flat products of non-alloy steel from India, the People's Republic of China

and Romania

The notice of initiation of the anti-dumping proceeding was published on 13 May
1999. The proceeding was initiated following a complaint lodged by Eurofer on
behalf of the Community industry. The complaint was supported by a total of 77% of
the total Community production.

The allegation of dumping in respect of India is based on a comparison of normal
value established on the basis of domestic prices in this country with the export
prices of the product concerned to the Community.

The allegation of dumping for Romania is based on a comparison of a constructed
normal value with the export prices of the product concerned to the Community.

31

As regards the People's Republic of China, in view of the fact that normal value will
be established pursuant to Article 2(7)(a) of the basic Decision, save where exporting
producers satisfy the conditions set out
the
complainant has proposed that normal value be established on the basis of the price
in a market economy third country.

in Article 2(7)(c) of this Decision,

On this basis, the dumping margins calculated are significant for all exporting
countries concerned.

the imports from the
The complainant alleges and has provided evidence that
People's Republic of China, India and Romania have increased overall in absolute
terms and in terms of market share.

It is further alleged that the volume and the prices of the imported product have,
among other consequences, had a negative impact on the quantities sold and the level
of prices charged by the Community producers, resulting in a substantial adverse
effect on the financial situation of the complainant Community industry.

3.2.11. Steel wire rod from Turkey

initiation of

the anti-dumping proceeding was published on
The notice of
22 May 1999. The proceeding was initiated following a complaint lodged by Eurofer
on behalf of the Community industry. The complaint was supported by producers
representing a major proportion of total Community production.

The allegation of dumping is based on a comparison of normal value, established on
the basis of domestic prices, with the export prices of the product concerned to the
Community. On this basis, the dumping margin calculated is significant.

The complainant has provided evidence that imports of the product concerned from
Turkey have increased overall in absolute terms and in terms of market share.

It is alleged that the volumes and the prices of the imported product concerned have,
among other consequences, had a negative impact on market share and the level of
prices charged by the Community producers, resulting in substantial adverse effects
on the overall performance and the financial situation of the Community industry.

3.2.12. Malleable cast iron tube or pipe fittings from Brazil, Croatia, the Czech Republic,
the Federal Republic of Yugoslavia, Japan, the People's Republic of China, the
Republic of Korea and Thailand

initiation of

The notice of
the anti-dumping proceeding was published on
29 May 1999. The proceeding was initiated following a complaint lodged by the
Defence Committee of Malleable Cast Iron Tube or Pipe Fittings Industry of the
European Union on behalf of the Community industry. The complaint was supported
by a total of six companies.

The allegation of dumping in respect of Brazil, the Czech Republic, Japan, the
Republic of Korea and Thailand was based on a comparison of normal value
established on the basis of domestic prices with the export prices of the product
concerned to the Community.

32

The allegation of dumping for Croatia and the Federal Republic of Yugoslavia was
based on a comparison of a constructed normal value with the export prices of the
product concerned to the Community.

For China, the complainant proposed to base the calculation of dumping on a
comparison of normal value established on the basis of domestic prices in Poland
with the respective export prices of the product concerned to the EU.

On this basis, the dumping margins calculated are significant for all exporting
countries concerned.

imports of the product
The complainant alleged and provided evidence that
the Federal Republic of
the Czech Republic,
concerned from Brazil, Croatia,
Yugoslavia, Japan, the People's Republic of China, the Republic of Korea and
Thailand had increased overall in absolute terms and in terms of market share.

It was further alleged that the volume and prices of the imported product had, among
other consequences, had a negative impact on the market share and the level of prices
charged by the Community producers, resulting in substantial adverse effects on the
overall performance, the financial situation and the employment situation of the
Community industry.

3.2.13. Solutions of urea and ammonium nitrate from Algeria, Belarus, Lithuania, Russia,

the Slovak Republic and Ukraine

initiation of

The notice of
the anti-dumping proceeding was published on
26 June 1999. The proceeding was initiated following a complaint lodged by the
European Fertiliser Manufacturers Association on behalf of the Community industry.
The complaint was supported by producers representing a major proportion, i.e. more
than 99,8%, of the total Community “integrated” production of urea ammonium
nitrate.

The complaint contained evidence of significant dumping based on a comparison of
normal values established on the basis of a constructed value in Algeria and
Lithuania, on domestic prices in the Slovak Republic, and on domestic prices of the
proposed analogue country (USA) for Belarus, Ukraine, and Russia with the export
prices of the product concerned to the Community.

With regard to injury, it was alleged that the imports of the product concerned from
Algeria, Belarus, Lithuania, Russia, Slovak Republic and Ukraine have increased
overall in absolute terms and in terms of market share. It was further alleged that the
volumes and the prices of the imported product concerned have, among other
consequences, had a negative impact on the market share and the level of prices
charged by the Community producers, resulting in substantial adverse effects on the
financial situation of the Community industry.

3.2.14. Stainless steel fasteners from Malaysia, Singapore, the Philippines and Thailand

(AS)

the anti-subsidy proceeding was published on
The notice of
26 June 1999. The proceeding was initiated following a complaint lodged by the
European Industrial Fasteners Institute (EIFI) on behalf of a major proportion of the

initiation of

33

Community industry,
Community production.

i.e. producers representing more than 67% of the total

The complaint contained sufficient evidence of the existence of countervailable
subsidised imports
injury to the Community industry.
Consultations according to Article 10(9) of Council Regulation (EC) No 2026/97
were held with the Government of Malaysia in Brussels prior to the initiation of this
proceeding.

that cause material

3.2.15. One Dye Black 1 (ODB-1) from Japan

initiation of

The notice of
the anti-dumping proceeding was published on
24 July 1999. This proceeding was initiated following a complaint lodged by the
European Chemical Industry Council (CEFIC) on behalf of the sole producer in the
Community.

The product allegedly being dumped is a certain colorformer, generally known as
ODB-1, whose chemical definition falls under Chemical abstract number 29512-49-
0. ODB-1 is mainly used in conjunction with other chemicals to coat paper, which
can then be used as carbonless copying paper.

The complaint contained evidence of significant dumping.

The complaint provided evidence that imports of the product concerned from Japan
had increased overall in absolute terms and in terms of market share, and that those
volumes and the prices of the imports had had a negative impact on the Community
industry’s market share, the quantities sold and the level of prices charged.

3.2.16. One Dye Black 2 (ODB-2) from Japan

initiation of

The notice of
the anti-dumping proceeding was published on
24 July 1999. The proceeding was initiated following a complaint lodged by the
European Chemical Industry Council (CEFIC) on behalf of the sole producer in the
Community.

The product allegedly being dumped as a certain colorformer, generally known as
ODB-2, whose chemical definition falls under Chemical abstract number 89331-94-
2. ODB-2 is mainly used in conjunction with other chemicals to coat paper, which
can then be used for thermal image applications.

The complaint contained evidence of significant dumping.

The complaint provided evidence that imports of the product concerned from Japan
had increased overall in absolute terms, and that those volumes and the prices of the
imports had had a negative impact on the quantities sold and the level of prices
charged by the Community industry.

3.2.17. Cathode-ray colour television picture tubes from the People's Republic of China,

India, the Republic of Korea, Lithuania and Malaysia

The notice of initiation of the anti-dumping proceeding was published on 29 July
1999. The product scope defined therein was further clarified by a notice published
on 20 October 1999. The proceeding was initiated following a complaint lodged by

34

the Taskforce against Unfair Business in Europe (TUBE), on behalf of the sole
producer of the product concerned in the Community.

The allegation of dumping was based on a comparison of normal value with the
export prices of the product concerned to the Community. The normal value in
respect of India and Malaysia was established on the basis of domestic prices, while
for Lithuania and the Republic of Korea constructed normal values were used. The
comparison for the People’s Republic of China was based on the normal value
established for India, which was proposed by the complainant as an appropriate
market economy third country. On this basis, the dumping margins were substantial.

The complainant alleged and provided evidence that imports from the countries
concerned had increased overall in terms of market shares. It was further alleged that
the volumes and the prices of the imported product had, among other consequences,
had a negative impact on the market share and the level of prices charged by the
Community producers, resulting in substantial adverse effects on the financial
situation of the Community industry.

3.2.18. Hair brushes from the People's Republic of China, Hong Kong, the Republic of

Korea, Taiwan and Thailand

initiation of

The notice of
the anti-dumping proceeding was published on
13 August 1999. The proceeding was initiated following a complaint lodged by the
Fédération Européenne des Industries de la Brosserie et de la Pinceauterie (FEIBP)
on behalf of the Community industry. The complaint was supported by more than
70% of total Community production.

The allegation of dumping in respect of Hong Kong, Taiwan and Thailand is based
on a comparison of normal value, established on the basis of domestic prices, with
the export prices of the product concerned to the Community.

The allegation of dumping for the Republic of Korea is based on a comparison of a
constructed normal value with the export prices of the product concerned to the
Community.

those exporting producers which cannot meet

In view of the fact that normal value for the People's Republic of China will be
established on the basis of the rules set out in Article 2(7)(a) of the basic Regulation
for
in
Articles 2(7)(b) and (c) of that Regulation, the complainant has proposed that normal
value be established on the basis of the price in a market economy third country, i.e.
Argentina. The allegation of dumping is based on a comparison of normal value, as
set out above, with the export prices of the product concerned when sold for export
to the Community.

the conditions set out

On this basis, the dumping margins calculated are significant for all exporting
countries concerned.

The complainant has provided evidence that imports of the product concerned from
the People's Republic of China, Hong Kong, the Republic of Korea, Taiwan and
Thailand have increased overall in absolute terms and in terms of market share.

It is alleged that the volumes and the prices of the imported product concerned have,
among other consequences, had a negative impact on the quantities sold and the level

35

of prices charged by the Community producers, resulting in substantial adverse
effects on the overall performance and the financial situation of the Community
industry.

3.2.19. Glycine from the People's Republic of China

initiation of

The notice of
the anti-dumping proceeding was published on
24 August 1999. The proceeding was initiated following a complaint lodged by the
European Chemical Industry Council (CEFIC) on behalf of the sole producer of
glycine in the Community.

In view of the fact that the People’s Republic of China was considered to be a non-
market economy, the complainant proposed that normal value be established on the
basis of constructed value in a market economy third country,
i.e. India. The
allegation is based on a comparison of normal value, as set out above, with the export
prices of the product concerned from the People’s Republic of China when sold to
the Community. On this basis the dumping margin calculated is substantial.

Exporting producers in the People’s Republic of China were notified that the normal
value may be determined on the basis of prices and costs in China if they can show,
by submitting a properly substantiated claim, that in their case market economy
conditions prevail for the manufacturing and sales of the product concerned. Two
claims that were submitted by Chinese exporting producers failed to substantiate that
in their case market economy conditions prevail.

With regard to injury, it was alleged that imports from the People’s Republic of
China increased significantly in absolute terms and in terms of market share. It was
further alleged that the volume and prices of the imported product have, among other
consequences, had a negative impact on the market share, the quantities sold and the
prices charged by the Community producer, resulting in substantial adverse effects
on its overall performance and financial situation.

3.2.20. Styrene-butadiene-styrene (SBS) thermoplastic rubbers from Taiwan (AS)

initiation of

The notice of
the anti-subsidy proceeding was published on
26 August 1999. The proceeding was initiated following a complaint lodged by the
European Chemical Industry Council (CEFIC) on behalf of Community producers
representing a major proportion of Community production of styrene-butadiene-
styrene thermoplastic rubbers.

The complaint contained evidence that producers and/or exporters of the product
concerned have benefited from a number of subsidies granted by the Government of
Taiwan. The alleged subsidies are tax credits, corporate income tax exemptions,
accelerated depreciation, import duty exemptions and loans at preferential interest
rates. They are alleged to be contingent on the use of domestic over imported goods,
or otherwise limited to certain enterprises and therefore specific and countervailable.

With regard to injury, it was alleged that imports of the product concerned from
Taiwan have increased overall in absolute terms and in terms of market share, and
that the volume and the prices of the imports, among other consequences, had a
negative impact on the market share, the quantities sold and the level of prices
charged by the Community producers, resulting in substantial adverse effects on the
overall performance and the financial situation of the Community industry.

36

3.2.21. Styrene-butadiene-styrene (SBS) thermoplastic rubbers from Taiwan

initiation of

The notice of
the anti-dumping proceeding was published on
26 August 1999. The proceeding was initiated following a complaint lodged by the
European Chemical Industry Council (CEFIC) on behalf of the Community industry.
The complaint was supported by producers representing the total Community
production of SBS thermoplastic rubbers.

The allegation of dumping was based on a comparison of normal value established
on the basis of domestic prices in Taiwan with the export prices of the product
concerned to the Community. On this basis, the dumping margins were significant.

The complainant alleged and provided evidence that imports from Taiwan have
increased significantly in absolute terms and in terms of market share. It was further
alleged that
the volume and prices of the imported product had, among other
consequences, a negative impact on the quantities sold and the prices charged by the
Community producers, resulting in a substantial adverse effect on the financial
situation of the Community industry.

3.2.22. Electronic weighing scales from the People's Republic of China, the Republic of

Korea and Taiwan

initiation of

The notice of
the anti-dumping proceeding was published on
16 September 1999. The proceeding was initiated following a complaint lodged by
Community producers representing more than 50% of
the total Community
production of the electronic weighing scales concerned.

The allegation of dumping for Korea and Taiwan was based on a comparison of a
constructed normal value with the export prices of the product concerned to the
Community. For the People’s Republic of China normal value will be established
pursuant to Article 2(7) of the basic Regulation. For exporters unable to meet the
conditions set out in Articles 2(7)(b) and (c) of the basic Regulation, the complainant
proposed to base the calculation of dumping on a comparison of a constructed
normal value in Indonesia with the respective export prices to the Community. On
this basis, the dumping margins were substantial.

The complainant alleged and provided evidence that
imports from the People’s
Republic of China, Korea and Taiwan have increased significantly in terms of market
share. It was further alleged that the volume and prices of the imported product had,
among other consequences, a negative impact on the market share and the prices
charged by the Community producers, resulting in a substantial adverse effect on the
financial situation of the Community industry.

3.2.23. Woven glass fibre fabrics from Taiwan (AS)

initiation of

The notice of
the anti-subsidy proceeding was published on
16 September 1999. The proceeding was initiated following a complaint lodged by
the European Apparel and Textile Organisation (Euratex) on behalf of producers
representing 100% of the total Community production.

37

The complaint contained sufficient evidence of the existence of countervailable
subsidised imports, which cause material injury to the Community industry. The
Government of Taiwan submitted to the Commission its views on the complaint
prior to the initiation of this proceeding.

3.2.24. Coke over 80 mm from the People's Republic of China

initiation of

The notice of
the anti-dumping proceeding was published on
16 September 1999. The proceeding was initiated following a complaint lodged by
EUCOKE-EEIG on behalf of the Community industry. The complaint was supported
by a total of six companies.

The complainant proposed to base the calculation of dumping on a comparison of
normal value established on the basis of domestic prices in the USA with the
respective export prices of the product concerned to the EU. On this basis, the
dumping margin calculated is significant.

The complainant alleged and provided evidence that
imports of the product
concerned from the People’s Republic of China had increased overall in absolute
terms of market share.

It was further alleged that the volumes and the prices of the imported product had,
among other consequences, had a negative impact on the market share, the quantities
sold and the level of prices charged by the Community producers, resulting in
substantial adverse effects on the overall performance and the financial situation of
the Community industry.

3.2.25. Polyester staple fibres from the Republic of Korea

initiation of

The notice of
the anti-dumping proceeding was published on
7 October 1999. The proceeding was initiated following a complaint lodged by the
International Rayon and Synthetic Fibres Committee on behalf of the Community
industry. The complaint was supported by a total of 8 companies.

The allegation of dumping was based on a comparison of a constructed normal value
with the export prices of the product concerned to the Community. In its complaint,
the International Rayon and Synthetic Fibres Committee provided also evidence that
imports of the product concerned from the Republic of Korea increased overall in
absolute terms and in terms of market share. It was alleged that the volumes and the
prices of the imported product concerned have, among other consequences, had a
negative impact on the market share and the level of prices charged by the
Community producers,
resulting in substantial adverse effects on the overall
performance of the Community industry.

3.2.26. Ammonium nitrate from Lithuania, Poland and Ukraine

initiation of

the anti-dumping proceeding was published on
The notice of
29 October 1999. The proceeding was initiated following a complaint lodged by the
European Fertiliser Manufacturers Association on behalf of the Community industry.
The complaint was supported by 11 producers representing a major proportion, i.e.
96%, of the total Community production of ammonium nitrate.

38

The complaint contained evidence of significant dumping based on a comparison of
normal values established on the basis of a constructed value in Lithuania, and on
domestic prices in Poland with the export prices of the product concerned to the
Community.

With regard to injury, it was alleged that imports from Lithuania, Poland and Ukraine
had increased significantly in terms of volumes and of market share. It was further
alleged that the volumes and the prices of the imported product concerned have had,
among other consequences, a negative impact on the market share and the level of
prices charged by the Community producers, resulting in substantial adverse effects
on the financial situation of the Community industry.

3.2.27. Bicycle forks from the People's Republic of China and Taiwan

initiation of

The notice of
the anti-dumping proceeding was published on
5 November 1999. The proceeding was initiated following a complaint lodged by the
European Bicycle Manufacturers Association (EBMA) on behalf of producers
representing more than 55% of the total Community production of bicycle forks. The
complaint was supported by a total of 47 companies.

The allegation of dumping for Taiwan was based on a comparison of a constructed
normal value with the export price of the product concerned to the Community. The
complainant based its allegation of dumping in respect of the People's Republic of
China on a comparison of a normal value in a market economy third country,
Mexico, with the export price of the product concerned when sold for export to the
Community. On this basis, the dumping margins calculated were significant.

The complainant provided evidence that imports of the product concerned from the
People's Republic of China and Taiwan had increased overall and in terms of market
share.

It was alleged that the volumes and the prices of the imported product concerned had,
among other consequences, a negative impact on the market share and the level of
prices charged by the Community producers, resulting in substantial adverse effects
on their financial situation and on the employment situation in the Community
industry.

3.2.28. Bicycle frames from the People's Republic of China and Taiwan

initiation of

The notice of
the anti-dumping proceeding was published on
5 November 1999. The proceeding was initiated following a complaint lodged by the
European Bicycle Manufacturers Association (EBMA) on behalf of producers
representing more than 55 % of the total Community production of bicycle frames.
The complaint was supported by a total of 47 companies.

The allegation of dumping for Taiwan was based on a comparison of a constructed
normal value with the export price of the product concerned to the Community. The
complainant based its allegation of dumping in respect of the People's Republic of
China on a comparison of a normal value in a market economy third country,
Mexico, with the export price of the product concerned when sold for export to the
Community. On this basis, the dumping margins calculated were significant.

39

The complainant provided evidence that imports of the product concerned from the
People's Republic of China and Taiwan had increased overall and in terms of market
share.

It was alleged that the volumes and the prices of the imported product concerned had,
among other consequences, a negative impact on the market share and the level of
prices charged by the Community producers, resulting in substantial adverse effects
on their financial situation and on the employment situation in the Community
industry.

3.2.29. Bicycle wheels from the People's Republic of China

initiation of

the anti-dumping proceeding was published on
The notice of
5 November 1999. The proceeding was initiated following a complaint lodged by the
European Bicycle Manufacturers Association (EBMA) on behalf of producers
representing more than 55% of the total Community production of complete wheels
of bicycles. The complaint was supported by a total of 47 companies.

The complainant based its allegation of dumping on a comparison of a normal value
in a market economy third country, Mexico, with the export price of the product
concerned when sold for export to the Community. On this basis, the dumping
margin calculated was significant.

The complainant provided evidence that imports of the product concerned from the
People's Republic of China had increased overall and in terms of market share.

It was alleged that the volumes and the prices of the imported product concerned had,
among other consequences, a negative impact on the market share and the level of
prices charged by the Community producers, resulting in substantial adverse effects
on their financial situation and on the employment situation in the Community
industry.

3.2.30. Polyethylene terephthalate (PET) from India, Indonesia, Malaysia, the Republic of

Korea, Taiwan and Thailand

initiation of

the anti-dumping proceeding was published on
The notice of
6 November 1999. The proceeding was initiated following a complaint lodged by the
Polyethylene Terephthalate (PET) Committee of
the Association of Plastic
Manufacturers in Europe (A.P.M.E.) on behalf of the Community industry. The
complaint was supported by a total of seven companies.

The allegation of dumping was based, in absence of sufficient information on prices
in the domestic market, on a comparison of a constructed normal value with the
export prices of the product concerned to the Community. On this basis, the dumping
margins calculated were significant for all six exporting countries.

The complainant alleged and provided evidence that imports from India, Indonesia,
Malaysia, the Republic of Korea, Taiwan and Thailand had increased significantly in
absolute terms and in terms of market share.

It was further alleged that the volume and prices of the imported product had, among
other consequences, a negative impact on the market share and the level of the prices

40

charged by the Community producers, resulting in a substantial adverse effect on the
overall performance and the financial situation of the Community industry.

3.2.31. Polyethylene terephthalate (PET) from India, Indonesia, Malaysia, the Republic of

Korea, Taiwan and Thailand (AS)

The notice of initiation of the anti-subsidy proceeding was published on 6 November
1999. The proceeding was
lodged by the
Polyethylene Terephthalate (P.E.T.) Committee of
the Association of Plastic
Manufacturers in Europe on behalf of producers representing 85% of the Community
production of polyethylene terephthalate.

initiated following a complaint

The complaint contained evidence that the exporting producers in the countries
concerned benefit from a number of subsidies (estimated at between 10% and 43% of
the value of the product depending on the country concerned) which appear to be
countervailable under the provisions of Article 3 of the basic Regulation. These
rates,
subsidies include tax credits/exemptions,
accelerated depreciation, imports of raw materials and machinery free of customs
duties.

loans at preferential

interest

As regards injury, it was alleged that imports of the product concerned from these
countries have increased overall in absolute terms and in terms of market share, and
that the volume and the prices of the imports, among other consequences, had a
negative impact on the market share, the quantities sold and the level of prices
charged by the Community producers, resulting in substantial adverse effects on the
overall performance and the financial situation of the Community industry.

Concerning Saudi Arabia, the Commission considered that the exports from this
country should be excluded from the scope of the investigation since the volume of
imports constituted only 3,5% of total imports. The Commission decided that the
import volume was de minimis.

3.2.32. Polyester staple fibres from India

initiation of

The notice of
the anti-dumping proceeding was published on
21 December 1999. The proceeding was initiated following a complaint lodged by
the International Rayon and Synthetic Fibres Committee on behalf of the Community
industry. The complaint was supported by a total of 8 companies.

The allegation of dumping was based on a comparison of a constructed normal value
with the export prices of the product concerned to the Community. In its complaint,
the International Rayon and Synthetic Fibres Committee provided also evidence that
imports of the product concerned from India increased overall in absolute terms and
in terms of market share. It was alleged that the volumes and the prices of the
imported product concerned have, among other consequences, had a negative impact
on the market share and the level of prices charged by the Community producers,
resulting in substantial adverse effects on the overall performance of the Community
industry.

41

4.

PROVISIONAL MEASURES

4.1.

Overview

In 1999, provisional duties were imposed in 17 proceedings involving imports from
10 different countries. As shown in Table 1 (see point 2), this figure compares to 30
in 1998 and 33 in 1997. An overview of the provisional duties imposed in 1999 is
given in Annex D where it can be seen that India featured most prominently with 5
investigations. This section of the report gives a summary of each of these cases.

4.2.

Cases

4.2.1.

Steel ropes and cables from the People's Republic of China, Hungary, India, Mexico,
Poland, South Africa and Ukraine

On 19 February 1999, the Commission imposed a provisional anti-dumping duty on
imports of steel ropes and cables originating in the People's Republic of China, India,
Mexico, South Africa and the Ukraine and accepted undertakings offered by certain
exporting producers in Hungary and Poland. The proceeding had been initiated in
May 1998 following a complaint lodged by the Liaison Committee of European
Union Wire Rope Industries (EWRIS) acting on behalf of twenty three Community
producers representing a major proportion of the total production of steel ropes and
cables in the Community. The value of total imports of ropes and cables from the
countries concerned during the investigation period (from 1 January 1997 to 31
March 1998) amounted to 40.017 million ECU.

Dumping

As far as the exporting producers in the market-economy countries subject to the
investigation were concerned, the comparison of normal value with the export prices
revealed, for the investigation period, the existence of dumping in all cases. The
provisional dumping margins established ranged from 0,1% to 132%.

Since the People's Republic of China and the Ukraine are non-market economy
countries, the Commission determined the normal value on the basis of data obtained
from producers in a market economy country. Since it appeared that the country
proposed by the complainant was not an appropriate analogue country and since no
co-operation could be obtained from alternative market-economy countries outside
the scope of the investigation, it was therefore decided to have recourse to a country
subject
to the investigation. Since India was considered the most appropriate
analogue country, normal value was based on the weighted average of normal values
established for
the co-operating Indian exporting producers. The provisional
dumping margins thus established were 54,8% and 74,8%.

Injury and causation of injury

Certain exporters argued that one Community producer should be excluded from the
definition of the Community industry as its related companies had imported the
product concerned during the period under investigation. Despite this import activity,
it was established that the principal activity of this Community producer was the
production of the product concerned. Furthermore, it was found that this Community
producer had not benefited unduly from these imports nor had it been shielded from

42

the effects of the injurious dumping. The Community producer in question was
therefore not excluded from the definition of the Community industry.

Given the large number of producers in the Community industry, injury was assessed
on the basis of a sample of companies in the Community industry. This sample was
chosen on the basis of geographic location and size of the companies in terms of
production.

Certain exporters argued against
the cumulation of imports from Hungary and
Mexico. It was, however, established that the conditions for cumulation were met as
concerns imports from all countries concerned, with the exception of South Korea.
This argument was therefore rejected.

The investigation showed that despite an increase in consumption of 5%,
the
Community industry suffered a decrease in sales, market share, employment and
profitability. The Commission concluded that the Community industry had suffered
material injury resulting in particular from the significant undercutting practised by
the countries concerned and the increasing quantities imported from these countries.

Certain exporters argued that the injury suffered by the Community industry was
caused by its own imports of the product concerned. This argument was rejected
given that
these imports corresponded to the standard commercial practice of
producers having to supplement their range of manufactured products with a small
proportion of purchased goods.

A clear causal link was established between the dumped imports and the material
injury suffered by the Community industry and no other factors were considered to
have been such as to break this causal link.

Community interest

It was concluded that in the absence of anti-dumping measures the increases in
dumped imports would in all likelihood continue and further aggravate the injury
suffered by the Community industry. Any price increase in the product concerned
resulting from the imposition of anti-dumping measures, was expected to only have a
marginal impact on the user industries. It was therefore concluded that there were no
compelling reasons not to impose anti-dumping measures.

Measures and undertakings

The injury margins were found to be higher than the dumping margins established
for all exporting producers except for the Mexican and the South African exporting
producers. The provisional duty rates were therefore based on the dumping margins,
except for the Mexican and South African exporting producers for whom the injury
margins applied. The rates of duty imposed ranged from 0% to 74,8%. Undertakings
were offered by the Hungarian and Polish exporting producers and the Commission
accepted these.

43

4.2.2.

Stainless steel wire having a diameter of less than 1 mm from India and the Republic
of Korea (AS)

On 24 March 1999, the Commission imposed a provisional countervailing duty on
imports of stainless steel wire having a diameter of less than 1 mm originating in
India and the Republic of Korea. The proceeding had been initiated in June 1998
following a complaint lodged by the European Confederation of Iron and Steel
Industries (Eurofer), representing a number of the Community producers of the
product concerned. The value of the total imports of stainless steel wire having a
diameter of less than 1 mm from the countries concerned during the period of
investigation (12 months) amounted to 538.860 Euro.

Subsidisation

In respect of India, the complainant alleged that five schemes involved the granting
of countervailable subsidies to the exporters. These schemes are the Passbook
Scheme, the Duty Entitlement Passbook Scheme, the Export Promotion Capital
Goods Scheme, the Export Processing Zones/Export Oriented Units Scheme, and the
Income Tax Scheme. Following an investigation of these schemes, it was found that
four of the schemes benefited at least some of the exporters of the product concerned.
With the exception of the Export Processing Zones/Export Oriented Units Scheme,
the investigation found that all of the schemes are countervailable under Regulation
(EC) No 2026/97 because they all involve a financial contribution from the Indian
Government in the form of revenue forgone, and they confer a benefit on the
companies concerned by relieving them of certain costs. The subsidies are all
contingent upon export performance and are therefore specific under the provisions
of the basic Regulation.

Concerning the total amount of benefit received by the co-operating Indian exporters
during the investigation period, it was found that one of the exporters received no
benefit from the schemes. For the eight others, the subsidy ranged from 10,1% to
43,0%.

In respect of Korea, the complainant alleged that nine schemes involved the granting
of countervailable subsidies to the exporters. These schemes are policy loans, export
financing loans, Government direction of commercial loans, Government direction of
foreign currency loans,
the supply of
electricity without adequate remuneration, ad-hoc subsidies and equity infusions, and
debt forgiveness. Following an investigation of these schemes, it was found that the
loan schemes, the tax schemes, and the duty drawback scheme benefited at least
some of the exporters of the product concerned.

tax schemes, a duty drawback scheme,

found that

these schemes are countervailable under
The investigation further
Regulation (EC) No 2026/97 because they involve a financial contribution from the
Government of Korea in the form of revenue forgone, and they confer a benefit on
the companies concerned by relieving them of certain costs. The subsidies are all
either contingent upon export performance or are otherwise limited to certain
enterprises and are therefore specific under the provisions of the basic Regulation.

received by the co-operating Korean
Concerning the total amount of benefit
exporters during the investigation period, it was found that for five of the exporters

44

the subsidy was below the de minimis level of 1% applicable to Korea. For the two
others, the subsidy ranged from 2,4% to 2,7%.

Injury and causation of injury

After examination of all elements affecting the community industry, the Commission
concluded that material injury had been suffered. This assessment was based on the
significant price undercutting practised by the exporting producers (up to 51% in
India and up to 31% in Korea) and the constant increase of imports from India and
Korea, both in absolute terms and in terms of market share, between 1994 and the
Investigation Period.

Initially the sales volume and market share of the Community industry followed the
same evolution as the market. From 1996 onwards, however, no further benefit was
seen. This was against the background of a growing market. Indeed, whilst the
Community industry managed to keep its sales volume stable in absolute terms, this
its profitability which, with depressed sales prices,
was at
deteriorated rapidly, especially from 1996 onwards. Neither did, its market share
recover to its previous levels.

the expenses of

Community interest

In order to investigate whether the measures were in the interest of the Community,
questionnaires were sent to all known users of stainless steel wire, but only four
replies were received. The suppliers of inputs to the stainless steel wire producers in
the Community claimed that the imposition of measures was necessary in order to
protect their interests.

In these circumstances, it was considered that there were no compelling reasons to
conclude that it was not in the Community interest to impose measures.

Measures

A total of eight Indian exporters co-operated in the investigation. For the company
for which no subsidisation was found, the rate of provisional duty was set at 0%. For
the remaining seven co-operating exporters, provisional ad valorem countervailing
duties varying between 10,1% and 43,0% were imposed. These rates were based
either on the company specific injury margin or the subsidy margin, whichever was
the lower. The rate of residual duty to apply to Indian companies which failed to co-
operate was, in accordance with the Commission’s policy not to reward non-co-
operation, set at 48,9%. This last rate corresponds to the level of the sum of the
highest duty rates found for each scheme.

A total of seven Korean exporters co-operated in the investigation, two of which
were considered to be related. For the five companies for which a de minimis level of
subsidisation was found,
the rate of provisional duty was set at 0%. For the
remaining two co-operating exporters, provisional ad valorem countervailing duties
varying between 2,4% and 2,6% were imposed. These rates were based either on the
company specific injury margin or the subsidy margin, whichever was the lower. The
rate of residual duty to apply to Korean companies which failed to co-operate was, in
accordance with the Commission’s policy not to reward non-co-operation, set at
6,0%. This last rate corresponds to the level of the sum of the highest duty rates
found for each scheme.

45

4.2.3.

Stainless steel wire having a diameter of less than 1 mm from the Republic of Korea

On 24 March 1999, the Commission imposed a provisional anti-dumping duty on
imports of stainless steel wires with a diameter of less than 1 mm originating in
Korea. The proceeding had been initiated in June 1998 following a complaint lodged
by the European Confederation of Iron and Steel Industries (Eurofer) acting on
behalf of twelve Community producers representing a major proportion of the total
production of stainless steel wires in the Community. The value of total imports of
stainless steel wires from the country concerned during the investigation period
(from 1 April 1997 to 31 March 1998) amounted to 20,6 million ECU.

Dumping

The comparison of normal value with the export prices revealed, for the investigation
period, the existence of dumping for three co-operating companies. The provisional
dumping margins established for these companies ranged from 0,6% to 17%.

Injury and causation of injury

The investigation showed that between 1994 and the investigation period, the market
for stainless steel wire within the Community expanded by 27% (from 17.171 tons to
21.810 tons). Nevertheless, the sales volume of the Community industry remained
stable, not following the expansion of the market. By contrast, during the same
period, the volume of Korean imports increased by 281%, representing nearly 4
times the volume in 1994 and their market share went up from 7% to 20%. It was
also found that sales prices of the Community industry were substantially undercut
(12,1% on weighted average).

This expanding situation of the dumped imports coincided with the deterioration of
the situation of the Community industry in terms of decrease of market shares (by
12%), price depression as well as decreasing profitability (from 3,6% in 1994 to -
0,6% during the investigation period) and investments (which went also steadily
down as from 1995), depriving the Community industry of any possibilities to
further develop both its production technologies and product range.

In view of the above findings,
suffered material injury, which was caused by dumped imports.

it was concluded that

the Community industry

It was argued in the framework of the parallel anti-subsidy investigation that the
concerted practice between certain Community producers consisting in the uniform
application of the alloy surcharge and which was found in a Commission Decision
for flat products also existed for the product concerned, and that even if such a
practice would not be established for the product concerned, the existing illegal
practice for flat products would have an effect on the product concerned. As a
consequence, no accurate injury analysis would be possible, as all injury data would
be distorted.

In this respect, it was examined whether these arguments were relevant in this
proceeding. The Commission decision related to flat products whereas stainless steel
wires belong to the long product category and the application of the alloy surcharge
as such is not illegal; it could have been illegal only in a case where it would be
applied in a concerted manner but no substantiated allegation was made and the

46

investigation showed that there was no uniform application of the alloy surcharge by
the Community industry. The argument was therefore rejected.

As to the role played by other Community producers, it was alleged that they might
have contributed to the injury suffered by the Community industry. However, their
situation during the period under consideration is not any different from that of the
Community industry (stable sales volume but decreasing market shares: 23% in 1994
and 16% during the investigation period). The argument was rejected.

As to the role played by third countries' imports, some interested parties argued that
third countries' imports (mainly from Switzerland) had contributed to the injury
suffered by the Community industry. However these imports are, both in terms of
volume and market shares, below the level reached by the dumped imports and they
have remained more or less stable (between 5 and 6% market share) during the
period under consideration. The argument was rejected.

Community interest

At this stage of the proceeding, no compelling reasons were found against the
imposition of anti-dumping duties.

Measures

Given the existence of a parallel countervailing investigation, anti-dumping duties
corresponding to the dumping margin, which was found to be lower than the injury
margin, were cumulated with the countervailing duties to the extent that the total
amount did not exceed the injury threshold, except that export subsidies were not
cumulated with anti-dumping duties.

On this basis one Korean company was subject to a provisional anti-dumping duty of
17,0%.

4.2.4.

Stainless steel wire having a diameter of 1 mm or more from India

On 24 March 1999, the Commission imposed a provisional anti-dumping duty on
imports of stainless steel wires with a diameter of 1 mm or more originating in India.
The proceeding had been initiated in June 1998 following a complaint lodged by the
European Confederation of Iron and Steel Industries (Eurofer) acting on behalf of
the total
eighteen Community producers representing a major proportion of
production of stainless steel wires in the Community. The value of total imports of
stainless steel wires from the countries concerned during the investigation period
(from 1 April 1997 to 31 March 1998) amounted to 22,4 million ECU.

Dumping

The comparison of normal value with the export prices revealed, for the investigation
period, the existence of dumping for all co-operating companies from India. The
provisional dumping margins established ranged from 1,2% to 76,2%. The dumping
margins found for Korea were de minimis or very close to de minimis.

47

Injury and causation of injury

The investigation showed that the growing trend of the market (+20%) between 1994
and the investigation period benefited the dumped imports. During this period, they
increased substantially in terms of both sales volume (+862%) and market share
(from 1,4% to 1,1%) and they undercut substantially the sales prices of the
Community industry.

By comparison, during the same period, the Community industry experienced loss of
market share (from 63% to 55,3%), downward pricing, deteriorating profitability
(from 6,4% to 1,1%) and job losses. In view of the upward trend of the market, the
Community industry made continuous investments, managing to increase slightly its
production and sales volume, but its efforts were frustrated by the steady increase in
dumped imports at low prices, resulting in decreasing capacity utilisation. In view of
the above findings, it was concluded that the Community industry suffered material
injury, which was caused by dumped imports from India.

It was argued that the concerted practice between certain Community producers
consisting in the uniform application of the alloy surcharge and which was found in a
Commission Decision for flat products, also existed for the product concerned, and
that even if such a practice would not be established for the product concerned, the
existing illegal practice for flat products would have an effect on the product
concerned. As a consequence, no accurate injury analysis would be possible, as all
injury data would be distorted.

The Commission decision related to flat products whereas stainless steel wires
belong to the long product category and the application of the alloy surcharge as such
is not illegal; it could have been illegal only in a case where it would been applied in
a concerted manner but no substantiated allegation was made and the investigation
showed that
there was no uniform application of the alloy surcharge by the
Community industry. The argument was therefore rejected.

As to the role played by non-complainant Community producers, it was alleged that
they might have contributed to the injury suffered by the Community industry.
However, their situation during the period under consideration was not different from
that of the Community industry (stable sales volume but decreasing market shares:
27% in 1994 and 23% during the investigation period). The argument was therefore
rejected.

As to the role played by third country imports, some interested parties argued that
third country imports (mainly from Switzerland) might have contributed to the injury
suffered by the Community industry. However, in terms of both volume and market
share, these imports were below the level reached by the dumped imports and they
remained more or less stable (between 8,4% and 10,6% market share) during the
period under consideration. The argument was therefore rejected.

Community interest

At this stage of the proceeding no compelling reasons have been found not to impose
anti-dumping duties.

48

Measures

Given the existence of a parallel countervailing investigation, anti-dumping duties
corresponding to the dumping margin, which was found to be lower than the injury
margin, were cumulated with the countervailing duties to the extent that the total
amount did not exceed the injury threshold, except that export subsidies were not
cumulated with anti-dumping duties.

On this basis five Indian companies were subject to provisional anti-dumping duties
ranging from 2,4 to 55,6%.

For Korea, no provisional anti-dumping measures were imposed at this stage.

4.2.5.

Stainless steel wire having a diameter of 1 mm or more from India and the Republic
of Korea (AS)

On 24 March 1999, the Commission imposed a provisional countervailing duty on
imports of stainless steel wire having a diameter of 1 mm or more originating in
India and the Republic of Korea. The proceeding had been initiated in June 1998
following a complaint lodged by the European Confederation of Iron and Steel
Industries (Eurofer), representing a number of the Community producers of the
product concerned. The value of the total imports of stainless steel wire having a
diameter of 1 mm or more from the countries concerned during the period of
investigation (12 months) amounted to 1.069.552 Euro.

Subsidisation

In respect of India, the complainant alleged that five schemes involved the granting
of countervailable subsidies to the exporters. These schemes are the Passbook
Scheme, the Duty Entitlement Passbook Scheme, the Export Promotion Capital
Goods Scheme, the Export Processing Zones/Export Oriented Units Scheme and the
Income Tax Scheme. Following an investigation of these schemes, it was found that
four of the schemes benefited at least some of the exporters of the product concerned.

With the exception of the Export Processing Zones/Export Oriented Units Scheme,
the investigation found that all of the schemes are countervailable under Regulation
(EC) No 2026/97 because they all involve a financial contribution from the Indian
Government in the form of revenue forgone, and they confer a benefit on the
companies concerned by relieving them of certain costs. The subsidies are all
contingent upon export performance and are therefore specific under the provisions
of the basic Regulation.

Concerning the total amount of benefit received by the co-operating Indian exporters
during the investigation period, it was found that two of the exporters received no
benefit from the schemes. For the eight others, the subsidy ranged from 13,2% to
42,9%.

In respect of Korea, the complainant alleged that nine schemes involved the granting
of countervailable subsidies to the exporters. These schemes are policy loans, export
financing loans, Government direction of commercial loans, Government direction of
foreign currency loans,
the supply of
electricity without adequate remuneration, ad-hoc subsidies and equity infusions, and
debt forgiveness. Following an investigation of these schemes, it was found that the

tax schemes, a duty drawback scheme,

49

loan schemes, the tax schemes, and the duty drawback scheme benefited at least
some of the exporters of the product concerned. The investigation further found that
these schemes are countervailable under Regulation (EC) No 2026/97 because they
involve a financial contribution from the Government of Korea in the form of
revenue forgone, and they confer a benefit on the companies concerned by relieving
them of certain costs. The subsidies are all either contingent upon export
performance or are otherwise limited to certain enterprises and are therefore specific
under the provisions of the basic Regulation.

Concerning the total amount of benefit
received by the co-operating Korean
exporters during the investigation period, it was found that for five of the exporters
the subsidy was below the de minimis level of 1% applicable to Korea. For the two
others, the subsidy ranged from 2,4% to 2,7%.

Injury and causation of injury

After examination of all elements affecting the community industry, the Commission
concluded that material injury had been suffered. This assessment was based on the
significant price undercutting practised by the exporting producers (up to 36% in
India and up to 30% in Korea) and the constant increase of imports from India and
Korea, both in absolute terms and in terms of market share, between 1994 and the
investigation period.

Initially, the sales volume and market share of the Community industry followed the
same evolution as the market. From 1996 onwards, however, no further benefit was
seen. This was against the background of a growing market. Indeed, whilst the
Community industry managed to keep its sales volume stable in absolute terms, this
its profitability which, with depressed sales prices,
was at
deteriorated rapidly. Neither did its market share recover to its previous levels.

the expenses of

Community interest

In order to investigate whether the measures were in the interest of the Community,
questionnaires were sent to all known users of stainless steel wire, but only two
replies were received. The suppliers of inputs to the stainless steel wire producers in
the Community claimed that the imposition of measures was necessary in order to
protect their interests.

In these circumstances, it was considered that there were no compelling reasons to
conclude that it was not in the Community interest to impose measures.

Measures

A total of ten Indian exporters co-operated in the investigation. For the two
companies for which no subsidisation was found, the rate of provisional duty was set
at 0%. For the remaining eight co-operating exporters, provisional ad valorem
countervailing duties varying between 13,2% and 35,4% were imposed. These rates
were based either on the company specific injury margin or the subsidy margin,
whichever was the lower. The rate of residual duty to apply to Indian companies
which failed to co-operate was, in accordance with the Commission’s policy not to
reward non-co-operation, set at 48,9%. This last rate corresponds to the level of the
sum of the highest duty rates found for each scheme.

50

A total of seven Korean exporters co-operated in the investigation, two of which
were considered to be related. For the five companies for which a de minimis level of
subsidisation was found,
the rate of provisional duty was set at 0%. For the
remaining two co-operating exporters, provisional ad valorem countervailing duties
varying between 2,4% and 2,6% were imposed. These rates were based either on the
company specific injury margin or the subsidy margin, whichever was the lower. The
rate of residual duty to apply to Korean companies which failed to co-operate was, in
accordance with the Commission’s policy not to reward non-co-operation, set at
6,0%. This last rate corresponds to the level of the sum of the highest duty rates
found for each scheme.

4.2.6.

Seamless pipes and tubes from Croatia and Ukraine

On 18 August 1999, the Commission imposed a provisional duty on imports of
certain seamless pipes and tubes of iron or non-alloy steel originating in Croatia and
Ukraine. The proceeding was initiated in November 1998 following a complaint
lodged by the ‘Defence Committee of the Seamless Steel Tube Industry of the
European Union’ on behalf of the Community industry. The investigation found that
apparent Community consumption in the investigation period from 1 November
1997 to 31 October 1998 amounted to 1.195.329 tonnes. The value of the total
imports from Croatia and Ukraine during the same period amounted to ECU
66.224.000.

Dumping

For the sole Croatian producer, the provisional dumping margin, established on the
basis of a comparison of weighted average normal values with weighted average
export prices, was 40,8%. Since Ukraine is considered to be a non-market economy
country, normal value was established on the basis of the prices and costs of the
Croatian producer for products comparable to those sold by the Ukrainian exporting
producers in the Community. The provisional countrywide dumping margin for
Ukraine, established on the basis of a comparison of weighted average normal values
with weighted average export prices, was 123,7%.

Injury and causation of injury

The investigation showed that consumption in the Community increased by 10%
between 1997 and the investigation period. Dumped imports originating in Croatia
and Ukraine increased significantly during the same period going from 83.783 tonnes
to 164.403 tonnes. Their market share went from 7,7% in 1997 to 13,8% in the
investigation period.

During the same period, sales of the Community increased by 10% whereas their
market share remained stable. Profitability remained at break-even point, at a level
largely insufficient to ensure the long-term viability of the Community industry and
employment decreased by 2%. In the analysis, account was taken of the fact that the
Community industry had been unable to regain previously lost market share as had
been expected given the imposition of anti-dumping measures on imports from the
Czech Republic, Hungary, Poland, Romania, Russia and the Slovak Republic in
November 1997.

51

It was thus considered that the Community industry had suffered material injury and
as no other cause of material injury could be established, it was concluded that the
dumped imports from Croatia and Ukraine had caused this material injury.

Community interest

After it had examined al the arguments raised in the course of the investigation, the
Commission concluded that no compelling reasons could be found on grounds of
Community interest against the imposition of anti-dumping measures.

Measures

The injury elimination levels were lower than the dumping margins and therefore the
provisional duties were based on the former. The provisional duty for Croatia was set
at 31,2% and for Ukraine at 56,5%.

4.2.7.

Polyethylene terephthalate (PET) film from India (AS)

On 19 August 1999, the Commission imposed provisional countervailing duties on
imports of polyethylene terephthalate (PET)
film originating in India. The
proceeding had been initiated in November 1998 following a complaint lodged by
the following Community producers: Du Pont de Nemours International SA
(Luxembourg and United Kingdom), Mitsubishi Polyester Film GmbH – formerly
Hoechst Diafoil GmbH – (Germany), Toray Plastics Europe S.A. (France) and
Nuroll Spa (Italy).

Subsidisation

The complaint alleged that a large number of schemes (i.e. the Passbook scheme, the
Duty Entitlement Passbook scheme, the Export Promotion Capital Goods scheme,
the scheme relating to Export Processing Zones and Export Oriented Units, the
Income Tax Exemption scheme as well as a number of regionally available schemes,
namely the Sales Tax incentive, Refund of Electricity Duty, Octroi refund, Special
Capital incentive and Trade Tax incentive) involved the granting of countervailable
subsidies to the Indian exporters. Following an investigation of these schemes, it was
found that all were countervailable under Council Regulation (EC) No 2026/97 and
that benefits accrued thereunder to the exporters of the product concerned. It was
found that all companies investigated received subsidies ranging from 6,7% to
37,2%.

Injury and causation of injury

Even though consumption in the European Community increased by 15% during the
years from 1995 to the end of the investigation period, the Community industry lost
12% of its market share during the same period. Faced with the low priced Indian
imports but determined to maintain its production and sales volumes, the Community
industry was forced to lower its prices by 23% and sustained a sharp drop in
profitability leading to a loss-making situation during the investigation period. This
negative evolution over a period of growing demand coincided with a notable
increase in the volume of the imports from India at prices, which significantly
undercut those of the Community industry.

52

Other factors were analysed but none were found to be such as to break the causal
link between the injury suffered by the Community industry and the subsidised
imports. The Commission therefore considered that the Indian imports have caused
material injury to the Community industry.

Community interest

In view of the submissions received, the Commission considered that there were no
compelling reasons to conclude that it was not in the Community interest to impose
such measures.

Measures

A total of seven Indian exporters co-operated in the investigation. For these
companies, provisional ad-valorem countervailing duties, varying between 6,7% and
37,2%, were imposed. These rates were based on the company-specific subsidy
margins, which were consistently lower than the respective injury margins. Given the
high level of co-operation, which appears to have covered practically all imports of
the product concerned originating in India, it was considered appropriate to establish
the duty rate for non-co-operating companies at the same rate as the highest rate that
has been established for the co-operating companies i.e. 37,2%.

4.2.8. Compact discs boxes from the People's Republic of China

On 4 December 1999, the Commission imposed a provisional duty on imports of
compact disc boxes originating in the People’s Republic of China. The proceeding
was initiated in March 1999 following a complaint lodged by the European Plastics
Converters (EuPC). The investigation found that total Community consumption in
the investigation period from 1 March 1998 to 28 February 1999 amounted to 2.679
million units. The value of the total imports from the People’s Republic of China
during the same period amounted to 42.900.000 EURO.

Dumping

It was found that for one producer, market economy conditions prevailed in respect
of the manufacture and sale of the like product. Consequently, normal value was
established on the basis of its cost of manufacturing in China. For the other producers
involved, Canada was selected as a market economy third country for
the
determination of normal value. Dumping was found for the three co-operating
companies in China: the margins ranged from 6,6% to 10,4%. In order not to reward
non-co-operation, the residual margin was based on the product type with highest
dumping margin produced by the company with the highest dumping margin and
amounted to 20,1%.

Injury and causation of injury

The Community industry was found to have suffered material injury during the
period considered, i.e. from January 1995 to February 1999. The increase of imports
from China by 285%, doubling their market share in the Community, was
undercutting the Community industry by 15%. Attempting to match the Chinese
prices in order to maintain its market share, production and capacity-utilisation, the
Community industry’s profitability declined significantly to a level considered
insufficient for the long-term viability of this industry. It was found that a direct

53

link existed between the increased volume of dumped imports and the

causal
material injury suffered by the Community industry.

Community interest

The different interests involved were examined in particular those of the Community
industry, of the importers and the users. The Commission considered that there were
no compelling reasons not to impose measures in order to correct the distortive effect
of injurious dumping.

Measures

The injury elimination levels were higher than the dumping margins and therefore
the provisional duties were based on the latter. The individual duties ranged from
6,6% to 10,4% and the residual duty amounted to 20,1%.

5.

DEFINITIVE MEASURES

5.1.

Overview

In 1999, definitive duties were imposed in 21 cases involving imports from 14
different countries and covering 8 products. India featured most prominently with 5
investigations, followed by Poland with 3 investigations. As shown in Table 1 (see
point 2), this figure compares to 28 in 1998 and 24 in 1997.

Whilst an overview of the definitive duties imposed in 1999 can be found in Annex
E, a summary of each case is given below.

5.2.

Cases

5.2.1. Hardboard from Bulgaria, Estonia, Latvia, Lithuania, Poland and Russia

On 29 January 1999, the Council imposed a definitive anti-dumping duty on imports
of hardboard originating in Bulgaria, Estonia, Latvia, Lithuania, Poland and Russia.
The proceeding had been initiated on 7 November 1997 following a complaint
lodged by 8 companies producing more than 50% of the Community output of the
like product. The investigation had originally included imports of hardboard
originating in Brazil. Provisional duties were imposed on all countries, including
Brazil, in August 1998.

The investigation confirmed that
the total Community consumption in the
investigation period (from 1 October 1996 to 30 September 1997) amounted to
777.000 tonnes. The value of the total cumulated imports (including those from
Brazil) during the same period amounted to 64.828 million ECU for a volume of
276.992 tonnes.

Product

After the imposition of the provisional anti-dumping measures, a number of
importers and users continued to argue for an extension of the product scope to
include thin dry-process fibreboard, as well as plywood and chipboard panels. These
products allegedly share the same end-uses as hardboard and should thus be treated

54

as interchangeable. The investigation showed that even though there were certain
overlaps between the uses of the different types of wood-based panel products, their
physical and chemical characteristics were sufficiently different to conclude they are
not a single product, thus confirming the provisional findings.

The Brazilian exporters and certain users, mostly door makers, repeated their claims,
made at the provisional stage, that eucalyptus hardboards were not a like product
because of their different physical characteristics and unique high quality properties.
This claim was rejected.

Dumping

Provisional duties imposed on imports originating in Bulgaria, Estonia and Lithuania
remained unchanged, ranging from 6 to 11,4%. The Latvian exporting producer as
well as the co-operating Polish exporting producers made several claims to modify
certain cost calculations. As most of these claims were accepted after further
investigation, reduced dumping margins were calculated. Dumping margins for co-
operating and non co-operating exporting producers from these countries ranged
from 4,7% to 34,8%.

As normal values for Russia had been calculated using Poland as an analogue
country, the changes made in calculating the normal value for Polish companies were
taken into account and led to a recalculation of the dumping margin for Russian
imports to 30,6%.

Injury and causation of injury

the publication of provisional measures, Brazilian exporting producers
After
reiterated their claim that imports into the Community from Brazil should not be
cumulated with imports from the other countries concerned because their product
corresponded to a very different market segment and did not compete with the
this claim was accepted and led to new price
others. After
undercutting calculation, which showed no price undercutting for Brazil. It was also
demonstrated that imports from Brazil were not competing with hardboards produced
in the Community on this particular market segment and therefore could not cause
injury to the Community industry. It was then decided to terminate the proceeding
with regard to Brazil without measures.

re-examination,

Various exporting producers claimed that injury was partly caused by imports of thin
dry-process fibreboard, which were not included in the product under consideration.
Even though the imports of such boards had increased noticeably,
they still
represented a small part of the Community consumption of boards. Furthermore, the
injury to the Community industry did not consist in a loss in sales volume that would
indicate a substitution, but rather in major financial losses due to strong downward
pressure on prices as a result of injurious dumping.

The provisional findings that imports from Bulgaria, Estonia, Latvia, Lithuania,
Poland, Russia caused material injury were confirmed.

Community interest

After
the imposition of provisional measures, several parties claimed that a
substitution of thin dry-process fibreboard would occur after the imposition of

55

definitive measures on hardboard and that this would not be in the Community
hardboard producers’ interest.

The investigation revealed that a switch in consumption could indeed occur in the
future in favour of thin dry-process fibreboard, but only in those segments were these
products are interchangeable with hardboard and then only where a suitably small
price differential existed between thin dry-process fibreboard and hardboard. At the
time of the investigation, however, the thin dry-process fibreboard market was
relatively limited, and the price level of thin dry-process fibreboard was still above
those of hardboard of equivalent thickness.The Commission concluded that imposing
definitive anti-dumping measures on imports of hardboard from the countries
concerned was not against the overall Community interest.

Measures

It was decided to terminate the proceeding against Brazil without measures.

Ad valorem duties were imposed to remove the injury caused by the dumped imports
originating in the other countries concerned. The injury margins were found to be
higher than the dumping margins, apart from the case of one co-operating Polish
exporting producer. The duties were therefore based on the dumping margins found
except for this latter producer for whom the injury margin was used.

Undertakings accepted in the provisional Regulation were definitively accepted.

The rates of the duties imposed ranged from 4,7% to 34,8%.

5.2.2.

Bicycles from Taiwan

On 25 February 1999, the Commission imposed a definitive anti-dumping duty on
imports of bicycles originating in Taiwan. The proceeding has been initiated in
lodged by the European Bicycle
November 1997 following a complaint
Manufacturers’ Association on behalf of a large number of Community producers.

The investigation confirmed that
the total Community consumption in the
investigation period (i.e. from 1 November 1996 to 31 October 1997) amounted to
15,45 million bicycles, corresponding to a total value ECU 2.266 million. The
volume of the total imports of bicycles originating in Taiwan during the investigation
period amounted to 2,7 million bicycles with a value of ECU 278 million.

It is recalled that the Commission used sampling for the investigation of dumping
and injury.

Dumping

Dumping was found for all exporting producers included in the sample and
investigated by comparing constructed normal values with export prices to the
Community. The definitive dumping margins established for the sampled companies
ranged from 2,4% to 18,2%. A weighted average dumping margin of 5,4% was
attributed to co-operating companies not included in the sample.

56

Injury and causation of injury

After publication of provisional measures, exporters' and importers' associations
questioned the representativeness of the Community industry and the sample. They
also claimed that only the interests of the large European groups had been taken into
account and that small independent manufacturers had refused to participate in the
investigation. The investigation showed that even small producers participated in the
investigation and that
from Community producers was correctly
the sample of Community producers was
established.
representative of the Community industry. Contrary to what was suggested by the
associations,
the large European groups in question only
represented a share of 40% in the Community production.

It also showed that

it was found that

the support

The exporters' and importers' associations also contested the methodology followed
by the Commission services to assess the injury, in particular sales volume, sales
value and profitability. On the basis of a variety of press releases and extracts from
annual accounts, they claimed that the groups included in the Community industry
had made significant improvements during the period under investigation and that
the Community industry was thus not suffering material injury. All these claims were
carefully examined but did not change the findings on injury provisionally
established.

On causation, the associations claimed that Taiwanese imports had had no effect on
the Community industry. For them, the negative evolution of consumption and the
Italian manufacturers’ pricing methods were responsible for the alleged bad situation
of the Community industry. They argued that the restructuring of certain European
groups is almost over and has resulted in larger groups becoming profitable
nowadays. The investigation confirmed that the situation of the Community industry
significantly deteriorated whereas,
in a shrinking market, Taiwanese exporters
significantly increased their market share both in terms of volume and in terms of
the
value. As high volumes of Taiwanese low-dumped import prices undercut
Community industry’s prices and thus had a negative impact on that industry, it was
found that the pricing behaviour of Italian manufacturers did not affect it. The
exporters and importers' associations did not demonstrate that the effects of the
decrease in consumption were such as to break the causal link between the dumped
imports and the material injury suffered by the Community industry. It was thus
concluded that Taiwanese imports, taken in isolation, had caused material injury to
the Community industry.

Community interest

In reviewing the other interests involved in the light of the comments received by the
associations, it was concluded that there were no compelling reasons not to adopt
anti-dumping measures. Indeed,
the measures will not affect competition nor
innovation in the Community market and the negative effects of not taking measures
for certain operators cannot outweigh the positive effects of imposing measures for a
larger number of other operators in the Community. Finally, the large number of
competitors in the market and the level of the measures proposed should limit any
increase in the consumer price up to a maximum of 2,6%.

57

Measures

Since the injury margins are in all cases higher than the dumping margins, definitive
anti-dumping duties were imposed at the level of the dumping margins found,
namely between 2,4 to 18,2% for the sampled Taiwanese exporters and an average
duty of 5,4% for all the other co-operating Taiwanese exporters. The rate of residual
duty was set at the level of the highest dumping margin found namely 18,2%.

5.2.3.

Polypropylene binder or baler twine from Poland, the Czech Republic and Hungary

On 15 March 1999, the Council imposed a definitive anti-dumping duty on imports
of polypropylene binder or baler twine originating in Poland, the Czech Republic and
Hungary. A first proceeding concerning Poland, and another concerning the Czech
Republic, Hungary and Saudi Arabia, had been initiated in January and February
1998 respectively, following two complaints lodged by the Liaison Committee of
European Union Twine, Cordage and Netting Industries (Eurocord) on behalf of the
Community industry. The two investigations were subsequently combined.

The value of the total imports of baler twine from the countries concerned during the
investigation period (calendar year 1997) amounted to 13,6 million ECU.

Dumping

Following the publication of provisional measures, three Polish companies, which
had not co-operated with the Commission at the provisional stage, asked to be
allowed to co-operate in the proceeding. This request was only accepted in the case
of one company, which was in the particular situation of producing baler twine under
an outward processing regime, whereby raw materials acquired in the Community
were processed into finished products in Poland and then returned to the Community
for sale. A specific dumping margin was therefore established for this company.
Following the comments received from other Polish, Czech and Hungarian exporting
producers, the dumping margins published in the provisional duty regulation were
either confirmed or slightly amended, where appropriate.

Injury and causation of injury

After the publication of the provisional duty regulation on 1 October 1998, by which
measures were imposed on imports originating in Poland, Czech Republic, Hungary
and Saudi Arabia and undertakings were accepted from some exporting producers,
the Commission continued its investigation, obtained and verified new data.

On-the-spot verifications were carried out on the premises of 2 additional
complainant Community producers. Following an adjustment of the import figures,
the Community consumption increased from 40.231 tonnes in 1994 to 51.288 tonnes
during the investigation period. Nevertheless, the definitive findings pertaining to the
Community industry were not significantly different from those stated in the
provisional duty regulation.

Some exporting producers were unable to substantiate their allegation that concerted
practices amounting to anti-competitive behaviour existed for polypropylene
granulates as the raw material and for baler twine as the final product, and did not
provide substantiated arguments concerning the situation of the Community industry.

58

Accordingly,
material injury.

the Council confirmed that

the Community industry had suffered

As far as causality is concerned, it could not be excluded that some other factors than
dumped imports may have had a negative impact on the situation of the Community
industry. Nevertheless, the conclusion that the dumped imports from Poland, the
Czech Republic and Hungary, taken in isolation, had caused material injury to the
Community industry, was confirmed.

The measure provisionally imposed against Saudi Arabia was terminated on the basis
of a revision of the injury margin, which was found to be de minimis.

Community interest

In the absence of substantiated comments from importers and as no reaction from
users was received, it was assumed that the impact of any expected price increase
would be limited and that the imposition of measures would lead to a reinstatement
of effective competition that would enable the Community industry to regain the lost
market share and improve its profitability.

Measures

Definitive ad valorem duties, based on the lower of the injury or the dumping
margin, were imposed on imports of binder or baler twine from Hungary, Czech
Republic and Poland. The rate of duties, set at the net free-at-Community frontier
prices, ranged from 6,1 % to 32,9 %. However, price undertakings offered by three
co-operating exporting producers in Hungary, two in the Czech Republic and one
Polish company were accepted. Undertakings offered by five other Polish producers
were rejected because these undertakings would have given the companies a free
choice whether or not to export under the undertaking.

The proceeding concerning imports from Saudi Arabia was terminated without the
imposition of measures.

5.2.4.

Stainless steel wires with a diameter of 1 mm or more from India (AS)

On 22 July 1999, the Council imposed a definitive countervailing duty on imports of
stainless steel wires with a diameter of 1 mm or more originating in India. The
proceeding had been initiated on 25 June 1998, following a complaint lodged by the
European Confederation of Iron and Steel Industries (Eurofer), which contained
sufficient evidence of material
injury caused by countervailable subsidies.
Provisional countervailing duties were imposed on 24 March 1999 on imports of
stainless steel wires with a diameter of 1 mm or more originating in India and in the
Republic of Korea.

However, since the further investigation showed that the countrywide subsidy margin
for the latter was below the de minimis threshold, the proceeding was terminated as
regards imports originating in the Republic of Korea.

The
investigation confirmed that overall Community consumption in the
investigation period (1 April 1997 to 31 March 1998) amounted to about
82.772 tonnes.

59

Subsidisation

Further investigation did not lead to any changes with regard to subsidisation under
the Passbook, DEPB, Export Promotion Capital Goods and Income Tax Exemption
Scheme with the exception of the acceptance of additional evidence concerning the
Income Tax Exemption Scheme for one company, which lead to a downward
revision of benefits received thereunder. The investigation resulted in high subsidy
margins, which ranged from 13,2% to 42,9%.

Injury and causation of injury

The further investigation did not bring to light any new factors with respect to the
injury caused by the dumped imports. In particular as regards the competition aspects
raised by certain Indian exporting producers, in the meantime, the Commission had
officially rejected the complaint regarding alleged concerted practices in the sector of
long products. Therefore, the findings of the provisional investigation, namely the
existence of material injury caused by dumped imports of large stainless steel wire
originating in India, were confirmed.

As to the economic indicators relating to the situation of the Community industry,
the provisional findings were confirmed.

With respect to causality, and in view of the termination with respect to imports
originating in Korea, it was concluded that subsidised imports originating in India
increased both in terms of sales volume (+ 862%) and market share (from 1,4% to
11,1%) and that they have substantially undercut the sales prices of the Community
industry (by 22% on weighted average).

As to the role played by third country imports, these imports were, both in terms of
volume and market share, below the level reached by the subsidised imports and
remained more or less stable (between 8,4% and 10,6% market share) during the
period under consideration.

It was therefore concluded that imports from third countries might have contributed
to the injury suffered by the Community industry but this alone was not found to be
sufficient to break the causal link established between the subsidised imports from
India and the material injury suffered by the Community industry, particularly in
view of the development of the market share of these third countries over the period
considered.

Thus, it was concluded that the Community industry suffered material injury caused
by subsidised imports from India.

Community interest

With respect to the Community interest, further investigations were undertaken with
respect to users of large stainless steel wire. In this respect, some companies alleged
that the imposition of measures would have a direct impact on their economic
situation since it would lead to an increase of the price of their raw material.

However, they also stated that they could source their supplies from countries other
than the countries concerned or from producers located in the Community. In
addition, other users insisted on the quality and reliability of the Community

60

industry's products and stated that they supported the imposition of measures because
this was the only means to reinstate fair competition in the Community. Therefore, it
was concluded that there were no compelling reasons against the imposition of
measures.

Measures

Countervailing duties were imposed corresponding to the amount of subsidy on
individual exporting producers, up to the level of the injury margins. These duties for
eight co-operating exporters in India ranged from 13,2% to 35,4%, with two
companies de minimis and the rate for the non-co-operating exporting producers set
at 48,8%.

5.2.5.

Stainless steel wires with a diameter of 1 mm or more from India

On 22 July 1999, the Council imposed a definitive anti-dumping duty on imports of
stainless steel wires with a diameter of 1 mm or more originating in India. The
proceeding had been initiated on 25 June 1998, following a complaint lodged by the
European Confederation of Iron and Steel Industries (Eurofer) alleging that imports
were being dumped and were causing material injury to the Community industry.
Provisional anti-dumping duties were imposed on 24 March 1999 only on imports
originating in India.

The further investigation showed that the countrywide subsidy margin for Korea was
below the de minimis threshold, the proceeding was therefore terminated as regards
imports originating in the Republic of Korea.

investigation confirmed that overall Community consumption in the
The
investigation period (1 April 1997 to 31 March 1998) amounted to about
82.772 tonnes.

Dumping

Following the disclosure, one exporting producer claimed that account should be
taken of the goods-in-process stock variation in the determination of the constructed
normal value. This claim was granted and, consequently, its individual dumping
margin decreased from 44,6% to 35,8%. No other substantiated arguments were
presented in respect of the findings concerning dumping and,
the
provisional conclusions and margins were confirmed. The definitive dumping
margins were ranging from 1,2% to 76,2%.

therefore,

Injury and causation of injury

The further investigation did not bring to light any new factors with respect to the
injury caused by the dumped imports. In particular as regards the competition aspects
raised by certain Indian exporting producers, in the meantime, the Commission had
officially rejected the complaint regarding alleged concerted practices in the sector of
long products.

Therefore, the findings of the provisional investigation, namely the existence of
material injury caused by dumped imports of large stainless steel wire originating in
India, were confirmed.

61

Community interest

With respect to the Community interest, further investigations were undertaken with
respect to users of large stainless steel wire. In this respect, some companies alleged
that the imposition of measures would have a direct impact on their economic
situation since it would lead to an increase of the price of their raw material.
However, they also stated that they could source their supplies from countries other
than the countries concerned or from producers located in the Community. In
addition, other users insisted on the quality and reliability of the Community
industry's products and stated that they supported the imposition of measures because
this was the only means to reinstate fair competition in the Community. Therefore, it
was concluded that there were no compelling reasons against the imposition of
measures.

Measures

Given the existence of a parallel countervailing investigation, anti-dumping duties
were adjusted to reflect the actual dumping margins remaining after the imposition of
the countervailing duties offsetting the effect of the export subsidies. On this basis,
five Indian exporting producers were subject to a definitive anti-dumping duty that
ranged from 2,4% to 55,6%, with the duty rate for non-co-operators amounting to
55,6%.

5.2.6.

Stainless steel wires with a diameter of less than 1 mm from India (AS)

On 22 July 1999, the Council imposed a definitive countervailing duty on imports of
stainless steel wires with a diameter of less than 1 mm originating in India. The
proceeding had been initiated on 25 June 1998, following a complaint lodged by the
European Confederation of Iron and Steel Industries (Eurofer), which contained
sufficient evidence of material
injury caused by countervailable subsidies.
Provisional countervailing duties were imposed on 24 March 1999 on imports of
stainless steel wires with a diameter of less than 1 mm originating in India and in the
Republic of Korea.

However, since the further investigation showed that the countrywide subsidy margin
for the latter was below the de minimis threshold, the proceeding was terminated as
regards imports originating in the Republic of Korea.

investigation confirmed that overall Community consumption in the
The
investigation period (1 April 1997 to 31 March 1998) amounted to about
21.810 tonnes.

Subsidisation

The further investigation did not lead to any changes with regard to subsidisation
under the Passbook, DEPB, Export Promotion Capital Goods and Income Tax
Exemption Scheme with the exception of the acceptance of additional evidence
concerning the Income Tax Exemption Scheme for one company which lead to a
downward revision of benefits received thereunder. The investigation resulted in
high subsidy margins, which ranged from 8,8% to 42,9%.

62

Injury and causation of injury

The further investigation did not bring to light any new factors with respect to the
injury caused by the dumped imports. In particular as regards the competition aspects
raised by certain Indian exporting producers, in the meantime, the Commission had
officially rejected the complaint regarding alleged concerted practices in the sector of
long products. Therefore, the findings of the provisional investigation, namely the
existence of material injury caused by dumped imports originating in India, were
confirmed.

As to the economic indicators relating to the situation of the Community industry,
the provisional findings were confirmed.

With respect to causality, and in view of the termination with respect to imports
originating in Korea, it was concluded that subsidised imports originating in India
increased both in terms of sales volume (+ 1278%) and market share (from 0,3% to
3,3%) and that they have substantially undercut the sales prices of the Community
industry (by 26% on weighted average).

As to the role played by third country imports, these imports have significantly
increased both in terms of volume and market share (between 12% and 26% market
share) during the period under consideration.

Imports originating in Korea were examined in the context of this investigation. They
have significantly increased in terms of volume and corresponding market share
(from 7% to 20%) and were made at prices undercutting those of the Community
industry. However, the price-undercutting margin established for imports originating
in Korea (which amounted to 12% on weighted average) was significantly lower than
the price-undercutting margin established for imports originating in India (which
amounted to 26% on weighted average).

As to other third countries, their imports remained stable between 1994 and the
investigation period, and no indication of any price undercutting of the Community
industry’s sales prices was found.

It was therefore concluded that imports from third countries, in particular from
Korea, contributed to the injury suffered by the Community industry. However, in
view of the market share of the imports originating in India and the significant
undercutting found, it was concluded that this alone was not sufficient to break the
causal link established between the subsidised imports from India and the material
injury suffered by the Community industry.

In the light of the above, it was concluded that the subsidised imports originating in
India taken in isolation have caused material injury to the Community industry.

Community interest

With respect to the Community interest, further investigations were undertaken with
respect to users of large stainless steel wire. In this respect, some companies alleged
that the imposition of measures would have a direct impact on their economic
situation since it would lead to an increase of the price of their raw material.
However, they also stated that they could source their supplies from countries other
than the countries concerned or from producers located in the Community. In

63

addition, other users insisted on the quality and reliability of the Community
industry's products and stated that they supported the imposition of measures because
this was the only means to reinstate fair competition in the Community. Therefore, it
was concluded that there were no compelling reasons against the imposition of
measures.

Measures

Countervailing duties were imposed corresponding to the amount of subsidy on
individual exporting producers, up to the level of the injury margins. These duties for
seven Indian exporting producers ranged from 8,8% to 42,9%, with one company de
minimis and the rate for the non-co-operating exporting producers set at 44,4 %.

5.2.7.

Steel ropes and cables from the People's Republic of China, Hungary, India, Mexico,
Poland, South Africa and Ukraine

On 17 August 1999, the Council imposed a definitive anti-dumping duty on imports
of steel ropes and cables originating in the People's Republic of China, Hungary,
India, Mexico, Poland, South Africa and Ukraine. The proceedings had been initiated
in May 1998 and July 1998 following complaints lodged by the Liaison Committee
of European Union Wire Rope Industries (EWRIS). A provisional duty was imposed
in February 1999.

the total Community consumption in the
The investigation confirmed that
investigation period (1 January 1997 to 31 March 1998) amounted to 321.825 ECU
and 184.303 tonnes. The value of the imports concerned during the same period
amounted to 40.017 ECU.

Dumping

Substantial dumping margins were established for all exporters from the countries
concerned, with the exception of the Republic of Korea in respect of which de
minimis dumping margins were found.

Following the imposition of provisional anti-dumping duties, a number of
submissions were received as regards the choice of analogue country for the
establishment of normal value in the non-market economy countries. The Chinese
and Ukrainian exporting producers contested the provisional choice of India as
analogue country.

Although the Republic of Korea was proposed as an alternative, it was found that
Poland represented the most appropriate choice in this case given its low level of
import duties, its domestic market and the range of models produced by the Polish
exporting producers.

With regard to Hungary, India and Poland, modifications to the dumping margins
were made due to the granting of adjustments to take into account differences in
level of trade which were found to affect price comparability.

The dumping margins, expressed as a percentage of the free-at-Community frontier
price, were 60,4% for the People’s Republic of China; 28,1% (residual 28,1%) in
respect of Hungary; ranged between 23,8% and 30,8% (residual 30,8%) in respect of
India; 0,1% and 1,2% in respect of the Republic of Korea; 95,6% (residual 95,6%) in

64

respect of Mexico; 27,9% and 48,3% (residual 48,3%) for Poland; 132% (residual
132%) for South Africa and 51,8% for Ukraine.

Injury and causation of injury

Certain exporters argued that the injury suffered by the Community industry was
caused by its own imports and that these imports had been underestimated in the
provisional duty regulation. The level of imports made by the Community industry
was recalculated following provisional measures; however, it was found to only be
4,4% of consumption in the investigation period. This level of imports was not
considered such as to be the cause of the injury suffered by the Community industry.

It was also argued by certain exporters that the period during which the situation of
the Community industry was analysed (i.e. 1 January 1994 to 31 March 1998) did
not allow for a proper assessment on the basis that 1994 was an unrepresentative
year. This, however, was not substantiated given that an analysis beginning in 1995,
as suggested, revealed a similar development.

Certain exporters argued that the categorisation used for describing steel wire ropes
did not allow a proper and meaningful price comparison. This argument was rejected
included in the product
on the basis that additional elements, or elements not
categorisation, did not have a significant impact on the injury calculations.

The causal link between the dumped imports and the material injury suffered by the
Community industry, established in the provisional duty regulation, was confirmed.

Community interest

In the absence of any new arguments, the provisional findings were confirmed.

Measures

For all countries concerned with the exception of Mexico and South Africa, since the
dumping margins were lower than the injury elimination margins, the dumping
margins were used to establish the level of the definitive measures. As regards
Mexico and South Africa, the level of the definitive measures was based on the
injury elimination margins.

Definitive ad valorem duties were imposed, however as regards Hungary, India,
Mexico, Poland and South Africa, undertakings were accepted by the Commission
on a company-by-company basis allowing the exemption of these companies from
the duties in force. In the case of Ukraine, the Commission accepted the undertaking,
which was offered by the company in conjunction with the undertaking offered by
the Ukrainian authorities.

5.2.8.

Polyethylene terephthalate (PET) film from India (AS)

On 6 December 1999, the Council imposed a definitive countervailing duty on
imports of polyethylene terephtalate (PET) film originating in India. The proceeding
had been initiated in November 1998 following a complaint lodged by Du Pont de
Nemours International SA, Mitsubishi Polyester Film GmbH (formerly Hoechst
Diafoil GmbH), Toray Plastics Europe SA and Nuroll Spa. Provisional duties were
imposed on 17 August 1999.

65

The investigation confirmed that
the total Community consumption in the
investigation period (1 October 97 – 30 September 1998) amounted to 211.000 tons.
The value of the imports from India during the same period amounted to about
30.000.000 EURO.

Subsidisation

The Council confirmed that the schemes investigated, i.e.: the Passbook and its
successor the Duty Entitlement Passbook, the Export Promotion Capital Goods, the
schemes relating to the export promotion zones/export oriented units and a number
of Regional schemes involved the granting of countervailable subsidies to the Indian
exporters.

It was found that some of these schemes benefited at least some of the exporters of
the product concerned. The total amount of benefits received by the seven co-
operating exporters, during the investigation period, ranged between 3,8% and
19,1%.

Injury and causation of injury

It was found that the Community industry suffered material injury between 1995 and
September 1998, particularly in terms of a reduction in sales prices, market shares
and profitability. The Community industry lost 12% of its market share in the
investigation period; on the other hand, the market share of imports from India
reached almost 10%. The profitability of the Community industry also declined
becoming a loss during the investigation period.

While other imports than those subsidised from India may have contributed to the
difficult state of the Community industry, the substantial increase in imports volume
from India and their considerable price decrease and consequent undercutting, taken
in isolation, caused material injury to the Community industry.

Community interest

Some representatives of the users’ industry claimed that PET film is an important
raw material for them and any duty would jeopardise their competitiveness; these
arguments, however, were only supported by a small number of users and not
substantiated. On the other hand, the absence of measures could have in the long run
threatened the survival of three complaining Community producers, whose sole
product is PET film.

It was concluded that there were no compelling reasons not to take action against the
imports in question in order to restore a competitive market situation of fair pricing
practising and prevent further injury to the Community industry.

Measures

All the investigated Indian exporters benefited from countervailable subsidies. The
rates of duty were based on the company-specific subsidy margins, which were lower
than the respective injury margins. The rates of duty range from 3,8 to 19,1%. The
rate of the residual duty for all other Indian companies was set at 19,1%.

66

6.

INVESTIGATIONS TERMINATED WITHOUT MEASURES

6.1.

Overview

In accordance with the provisions of the respective basic Regulations, investigations
may be terminated without the imposition of measures if a complaint is withdrawn or
if protective measures are unnecessary (i.e. no dumping/no subsidies, no injury
resulting therefrom, measures not in the interest of the Community).

In 1999, 22 new proceedings were concluded without measures. The ratio of
investigations terminated without imposition of measures to the total number of new
investigations concluded is around 0,5. An overview of the investigations terminated
without measures can be found in Annex F, and a short summary of each case is
given below.

6.2.

Cases

6.2.1.

Laser optical reading systems from Japan, the Republic of Korea, Malaysia, the
People's Republic of China and Taiwan

The notice of initiation of the anti-dumping proceeding was published on 25 October
1997. The proceeding was initiated following a complaint lodged by the Association
for Laser Optical Reading Systems on behalf of the Community industry.

Given that the product scope as defined in the notice of initiation, i.e. a Laser Optical
Reading System, comprising CD tuners, disc-changers and car radios with a disc
control device, implied certain problems as regards the definition of a “system” and a
number of other technical issues, the Commission decided not to impose provisional
measures but to further continue the investigation.

The further investigation showed that the above elements taken together could not be
regarded as a “system” forming one single product. The proceeding with respect to
the Laser Optical Reading System was therefore to be terminated. However, the
Commission services considered it appropriate to investigate the three constituent
elements separately.

With respect to car radios, the Community industry withdrew the complaint as
regards this constituent element. The Commission considered that a termination of
the proceeding with respect to car radios would not be against the interest of the
Community.

Regarding CD tuners, the investigation confirmed the existence of dumping and
injury. However, in view of the decreasing market share of the dumped imports and
the parallel
it was
considered that imports originating in other third countries were breaking the causal
link between the dumping and the injury found.

imports from third countries,

increasing market share of

Concerning disc-changers, it was found that the Community industry was in a start-
up phase. Injurious dumping was established. However, it was considered that it was
disproportionate and thus not in the interest of the Community to impose measures.

In these circumstances,
measures on 23 January 1999.

the proceeding was terminated without

imposition of

67

6.2.2. Hardboard from Brazil

initiation of

The notice of
the anti-dumping proceeding was published on
7 November 1997 following a complaint lodged by 8 companies producing more
than 50% of the Community output of the like product. Provisional duties were
imposed in August 1998.

Brazilian exporting producers claimed that imports into the Community from Brazil
should not be cumulated with imports from the other countries concerned into the
proceeding because their product corresponded to a very different market segment
and did not compete with the others.

Subsequent to a re-examination after the imposition of provisional measures, this
claim was accepted and led to new price undercutting calculation, which showed no
price undercutting for Brazil. It was also demonstrated that imports from Brazil were
not competing with hardboard produced in the Community on this particular market
segment and therefore did not cause injury to the Community industry.

In these circumstances,
measures on 29 January 1999.

the proceeding was terminated without

imposition of

6.2.3.

Large electrolytic aluminium capacitors from the USA and Thailand

initiation of

The notice of
the anti-dumping proceeding was published on
29 November 1997. The proceeding was initiated following a complaint lodged by
the Federation for Appropriate Remedial Anti-Dumping (FARAD) on behalf of the
Community industry.

According to Article 6(9) of the basic Regulation, an investigation shall be concluded
within 15 months of initiation, in accordance with the definitive findings made. In
the present proceeding, this period passed without imposition of measures.

Since no measures can thereafter be imposed, the proceeding is deemed to be
terminated by operation of law.

6.2.4.

Polypropylene binder or baler twine from Saudi Arabia

The notice of initiation of the anti-dumping proceeding was published on 28
February 1998. The proceeding was initiated following a complaint lodged by the
Liaison Committee of European Union Twine, Cordage and Netting Industries
(Eurocord) on behalf of the Community industry. Subsequent to the imposition of
provisional measures on 1 October 1998, the Commission continued its investigation
of dumping, injury and Community interest.

In their comments following the disclosure of the provisional findings, the Saudi
Arabian exporting producer argued that
the Commission should include in its
calculations of the injury margin one specific type of baler twine, which represented
the majority of Saudi Arabian sales to the UK market. The Commission concluded
that the inclusion of these sales would make the calculation more representative and
it revised its calculation accordingly. Consequently the revised injury margin for the
sole Saudi exporting producer was found to be at a de minimis level.

68

In these circumstances, the proceeding was terminated without the imposition of
measures on 15 March 1999.

6.2.5.

Polypropylene binder or baler twine from Saudi Arabia (AS)

The notice of initiation of the anti-subsidy proceeding was published on 25 July 1998
following a complaint lodged Eurocord on behalf of the Community industry.

The investigation showed that the injury margin was less than 2% and therefore any
duty would have been below the de minimis level for a developing country such as
Saudi Arabia, in accordance with Article 14(5)(a) of Regulation (EC) No 2026/97. In
these circumstances it was not necessary to establish findings on subsidies.

In these circumstances,
measures on 28 May 1999.

the proceeding was terminated without

imposition of

6.2.6.

Stainless steel heavy plates from Slovenia and South Africa

initiation of

The notice of
the anti-dumping proceeding was published on
17 December 1998. The proceeding was initiated following a complaint lodged by
the European Confederation of Iron and Steel Industries (Eurofer) on behalf of the
Community Industry.

On 4 March 1999, Eurofer formally withdrew its complaint. The Commission could
thus decide to terminate the proceeding unless such termination would not be in the
Community interest. The investigation did not bring to light any such considerations.

In these circumstances,
measures on 29 May 1999.

the proceeding was terminated without

imposition of

6.2.7.

Polyester textured filament yarn from India and the Republic of Korea

The notice of initiation of the anti-dumping proceeding was published on 21 August
1998. The proceeding was initiated following a complaint lodged by the International
Committee of Rayon and Synthetic Fibres (CIRFS).

In the course of the investigation, CIRFS withdrew its complaints. The Commission
considered that a termination of the proceeding in this context would not be against
the interest of the Community.

In these circumstances, the proceeding was terminated without the imposition of
measures on 16 June 1999.

6.2.8.

Polyester textured filament yarn from India and the Republic of Korea (AS)

The notice of initiation of the anti-subsidy proceeding was published on 21 August
lodged by the
1998. The proceeding was initiated as a result of a complaint
International Committee of Rayon and Synthetic Fibres (CIRFS).

In the course of the investigation, CIRFS withdrew its complaints. The Commission
considered that a termination of the proceeding in this context would not be against
the interest of the Community.

69

In these circumstances, the proceeding was terminated without the imposition of
measures on 16 June 1999.

6.2.9.

Stainless steel wires with a diameter of 1 mm or more from the Republic of Korea
(AS)

The notice of initiation of the anti-subsidy proceeding was published on 25 June
1998. The proceeding was initiated following a complaint lodged by the European
Confederation of Iron and Steel Industries (Eurofer).

Subsequent to the imposition of provisional countervailing duties on 24 March 1999,
the investigation showed that the weighted average country-wide subsidy margin for
all imports originating in Korea was below the de minimis threshold, i.e. under 2%.

In these circumstances, the proceeding was terminated without the imposition of
measures on 22 July 1999.

6.2.10. Stainless steel wires with a diameter of 1 mm or more from the Republic of Korea

The notice of initiation of the anti-dumping proceeding was published on 25 June
1998. The proceeding was initiated following a complaint lodged by the European
Confederation of Iron and Steel Industries (Eurofer).

Given that the provisional dumping margins found were de minimis or close to de
minimis, it was decided not to impose provisional measures on imports of stainless
steel wires with a diameter of 1 mm or more originating in the Republic of Korea.

Since no arguments were put forward by any interested party and the investigation
did not lead to any different conclusion, it was concluded that the dumping margins
for the Korean exporting producers concerned were de minimis except for two
exporters. However, the weighted average country-wide dumping margin for all
imports originating in Korea was below the de minimis threshold, i.e. under 2%.

In these circumstances, the proceeding was terminated without the imposition of
measures on 22 July 1999.

6.2.11. Stainless steel wires with a diameter of less than 1 mm from the Republic of Korea

(AS)

The notice of initiation of the anti-subsidy proceeding was published on 25 June
1998, following a complaint lodged by the European Confederation of Iron and Steel
Industries (Eurofer).

Subsequent to the imposition of provisional countervailing duties on 24 March 1999,
the investigation showed that the weighted average country-wide subsidy margin for
all imports originating in Korea was below the de minimis threshold, i.e. under 2%.

In these circumstances, the proceeding was terminated without the imposition of
measures on 22 July 1999.

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6.2.12. Stainless steel wires with a diameter of less than 1 mm from the Republic of Korea

The notice of initiation of the anti-dumping proceeding was published on 25 June
1998, following a complaint lodged by the European Confederation of Iron and Steel
Industries (Eurofer).

to the imposition of provisional measures on 24 March 1999,

Subsequent
the
investigation showed that the weighted average country-wide subsidy margin for all
imports originating in Korea was below the de minimis threshold, i.e. under 2%.

In these circumstances, the proceeding was terminated without the imposition of
measures on 22 July 1999.

6.2.13. Steel ropes and cables from the Republic of Korea

The notices of initiation of the anti-dumping proceedings concerning imports of steel
ropes and cables originating in the People's Republic of China, Hungary, India,
Mexico, Poland, the Republic of Korea, South Africa and Ukraine were published on
20 May 1998 and 30 July 1998. The proceedings were initiated following complaints
lodged by the Liaison Committee of European Union Wire Rope Industries (EWRIS)
on behalf of the Community industry.

With regard to the People's Republic of China, Hungary, India, Mexico, Poland,
South Africa and Ukraine, definitive measures were introduced in August 1999.

As far as the Republic of Korea is concerned, the Commission investigation revealed
that in the period 1 January 1997 to 31 March 1998 the dumping margin for steel
wire ropes exported from the Republic of Korea was de minimis.

In these circumstances,
measures on 17 August 1999.

the proceeding was terminated without

imposition of

6.2.14. Video tapes on reels from the Republic of Korea

The notice of initiation of the anti-dumping proceeding was published on 11 March
lodged by the Video
1999. The proceeding was initiated following a complaint
Pancake Manufacturers Association (VIPAM).

In the course of the investigation, VIPAM withdrew its complaint. The Commission
considered that the termination of the proceeding in this context would not be against
the interest of the Community.

In these circumstances, the proceeding was terminated without the imposition of
measures on 26 November 1999.

7.

REVIEWS OF ANTI-DUMPING AND ANTI-SUBSIDY MEASURES

7.1.

Overview

Anti-dumping measures, including price undertakings, may be subject, under the
basic Regulation, to five different types of review: expiry (Article 11(2)), interim
(Article 11(3)), newcomer (Article 11(4)), absorption investigations (Article 12) and

71

circumvention investigations (Article 13). Anti-subsidy measures may also be
subject to accelerated reviews (Article 20 of the basic anti-subsidy Regulation).

These reviews continue to represent a major part of the work of the Commission’s
anti-dumping services. In the period from 1995 to 1999, a total of 152 review
investigations were initiated. These review investigations represented almost 41% of
all investigations.

In 1999, 40 reviews were initiated. Of these, 13 were expiry reviews, 15 interim
reviews, 3 circumvention reviews, 1 newcomer review, 4 absorption reviews and 4
accelerated reviews.

An overview of the review investigations in 1999 can be found in Annexes G to L.
Table 2 provides statistical information for the years 1995 - 1999.

TABLE 2

Reviews of anti-dumping and anti-subsidy investigations

During the period 1 January 1995 – 31 December 1999

Reviews in progress at the beginning of the
period

Reviews opened during the period

Reviews in progress during the period

Total reviews concluded during the period

Reviews in progress at the end of the period

1995

1996

1997

1998

1999

24

26

50

16

34

34

32

66

16

50

50

17

67

28

39

39

37

76

38

46

46

40

86

27

59

7.2.

Expiry reviews

Article 11(2) of the basic Regulation provides for the expiry of anti-dumping
measures after five years, unless an expiry review demonstrates that they should be
maintained in their original form.

In 1999, 7 measures (both duties and undertakings) were allowed to expire
automatically under Article 11(2). The references for these measures are set out in
Annex N.

Since the expiry (or “sunset”) provision of the basic Regulation came into force in
1985 (Article 15 of the basic Regulations No 2176/84 and No 2423/88, Article 11(2)
of the current basic Regulation), a total of 301 measures have been allowed to expire
automatically.

An overview of the expiry reviews that were initiated or concluded in 1999 can be
found in Annex G. It should be noted that some expiry reviews are carried out in
parallel with interim reviews, which will allow the amendment of the duty rates.

72

These reviews are marked specifically in the annexes. This section of the report gives
a summary of each of these cases.

7.2.1.

Expiry reviews initiated

7.2.1.1. Ethanolamine from the USA

The notice of initiation of the expiry review was published on 2 February 1999. The
review was initiated following a request lodged by the European Chemical Industry
Council (CEFIC) on behalf of the Community industry. The request was supported
by producers representing a major proportion of the total Community production of
ethanolamine. At the same time, the Commission initiated an interim review.

The request was based on the grounds that the expiry of the measures would be likely
to result in the continuation or recurrence of dumping and injury to the Community
industry. The allegation of continuing dumping was based on a comparison of
normal value established on the basis of domestic prices in the USA with the export
prices of the product concerned to the Community. On this basis, the dumping
margins were significant. It was further alleged that export prices were likely to
decrease if the measures in the form of a variable duty were allowed to lapse and
thus dumping would increase further.

With regard to the continuation and likelihood of injury, the complainant alleged and
provided evidence that imports from the USA have continued to increase in absolute
terms and in terms of market share after the imposition of the existing measures
preventing the Community industry to absorb cost
increases of the main raw
materials and to re-establish its profitability. It was further argued that US producers
had expanded their capacities with a continuing trend while domestic demand in the
US remained relatively stable and anti-dumping duties had been imposed on the US
product in an important third export market giving room for excess production likely
to be redirected to the Community at decreasing prices and to aggravate the injury
suffered by the Community industry.

In view of the allegation of changed circumstances and the likelihood of increased
dumping and injury after expiry of the measures, the Commission considered it
appropriate to initiate a review pursuant
to Article 11(2) and (3) of the basic
Regulation.

7.2.1.2. Fluorspar from the People's Republic of China

The notice of initiation of the expiry review was published on 4 March 1999. The
expiry review was initiated following a request lodged by Eurométaux on behalf of
the Community industry.

The complainant alleged that if the measures were to expire, the already low prices
of Chinese exports would be likely to fall further and to have an additional negative
impact on the Community industry's prices and profits given that fluorspar is a
commodity product.

The Commission also decided to initiate, ex officio, an interim review limited to the
form of the measures.

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7.2.1.3. Potassium chloride from Belarus, Russia and Ukraine

The notice of initiation of the expiry review was published on 23 March 1999. The
proceeding was initiated following a request lodged by the European Association of
Potash Producers (APEP) on behalf of the Community industry. The complaint was
supported by all four Community potash producers. The Commission also decided,
on its own initiative, to initiate an interim review, limited to the form of the measures
in view of the specific form of the existing measures i.e. a combination of a
minimum price and a fixed duty.

The review request contained evidence that the expiry of the existing measures
would lead to the continuation or recurrence of injurious dumping.

It was alleged that potash from the concerned countries was being sold for inward
processing, which is not subject to anti-dumping measures, at dumped prices in the
Community and at very low prices in neighbouring countries. The supporting
evidence also showed the existence of a large spare capacity in the relevant countries
that risked being sold on the Community market at dumped prices.

The applicant also provided evidence in support of
the
continuation or recurrence of dumping would result in price erosion and cause injury
to a Community industry with a precarious profit situation that has recently invested
heavily.

the allegation that

7.2.1.4. Silicon carbide from the People's Republic of China, Russia and Ukraine

The notice of initiation of the expiry review was published on 10 April 1999. The
proceeding was initiated following a request lodged by CEFIC (Conseil européen des
fédérations de l'industrie chimique) on behalf of Community producers representing
the totality of Community production of silicon carbide.

The request was based on the grounds that the expiry of the measures would be likely
to result in the continuation or recurrence of dumping and injury to the Community
industry. First, imports in the Community of silicon carbide originating in the
People's Republic of China, the Russian Federation and the Ukraine would appear to
have remained at dumped prices, in spite of the measures in force. Moreover, exports
to other unprotected markets, such as the United States of America and the Czech
Republic, were also alleged to have been made at dumped prices, with even higher
dumping margins.

It was further alleged that the production capacity would largely exceed the domestic
demand, which would have a downward effect on prices to the Community if
the
measures were allowed to expire. Finally,
combination of dumped prices with an increase in import volumes due to the unused
domestic production capacity, would inevitably lead to a recurrence of injury and
thus threaten the continuation of the production activity of the remaining Community
industry.

the applicant submitted that

7.2.1.5. Television camera systems from Japan

The notice of initiation of the expiry review was published on 30 April 1999. The
lodged by Philips Digital Video
proceeding was initiated following a request

74

Systems and Thomson Broadcast Systems, representing 100% of the Community
production of television camera systems.

The request was based on the grounds that the expiry of the measures would be likely
to result in the continuation or recurrence of dumping and injury to the Community
industry.

The applicant Community industry pointed out that during the period of imposition
of the measures, Japanese producers tried constantly to circumvent the measures by
absorption practices, by assembly operations in the European Community and by
exporting at dumped prices from other locations, and thus to maintain or increase
their market share. Therefore, it was most likely that dumping in the European
market should be to recur, should measures in force expire.

Furthermore, during the investigation in the above-mentioned circumvention
investigation, it was found enough evidence that imports of Japan are still dumped,
which led to the initiation of an investigation concerning the imports of television
camera system parts and elements.

It was also likely that, should the measures lapse, the current import levels from
Japan would rise considerably.

As regards the recurrence of injury, the Community industry claims that although its
situation stabilised after imposition of the measures, this stabilisation has only taken
place at a level which allows the industry to recover its cost, due to the pressure from
absorption and circumvention practices. The present situation of the Community
industry could only be maintained as a result of anti-dumping measures in force
against Japan, which are currently subject to other anti-dumping investigations.

This argument was reinforced by the fact that the Community industry lost 20% of
its market share between 1994 and 1998, while imports of television camera systems
from the USA produced by a related company to a major Japanese producer raised
from 0 to 30% during the same period. Finally,
the
Community industry needs to at least maintain its current market share in order to
survive, due to the fact that production volume has an important effect on the cost.

the applicant stated that

7.2.1.6. Magnetic disks (3,5" microdisks) from Hong Kong and the Republic of Korea

The notice of initiation of the expiry review was published on 9 September 1999.
The proceeding was initiated following a request
lodged by the Committee of
European Diskette Manufacturers (Diskma) on behalf of the Community industry.
The complaint was supported by a total of five companies.

By Council Regulation (EC) No 2199/94 of 9 September 1994, a definitive anti-
dumping duty was imposed on imports of microdisks originating in Hong Kong and
the Republic of Korea. Imports of microdisks originating in the Republic of Korea
became subject to an anti-dumping duty of 8,1%. Duties ranging between 6,7% and
27,4% were imposed on imports from Hong Kong.

The request alleged that imports from Hong Kong and the Republic of Korea were
being made at significantly dumped prices, based on a comparison of constructed
normal values in these two countries with the constructed export prices to the

75

Community of the product concerned, and that they would continue to be dumped,
should the measures be repealed.

With regard to injury, it was alleged that production, which was relocated after the
imposition of the anti-dumping duties, could easily be shifted back to Hong Kong
and the Republic of Korea. It was further alleged that the export prices from the two
countries were below the price level
there was
widespread overcapacity in Hong Kong and the Republic of Korea. Therefore,
should the measures be allowed to lapse, this would lead to increased exports at
dumped prices, thereby depressing price levels in the Community and worsening the
situation of the Community industry.

in the Community and that

7.2.1.7. Potassium permanganate from the People's Republic of China

The notice of initiation of the expiry review was published on 11 November 1999.
The review was initiated following a request lodged by the European Chemical
Industry Council (CEFIC) on behalf of the Community industry. The request was
supported by producers representing the totality of Community production of
potassium permanganate.

The request was based on the grounds that the expiry of the measures would be likely
to result in the continuation or recurrence of dumping and injury to the Community
industry. The applicant alleged that Chinese exports to other third countries have
continued to be made at substantial dumping margins and that the reduction of
Chinese exports to the Community following the introduction of the existing
measures is corroborating the fact that these exports are not able to penetrate the
Community market at non-dumped prices.

In view of the fact that normal value for the People’s Republic of China will be
examined on the basis of the rules set out in Article 2(7)(a) of the basic Regulation,
the complainant proposed to base the calculation of dumping on a comparison of a
constructed normal value in the USA with the respective export prices to the
Community.

The applicant further claimed that the expiry of the measures would be likely to
result in renewed injury given the existence of spare Chinese capacity which, with
other markets subject to import duties, including anti-dumping measures, would most
likely be channelled to the Community. Moreover, it was alleged that any recurrence
of substantial imports from China would impair the process of recovery of the
Community industry which has been generated by the measures imposed with
respect to India and Ukraine.

7.2.1.8. Urea ammonium nitrate solution (UAN) from Poland

The notice of initiation of the expiry review was published on 21 December 1999.
The proceeding was initiated following a request from the European Fertiliser
Manufacturers Association (EFMA) on behalf of producers representing a major
proportion of the Community industry.

By Council Regulation (EC) No 3319/94 of 22 December 1994, a definitive anti-
dumping duty was imposed on imports of urea ammonium nitrate solution (UAN)
originating, inter alia, in Poland. The duty took the form of a minimum import price
or a specific duty.

76

The request for the review alleged that, although imports from Poland had practically
ceased, Polish exports to third countries appeared to be substantially dumped. This,
in conjunction with significant unutilised production capacity (representing almost
30% of the entire Community consumption), suggested that there was a strong
likelihood of dumping recurring should the measures be repealed.

At the same time, the Commission also opened ex officio an interim review.

7.2.2.

Expiry reviews concluded

7.2.2.1. Magnesium oxide from the People's Republic of China

On 21 June 1999, the Council imposed a definitive anti-dumping duty on imports of
magnesium oxide originating in the People's Republic of China. This followed an
investigation that had been initiated following a request lodged by Eurometaux on
behalf of the Community Industry to review the measures in force pursuant to Article
11(2) of the basic Regulation. Accordingly, the investigation examined whether there
were grounds for concluding that, in the absence of measures, there was a likelihood
of a continuation or recurrence of dumping and injury.

The investigation showed that the price of the Chinese magnesium oxide, which
continued to be imported in substantial volumes in the Community, was still dumped
and at a level lower than the Community industry prices. The existence of huge raw
material reserves in the exporting country and the big capacity to exploit these
reserves suggested that the volume of imports was likely to increase should the
measures be allowed to lapse. Furthermore, Chinese export prices to the Community,
were close to the minimum price based duties, suggesting that these had had an effect
on the price behaviour of the exporters, whilst export prices to other major markets
i.e. the USA where no anti-dumping measures existed, were considerably lower.
Furthermore, the investigation confirmed that in view of the levy of a significant
export tax, Chinese exporters potentially export at prices, which are significantly
lower than the minimum price variable duties.

As far as the Community industry is concerned, the continued price pressure exerted
by the dumped imports had prevented it from fully recovering from the previous
injury, although its economic situation had improved in some areas. Nevertheless, it
was considered still vulnerable to injurious dumping.

the Community interest
Furthermore,
impact on magnesium oxide users was rather limited.

investigation suggested that

the negative

From the above, it was concluded that if measures were allowed to lapse, dumping
and injury were likely to continue and recur and therefore measures should be
maintained.

7.2.2.2. Synthetic fibres of polyester from Taiwan

On 29 July 1999, the Council imposed a definitive anti-dumping duty on imports of
synthetic fibres of polyester originating in Taiwan. The investigation was initiated on
22 October 1997, following a request by the “International Rayon and Synthetic
Fibres Committee” on behalf of the Community industry to review the measures in
force, pursuant to Article 11(2) of the basic Regulation. The request was based on the

77

grounds that the expiry of the measures was likely to result in the continuation or
recurrence of dumping and injury.

Two exporting Taiwanese producers covered virtually the total of Taiwanese exports
to the Community and were found to import at significant dumping margins. On the
basis of their pricing policy, it was concluded that dumping would continue or even
increase if the measures were removed. A similar conclusion was arrived at for two
Taiwanese companies for which exports to third countries were the majority of their
sales volume and which were found to make those exports at dumped prices.

Despite a certain upward price pressure of the anti-dumping measures in force, the
exporting producers’ price undercutting level remained important, while the volume
of imports and the Taiwanese market share increased significantly. The Community
industry suffered significant price pressure and its financial results showed a
downward trend coinciding with the increased presence of imports from Taiwan,
which filled the vacuum left by imports from Belarus on which definitive anti-
dumping measures were imposed in 1996.

During the Community interest
investigation, no arguments were submitted by
interested parties which would lead to the conclusion that there were compelling
reasons not to maintain the measures in force.

It was therefore concluded that if measures were allowed to lapse, dumping and
injury were likely to continue and to recur and that measures should be maintained.

7.2.3.

Expiry reviews terminated

7.2.3.1. Ferro-silicon from Egypt and Poland

By Council Regulation (EEC) No 3642/92, anti-dumping duties of 32% on imports
of ferro-silicon originating in Egypt and Poland had been imposed. In April 1997, the
complainant in the original investigation, the Liaison Committee of the Ferro-Alloy
industry (Euroalliages) requested an expiry review under Article 11(2) of the basic
Regulation. The notice of initiation was published on 4 July 1997. An investigation
was carried out covering the period 1 July 1996 to 30 June 1997.

Other measures concerning imports of ferro-silicon originating in Kazakhstan,
Russia, Ukraine, Norway, Iceland, Brazil, Venezuela, China and South Africa were
in force during the investigation period.

Dumping

In view of the findings below on the likelihood of a recurrence of injury, no formal
finding on dumping was made.

Community industry

The investigation has shown that the product concerned had not changed. Due to the
measures in force, the situation of the Community industry had recovered: the market
share of the Community industry was 16,1% in the investigation period compared to
13,6% in 1993, the Community industry's prices had increased by 28%, and turnover
by 53% while the average profitability level was 12,2%. It was concluded that the
Community industry was no longer suffering injury.

78

It was also established that imports from Egypt and Poland taken together remained
significant and were made at prices slightly undercutting those of the Community
industry during the investigation period, but were well above the non injurious prices
established in the original investigation.

Recurrence of injury

Because the Community industry was not suffering injury during the investigation
period, no dumping finding was made. The possible recurrence of injury was
examined.

As regards Egypt, it was assessed that capacity utilisation was very high, that the
Community share of Egyptian exports had fallen from 68% in 1995 to 45% and that
the market share of Egyptian imports was small (1,8% in the investigation period).
As there was no plans to expand capacity in Egypt, the threat of recurrence of injury
from Egyptian exports was judged minor.

In Poland, there was one exporting producer whose capacity utilisation was 93%
during the investigation period. The Community represented 45% of its sales (i.e.
4,8% of all Community imports of ferro-silicon). The Commission examined the
possibility of a change in the distribution of the Polish exporting producer and
especially a possible collapse in domestic demand due to the restructuring of the
Polish steel industry prior to any accession to the EU. It was found that this was not
expected to happen, because production statistics were showing a steady rise in steel
production in Poland. Neither was it expected that exports to non-Community
countries would be redirected to the Community market in the absence of measures
because they were done at prices slightly above prices to the Community. It was
concluded that Polish exports to the Community were not expected to further
increase in the near future.

It was therefore concluded that it was unlikely that the Community market for ferro-
silicon would be affected by exports from Egypt and Poland to an extent that injury
would re-occur and therefore measures against imports from these countries were
allowed to elapse.

7.2.3.2. Synthetic fibres of polyester from the Republic of Korea

On 29 July 1999, the Council terminated the proceeding in respect of imports of
synthetic fibres of polyester originating in the Republic of Korea. The investigation
was initiated on 22 October 1997, following a request by the “International Rayon
and Synthetic Fibres Committee” on behalf of the Community industry to review the
measures in force, pursuant to Article 11(2) of the basic Regulation. The request was
based on the grounds that the expiry of the measures was likely to result in the
continuation or recurrence of dumping and injury.

The measures under review were based on dumping margins established in the
previous investigation which, at the exception of the residual dumping margin, would
be considered de minimis under the current basic Regulation. The level of the
original margins was low and that situation did not change. Indeed, in the current
investigation, the weighted average dumping margin, expressed as a percentage of
the CIF Community frontier import price, was 1,8%.

79

No indication was found that the removal of the measures in force would lead to a
there was no likelihood of
change in this situation and it was concluded that
recurrence of dumping.

Since a continuation of protective measures was considered unnecessary,
proceeding was terminated.

the

7.3.

Interim reviews

Article 11(3) of the basic Regulation provides for the review of measures during their
period of validity on the initiative of the Commission, at the request of a Member
State or, provided that at least one year has elapsed since the imposition of the
definitive measure, following a request containing sufficient evidence by an exporter,
an importer or by the Community producers. In carrying out the investigation, it is
being considered, inter alia, whether the circumstances with regard to dumping and
injury have changed significantly. Reviews can be limited to dumping or injury
aspects.

In 1999, 15 interim reviews were initiated under Article 11(3) of Council Regulation
(EC) No 384/96.

An overview of these reviews can be found in Annex H. This section of the report
gives a summary of each of these cases.

7.3.1.

Interim reviews initiated

7.3.1.1. Ethanolamine from the USA

The notice of initiation of the interim review was published on 2 February 1999, in
parallel with the initiation of an expiry review. The review was initiated following a
request lodged by the European Chemical Industry Council (CEFIC) on behalf of the
Community industry. The request was supported by producers representing a major
proportion of the total Community production of ethanolamine.

The grounds for the interim review were based on the producers' allegation of
changed circumstances whereby the expiry of the measures would result in increased
dumping and injury. Further details on the investigation can be found under 7.2.1.1.

7.3.1.2. Fluorspar from the People's Republic of China

The notice of initiation of the interim review was published on 4 March 1999. At the
same time, the Commission initiated an expiry review following a request lodged by
Eurométaux on behalf of the Community industry (see point 7.2.1.2.).

The grounds for the interim review were based on the applicant's allegation that the
effectiveness of the measures to remove injury could also be due to the form of the
duty, i.e. the minimum import price.

The interim review was limited to the issue of whether the form of the duties should
be adapted in order to ensure the effectiveness of the measures.

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7.3.1.3. Personal fax machines from Japan and Singapore

The notice of initiation of the interim review was published on 6 March 1999.

The decision to initiate this review was based on a Commission declaration before
the Council, made during the discussion regarding the approval of the definitive
measures. In this declaration, the Commission pledged to re-examine the existing
measures concerning Japan and Singapore if the exporters concerned would submit
evidence showing that the volume of the imports concerned into the Community was
not such as to contribute substantially to the injury suffered by the Community
industry.

On the basis of preliminary information received from several producers/exporters in
the countries concerned,
there were sufficient
grounds to exceptionally warrant the initiation of an early interim review of the
existing measures concerning Japan and Singapore.

the Commission considered that

7.3.1.4. Seamless pipes and tubes of iron or non-alloy steel from Russia

The notice of initiation of the interim review was published on 13 March 1999. The
proceeding was initiated following a request from Russian exporters of seamless
pipes and tubes for the Commission to accept an offer of an undertaking from them.

By Council Regulation (EC) No 2320/97 of 17 November 1997, a definitive anti-
dumping duty of 26,8% ad valorem was imposed on imports of certain seamless
pipes of iron or non-alloy steel originating, inter alia, in Russia.

At the time of the original investigation, some Russian exporters had offered an
undertaking that was not accepted by the Commission as it did not contain the
necessary guarantees on the part of the Russian authorities to allow adequate
monitoring. However, the above-mentioned regulation provided for the anti-dumping
measures in respect of Russia to be modified if ever there were a change in
circumstances such that the conditions for the acceptance of an undertaking were
met.

The Russian authorities subsequently came forward and provided the Commission
with what appeared to be sufficient guarantees to allow for the adequate monitoring
of an undertaking. Consequently, the Russian exporters requested the Commission to
accept such an undertaking, and a review, limited in scope to the examination of the
acceptability of an undertaking from the Russian exporters concerned, was opened
accordingly.

7.3.1.5. Potassium chloride from Belarus, Russia and Ukraine

The notice of initiation of the interim review was published on 23 March 1999. It
was initiated on the Commission's own initiative and is limited to the form of the
measures in view of the specific form of the existing measures i.e. a combination of a
minimum price and a fixed duty.

An expiry review proceeding was initiated in parallel following a request lodged by
the European Association of Potash Producers (APEP) on behalf of the Community
industry. Further details can be found under 7.2.1.3.

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7.3.1.6. Polyester textured filament yarn (PTY) from Taiwan

The notice of initiation of the interim review was published on 21 May 1999. The
interim review of the definitive anti-dumping duty imposed by Council Regulation
(EEC) No 3905/88 as amended by Regulation (EC) No 1074/96 on imports of PTY
in Taiwan was initiated following a request by LeaLea
originating,
Enterprise Co., Ltd. a Taiwanese exporting producer of PTY subject to the anti-
dumping measures in force. The request is limited in scope to the examination of
dumping as far as the applicant is concerned.

inter alia,

The applicant’s request was based on the grounds that a review of the measures
would be likely to result in a repeal or a reduction of the current anti-dumping duty
applicable to it.

The applicant’s request contained sufficient prima facie evidence showing that
circumstances, on the basis of which the measures in force were established, have
changed and that this change is ongoing. The applicant alleged that these changed
circumstances have led to a considerable reduction of its normal value and an
increase of its export price so that the continued imposition of the measures to it is no
longer necessary to counteract dumping.

7.3.1.7. Microwave ovens from the Republic of Korea

The notice of initiation of the partial interim review of the anti-dumping measures
applicable to imports of microwave ovens originating in the Republic of Korea was
published on 15 June 1999 following a satisfactory request made pursuant to Article
11(3) of the basic Regulation by the Korean exporting producer, LG Electronics Inc.

The request was limited in scope to an examination of whether the continued
imposition of the duty at its current level was necessary to offset dumping for the
company concerned.

The notice initiating the review investigation also invited other exporting producers
in Korea that wished to have their rates of anti-dumping duty reviewed to contact the
Commission and provide sufficient evidence that the continued imposition of the
measure imposed against them at the current level was no longer necessary to offset
dumping.

In this regard, only one other Korean company, namely Daewoo Electronics Co. Ltd,
requested to be included in the review and provided sufficient prima facie evidence
of changed circumstances. Accordingly, the company was admitted to the review
proceeding.

The investigation is ongoing.

7.3.1.8. Magnetic disks (3,5" microdisks) from Taiwan

The notice of initiation of the interim review was published on 26 June 1999. The
proceeding was initiated following a request from CIS Technology Inc., a Taiwanese
company which said it produced and sold for export to the Community the product
concerned.

82

The request contained sufficient prima facie evidence that a significant change in
circumstances had taken place, the alleged effect of which was that the applicant’s
exports to the Community were no longer made at dumped prices. It was argued that,
since the original period of investigation, structural changes had occurred in the
Taiwanese market for the product concerned, resulting in a considerable growth of
domestic demand and supply, increased competition, and substantial depression of
domestic market prices, and that these changes are of a lasting nature. In this context,
the applicant claimed to have considerably increased its domestic sales of the product
concerned and to have eliminated the differential between its domestic and export
prices.

As the applicant did not submit any request concerning changed circumstances with
regard to injury, the review is limited to dumping.

7.3.1.9. Tube or pipe fittings, of iron or steel from Thailand

The notice of initiation of the interim review was published on 22 July 1999. The
review was initiated following a request made by BKL Fittings Ltd. an importer, and
by its related Thai supplier, Thai Benkan Co., LTD.

The applicant claimed and provided evidence of changed circumstances resulting in a
reduction of his normal value and an increased its export price to the extent that the
continued imposition of the measures to counteract dumping is no longer necessary.
The request is limited in scope to the examination of dumping.

7.3.1.10.Polyester textured filament yarn (PTY) from Malaysia

The notice of initiation of the interim review was published on 30 July 1999. The
interim review was initiated following a request by Hualon Corporation (M)
Sdn.Bhd., a Malaysian exporting producer of PTY subject
to the anti-dumping
measures in force. The request is limited in scope to the examination of dumping as
far as the applicant is concerned.

The applicant’s request was based on the grounds that a review of the measures
would be likely to result in a repeal or a reduction of the current anti-dumping duty
applicable to it.

The applicant in its request for an interim review submitted sufficient prima facie
evidence showing that circumstances on the basis of which the measures in force
were established have changed and that these changes are of a lasting nature. The
applicant alleged that these changed circumstances have led to a stable or slightly
reduced normal value for the product concerned and a considerable increase of its
export price so that the continued imposition of the measures to it is no longer
necessary to counteract dumping.

7.3.1.11.Bicycle parts from the People's Republic of China

Regulation (EEC) No 2474/93 imposed definitive anti-dumping duties on bicycles
originating in the People's Republic of China. Following an anti-circumvention
investigation, the Council extended, by Regulation (EC) No 71/97 the anti-dumping
duty on imports of bicycles originating in China to imports of, inter alia, bicycle
frames, forks and complete wheels originating in China.

83

On 5 November 1999,
three proceedings were initiated concerning imports of
frames, forks and complete wheels of bicycles originating, inter alia, in the People's
Republic of China. An interim review was opened at the same time because, in the
event of measures being imposed on bicycle frames, forks and complete wheels, the
continued extension of the measures imposed by Regulation (EEC) No 2474/93 to
the above bicycle parts would no longer be appropriate, and Regulation (EC) No
71/97 would have to be amended or repealed accordingly.

7.3.1.12.Urea ammonium nitrate solution from Poland

By Council Regulation (EC) No 3319/94 of 22 December 1994, a definitive anti-
dumping duty was imposed on imports of urea ammonium nitrate solution
originating, inter alia, in Poland. The duty took the form of a minimum import price
or a specific duty.

limited to the form of the measures,

A notice of initiation of an expiry review was published on 21 December 1999 (see
point 7.2.1.8). At the same time, the Commission also opened ex officio an interim
review,
in order to allow their possible
adaptation in the event of a concurrent anti-dumping case concerning imports of urea
ammonium nitrate originating in Algeria, Belarus, Lithuania, Russia, the Slovak
Republic and Ukraine resulting in a form of measures different from the one
currently in force in respect of Polish imports.

7.3.2.

Interim reviews concluded

7.3.2.1. Calcium metal from the People's Republic of China and Russia

On 5 January 1996, the Commission initiated an interim review of the definitive anti-
dumping measures
imposed by Council Regulation (EC) No 2557/94 of
21 October 1994.

The reasons for the interim review were that the Council considered it appropriate
that the Commission should undertake a review after one year in view of the specific
circumstances of the market for calcium metal and in particular to examine the
effects of the measures in force on the general development of the market.

After the investigation, the Commission services found that continuation of the
imposition of measures was warranted in view of the general development of the
market for calcium metal. On 9 April 1999, the Council imposed reduced anti-
dumping duties of 59,6% for China and 59,5% for Russia through the publication of
Council Regulation (EC) No 733/99. The decrease in duty rate is due to a downward
adjustment resultinf from a fall in production costs of the Community industry.

7.3.2.2. Salmon (AD/AS) from Norway

On 22 December 1998, the Commission initiated, ex officio, an interim review of the
form of the anti-dumping and countervailing duties imposed on imports of farmed
Atlantic salmon.

The investigation confirmed that the downward market price pressure towards an
injurious level, which had been noted by the Commission, was caused, to a large
extent, by Norwegian exporters that were not bound by price undertakings. It was
established that these exporters had started to sell salmon to the Community during

84

the second semester of 1998 at prices below the non-injurious price level, even after
payment of the anti-dumping and countervailing duties. To maintain their market
share, other exporters bound by undertakings (and accounting for more than 80% of
exports) would have had to lower their prices to compete with these cheap imports
and consequently violate their undertakings. This situation consequently gave an
unfair advantage to those exporters which had not offered undertakings, or whose
undertakings had previously been withdrawn.

The Community industry, the Norwegian Government and the Norwegian producers
and exporters associations all shared this assessment and by and large agreed that the
measures in place at that time should be reinforced to ensure that salmon could not
be sold at an injurious price level.

Council Regulation (EC) No 772/1999 was therefore published which combined the
existing specific and ad valorem duties with minimum prices for the respective
presentations of salmon (e.g. gutted head-on, gutted head-off etc) thus ensuring that
non-injurious price levels would have to be respected by all imports.

7.3.2.3. Personal fax machines from Japan and Singapore

By Regulation (EC) No 904/98, the Council imposed a definitive anti-dumping duty
on imports of personal fax machines originating, inter alia, in Japan and Singapore.

On 6 March 1999, the Commission decided on its own initiative to initiate an interim
review pursuant to Article 11(3) of the basic Regulation.

The decision to initiate the review followed a declaration made by the Commission
and annexed to the Minutes of the Council session of 27 April 1998. The reason for
the declaration was that the investigation showed (respectively) zero or low levels of
price undercutting for Japan and Singapore, and that the market shares of the two
countries had to be assessed on the basis of estimates, due to the absence of sufficient
co-operation. The review has been limited to the issues of the import volumes and
market shares on the Community market.

However, the limited information submitted by the interested parties in the course of
the investigation was not such as to provide evidence for the Commission to depart
from the findings of the original anti-dumping investigation regarding import
volumes and market share for Japan and Singapore.

Under these circumstances, the Commission decided to terminate the anti-dumping
review. The above-mentioned anti-dumping measures remain in force.

7.3.2.4. Ferro-chrome (low carbon) from Kazakhstan, Russia and Ukraine

By Regulation (EEC) No 2717/93, the Council imposed a definitive anti-dumping
duty on imports of ferro-chrome with a carbon content by weight of maximum 0,5%
originating in Kazakhstan, Russia and Ukraine.

On 2 October 1998, the Commission initiated, on its own initiative, a review
pursuant to Article 11(3) of the basic Regulation, together with an expiry review (see
point 7.2.1.following a request of the Community industry. The interim review was
limited to the clarification of the product coverage of the measures, as they did not
specify the minimum chromium content of the product investigated.

85

In application of notes 1(c) and 1(g) of Chapter 72 of the Combined Nomenclature,
certain products having a chromium content of more than 10% are also classifiable in
CN codes 7202 49 10 and 7202 49 50 and are, hence, subject to the above-mentioned
anti-dumping duty.

However, in the course of the interim review investigation, it was established that
low carbon ferro-chrome obtained from alloy steel scrap with a chromium content up
to 30% differs significantly from the product investigated in several respects. These
is obtained from
differences are,
different ingredients, that its chromium content as well as its price is considerably
lower than that of the product investigated, and that it can only be used in the first
stage of stainless steel production, i.e. for the preparation of the primary crude alloy
steel melt.

the low chromium product

in particular, that

It was therefore concluded that imports of ferro-chrome with a carbon content by
weight of maximum 0,5% with a chromium content lower than 30% should not be
included in the product covered by the measures. In other words, the product covered
by the definitive anti-dumping measures against imports originating in Kazakhstan,
Russia and Ukraine is ferro-chrome with a carbon content of maximum 0,5% and a
chromium content by weight of 30% and more.

It was also considered appropriate that the findings be applied from the date of the
entry into force of the definitive Regulation,
i.e. 2 October 1993. The review,
however, does not affect the date on which Regulation (EC) No 2717/93 will expire.

7.3.2.5. Magnetic disks (3,5" microdisks) from Japan, Taiwan, the People's Republic of

China, Hong Kong, the Republic of Korea, Malaysia, Mexico, U.S.A. and Indonesia

A request for an interim review of Regulation (EEC) No 2861/93 by which the
Council imposed definitive anti-dumping duties on imports of certain magnetic disks
in Japan was received from Sony
(3,5" microdisks) originating,
initiated on
Corporation and Fuji Photo Film Co Ltd. The review was
17 December 1998.

inter alia,

the new generation of 3,5" microdisks with storage
The request claimed that
capacities of more than 120 megabytes, and based on different technologies, could
not be considered to form a single product with conventional 3,5" microdisks.

Several measures were currently in force imposing definitive anti-dumping duties on
3,5" magnetic disks originating in Japan, Taiwan, the People’s Republic of China,
Hong Kong, the Republic of Korea, Malaysia, Mexico, the United States of America
and Indonesia. All these measures were taken into account for the review.

The investigation showed that a clear dividing line exists in term of physical and
technical characteristics between conventional and higher capacity 3,5" microdisks.
The latter represent a leap in technology, their physical characteristics are different as
well as the equipment needed to use them being different from those of conventional
3,5" microdisks.

It was concluded that all 3,5" microdisks with capacities of 120 Megabytes or more
and which incorporate either the magnetic servo tracking technology or the optically
continuous servo tracking technology should be excluded from the scope of the

86

measures in force with effect from the date of publication of the notice of initiation
of the review.

The Regulations (EEC) No 2861/93, (EC) No 2199/94, (EC) 663/96, (EC) 1821/98
and (EC) No 1335/1999 imposing definitive measures were amended accordingly.

7.3.2.6. Furfuraldehyde from the People's Republic of China

A request for an interim review of the measures imposed by Council Regulation (EC)
No 95/95 on imports of furfuraldehyde originating in the People's Republic of China
was lodged by a Chinese exporter, the China National Chemical Import and Export
Corp. (Sinochem) pursuant to Article 11(3) of the basic Regulation. The review was
initiated on 24 July 1997.

The main grounds for the review application were based on the allegations that, due
to the increase in prices of imports originating in China, an anti-dumping duty was
no longer necessary to offset dumping. Furthermore, a substantial change in the
structure of the Community industry had occurred as a result of the appearance (after
the accession of Austria) of a new Community producer, which improved the overall
situation of the Community industry.

The investigation showed that the alleged changes in circumstances of dumping and
injury were not supported by the findings. It was therefore concluded by Council
Regulation (EC) No 2722/1999 of 17 December 1999 that measures should be
maintained in their present form and at their present level.

It was considered, however, that the duration of the reviewed measures should be
limited to four years, taking into account the fact that the normal twelve-month
period for completion of the investigation was exceeded due to the numerous
difficulties encountered in establishing the findings.

7.4.

Newcomer reviews

Article 11(4) of the basic Regulation allows for a review to be carried out in order to
determine individual margins of dumping for new exporters in the exporting country
in question which did not export the product during the investigation period.

Such parties have to show that they are genuine new exporters, i.e. that they are not
related to any of the exporters or producers in the exporting country, which are
subject to the anti-dumping measures, and that they have actually exported to the
Community following the investigation period, or that they have entered into an
irrevocable contractual obligation to export a significant quantity to the Community
(newcomer or new exporter review).

When a review for a new exporter is initiated, the duties are repealed with regard to
that exporter, though its imports are made subject to registration under Article 14(5)
in order to ensure that, should the review result in a determination of dumping in
respect of such an exporter, anti-dumping duties may be levied retroactively to the
date of the initiation of the review.

An overview of these reviews can be found in Annex I. This section of the report
gives a summary of each of these cases.

87

In 1999, 1 newcomer review was initiated. Since the Commission carried out the first
review of this type in 1990, a total of 22 investigations have been initiated.

7.4.1. New exporter reviews initiated

7.4.1.1. Handbags (leather) from the People's Republic of China

A Commission Regulation initiating a review of
the anti-dumping measures
applicable to imports of leather handbags originating in the People’s Republic of
China in respect of five new exporters was published on 23 January 1999.

7.4.2. New exporter reviews concluded

7.4.2.1. Polyethylene/polypropylene sacks and bags from India

By Regulation (EC) No 1950/97, the Council imposed, inter alia, a definitive anti-
dumping duty of 36,0% on imports of sacks and bags made of polyethylene or
polypropylene originating in India.

On 17 April 1998, the Commission initiated a new exporter review following the
receipt of applications from 4 Indian exporters. The review was limited to the scope
of dumping.

Based on the findings of the investigation, the Commission considered that imports
into the Community of sacks and bags produced and exported by the companies
concerned should not be subject to an anti-dumping duty. The above-mentioned
regulations was amended accordingly.

7.4.2.2. Magnetic disks (3,5" microdisks) from Indonesia

This newcomer review was initiated in October 1998 by Commission Regulation
(EC) No 2152/98.

Because of the company’s lack of co-operation, the Commission was unable to
establish whether the company was indeed a newcomer or to calculate the level of
dumping, and findings were therefore made in accordance with Article 18(1) of the
basic Regulation. Accordingly, it was concluded that imports into the Community of
certain magnetic disks (3,5” microdisks) produced and exported by the company PT
Betadiskindo Binatama should be subject to the country-wide duty (41,1%) imposed
by Council Regulation (EC) No 1821/98 and that that rate of duty should therefore
be re-imposed.

The review was terminated by Council Regulation 1335/1999 of 21 June 1999.

7.5.

Absorption investigations

The possibility of "absorption" reviews, which deal with situations where the
exporters directly or indirectly bear the cost of the duty and thereby increase the
dumping margin without
in resale prices, was
incorporated into the basic Regulation of 1988 under Article 13(11), and is now
included in Article 12 of Regulation (EC) No 384/96.

leading to sufficient movement

In 1999, 4 new investigations were initiated.

88

An overview of these investigations can be found in Annex J. This section of the
report gives a summary of each of these cases.

7.5.1.

Anti-absorption investigations initiated

7.5.1.1. Ring-binder mechanisms from the People's Republic of China

The notice of initiation of the anti-absorption investigation was published on 19
January 1999. The review was initiated following a request lodged on behalf of
ring-binder mechanisms
Community producers whose
constitutes a major proportion of the total Community production of that product.

collective output of

The request was based on the grounds that the resale and subsequent selling prices in
the European Community of the product under consideration do not adequately
reflect the level of the anti-dumping measures imposed. It was also argued that in
major Community markets, exporters discounted their prices immediately after the
imposition of measures by 15% to 30% compared to the prices prevailing during the
period of the original investigation. It was further alleged that
the insufficient
movement of resale and subsequent selling prices after the imposition of measures
has led to the continued erosion of prices obtained by the Community industry.

In view of the above allegations, the Commission considered that there was sufficient
information to justify the initiation of a review pursuant to Article 12 of the basic
Regulation.

7.5.1.2. Stainless steel fasteners & parts thereof from Malaysia and Thailand

The notice of initiation of the anti-absorption investigation was published on 6 May
1999. The proceeding was initiated following a request lodged by the European
Industrial Fasteners Institute (EIFI), on behalf of Bulnava srl., Inox Viti snc di
Cattinori Enrico e Bruno, Trafilerie e Viterie Italiane (Tevi) srl, Tornillería del Besos
(Torbesa) SA and Ugivis SA, whose combined output constitutes a major proportion
of the Community production of the product concerned.

The complainant submitted sufficient information showing that the anti-dumping
duties imposed on stainless steel fasteners and parts thereof originating in Malaysia
and Thailand have led to no movement, or insufficient movement, in resale prices or
subsequent selling prices in the Community, and that this indicated that the anti-
respective
dumping duties have been borne, wholly or partly, by the
producers/exporters.

The information supplied indicated that the average import price level either did not
change in any significant manner (Thailand), or in some cases, even decreased
(Malaysia), notwithstanding the imposition of the anti-dumping duties. In addition, it
was alleged that the volume of imports into the Community of the product concerned
originating in Malaysia and Thailand increased despite the imposition of the anti-
dumping duties.

7.5.1.3. Magnesium (unwrought, unalloyed) from the People's Republic of China

initiation of

the anti-absorption investigation was published on
A notice of
4 September 1999. The proceeding was initiated following a request lodged by the
Comité de Liaison des Industries de Ferro-Alliages (Euro Alliages) on behalf of the

89

sole known Community producer of unwrought unalloyed magnesium (Pechiney
Electrometallurgie).

The applicant submitted sufficient information showing that the anti-dumping duties
imposed have led to no movement, or insufficient movement, in resale prices or
subsequent selling prices in the Community, and that this indicates that the anti-
dumping duties have been borne, wholly or partly, by the respective producers/
exporters.

The request contained evidence that the resale and subsequent selling prices in the
Community of the product concerned do not adequately reflect the level of the anti-
dumping measures imposed. In addition, it is claimed that following the imposition
of measures, exporters related to Community importers have discounted their prices
to those importers to such an extent that, even after payment of the ad valorem duty,
import prices have remained below the level of the minimum import price, thereby
resulting in continued injury to the Community industry.

7.6.

Circumvention investigations

The possibility of investigations being re-opened in circumstances where evidence is
brought to show that anti-dumping measures are being circumvented was introduced
by Article 13 of the basic Regulation.

Circumvention is defined as a change in the pattern of trade between third countries
and the Community which stems from a practice, process or work for which there is
insufficient due cause or economic justification other than the imposition of the duty.
Assembly operations, whether in the Community or a third country, may fall under
this definition, as stipulated in Article 13. According to this article, anti-dumping
duties may be extended to imports from third countries of like products, or parts
thereof, if circumvention is taking place.

In 1999, the Commission initiated 3 new anti-circumvention investigations. An
overview of these investigations are given in Annex K. This section of the report
gives a summary of each of these cases.

7.6.1.

Anti-circumvention investigations initiated

7.6.1.1. Magnetic disks (3,5" microdisks) from the People's Republic of China and Taiwan

This investigation was initiated on 28 July 1999, following a request lodged by the
Committee of European Diskette Manufacturers (Diskma).

The applicant had provided sufficient prima facie evidence that at least one assembly
operation using parts from the People’s Republic of China and/or Taiwan had started
or substantially increased after to the imposition of the measures, the value of the
Taiwanese and Chinese parts was alleged to constitute 60% or more of the total value
of the parts of the assembled product, and the value added to the parts brought in,
during the assembly or completion operation in the Community, was claimed to be
not greater than 25% of the manufacturing cost. Moreover, it was alleged that the
prices at which microdisks assembled from Chinese and Taiwanese parts were sold
in the Community were lower than the non-dumped level of the export price and that
the circumvention was severely undermining the remedial effects of the existing anti-
dumping duties in terms of the quantities and prices of the assembled like product.

90

7.6.1.2. Tube and pipe fittings of iron or steel from the People's Republic of China

This investigation was initiated on 30 July 1999, following a request lodged by the
Defence Committee of the EEC steel butt-welding fittings industrie on behalf of
producers representing approximately 90% of the Community production.

The request contained sufficent prima facie evidence that the anti-dumping measures
on imports of tube and pipe fittings of iron or steel originating in the People's
Republic of China are being circumvented by imports of the same tube and pipe
fittings transhipped through Taiwan.

7.6.2.

Anti-circumvention investigations concluded

7.6.2.1. Lighters (refillable and non-refillable) from the People's Republic of China

This proceeding was initiated on 8 May 1998, following a request lodged by the
European Federation of Lighter Manufacturers on 24 March 1998.

Firstly, with regard to imports of disposable, non-refillable flint lighters originating
in the People's Republic of China, which, after having been the subject of slight
lighters although in
modifications were declared as refillable or reflintable flint
practical terms they were not, it was found that there had been a change in the pattern
of trade stemming from a practice, process or work for which there was insufficient
due cause or economic justification other than the imposition of the existing duty.
Furthermore, there was evidence that the remedial effects of the duty were being
undermined and there was evidence of dumping in relation to the normal values
previously established.

Secondly, with regard to imports of disposable, non-refillable flint
lighters
originating in the People's Republic of China, transhipped via Hong Kong, Macao
and Taiwan respectively, it was found that:

(i)

(ii)

(iii)

the undermining, if any, of the remedial effects of the existing measures was
not considered to be significant for imports from Hong Kong and

for the sole producer in Macao, the parts from the People's Republic of China
constituted less than 60% of the parts of the assembled product, however,

for Taiwan, there had been a change in the pattern of trade stemming from a
practice, process or work for which there was insufficient due cause or
economic justification other
the existing duty.
Furthermore, there was evidence that the remedial effects of the duty were
being undermined and there was evidence of dumping in relation to the normal
values previously established.

than the imposition of

As a result, on 25 January 1999, the Council extended the definitive anti-dumping
duty, imposed by Regulation (EEC) No 3433/91 on imports of gas-fuelled, non-
refillable pocket flint
lighters originating in the People's Republic of China to
imports of certain disposable refillable pocket flint lighters originating in the People's
Republic of China or consigned from or originating in Taiwan and to imports of non-
refillable lighters consigned from or originating in Taiwan. The proceeding was
terminated on the same date with regard to imports of non-refillable lighters
consigned from Hong Kong and Macao.

91

7.6.2.2. Television camera systems from Japan

This proceeding was initiated on 5 June 1998, following a request lodged by Philips
Broadcast Television Systems bv.

In the course of the investigation, by letter dated 17 December 1998, Philips
Broadcast Television Systems bv.
complaint. The
investigation had not brought
to light any considerations showing that such
termination would not be in the Community interest and no comments were received
from interested parties indicating that such termination would not be in the
Community interest.

formally withdrew the

In these circumstances,
provisional measures on 12 February 1999.

the proceeding was terminated without

imposition of

7.7.

Accelerated review investigations

Article 20 of Council Regulation (EC) No 2026/97 on protection against subsidised
imports from countries not members of the European Community stipulates that any
exporter which was not individually investigated during the original investigation for
reasons other than a refusal to co-operate with the Commission, can request an
accelerated review. This enables the Commission to promptly establish an individual
countervailing duty rate for that exporter. The Advisory Committee is consulted and
Community producers are given an opportunity to comment.

An overview of these investigations is given in Annex L. This section of the report
gives a summary of each of these cases.

7.7.1.

Accelerated review investigations initiated

7.7.1.1. Stainless steel bars from India

Subsequent to the imposition of definitive anti-subsidy measures in November 1998,
the Commission received requests for the initiation of an accelerated review of
Regulation (EC) No 2450/98, pursuant to Article 20 of the basic Regulation, from
two Indian producers, Sindia Steels Ltd. and Meltroll Engineering Pvt. Ltd., both
located in Bombay. The investigation was initiated on 23 January 1999.

The companies concerned claimed that they were not related to any other exporters
of the stainless steel bars in India. Furthermore, they claimed that they had not
exported the product concerned during the original period of investigation (l July
1996 to 30 June 1997), but had exported the product concerned to the Community
since then.

7.7.1.2. Stainless steel wire with a diameter of less than 1 mm from India

Subsequent to the imposition of definitive anti-subsidy measures in July 1999, the
Commission received a request for the initiation of an accelerated review of
Regulation (EC) No 1601/99, pursuant to Article 20 of the basic Regulation, from
one Indian producer, Nevatia Steel Ltd., Bombay. The investigation was initiated on
15 September 1999.

92

The companies concerned claimed that they were not related to any other exporters
of the stainless steel wire in India. Furthermore, they claimed that they had not
exported the product concerned during the original period of investigation (l April
1997 to 31 March 1998), but had exported the product concerned to the Community
since then.

7.7.1.3. Stainless steel wire with a diameter of 1 mm or more from India

Subsequent to the imposition of definitive anti-subsidy measures in July 1999, the
the initiation of an accelerated review of
Commission received requests for
Regulation (EC) No 1599/99, pursuant to Article 20 of the basic Regulation, from
two Indian producers, Sindia Steels Ltd. and Nevatia Steel Ltd., both located in
Bombay. The investigation was initiated on 9 October 1999.

The companies concerned claimed that they were not related to any other exporters
of the stainless steel wire in India. Furthermore, they claimed that they had not
exported the product concerned during the original period of investigation (l April
1997 to 31 March 1998), but had exported the product concerned to the Community
since then.

7.7.1.4. Stainless steel bars from India

Following the imposition of definitive anti-subsidy measures in November 1998, the
Commission received a request for the initiation of an accelerated review of
Regulation (EC) No 2450/98 from one Indian producer, Hindustan Stainless Ltd. in
Bombay. The investigation was initiated on 29 October 1999.

This company claimed that it was not related to any other exporters of the stainless
steel bars in India. Furthermore, it claimed that they had not exported the product
concerned during the original period of investigation (l July 1996 to 30 June 1997),
but had exported the product concerned to the Community since then.

7.7.2.

Accelerated review investigations concluded

7.7.2.1. Stainless steel bars from India

Subsequent to the imposition of definitive anti-subsidy measures in November 1998,
the Commission received requests for the initiation of an accelerated review of
Regulation (EC) No 2450/98, pursuant to Article 20 of the basic Regulation, from
two Indian producers, Sindia Steels Ltd. and Meltroll Engineering Pvt. Ltd., both
located in Bombay. A review was opened on 23 January 1999.

The companies concerned claimed that they were not related to any other exporters
of the stainless steel bars in India. Furthermore, they claimed that they had not
exported the product concerned during the original period of investigation (l July
1996 to 30 June 1997), but had exported the product concerned to the Community
since then. This was confirmed by the investigation.

It was concluded that
the companies concerned should be considered as new
exporters in accordance with Article 20 of Regulation (CE) No 2026/97 and thus
individual amounts of subsidy were determined for them. Regulation (EC) No
2450/98 was therefore amended, and the (reduced) duty rates for Sindia Steels Ltd.

93

and Meltroll Engineering Pvt. Ltd of 12% and 5,5% respectively were confirmed and
published on 30 September 1999.

8.

MONITORING OF UNDERTAKINGS

Undertakings are a form of anti-dumping or countervailing measures that
the
Commission accepts if it is satisfied that they can effectively eliminate the injurious
effects of dumping or subsidisation. To achieve this goal, exporters normally pledge
to raise their prices. The price increase necessary results from the investigation's
findings and directly depends on the level of dumping or subsidisation found, or on
the injury elimination level, whichever is the lower. To enable the Commission to
monitor that undertakings are properly respected, parties to undertakings have to
submit regular sales reports, normally every quarter. They also have to provide the
Commission with any other information that is considered necessary, and to allow
verification of such data and information at their premises, even at short notice.

At the beginning of 1999, undertakings accepted from 231 companies were in effect,
covering 15 products originating in 16 different countries. Provisional duties were in
force against 9 exporters which, the Commission had reason to believe, had violated
their undertakings.

In 1999, definitive anti-dumping and/or countervailing duties were imposed on 22
companies following breaches of their undertakings. All these cases related to
imports of farmed Atlantic salmon originating in Norway. Over the same period,
undertakings accepted from 4 companies in 3 cases expired (ammonium nitrate from
Lithuania - 1 company; ferro-silicon from Egypt and Poland - 2 companies; urea
ammonium nitrate solution from Bulgaria - 1 company).

During the course of the year, price undertakings have been accepted from a further 8
companies in 2 new cases (polypropylene binder and baler twine from Poland - 1
company; steel ropes and cables from Hungary, India, Mexico, Poland, South Africa
and Ukraine), and from 12 new exporters in 2 existing cases (farmed Atlantic salmon
originating in Norway - 7 companies; wooden pallets from Poland - 5 companies).
One case in which an undertaking has been accepted from 1 company was under a
"sunset-review" (silicon carbide from Russia).

This brings the total number of undertakings in force at the end of 1999 to 234.

Apart from the significant number of undertakings that the Commission has to
monitor, undertakings accepted over recent years have tended to be more complex in
nature than before. The number of parties can also be very significant, as can the
number of product models or types. In addition, although the current Community
legislation retains the possibility of accepting quantitative undertakings (which are
easier
in practice, purely volume based
undertakings are no longer accepted. The Commission has, however, taken account
of these trends, and allocated additional resources to the monitoring of undertakings
for which it is responsible.

to monitor than price undertakings),

The aim of the Commission's monitoring is to ensure that the undertakings have the
necessary remedial effect and eliminate the injurious dumping and/or subsidisation.
The drafting and negotiation of undertakings is geared to this goal. Contacts with the

94

Community industry are actively sought in order to generate the necessary feed back
from the market, which helps focus the direction monitoring activities take.

In this context, it is considered that whilst the acceptance of an undertaking may have
negative implications for the Community budget, because the imports covered by
the
undertakings are exempted from anti-dumping/anti-subsidy duties,
objective of trade policy measures to generate revenue. The potential impact on the
Community's own resources cannot, therefore, be a decisive factor either for the
acceptance, refusal or withdrawal of undertakings.

is not

it

In 1999, the Commission again conducted numerous verification visits to parties
with undertakings or importers in the Community, and took action in 22 cases of
breach of undertakings. These increased levels of activity led to two cases being
brought
Fresh
First
Marine/Commission; Case T-340/99 Arne Mathisen/Council).

(Case T-178/98,

the Court

Instance

before

of

The Commission also took preventive action to counter an unsatisfactory situation
found on the salmon market at the end of 1998 and, by means of an interim review,
the form of
significantly
the duties which underpin the undertakings was
strengthened. Finally,
to ensure their continued
effectiveness, undertakings require constant policing, an activity, however, which
does not necessarily lead to formal action being taken and published in the Official
Journal.

it should be emphasised that,

Details can be found in Annex M and an overview of all undertakings in force can be
found in Annex P.

9.

REFUNDS

Article 11(8) of the basic Regulation allows importers to request the reimbursement
of anti-dumping duties collected where it is shown that the dumping margin, on the
basis of which duties were paid, has been eliminated, or reduced to a level below the
duty in force.

The Commission continued to reduce the large portfolio of outstanding refund
requests whilst simultaneously dealing with new requests. During 1999, 10 decisions
were adopted covering 21 different applications. Of these decisions, one granted the
complete refund of duties collected, eight granted partial refunds of duties paid and
one decision rejected 12 requests on the grounds that the dumping margin had not
been reduced. A further three requests which had been suspended over a long period
were withdrawn by the applicants following a satisfactory outcome in the national
the European
Courts. One decision was published in the Official Journal of
Communities as it dealt with a specific policy issue. The admissibility and merits of a
further 11 refund cases were also under consideration as the year closed. Two
additional refund requests were lodged during the year.

Further details can be found in Annex R.

95

10.

JUDICIAL REVIEW : DECISIONS BY THE COURT OF JUSTICE/COURT OF FIRST
INSTANCE

10.1. Overview of the judicial reviews in 1999

In 1999, four judgments related to anti-dumping were rendered by the Court of First
Instance (CFI) and none by the Court of Justice. All the judgments were in favour of
the Community Institutions and confirmed the soundness of the practice in the field
of anti-dumping. In addition, as a result of withdrawals, two procedures before the
CFI were closed without judgment.

Six new cases were lodged in 1999 (12 in 1998), five before the CFI and one before
the Court of Justice (Preliminary ruling). One of the cases deals with an anti-subsidy
matter.

This decrease in the number of cases can be interpreted as a sign that the Community
institutions comply not only with the basic Regulations as regards the interested
parties’ rights, but also with the principles asserted by the case law of the Court of
Justice and the CFI.

10.2.

Cases pending

A list of the anti-dumping / anti-subsidy cases before the Court of Justice and the CFI
still pending at the end of 1999 is given in Annex S (20 before the CFI and 4 before
the Court of Justice.). Of these, only one concerns anti-subsidy.

10.3.

New cases

Cases initiated in 1999 deal in particular with the following items:

–

–

–

–

–

–

–

–

The retroactive effect of a regulation following a review14;

The establishment of the existence of material injury and a causal link15;

The allegedly illegal termination of an expiry review16;

Determination of the likely recurrence of an injury17;

Reimbursement of anti-dumping duties (Preliminary ruling18);

The assessment of the like product19;

The application of the anti-dumping provisions of a Europe Agreement20;

The assessment of the violation of an undertaking21;

14

15

16

17

18

19

20

21

T-7/99, Medici Grimm KG v. Council.
T-58/99, Mukand v. Council ; T-104/99, AS Bolderaja & Co v. Council.
T-188/99, Euroalliages v. Commission.
T-188/99, Euroalliages v. Commission.
C-239/99 ; Nachi Europe v. Hauptzollamt Krefeld.
T-104/99, AS Bolderaja & Co v. Council.
T-104/99, AS Bolderaja & Co v. Council.
T-340/99, Arn Mathisen v. Council.

96

10.4.

Judgments rendered by the Court of First Instance

10.4.1. Microwave ovens originating, inter alia, in Thailand

–

Case T-48/96- ACME Industry & Co. Ltd (Acme) v Council: Judgment of
12 October 1999

By Regulation (EC) No 5/96 of 22 December 1995, the Council imposed definitive
anti-dumping duties on imports of microwave ovens originating,
in
Thailand. ACME, the applicant, is a producer of the product concerned and is
incorporated under Thai law. Its products are mainly exported through a related
Japanese company.

inter alia,

The Court dismissed all pleas in law contained in ACME’s application. The main
arguments of the applicant were all related to the assessment of the normal value:

(a) the use of the method described in Article 2(3)(b)(ii) of the basic Regulation22;

(b) the incorporation of a 35% import duty in the calculation of the normal value.

Concerning the argument in (a), the Court first recalled the method provided by
Article 2(3)(b)(ii) and used to determine the constructed normal value. Under this
article, the constructed normal value shall include a reasonable amount for selling,
general and administrative expenses (SG&A). The basic Regulation enumerates data
which must be alternatively used for the calculation of SG&A and concludes that
when none of them is available,
the calculation shall be made on “any other
reasonable basis”. In the present case, the Council applied the latter method while the
applicant alleged that SG&A should have been assessed on the basis of the expenses
and profit incurred by the exporter in Japan. In its judgment, the Court found that the
Community Institutions had not committed any manifest error of appreciation in
deciding first, that information concerning the exporter was not reliable and second,
that the SG&A should be assessed “on any reasonable basis”.

Concerning the argument in (b), the Court rejected the applicant’s claim that it was
ill founded to first raise the Thai manufacturing costs by an added 35% import tax on
raw materials and to subsequently calculate the Korean mark-up (the choice of Korea
in this purpose was also contested by the applicant) on that aggregate basis. In the
opinion of the Court, it was justified to calculate the mark-up on the manufacturing
costs including the import tax, and, moreover, it was not necessary to neutralise the
corresponding increase in the mark-up by the deduction of an amount higher than the
actual value of the import tax.

10.4.2. Gas-fuelled, non refillable pocket

flint

lighters originating in,

inter alia,

the

Philippines

–

Case T-171/97-Swedish Match Philippines Inc. v. Council: Judgment of 20
October 1999

22

Basic Regulation (EC) No 2423/1988.

97

On 3 March 1997, by Regulation (EC) No 423/97, the Council imposed definitive
anti-dumping duties on imports of gas-fuelled, non-refillable pocket flint lighters
originating in, inter alia, the Philippines.

The Court dismissed all of the Applicant's arguments which alleged breaches of
Article 1(1), 3(2), (6) and 20(4) of the basic Regulation.

10.4.3. Ammonium nitrate originating in Russia

–

Case T-210/95 - European Fertiliser Manufacturers’ Association (EFMA) v.
Council: Judgment of 28 October 1999

imposed a
By Regulation (EC) No 2022/95 of 16 August 1995,
definitive anti-dumping duty on imports of ammonium nitrate originating in Russia.
EFMA, the representative of the European fertilizer industry, lodged an application
for annulment of the regulation on the ground that the choice of a 5% profit margin
in calculating the target price was a manifest error of the appraisal of the facts while
it had been found it appropriate to use a profit margin of 10% in a previous regional
case23 concerning the same product.

the Council

The Court of First Instance dismissed the applicant’s claim in all aspects.

In the substance, the Court found that it would have been incompatible with the
former basic Regulation, in particular with Articles 4(1) and 13(3), to assess the
profit margin by reference to the margin necessary to ensure the survival of the
Community industry and/or adequate return on capital. The Court also concluded
that the decision adopted in the regional proceeding was irrelevant in this case on the
ground inter alia that although the product at stake was the same, the period of
investigation and the production costs differed in those two proceedings.

10.4.4. Certain seamless pipes and tubes of Iron or non-alloy steel originating in Hungary,

Poland, Russia, the Czech Republic, Romania and the Slovak Republic

–

Case T-33 & 34/98-Petrotub & Republica v. Council: Judgment of 15
December 1999

By Regulation (EC) No 2320/97, the Council imposed anti-dumping duties of 9,8%
on imports of certain pipes and tubes and non-alloy steel manufactured and exported
to the Community by two Romanian exporters, Petrotub and Republica (the
applicants).

The Court dismissed the application on all grounds as either unfounded or
inadmissible. In doing so, it confirmed the practices of the Institutions concerning the
implementation of Articles 2 and 3 of the basic Regulation, relating respectively to
the calculation of the dumping and the assessment of the injury. The applicants
invoked another plea concerning the interpretation of provisions of the Europe
Agreement in the context of anti-dumping proceedings.

23

Proceedings related to imports of ammonium nitrate from Russia and Lithuania into the UK,
Commission Decision (EC) 94/293).

98

It was argued that the procedure infringed Article 34 of the Europe Agreement with
Romania24. In the applicants' view, the wording of Article 34(3)(b)25 would impose
on the Institutions the strict obligation to inform first the Association Council at the
initiation stage and to refer to it a second time at the provisional stage when the
imposition of anti-dumping duty is planned.

The Court confirmed the Commission's practice stating that, under the Europe
Agreement, there is no obligation, in the sense of its Article 34, on the part of the
Commission to make two formal disclosures to the Association Council before the
imposition of provisional measures. According to the Court, it suffices to inform the
Association Council as soon as the procedure is initiated and to disclose the relevant
facts to it in due time to enable it to seek an acceptable solution for both sides. The
Court found that this requirement was met if the second formal disclosure to the
Association Council occurred no later than 30 days before the adoption of the final
regulation. This finding corresponds to the Commission’s practice so far.

The Court also found that under Article 20 of the basic Regulation, exporters are
entitled to be informed of the assessment made in relation to Community interest. In
the present case, the Court acknowledged that no mention had been made of the
Community interest in the final disclosure to the exporter.

However, the Court considered that the Commission had informed the exporter on
the Community interest through a disclosure at the stage of the provisional measures.
As the assessment of Community interest was unchanged in the definitive regulation,
the incompleteness of the final disclosure as regards the Community interest, did not
render the definitive regulation unlawful in this case.

11.

ANTI-DUMPING AND ANTI-SUBSIDY INVESTIGATIONS OF THIRD COUNTRIES
CONCERNING IMPORTS FROM EU MEMBER STATES

In 1999, fifteen third countries initiated a total of 31 anti-dumping and anti-subsidy
investigations against imports from EU Member States.

The Commission's "pro-active" approach in these cases has led to increasing
intervention vis-à-vis third-country national investigating bodies.

Furthermore,
Agreements.

the Commission will continue to pursue violations of the WTO

However, many EU companies, not used to being involved in investigations, do not
always seem to understand the benefits of co-operating with the investigating
authorities. It is very difficult for the Commission to intervene in cases of non-co-
operation and companies which find themselves subject to investigation therefore
need to be encouraged to co-operate fully with the investigating authority of the third
country.

24

25

OJ L 357, 31.12.1994, p1.
Article 34(3)(b): the Association Council shall be informed of the dumping case as soon as the
authorities of the importing party have initiated an investigation. When no end has been put to the
dumping or no other satisfactory solution has been reached within 30 days of the matter being referred
to the Association Council, the importing party may adopt the appropriate measures.

99

The Commission is ready to assist Member States and companies, which are
involved in an investigation. Nevertheless, it is for companies to defend their own
interests by co-operating and,
if necessary, appointing legal representation. The
benefits of such co-operation can be seen from the cases described in this report.

11.1.

Anti-dumping cases against EU Member States

The table below gives the number of investigations against EU Member States
initiated, on-going and terminated in 1999, as well as the number of measures which
were imposed on Community exports during the same year.

TABLE 3

Anti-dumping investigations against EU Member States during 1999

Investigations initiated prior to 1999
and still pending at the end of 1999

Investigations initiated in 1999

Provisional measures imposed

Definitive measures imposed

Investigations terminated without
measures

Total

of which

7

28

5

16

9

3 by South Africa, 2 by Brazil and 1
by Australia and Mexico

8 by India, 4 by South Africa, 3 by
Brazil, 2 by Canada, Ukraine and
USA, and 1 by Argentina, Colombia,
Czech Republic, Indonesia, New
Zealand, Poland and Rep. of Korea

3 by India, 1 by Mexico and 1 by
USA

3 by Canada, 2 by India, Argentina,
Australia, South Africa, and USA
and 1 by Brazil, Egypt and Israel

3 by India, 2 by USA, 1 by Australia,
Czech Republic, New Zealand and
Israel

Of the 26 investigations opened against imports originating in the European Union,
10 included the EU as a whole. This is a new trend: in 1998 only two cases (one by
Mexico and one by Egypt) were directed against the EU. This transition creates some
uncertainty as to the course of action adopted by third countries. Thus, India decided
the EU and some Member States
on two occasions to open cases against
cumulatively, while the Czech Republic initiated a procedure against “the EU
namely Germany”. The Commission has been advocating a more consistent approach
and considers that investigations should be opened either against the EU as a whole
or one or more individual Member States, but not both at the same time.

Among the 16 remaining investigations, of those which do not cover the whole EU,
Germany was the Member State most often affected by anti-dumping proceedings
(8), followed by France and Spain (4) and then Italy, the Netherlands, Finland and
Austria (2 each). As for the sectors concerned, it is worth noting that an agricultural

100

product (milk) was the target of an anti-dumping proceeding in 1999, by Brazil.
Developing countries have become the main users of anti-dumping proceedings
against Community products.

11.1.1.

Initiations (still at initiation stage)

11.1.1.1.Supertension cable from Germany

On 5 February 1999, South Africa initiated an anti-dumping investigation
supertension cable from Germany. The preliminary
concerning imports of
determination issued on 20 August 1999 recommends that
the investigation be
terminated due to lack of dumping.

11.1.1.2.Sterile synthetic absorbable surgical sutures from Germany

On 5 February 1999, South Africa initiated an anti-dumping investigation
concerning imports of sterile synthetic absorbable surgical sutures from Germany.

11.1.1.3.X-ray film from Germany

On 15 March 1999, Poland initiated an anti-dumping investigation concerning
imports of "Retina" X-ray films from Germany.

11.1.1.4.Pure terephtalic acid from Spain

On 22 April 1999, India initiated an anti-dumping investigation concerning pure
terephtalic acid from Spain. On 22 October 1999, India decided not to impose
provisional measures although it was found that pure terephtalic acid had been
imported from Spain below normal value and that the Indian industry had suffered
injury. The Indian authorities considered that there was inconclusive evidence of a
causal link between dumping and injury. Final findings are waited.

11.1.1.5.Pre-sensitised printing plates from the Netherlands

On 24 April 1999, the Republic of Korea initiated an anti-dumping investigation
concerning pre-sensitised printing plates from the Netherlands. It is interesting to
note that the complaint was lodged by Agfa Korea against Fuji Netherlands. On
27 August 1999, the Commission was informed that no provisional measures were
taken at this stage. The investigation is on-going.

11.1.1.6.Over-headed aluminium stranded wire or cable with steel core from France

On 30 April 1999, South Africa initiated an anti-dumping investigation concerning
imports of over-headed aluminium stranded wire or cable with steel core from
France.

11.1.1.7.Tin from the Netherlands

On 14 May 1999, Colombia initiated an anti-dumping investigation concerning
imports of tin from the Netherlands.

101

11.1.1.8.Structural steel beams from Germany and Spain

On 12 July 1999, the USA initiated an anti-dumping investigation on structural steel
beams from Germany and Spain.

11.1.1.9.Carton-board from Austria, Spain, Italy and Sweden

On 29 July 1999, Argentina initiated an anti-dumping investigation concerning
imports of carton-board from Austria, Spain, Italy and Sweden.

11.1.1.10.

Oxo alcohol from, inter alia, the European Union

On 30 July 1999, India initiated an anti-dumping investigation concerning Oxo
alcohol from the European Union.

11.1.1.11.

Vitamin-C from the European Union

On 10 August 1999, India initiated an anti-dumping investigation concerning
Vitamin-C from the European Union upon complaint by India’s sole producer of
Vitamin-C. The complaint identified exporters in Germany and UK.

11.1.1.12.

Insulin products from France and Denmark

On 10 August 1999, Brazil
insulin products from France and Denmark.

initiated an anti-dumping investigation concerning

11.1.1.13.

Cars from, inter alia, the European Union

On 20 August 1999, Ukraine initiated an anti-dumping investigation concerning
imports of passenger cars from, inter alia, the European Union.

11.1.1.14.

Milk from, inter alia, the European Union

On 25 August 1999, Brazil opened an anti-dumping investigation on milk imports
from, inter alia, the European Union.

11.1.1.15.

Photographic paper from the UK and France

On 27 August 1999, India initiated an anti-dumping investigation concerning
photographic paper from the UK and France.

11.1.1.16.

Salt from the European Union

On 1 September 1999, the Czech Republic initiated an anti-dumping investigation
concerning imports of salt for human consumption from the European Union
(namely Germany).

11.1.1.17.

D-Glucitol (Sorbitol) from the European Union

On 13 September 1999, Indonesia opened an investigation into imports of D-
Glucitol from the European Union. The complaint identified producers in France,
Germany, Belgium and the UK.

102

11.1.1.18.

Methyl methacrylate from Germany, Spain, United Kingdom & France

On 14 September 1999, Brazil opened an anti-dumping investigation in relation to
methyl methacrylate from Germany, Spain, United Kingdom and France.

11.1.1.19.

Polyurethane products from, inter alia, the European Union

On 27 September 1999, Ukraine initiated an anti-dumping investigation concerning
imports of polyurethane slabs, sheets, films and plates from, inter alia, the European
Union.

11.1.1.20.

Certain hot-rolled carbon steel plate from, inter alia, Finland

On 13 October 1999, Canada initiated an anti-dumping investigation concerning
imports of certain hot-rolled carbon steel plate from, inter alia, Finland.

11.1.1.21.

Glass microspheres from, inter alia, France and Germany

On 29 October 1999, South Africa initiated an anti-dumping investigation
concerning imports of glass microspheres from, inter alia, France and Germany.

11.1.2. Provisional measures

11.1.2.1.Cut-to-length steel plate from France and Italy

On 29 July 1999, the USA imposed provisional anti-dumping duties, ranging from
3,7% to 29,9%, on cut-to-length steel plate from France and Italy. This investigation
was initiated on 16 March 1999.

11.1.2.2.Thermal sensitive paper from Finland, Germany and the European Union

On 18 August 1999, India imposed provisional anti-dumping duties at the level of
5,84 and 6,53 Rs/sq.m on imports from Germany. The investigation was initiated on
9 March 1999.

11.1.2.3.Insecticide from Denmark

On 15 September 1999, Mexico imposed provisional anti-dumping duties on imports
of insecticide from Denmark (39%). This investigation was initiated on 9 February
1999.

11.1.2.4.Sodium cyanide from Germany and the European Union

On 20 October 1999, India decided to impose provisional duties of 3.339 Rupees per
MT on all exports of sodium cyanide from the European Union (except for one
company which had co-operated in the investigation). The investigation was initiated
on 8 March 1999.

11.1.2.5.Seamless tubes from Austria

On 10 November 1999, India decided to impose provisional duties of 6.876 Rs/MT
on imports of seamless tubes from Austria. The investigation was initiated on
21 May 1999.

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11.1.3. Definitive measures

11.1.3.1.Acrylic fibre from Spain, Italy and Portugal

On 24 December 1998, India imposed definitive anti-dumping duties in the form of
minimum prices (74 to 82 Rs/sq.m.) on imports of acrylic fibre from Spain, Portugal
and Italy. The investigation was initiated on 7 January 1998. Provisional measures
were imposed on 20 October 1998.

11.1.3.2.Filter tipped cigarette tubes from France and Germany

On 18 January 1999, Canada imposed definitive anti-dumping measures on filter
tipped cigarette tubes from France (average dumping margin 25,1%) and terminated
the investigation concerning Germany without measures because of negligible import
volume. On 12 April 1999,
the French exporter accepted an undertaking. The
investigation was initiated on 19 October 1998.

11.1.3.3.Uncoated white cut ream copy papers from Finland

On 20 February 1999, Australia imposed anti-dumping measures on uncoated white
cut ream A4 copy paper from Finland (until 2004 – except for one company that
gave price undertakings), but decided to take no action on A3 paper. The
investigation was initiated on 26 August 1998. Please note that, under Australian
practice, the level of anti-dumping measures is not made available to other than
interested parties as the information is treated as commercial-in-confidence.

11.1.3.4.Cartonboard from Germany

On 26 February 1999, Argentina imposed definitive anti-dumping measures on
imports of cartonboard from Germany consisting of a minimum price of USD 630
per ton. This investigation was initiated on 27 August 1997.

11.1.3.5.Hypodermic needles from Belgium, Germany, Ireland and Spain

On 7 March 1999, South Africa imposed definitive anti-dumping duties of 26,2% on
imports of hypodermic needles from Germany and 5,4% on imports from Belgium,
Ireland and Spain. The investigation was initiated on 16 January 1998. Provisional
measures were imposed on 31 July 1998.

11.1.3.6.Stainless steel plate in coils from Belgium and Italy

On 12 May 1999, the USA imposed definitive anti-dumping measures between 9,9
and 45,1% on imports of stainless steel plate in coils from Belgium and Italy. The
investigation was initiated on 27 April 1998.

11.1.3.7.Acetaminophenol from France

On 18 June 1999, South Africa imposed definitive anti-dumping measures in the
form of a minimum price of 58 c/Kg on imports of acetaminophenol from France.
This investigation was initiated on 24 July 1998. Provisional measures were imposed
on 28 December 1998.

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11.1.3.8.Flat hot-rolled carbon and alloy sheet and strip from France

On 2 July 1999, Canada imposed definitive anti-dumping measures on imports of
flat hot-rolled carbon and alloy sheet and strip from France. The level of the duties
varies between 11 and 43%. The investigation was initiated on 3 December 1998.

11.1.3.9.Stainless steel sheet and strip in coils from France, Germany, Italy and the UK

On 7 July 1999, the USA imposed definitive anti-dumping measures between 10,6
and 25,6% on imports of stainless steel sheet and strip in coils from France,
Germany, Italy and the UK. The investigation was initiated on 30 June 1998.

11.1.3.10.

Polycarbonates from Germany

On 22 July 1999, Brazil imposed a definitive anti-dumping duty of 9% on imports of
polycarbonates from Germany. This investigation was initiated on 12 February 1998.

11.1.3.11.

Cold-rolled steel sheet from Belgium and Spain

On 27 August 1999, Canada imposed a definitive anti-dumping duty ranging
between 7 and 29% on imports of cold-rolled steel sheet from Belgium. The
investigation was terminated without measures as regards Spain, because of lack of
injury or threat of injury. The investigation was initiated on 29 January 1999.

11.1.3.12.

Tyres from France and the EU

On 4 October 1999, Egypt imposed definitive anti-dumping duties ranging from 4,4
to 13% for the co-operating exporter and from 16 to 86% for the others. The
investigation was opened on 5 September 1998.

11.1.3.13.

Thermal sensitive paper from Finland, Germany and the European Union

On 11 October 1999, India imposed definitive anti-dumping duties on imports of
thermal sensitive paper from Germany (5,84 Rs./sq.m. for Stora GmbH and 6,34
Rs./sq.m. for other German exporters). No duties were levied on imports from
“Finland and the EU cumulatively”. The investigation was initiated on 9 March
1999. A provisional anti-dumping duty was imposed on imports from Germany on
18 August 1999.

11.1.3.14.

Floor tiles from Italy

On 12 November 1999, Argentina imposed definitive anti-dumping measures in the
form of minimum prices of 7,80 USD/m² (tiles of 20x20cm), 9 USD/m² (tiles of
30x30cm) and 10,9 USD/m² (tiles of 40x40cm). This investigation was initiated on
25 September 1998.

11.1.3.15.

Woven pile weather stripping from Spain and the UK

On 18 November 1999, Israel decided to impose anti-dumping duties on imports of
woven pile weather stripping from Spain (12% ad valorem duty) and the UK (20,7%
duty). The case was initiated on 26 May 1998. A provisional security (set at non-
injurious price level) was imposed on 15 November 1998.

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11.1.3.16.

Wound skin and closure strips from France and Germany

On 17 December 1998, Australia imposed definitive anti-dumping measures on
wound skin and closure strips from France (until 2003). No measures were taken
against German imports. The investigation was initiated on 3 April 1998.

11.1.4.

Investigations terminated without measures

11.1.4.1.Polymeric plasticisers from the UK

In January 1999, Australia decided to take no further action concerning imports of
polymeric plasticisers from the UK because there was no current or potential threat
of injury. The case was initiated on 6 April 1997. Provisional measures were adopted
on 30 June 1998.

11.1.4.2.Styrene butane rubber from Germany and France

On 22 June 1999, India terminated its investigation into styrene butane rubber from
Germany and France without taking measures, because of a lack of evidence of
injury. The investigation was initiated on 7 April 1998. Due to lack of evidence,
provisional duties had not been imposed.

11.1.4.3.Industrial sewing machine needles from Germany

On 12 April 1999, India terminated its investigation into industrial sewing machine
needles from Germany without
the
petitioner did not satisfy the definition of “domestic industry” for the purpose of
filing an anti-dumping petition. The investigation was initiated on 16 January 1998.

taking measures because it was found that

11.1.4.4.Stainless steel round wire from, inter alia, Spain

On 19 May 1999, the USA terminated the investigation without measures because of
lack of injury. The investigation was initiated on 12 May 1998.

11.1.4.5.Glass containers from Germany, Italy, Portugal and Spain

On 6 July 1999, Israel
terminated the anti-dumping investigation into glass
containers from Germany, Italy, Portugal and Spain without taking measures because
the complaint had been withdrawn. The investigation was initiated on 10 August
1998. In January 1999, a temporary deposit of 5,2% (CIF) had been imposed on
imports of 1 litre glass citrus jars produced in Spain, by way of provisional measures.

11.1.4.6.Infant milk formula from Denmark and the Netherlands

On 20 August 1999, the Czech Republic terminated the anti-dumping investigation
on imports of infant milk formula from Denmark and the Netherlands as the
petitioner stopped its production of infant milk formula in the Czech Republic. This
investigation was initiated on 2 September 1998.

11.1.4.7.Structural steel beams from Germany and Spain

On 23 August 1999, the USA terminated this investigation without measures,
following a negative preliminary determination of injury. The investigation was
initiated on 12 July 1999.

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11.1.4.8.Inhibitors from Germany

On 30 August 1999, New Zealand terminated the anti-dumping investigation into
ACE Inhibitors from Germany without imposing measures, following withdrawal of
the original complaint by the Australian producers on behalf of which Australia had
requested the investigation.

The case was initiated on 8 April 1999, following an Australian request under Article
14 of the WTO Anti-dumping Agreement. It was one of the rare cases in which anti-
dumping action was requested by a third country (in casu Australia). In such cases,
the adoption of measures is subject to approval, by consensus, of such measures by
the WTO Council for Trade in Goods (which would require approval of the EC and
Switzerland). The Commission had warned New Zealand that the final measures
could be opposed in the Council for Trade in Goods.

11.1.4.9.Acrylic Fibre from, inter alia, the European Union

On 13 October 1999, India decided to exclude imports of acrylic fibre from the
European Union from the anti-dumping investigation concerning acrylic fibre from
the European Union, Turkey and Hungary, because no sufficient time had elapsed to
warrant a review of duties that are currently in force against imports from Spain,
Portugal and Italy. This decision followed consultations between India and the
European Commission concerning this investigation.

11.1.5. Pending investigations initiated before 1999

11.1.5.1.Coated paperboard from Austria, Germany, the Netherlands and Spain

On 20 March 1997, South Africa initiated an anti-dumping investigation concerning
imports of coated paperboard from Austria, Germany, the Netherlands and Spain. On
31 October 1997, the preliminary determination suggested to terminate the case, as
the dumped imports were not causing the injury suffered by the domestic industry.
The Commission has asked South Africa to terminate the investigation, as it hampers
Community exports to South Africa and has, by far, exceeded the 18 month period
provided for by Article 5(10) of the WTO Anti-dumping Agreement.

11.1.5.2.Rock wool from the Netherlands

On 15 May 1998, South Africa initiated an anti-dumping investigation concerning
imports of
from the Netherlands. The preliminary determination
recommends the termination of the investigation (in the absence of material injury in
respect of the products concerned).

rock wool

11.1.5.3.Crystal polystyrene from the European Union

On 10 June 1998, Mexico initiated an anti-dumping investigation on imports of
crystal polystyrene from the European Union. A preliminary resolution was
published on 17 February 1999, by which Mexico decided to continue the
investigation without imposing any provisional measures.

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11.1.5.4. Woven polypropylene carpet from, inter alia, Belgium and the UK

On 9 July 1998, Australia initiated an anti-dumping investigation concerning
imports of woven polypropylene primary carpet backing fabric from Belgium, the
UK, Colombia, Saudi Arabia and the USA.

The Report to the Minister,
issued on 18 December 1998, recommended anti-
dumping action to be taken but the proceeding was suspended as the Belgian party to
the case appealed the Australian Customs Services’ recommendation to the Minister
(who has yet to take a decision).

11.1.5.5.Bolts and nuts from, inter alia, Spain

On 24 July 1998, South Africa initiated an anti-dumping investigation concerning
imports of bolt and nuts from, inter alia, Spain. No preliminary determination has yet
been notified. However, South Africa confirmed that the investigation in respect of
products from Spain will be terminated as the imports were considered to be de
minimis.

11.1.5.6.Hydroethylcellulose from, inter alia, the Netherlands

On 16 October 1998, Brazil initiated an anti-dumping investigation concerning
imports of hydroethylcellulose from, inter alia, the Netherlands. As of 19 October
1999, the Brazilian authorities extended the investigation for a further six months.

11.1.5.7.Hot and cold-rolled stainless steel from France, Germany, Italy and Spain

On 19 October 1998, Brazil initiated an anti-dumping investigation concerning
imports of hot and cold-rolled stainless steel from France, Germany, Italy and Spain.
On 22 November 1999, this investigation was extended for 6 months.

11.1.6. Sunset review investigations having led to a change in the imposed duties

11.1.6.1.Stainless steel bars from France, Germany, Italy, Spain, Sweden, United Kingdom

On 4 March 1999, Canada confirmed anti-dumping duties up to 110% after a review
of dumping margins initiated on 9 October 1998, just one month after the imposition
of definitive measures. The review investigation worsened the position of some EU
exporters who had co-operated in the original investigation, and were considered as
non co-operating in the review, with the imposition of the maximum dumping
margin found.

11.1.6.2.Refined sugar from Belgium, Denmark, Germany, The Netherlands

On 24 May 1999, New Zealand removed the anti-dumping duties on refined sugar
from Belgium, Denmark, Germany and the Netherlands (with effect
from 3
November 1998, being the date the duties would have ceased to apply in the absence
of a review investigation). Duties were in force since 1990.

11.1.6.3. Certain coated papers from Austria and Finland

On 29 October 1999, Australia opened a re-examination procedure into the anti-
dumping measures imposed in 1998 on imports into Australia of coated paper

108

produced by the Austrian company Sappi Gratkom GmbH and to examine whether
the price undertaking with a Finnish company was set at an appropriate price-level.
This re-examination is the indirect result of a Federal Court decision that annulled
anti-dumping measures imposed on exports of coated paper
from a German
company.

In 1998, Australia had also imposed anti-dumping measures on imports of coated
paper from Belgium, Finland, Italy, the Netherlands and Sweden. These remain
unaffected.

11.2.

Anti-subsidy cases against EU Member States

The table below gives the number of anti-subsidy investigations against EU Member
States initiated, on-going and terminated in 1999, as well as the number of measures
which were imposed on Community exports during the same year.

TABLE 4

Anti-subsidy investigations against EU Member States during 1999

Investigations initiated in 1999

Provisional measures imposed

Definitive measures imposed

Investigations terminated without
measures

Total Of which

5

3

4

3

2 by USA and 1 by Chile, Australia
and Canada

2 by USA and 1 by Chile

4 by USA

2 by USA and 1 by Egypt

Of the 12 cases active during 1999, 8 cases relate to steel and the other 4 to
agricultural products. The USA continues to be the most frequent user.

11.2.1.

Initiations (still at initiation stage)

11.2.1.1.Brandy from France

On 9 August 1999, Australia initiated an expiry review of the countervailing
measures concerning brandy from France. The Commission services are currently
is
preparing information relating to the subsidy programmes in question, and it
understood that the French industry will also make a submission. The deadline for
submission is 4 October 1999; the expiry date is 27 February 2000.

11.2.1.2. Canned ham and canned pork luncheon meat from Denmark and the Netherlands

The countervailing duties on canned ham and canned pork luncheon meat from
Denmark and the Netherlands is due to expirte on 20 March 2000. The domestic
industry requested an expiry review and the Canada (CITT) initiated an expiry
review on 3 September 1999. The Commission will co-operate fully in the expiry
review.

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11.2.2. Provisional measures

11.2.2.1.Cut-to-length carbon steel plate from Italy and France

On 16 March 1999, the USA initiated a countervailing duty investigation concerning
imports of cut-to-length carbon steel plate from, inter alia, Italy and France. The
main concern was the “pass through” issue and also the apparent lack of evidence in
the complaint. In particular, the Commission held various rounds of consultations
with the DOC in Washington and Geneva to address the issue of lack of evidence as
well as the issue of initiation against programmes which have repeatedly been found
not to exist (especially in the case against Italy).

The Commission, the Italian and French governments and the exporters concerned
replied fully to all DOC’s questionnaires. Verification will
take place in
September/October 1999.

In July 1999, the USA (DOC) imposed provisional duties of 23,2% on Italy and 3,7-
5,4% on France.

11.2.2.2.Milk powder from the European Community

A complaint was submitted by the Federacion Nacional de Productores de Leche
against
imports of milk powder from the European Community. Pre-initiation
consultations under Article 13.1 of the WTO Subsidies Agreement were organised.
In October 1999, Chile initiated the countervailing duty investigation.

On 29 December 1999, Chile imposed a provisional countervailing duty of 21% on
imports of milk powder from the European Community.

11.2.3. Definitive measures

11.2.3.1.Stainless steel plate in coils from Italy and Belgium

On 28 April 1998, the USA (DOC) initiated a countervailing duty investigation
concerning imports of stainless steel plate in coils from,
inter alia, Italy and
Belgium. The main concern was the “pass through” issue and also the apparent lack
of evidence in the complaint. The Commission, the Italian and Belgian governments
and the exporters concerned replied fully to all DOC’s questionnaires. Verification
took place in November 1998.

The DOC definitive finding was published on 31 March 1999. For Belgium, the only
exporter (ALZ) obtained a duty of 2%. In the case of Italy, the only exporter (AST)
obtained a duty of 15,16%.

the Commission managed to prove that

In the Italian case,
the Community
THERMIE programme was not countervailable as not being specific (i.e. that it was
available to all industrial sectors indiscriminately). Furthermore, the Commission
managed to prove that the ESF was not de jure specific as the DOC had established
in previous investigations.

110

11.2.3.2.Cut-to-length carbon steel plate from Belgium

In April 1998, the USA (DOC) initiated an administrative review (covering the
calendar year 1996). The Commission,
the Belgian Government and the only
exporter concerned (Fabrique de Fer Charleroi) have replied to the DOC
questionnaire. The DOC verification took place in November 1998. On 13 April
1999, DOC imposed definitive duties at the level of 0,69%.

11.2.3.3.Stainless steel sheet and strip from Italy and France

On 13 July 1998, the USA (DOC) initiated a countervailing duty investigation
concerning imports of stainless steel sheet and strip from, inter alia, Italy and France.
The main concern was again the “pass through” issue and also the apparent lack of
evidence in the complaint. The Commission, the Italian and Belgian governments
and the exporters concerned replied fully to all DOC’s questionnaires Verification
took place in November 1998.

DOC's definitive finding was made on 8 June 1999. For France, the only exporter
(Usinor) obtained a duty of 5,38%. In the case of Italy, the main exporter (AST)
obtained a duty of 12,22% and Arinox a duty of 1,03%.

the Commission managed to prove that

In the Italian case,
the Community
THERMIE programme was not countervailable as not being specific (i.e. that it was
available to all industrial sectors indiscriminately). Furthermore, in both the French
and Italian cases, the Commission managed to prove that the ESF was not de jure
specific as the DOC had established in previous investigations.

11.2.3.4.Lead and bismuth steel from the UK

On 2 December 1997, following an administrative review initiated in May 1997, the
USA (DOC) established a preliminary countervailing duty rate of 5,28% for British
Steel. This rate was confirmed in a definitive finding of 15 April 1998. In this
review, the Commission had requested green-light treatment for the BRITE-EURAM
R&D programme. DOC, apparently unable to find a reason to reject the claim, has
instead chosen to dismiss the benefit from the programme as de minimis.

During this proceeding, British Steel has continued to dispute the DOC’s assertion
that pre-privatisation subsidies are “passed through” to the new owners of the
company. Following a request from the UK, the Commission has initiated a dispute
settlement procedure against the US. In the WTO procedure, Mexico and Brazil have
intervened in favour of the EC. On 9 October 1999, a WTO Panel accepted the main
arguments put forward by the Community. It concluded that the USA had violated
Article 10 of the Subsidy and Countervailing Measures Agreement.

On 31 March 1998, British Steel requested a further administrative review for the
calendar year 1997, which was duly initiated in April 1998. The Commission has
supplied a response to the DOC questionnaire. Preliminary findings were made on
3 March 1999; British Steel's countervailing duty rate was set at 4,64%. This rate
was confirmed in the definitive findings of 11 August 1999.

On 3 May 1999, a further administrative review for the calendar year 1998 was duly
initiated. The Commission has made a submission in the line of the arguments
explained above.

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11.2.4.

Investigations terminated without measures

11.2.4.1.Sugar from the European Community

On 27 August 1998, Egypt initiated a countervailing investigation into sugar from
the EC. The Commission held bilateral consultations with the Egyptian authorities on
15 October 1998. The subsidy allegations concern the export restitutions provided to
sugar exporters as well as the storage costs. The Commission has co-operated with
the Egyptian authorities in their investigation and has responded to the relevant
questionnaire. In July 1999, Egypt terminated the investigations without measures.

11.2.4.2.Lead and Bismuth Steel from Germany

In April 1998, the USA initiated an administrative review (covering the calendar year
1997). The Commission,
the German Government and the German exporter
concerned (Saarstahl) have replied to the DOC questionnaire. On 6 April 1999, DOC
imposed preliminary duties at the level of 12,31%. The DOC verification took place
in June 1999.

On 15 August 1999, the review was terminated, the verification having determined
that Saarstahl had made no exports in the review period.

11.2.4.3.Leaded billets from UK and Germany

the USA (DOC) initiated an investigation into the alleged
On 19 June 1997,
circumvention of anti-dumping and countervailing measures on leaded bars by
exports of leaded billets from the UK and Germany. Billets are rolled into bars by
means of a process carried out in the US.

This case was disturbing from a number of viewpoints. Firstly, no pre-consultations
were offered on the countervailing duty aspects. Secondly, it was established in the
original ITC hearing on leaded bars that billets were not causing injury to US
producers. Thirdly, some exporters sold billets to unrelated processors, which then
sold the bars in direct competition with the bars sold by the same exporters in the US.

DOC made a negative preliminary finding of circumvention on 1 May 1998. The
investigation was terminated in October 1999.

11.2.5. Review investigations having led to a change in the imposed duties

11.2.5.1.Pasta from Italy

In August 1998, the USA (DOC) concluded the first administrative review of the
countervailing duties imposed in July 1996 on pasta from Italy covering the period
17.10.95 – 31.12.96. Duties for the exporters concerned ranged from 0 to 5%.

In September 1998, the second administrative review was initiated (covering the
calendar year 1997). The Commission,
the Italian Government and the Italian
exporters that requested the review have replied to the DOC questionnaire. In April
1999, the DOC verified the responses of the Italian exporters concerned, and on 16
August 1999, the final findings were published (CVD rates of 0,49-4,05%).

112

12.

SAFEGUARD MEASURES

12.1.

Legal framework

The principle of liberalisation of imports was set under the GATT 1947 and
strengthened under the 1994 WTO Agreement on Safeguards. As they consist of the
unilateral withdrawal of a commercial concession on liberalisation of trade formerly
agreed, safeguard measures have to be considered as an exception to this principle.
The GATT 1947 and the WTO Agreements imposed strict conditions for the
application of this escape clause. As it stands, Article XIX GATT 1994 and the WTO
Agreement on Safeguards not only set out rules and criteria, but also put in place a
multilateral control under the WTO Committee on Safeguards.

The principle of liberalisation was the starting point of the Community rules of
imports and the requirements to adopt safeguard measures correspond to those of the
GATT 1994 and WTO Agreements. Under the relevant Community regulations,
safeguard measures affecting WTO members can only be applied when a product is
imported (i) under such greatly increased quantities, and (ii) on such terms or
conditions as to cause or threaten to cause serious injury to Community producers26,
provided that it is in the Community’s interest to apply such measures27.

irrespective of

Safeguard measures have a temporary nature and apply to all imports of the product
its origin28. They can only be adopted after a
in question,
the existence of a)
comprehensive investigation which provides evidence of
increased imports b) the existence of a serious injury for Community producers
and c) the causal link between the imports and the injury. Ultimately, the adoption of
measures requires an analysis of all interests concerned,
i.e. the impact of the
measures on producers, users and consumers.

12.2.

The Community's activities in the field of safeguards

The Community has seldom made use of safeguard measures and no measures have
been adopted since the entry into force of the WTO 1994 Agreement. The relevant
Community legislation strictly interprets the WTO Agreement on Safeguards, in
particular the provisions relating to the conditions necessary for the adoption of a
safeguard measure.

As a matter of principle, Community institutions consider that safeguard measures
should only be used as an exceptional tool in emergency situations. This position is
shared by the WTO Dispute Settlement Body, which has recently emphasised that
the use of safeguard clauses must be limited to severe circumstances29.

26

27

28

29

Council Regulation (EC) No 3285/94, Article 16, 1st indent. As regards non WTO members those two
conditions shall be understood alternatively.
Council Regulation (EC) No 517/94 on common rules on imports of textile products from certain third
countries ; Council Regulation No 519/94 on common rules on imports from certain third countries;
Council Regulation No 3285/94 on common rules for imports.
However, as regards non WTO members, safeguard measures may be selective and apply to products
originating in a specific country.
See Infra, point 13.4.1 and 13.4.2 (Appellate Body Report on Argentina – Footwear; Appellate Body
Report on Korea – Dairy products).

113

The Community expects its commercial partners to follow a similarly strict
approach. However, more and more countries are adopting safeguard measures, often
in circumstances which may not be entirely in line with Article XIX GATT 1994 and
the WTO Agreement on Safeguards. Consequently, the activity of the Community in
relation to safeguards is more and more driven towards the defence of the export
interests of Community producers, if necessary before the WTO Institutions.

12.3. Overview of the recent main third country safeguard cases

12.3.1. Brazil

12.3.1.1.Toys

On 18 June 1996, Brazil initiated a safeguard investigation on imports of toys
originating in all third countries. On 1 January 1997, definitive safeguard measures
were imposed on imports of all types of toys in the form of an additional duty on top
of the regular tariff rate of 20%, which decreases progressively until 1999: 43% in
1997, 29% in 1998 and 15% in 1999.

On 7 April 1999, Brazil notified, in conformity with article 7(4) of the Safeguard
Agreement, the result of the mid-term review, concluding that the domestic injury
was still suffering injury in form of decreased production, domestic sales and prices,
and profitability. Thus, safeguard measures were maintained according to the
original schedule.

On 29 November 1999, Brazil notified to the WTO Committee on Safeguards its
intention to extend the measure for a period of 4 years and offered the holding of
consultations on the basis of Article 12(3) of the Safeguard Agreement. Therefore,
the Commission held consultations with the Brazilian authorities in Geneva on
15 December 1999. Despite these consultations, Brazil extended on 22 December
1999 its safeguard measures on toys as previously notified to the WTO. The
Commission will examine whether compensation under the Safeguards Agreement or
the suspension of equivalent concessions would be appropriate.

12.3.2. Chile

12.3.2.1.Wheat, wheat flour, sugar and edible vegetable oils

On 2 November 1999, Chile notified to the WTO that it had initiated ex officio a
safeguard investigation on 30 September 1999 covering the above-mentioned
products. EC trade in 1998 regarding edible oils was
4,6m, concerning wheat flour
€
0,9m. On 26 November 1999, Chile announced that it had
imposed provisional measures on all above products by raising the ad valorem tariff
up to the level bound in the WTO.

3,7m and for sugar

€

€

12.3.3. Czech Republic

12.3.3.1.Sugar

The investigation was initiated on 3 March 1999. Provisional measures were
imposed on 12 March 1999 in the form of an additional duty of 80% on imports of
all sources except from the Slovak Republic.

114

During two rounds of consultations held on 8 April and 17 May 1999, the EC stated
that the imposition of measures without prior consultation was in violation of
Article 34 of the Czech-EU Europe Agreement. Furthermore, there was no proof that
imports from the EC caused serious injury as required under Article 31 of that
Agreement, in particular since there was a steady decrease of imports from the EC
since 1995.

On 21 May 1999, in the context of the Czech-EU Association Committee, the Czech
Republic gave a commitment to conclude the investigation by the end of June 1999
and to exempt EC imports from the measure. On 15 September 1999, the Czech
Republic imposed definitive safeguard measures in the form of tariff rate quotas for
imports originating in the EU, Poland and other countries (except
the Slovak
Republic) on the basis of imports of the product concerned during the last three
years. The measures will progressively be liberalised and will be in force until
11 March 2003.

12.3.4. Egypt

12.3.4.1.Safety wooden matches

On 6 August 1998, Egypt published in its Official Gazette a notice concerning the
initiation of a safeguard investigation into imports of safety wooden matches (boxes)
into Egypt, including the imposition of provisional safeguard measures as of that
date. A definitive safeguard measure was introduced on 19 February 1999 for a
period of three years in the form of a tariff at a level decreasing from 34% to 11%.

The Commission has actively participated in the proceedings expressing its serious
concern as to the legality of these measures in several instances, including the
holding of consultations on 10 February 1999.

12.3.4.2.Fluorescent lamps

On 19 September 1999, Egypt decided to initiate a safeguard investigation into
imports of common fluorescent lamps from 18 watts to 40 watts into Egypt.

According to Eurostat data under CN 8539 31 10, Community exports to Egypt
reached ECU 0,16 million in 1997, while they were negligible in the years 1995,
1996 and 1998.

12.3.5.

India

12.3.5.1.Phenol

On 2 February 1999, India initiated a safeguard investigation concerning imports of
phenol. On the basis of a positive injury determination dated 12 May 1999, India
imposed on 30 June 1999 definitive safeguard measures for a period of two years in
the form of a tariff which decreases from 22% to 15%.

12.3.5.2.Acetone

On 16 June 1999, India initiated a safeguard investigation concerning imports of
the investigation was completed and the Indian
acetone. On 8 October 1999,

115

government was recommended to impose for a period of 30 months safeguard duties
of 28% (first year), 21% (second year) and 9% (last 6 months).

The EC's share of the imports submitted to the measures would be approximately
15%. Germany and the Netherlands are the main EC exporters, followed by the UK,
Finland and France.

12.3.5.3.White/yellow phophorus

On 15 September 1999, India initiated a safeguard investigation concerning imports
of white/yellow phosphorus. According to the Indian authorities, the EC’s share of
total imports into India amounts to less than 1%. Main EC exporters are Germany
and the Netherlands.

12.3.6. Latvia

12.3.6.1.Swine meat

On 21 May 1999, Latvia informed the EC of the decision to initiate a safeguard
investigation under
the WTO Agreement on Safeguards and to propose the
imposition of provisional measures.

Consultations were held on 26 May 1999 in Brussels in the framework of Articles 30
and 33 of
the EU-Latvia Europe Agreement. The EC demanded additional
information and clarification of evidence provided by Latvia. As of 1 June 1999,
provisional measures in the form of 70% additional duty (with a minimum of
0,34LVL/kg) were imposed on imports of swine. Imports from the EC were
in 1998. Further rounds of technical consultations were
approximately 500 t
conducted on 15 June, 12 October and 23 November 1999.

As of 18 December 1999, Latvia imposed definitive measures on imports of swine
meat in the form of a minimum price of 1,05 LVL/kg, disregarding the Community’
claim that Latvia had not complied with its procedural and substantive obligations
under the Europe Agreement.

12.3.7. Poland

12.3.7.1.Flat steel products

In a Note Verbale dated 23 June 1999, Poland informed the EC that the Minister of
Economy had received an application for the initiation of safeguard proceedings
against imports of certain flat-rolled products of iron or non-alloy steel. The Note
stated that it was intended to formally initiate the proceedings soon. The EC's reply
of 2 July 1999 stated that all relevant information needed to be supplied, in order to
allow for the matter to be referred to the Poland-EU Association Council under
Article 33 of the Poland-EU Europe Agreement to put an end to any difficulties.

12.3.7.2.Tractors

Poland informed the EC in a Note Verbale of 28 June 1999 of the receipt of a
safeguard complaint concerning imports of agriculture and forestry tractors. The EC
replied along the same lines as in the reply of 2 July 1999 in the case concerning flat
steel products.

116

12.3.7.3.Yoghurt

On 24 March 1999, Poland informed the EC of it intention to impose safeguard
measures on imports of yoghurt originating in the EC based on Article 30 of the
EU/Poland Europe Agreement. In various rounds of consultations, the EC expressed
its disagreement with the proposed measures in the form a tariff increase from the
preferential tariff for these products from 9% to 38%. On 17 September 1999, Poland
imposed measures in the form of a (still preferential) tariff of 29% which applies
only to imports from the EC which are in excess of average imports volumes for
1996-98 (for which the tariff preference of 9% remains). These measures will be in
force for a period of two years.

According to the Polish authorities, imports of yoghurt from the Community raised
sharply from 556 tonnes in 1996 to 30.900 tonnes in 1998.

12.3.8. Slovenia

12.3.8.1.Swine meat

The safeguard investigation based on the WTO Agreement on Safeguards was
initiated 15 October 1998. Provisional measures were imposed on 21 November
1998 in the form of an additional import duty of 68-110 SIT/kg (1 Euro=187 SIT) for
200 days. The EC's trade interest was 15,73 Mio Euro in 1997 and 19,49 Mio Euro in
1998 (Jan-Oct).

On 15/16 December 1998, consultations under Article 28 of the Slovenia-EU Europe
Agreement were held. On 16 January 1999, Slovenia repealed the provisional
measures stating that "critical circumstances" were no longer present and terminated
the investigation.

12.3.9. Slovakia

12.3.9.1.Swine meat

Two rounds of consultations were held under Article 34 of the EU-Slovakia Europe
Agreement on 20 April and 3 May 1999 in Brussels after the Slovak Republic had
informed the EC of its intention to initiate an investigation based on the WTO
Agreement on Safeguards. The investigation was initiated on 5 May 1999. Imports
from the EC represented 5,5% of total imports (valued at approximately 4 million
Euro in 1998). As of 21 May 1999, Slovakia imposed a provisional safeguard
measure in the form of an additional import duty of 43,7% on all imports of swine
meat except on imports from the Czech Republic. The investigation is currently on
going.

12.3.10. USA

12.3.10.1.

Wheat gluten

US gluten producers decided on 19 September 1997 to request a Section 202
safeguard action. On 15 January 1998, the US International Trade Commission made
a positive finding of serious injury and recommended to the President to impose a
quantitative restriction for four years. The EC expressed its concerns about the
recommendation.

117

On 1 June 1998, the US President decided to impose a quantitative restriction for
three years based on imports during the period of July 1992 until June 1995 to be
increased by 6% annually. The quota shares are allocated to importing countries with
respect to the shares in imports during that period, resulting in a quota for the EC of
24.513 tons (41.415 tons in 1997).

On 14 August 1998, the EC withdrew "substantially equivalent concessions" by
imposing a tariff quota on imports of corn gluten feed from the US effective
1 June 2001 or upon the declaration of a WTO panel that the US measures are not in
compliance with WTO rules.

The Commission’s concern relates notably to the deficiencies of the serious injury
investigation conducted by the US International Trade Commission. Furthermore, the
measure imposed appears discriminatory (i.e. while Australia’s quota allowed it to
maintain its trade flow at 1997 levels, the Community by comparison has its 1997
level cut almost by half), unjustified (i.e. serious injury was not established and no
causal link between the imports and the situation of the US industry was shown) and
overly restrictive.

During consultations with the US under Article 12(3) of the Safeguards Agreement
on 24 April and 22 May 1998 and formal dispute settlement consultations on 3 May
1999, the US did not provide an adequate justification of the measures. As a result,
the EC requested the establishment of a WTO panel, which took place on 26 July
1999 and is currently underway.

12.3.10.2.

Steel wire rod

On 12 January 1999, the USA initiated a safeguard investigation concerning imports
of steel wire rod.

The Commission filed an “entry of appearance” with the International Trade
Commission (ITC) on this case and has actively participated in the procedure,
including the presentation of a submission explaining why in the Commission’s view
no safeguard measures are warranted in this case.

three
On 12 May 1999, the ITC took a 3:3 decision in the injury phase (i.e.
Commissioners voted that no serious injury or threat
the
remaining three Commissioners found that such injury or threat thereof existed). The
ITC submitted its final Report to the President in July 1999, including its views on
possible measures to be taken. In these circumstances,
is the US President's
decision whether to impose safeguard measures on imports of this product. Despite
indication that the President would decide in September 1999, by the end of 1999 no
decision had been forthcoming.

thereof existed, but

it

12.3.10.3.

Welded line pipe

On 30 June 1999, eight producers of welded line pipe and the United Steelworkers of
America filed a safeguard petition against imports of this product into the United
States. On the basis of this petition, a safeguard procedure was initiated and an injury
the US ITC
finding was made on 28 October 1999.
recommended to the President the adoption of safeguard measures for a period of
four years either as a tariff quota (increasing each year by 10%) with over quota

In December 1999,

118

imports subject to a 30% duty or as a tariff of 12,5%, to be progressively decreased
to 8% in the fourth year.

The Commission actively participated in this procedure and made its view known to
the US authorities that safeguard measures do not appear warranted in this case,
notably with respect to speciality products (High Frequency Induction Welding Line
Pipe) originating in the Community. The major EC exporter is Germany; other
exporters include the United Kingdom, France and Greece.

12.3.10.4.

Lamb

The US initiated this investigation on 7 October 1998. The main suppliers are
Australia and New Zealand. The EC's trade interest is small (i.e.
6.000 in 1997 and
€
30.000 in 1998, Jan-Oct). On 15 April 1999, the US notified a positive finding of
serious injury to the WTO. On 7 July 1999, the US President decided to impose a
tariff quota of 31.851 tons for a period of three years (to be increased annually by
857 tons). Imports within the quota will be subject to a 9% duty in the first year, 6%
in the second and 3% in the last year. Rates for imports for out-of-quota imports are
40% in the first, 32% in the second and 24% in the last year.

€

Australia and New Zealand have requested the establishment of Panels on these US
measures. The Community has requested third party status in these Panel procedures.

12.4.

Appellate body reports on safeguard measures

On 14 December 1999, the WTO Appellate Body (AB) issued the reports on the
cases brought by the European Community against Argentina – Safeguard measures
on footwear and Korea – Safeguard measures on Dairy Products. In summary, both
reports uphold the Community’s position in these cases and reject Argentina’s and
Korea’s appeals against
the Panels’ findings of WTO-incompatibility of these
countries’ safeguard measures.

From a general perspective, it is worth noting, that whilst the AB was not called upon
to decide on the “philosophy” of the Safeguard Agreement, it expressly notes that:

–

–

–

“it is essential to keep in mind that a safeguard action is a ‘fair’ trade remedy”,

“safeguard measures were intended by the drafters of the GATT to be matters
out of the ordinary, to be matters of urgency, to be, in short, ‘emergency
actions’”, and

“the import restrictions that are imposed on products of exporting Members
when a safeguard action is taken must be seen, as we have said, as
extraordinary”.

The Community has always defended this approach and, although these statements
would seem to state the obvious, many third countries would appear to apply
methods to the contrary. The number of safeguard measures imposed by third
countries is rapidly increasing and presently affects EC exports valued at several
hundred million Euros.

These reports are of particular importance since they confirm the high standards of
fact and proof required as regards the increased imports, serious injury and causation

119

determinations which have to be satisfied prior to adopting safeguard measures. This
is reinforced by the finding of the AB that, in addition to those determinations, on the
basis of Article XIX of GATT 1994, there has to be a pre-requisite that the increased
imports are the “result of unforeseen developments and of the effect of the
obligations
including tariffs
concessions”.

incurred by a Member under

this Agreement,

12.4.1. Appellate Body Report on Argentina Footwear

Background

In February 1997, Argentina initiated a safeguard procedure and imposed a
provisional measure on imports of footwear. In September 1997, Argentina imposed
definitive safeguard measures on imports of this product. Following consultations
with Argentina which did not lead to a solution, the EC requested the establishment
of a Panel. On 4 June 1999, the final report of the Panel was circulated to the Parties.

In summary, the Panel found that the definitive safeguard measure on footwear based
on Argentina's investigation and determination is inconsistent with Articles 2 and 4
of the Agreement on Safeguards (S.A.). On 15 October 1999, Argentina appealed the
Panel’s findings and, on 30 October 1999, the Community filed a cross-appeal. The
Appellate Body upheld the conclusions of the Panel report.

Appellate Body main Findings

The AB considers that the terms “as a result of unforeseen developments and of the
effect of the obligations incurred by a Member under this Agreement, including
tariffs concession”, which are contained in Article XIX GATT, describe “certain
circumstances which must be demonstrated as a matter of fact
in order for a
safeguard measure to be applied consistently with the provisions of Article XIX of
the GATT 1994”.

In addition, as regards the imposition of safeguard measures by a customs union, the
AB recalls its report on Turkey – Restrictions on Imports of Textile and Clothing
Products, where it confirmed that under certain conditions, «Article XXIV may
justify a measure which is inconsistent with certain other GATT provisions».
However, the AB clearly rejects the interpretation which would extend the scope of
footnote 1 to Article 2 of the S.A. to situations not covered by that footnote, such as
the application of safeguard measures by members of customs unions or free trade
areas on their own behalf (as was the case in this procedure and in virtually all other
safeguard procedures presently in place).

As regards the increased imports, the AB makes clear that “it is not enough for an
investigation to show simply that imports were more than last year – or five years
ago”. Moreover, it concludes that Article 2(1) of the S.A. and Article XIX GATT
require “that the increase in imports must have been recent enough, sudden enough,
sharp enough, and significant enough, both quantitatively and qualitatively, to cause
or threaten to cause ‘serious injury’”.

the AB confirms that Article 4(2)(a) of

requires a
Furthermore,
demonstration that the competent authorities “evaluated, as a minimum, each of the
factors listed in Article 4(2)(a) as well as all other factors that are relevant to the
situation of the industry concerned”.

the S.A.

120

On causation, the AB agrees with the Panel in that “it is the relationship between the
movements in imports (volume and market share) and the movements in injury
factors that must be central to a causation analysis and determination”. In addition,
the AB upholds the Panel’s interpretation that the term “under such conditions” in
Article 2(1) of the S.A. require an analysis of the “conditions of competition”
between the imports and the domestic product and that other possible causation
factors have to be sufficiently evaluated.

12.4.2. Appellate Body Report on Korea – Dairy Products

Background

On 7 March 1997 Korea imposed definitive safeguard measures in the form of a
quota on imports of certain dairy products (milk powder blends). The EC, being the
main supplier of the product in Korea (trade in 1996:
75 million), was severely
affected by the measures which cut its exports by almost 40%. After several rounds
of consultations and unsuccessful informal settlement negotiations, the EC requested
a WTO panel.

€

In the Panel report which was circulated on 21 June 1999, it was concluded that the
Korean measure was inconsistent with Korea's obligation under Article 4(2)(a) of the
S.A. (serious injury was not established in an investigation covering all injury factors
listed in that provision), Article 5 of the S.A. (inappropriate determination of the
form of the measure) and Article 12 of the S.A. (WTO notifications not timely). The
Panel rejected the EC's claims regarding Article XIX of GATT 1994 ("unforeseen
developments"), Article 2(1) of the S.A. ("under such conditions" means requirement
for price analysis) and Article 12 of the S.A. (content of WTO notifications
incomplete).

Korea appealed against the report mainly on procedural grounds. It did not appeal the
substantive finding of the Panel that the serious injury investigation was inconsistent
with Article 4(2)(a) of the S.A.. The EC cross-appealed the findings on Article XIX
GATT 1994 and the completeness of notifications.

Appellate Body main Findings

The Appellate Body confirmed EC's cross-appeal on all counts. It was held that
Article XIX GATT 1994 does establish "circumstances" which must be present in
addition to the requirements set forth in the S.A., i.e. that increased imports must be
due to "unforeseen developments" and "obligations under GATT 1994, including
tariff concessions".

The AB held that the Panel did not err in stating that Article 5(1) of the S.A. requires
that a safeguard measure must not be more restrictive than necessary to prevent or
remedy serious injury and to facilitate adjustment. However, it reversed the Panel's
broad finding that a Member must explain in detail why it chose a particular measure
(this is only required if the measure takes the form of a quota which is not based on
the imports during the last three representative years).

121

13.

THE TRADE BARRIERS REGULATION (TBR)

The Trade Barriers Regulation (TBR) is a commercial policy instrument of an
offensive rather than defensive nature.

13.1.

Background and objectives

The Trade Barriers Regulation30 was adopted to replace the New Commercial Policy
Instrument31 (NCPI) to take account of the conclusions of the Uruguay Round
negotiations. It is an instrument mainly designed to assist industry when confronted
with access problems on third country markets. The TBR’s objective therefore is to
give industry the opportunity to act when encountering trade barriers that restrict
the rights acquired by the
their access to third country markets. To this end,
Community under international agreements can be enforced by the use of the TBR in
cases where third countries adopt or maintain barriers to trade which violate
international, mainly WTO, agreements. The TBR gives industry the right effectively
to oblige the Commission to initiate an investigating procedure which could lead to
recourse to the dispute settlement procedures of the WTO.

13.2.

Legal framework of the TBR

13.2.1. Applicability

The Trade Barriers Regulation lays down several conditions for applicability. First,
in the third country concerned, a barrier to trade must exist that is contrary to an
international agreement to which that country and the Community is a signatory,
generally the WTO agreements but also any other international agreement. Second,
the alleged obstacle to trade must result in an adverse trade effect for the Community
enterprise or industry concerned. Third, it must be in the Community’s interests to
take action under the TBR.

13.2.2. Procedure

A complaint concerning an alleged trade barrier is lodged with the Commission. If
this is deemed admissible, within 45 days, an investigation procedure is initiated and
a notice is published in the Official Journal. The Commission services then gather all
the necessary information from the industry concerned, the authorities of the third
country involved and from any other interested parties or parties that may be able to
information. Provisions exist for the treatment of confidential
provide relevant
information supplied during the investigation. The investigation is carried out within
a 7 months period, at the end of which a report on the investigation’s findings is
submitted to the Member States.

13.2.3. Action under the TBR

During the investigation, discussions are usually held with third country authorities
on the alleged trade barrier and will encompass options to remedy the barrier to
trade. If, at the end of the investigation, the Commission concludes that a barrier to
trade does exist, it may proceed in a number of ways. The Commission may decide:

30

31

Regulation (EC) No 3286/94, OJ L 349, 22.12.94, p. 71.
Regulation (EC) No 2641/84, OJ L 252, 20.09.84, p. 1.

122

(i)

(ii)

to terminate the procedure because the third country has withdrawn the barrier
to trade,

to suspend the proceedings because the third country is in the process of taking
action to remove the barrier to trade,

(iii)

to suspend the proceedings because an appropriate settlement has been agreed
with the Community.

Where no appropriate action is taken by the third country to remedy a barrier to trade
confirmed by an investigation that is causing adverse effects within the Community,
the Commission may decide, if appropriate, to seek dispute settlement (generally
within the WTO). If such dispute settlement is successful but the third country does
not take action to end the practice concerned, the Council may adopt commercial
policy measures within thirty working days on the basis of a Commission proposal.

Since its entry into force, 16 cases have been brought under the Trade Barriers
Regulation: 4 against NAFTA countries (3 USA, 1 Canada), 8 against Latin
American countries (5 Brazil, 2 Argentina, and 1 Chile) and 4 against Asian
countries (1 Japan, 2 Republic of Korea, and 1 Thailand). Among those cases, 4 were
initiated in 1999.

13.2.3.1.Procedures initiated in 1999

(1) Brazil - export subsidies granted by the Brazilian export-financing programme
“PROEX” to purchasers of the Brazilian 30-seat regional jet Embraer ERJ-135
(notice of initiation published 17 April 1999):

A TBR investigation found that
the favourable interest rates offered to
purchasers of regional aircraft by the Brazilian authorities constitute a
prohibited export subsidy contrary to the WTO Agreement on Subsidies and
Countervailing Measures and that this was causing adverse trade effects for the
Community industry. During the investigation period, a WTO Panel, confirmed
by an Appellate Body decision established at the request of Canada, found
against the “PROEX” programme and recommended that Brazil abolish it by
18 November 1999. At the Dispute Settlement Body meeting of 19 November,
Canada declared that it was not satisfied with the measures announced by
Brazil to remedy the situation and the matter is currently under arbitration.
Consequently, the Commission has deferred any action pending the results of
the arbitration.

(2) Canada – lack of protection of the geographical indication of “Prosciutto di

Parma” (notice of initiation published 22 June 1999):

A complaint was made to the Commission alleging the absence of appropriate
legal remedies to effectively redress the unfair competition generated by the
use of the trademark “Parma” by Canadian producers of ham and a TBR
investigation was initiated on 22 June 1999. A report on the investigation’s
findings is due to be submitted to Member States early 2000.

123

(3) Republic of Korea - discrimination in rules and practices concerning pricing
and reimbursement of pharmaceutical products affecting trade of Community
pharmaceutical products in the Korean market (notice of initiation published
30 July 1999):

A TBR investigation is currently in progress and a report on the investigation is
due to be presented to Member States by the end of February 2000.

(4) Argentina - measures affecting import of textile and clothing products:
repetition of pre-shipment controls and customs valuation which penalise
imports; excessive requirements concerning certificates of origin which impede
trans-shipment of goods together with excessive customs documentation and
labelling (notice of initiation published 27 November 1999):

A TBR investigation procedure has recently been initiated and a report on the
investigation is expected to be presented to Member States by mid 2000.

13.2.3.2.Overview of the application of the TBR since its entry into force

(1) Thailand - legislation and enforcement of legislation concerning the protection
of intellectual property rights against piracy (notice of initiation published
20 July 1991 under the New Commercial Policy Instrument):

This investigation is now administered under the Trade Barriers Regulation.
The investigation procedure was suspended on 20 December 1995 following
the entry into force of new copyright legislation in Thailand and the creation of
a court specialised in intellectual proporty infringements. The Commission
services continue to monitor the situation in conjunction with the Thai
authorities and the industry.

(2) USA rules of origin for
22 November 1996):

textile products (notice of initiation published

In 1996, the US changed its origin rules for textile products with the result that
cotton, silk and man-made fibres fabrics imported into the Community at loom
state to be dyed and printed no longer qualify as of EC origin. A TBR
investigation found that the new rules constituted a barrier to trade contrary to
several WTO agreement provisions. An agreement was reached with the US
but the latter failed to implement the agreement.

The Commission decided to initiate WTO dispute settlement proceedings.
During consultations in that context, a new agreement was reached further to
which a Bill has been introduced in the US Congress and approved by the
Senate in November 1999 that will implement the agreement. Congress is
expected to act on the draft law by mid-2000.

(3) US

(Antidumping Act

of

1916)

(notice

of

initiation

published

25 February 1997):

A trade defence instrument prohibiting importers to import or sell articles from
any foreign country at a price substantially less than the market value or
wholesale price of such articles, at the time of importation, in the country of

124

production or other foreign countries to which they are commonly exported.
Lawsuits were initiated under the 1916 Act against a subsidiary of an EC
company, disrupting its activities and threatening its viability. As a result of
these lawsuits, EC steel exporters can no longer fully rely on their long
established distribution network in the US and can no longer guarantee regular
supply of the US market and other companies could also become the target of
further action by US competitors. A TBR investigation found that the 1916 Act
is inconsistent with the US obligations under the WTO Agreement and its
the
annexes. Having failed to reach a solution in informal consultations,
Commission initiated WTO dispute settlement proceedings and, in February
1999, the interested parties received a copy of the definitive report of the WTO
panel whose findings were in favour of the Community. The official panel
report is due to be circulated in March/April 2000.

(4) Argentina - tacit ban on exports of raw and semi-tanned bovine hides and
discriminatory internal taxes on imports of finished leather (additional VAT
initiation published
and advance payment of
26 February 1997):

income tax)

(notice of

These practices are seriously impeding trade flows in raw hides and
consequently the Community tanning industry‘s security of supply in such
products and artificially insulating the Argentinean leather market providing an
unfair competitive advantage to Argentinean tanners. Following the failure of
the Commission requested WTO dispute settlement
bilateral contacts,
procedures. WTO consultations took place on 5 February 1999 but no result
was achieved. A panel was finally established on 26 July 1999; the WTO
procedure is still pending.

(5) Brazil - lack of protection of Cognac appellation of origin and geographic

indications (notice of initiation published 2 April 1997):

An investigation found infringements of several bilateral or international
agreements related to the protection of intellectual and industrial property
rights. The investigation also found that this lack of protection is adversely
affecting trade of Cognac in favour of Brazilian producers of spirits with
similar appellation. Following bilateral contacts,
the Brazilian authorities
published on 11 May 1999 the registration of the geographical indication
“Cognac”. The Bureau National Interprofessionnel du Cognac should receive
the registration certificate confirming it as sole user of the “Cognac“ name by
mid-2000.

(6)

Japan – Restrictions on imports of finished leather that adversely affect
Community exports (notice of initiation published 9 April 1997):

A TBR investigation found that the Japanese management of the three tariff
leather appears contrary to the WTO Agreement on Import
quotas for
Licensing Procedures and causes adverse trade effects to the Community
leather industry. In addition, a large amount of subsidies seems to be granted in
this
and
Countervailing Measures. Bilateral discussions have been held with the
Japanese authorities before and after WTO consultations that took place on 26

in contradiction with the Agreement on Subsidies

sector

125

November 1998. The Commission is currently examining whether to pursue
WTO action on the issues involved.

(7) US legislation on copyright and related rights (notice of initiation published

11 June 1997):

Legislation exists in the US which exempts restaurants, bars, shops or any
other public venue from the obligation to obtain licences for the broadcast of
music works by radio or TV, provided certain conditions are met in terms of
surface and number of audio-visual devices. A TBR investigation found that
the existence of this legislation is in contravention of the TRIPs Agreement and
the Berne Convention and confirmed that a substantial loss of income had been
caused to Community right holders by the above-mentioned exemption.
Informal consultations failed to arrive at a solution and, in fact, on 7 October
1998 the US Congress adopted an extension of
the exemption. The
Commission initiated WTO dispute settlement proceedings and the results of a
panel are due in April 2000.

(8) Brazil - non-automatic import licensing system applied to stainless steel flat
products and operating through compulsory payment terms (notice of initiation
published 27 June 1997):

Shortly after the opening of the TBR procedure, the Brazilian authorities issued
a decree removing the products in the complaint from the list of products
subject
to the non-automatic licensing system. The TBR procedure was
therefore terminated.

(9) Brazil - non-automatic import licensing system applied to textile products and
operating through compulsory payment terms and minimum prices (notice of
initiation published 27 February 1998):

The investigation showed that
the sector of home textiles, particularly in
Belgium and Spain, suffered from the import licensing system. Following
bilateral contacts, the Brazilian authorities agreed to exclude from the import
investigation.
licensing system all

covered by the

textile products

However, it appeared that minimum prices continued to be imposed, notably at
the customs clearance stage, so the Commission decided to proceed to a WTO
on
procedure. WTO consultations
dispute
19 November 1999 (see also below, the case on Brazil – Sorbitol and CMC).
Following consultations, Brazil agreed to enquire into the issue;
the
Commission is currently monitoring changes to the Brazilian measures.

settlement

place

took

(10) Republic of Korea - Korean standards and other requirements that adversely
affect the import and marketing of Community cosmetic products in Korea
(notice of initiation published 19 May 1998):

A TBR investigation found the alleged practice to infringe the WTO
Agreement on Technical Barriers. Bilateral discussions took place and by
exchange of letters on 29-30 July 1999, the Korean authorities agreed to amend
the Korean regime. The new regime is due to be fully implemented by
15 January 2000 and is monitored by the Commission services.

126

(11) Chile - prohibition on the transit and transhipment of swordfish in Chilean

ports (notice of initiation published 10 July 1998):

The TBR investigation confirmed that the alleged barrier to trade caused
adverse trade effects to an industry and to a region of the Community (Galicia,
Spain) in breach of WTO law. No solution was found during the bilateral
discussions and the Commission services are currently evaluating other
options, such as WTO action or action within the framework of the Convention
on the Law of the Sea.

(12) Brazil - non-automatic import

licensing system applied to Sorbitol and
Carboxymethylcellulose (CMC) and operating through compulsory minimum
prices (notice of initiation published 24 November 1998):

The investigation found that the barrier to trade impeded Community exports
of sorbitol and CMC, causing adverse trade effects to the Community industry.
WTO consultations with Brazil were held on 19 November 1999. (see above
the case on Brazil – textile products).

127

ANNEXES : SUMMARY

1.

GENERAL TRENDS FOR 1999

–

–

–

The number of new investigations initiated (86) increased significantly in
comparison with the previous years (29 in 1998 and 45 in 1997).

The ratio between the number of new investigations concluded without the
imposition of definitive duties (22) and the number of new investigations
concluded by the imposition of definitive duties (21) remained stable. The
number of anti-circumvention and anti-absorption investigations increased,
the Community industry is closely following the anti-
which shows that
dumping and anti-subsidy measures.

The number of undertakings accepted in form of minimum prices (from 16
countries) has also increased, in line with the recommendations of the Essen
summit of Heads of States concerning the CEECs (preference given to
undertakings in place of duties) and Article 15 of the WTO Anti-dumping
Agreement, which invites to consider the particular situation of a developing
country involved in a proceeding.

2.

MAIN FEATURES

2.1.

Initiations

A total of 102 anti-dumping and 24 anti-subsidy investigations were initiated, split
up as follows :

–

–

–

–

–

–

–

86 new investigations (of which 66 anti-dumping and 20 anti-subsidy),
involving imports from 29 different countries and covering 32 products (see
Annex A)

13 expiry reviews (when a measure is about to expire, a review can be initiated
on the request by the Community producers. The measure remains in force
pending the outcome of such a review.) (see Annex G)

15 interim reviews (the need for the continued imposition of measures may be
reviewed on the initiative of the Commission, at the request of a Member State
or upon request by any exporter or importer or Community producer, when
circumstances have substantially changed) (see Annex H)

1 new exporter review (see Annex I)

4 anti-absorption investigations (see Annex J)

3 anti-circumvention investigations (see Annex K)

4 accelerated reviews (anti-subsidy) (see Annex L)

128

2.2. Measures

–

–

–

–

–

–

–

–

17 provisional measures (of which 12 anti-dumping and 5 anti-subsidy) were
imposed,
involving imports from 10 different countries and covering 8
products (see Annex D)

21 definitive measures were imposed (of which 18 anti-dumping and 3 anti-
subsidy),
involving imports from 14 different countries and covering 8
products (see Annex E)

the Commission accepted undertakings offered by exporters from 16 third
countries; in the salmon case, an undertaking was reinstated and a number of
undertakings were repealed either with the imposition of provisional measures
or with the imposition of definitive measures (see Annex M)

of the expiry reviews, 2 reviews were concluded with confirmation of duty (see
Annex G)

the interim reviews, 18 reviews were concluded with confirmation/

of
amendment of duty (see Annex H)

of the new exporter reviews, 2 were concluded with imposition/ amendment of
duty (see Annex I)

of the anti-circumvention investigations, 3 were concluded with extension of
duty (see Annex K)

of the accelerated reviews (AS), one was concluded (see Annex L).

2.3.

Terminations

–

–

–

–

22 new investigations (of which 17 anti-dumping and 5 anti-subsidy) were
terminated without the imposition of measures (see Annex F)

of the expiry reviews, 3 were terminated (see Annex G).

of the anti-circumvention investigations, 3 were terminated without extension
of duty (see Annex K)

in 7 cases,
Annex N)

the measures expired after the 5-year imposition period (see

Please note that those statistics are also available on the following Internet Website :
http://europa.eu.int/comm/dg01/trade10.htm.

129

ANNEX A

NEW INVESTIGATIONS INITIATED

DURING THE PERIOD 1 JANUARY – 31 DECEMBER 1999

Product

Country of origin

OJ Reference

Flat rolled products of iron or non-alloy steel

C 4
07.01.99, p. 3

Bulgaria
India
Iran
South Africa
Yugoslavia (Fed.Rep.)
Taiwan

Flat rolled products of iron or non-alloy steel
(AS)

Yellow phosphorus

Television camera systems

Parts of television camera systems

Compact-disc boxes

Video tapes on reels

Synthetic fibres of polyester (AD)

Synthetic fibres of polyester(AS)

Hot-rolled flat products of non-alloy steel

Steel wire rod

India
Taiwan
South Africa

R.P. China

USA

Japan

P.R. China

Rep. of Korea

Australia
Indonesia
Thailand

Australia
Indonesia
Rep. of Korea
Taiwan
Thailand

India
P.R. China
Romania

Turkey

C 5
08.01.99, p. 2

C 10
14.01.99, p. 3

C 17
22.01.99, p. 4

C 38
12.02.99, p. 2

C 63
05.03.99, p. 5

C 68
11.03.99, p. 13

C 111
22.04.99, p. 7

C 111
22.04.99, p. 3

C 133
13.05.99, p. 17

C 144
22.05.99, p. 10

130

Malleable cast iron tube or pipe fittings

Solutions of urea and ammonium nitrate

Stainless steel fasteners (AS)

One Dye Black 1 (ODB-1)

One Dye Black 2 (ODB-2)

Cathode-ray colour television picture tubes

Hair brushes

Glycine

SBS thermoplastic rubbers (AS)

SBS thermoplastic rubbers (AD)

Electronic weighing scales

Brazil
Croatia
Czech Rep.
Yugoslavia (Fed.Rep.)
Japan
P.R. China
Rep. of Korea
Thailand

Algeria
Belarus
Lithuania
Russia
Slovak Republic
Ukraine

Malaysia
Singapore
Philippines
Thailand

Japan

Japan

P.R. China
India
Rep. of Korea
Lithuania
Malaysia

P.R. China
Hong Kong
Rep. of Korea
Taiwan
Thailand

P.R. China

Taiwan

Taiwan

P.R. China
Rep. of Korea
Taiwan

C 151
29.05.99, p. 21

C 181
26.06.99, p. 27

C 181
26.06.99, p. 29

C 213
24.07.99, p. 2

C 213
24.07.99, p. 3

C 216
29.07.99, p. 3

C 231
13.08.99, p. 2

C 239
24.08.99, p. 4

C 241
26.08.99, p. 4

C 241
26.08.99, p. 5

C 262
16.09.99, p. 8

131

Woven glass fibre fabrics (AS)

Taiwan

Coke over 80 mm

Polyester staple fibres

Ammonium nitrate

Bicycle forks

Bicycle frames

Bicycle wheels

Polyethylene terephthalate (PET)

Polyethylene terephthalate (PET) (AS)

Polyester staple fibres

P.R. China

Rep. of Korea

Lithuania
Poland
Ukraine

P.R. China
Taiwan

P.R. China
Taiwan

P.R. China

India
Indonesia
Malaysia
Rep. of Korea
Taiwan
Thailand

India
Indonesia
Malaysia
Rep. of Korea
Taiwan
Thailand

India

C 262
16.09.99, p. 6

C 262
16.09.99, p. 10

C 285
07.10.99, p. 3

C 311
29.10.99, p. 3

C 318
05.11.99, p. 6

C 318
05.11.99, p. 9

C 318
05.11.99, p. 12

C 319
06.11.99, p. 4

C 319
06.11.99, p. 2

C 369
21.12.99, p. 20

132

ANNEX B

NEW INVESTIGATIONS INITIATED BY COUNTRY OF EXPORT

DURING THE PERIOD 1995 – 1999 (31 DECEMBER)

Country of origin
Algeria
Australia
Belarus
Brazil
Bulgaria
Canada
China (People's Republic of)
Croatia
Czech Republic
Egypt
Estonia
Hong Kong
Hungary
India
Indonesia
Iran
Japan
Kazakhstan
Korea (Rep. of)
Latvia
Lithuania
Macao
Malaysia
Mexico
Norway
Pakistan
Peru
Philippines
Poland
Romania
Russia
Saudi Arabia
Singapore
Slovakia
Slovenia
South Africa

1999
1
2
1
1
1
-
12
1
1
-
-
1
-
7
4
1
4
-
9
-
3
-
4
-
-
-
-
1
1
1
1
-
1
1
-
2

1995
-
-

1996
-
-

1997
-
-

1998
-
-

2
1
-
5
-
-
1
1
-
-
6
1
-
2
-
3
1
1
-
2
-
-
1
1
-
1
-
2
-
1
-
-
-

-
-
-
1
1
1
-
-
-
2
7
-
-
-
-
7
-
-
-
-
1
-
-
-
-
2
-
-
2
-
-
1
2

-
-
1
5
-
1
-
-
-
1
1
4
-
-
1
4
-
-
1
2
1
-
-
-
1
2
-
1
-
1
-
-
-

-
-
-
6
-
1
2
-
-
-
4
1
-
-
-
1
-
-
-
1
-
2
2
-
-
-
1
1
-
-
1
-
-

133

Taiwan
Thailand
Turkey
Ukraine
USA
Uzbekistan
Vietnam
Yugoslavia (Fed. Rep.)

-
4
-
1
-
1
-
-

1
-
1
-
-
-
-
-

4
3
1
1
3
-
1
-

-
-
-
2
-
-
-
-

33

25

45

29

12
7
1
2
1
-
-
2

86

134

ANNEX C

NEW INVESTIGATIONS INITIATED BY PRODUCT SECTOR

DURING THE PERIOD 1995 – 1999 (31 DECEMBER)

Product

1995

1996

1997

1998

1999

Chemical and allied

Textiles and allied

Wood and paper

Electronics

Other mechanical engineering

Iron and Steel

Others metal

Other

4

4

1

7

3

2

5

7

-

10

-

-

-

9

1

5

8

8

7

14

1

4

1

2

33

25

45

-

9

-

-

-

19

-

1

29

28

11

-

12

5

25

-

5

86

135

ANNEX D

NEW INVESTIGATIONS CONCLUDED BY THE IMPOSITION OF PROVISIONAL DUTIES

DURING THE PERIOD 1 JANUARY – 31 DECEMBER 1999

Product

Country of origin Regulation N° OJ Reference

Steel ropes and cables

R.P. China
Hungary
India
Mexico
Poland
South Africa
Ukraine

Stainless steel wire (< 1 mm)
(AS)

India
Rep. of Korea

Stainless steel wire (< 1 mm)

Rep. of Korea

Stainless steel wire (= or > 1
mm)

India

Stainless steel wire (= or > 1
mm) (AS)

India
Rep. of Korea

Seamless pipes and tubes

Polyethylene terephthalate
(PET) film (AS)

Croatia
Ukraine

India

Compact discs boxes

P.R. China

Commission Reg.
(EC) No 362/99
18.02.99

L 45
19.02.99
p. 8

Commission Reg.
(EC) No 619/99
23.03.99

Commission Reg.
(EC) No 616/99
23.03.99

Commission Reg.
(EC) No 617/99
23.03.99

Commission Reg.
(EC) No 618/99
23.03.99

Commission Reg.
(EC) No 1802/99
17.08.99

Commission Reg.
(EC) No 1810/99
17.08.99

Commission Reg.
(EC) No 2563/99
03.12.99

L 79
24.03.99
p. 60

L 79
24.03.99
p. 1

L 79
24.03.99
p. 13

L 79
24.03.99
p. 25

L 218
18.08.99
p. 3

L 219
19.08.99
p. 14

L 310
04.12.99
p. 17

136

ANNEX E

NEW INVESTIGATIONS CONCLUDED BY THE IMPOSITION OF DEFINITIVE DUTIES

DURING THE PERIOD 1 JANUARY – 31 DECEMBER 1999

Product

Country of origin Regulation N° OJ Reference

Hardboard

Bicycles

Polypropylene binder or baler
twine

Stainless steel wires (= or > 1
mm diameter) (AS)

Bulgaria
Estonia
Latvia
Lithuania
Poland
Russia

Taiwan

Poland
Czech Rep.
Hungary

India

Stainless steel wires (= or > 1
mm diameter) (AD)

India

Stainless steel wires (< 1 mm
diameter) (AS)

India

Steel ropes and cables

Polyethylene terephthalate
(PET) film (AS)

P.R. China
Hungary
India
Mexico
Poland
South Africa
Ukraine

India

Council Reg.
(EC) No 194/99
25.01.99

L 22
29.01.99
p. 16

Council Reg.
(EC) No 397/99
22.02.99

Council Reg.
(EC) No 603/99
15.03.99

Council Reg.
(EC) No 1599/99
12.07.99

Council Reg.
(EC) No 1600/99
12.07.99

Council Reg.
(EC) No 1601/99
12.07.99

Council Reg.
(EC) No 1796/99
12.08.99

L 49
25.02.99
p. 1

L 75
20.03.99
p. 1

L 189
22.07.99
p. 1

L 189
22.07.99
p. 19

L 189
22.07.99
p. 26

L 217
17.08.99
p. 1

Council Reg.
(EC) No 2597/99
06.12.99

L 316
10.12.99
p. 1

137

ANNEX F

NEW INVESTIGATIONS TERMINATED WITHOUT THE IMPOSITION OF MEASURES

DURING THE PERIOD 1 JANUARY – 31 DECEMBER 1999

Product

Country of origin Regulation N° OJ Reference

Laser optical reading systems

Hardboard

Japan
Korea
Malaysia
P.R. China
Taiwan

Brazil

Large electrolytic aluminium
capacitors

USA
Thailand

Polypropylene binder or baler
twine

Saudi Arabia

Polypropylene binder or baler
twine (AS)

Saudi Arabia

Stainless steel heavy plates

Slovenia
South Africa

Polyester textured filament
yarn (AD)

India
Rep. of Korea

Polyester textured filament
yarn (AS)

India
Rep. of Korea

Stainless steel wires (= or > 1
mm diameter) (AS)

Rep. of Korea

Stainless steel wires (= or > 1
mm diameter) (AD)

Rep. of Korea

Commission Dec.
No 1999/55/EC
21.12.98

Commission Dec.
No 1999/71/EC
06.01.99

15 months
deadline to impose
definitive
measures expired

Commission Dec.
No 1999/215/EC
16.03.99

Commission Dec.
No 1999/351/EC
27.05.99

Commission Dec.
1999/353/ECSC
28.05.99

Commission Dec.
1999/397/EC
14.06.99

Commission Dec.
1999/397/EC
14.06.99

Council Reg.
(EC) No 1599/99
12.07.99

Council Reg.
(EC) No 1600/99
12.07.99

L 18
23.01.99
p. 62

L 22
29.01.99
p. 71

L 75
20.03.99
p. 34

L 133
28.05.99
p. 62

L 135
29.05.99
p. 95

L 149
16.06.99
p. 60

L 149
16.06.99
p. 60

L 189
22.07.99
p. 1

L 189
22.07.99
p. 19

138

Stainless steel wires (< 1 mm
diameter) (AS)

Rep. of Korea

Stainless steel wires (< 1 mm
diameter) (AD)

Rep. of Korea

Steel ropes and cables

Rep. of Korea

Video tapes on reels

Rep. of Korea

Council Reg.
(EC) No 1601/99
12.07.99

Commission Dec.
No 1999/483/EC
15.07.99

Council Reg.
No 1796/99
12.08.99

Commission Dec.
No 1999/769/EC
25.11.99

L 189
22.07.99
p. 26

L 189
22.07.99
p. 50

L 217
17.08.99
p. 1

L 303
26.11.99
p. 28

139

ANNEX G

EXPIRY REVIEWS INITIATED OR CONCLUDED

DURING THE PERIOD 1 JANUARY – 31 DECEMBER 1999

Initiated

Product

Country of origin

OJ Reference

Ethanolamine32

USA

Fluorspar32

P.R. China

Potassium chloride32

Silicon carbide

Belarus
Russia
Ukraine

P.R. China
Russia
Ukraine

Television camera systems

Japan

Magnetic disks (3,5"
microdisks)

Hong Kong
Rep. of Korea

Potassium permanganate

P.R. China

Urea ammonium nitrate
solution32

Poland

C 27
02.02.99
p. 3

C 62
04.03.99
p. 3

C 80
23.03.99
p. 9

C 99
10.04.99
p. 18

C 119
30.04.99
p. 11

C 256
09.09.99
p. 3

C 323
11.11.99
p. 5

C 369
21.12.99
p. 22

32

Parallel expiry and interim review (see also Annex H)

140

Concluded : confirmation of duty

Product

Country of origin

Magnesium oxide

P.R. China

Synthetic fibres of polyester

Taiwan

Regulation/
Decision No

Council Reg.
(EC) No 1334/99
21.06.99

Council Reg.
(EC) No 1728/99
29.07.99

OJ Reference

L 159
25.06.99
p. 1

L 204
04.08.99
p. 3

Concluded : termination

Product

Country of origin

Regulation/
Decision No

OJ Reference

Ferro-silicon

Egypt
Poland

Synthetic fibres of polyester

Rep. of Korea

Commission Dec.
No 1999/426/EC
04.06.99

Council Reg.
(EC) No 1728/99
29.07.99

L 166
01.07.99
p. 91

L 204
04.08.99
p. 3

141

ANNEX H

INTERIM REVIEWS INITIATED OR CONCLUDED

DURING THE PERIOD 1 JANUARY – 31 DECEMBER 1999

Initiated

Product

Country of origin

OJ Reference

C 27
02.02.99
p. 3

C 62
04.03.99
p. 3

C 64
06.03.99
p. 12

C 77
20.03.99
p. 6

C 80
23.03.99
p. 9

C 143
21.05.99
p. 4

C 167
15.06.99
p. 5
C 181
26.06.99
p. 21

C 208
22.07.99
p. 19

C 218
30.07.99
p. 5

Ethanolamine33

USA

Fluorspar33

P.R. China

Personal fax machines

Japan
Singapore

Seamless pipes and tubes

Russia

Potassium chloride33

Polyester textured filament
yarn

Belarus
Russia
Ukraine

Taiwan

Microwave ovens (partial
review)

Rep. of Korea

Magnetic disks (3,5"
microdisks)

Taiwan

Tube or pipe fittings, of iron
or steel

Thailand

Polyester textured filament
yarn (PTY)

Malaysia

33

Parallel expiry and interim review (see also Annex G)

142

C 318
05.11.99
p. 9

C 369
21.12.99
p. 22

OJ Reference

L 94
09.04.99
p. 1

L 101
16.04.99
p. 1

L 241
11.09.99
p. 19

L 245
17.09.99
p. 1

L 307
02.12.99
p. 1

Regulation/
Decision No

Council Reg.
(EC) No 733/99
30.03.99

Council Reg.
(EC) No 772/99
30.03.99

Commission Dec.
No 1999/607/EC
10.09.99

Council Reg.
(EC) No 1976/99
13.09.99

Council Reg.
(EC) No 2537/99
29.11.99

Council Reg.
(EC) No 2722/99
17.12.99

L 328
22.12.99
p. 1

Bicycle parts

P.R. China

Urea ammonium nitrate
solution33

Poland

Concluded : confirmation/amendment of duty

Product

Country of origin

Calcium metal

P.R. China
Russia

Salmon (AD/AS)

Norway

Personal fax machines

Ferro-chrome (low carbon)

Magnetic disks (3,5"
microdisks)

Furfuraldehyde

Japan
Singapore

Kazakhstan
Russia
Ukraine

Japan
Taiwan
P.R. of China
Hong Kong
Rep. of Korea
Malaysia
Mexico
U.S.A.
Indonesia

P.R. China

143

ANNEX I

NEW EXPORTER REVIEWS INITIATED OR CONCLUDED

DURING THE PERIOD 1 JANUARY – 31 DECEMBER 1999

Initiated

Product

Country of origin

Handbags (leather)

P.R. China

Regulation/
Decision No

OJ Reference

Commission Reg.
(EC) No 152/99
22.01.99

L 18
23.01.99
p. 10

Concluded : imposition/amendment of duty

Product

Country of origin

Polyethylene/polypropylene
sacks and bags

India

Magnetic disks (3,5"
microdisks)

Indonesia

Regulation/
Decision No

Council Reg.
(EC) No 96/99
12.01.99

Council Reg.
(EC) No 1335/99
21.06.99

OJ Reference

L 11
16.01.99
p. 1

L 159
25.06.99
p. 14

Concluded : termination

Product

Country of origin

Regulation/
Decision No

OJ Reference

NONE

144

ANNEX J

ANTI-ABSORPTION INVESTIGATIONS INITIATED OR CONCLUDED

DURING THE PERIOD 1 JANUARY – 31 DECEMBER 1999

Initiated

Product

Country of origin

OJ Reference

Ring-binder mechanisms

P.R. China

Stainless steel fasteners &
parts thereof

Malaysia
Thailand

Magnesium (unwrought,
unalloyed)

P.R. China

C 14
19.01.99
p. 4

C 125
06.05.99
p. 12

C 253
04.09.99
p. 15

Concluded with increase of duty

Product

Country of origin

Regulation/
Decision No

OJ Reference

None

Concluded without increase of duty / termination

Product

Country of origin

Regulation/
Decision No

OJ Reference

None

145

ANNEX K

ANTI-CIRCUMVENTION INVESTIGATIONS INITIATED OR CONCLUDED

DURING THE PERIOD 1 JANUARY – 31 DECEMBER 1999

Initiated

Product

Country of origin

Magnetic disks (3,5"
microdisks)

P.R. China
Taiwan

Tube and pipe fittings of iron
or steel

P.R. China
(transhipped through
Taiwan)

Regulation/
Decision No

Commission Reg.
(EC) No 1646/99
27.07.99

Commission Reg.
(EC) No 1683/99
28.07.99

OJ Reference

L 195
28.07.99
p. 9

L 199
30.07.99
p. 26

Concluded with extension of duty

Product

Country of origin
and/or consignment

Regulation/
Decision No

OJ Reference

Lighters (refillable)

P.R. China
Taiwan

Lighters (non-refillable)

Taiwan

Council Reg.
(EC) No 192/99
25.01.99

Council Reg.
(EC) No 192/99
25.01.99

L 22
29.01.99
p. 1

L 22
29.01.99
p. 1

Concluded without extension of duty / termination

Product

Country of origin
and/or consignment

Regulation/
Decision No

OJ Reference

Lighters (non-refillable)

Hong Kong
Macao

Television camera systems

Japan

Council Reg.
(EC) No 192/99
25.01.99

Commission Dec.
No 1999/123/EC
09.02.99

L 22
29.01.99
p. 1

L 38
12.02.99
p. 56

146

ANNEX L

ACCELERATED REVIEW INVESTIGATIONS (ANTI-SUBSIDY) INITIATED OR CONCLUDED

DURING THE PERIOD 1 JANUARY – 31 DECEMBER 1999

Initiated

Product

Country of origin

OJ Reference

Stainless steel bars (AS)

India

Stainless steel wire (< 1 mm)
(AS)

India

Stainless steel wire (= or > 1
mm) (AS)

India

Stainless steel bars (AS)

India

C 19
23.01.99
p. 17

C 261
15.09.99
p. 4

C 288
09.10.99
p. 45

C 311
29.10.99
p. 2

Concluded

Product

Country of origin
and/or consignment

Regulation/
Decision No

OJ Reference

Stainless steel bars (AS)

India

Council Reg.
(EC) No 2049/99
27.09.99

L 255
30.09.99
p. 8

147

ANNEX M

UNDERTAKINGS ACCEPTED OR REPEALED

DURING THE PERIOD 1 JANUARY – 31 DECEMBER 1999

Undertakings accepted

Product

Country of origin Regulation N° OJ Reference

Hardboard

Polypropylene binder or baler
twine

Steel ropes and cables

Bulgaria
Estonia
Latvia
Lithuania
Poland

Poland
Czech Rep.
Hungary

Hungary
Poland

Mexico
South Africa
India
Ukraine

Flat pallets of wood

Poland

Salmon (AD/AS)

Norway

Commission Dec.
No 1999/71/EC
06.01.99

L 22
29.01.99
p. 71

Commission Dec.
No 1999/215/EC
16.03.99

Council Reg.
No 1796/99
12.08.99

Commission Dec.
No 1999/572/EC
13.08.99

Commission Dec.
No 1999/642/EC
10.09.99

Commission Reg.
(EC) No 2592/99
08.12.99

L 75
20.03.99
p. 34

L 217
17.08.99
p. 1

L 217
17.08.99
p. 63

L 255
30.09.99
p. 36

L 315
09.12.99
p. 17

Reinstatement of undertakings

Product

Country of origin Regulation N° OJ Reference

Salmon (AD/AS)

Norway

Commission Reg.
(EC) No 2592/99
08.12.99

L 315
09.12.99
p. 17

148

Undertakings repealed with imposition of provisional measures

Product

Country of origin Regulation N° OJ Reference

Salmon (AD/AS)

Norway

Salmon (AD/AS)

Norway

Salmon (AD/AS)

Norway

Salmon (AD/AS)

Norway

Commission Reg.
(EC) No 82/99
13.01.99

Commission Reg.
(EC) No 131/99
21.01.99

Commission Reg.
(EC) No 929/99
29.04.99

Commission Reg.
(EC) No 1826/99
23.08.99

L 8
14.01.99
p. 8

L 17
22.01.99
p. 12

L 115
04.05.99
p. 13

L 223
24.08.99
p. 3

Undertakings repealed with imposition of definitive measures

Product

Country of origin Regulation N° OJ Reference

Salmon (AD/AS)

Norway

Salmon (AD/AS)

Norway

Salmon (AD/AS)

Norway

Salmon (AD/AS)

Norway

Council Reg.
(EC) No 297/99
08.02.99

Council Reg.
(EC) No 1003/99
10.05.99

Council Reg.
(EC) No 1895/99
27.08.99

Council Reg.
(EC) No 2652/99
13.12.99

L 37
11.02.99
p. 1

L 123
13.05.99
p. 19

L 233
03.09.99
p. 1

L 325
17.12.99
p. 1

149

ANNEX N

MEASURES WHICH EXPIRED

DURING THE PERIOD 1 JANUARY – 31 DECEMBER 1999

Product

Country of origin

Original measure
&
OJ Reference

Publication

Ferro-silicon

South Africa

Isobutanol

Russia

Silicon carbide

Poland

Ammonium nitrate

Lithuania

Calcium metal

Urea ammonium nitrate
solution

P.R. China
Russia

Bulgaria

C 64
06.03.99
p. 13

C 76
19.03.99
p. 13

C 99
10.04.99
p. 17

C 156
03.06.99
p. 4

C 287
08.10.99
p. 2

C 371
22.12.99
p. 7

Council Reg.
(EC) No 621/94
(L 77, 19.03.94)

Council Reg.
(EC) No 721/94
(L 87, 31.03.94)

Council Reg.
(EC) No 821/94
(L 94, 13.04.94)

(undertaking)
Decision
No 94/293/EC
(L 129, 21.05.94)

Council Reg.
(EC) No 2557/94
(L 270, 21.10.94)

Council Reg.
(EC) No 3319/94
(L 350, 31.12.94)
(undertaking)
Decision
No 94/825/EC
(L350, 31.12.94)

150

ANNEX O

DEFINITIVE MEASURES IN FORCE ON 31 DECEMBER 1999

A.

RANKED BY PRODUCT

Product

Origin

Measure

Regulation N°

Publication

Council Reg.
(EC) No 2025/97
15.10.97

Council Reg.
(EC) No 2022/95
16.08.95
as last amended by
Council Reg.
(EC) No 663/98
23.03.98

Council Reg.
(EC) No 1951/97
06.10.97

Council Reg.
(EC) No 2398/97
28.11.97
as last amended by
Council Reg.
(EC) No 1421/99
28.06.99

Council Reg.
(EC) No 71/97
10.01.97

Council Reg.
(EC) No 2474/93
08.09.93

Council Reg.
(EC) No 648/96
28.03.96

Council Reg.
(EC) No 397/99
22.02.99

Council Reg.
(EC) No 2164/98
05.10.98

L 284,
16.10.97
p. 1

L 198,
23.08.95
p. 1

L 93
26.03.98
p. 1

L 276,
09.10.97
p. 9

L 332,
04.12.97
p. 1

L 166
01.07.99
p. 29

L 16,
18.01.97
p. 1

L 228,
09.09.93
p. 1

L 91,
12.04.96
p. 1

L 49
25.02.99
p. 1

L 273
09.10.98
p. 1

Advertising matches

Japan

Duties

Ammonium nitrate

Russia

Duties

Artificial corundum

P.R. China

Duties

Bed linen (cotton-type)

Egypt
India
Pakistan

Duties

Bicycle parts
(extension to bicycles)

P.R. China

Duties

Bicycles

P.R. China

Duties

Indonesia
Malaysia
Thailand

Taiwan

Broad spectrum antibiotics
(AS)

India

Duties

Duties

Duties

151

Chamottes (refractory)

P.R. China

Duties

Coumarin

P.R. China

Duties

Electronic weighing scales

Japan

Duties

Singapore

Duties

Ethanolamines

USA

Duties

Ferrochrome (low-carbon)

Kazakhstan
Russia

Duties

Ferro-silico-manganese

P.R. China
Ukraine

Duties

Ferro-silicon

Ukraine

Undertaking

Duties

Brazil
Kazakhstan
Ukraine
Venezuela
Russia

P.R. China

Duties

Council Reg.
(EC) No 137/96
22.01.96

Council Reg.
(EC) No 600/96
25.03.96

Council Reg.
(EC) No 993/93
26.04.93

Council Reg.
(EC) No 2887/93
20.10.93
as last amended by
Council Reg.
(EC) No 2937/95
20.12.95

Council Reg.
(EC) No 229/94
01.02.94

Council Reg.
(EC) No 2717/93
28.09.93
as last amended by
Council Reg.
(EC) No 1976/99
13.09.99

Council Reg.
(EC) No 495/98
23.02.98

Council Reg.
(EC) No 3359/93
02.12.93
as last amended by
Council Reg.
(EC) No 351/98
12.02.98

Council Reg.
(EC) No 621/94
17.03.94

L 21,
27.01.96
p. 1

L 86,
04.04.96
p. 1

L 104,
29.04.93
p. 4

L 263,
22.10.93
p. 1
L 307
20.12.95
p. 30

L 28,
02.02.94
p. 40

L 246,
02.10.93
p. 1

L 245
17.09.99
p. 1

L 62
03.03.98
p. 1

L302,
09.12.93
p. 1

L 42
14.02.98
p. 1

L 77,
19.03.94
p. 48

152

Flat pallets of wood

Poland

Duties

Undertaking

Undertaking

Undertaking

Undertaking

Fluorspar

P.R. China

Duties

Footwear with textile uppers

Footwear with uppers of
leather or plastics

Furfuraldehyde

P.R. China
Indonesia

P.R. China
Indonesia
Thailand

P.R. China

Duties

Duties

Duties

Glyphosate

P.R. China

Duties

Council Reg.
(EC) No 2334/97
24.11.97
as last amended by
Council Reg.
(EC) No 2048/99
27.09.99

Commission Reg.
(EC) No 1023/97
06.06.97

Commission Dec.
No 97/797/EC
07.11.97

Commission Dec.
No 98/554/EC
03.09.98

Commission Dec.
No 1999/643/EC
10.09.99

Council Reg.
(EC) No 486/94
04.03.94

Council Reg.
(EC) No 2155/97
29.10.97

Council Reg.
(EC) No 467/98
23.02.98

Council Reg.
(EC) No 2722/99
17.12.99

Council Reg.
(EC) No 368/98
16.02.98

Grain-oriented electrical steel
sheets

Russia

Duties
Undertakings

Commission Dec.
No 303/96/ECSC
19.02.96

L 324,
27.11.97
p. 1

L 255
30.09.99
p. 1

L 150
07.06.97
p. 4

L 324
27.11.97
p. 36

L 266
01.10.98
p. 82

L 255
30.09.99
p. 36

L 62,
05.03.94
p. 1

L 298,
01.11.97
p. 1

L 60
28.02.98
p. 1

L 328
22.12.99
p. 1

L 47
18.02.98
p. 1

L 42,
20.02.96
p. 7

153

Handbags (leather)

P.R. China

Duties

Hardboard

Large electrolytic aluminium
capacitors

Bulgaria
Estonia
Latvia
Lithuania
Poland
Russia

Bulgaria
Estonia
Latvia
Lithuania
Poland

Japan

Duties

Duties

Undertakings

Commission Dec.
No 1999/71/EC
06.01.99

L 22
29.01.99
p. 71

Council Reg.
(EC) No 1567/97
01.08.97
as last amended by
Council Reg.
(EC) No 2380/98
03.11.98

Council Reg.
(EC) No 194/99
25.01.99

L 208,
02.08.97
p. 31

L 296
05.11.98
p. 1

L 22
29.01.99
p. 16

Council Reg.
(EC) No 3482/92
30.11.92
as last amended by
Council Reg.
(EC) No 2593/97
19.12.97

Council Reg.
(EC) No 1384/94
13.06.94

L 353,
03.12.92
p. 1

L 351
23.12.97
p. 6

L 152,
18.06.94
p. 1

Rep. of Korea
Taiwan

Duties

154

Lighters (non-refillable)

Japan

Duties

P.R. China

Duties

Mexico
Philippines
Thailand

Mexico
Philippines
Thailand

Taiwan

P.R. China
Taiwan

Duties

Undertakings

Duties

Duties

Lighters (non-refillable)
(extension to lighters non-
refillable from China)

Lighters (refillable)
(extension to lighters non-
refillable from China)

Magnesia (deadburned)

P.R. China

Duties

Magnesium (unwrought,
unalloyed)

P.R. China

Duties

Russia
Ukraine

Russia
Ukraine

Duties

Undertakings

Magnesium oxide (caustic
magnesite)

P.R. China

Duties

Council Reg.
(EC) No 3433/91
25.11.91

Council Reg.
(EC) No 1006/95
03.04.95

Council Reg.
(EC) No 423/97
03.03.97
as last amended by
Council Reg.
(EC) No 1508/97
28.07.97

Commission Dec.
No 97/167/EC
25.02.97

Council Reg.
(EC) No 192/99
25.01.99

Council Reg.
(EC) No 192/99
25.01.99

Council Reg.
(EC) No 3386/93
06.12.93

Council Reg.
(EC) No 2402/98
03.11.98

Council Reg.
(EC) No 1347/96
02.07.96

Commission Dec.
No 96/422/EC
25.06.96

Council Reg.
(EC) No 1334/99
21.06.99

L 326,
28.11.91
p. 1

L 101,
04.05.95
p. 38

L 65,
06.03.97
p. 1

L 204
31.07.97
p. 7

L 65
06.03.97
p. 54

L 22
29.01.99
p. 1

L 22
29.01.99
p. 1

L 306,
11.12.93
p. 16

L 298
07.11.98
p. 1

L 174,
12.07.96
p. 1

L 174
12.07.98
p. 32

L 159,
25.06.99

p. 1

155

Magnetic disks (3,5”
microdisks)

P.R. China
Japan
Taiwan

Duties

Hong Kong
Rep. of Korea

Duties

Malaysia
Mexico
USA

Duties

Indonesia

Duties

Microwave ovens

Monosodium glutamate

P.R. China
Malaysia
Rep. of Korea
Thailand

Brazil
Vietnam
Rep. of Korea
Taiwan

Duties

Duties

Peroxidisulphates

P.R. China

Duties

Council Reg.
(EC) No 2861/93
18.10.93
as last amended by
Council Reg.
(EC) No 2537/99
29.11.99

Council Reg.
(EC) No 2199/94
09.09.94
as last amended by
Council Reg.
(EC) No 2537/99
29.11.99

Council Reg.
(EC) No 663/96
28.03.96
as last amended by
Council Reg.
(EC) No 2537/99
29.11.99

Council Reg.
(EC) No 1821/98
29.07.98
as last amended by
Council Reg.
(EC) No 2537/99
29.11.99

Council Reg.
(EC) No 5/96
22.12.95

Council Reg.
(EC) No 2051/98
24.09.98

Council Reg.
(EC) No 2961/95
18.12.95

L 262,
21.10.93
p. 4

L 307
02.12.99
p. 1

L 236,
10.09.94
p. 1

L 307
02.12.99
p. 1

L 92,
13.04.96
p. 1

L 307
02.12.99
p. 1

L 236
22.08.98
p. 1

L 307
02.12.99
p. 1

L 2,
04.01.96
p. 1

L 264
29.09.98
p. 1

L 308,
21.12.95
p. 61

156

Personal fax machines

P.R. China
Japan
Rep. of Korea
Malaysia
Singapore
Taiwan
Thailand

Duties

Council Reg.
(EC) No 904/98
27.04.98

L 128
30.04.98
p. 1

Council Reg.
(EC) No 2513/97
15.12.97

Council Reg.
(EC) No 1490/96
23.07.96

Council Reg.
(EC) No 1074/96
14.06.96

Council Reg.
(EC) No 2160/96
11.11.96
as last amended by
Council Reg.
(EC) No 1822/98
14.08.98

Council Reg.
(EC) No 1001/97
02.06.97

Council Reg.
(EC) No 1074/96
14.06.96

Council Reg.
(EC) No 1950/97
06.10.97
as last amended by
Council Reg.
(EC) No 96/99
12.01.99

Council Reg.
(EC) No 2597/99
06.12.99

L 346,
17.12.97
p. 1

L 189,
30.07.96
p. 13

L 141,
14.06.96
p. 45

L 289,
12.11.96
p. 14

L 236
22.08.98
p. 3

L 145,
05.06.97
p. 1

L 141
14.06.96
p. 45

L 276,
09.10.97
p. 1

L 11
16.01.99
p. 1

L 316
10.12.99
p. 1

Polyester filament tow

Belarus

Duties

(extension to polyester staple
fibre)

Polyester staple fibre

Belarus

Duties

Polyester textured filament
yarns (PTY)

Taiwan

Duties

Indonesia
Thailand

Duties

Malaysia

Duties

Polyester yarns (PTY/POY)

Turkey

Duties

Polyethylene/polypropylene
sacks & bags

India
Indonesia
Thailand

Polyethylene terephthalate
(PET) film (AS)

India

Duties

Duties

157

Polyolefin woven sacks

P.R. China

Duties

Polypropylene binder or baler
twine

Poland
Czech Rep.
Hungary

Duties

Undertakings

Polysulphide polymers

USA

Duties

Potassium chloride

Belarus
Russia
Ukraine

Duties

Potassium permanganate

P.R. China

Duties

India
Ukraine

Duties

Powdered activated carbon

P.R. China

Duties

Ring binder mechanisms

P.R. China
Malaysia

Duties

Council Reg.
(EC) No 2003/97
13.10.97

Council Reg.
(EC) No 603/99
15.03.99

Commission Dec.
No 1999/215/EC
16.03.99

Council Reg.
(EC) No 1965/98
09.09.98

Council Reg.
(EC) No 643/94
21.03.94
as last amended by
Council Reg.
(EC) No 449/98
23.02.98

Council Reg.
(EC) No 2819/94
17.11.94

Council Reg.
(EC) No 1507/98
13.07.98

Council Reg.
(EC) No 1006/96
03.06.96

Council Reg.
(EC) No 119/97
20.01.97

L 284,
16.10.97
p. 1

L 75
20.03.99
p. 1

L 75
20.03.99
p. 34

L 255
17.09.98
p. 1

L 80,
24.03.94
p. 1

L 58
27.02.98
p. 15

L 298,
19.11.94
p. 32

L 200
16.07.98
p. 4

L 134,
05.06.96
p. 20

L 22,
24.01.97
p. 1

158

Council Reg.
(EC) No 1890/97
26.09.97
repealed by
Council Reg.
(EC) No 772/99
30.03.99
as last amended by
Council Reg.
(EC) No 2652/99
13.12.99

Commission Dec.
No 97/634/EC
26.09.97
as last amended by
Commission Reg.
No 2592/99
08.12.99

Council Reg.
(EC) No 1891/97
26.09.97
repealed by
Council Reg.
(EC) No 772/99
30.03.99
as last amended by
Council Reg.
(EC) No 2652/99
13.12.99

Commission Dec.
No 97/634/EC
26.09.97
as last amended by
Commission Reg.
(EC) No 2592/99
08.12.99

L 267,
30.09.97
p. 1

L 101
16.04.99
p. 1

L 325
17.12.99
p. 1

L 267
30.09.97
p. 81

L 315
09.12.99
p. 17

L 267,
30.09.97
p. 19

L 101
16.04.99
p. 1

L 325
17.12.99
p. 1

L 267
30.09.97
p. 81

L 315
09.12.99
p. 17

Salmon (farmed Atlantic)
(AD)

Norway

Duties

Undertakings

Salmon (AS)

Norway

Duties

Undertakings

159

Seamless steel pipes and tubes

Silicon carbide

Czech Republic
Hungary
Poland
Romania
Russia
Slovak Republik

Czech Republic
Hungary
Poland
Romania
Slovak Republik

P.R. China
Russia
Ukraine

Duties

Council Reg.
(EC) No 2320/97
17.11.97

L 322,
25.11.97
p. 1

Undertakings

Commission Dec.
No 97/790/EC
24.10.97

L 322
25.11.97
p. 63

Duties

Council Reg.
(EC) No 821/94
12.04.94
as last amended by
Council Reg.
(EC) No 1786/97
15.09.97

Commission Dec.
No 94/202/EC
09.03.94

Council Reg.
(EC) No 2496/97
11.12.97

Council Reg.
(EC) No 2450/98
14.11.98
as last amended by
Council Reg.
(EC) No 2049/99
27.09.99

Council Reg.
(EC) No 393/98
16.02.98

L 94,
13.04.94
p. 21

L 254
17.09.97
p. 6

L 94
13.04.94
p. 32

L 345,
16.12.97
p. 1

L 304
14.11.98
p. 1

L 255
30.09.99
p. 8

L 50
20.02.98
p. 1

Russia

Undertakings

Silicon metal

P.R. China

Duties

Stainless steel bars (AS)

India

Duties

Stainless steel fasteners

Duties

P.R. China
India
Rep. of Korea
Malaysia
Taiwan
Thailand

Stainless steel wire (= or > 1
mm diameter) (AS)

India

Duties

Council Reg.
(EC) No 1599/99
12.07.99

L 189
22.07.99
p. 1

160

L 189
22.07.99
p. 19

L 189
22.07.99
p. 26

L 217
17.08.99
p. 1

L 217
17.08.99
p. 1

L 217
17.08.99
p. 63

L 183
26.06.98
p. 1

L 204,
04.08.99
p. 3

L 111,
30.04.94
p. 106

L 22
29.01.99
p. 10

L 73,
01.04.95
p. 3

L 324,
02.12.98
p. 1

Council Reg.
(EC) No 1796/99
12.08.99

Commission Dec.
No 1999/572/EC
13.08.99

Council Reg.
(EC) No 1312/98
24.06.98

Council Reg.
(EC) No 1728/99
04.08.99

Council Reg.
(EC) No 1015/94
29.04.94
as last amended by
Council Reg.
(EC) No 193/99
25.01.99

Council Reg.
(EC) No 710/95
27.03.95
as last amended by
Council Reg.
(EC) No 2584/98
27.11.98

Stainless steel wires (= or >
1 mm diameter) (AD)

India

Stainless steel wires (< 1 mm
diameter) (AS)

India

Steel ropes and cables

P.R. China
Hungary
India
Mexico
Poland
South Africa
Ukraine

Hungary
Poland

India
Mexico
South Africa
Ukraine

Duties

Duties

Duties

Council Reg.
(EC) No 1600/99
12.07.99

Council Reg.
(EC) No 1601/99
12.07.99

Council Reg.
(EC) No 1796/99
12.08.99

Undertakings

Undertakings

Synthetic fibre ropes

India

Duties

Synthetic fibres of polyester

Taiwan

Duties

Television camera systems

Japan

Duties

Televisions (colour)

Duties

Malaysia
Singapore
Thailand
Rep. of Korea
P.R. China

161

Tube and pipe fitting, of iron
or steel

P.R. China
Croatia
Thailand

Croatia
Thailand

Duties

Undertakings

Tungsten carbide and fused
tungsten carbide

P.R. China

Duties

Urea

Russia

Duties

Urea ammonium nitrate

Poland

Duties

Zinc (unwrought unalloyed)

Poland
Russia

Duties

Poland

Undertakings

Council Reg.
(EC) No 584/96
11.03.96

Commission Dec.
No 96/252/EC
01.03.96

Council Reg.
(EC) No 771/98
07.04.98

Council Reg.
(EC) No 477/95
16.01.95

Council Reg.
(EC) No 3319/94
22.12.94

Council Reg.
(EC) No 1931/97
22.09.97

Commission Dec.
No 97/644/EC
03.09.97

L 84,
03.04.96
p. 1

L 84
03.04.96
p. 46

L 111,
09.04.98
p. 1

L 49,
04.03.95
p. 1

L 350,
31.12.94
p. 20

L 272,
04.10.97
p. 1

L 272
04.10.97
p. 50

162

B.

RANKED BY COUNTRY

Origin

Product

Measure

Regulation N°

Publication

Belarus

Polyester filament tow
(extension to polyester staple
fibre)

Duties

Polyester staple fibre

Duties

Potassium chloride

Duties

Brazil

Ferro-silicon

Duties

Monosodium glutamate

Duties

Bulgaria

Hardboard

Duties

Undertakings

P.R. China

Artificial corundum

Duties

Bicycle parts (extension to
bicycles)

Bicycles

Duties

Duties

Council Reg.
(EC) No 2513/97
15.12.97

Council Reg.
(EC) No 1490/96
23.07.96

Council Reg.
(EC) No 643/94
21.03.94
as last amended by
Council Reg.
(EC) No 449/98
23.02.98

Council Reg.
(EC) No 3359/93
02.12.93
as last amended by
Council Reg.
(EC) No 351/98
12.02.98

Council Reg.
(EC) No 2051/98
24.09.98

Council Reg.
(EC) No 194/99
25.01.99

Commission Dec.
No 1999/71/EC
06.01.99

Council Reg.
(EC) No 1951/97
06.10.97

Council Reg.
(EC) No 71/97
10.01.97

Council Reg.
(EC) No 2474/93
08.09.93

L 346,
17.12.97
p. 1

L 189,
30.07.96
p. 13

L 80,
24.03.94
p. 1

L 58
27.02.98
p. 15

L 302,
09.12.93
p. 1

L 42
14.02.98
p. 1

L 264
29.09.98
p. 1

L 22
29.01.99
p. 16

L 22
29.01.99
p. 71

L 276,
09.10.97
p. 9

L 16,
18.01.97
p. 1

L 228,
09.09.93
p. 1

163

Chamottes (refractory)

Duties

Coumarin

Duties

Ferro-silico-manganese

Duties

Ferro-silicon

Fluorspar

Duties

Duties

Footwear with textile uppers

Duties

Footwear with uppers of
leather or plastics

Duties

Furfuraldehyde

Duties

Glyphosate

Duties

Handbags (leather)

Duties

Lighters (non-refillable)

Duties

Council Reg.
(EC) No 137/96
22.01.96

Council Reg.
(EC) No 600/96
25.03.96

Council Reg.
(EC) No 495/98
23.02.98

Council Reg.
(EC) No 621/94
17.03.94

Council Reg.
(EC) No 486/94
04.03.94

Council Reg.
(EC) No 2155/97
29.10.97

Council Reg.
(EC) No 467/98
23.02.98

Council Reg.
(EC) No 2722/99
17.12.99

Council Reg.
(EC) No 368/98
16.02.98

Council Reg.
(EC) No 1567/97
01.08.97
as last amended by
Council Reg.
(EC) No 2380/98
03.11.98

Council Reg.
(EC) No 1006/95
03.04.95

L 21,
27.01.96
p. 1

L 86,
04.04.96
p. 1

L 62
03.03.98
p. 1

L 77,
19.03.94
p. 48

L 62,
05.03.94
p. 1

L 298,
01.11.97
p. 1

L 60
28.02.98
p. 1

L 328
22.12.99
p. 1

L 47
18.02.98
p. 1

L 208,
02.08.97
p. 31

L 296
05.11.98
p. 1

L 101,
04.05.95
p. 38

164

Lighters (refillable)
(extension to lighters non-
refillable from China)

Duties

Magnesia (deadburned)

Duties

Magnesium (unwrought,
unalloyed)

Magnesium oxide (caustic
magnesite)

Magnetic disks (3,5”
microdisks)

Duties

Duties

Duties

Microwave ovens

Duties

Peroxidisulphates

Duties

Personal fax machines

Duties

Polyolefin woven sacks

Duties

Potassium permanganate

Duties

Powdered activated carbon

Duties

Ring binder mechanisms

Duties

Council Reg.
(EC) No 192/99
25.01.99

Council Reg.
(EC) No 3386/93
06.12.93

Council Reg.
(EC) No 2402/98
03.11.98

Council Reg.
(EC) No 1334/99
21.06.99

Council Reg.
(EC) No 2861/93
18.10.93

Council Reg.
(EC) No 5/96
22.12.95

Council Reg.
(EC) No 2961/95
18.12.95

Council Reg.
(EC) No 904/98
27.04.98

Council Reg.
(EC) No 2003/97
13.10.97

Council Reg.
(EC) No 2819/94
17.11.94

Council Reg.
(EC) No 1006/96
03.06.96

Council Reg.
(EC) No 119/97
20.01.97

L 22
29.01.99
p. 1

L 306,
11.12.93
p. 16

L 298
07.11.98
p. 1

L 159,
25.06.99
p. 1

L 262,
21.10.93
p. 4

L 2,
04.01.96
p. 1

L 308,
21.12.95
p. 61

L 128
30.04.98
p. 1

L 284,
16.10.97
p. 1

L 298,
19.11.94
p. 32

L 134,
05.06.96
p. 20

L 22,
24.01.97
p. 1

165

Silicon carbide

Duties

Silicon metal

Duties

Stainless steel fasteners

Duties

Steel ropes and cables

Duties

Televisions (colour)

Duties

Tube and pipe fitting, of iron
or steel

Tungsten carbide and fused
tungsten carbide

Croatia

Tube and pipe fitting, of iron
or steel

Duties

Duties

Duties

Undertakings

Council Reg.
(EC) No 821/94
12.04.94
as last amended by
Council Reg.
(EC) No 1786/97
15.09.97

Council Reg.
(EC) No 2496/97
11.12.97

Council Reg.
(EC) No 393/98
16.02.98

Council Reg.
(EC) No 1796/99
12.08.99

Council Reg.
(EC) No 710/95
27.03.95
as last amended by
Council Reg.
(EC) No 2584/98
27.11.98

Council Reg.
(EC) No 584/96
11.03.96

Council Reg.
(EC) No 771/98
07.04.98

Council Reg.
(EC) No 584/96
11.03.96

Commission Dec.
No 96/252/EC
01.03.96

L 94,
13.04.94
p. 21

L 254
17.09.97
p. 6

L 345,
16.12.97
p. 1

L 50
20.02.98
p. 1

L 217
17.08.99
p. 1

L 73
01.04.95
p. 3

L 324
02.12.98
p. 1

L 84,
03.04.96
p. 1

L 111,
09.04.98
p. 1

L 84,
03.04.96
p. 1

L 84,
03.04.96
p. 46

166

Council Reg.
(EC) No 603/99
15.03.99

Commission Dec.
No 1999/215/EC
16.03.99

Council Reg.
(EC) No 2320/97
17.11.97

Commission Dec.
No 97/790/EC
24.10.97

Council Reg.
(EC) No 2398/97
28.11.97
as last amended by
Council Reg.
(EC) No 1421/99
28.06.99

Council Reg.
(EC) No 194/99
25.01.99

Commission Dec.
No 1999/71/EC
06.01.99

Council Reg.
(EC) No 2199/94
09.09.94

Council Reg.
(EC) No 603/99
15.03.99

Commission Dec.
No 1999/215/EC
16.03.99

L 75
20.03.99
p. 1

L 75
20.03.99
p. 34

L 322,
25.11.97
p. 1

L 322,
25.11.97
p. 63

L 332,
04.12.97
p. 1

L 166
01.07.99
p. 29

L 22
29.01.99
p. 16

L 22
29.01.99
p. 71

L 236,
10.09.94
p. 1

L 75
20.03.99
p. 1

L 75
20.03.99
p. 34

Czech Republic

Polypropylene binder or baler
twine

Duties

Undertakings

Seamless steel pipes and tubes

Duties

Undertakings

Egypt

Bed linen (cotton-type)

Duties

Estonia

Hardboard

Duties

Hong Kong

Magnetic disks (3,5”
microdisks)

Hungary

Polypropylene binder or baler
twine

Undertakings

Duties

Duties

Undertakings

167

Council Reg.
(EC) No 2320/97
17.11.97

Commission Dec.
No 97/790/EC
24.10.97

Council Reg.
(EC) No 1796/99
12.08.99

Council Reg.
(EC) No 2398/97
28.11.97
as last amended by
Council Reg.
(EC) No 1421/99
28.06.99

Council Reg.
(EC) No 2164/98
05.10.98

Council Reg.
(EC) No 1950/97
06.10.97
as last amended by
Council Reg.
(EC) No 96/99
12.01.99

Council Reg.
(EC) No. 2597/99
06.12.99

Council Reg.
(EC) No 1507/98
13.07.98

Council Reg.
(EC) No 2450/98
13.11.98
as last amended by
Council Reg.
(EC) No 2049/99
27.09.99

L 322,
25.11.97
p. 1

L 322,
25.11.97
p. 63

L 217
17.08.99
p. 1

L 91
12.04.96
p. 1

L 166
01.07.99
p. 29

L 273
09.10.98
p. 1

L 276
09.10.97
p. 1

L 11
16.01.99
p. 1

L 316
10.12.99
p. 1

L 200
16.07.98
p. 4

L 304
14.11.98
p. 1

L 255
30.09.99
p. 8

Seamless steel pipes and tubes

Duties

Steel ropes and cables

Undertakings

Duties
Undertakings

India

Bed linen (cotton-type)

Duties

Broad spectrum antibiotics
(AS)

Polyethylene/polypropylene
sacks & bags

Duties

Duties

Polyethylene terephthalate
(PET) film (AS)

Duties

Potassium permanganate

Duties

Stainless steel bars (AS)

Duties

168

Stainless steel fasteners

Duties

Stainless steel wire (= or > 1
mm diameter) (AS)

Stainless steel wires (= or >
1 mm diameter) (AD)

Stainless steel wires (< 1 mm
diameter) (AS)

Duties

Duties

Duties

Steel ropes and cables

Duties

Undertakings

Synthetic fibre ropes

Duties

Indonesia

Bicycles

Duties

Footwear with textile uppers

Duties

Footwear with uppers of
leather or plastics

Magnetic disks (3,5”
microdisks)

Duties

Duties

Council Reg.
(EC) No 393/98
16.02.98

Council Reg.
(EC) No 1599/99
12.07.99

Council Reg.
(EC) No 1600/99
12.07.99

Council Reg.
(EC) No 1601/99
12.07.99

Council Reg.
(EC) No 1796/99
12.08.99

Commission Dec.
No 1999/572/EC
13.08.99

Council Reg.
(EC) No 1312/98
24.06.98

Council Reg.
(EC) No 648/96
28.03.96

Council Reg.
(EC) No 2155/97
29.10.97

Council Reg.
(EC) No 467/98
23.02.98

Council Reg.
(EC) No 1821/98
29.07.98

L 50
20.02.98
p. 1

L 189
22.07.99
p. 1

L 189
22.07.99
p. 19

L 189
22.07.99
p. 26

L 217
17.08.99
p. 1

L 217
17.08.99
p. 63

L 183
26.06.98
p. 1

L 91,
12.04.96
p. 1

L 298,
01.11.97
p. 1

L 60
28.02.98
p. 1

L 236
22.08.98
p. 1

169

Polyester textured filament
yarns (PTY)

Duties

Polyethylene/polypropylene
sacks & bags

Duties

Japan

Advertising matches

Duties

Electronic weighing scales

Duties

Large electrolytic aluminium
capacitors

Duties

Lighters (non-refillable)

Duties

Magnetic disks (3,5”
microdisks)

Duties

Personal fax machines

Duties

Council Reg.
(EC) No 2160/96
11.11.96
as last amended by
Council Reg.
(EC) No 1822/98
14.08.98

Council Reg.
(EC) No 1950/97
06.10.97
as last amended by
Council Reg.
(EC) No 96/99
12.01.99

Council Reg.
(EC) No 2025/97
15.10.97

Council Reg.
(EC) No 993/93
26.04.93

Council Reg.
(EC) No 3482/92
30.11.92
as last amended by
Council Reg.
(EC) No 2593/97
19.12.97

Council Reg.
(EC) No 3433/91
25.11.91

Council Reg.
(EC) No 2861/93
18.10.93

Council Reg.
(EC) No 904/98
27.04.98

L 289,
12.11.96
p. 14

L 236
22.08.98
p. 3

L 276,
09.10.97
p. 1

L 11
16.01.99
p. 1

L 284,
16.10.97
p. 1

L 104,
29.04.93
p. 4

L 353,
03.12.92
p. 1

L 351
23.12.97
p. 6

L 326,
28.11.91
p. 1

L 262,
21.10.93
p. 4

L 128
30.04.98
p. 1

170

Television camera systems

Duties

Kazakhstan

Ferrochrome (low-carbon)

Duties

Ferro-silicon

Duties

Korea (Rep. of)

Large electrolyte aluminium
capacitors

Magnetic disks (3,5”
microdisks)

Duties

Duties

Microwave ovens

Duties

Monosodium glutamate

Duties

Personal fax machines

Duties

Stainless steel fasteners

Duties

Council Reg.
(EC) No 1015/94
29.04.94
as last amended by
Council Reg.
(EC) No 193/99
25.01.99

Council Reg.
(EC) No 2717/93
28.09.93
as last amended by
Council Reg.
(EC) No 1976/99
13.09.99

Council Reg.
(EC) No 3359/93
02.12.93
as last amended by
Council Reg.
(EC) No 351/98
12.02.98

Council Reg.
(EC) No 1384/94
13.06.94

Council Reg.
(EC) No 2199/94
09.09.94

Council Reg.
(EC) No 5/96
22.12.95

Council Reg.
(EC) 2051/98
24.09.98

Council Reg.
(EC) No 904/98
27.04.98

Council Reg.
(EC) No 393/98
16.02.98

L 111,
30.04.94
p. 106

L 22
29.01.99
p. 10

L 246,
02.10.93
p. 1

L 245
17.09.99
p. 1

L 302,
09.12.93
p. 1

L 42
14.02.98
p. 1

L 152,
18.06.94
p. 1

L 236,
10.09.94
p. 1

L 2,
04.01.96
p. 1

L 264
29.09.98
p. 1

L 128
30.04.98
p. 1

L 50
20.02.98
p. 1

171

Televisions (colour)

Duties

Latvia

Hardboard

Duties

Undertakings

Lithuania

Hardboard

Duties

Malaysia

Bicycles

Magnetic disks (3,5”
microdisks)

Undertakings

Duties

Duties

Microwave ovens

Duties

Personal fax machines

Duties

Polyester textured filament
yarns (PTY)

Duties

Ring binder mechanisms

Duties

Council Reg.
(EC) No 710/95
27.03.95
as last amended by
Council Reg.
(EC) No 2584/98
27.11.98

Council Reg.
(EC) No 194/99
25.01.99

Commission Dec.
No 1999/71/EC
06.01.99

Council Reg.
(EC) No 194/99
25.01.99

Commission Dec.
No 1999/71/EC
06.01.99

Council Reg.
(EC) No 648/96
28.03.96

Council Reg.
(EC) No 663/96
28.03.96

Council Reg.
(EC) No 5/96
22.12.95

Council Reg.
(EC) No 904/98
27.04.98

Council Reg.
(EC) No 1001/97
02.06.97

Council Reg.
(EC) No 119/97
20.01.97

L 73
01.04.95
p. 3

L 324,
02.12.98
p. 1

L 22
29.01.99
p. 16

L 22
29.01.99
p. 71

L 22
29.01.99
p. 16

L 22
29.01.99
p. 71

L 91,
12.04.96
p. 1

L 92,
13.04.96
p. 1

L 2,
04.01.96
p. 1

L 128
30.04.98
p. 1

L 145,
05.06.97
p. 1

L 22,
24.01.97
p. 1

172

Stainless steel fasteners

Duties

Televisions (colour)

Duties

Mexico

Lighters (non-refillable)

Duties

Undertakings

Magnetic disks (3,5”
microdisks)

Duties

Steel ropes and cables

Duties

Undertakings

Council Reg.
(EC) No 393/98
16.02.98

Council Reg.
(EC) No 710/95
27.03.95
as last amended by
Council Reg.
(EC) No 2584/98
27.11.98

Council Reg.
(EC) No 423/97
03.03.97
as last amended by
Council Reg.
(EC) No 1508/97
28.07.97

Commission Dec.
No 97/167/EC
25.02.97

Council Reg.
(EC) No 663/96
28.03.96

Council Reg.
(EC) No 1796/99
12.08.99

Commission Dec.
No 1999/572/EC
13.08.99

L 50
20.02.98
p. 1

L 73,
01.04.95
p. 3

L 324
02.12.98
p. 1

L 65,
06.03.97
p. 1

L 204
31.07.97
p. 7

L 65,
06.03.97
p. 54

L 92,
13.04.96
p. 1

L 217
17.08.99
p. 1

L 217
17.08.99
p. 63

173

Norway

Salmon (AD)

Duties

Undertakings

Salmon (AS)

Duties

Undertakings

Pakistan

Bed linen (cotton-type)

Duties

Council Reg.
(EC) No 1890/97
26.09.97
repealed by
Council Reg.
(EC) No 772/99
30.03.99
as last amended by
Council Reg.
(EC) No 2652/99
13.12.99

Commission Dec.
No 97/634/EC
26.09.97
as last amended by
Commission Reg.
(EC) No 2592/99
08.12.99

Council Reg.
(EC) No 1891/97
26.09.97
repealed by
Council Reg.
(EC) No 772/99
30.03.99
as last amended by
Council Reg.
(EC) No 2652/99
13.12.99

Commission Dec.
(EC) No 634/97
26.09.97
as last amended by
Commission Reg.
(EC) No 2592/99
08.12.99

Council Reg.
(EC) No 2398/97
28.11.97
as last amended by
Council Reg.
(EC) No 1421/99
28.06.99

L 267,
30.09.97
p. 1

L 101
16.04.99
p. 1

L 325
17.12.99
p. 1

L 267,
30.09.97
p. 81

L 315
09.12.99
p. 17

L 267,
30.09.97
p. 19

L 101
16.04.99
p. 1

L 325
17.12.99
p. 1

L 267,
30.09.97
p. 81

L 315
09.12.99
p. 17

L 332,
04.12.97
p. 1

L 166
01.07.99
p. 29

174

Council Reg.
(EC) No 423/97
03.03.97
as last amended by
Council Reg.
(EC) No 1508/97
28.07.97

Commission Dec.
No 97/167/EC
25.02.97

Council Reg.
(EC) No 2334/97
24.11.97
as last amended by
Council Reg.
(EC) No 2048/99
27.09.99

Commission Reg.
(EC) No 1023/97
06.06.97

Commission Dec.
No 97/797/EC
07.11.97

Commission Dec.
No 98/554/EC
03.09.98

Commission Dec.
No 1999/642/EC
10.09.99

Council Reg.
(EC) No 194/99
25.01.99

Commission Dec.
No 1999/71/EC
06.01.99

L 65,
06.03.97
p. 1

L 204
31.07.97
p. 7

L 65,
06.03.97
p. 54

L 324,
27.11.97
p. 1

L 255
30.09.99
p. 1

L 150
07.06.97
p. 4

L 324
27.11.97
p. 36

L 266
01.10.98
p. 82

L 255
30.09.99
p. 36

L 22
29.01.99
p. 16

L 22
29.01.99
p. 71

Philippines

Lighters (non-refillable)

Duties

Undertakings

Poland

Flat pallets of wood

Duties

Undertakings

Undertakings

Undertakings

Undertakings

Hardboard

Duties

Undertakings

175

Polypropylene binder or baler
twine

Duties

Undertakings

Seamless steel pipes and tubes

Duties

Steel ropes and cables

Undertakings

Duties
Undertakings

Urea ammonium nitrate

Duties

Zinc (unwrought unalloyed)

Duties

Undertakings

Romania

Seamless steel pipes and tubes

Duties

Undertakings

Russia

Ammonium nitrate

Duties

Council Reg.
(EC) No 603/99
15.03.99

Commission Dec.
No 1999/215/EC
16.03.99

Council Reg.
(EC) No 2320/97
17.11.97

Commission Dec.
No 97/790/EC
24.10.97

Council Reg.
(EC) No 1796/99
12.08.99

Council Reg.
(EC) No 3319/94
22.12.94

Council Reg.
(EC) No 1931/97
22.09.97

Commission Dec.
No 97/644/EC
03.09.97

Council Reg.
(EC) No 2320/97
17.11.97

Commission Dec.
No 97/790/EC
24.10.97

Council Reg.
(EC) No 2022/95
16.08.95
as last amended by
Council Reg.
(EC) No 663/98
23.03.98

L 75
20.03.99
p. 1

L 75
20.03.99
p. 34

L 322,
25.11.97
p. 1

L 322,
25.11.97
p. 63

L 217
17.08.99
p. 1

L 350,
31.12.94
p. 20

L 272,
04.10.97
p. 1

L 272,
04.10.97
p. 50

L 322,
25.11.97
p. 1

L 322,
25.11.97
p. 63

L 198,
23.08.95
p. 1

L 93
26.03.98
p. 1

176

Ferrochrome (low-carbon)

Duties

Ferro-silicon

Duties

Grain-oriented electrical steel
sheets

Duties
Undertakings

Hardboard

Magnesium (unwrought,
unalloyed)

Duties

Duties

Undertakings

Potassium chloride

Duties

Seamless steel pipes and tubes

Duties

Council Reg.
(EC) No 2717/93
28.09.93
as last amended by
Council Reg.
(EC) No 1976/99
13.09.99

Council Reg.
(EC) No 3359/93
02.12.93
as last amended by
Council Reg.
(EC) No 351/98
12.02.98

Commission Dec.
No 303/96/ECSC
19.02.96

Council Reg.
(EC) No 194/99
25.01.99

Council Reg.
(EC) No 1347/96
02.07.96

Commission Dec.
No 96/422/EC
25.06.96

Council Reg.
(EC) No 643/94
21.03.94
as last amended by
Council Reg.
(EC) No 449/98
23.02.98

Council Reg.
(EC) No 2320/97
17.11.97

L 246,
02.10.93
p. 1

L 245
17.09.99
p. 1

L 302,
09.12.93
p. 1

L 42
14.02.98
p. 1

L 42,
20.02.96
p. 7

L 22
29.01.99
p. 16

L 174,
12.07.96
p. 1

L 174,
12.07.96
p. 32

L 80,
24.03.94
p. 1

L 58
27.02.98
p. 15

L 322,
25.11.97
p. 1

177

Council Reg.
(EC) No 821/94
12.04.94
as last amended by
Council Reg.
(EC) No 1786/97
15.09.97

Commission Dec.
No 94/202/EC
09.03.94

Council Reg.
(EC) No 477/95
16.01.96

Council Reg.
(EC) No 1931/97
22.09.97

Council Reg.
(EC) No 2887/93
20.10.93
as last amended by
Council Reg.
(EC) No 2937/95
20.12.95

Council Reg.
(EC) No 904/98
27.04.98

Council Reg.
(EC) No 710/95
27.03.95
as last amended by
Council Reg.
(EC) No 2584/98
27.11.98

Council Reg.
(EC) No 2320/97
17.11.97

Commission Dec.
No 97/790/EC
24.10.97

L 94,
13.04.94
p. 21

L 254
17.09.97
p. 6

L 94,
13.04.94
p. 32

L 49,
04.03.95
p. 1

L 272,
04.10.97
p. 1

L 263,
22.10.93
p. 1

L 307
20.12.95
p. 30

L 128
30.04.98
p. 1

L 73,
01.04.95
p. 3

L 324
02.12.98
p. 1

L 322,
25.11.97
p. 1

L 322,
25.11.97
p. 63

Silicon carbide

Duties

Undertakings

Urea

Duties

Zinc (unwrought unalloyed)

Duties

Singapore

Electronic weighing scales

Duties

Personal fax machines

Duties

Televisions (colour)

Duties

Slovak Republic

Seamless steel pipes and tubes

Duties

Undertakings

178

South Africa

Steel ropes and cables

Duties

Taiwan

Bicycles

Large electrolyte aluminium
capacitors

Lighters (refillable)
(extension to lighters non-
refillable from China)

Lighters (non-refillable)
(extension to lighters non-
refillable from China)

Magnetic disks (3,5”
microdisks)

Undertakings

Duties

Duties

Duties

Duties

Duties

Monosodium glutamate

Duties

Personal fax machines

Duties

Polyester textured filament
yarns (PTY)

Duties

Stainless steel fasteners

Duties

Synthetic fibres of polyester

Duties

Council Reg.
(EC) No 1796/99
12.08.99

Commission Dec.
No 1999/572/EC
13.08.99

Council Reg.
(EC) No 397/99
22.02.99

Council Reg.
(EC) No 1384/94
13.06.94

Council Reg.
(EC) No 192/99
25.01.99

Council Reg.
(EC) No 192/99
25.01.99

Council Reg.
(EC) No 2861/93
18.10.93

Council Reg.
(EC) No 2051/98
24.09.98

Council Reg.
(EC) No 904/98
27.04.98

Council Reg.
(EC) No 1074/96
14.06.96

Council Reg.
(EC) No 393/98
16.02.98

Council Reg.
(EC) No 1728/99
29.07.99

L 217
17.08.99
p. 1

L 217
17.08.99
p. 63

L 49
25.02.99
p. 1

L 152,
18.06.94
p. 1

L 22
29.01.99
p. 1

L 22
29.01.99
p. 1

L 262,
21.10.93
p. 4

L 264
29.09.98
p. 1

L 128
30.04.98
p. 1

L 141,
14.06.96
p. 45

L 50
20.02.98
p. 1

L 204,
04.08.99
p. 3

179

Council Reg.
(EC) No 648/96
28.03.96

Council Reg.
(EC) No 467/98
23.02.98

Council Reg.
(EC) No 423/97
03.03.97
as last amended by
Council Reg.
(EC) No 1508/97
28.07.97

Commission Dec.
No 97/167/EC
25.02.97

Council Reg.
(EC) No 5/96
22.12.95

Council Reg.
(EC) No 904/98
27.04.98

Council Reg.
(EC) No 2160/96
11.11.96
as last amended by
Council Reg.
(EC) No 1822/98
14.08.98

Council Reg.
(EC) No 1950/97
06.10.97
as last amended by
Council Reg.
(EC) No 96/99
12.01.99

Council Reg.
(EC) No 393/98
16.02.98

L 91,
12.04.96
p. 1

L 60
28.02.98
p. 1

L 65,
06.03.97
p. 1

L 204
31.07.97
p. 7

L 65,
06.03.97
p. 54

L 2,
04.01.96
p. 1

L 128
30.04.98
p. 1

L 289
12.11.96
p. 14

L 236
22.08.98
p. 3

L 276
09.10.97
p. 1

L 11
16.01.99
p. 1

L 50
20.02.98
p. 1

Thailand

Bicycles

Footwear with uppers of
leather or plastics

Duties

Duties

Lighters (non-refillable)

Duties

Undertakings

Microwave ovens

Duties

Personal fax machines

Duties

Polyester textured filament
yarns (PTY)

Duties

Polyethylene/polypropylene
sacks & bags

Duties

Stainless steel fasteners

Duties

180

Televisions (colour)

Duties

Tube and pipe fitting, of iron
or steel

Duties

Undertakings

Turkey

Polyester yarns (POY/PTY)

Duties

Ukraine

Ferro-silico-manganese

Duties
Undertakings

Ferro-silicon

Duties

Magnesium (unwrought,
unalloyed)

Duties

Undertakings

Potassium chloride

Duties

Council Reg.
(EC) No 710/95
27.03.95
as last amended by
Council Reg.
(EC) No 2584/98
27.11.98

Council Reg.
(EC) No 584/96
11.03.96

Commission Dec.
No 96/252/EC
01.03.96

Council Reg.
(EC) No 1074/96
14.06.96

Council Reg.
(EC) No 495/98
23.02.98

Council Reg.
(EC) No 3359/93
02.12.93
as last amended by
Council Reg.
(EC) No 351/98
12.02.98

Council Reg.
(EC) No 1347/96
02.07.96

Commission Dec.
No 96/422/EC
25.06.96

Council Reg.
(EC) No 643/94
21.03.94
as last amended by
Council Reg.
(EC) No 449/98
23.02.98

L 73
01.04.95
p. 3

L 324
02.12.98
p. 1

L 84
03.04.96
p. 1

L 84,
03.04.96
p. 46

L 141,
14.06.96
p. 45

L 62
03.03.98
p. 1

L 302,
09.12.93
p. 1

L 42
14.02.98
p. 1

L 174,
12.07.96
p. 1

L 174,
12.07.96
p. 32

L 80,
24.03.94
p. 1

L 58
27.02.98
p. 15

181

Potassium permanganate

Duties

Silicon carbide

Duties

Steel ropes and cables

Duties

USA

Ethanolamines

Magnetic disks (3,5”
microdisks)

Undertakings

Duties

Duties

Polysulphide polymers

Duties

Venezuela

Ferro-silicon

Duties

Vietnam

Monosodium glutamate

Duties

Council Reg.
(EC) No 1507/98
13.07.98

Council Reg.
(EC) No 821/94
12.04.94
as last amended by
Council Reg.
(EC) No 1786/97
15.09.97

Council Reg.
(EC) No 1796/99
12.08.99

Commission Dec.
No 1999/572/EC
13.08.99

Council Reg.
(EC) No 229/94
01.02.94

Council Reg.
(EC) No 663/96
28.03.96

Council Reg.
(EC) No 1965/98
09.09.98

Council Reg.
(EC) No 3359/93
02.12.93
as last amended by
Council Reg.
(EC) No 351/98
12.02.98

Council Reg.
(EC) No 2051/98
24.09.98

L 200
16.07.98
p. 4

L 94,
13.04.94
p. 21

L 254
17.09.97
p. 6

L 217
17.08.99
p. 1

L 217
17.08.99
p. 63

L 28,
02.02.94
p. 40

L 92,
13.04.96
p. 1

L 255
17.09.98
p. 1

L 302,
09.12.93
p. 1

L 42
14.02.98
p. 1

L 264
29.09.98
p. 1

182

ANNEX P

UNDERTAKINGS IN FORCE ON 31 DECEMBER 1999

A.

RANKED BY PRODUCT

Product

Origin

Measure

Regulation N°

Publication

Council Reg.
(EC) No 495/98
23.02.98

Commission Reg.
(EC) No 1023/97
06.06.97

Commission Dec.
No 97/797/EC
07.11.97

Commission Dec.
No 98/554/EC
03.09.98

Commission Dec.
No 1999/642/EC
10.09.99

Commission Dec.
No 303/96/ECSC
19.02.96

Commission Dec.
No 1999/71/EC
06.01.99

Commission Dec.
No 97/167/EC
25.02.97

Commission Dec.
No 1999/215/EC
16.03.99

L 62
03.03.98
p. 1

L 150
07.06.97
p. 4

L 324
27.11.97
p. 36

L 266
01.10.98
p. 82

L 255
30.09.99
p. 36

L 42,
20.02.96
p. 7

L 22
29.01.99
p. 71

L 65
06.03.97
p. 54

L 75
20.03.99
p. 34

Ferro-silico-manganese

Ukraine

Undertaking

Flat pallets of wood

Poland

Undertaking

Grain-oriented electrical steel
sheets

Russia

Hardboard

Lighters (non-refillable)

Polypropylene binder or baler
twine

Bulgaria
Estonia
Latvia
Lithuania
Poland

Mexico
Philippines
Thailand

Poland
Czech Rep.
Hungary

Undertaking

Undertaking

Undertaking

Undertakings

Undertakings

Undertakings

Undertakings

183

Salmon (AD)

Norway

Undertakings

Salmon (AS)

Norway

Undertakings

Seamless steel pipes and tubes

Undertakings

Czech Republic
Hungary
Poland
Romania
Slovak Republik

Silicon carbide

Russia

Undertakings

Steel ropes and cables

Undertakings

Hungary
Poland

India
Mexico
South Africa
Ukraine

Tube and pipe fitting, of iron
or steel

Croatia
Thailand

Undertakings

Unwrought, unalloyed
magnesium

Russia
Ukraine

Undertakings

Zinc (unwrought unalloyed)

Poland

Undertakings

Commission Dec.
No 97/634/EC
26.09.97
as last amended by
Commission Reg.
No 2592/99
08.12.99

Commission Dec.
No 97/634/EC
26.09.97
as last amended by
Commission Reg.
(EC) No 2592/99
08.12.99

Commission Dec.
No 97/790/EC
24.10.97

Commission Dec.
No 94/202/EC
09.03.94

Council Reg.
No 1796/99
12.08.99

Commission Dec.
No 1999/572/EC
13.08.99

Commission Dec.
No 96/252/EC
01.03.96

Commission Dec.
No 96/422/EC
25.06.96

Commission Dec.
No 97/644/EC
03.09.97

L 267
30.09.97
p. 81

L 315
09.12.99
p. 17

L 267
30.09.97
p. 81

L 315
09.12.99
p. 17

L 322
25.11.97
p. 63

L 94
13.04.94
p. 32

L 217
17.08.99
p. 1

L 217
17.08.99
p. 63

L 84
03.04.96
p. 46

L 174
12.07.98
p. 32

L 272
04.10.97
p. 50

184

B.

RANKED BY COUNTRY

Origin

Product

Measure

Regulation N°

Publication

Bulgaria

Hardboard

Undertakings

Croatia

Tube and pipe fitting, of iron
or steel

Undertakings

Czech Republic

Polypropylene binder or baler
twine

Undertakings

Seamless steel pipes and tubes

Undertakings

Estonia

Hardboard

Undertakings

Hungary

Polypropylene binder or baler
twine

Undertakings

Seamless steel pipes and tubes

Undertakings

Steel ropes and cables

Undertakings

India

Steel ropes and cables

Undertakings

Latvia

Hardboard

Undertakings

Lithuania

Hardboard

Undertakings

Commission Dec.
No 1999/71/EC
06.01.99

Commission Dec.
No 96/252/EC
01.03.96

Commission Dec.
No 1999/215/EC
16.03.99

Commission Dec.
No 97/790/EC
24.10.97

Commission Dec.
No 1999/71/EC
06.01.99

Commission Dec.
No 1999/215/EC
16.03.99

Commission Dec.
No 97/790/EC
24.10.97

Council Reg.
(EC) No 1796/99
12.08.99

Commission Dec.
No 1999/572/EC
13.08.99

Commission Dec.
No 1999/71/EC
06.01.99

Commission Dec.
No 1999/71/EC
06.01.99

L 22
29.01.99
p. 71

L 84,
03.04.96
p. 46

L 75
20.03.99
p. 34

L 322,
25.11.97
p. 63

L 22
29.01.99
p. 71

L 75
20.03.99
p. 34

L 322,
25.11.97
p. 63

L 217
17.08.99
p. 1

L 217
17.08.99
p. 63

L 22
29.01.99
p. 71

L 22
29.01.99
p. 71

185

Mexico

Lighters (non-refillable)

Undertakings

Steel ropes and cables

Undertakings

Norway

Salmon (AD)

Undertakings

Salmon (AS)

Undertakings

Philippines

Lighters (non-refillable)

Undertakings

Poland

Flat pallets of wood

Undertakings

Undertakings

Undertakings

Undertakings

Hardboard

Undertakings

Commission Dec.
No 97/167/EC
25.02.97

Commission Dec.
No 1999/572/EC
13.08.99

Commission Dec.
No 97/634/EC
26.09.97
as last amended by
Commission Reg.
No 2592/99
08.12.99

Commission Dec.
(EC) No 634/97
26.09.97
as last amended by
Commission Reg.
No 2592/99
08.12.99

Commission Dec.
No 97/167/EC
25.02.97

Commission Reg.
(EC) No 1023/97
06.06.97

Commission Dec.
No 97/797/EC
07.11.97

Commission Dec.
No 98/554/EC
03.09.98

Commission Dec.
No 1999/642/EC
10.09.99

Commission Dec.
No 1999/71/EC
06.01.99

L 65,
06.03.97
p. 54

L 217
17.08.99
p. 63

L 267,
30.09.97
p. 81

L 315
09.12.99
p. 17

L 267,
30.09.97
p. 81

L 315
09.12.99
p. 17

L 65,
06.03.97
p. 54

L 150
07.06.97
p. 4

L 324
27.11.97
p. 36

L 266
01.10.98
p. 82

L 255
30.09.99
p. 36

L 22
29.01.99
p. 71

186

Polypropylene binder or baler
twine

Undertakings

Seamless steel pipes and tubes

Undertakings

Steel ropes and cables

Undertakings

Zinc (unwrought unalloyed)

Undertakings

Romania

Seamless steel pipes and tubes

Undertakings

Russia

Grain-oriented electrical steel
sheets

Undertakings

Silicon carbide

Undertakings

Unwrought magnesium

Undertakings

Slovak Republic

Seamless steel pipes and tubes

Undertakings

South Africa

Steel ropes and cables

Undertakings

Thailand

Lighters (non-refillable)

Undertakings

Tube and pipe fitting, of iron
or steel

Undertakings

Commission Dec.
No 1999/215/EC
16.03.99

Commission Dec.
No 97/790/EC
24.10.97

Council Reg.
(EC) No 1796/99
12.08.99

Commission Dec.
No 97/644/EC
03.09.97

Commission Dec.
No 97/790/EC
24.10.97

Commission Dec.
No 303/96/ECSC
19.02.96

Commission Dec.
No 94/202/EC
09.03.94

Commission Dec.
No 96/422/EC
25.06.96

Commission Dec.
No 97/790/EC
24.10.97

Commission Dec.
No 1999/572/EC
13.08.99

Commission Dec.
No 97/167/EC
25.02.97

Commission Dec.
No 96/252/EC
01.03.96

L 75
20.03.99
p. 34

L 322,
25.11.97
p. 63

L 217
17.08.99
p. 1

L 272,
04.10.97
p. 50

L 322,
25.11.97
p. 63

L 42,
20.02.96
p. 7

L 94,
13.04.94
p. 32

L 174,
12.07.96
p. 32

L 322,
25.11.97
p. 63

L 217
17.08.99
p. 63

L 65,
06.03.97
p. 54

L 84,
03.04.96
p. 46

187

Ukraine

Ferro-silico-manganese

Undertakings

Steel ropes and cables

Undertakings

Unwrought magnesium

Undertakings

Council Reg.
(EC) No 495/98
23.02.98

Commission Dec.
No 1999/572/EC
13.08.99

Commission Dec.
No 96/422/EC
25.06.96

L 62
03.03.98
p. 1

L 217
17.08.99
p. 63

L 174,
12.07.96
p. 32

188

ANNEX Q

ANTI-DUMPING & ANTI-SUBSIDY INVESTIGATIONS PENDING

ON 31 DECEMBER 1999

A.

NEW INVESTIGATIONS (RANKED BY PRODUCT)

Product

Origin

Type

Publication

Initiation

C 311
29.10.99, p. 3

C 318
05.11.99, p. 6

C 318
05.11.99, p. 9

C 318
05.11.99, p. 12

C 216
29.07.99, p. 3

C 262
16.09.99, p. 10

C 63
05.03.99, p. 5

L 310
04.12.99, p. 17

C 262
16.09.99, p. 8

C 4
07.01.99, p. 3

Ammonium nitrate

Bicycle forks

Bicycle frames

Bicycle wheels

Cathode-ray colour television picture tubes

Lithuania
Poland
Ukraine

P.R. China
Taiwan

P.R. China
Taiwan

P.R. China

P.R. China
India
Korea (Rep. of)
Lithuania
Malaysia

Initiation

Initiation

Initiaiton

Initiation

Coke over 80 mm

P.R. China

Initiation

Compact-disc boxes

P.R. China

Initiation

Electronic weighing scales

P.R. China
Rep. of Korea
Taiwan

Prov. Duty

Initiation

Flat rolled products of iron on non-alloy steel Bulgaria

Initiation

India
Iran
South Africa
Yugoslavia (F.R.)
Taiwan

189

Flat rolled products of iron on non-alloy steel
(AS)

India
South Africa
Taiwan

Initiation

C 4
07.01.99, p. 3

P.R. China

Initiation

C 239
24.08.99, p. 4

C 231
13.08.99, p. 2

Initiation

Glycine

Hair brushes

Hot-rolled flat products of non-alloy steel

Malleable cast iron tube or pipe fittings

One Dye Black 1 (ODB-1)

One Dye Black 2 (ODB-2)

P.R. China
Hong Kong
Rep. of Korea
Taiwan
Thailand

India
P.R. China
Romania

Brazil
P.R. China
Croatia
Czech Rep.
Japan
Rep. of Korea
Thailand
Yugoslavia (F.R.)

Japan

Japan

Initiation

C 133
13.05.99, p. 17

Initiation

C 151
29.05.99, p. 21

Initiation

Initiation

C 213
24.07.99, p. 2

C 213
24.07.99, p. 3

C 38
12.02.99, p. 2

C 285
07.10.99, p. 3

C 369
21.12.99, p. 20

C 319
06.11.99, p. 4

Parts of television camera systems

Japan

Initiation

Polyester staple fibres

Rep. of Korea

Initiation

Polyester staple fibres

India

Initiation

Polyethylene terephthalate (PET)

Initiation

India
Indonesia
Malaysia
Rep. of Korea
Taiwan
Thailand

190

Polyethylene terephthalate (PET) (AS)

Initiation

C 319
06.11.99, p. 2

India
Indonesia
Malaysia
Rep. of Korea
Taiwan
Thailand

SBS thermoplastic rubbers (AS)

Taiwan

Initiation

SBS thermoplastic rubbers (AD)

Taiwan

Initiation

C 241
26.08.99, p. 4

C 241
26.08.99, p. 5

C 353
19.11.98, p. 13

L 218
18.08.99, p. 3

C 181
26.06.99, p. 27

Initiation

Prov. duty

Initiation

Initiation

C 181
26.06.99, p. 29

Initiation

Initiation

C 144
22.05.99, p. 10

C 111
22.04.99, p. 7

Initiation

C 111
22.04.99, p. 3

Seamless pipes and tubes

Croatia
Ukraine

Solutions of urea and ammonium nitrate

Stainless steel fasteners (AS)

Steel wire rod

Synthetic fibres of polyester (AD)

Synthetic fibres of polyester(AS)

Algeria
Belarus
Lithuania
Russia
Slovak Rep.
Ukraine

Malaysia
Singapore
Philippines
Thailand

Turkey

Australia
Indonesia
Thailand

Australia
Indonesia
Rep. of Korea
Taiwan
Thailand

Television camera systems

USA

Initiation

C 17
22.01.99, p. 4

191

Woven glass fibre fabrics (AS)

Taiwan

Initiation

Yellow phosphorus

P.R. China

Initiation

C 262
16.09.99, p. 6

C 10
14.01.99, p. 3

B.

REVIEW INVESTIGATIONS (RANKED BY PRODUCT)

Product

Origin

Type of review

Publication

Bicycles

P.R. China

Expiry review

Bicycle parts

P.R. China

Interim review

Electronic weighing scales

Electronic weighing scales

Japan

Japan

Expiry review

Interim review

Electronic weighing scales

Singapore

Expiry review

Electronic weighing scales

Singapore

Interim review

Ethanolamine

Ethanolamine

Ferro-chrome (low-carbon)

Ferro-silicon

Expiry review

Interim review

Expiry review

Expiry review

USA

USA

Russia
Kazakhstan

Brazil
P.R. China
Kazakhstan
Russia
Ukraine
Venezuela

Fluorspar

P.R. China

Expiry review

C 281
10.09.98, p. 8

C 318
05.11.99, p. 9

C 128
25.04.98, p. 11

C 128
25.04.98, p. 11

C 324
22.10.98, p. 4

C 324
22.10.98, p. 4

C 27
02.02.99, p. 3

C 27
02.02.99, p. 3

C 303
02.10.98, p. 4

C 382
09.12.98, p. 9

C 62
04.03.99, p. 3

192

Fluorspar

Glyphosate

P.R. China

Interim review

P.R. China

Anti-absorption

Handbags (leather)

P.R. China

Newcomer

Large electrolytic aluminium capacitors

Japan

Expiry review

Large aluminium electrolytic capacitors

Rep. of Korea
Taiwan

Interim review

Lighters (non-refillable)

Japan

Expiry review

Magnesia (deadburned)

P.R. China

Expiry review

Magnesium (unwrought, unalloyed)

P.R. China

Anti-absorption

Magnetic disks (3,5” microdisks)

Japan
Taiwan
P.R. China

Expiry review

Magnetic disks (3,5” microdisks)

Taiwan

Interim review

C 62
04.03.99, p. 3

C 246
06.08.98, p. 3

L 18
23.01.99, p. 10

C 365
03.12.97, p. 5

C 107
07.04.98, p. 4

C 361
30.11.96, p. 3

C 385
11.12.98, p. 7

C 253
04.09.99, p. 15

C 322
21.10.98, p. 4

C 181
26.06.99, p. 21

Magnetic disks (3,5” microdisks)

Magnetic disks (3,5” microdisks)

Microwave ovens

P.R. China
Taiwan

Hong Kong
Rep. of Korea

Rep. of Korea

Anti-circumvention L 195

Expiry review

28.07.99, p. 9

L 256
09.09.99, p. 3

Partial interim
review

C 167
15.06.99, p. 5

Polyester textured filament yarn

Taiwan

Interim review

Polyester textured filament yarn (PTY)

Malaysia

Interim review

Potassium chloride

Belarus
Russia
Ukraine

Expiry review

C 143
21.05.99, p. 4

C 218
30.07.99, p. 5

C 80
23.03.99, p. 9

193

Potassium chloride

Belarus
Russia
Ukraine

Interim review

C 80
23.03.99, p. 9

Potassium permanganate

P.R. China

Expiry review

Ring binder mechanisms

P.R. China

Anti-absorption

Seamless pipes and tubes

Russia

Interim review

C 323
11.11.99, p. 5

C 14
19.01.99, p. 4

C 77
20.03.99, p. 6

Silicon carbide

P.R. China
Russia
Ukraine

Expiry review

C 99
10.04.99, p. 18

Stainless steel bars (AS)

India

Accelerated review C 311

Stainless steel fasteners & parts thereof

Malaysia
Thailand

Anti-absorption

29.10.99, p. 2

C 125
06.05.99, p. 12

Stainless steel wire (< 1 mm) (AS)

India

Accelerated review C 261

15.09.99, p. 4

Stainless steel wire (= or > 1 mm) (AS)

India

Accelerated review C 288

Television camera systems

Japan

Expiry review

Tubes and pipe fittings, of iron or steel

Thailand

Interim review

09.10.99, p. 45

C 119
30.04.99, p. 11

C 208
22.07.99, p. 19

Tubes and pipe fittings, of iron or steel

China
(transhipped
through Taiwan)

Anti-circumvention L 199

30.07.99, p. 26

Urea ammonium nitrate solution

Poland

Expiry review

Urea ammonium nitrate solution

Poland

Interim review

C 369
21.12.99, p. 22

C 369
21.12.99, p. 22

194

C.

RANKED BY COUNTRY (NEW AND REVIEW INVESTIGATIONS)

Origin

Product

Type

Publication

Algeria

Solutions of urea and ammonium nitrate

New investigation

Australia

Synthetic fibres of polyester (AD)

New investigation

Synthetic fibres of polyester (AS)

New investigation

Belarus

Potassium chloride

Expiry review

Potassium chloride

Interim review

Solutions of urea and ammonium nitrate

New investigation

Brazil

Ferro-silicon

Expiry review

Malleable cast iron tube or pipe fittings

New investigation

Bulgaria

Flat rolled products of iron or non-alloy steel

New investigation

China

Bicycles

Expiry review

Bicycle forks

New investigation

Bicycle frames

New investigation

Bicycle parts

Interim review

Bicycle wheels

New investigation

Cathode-ray colour television picture tubes

New investigation

C 181
26.06.99, p. 27

C 111
22.04.99, p. 7

C 111
22.04.99, p. 3

C 80
23.03.99, p. 9

C 80
23.03.99, p. 9

C 181
26.06.99, p. 27

C 382
09.12.98, p. 9

C 151
29.05.99, p. 21

C 4
07.01.99, p. 3

C 281
10.09.98, p. 8

C 318
05.11.99, p. 6

C 318
05.11.99, p. 9

C 318
05.11.99, p. 9

C 318
05.11.99, p. 12

C 216
29.07.99, p. 3

195

Coke over 80 mm

New investigation

Compact-disc boxes

New investigation

Prov. duty

Electronic weighing scales

New investigation

Ferro-silicon

Fluorspar

Fluorspar

Glycine

Glyphosate

Hair brushes

Expiry review

Expiry review

Interim review

New investigation

Anti-absorption

New investigation

Handbags (leather)

New exporter

Hot-rolled flat products of non-alloy steel

New investigation

Magnesia (deadburned)

Expiry review

Magnesium (unwrought, unalloyed)

Anti-absorption

Magnetic disks (3,5” microdisks)

Expiry review

C 262
16.09.99, p. 10

C 63
05.03.99, p. 5

L 310
04.12.99, p. 17

C 262
16.09.99, p. 8

C 382
09.12.98, p. 9

C 62
04.03.99, p. 3

C 62
04.03.99, p. 3

C 239
24.08.99, p. 4

C 246
06.08.98, p. 3

C 231
13.08.99, p. 2

L 18
23.01.99, p. 10

C 133
13.05.99, p. 17

C 385
11.12.98, p. 7

C 253
04.09.99, p. 15

C 322
21.10.98, p. 4

Magnetic disks (3,5” microdisks)

Anti-circumvention L 195

28.07.99, p. 9

196

Malleable cast iron tube or pipe fittings

New investigation

Potassium permanganate

Expiry review

Ring binder mechanisms

Anti-absorption

Silicon carbide

Expiry review

C 151
29.05.99, p. 21

C 323
11.11.99, p. 5

C 14
19.01.99, p. 4

C 99
10.04.99, p. 18

Tube and pipe fittings of iron or steel

Anti-circumvention L 199

Yellow phosphorus

New investigation

Croatia

Malleable cast iron tube or pipe fittings

New investigation

Seamless pipes and tubes

New investigation

Prov. duty

Czech Rep.

Malleable cast iron tube or pipe fittings

New investigation

Hong Kong

Hair brushes

New investigation

Magnetic disks (3,5” microdisks)

Expiry review

India

Cathode-ray colour television picture tubes

New investigation

Flat rolled products of iron or non-alloy steel

New investigation

Flat rolled products of iron or non-alloy steel
(AS)

New investigation

Hot-rolled flat products of non-alloy steel

New investigation

30.07.99, p. 26

C 10
14.01.99, p. 3

C 151
29.05.99, p. 21

C 353
19.11.98, p. 13

L 218
18.08.99, p. 3

C 151
29.05.99, p. 21

C 231
13.08.99, p. 2

C 256
09.09.99, p. 3

C 216
29.07.99, p. 3

C 4
07.01.99, p. 3

C 5
08.01.99, p. 2

C 133
13.05.99, p. 17

197

Polyester staple fibres

New investigation

Polyethylene terephthalate (PET)

New investigation

Polyethylene terephthalate (PET) (AS)

New investigation

C 369
21.12.99, p. 20

C 319
06.11.99, p. 4

C 319
06.11.99, p. 2

Stainless steel bars (AS)

Accelerated review C 311

29.10.99, p. 2

Stainless steel wire (< 1 mm) (AS)

Accelerated review C 261

15.09.99, p. 4

Stainless steel wire (= or > 1 mm) (AS)

Accelerated review C 288

Indonesia

Polyethylene terephthalate (PET)

New investigation

Polyethylene terephthalate (PET) (AS)

New investigation

Synthetic fibres of polyester (AD)

New investigation

Synthetic fibres of polyester (AS)

New investigation

Iran

Flat rolled products of iron or non-alloy steel

New investigation

Japan

Electronic weighing scales

Expiry review

Electronic weighing scales

Interim review

Large electrolytic aluminium capacitors

Expiry review

Lighters (non-refillable)

Expiry review

Magnetic disks (3,5” microdisks)

Expiry review

09.10.99, p. 45

C 319
06.11.99, p. 4

C 319
06.11.99, p. 2

C 111
22.04.99, p. 7

C 111
22.04.99, p. 3

C 4
07.01.99, p. 3

C 128
25.04.98, p. 11

C 128
25.04.98, p. 11

C 365
03.12.97, p. 5

C 361
30.11.96, p. 3

C 322
21.10.98, p. 4

198

Malleable cast iron tube or pipe fittings

New investigation

One Dye Black 1 (ODB-1)

New investigation

One Dye Black 2 (ODB-2)

New investigation

Parts of television camera systems

New investigation

Television camera systems

Expiry review

Kazakhstan

Ferro-chrome (low-carbon)

Expiry review

Ferro-silicon

Expiry review

Korea (Rep. of)

Cathode-ray colour television picture tubes

New investigation

Electronic weighing scales

New investigation

Hair brushes

New investigation

Large aluminium electrolytic capacitors

Interim review

Magnetic disks (3,5” microdisks)

Expiry review

Malleable cast iron tube or pipe fittings

New investigation

C 151
29.05.99, p. 21

C 213
24.07.99, p. 2

C 213
24.07.99, p. 3

C 38
12.02.99, p. 2

C 119
30.04.99, p. 11

C 303
02.10.98, p. 4

C 382
09.12.98, p. 9

C 216
29.07.99, p. 3

C 262
16.09.99, p. 8

C 231
13.08.99, p. 2

C 107
07.04.98, p. 4

C 256
09.09.99, p. 3

C 151
29.05.99, p. 21

Microwave ovens

Partial interim
review

C 167
15.06.99, p. 5

Polyester staple fibres

New investigation

Polyethylene terephthalate (PET)

New investigation

C 285
07.10.99, p. 3

C 319
06.11.99, p. 4

199

Polyethylene terephthalate (PET) (AS)

New investigation

Synthetic fibres of polyester (AS)

New investigation

Lithuania

Ammonium nitrate

Initiation

Cathode-ray colour television picture tubes

New investigation

Solutions of urea and ammonium nitrate

New investigation

Malaysia

Cathode-ray colour television picture tubes

New investigation

Polyester textured filament yarn (PTY)

Interim review

Polyethylene terephthalate (PET)

New investigation

Polyethylene terephthalate (PET) (AS)

New investigation

Stainless steel fasteners (AS)

New investigation

Stainless steel fasteners & parts thereof

Anti-absorption

Philippines

Stainless steel fasteners (AS)

New investigation

Poland

Ammonium nitrate

New investigation

Urea ammonium nitrate solution

Expiry review

Urea ammonium nitrate solution

Interim review

Romania

Hot-rolled flat products of non-alloy steel

New investigation

C 319
06.11.99, p. 2

C 111
22.04.99, p. 3

C 311
29.10.99, p. 3

C 216
29.07.99, p. 3

C 181
26.06.99, p. 27

C 216
29.07.99, p. 3

C 218
30.07.99, p. 5

C 319
06.11.99, p. 4

C 319
06.11.99, p. 2

C 181
26.06.99, p. 29

C 125
06.05.99, p. 12

C 181
26.06.99, p. 29

C 311
29.10.99, p. 3

C 369
21.12.99, p. 22

C 369
21.12.99, p. 22

C 133
13.05.99, p. 17

200

Russia

Ferro-chrome (low-carbon)

Expiry review

Ferro-silicon

Expiry review

Potassium chloride

Expiry review

Potassium chloride

Interim review

Seamless pipes and tubes

Interim review

Silicon carbide

Expiry review

Solutions of urea and ammonium nitrate

New investigation

Singapore

Electronic weighing scales

Expiry review

Electronic weighing scales

Interim review

Stainless steel fasteners (AS)

New investigation

Slovak Rep.

Solutions of urea and ammonium nitrate

New investigation

South Africa

Flat rolled products of iron or non-alloy steel

New investigation

Flat rolled products of iron or non-alloy steel
(AS)

New investigation

Taiwan

Bicycle forks

New investigation

Bicycle frames

New investigation

Electronic weighing scales

New investigation

C 303
02.10.98, p. 4

C 382
09.12.98, p. 9

C 80
23.03.99, p. 9

C 80
23.03.99, p. 9

C 77
20.03.99, p. 6

C 99
10.04.99, p. 18

C 181
26.06.99, p. 27

C 324
22.10.98, p. 4

C 324
22.10.98, p. 4

C 181
26.06.99, p. 29

C 181
26.06.99, p. 27

C 4
07.01.99, p. 3

C 5
08.01.99, p. 2

C 318
05.11.99, p. 6

C 318
05.11.99, p. 9

C 262
16.09.99, p. 8

201

Flat rolled products of iron or non-alloy steel

New investigation

Flat rolled products of iron or non-alloy steel
(AS)

New investigation

Hair brushes

New investigation

Large aluminium electrolytic capacitors

Interim review

Magnetic disks (3,5” microdisks)

Expiry review

Magnetic disks (3,5” microdisks)

Interim review

C 4
07.01.99, p. 3

C 5
08.01.99, p. 2

C 231
13.08.99, p. 2

C 107
07.04.98, p. 4

C 322
21.10.98, p. 4

C 181
26.06.99, p. 21

Magnetic disks (3,5” microdisks)

Anti-circumvention L 195

Polyester textured filament yarn

Interim review

Polyethylene terephthalate (PET)

New investigation

Polyethylene terephthalate (PET) (AS)

New investigation

SBS thermoplastic rubbers (AS)

New investigation

SBS thermoplastic rubbers (AD)

New investigation

Synthetic fibres of polyester (AS)

New investigation

Woven glass fibre fabrics (AS)

New investigation

Thailand

Hair brushes

New investigation

Malleable cast iron tube or pipe fittings

New investigation

28.07.99, p. 9

C 143
21.05.99, p. 4

C 319
06.11.99, p. 4

C 319
06.11.99, p. 2

C 241
26.08.99, p. 4

C 241
26.08.99, p. 5

C 111
22.04.99, p. 3

C 262
16.09.99, p. 6

C 231
13.08.99, p. 2

C 151
29.05.99, p. 21

202

Polyethylene terephthalate (PET)

New investigation

Polyethylene terephthalate (PET) (AS)

New investigation

Stainless steel fasteners (AS)

New investigation

Stainless steel fasteners & parts thereof

Anti-absorption

Synthetic fibres of polyester (AD)

New investigation

Synthetic fibres of polyester (AS)

New investigation

Tube or pipe fittings, of iron or steel

Interim review

Turkey

Steel wire rod

New investigaiton

Ukraine

Ammonium nitrate

Initiation

Ferro-silicon

Expiry review

Potassium chloride

Expiry review

Potassium chloride

Interim review

Seamless pipes and tubes

New investigation

Prov. duty

Silicon carbide

Expiry review

Solutions of urea and ammonium nitrate

New investigation

C 319
06.11.99, p. 4

C 319
06.11.99, p. 2

C 181
26.06.99, p. 29

C 125
06.05.99, p. 12

C 111
22.04.99, p. 7

C 111
22.04.99, p. 3

C 208
22.07.99, p. 19

C 144
22.05.99, p. 10

C 311
29.10.99, p. 3

C 382
09.12.98, p. 9

C 80
23.03.99, p. 9

C 80
23.03.99, p. 9

C 353
19.11.98, p. 13

L 218
18.08.99, p. 3

C 99
10.04.99, p. 18

C 181
26.06.99, p. 27

203

USA

Ethanolamine

Ethanolamine

Expiry review

Interim review

Television camera systems

New investigation

Venezuela

Ferro-silicon

Expiry review

Yugoslavia (Fed.
Rep.)

Flat rolled products of iron or non-alloy steel

New investigation

Malleable cast iron tube or pipe fittings

New investigation

C 27
02.02.99, p. 3

C 27
02.02.99, p. 3

C 17
22.01.99, p. 4

C 382
09.12.98, p. 9

C 4
07.01.99, p. 3

C 151
29.05.99, p. 21

204

ANNEX R

REFUNDS DURING THE PERIOD

1 JANUARY - 31 DECEMBER 1999

LODGED

PRODUCT

ORIGIN

REFERENCE

Bicycles

Synthetic rope

China

India

R 19/02

R 20/01

ANALYSIS UNDERWAY

PRODUCT

ORIGIN

REFERENCE

Iron & steel sheets

DRAMs

DRAMs

Large aluminium capacitors

Cotton yarn

FSF and PFT

Bed linen

Leather handbags

Leather handbags

Tungstic oxide

Synthetic rope

FYROM

Korea

Japan

Japan

Turkey

Belarus

India

PR China

PR China

PR China

India

R1/01

R3/13

R3/15

R5/03-5&6

R8/01

R14/01

R16/01

R17/01

R17/02

R18/01

R20/01

DECISIONS ADOPTED

PRODUCT

ORIGIN

DECISION

REFERENCE

Photocopiers

Photocopiers

Photocopiers

Photocopiers

Photocopiers

Photocopiers

Photocopiers

Photocopiers

No refund

No refund

No refund

No refund

No refund

No refund

No refund

No refund

R2/01

R2/02

R2/03

R2/04

R2/05

R2/07

R2/08

R2/09

Japan

Japan

Japan

Japan

Japan

Japan

Japan

Japan

205

Photocopiers

Photocopiers

Photocopiers

DRAMs

DRAMs

DRAMs

Large aluminium electrolytic capacitors

Large aluminium electrolytic capacitors

Large aluminium electrolytic capacitors

Silicon metal

Silicon metal

Silicon metal

Silicon metal

Ferro-silicon

PTY

Japan

Japan

Japan

Japan

Japan

Japan

Japan

Japan

Japan

Brazil

Brazil

Brazil

Brazil

Brazil

No refund

No refund

No refund

Withdrawn

Withdrawn

Withdrawn

R2/10

R2/11

R2/12

R3/08

R3/09

R3/12

Partial refund R05/01 - 2

Partial refund R05/03 - 1&2

Partial refund R05/03 - 3&4

Partial refund R10/01
Partial refund R10/0234

Partial refund R10/03

Partial refund R10/04

Partial refund R11/01

Indonesia

Full refund

R12/05

34

OJ L 80 of 25.03.1999, p. 25

206

ANNEX S

COURT CASES

A.

COURT CASES PENDING BEFORE THE COURT OF JUSTICE AND THE COURT OF FIRST
INSTANCE OF THE EUROPEAN COMMUNITIES ON 31 DECEMBER 1999

Court of Justice

Case C-46/98P

EFMA & Council

Case C-76/98 & C-77/98P

Nutrasweet/Ajinomoto & Council

Case C-458/98P

Case C-239/99

IPS & Council

Nachi Europe v. Hauptzollamt Krefeld

Case T-51/96

Case T-74/97

Case T-75/97

Case T-80/97

Case T-213/97

Case T-256/97

Case T-597/97

Case T-598/97

Case T-37/98

Case T-87/98

Case T-88/98

Case T-96/98

Case T-178/98

Case T-192/98

Case T-195/98

Case T-7/99

Case T-58/99

Case T-104/99

Case T-188/99

Case T-340/99

Court of First Instance

MIWON v. Council

Buchel & Co. v. Council

Buchel & Co v. Commission

Starway v. Council

Eurocoton v. Council

BEUC v. Commission

Euromin S.A. v. Council

British Shoe Corp. and others v. Council

FTA v. Council

International Potash v. Council

Kundan Industries Ltd. And Tata International Ltd. v. Council

BEUC v. Commission

Fresh Marine Company v. Commission

EUROCOTON v. Council

Ettlin Spinnerei AG v. Council

Medici Grimm KG v. Council

Munkand v. Council

AS Bolderaja v. Council

Euroalliages v. Commission

Arne Mathisen AS v. Council

207

B.

JUDGMENTS AND ORDERS RENDERED BY THE COURT OF JUSTICE AND THE COURT
OF FIRST INSTANCE OF THE EUROPEAN COMMUNITIES DURING 1999

Court of Justice

None

Court of First Instance

ACME v. Council

Swedish Match Philippines v. Council

EFMA v. Council

Petrotub v. Council

Republica v. Council

Case T-48/96

Case T-171/97

Case T-210/95

Case T-33/98

Case T-34/98

208