Report from the Commission - Nineteenth 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 Anti-Dumping, Anti-Subsidy and safeguard cases (2000)
Date: 2001-10-12
Institutions: European Commission
Subjects: anti-dumping legislation, anti-subsidy proceeding, protective clause, report, third country, trade policy

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 12.10.2001
COM(2001) 571 final

REPORT FROM THE COMMISSION

NINETEENTH ANNUAL REPORT FROM THE COMMISSION(cid:31)

TO THE EUROPEAN PARLIAMENT

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

__________________________

OVERVIEW OF THE MONITORING OF THIRD COUNTRY ANTI-DUMPING,

ANTI-SUBSIDY AND SAFEGUARD CASES

(2000)

REPORT FROM THE COMMISSION

NINETEENTH ANNUAL REPORT FROM THE COMMISSION1

TO THE EUROPEAN PARLIAMENT

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

__________________________

OVERVIEW OF THE MONITORING OF THIRD COUNTRY ANTI-DUMPING,

ANTI-SUBSIDY AND SAFEGUARD CASES

(2000)

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, COM(1999)411 final and COM(2000)440 final.

2

                                                
(19th Annual report to the Parliament - 2000)

CONTENTS  

Purpose and aim ....................................................................................................................... 14

1. Overview of the anti-dumping and anti-subsidy legislation ............................................ 15

1.1.

The legal framework .................................................................................................. 15

1.1.1.

The applicable law ..................................................................................................... 15

1.1.1.1. The international framework...................................................................................... 15

1.1.1.2. The Community legislation........................................................................................ 15

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

imposition of duties.................................................................................................... 16

1.1.2.1. Dumping and subsidies .............................................................................................. 16

1.1.2.2. Material injury and causation..................................................................................... 17

1.1.2.3. Community interest.................................................................................................... 17

1.1.3.

Procedure.................................................................................................................... 17

1.1.4.

The anti-dumping and anti-subsidy services in the Commission .............................. 20

1.2.

1.3.

Changes to the basic anti-dumping Regulation in 2000 ............................................ 20

WTO dispute settlement in the field of anti-dumping and anti-subsidy .................... 21

1.3.1. Definition of the WTO dispute settlement procedure ................................................ 21

1.3.2. Dispute settlement procedures involving Community activities ............................... 21

1.3.2.1. Cases in which the Community initiated the dispute settlement procedure............... 21

1.3.2.2. Dispute settlement procedures initiated by third countries against the Community.. 24

2. General overview of measures in force............................................................................ 24

3.

Initiations of anti-dumping and anti-subsidy investigations ............................................ 25

3.1.

3.2.

Introduction................................................................................................................ 25

Cases (in chronological order) ................................................................................... 26

3.2.1. Aluminium foil from the People's Republic of China and Russia ............................. 26

3.2.2.

Steel ropes and cables from the Czech Republic, the Republic of Korea, Malaysia,
Russia, Thailand and Turkey...................................................................................... 26

3.2.3.

Paracetamol from the People's Republic of China, India, Turkey and the USA ....... 26

3

3.2.4.

Integrated electronic compact fluorescent lamps from the People's Republic of China26

3.2.5.

Polyethylene terephthalate (PET) film from India and the Republic of Korea.......... 26

3.2.6. Colour television receivers from Turkey ................................................................... 27

3.2.7.

Internal gear hubs for bicycles from Japan ................................................................ 27

3.2.8. Urea from Belarus, Bulgaria, Croatia, Egypt, Estonia, Lithuania, Libya, Poland,

Romania and Ukraine................................................................................................. 27

3.2.9.

Ferro molybdenum from the People's Republic of China.......................................... 27

3.2.10. Worked monumental or building granite stones from the People's Republic of China and

India

27

3.2.11. Zinc oxide from the People's Republic of China ....................................................... 27

4.

Provisional measures........................................................................................................ 28

4.1.

4.2.

Overview .................................................................................................................... 28

Cases (in chronological order) ................................................................................... 28

4.2.1.

Polyester staple fibres (AD) from Australia, Indonesia and Thailand ....................... 28

4.2.2.

Polyester staple fibres (AS) from Australia, Indonesia and Taiwan.......................... 29

4.2.3. Hot-rolled flat products of non-alloy steel (quarto plates) from the People's Republic of

China, India and Romania.......................................................................................... 30

4.2.4. Malleable cast iron tube or pipe fittings from Brazil, the Czech Republic, Japan, the

People's Republic of China, the Republic of Korea and Thailand............................. 32

4.2.5.

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

4.2.6.

Stainless steel fasteners (AS) from Malaysia and the Philippines ............................. 34

4.2.7. Cathode-ray colour television picture tubes from India, Malaysia, the People's Republic

of China and the Republic of Korea........................................................................... 35

4.2.8. Hairbrushes from the People's Republic of China, the Republic of Korea, Taiwan and
Thailand ..................................................................................................................... 36

4.2.9. Glycine from the People's Republic of China............................................................ 37

4.2.10. Styrene-butadien-styrene (SBS) thermoplastic rubber(AD) from Taiwan ................ 38

4.2.11. Styrene-butadien-styrene (SBS) thermoplastic rubber (AS) from Taiwan ................ 40

4.2.12. Coke of coal in pieces with a diameter of more than 80 mm from the People's Republic

of China 41

4.2.13. Polyester staple fibres from India and the Republic of Korea ................................... 42

4

4.2.14. Ammonium nitrate from Poland and Ukraine............................................................ 43

4.2.15. Polyethylene terephthalate (PET) (AD) from India, Indonesia, the Republic of Korea,
Malaysia, Taiwan and Thailand ................................................................................. 44

4.2.16. Polyethylene terephthalate (PET) (AS) from India, Malaysia, Taiwan and Thailand46

5. Definitive measures.......................................................................................................... 48

5.1.

5.2.

5.2.1.

5.2.2.

Overview .................................................................................................................... 48

Cases (in chronological order) ................................................................................... 49

Flat-rolled products of iron or non-alloy steel (hot rolled coils) (AD) from Bulgaria,
India, South Africa, Taiwan and the Federal Republic of Yugoslavia ...................... 49

Flat-rolled products of iron or non-alloy steel (hot rolled coils) (AS) from India and
Taiwan........................................................................................................................ 51

5.2.3.

Seamless pipes and tubes of non-alloy steel from Croatia and Ukraine .................... 52

5.2.4.

Synthetic fibres of polyester (AS) from Australia, Indonesia and Taiwan ................ 52

5.2.5.

Synthetic staple fibres of polyester from Australia, Indonesia and Thailand ............ 54

5.2.6.

Stainless steel fasteners (AS) from Malaysia and Philippines ................................... 56

5.2.7. Hot-rolled flat products of non-alloy steel (quarto plates) from the People's Republic of

China, India and Romania.......................................................................................... 57

5.2.8. Malleable cast iron tube or pipe fittings from Brazil, the Czech Republic, Japan, the

People's Republic of China, the Republic of Korea and Thailand............................. 58

5.2.9.

Styrene-butadien-styrene (SBS) thermoplastic rubber from Taiwan......................... 60

5.2.10. Styrene-butadien-styrene (SBS) thermoplastic rubber (AS) from Taiwan ................ 61

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

Ukraine

62

5.2.12. Black colorformers from Japan (formerly One Dye Black 1 and One Dye Black 2) 63

5.2.13. Cathode-ray colour television picture tubes from India and the Republic of Korea . 64

5.2.14. Polyethylene terephthalate (PET) from India, Indonesia, the Republic of Korea,

Malaysia, Taiwan and Thailand ................................................................................. 66

5.2.15. Polyethylene terephthalate (PET) (AS) from India, Malaysia and Thailand ............. 67

5.2.16. Electronic weighing scales (REWS) from the People's Republic of China, the Republic

of Korea and Taiwan.................................................................................................. 68

5.2.17. Coke of coal in pieces with a diameter of more than 80 mm from the People's Republic

of China 69

5.2.18. Polyester staple fibres (PSF) from India and the Republic of Korea......................... 70

5

6.

Investigations terminated without measures .................................................................... 72

6.1.

6.2.

Overview .................................................................................................................... 72

Cases (in chronological order) ................................................................................... 72

6.2.1.

Polyester staple fibres (AS) from the Republic of Korea and Thailand .................... 72

6.2.2.

Television camera systems from the USA ................................................................. 73

6.2.3.

Flat rolled products of iron or non-alloy steel (hot rolled coils) from Iran................ 73

6.2.4.

Flat rolled products of iron or non-alloy steel (hot rolled coils)(AS) from South Africa

73

6.2.5. Yellow phosphorus from the People's Republic of China ......................................... 74

6.2.6. Bicycle frames from the People's Republic of China and Taiwan............................. 74

6.2.7. Bicycle forks from the People's Republic of China and Taiwan ............................... 74

6.2.8. Bicycle wheels from the People's Republic of China ................................................ 74

6.2.9. Hairbrushes from Hong Kong.................................................................................... 75

6.2.10. Parts of television camera systems from Japan.......................................................... 75

6.2.11. Compact disc boxes from the People's Republic of China ........................................ 75

6.2.12. Stainless steel fasteners (AS) from Singapore and Thailand ..................................... 75

6.2.13. Steel wire rod from Turkey........................................................................................ 76

6.2.14. Malleable cast iron tube or pipe fittings from Croatia and the Federal Republic of

Yugoslavia ................................................................................................................. 76

6.2.15. Solutions of urea and ammonium nitrate from the Slovak Republic ......................... 76

6.2.16. Woven glass fibre fabrics (AS) from Taiwan ............................................................ 76

6.2.17. Cathode-ray colour television picture tubes from Lithuania, Malaysia and the People's
Republic of China ...................................................................................................... 77

6.2.18. Hairbrushes from the People's Republic of China, the Republic of Korea, Taiwan and

Thailand 77

6.2.19. Glycine from the People's Republic of China............................................................ 77

6.2.20. Polyethylene terephthalate (PET) (AS) from Indonesia, the Republic of Korea and

Taiwan

78

7. Reviews of anti-dumping and anti-subsidy measures ...................................................... 78

7.1.

7.2.

Overview .................................................................................................................... 78

Expiry reviews ........................................................................................................... 79

6

7.2.1.

Expiry reviews initiated (in chronological order) ...................................................... 79

7.2.1.1. Urea from Russia ....................................................................................................... 79

7.2.1.2. Colour television receivers from Malaysia, the People's Republic of China, the Republic

of Korea, Singapore and Thailand ............................................................................. 80

7.2.1.3. Gas-fuelled, non refillable lighters from the People's Republic of China.................. 80

7.2.1.4. Ammonium nitrate from Russia................................................................................. 80

7.2.1.5. Peroxodisulphates from the People's Republic of China ........................................... 80

7.2.2.

Expiry reviews concluded with confirmation of duty (in chronological order)......... 81

7.2.2.1. Magnesium (dead-burned) from the People's Republic of China .............................. 81

7.2.2.2. Potassium chloride from Belarus, Russia and Ukraine.............................................. 82

7.2.2.3. Silicon carbide from the People's Republic of China, Russia and Ukraine ............... 83

7.2.2.4. Bicycles from the People's Republic of China........................................................... 84

7.2.2.5. Ethanolamines from the USA .................................................................................... 85

7.2.2.6. Fluorspar from the People's Republic of China ......................................................... 86

7.2.2.7. Television camera systems from Japan...................................................................... 86

7.2.3.

Expiry reviews concluded by termination (in chronological order) .......................... 87

7.2.3.1. Non-refillable lighters from Japan ............................................................................. 87

7.2.3.2. Large aluminium electrolytic capacitors (LAECs) from Japan ................................. 87

7.2.3.3. Low carbon ferro-chrome from Russia and Kazakhstan............................................ 88

7.3.

Interim reviews........................................................................................................... 88

7.3.1.

Interim reviews initiated (in chronological order) ..................................................... 89

7.3.1.1. Stainless steel fasteners and parts thereof from the People's Republic of China ....... 89

7.3.1.2. Stainless steel bars from India.................................................................................... 89

7.3.1.3. Unwrought unalloyed magnesium from the People's Republic of China .................. 89

7.3.1.4. Television camera systems from Japan...................................................................... 89

7.3.1.5. Colour television receivers from Malaysia, the People's Republic of China, the Republic

of Korea, Singapore and Thailand ............................................................................. 90

7.3.1.6. Polyester textured filament yarn (PTY) from Thailand ............................................. 90

7.3.1.7. Personal fax machines from the People's Republic of China, Japan, the Republic of

Korea, Malaysia, Singapore, Taiwan and Thailand ................................................... 90

7

7.3.1.8. Ammonium nitrate from Russia................................................................................. 90

7.3.1.9. Bicycles from the People's Republic of China........................................................... 91

7.3.1.10.Lighters (gas-fuelled non-refillable) from Thailand .................................................. 91

7.3.1.11.Polyester staple fibres (PSF) from Belarus ................................................................ 91

7.3.2.

Interim reviews concluded with confirmation/amendment of duty (in chronological
order) .......................................................................................................................... 91

7.3.2.1. Television camera systems from Japan...................................................................... 91

7.3.2.2. Seamless pipes and tubes of iron or non-alloy steel from Russia .............................. 92

7.3.2.3. Potassium chloride from Belarus, Russia and Ukraine.............................................. 92

7.3.2.4. Tube and pipe fittings of iron or steel from Thailand ................................................ 92

7.3.2.5. Ethanolamines from the USA .................................................................................... 93

7.3.2.6. Polyester textured filament yarn from Malaysia........................................................ 93

7.3.2.7. Polyester textured filament yarn from Taiwan........................................................... 93

7.3.2.8. Fluorspar from the People's Republic of China ......................................................... 94

7.3.2.9. Microwave ovens from the Republic of Korea .......................................................... 94

7.3.2.10.Stainless steel fasteners and parts thereof from the People's Republic of China ....... 94

7.3.2.11.Television camera systems from Japan...................................................................... 95

7.3.2.12.Unwrought unalloyed magnesium from the People's Republic of China .................. 95

7.3.3.

Interim reviews concluded by termination (in chronological order) ......................... 95

7.3.3.1. Lighters (non-refillable) from Japan .......................................................................... 95

7.3.3.2. Large aluminium electrolytic capacitors (LAECs) from Japan ................................. 95

7.3.3.3. Large aluminium electrolytic capacitors (LAECs) from the Republic of Korea and

Taiwan

96

7.3.3.4. Bicycle parts from the People's Republic of China.................................................... 96

7.3.3.5. Magnetic disks (3,5" microdisks) from Taiwan......................................................... 96

7.3.3.6. Stainless steel bars (AS) from India........................................................................... 97

7.4.

New exporter reviews ................................................................................................ 97

7.4.1. New exporter reviews initiated (in chronological order) ........................................... 98

7.4.1.1. Stainless steel fasteners and parts thereof from the People's Republic of China ....... 98

7.4.1.2. Stainless steel wire (= or > 1 mm diameter) from India (AS).................................... 98

8

7.4.1.3. Stainless steel bars from India (AS)........................................................................... 98

7.4.1.4. Sacks and bags of polyethylene or polypropylene from India................................... 98

7.4.1.5. Flat rolled products of iron or non-alloy steel (hot rolled coils) from India (AS) ..... 98

7.4.1.6. Flat rolled products of iron or non-alloy steel (hot rolled coils) from India .............. 99

7.4.2. New exporter reviews concluded with imposition/amendment of duty (in chronological

order) .......................................................................................................................... 99

7.4.2.1. Handbags (leather) from the People's Republic of China .......................................... 99

7.4.2.2. Cotton-type bed linen from Egypt, India and Pakistan .............................................. 99

7.4.2.3. Bicycles from Taiwan .............................................................................................. 100

7.4.2.4. Flat pallets of wood from Poland............................................................................. 100

7.4.2.5. Stainless steel fasteners and parts thereof from the People's Republic of China ..... 100

7.4.2.6. Salmon from Norway............................................................................................... 101

7.4.2.7. Sacks and bags of polyethylene or polypropylene from India................................. 101

7.5.

Absorption investigations ........................................................................................ 101

7.5.1. Anti-absorption investigations initiated (in chronological order)............................ 102

7.5.1.1. Polypropylene binder or baler twine from Poland ................................................... 102

7.5.2. Anti-absorption investigations concluded with increase of duty (in chronological order)

102

7.5.2.1. Glyphosate from the People's Republic of China .................................................... 102

7.5.2.2. Ring binder mechanisms from the People's Republic of China............................... 102

7.5.2.3. Unwrought unalloyed magnesium from the People's Republic of China ................ 102

7.5.3. Anti-absorption investigations concluded without increase of duty/termination (in

chronological order) ................................................................................................. 103

7.5.3.1. Stainless steel fasteners and parts thereof from Malaysia and Thailand.................. 103

7.6.

Circumvention investigations .................................................................................. 103

7.6.1. Anti-circumvention investigations initiated (in chronological order)...................... 104

7.6.2. Anti-circumvention investigations concluded with extension of duty (in chronological
order) ........................................................................................................................ 104

7.6.2.1. Tube and pipe fittings, of iron or steel from the People's Republic of China.......... 104

7.6.3. Anti-circumvention investigations concluded without extension of duty/termination (in

chronological order) ................................................................................................. 104

9

7.6.3.1. Magnetic disks (3,5" microdisks) from Taiwan and the People's Republic of China104

8. Monitoring of undertakings............................................................................................ 105

9. Refunds........................................................................................................................... 106

10. Judicial review : decisions by the Court of Justice / Court of First Instance ................. 107

10.1.

Overview of the judicial reviews in 2000 ................................................................ 107

10.2.

Cases pending .......................................................................................................... 107

10.3.

New cases................................................................................................................. 107

10.4.

The main Judgments rendered by the Court of First Instance ................................. 108

10.4.1. Unbleached cotton fabrics originating, inter alia, in the People's Republic of China108

10.4.2. Monosodium glutamate originating, inter alia, in the Republic of Korea ............... 109

10.4.3. Unwrought, unalloyed zinc originating in Russia and Poland................................. 109

10.4.4. Handbags originating in the People's Republic of China......................................... 110

10.4.5. Bicycle parts originating in the People's Republic of China.................................... 111

10.4.6. Bicycle parts originating in the People's Republic of China.................................... 111

10.4.7. Potassium chloride originating, inter alia, in Russia................................................ 112

10.4.8. Farmed Atlantic salmon originating in Norway....................................................... 112

10.4.9. Unbleached cotton fabrics originating, inter alia, in the People's Republic of China113

10.5.

Judgment rendered by the Court of Justice.............................................................. 114

10.5.1. Appeal against CFI Judgment of 15 October 1998 in case T-2/95 .......................... 114

11. Anti-dumping and anti-subsidy investigations of third countries concerning imports from the

Community and/or its Member States ..................................................................... 115

11.1.

Anti-dumping cases against the Community and/or its Member States .................. 116

11.2.

Details on some individual cases ............................................................................. 117

11.2.1. X-ray films from Germany....................................................................................... 117

11.2.2. Milk from the Community ....................................................................................... 117

11.2.3. Acrylates from Germany.......................................................................................... 117

11.2.4. Ropes and Cables of iron and steel from Germany, Spain and the UK ................... 118

11.2.5. Low enriched uranium from France, Germany, the Netherlands and the UK ......... 118

11.3.

Anti-subsidy cases against the Community and/or its Member States .................... 118

10

11.4.

Details on some individual cases ............................................................................. 119

11.4.1. Sugar from the Community...................................................................................... 119

11.4.2. Canned ham from Denmark and the Netherlands and against imports of canned pork-
based luncheon meat from the Community ............................................................. 119

11.4.3. Lead and bismuth from the UK................................................................................ 120

11.4.4. Olive oil from the Community................................................................................. 120

11.4.5. Corrosion resistant steel from Germany .................................................................. 121

11.4.6. Bulk brandy from France ......................................................................................... 121

12. Safeguard measures........................................................................................................ 121

12.1.

Legal framework ...................................................................................................... 121

12.2.

Community activities in the field of safeguards ...................................................... 122

12.3.

Safeguard cases concerning the Community ........................................................... 122

12.4.

Details on some individual cases ............................................................................. 124

12.4.1. USA - Steel wire rod ................................................................................................ 124

12.4.2. USA - Welded line pipe ........................................................................................... 124

12.4.3. Russia – steel tubes and pipes .................................................................................. 125

12.4.4. Latvia - Swine meat ................................................................................................. 125

12.4.5. Chile - Liquid milk and milk powder....................................................................... 125

12.4.6.

India - Methylene Chloride ...................................................................................... 125

12.4.7. Egypt - Milk powder ................................................................................................ 126

13. Conclusion...................................................................................................................... 126

11

ANNEXES : SUMMARY

LIST OF ANNEXES

ANNEX A

ANNEX B

ANNEX C

ANNEX D

ANNEX E

ANNEX F

ANNEX G

ANNEX H

ANNEX I

ANNEX J

ANNEX K

ANNEX L

New investigations initiated during the period 1 January - 31 December 2000
A. Anti-dumping investigations
B. Anti-subsidy investigations

New  investigations  initiated  by  country  of  export  during  the  period  1996  –  2000
(31 December)

New  investigations  initiated  by  product  sector  during  the  period  1996 –  2000
(31 December)

New  investigations  concluded  by  the  imposition  of  provisional  duties  during  the
period 1 January - 31 December 2000
A. Anti-dumping investigations
B. Anti-subsidy investigations

New investigations concluded by the imposition of definitive duties during the period
1 January - 31 December 2000
A. Anti-dumping investigations
B. Anti-subsidy investigations

New  investigations  terminated  without  imposition  of  measures  during  the  period
1 January - 31 December 2000
A. Anti-dumping investigations
B. Anti-subsidy investigations

Expiry  reviews  initiated  or  concluded  during  the  period  1  January  –  31  December
2000

Interim  reviews  initiated  or  concluded  during  the  period  1  January  –  31  December
2000

New  exporter  reviews  initiated  or  concluded  during  the  period  1  January  –
31 December 2000

Anti-absorption  investigations  initiated  or  concluded  during  the  period  1 January  -
31 December 2000

Anti-circumvention investigations initiated or concluded during the period 1 January
- 31 December 2000

Accelerated  review  investigations  (anti-subsidy)  initiated  or  concluded  during  the
period 1 January - 31 December 2000

ANNEX M

Undertakings accepted or repealed during the period 1 January – 31 December 2000

ANNEX N

Measures which expired during the period 1 January - 31 December 2000

ANNEX O

Definitive anti-dumping measures in force on 31 December 2000
A. Ranked by product
B. Ranked by country

12

ANNEX P

ANNEX Q

ANNEX R

Definitive anti-subsidy measures in force on 31 December 2000
A. Ranked by product
B. Ranked by country

Undertakings in force on 31 December 2000
A. Ranked by product
B. Ranked by country

Anti-dumping & anti-subsidy investigations pending on 31 December 2000 :
A. New investigations (ranked by product)
B. Review investigations (ranked by product)
C. Ranked by country (new & review investigations)

ANNEX S

Refunds during the period 1 January - 31 December 2000

ANNEX T

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

the European Communities on 31 December 2000

B. Judgments,  orders  and  other  decisions  rendered  by  the  Court  of  Justice  and  the

Court of First Instance of the European Communities during 2000

ANNEX U

Anti-dumping and anti-subsidy investigations  of  third  countries  concerning  imports
from the Community or its Member States

ANNEX V

Third country safeguard actions during 2000

13

PURPOSE AND AIM

This report is submitted to the European Parliament following its resolution of 16 December
1981  on  the  Community’s  anti-dumping  activities2,  and  the  report  of  the  European
Parliament’s Committee on industry, external trade, research and energy3.

This  report  summarises  the  developments  in  general  policy  and  contains  a  concise
commentary  on  each  anti-dumping  and  anti-subsidy  case  initiated,  each  provisional  and
definitive  measure  adopted,  the  reviews  undertaken  and  each  case  terminated  without  the
imposition of measures. It also provides an overview on the Court cases relating to these trade
policy instruments.

As last year, this issue also includes an overview of the activities in relation to anti-dumping,
anti-subsidy and safeguard measures adopted by third countries and actions under the dispute
settlement understanding of the World Trade Organisation. Due to a restructuring in the anti-
dumping  services,  however,  the  application  of  the  Trade  Barrier  Regulation  will  from  now
onwards  be  included  in  the  European  Commission  Report  to  the  European  Parliament  on
activities in the WTO.

The year 2000 shows a remarkable increase in the number of provisional (48 against 17 for
the  whole  of  1999)  and  definitive  measures  adopted  (51  versus  21  for  the  whole  of  1999).
Also, the number of terminations shows an increase in comparison with previous years (32 in
2000 against 22 in 1999 and 16 in 1998). All this is a direct consequence of the exceptional
increase in the number of new investigations initiated during 1999.

The number of new investigations initiated during 2000 significantly decreased (31 against 86
in 1999). Hence, 2000 can be described as a return to normality with regard to the initiations
of  investigations.  However,  it  should  be  noted  that,  due  to  the  large  amount  of  review
investigations, the year 2000 was a record year in terms of investigations carried out.

In 2000, eleven countries initiated a total of 31 anti-dumping and anti-subsidy investigations
against  imports  from  Community  Member  States.  The  Commission  provided  assistance  to
Community companies in a large number of such cases and intervened vis-à-vis third country
investigating bodies as well as in the WTO context.

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

This report is also available to the general public. The 1999 version was released in more or
less 600 copies.
(Internet Website http://europa.eu.int/comm/dg01/trade10.htm)

2

3

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

14

                                                
Overview of the 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
allowing  GATT  members  to  take  action  against  these  practices  if  they  caused
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  instruments.  During  the  last  GATT  round  (the  « Uruguay  Round »)  which
led  to  the  creation  of  the  WTO  and  the  detailed  Anti-Dumping  and  Anti-Subsidy
Agreements,  much  of  the  attention  was  focused  on  the  procedural  and  material
conditions to be fulfilled before protective measures can be adopted. 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  Community’s  anti-dumping  and  anti-subsidy  legislation  was  first  enacted  in
1968  and  has  since  been  modified  several  times.  The  current  basic  texts  (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 1998. These are
in  line  with  the  Anti-Dumping  and  Anti-Subsidy  Agreements  adopted  during  the
GATT/WTO negotiations. The basic texts are :

– 

– 

– 

Council  Regulation  (EC)  No  384/96  of  22  December  1995  on  protection
against  dumped  imports  from  countries  not  members  of  the  European
Community4

Council Regulation (EC) No 2026/97 of 6 October 1997 on protection against
subsidized imports from countries not members of the European Community5

Commission Decision No 2277/96/ECSC of 28 November 1996 on protection
against dumped imports from countries not members of the European Coal and
Steel Community6

4

5

6

OJ  L  56,  6.3.96,  p.  1,  as  last  amended  by  Council  Regulation  (EC)  No  2238/2000  (OJ  L  257,
11.10.2000, p. 2)
OJ L 288, 21.10.97, p. 1
OJ  L  308,  29.11.96,  p.  11,  as  last  amended  by  Commission  Decision  No  435/2001/ECSC  (OJ  L  63,
3.3.2001, p. 14)

15

                                                
– 

Commission  Decision  No  1889/98/ECSC  of  3  September  1998  on  protection
against subsidized imports from countries not  members of  the European  Coal
and Steel Community7

These  regulations  and  decisions  will  overall  be  referred  to  as  the  "basic
Regulation(s)".

The  Community  legislation  contains  a  number  of  provisions  aimed  at  ensuring  a
balanced application of the Community’s Anti-Dumping  and Anti-Subsidy  rules on
all interested parties. These provisions include the “Community interest test” and the
“lesser duty rule”.

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

The lesser duty rule  requires the measures imposed  by  the Community to be lower
than the dumping or subsidy margin, if such lower duty rate is sufficient to remove
the injury suffered by the Community industry.

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  anti-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. Therefore, a country is selling at dumped prices if
the  prices  in  its  home  market  are  higher  than  its  export  prices  (i.e.  price
discrimination) .

Where sales in the domestic market are not representative, for instance because they
have only been made in small quantities, the normal value may then 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.

A certain segregation of the market exists in the majority of the cases where dumping
occurs  on  a  more  than  incidental  basis.  That  segregation  may  be  caused,  amongst
other  reasons,  by  government  regulation  or  consumer  preferences.  As  a  result,
exporters are shielded, at least to a certain degree, from international competition on
their domestic market.

7

OJ L 245, 4.9.1998, p. 3

16

                                                
Subsidies  can  have  similar  effects to  sales  at  dumped  prices.  They  involve  a  direct
support from a government which has the effect of conferring a benefit to producers
or  exporters  (e.g.  grants,  tax  and  duty  exemptions,  preferential  loans  at  below
commercial rates, export promotion schemes, etc, all aimed at allowing the 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, who cannot compete on an equal footing with exporters.

Typical  injury  indicators  are  that  the  dumped  and/or  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 thus losing market shares, making losses or having to make
employees  redundant.  In  extreme  cases,  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 in fact suffering “material injury”.

A  further  condition  for  the  imposition  of  measures  is  the  need  for  “causality”:  the
injury  must  be  caused  by  the  dumping  or  the  subsidy.  This  condition  is  fulfilled
when  the  injury  to  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.

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 must be taken into account.

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,  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 apply to Central and Eastern European Countries and Turkey. The rules relating
to a new case are summarised below.

17

Initiation

A  case  normally  starts  with  a  sufficiently  substantiated  complaint  from  the
Community industry manufacturing the same or a similar product to the one referred
to in the complaint. 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 and  co-operate  in  the  proceedings.  Detailed
questionnaires  are  sent  to  producers  in  the  exporting  countries  and  in  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 defend their case.

The investigation up to the 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  main  purpose  of  these  visits  is  to  verify  whether  the  information  given  in  the
questionnaires is reliable. The verified information is subsequently used to calculate
or  determine  the  dumping  margin  and  the  injury  factors,  in  particular  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  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
terminate  the  proceedings.  In  either  eventuality,  at  this  stage  the  decision  is  the
Commission's responsibility.

The investigation up to the definitive stage

Following  the  publication  in  the  Official  Journal  of  a  Commission  regulation
imposing  provisional  duties,  interested  parties  which  so  request  receive  a  full
disclosure which allows them to verify the Commission’s calculations and to submit
comments. Comments can also be made at a hearing. These provisional 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  the  latter  case,  no  duties  are  generally
imposed on 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.

18

In view of the findings made, it may also be decided to terminate a case without the
imposition  of  measures.  The  same  procedure  (disclosure,  comments,  hearing,
working  document)  as  described  above  applies.  The  termination  of  the  case  would
generally  be  made  by  a  Commission  Decision  after  consultation  of  the  Member
States.

Timing

The  procedure  described  above  is  subject  to  strict  statutory  time  limits.  Thus,  a
decision  to  impose  provisional  duties  must  be  taken  within  nine  months  of  the
initiation  and  the  total  duration  of  an  investigation  is  limited  to  fifteen  months  (13
months in anti-subsidy cases). This leads to significant time constraints, 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  basic  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 substantiated evidence 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 year period, the
Commission  may  perform  an  interim  review.  Under  the  latter  procedure,  the
Commission  will  consider  whether 
to
subsidy/dumping and injury have changed significantly or whether existing measures
are  achieving  the  intended  results  in  removing  the  injury.  Finally,  the  basic
Regulations  provide  that  a  review  shall  be  carried  out  to  determine  individual
margins for new exporters in the exporting country concerned.

circumstances  with 

regard 

the 

Judicial reviews

The  procedural  rights  of  the  parties,  including  hearings  and  access  to  non-
confidential  files,  are  respected  in  the  course  of  the  proceeding,  and  a  system  of
judicial review is in place 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.

19

1.1.4

The anti-dumping and anti-subsidy services in the Commission

Anti-dumping  and  anti-subsidy  investigations  are  carried  out,  among  other
responsibilities, by Directorates  B and C  of  Directorate General Trade in charge of
external  commercial  policy.  Whilst  Directorate  C  deals  with  the  dumping  and
subsidy  aspects  of  investigations,  Directorate  B  covers  the  areas  of  injury  and
Community  interest.  In  addition,  Unit  1  in  Directorate  B  is  in  charge  of  policy
aspects  for  both  Directorates  and  Unit  1  in  Directorate  C  monitors  the  activity  of
third countries on anti-dumping, anti-subsidy and safeguards.

1.2.

Changes to the basic anti-dumping Regulation in 2000

In  2000,  the  special  market  economy  regime  applicable  in  anti-dumping  cases
concerning  Russia  and  China  since  19988  was  reviewed.  The  review  examined  the
application of the regime to date, the possibility of extending the regime to any other
countries normally classed as non-market economies for anti-dumping purposes and
the criteria for granting individual treatment.

The  review  found  that  while  only  a  small  number  of  companies  had  succeeded  in
their  claim  for  market  economy  status,  the  criteria  were  a  proper  indication  of  a
market economy and were in fact relevant, realistic and attainable. It was also found
that while reforms had continued in Russia and China, there had been some setbacks
and, as a result, it was considered appropriate to continue applying the current regime
to anti-dumping investigations concerning imports from these two countries.

Regarding  the  application  of  the  regime  to  other  countries,  an  examination  of  the
situation in these countries found that the economic reforms ongoing in Kazakhstan,
Ukraine  and  Vietnam  showed  that  steps  have  been  taken  to  move  away  from  a
centrally planned  economy towards an economy  based on market principles.  It  was
therefore  considered  that  it  was  appropriate  to  extend  the  special  anti-dumping
regime to them.

It was further decided, given that membership of the WTO indicates a certain level of
economic reform and trade liberalisation, that the special regime should be extended
to those non-market economy countries which are members of the WTO. In addition,
provision  was  made  in  the  legislation  that  the  regime  should  be  automatically
extended  to  other  non-market  economy  countries  which  become  WTO  members  in
the future.

As a result, the Council adopted on 9 October 2000, Regulation (EC) No 2238/20009
amending the basic anti-dumping Regulation. The amendment entered into force on
12 October 2000.

In addition to the amendment to the basic anti-dumping Regulation, the review also
examined the criteria that are applicable for exporters in non-market economies who
apply for individual treatment in anti-dumping cases. Following this examination, it
was  decided  to  amend  the  criteria  to  focus  more  on  the  independence  from  State

8

9

Regulation (EC) No 905/98 (OJ L 128, 30.04.1998).
OJ L 257, 11.10.2000, p. 2

20

                                                
influence with regard to the  export activities of firms.  The  amendment ensures that
any unnecessary overlap with market economy treatment criteria is now removed.

1.3.

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

1.3.1. 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 Members 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
WTO  Members  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 unanimity10.

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.

1.3.2. Dispute settlement procedures involving Community activities

The  Community  initiated  dispute  settlement  procedures  in  three  cases  involving
safeguard  measures.  In  all  three  of  them,  the  Dispute  Settlement  Body  adopted  the
reports of the Panel and the Appellate Body, which upheld most of the Community
claims. In two of the cases, the WTO members found to be violating the Agreement
on  Safeguards,  complied with the decisions of the Dispute Settlement Body.  In  the
third  case,  the  final  decision  of  the  Dispute  Settlement  Body  is  still  pending.  As
regards  cases  involving  anti-dumping  and  anti-subsidy  measures,  there  are  also  a
number of pending consultations. One panel was established further to the request of
the Community in the field of anti-dumping and one panel report was released in the
field  of  anti-subsidy,  further  to  a  dispute  brought  by  the  Community.  Furthermore,
one  panel  report  was  released  in  the  field  of  anti-dumping  further  to  a  dispute
brought by India against the Community.

1.3.2.1. Cases in which the Community initiated the dispute settlement procedure

– 

Korea - safeguard measures on dairy products

On  7  March  1997,  Korea  imposed  definitive  safeguard  measures  in  the  form  of  a
quota on imports of certain diary products (milk powder blends). Community  trade
affected by this measure amounts to approximately € 75 million.

10

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.

21

                                                
The Community initiated dispute settlement action in September 1997 and on 23 July
1998 a panel was established. In January 2000, the Dispute Settlement Body adopted
the  reports  of  the  Panel  and  the  Appellate  Body  in  this  case.  They  upheld  most  of
Community claims, and found that the Korean measures violated several provisions
of  the  WTO  Agreement  on  Safeguards.  In  particular,  the  injury  investigation  was
found to be incomplete and insufficient, the choice of the measure was not justified
and the notifications to the WTO were not made within time limits.

Korea accepted the decision and complied with it by abolishing the measures in May
2000.

– 

Argentina – safeguard measures on footwear

On  12  September  1997,  Argentina  imposed  definitive  measures  on  imports  of  all
footwear (except ski-boots- and snowboard-boots). The Community trade interest is
estimated at approximately € 10 million.

The Community initiated a dispute settlement procedure on this case in April 1998.
On 12 January 2000, the WTO Dispute Settlement Body adopted the reports of the
Panel and the Appellate Body, which had found that Argentina’s measures were not
in conformity with its international obligations, and requested Argentina to bring its
measure into conformity with the Safeguard Agreement. In particular, it declared that
the serious injury determination was in serious breach of several WTO rules and did
not show that an emergency situation existed as a result of increased imports.

In  2000,  under  pressure  from  the  Commission,  Argentina  finally  extended  and
modified  the  existing  regime  under  which  minimum  specific  duties  at  a  level  not
exceeding  WTO  bound  rates  were  imposed  on  “non-sport”  footwear  while  a  tariff
quota,  (including  per-country  allocation)  was  introduced  on  imports  of  sport
footwear. Imports within that quota are subject to minimum specific duties at a level
not exceeding WTO bound rates. The duties are doubled for imports falling outside
that quota. The portion of the quota allocated to the Community has been determined
on the basis of the historical trade, updated to reflect present market conditions. This
should ensure adequate protection for Community exports.

The  Commission  continues  to  monitor  the  evolution  of  Community  trade  to
Argentina,  to  ensure  that  the  current  regime  does  not  unduly  penalise  Community
exporters.

– 

USA - safeguard measures on wheat gluten

In  May  1998,  the  USA  imposed  a  safeguard  measure  (quota)  on  imports  of  wheat
gluten originating in third countries (except NAFTA and developing  countries).  As
the measure will expire on 1 June 2001, the industry has submitted a request for a 2-
year extension and the USA is conducting the relevant review. The Community trade
interests amounts to approximately € 48 million.

The Community initiated WTO dispute settlement action on this case in April 1999.
The  final  reports  of  the  panel  and  the  Appellate  Body,  the  latter  circulated  on  22
December  2000,  has  confirmed  that  the  safeguard  measure  violates  the  Safeguard
Agreement  for  reasons  of  both  substance  (in  particular  causality  and  exclusion  of
NAFTA  imports)  and  procedure  (WTO  notifications  and  consultations).  The

22

Commission has already told the USA that it expects them to comply with the ruling
by removing the measure without delay.

On 14 August 1998, the Community withdrew "substantially equivalent concessions"
under the WTO by imposing a tariff quota on imports of corn gluten feed from the
USA.  In  accordance  with  Article  8  of  the  Safeguard  Agreement,  the  suspensions
shall become effective upon the declaration of a WTO Dispute Settlement Body that
the  measures  imposed  by  the  USA  are  not  in  compliance  with  WTO  rules.  This
declaration and the related introduction of tariff quota on corn gluten feed from the
USA, are expected to take place during January 2001.

– 

Argentina - anti-dumping measures on floor tiles from Italy

On 12 November 1999, Argentina imposed definitive anti-dumping measures in the
form of minimum prices of 7,80 US$/m² (tiles of 20x20 cm), 9 US$ (tiles of 30x30
cm)  and  10,9  US$  (tiles  of  40x40  cm).  Community  exporters  and  the  Commission
contested this decision on a number of grounds. In brief, Argentina appears to have
disregarded  the  information  presented  by  the  Community  exporters  without
providing any valid justification.

On 26 January 2000, the Community  requested WTO consultations with  Argentina
under  Article  4  of  the  Understanding  on  Rules  and  Procedures  Governing  the
Settlement of Disputes (the “DSU”), and Article 17 of the Anti-Dumping Agreement.
The  consultations  also  included  another  Argentinean  anti-dumping  case,  Carton
Board  from Germany,  for which  similar  issues  could  be  raised.  Consultations  were
held in Geneva on 1 March 2000, but failed to resolve the dispute.

On 6 November 2000, the Community requested the establishment of a Panel on the
two  cases  pursuant  to  Articles  6  of  the  DSU  and  Article  17  of  the  Anti-dumping
Agreement. However, the Community request concerning the Carton Board case was
finally  suspended,  given  that  there  were  reasonable  expectations  that  Argentina
would let the measures lapse at their natural expiry, i.e. in February 2001.

As  regards  the  floor  tiles  case,  the  Dispute  Settlement  Body,  at  its  meeting  of  17
November 2000, agreed to the establishment of the Panel.

It is important to note that this is the first panel requested by the Community in the
anti-dumping  area.  The  Commission  attaches  considerable  importance  to  this  case,
which shows its firm intention to pursue vigorously breaches of WTO rules also in
this area.

– 

USA  -  countervailing  duties  on  certain  hot-rolled  lead  and  bismuth  carbon
steel originating from the UK.

On 10 May 2000, the Appellate Body ruled in the case brought by  the Community
concerning countervailing duties on imports of lead and bismuth steel from the UK.

The  panel  and  the  Appellate  Body  upheld  the  Community’s  complaint  that  these
countervailing  duties,  which  relate  to  subsidies  granted  by  the  UK  Government  to
British  Steel  Corporation  before  its  privatisation,  were  inconsistent  with  the
provisions of the WTO Subsidies Agreement.

23

The Appellate Body ruled against the USA on two counts. Firstly, it concluded that
the USA could not, as it had done, simply presume that subsidies granted prior to a
change  of  ownership  « passed  through »  to  the  purchaser.  Secondly,  the  Appellate
Body ruled that a privatisation for fair market value (which it determined the British
Steel privatisation to be) eliminated the benefit of any past subsidies.

The  panel  and  the  Appellate  Body’s  findings  have  led  the  USA  to  change  its
countervailing  practice  in  this  area,  and  the  findings  also  call  into  question  the
continued  imposition  by  the  USA  of  countervailing  duties,  particularly  on  steel
products, against several other Member States of the Community.

1.3.2.2. Dispute settlement procedures initiated by third countries against the Community.

– 

Complaint  by  India  against  the  Community  regarding  the  imposition  of  anti-
dumping duties on imports of cotton-type bed linen from India

On 30 October 2000, the panel report concerning the above-mentioned dispute was
released:  it  ruled  in  favour  of  the  Community  on  13  points,  did  not  consider  it
necessary  to  give  a  ruling  on  14  points,  and  ruled  against  the  Community  on  four
points. The Community presented an appeal on one of these points, concerning  the
practice of "zeroing" in dumping margin calculations.

2.

GENERAL OVERVIEW OF MEASURES IN FORCE

At  the  end  of  2000,  the  Community  had  175  anti-dumping  measures11  and  17
countervailing  measures  in  force.  The  anti-dumping  measures  covered  67  products
and  38  countries  (see  Annex  O);  the  countervailing  measures  covered  11  products
and 8 countries (see Annex P). Of the measures, the large majority was in the form of
duties; however, in a significant number of cases, undertakings were accepted.

Of the measures in force at the end of 2000, 34 concerned China, 11 Russia and 13
measures  applied  to  non-market-economy  countries,  including  Ukraine  with  9
measures,  Belarus  with  3  measures  and  Kazakhstan  with  1  measure.  Twenty-two
measures concerned one or more of the 10 Central and Eastern European Countries
(CEEC)12.

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 2000, 0,5%13 of total imports into the Community was affected by anti-
dumping or anti-subsidy measures.

11

12

13

The measures are counted per product and country concerned.
These countries are : Romania, Bulgaria, Slovak Republic, Czech Republic, Slovenia, Hungary, Poland,
Latvia, Lithuania and Estonia.
Source Comext.

24

                                                
TABLE 1

Anti-dumping and anti-subsidy new investigations

during the period 1 January 1996 - 31 December 200014

1996

1997

1998

1999

2000

Investigations in progress at the beginning of the
period

Investigations initiated during the period

Investigations in progress during the period

Investigations concluded :

-

-

imposition of definitive duty or acceptance
of undertakings

terminations15

Total investigations concluded during the period

Investigations in progress at the end of period

Provisional duties imposed during the period

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

87

31

130

118

21

22

43

87

17

51

32

83

35

48

3.

INITIATIONS OF ANTI-DUMPING AND ANTI-SUBSIDY INVESTIGATIONS

3.1.

Introduction

In  2000,  31  investigations  were  initiated.  They  involved  11  products  from  20
different  countries (review  investigations  are  dealt with in section 7  of  this  report).
Details of these investigations are given in Annex A.

In  comparing  with  1999,  where  the  number  of  new  investigations  amounted  to  86,
one notices a remarkable reduction. This reduction appears to confirm that the  year
1999 was exceptional in terms of the high number of initiations registered and seems
to confirm a return in 2000 to the normal situation which has existed throughout the
nineties.

In  the  five-year  period  from  1996  to  2000,  216  investigations  were  initiated  on
imports from 41 countries. The main countries concerned were the People's Republic
of  China  with  30  investigations,  India  with  27  investigations  and  Korea  with  22

14

15

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.

25

                                                
investigations. The investigations initiated over the last five  years are broken down
by country of export in Annex B.

The  main  sectors  concerned  by  the  investigations  during  the  period  from  1996  to
2000  were  iron  and  steel  with  64  investigations,  chemical  and  allied  with  53
investigations  and  textiles  and  allied  with  38  investigations.  A  breakdown  of  the
product sectors is given in Annex F.

A summary of the cases initiated in 2000 can be found below.

3.2.

Cases (in chronological order)

3.2.1.

Aluminium foil from the People's Republic of China and Russia

The  anti-dumping  proceeding  was  initiated  on  18  February  2000,  following  a
complaint  lodged  by  Eurométaux  on  behalf  of  the  Community  industry.  The
complaint was supported by a total of six companies.

No  provisional  measures  were  imposed.  However,  the  investigation  continued  and
was still pending at the end of the year.

3.2.2.

Steel  ropes  and  cables  from  the  Czech  Republic,  the  Republic  of  Korea,  Malaysia,
Russia, Thailand and Turkey

The  anti-dumping  proceeding  was  initiated  on  5  May  2000,  following  a  complaint
lodged  by  EWRIS  on  behalf  of  the  Community  industry.  The  complaint  was
supported by a total of 17 companies.

The investigation was still pending at the end of the year.

3.2.3.

Paracetamol from the People's Republic of China, India, Turkey and the USA

The anti-dumping proceeding was initiated on 13 May 2000, following a complaint
lodged  by  CEFIC  on  behalf  of  the  Community  industry.  The  complaint  was
supported by the sole Community producer of paracetamol.

The investigation was still pending at the end of the year.

3.2.4.

Integrated electronic compact fluorescent lamps from the People's Republic of China

This anti-dumping proceeding was initiated on 17 May 2000, following a complaint
lodged by the European Lighting Companies Federation on behalf of the Community
Industry. The complaint was supported by a total of 3 companies.

The investigation was still pending at the end of the year.

3.2.5.

Polyethylene terephthalate (PET) film from India and the Republic of Korea

The  anti-dumping  proceeding  was  initiated  on  27  May  2000,  following  two
complaints lodged by DuPont Teijin Films (DTF), Mitsubishi Polyester Film GmbH,
Nuroll SpA and FAPACK SpA on behalf of the Community industry.

The investigation was still pending at the end of the year.

26

3.2.6. Colour television receivers from Turkey

The anti-dumping proceeding was initiated on 15 July 2000, following a  complaint
lodged by the Producers of European Televisions in Co-operation (Poetic) on behalf
of the Community industry. The complaint was supported by producers representing
a major proportion of the total Community production of colour television receivers.

The investigation was still pending at the end of the year.

3.2.7.

Internal gear hubs for bicycles from Japan

The anti-dumping proceeding was initiated on 27 July 2000,  following a complaint
lodged  by  Sram  Deutschland  GmbH  on  behalf  of  the  Community  industry.  Apart
from  Sram  Deutschland  GmbH,  only  one  other  Community  producer,  Sturmey
Archer Ltd., was identified.

The investigation was still pending at the end of the year.

3.2.8. Urea  from  Belarus,  Bulgaria,  Croatia,  Egypt,  Estonia,  Lithuania,  Libya,  Poland,

Romania and Ukraine

The  anti-dumping  proceeding  was  initiated  on  21  October  2000,  following  a
complaint lodged by the European Fertilisers Manufacturers Association (EFMA) on
behalf  of  the  Community  industry.  The  complaint  was  supported  by  a  total  of  10
companies.

The investigation was still pending at the end of the year.

3.2.9.

Ferro molybdenum from the People's Republic of China

The  anti-dumping  proceeding  was  initiated  on  9  November  2000,  following  a
complaint  lodged  by  Euro  Alliages  on  behalf  of  the  Community  industry.  The
complaint was supported by a total of two companies representing 66% of the total
Community production.

The investigation was still pending at the end of the year.

3.2.10. Worked monumental or building granite stones from the People's Republic of China

and India

The  anti-dumping  proceeding  was  initiated  on  11  November  2000,  following  a
complaint  lodged  by  the  European  &  International  Federation  of  Natural  Stone
Industries (EURO-ROC) on  behalf of producers representing a  major proportion of
the  total  Community  production  of  certain  worked  monumental  or  building  granite
stones.

The investigation was still pending at the end of the year.

3.2.11. Zinc oxide from the People's Republic of China

The  anti-dumping  proceeding  was  initiated  on  20  December  2000,  following  a
complaint  lodged  by  Eurométaux  on  behalf  of  the  Community  industry.  The
complaint was supported by a total of 6 companies.

27

The investigation was still pending at the end of the year.

4.

PROVISIONAL MEASURES

4.1.

Overview

In 2000, provisional duties were imposed in 48 proceedings involving imports from
18 different countries. As shown in Table 1 (see point 2), this figure compares to 17
in 1999 and 30 in 1998. The increase in the number of provisional measures imposed
during  2000  is  a  direct  consequence  of  the  high  level  of  investigations  initiated
during 1999.

An  overview  of  the  provisional  duties  imposed  in  2000  is  given  in  Annex  D.  This
section of the report gives a summary of each of these cases.

4.2.

Cases (in chronological order)

4.2.1.

Polyester staple fibres (AD) from Australia, Indonesia and Thailand

Provisional anti-dumping measures were imposed by the Commission on 21 January
2000.  The  proceeding  was  initiated  in  parallel  with  the  anti-dumping  proceeding
concerning  the  same  product  originating  in  the  same  countries  (see  above)  April
1999, following a complaint lodged by the International Rayon and Synthetic Fibres
Committee (CIRFS) on behalf of the Community industry.

The  investigation  confirmed  that  the  total  Community  consumption  in  the
investigation period (1 April 1998 to 31 March 1999) amounted to 578.000 tonnes.
The value of the total imports originating in the countries concerned during the same
period amounted to € 38,2 million.

Dumping

Due to the large number of exporting producers in Indonesia, the Commission used
sampling for the investigation of dumping in this country. Dumping was found for all
investigated  exporting  producers  in  the  three  countries  concerned  by  comparing
normal values with export prices to the Community by product type. The provisional
dumping margins established ranged from 5,2% to 36,6%.

Injury and causation of injury

The  Community  industry  was  found  to  have  suffered  material  injury  during  the
period 1996 to March 1999, particularly in terms of declining capacity, sales volume,
sales prices, market share,  investments  and  employment.  A  weighted  average  price
undercutting margin of 40%, expressed as a percentage of the Community producer's
sales price, was established during the investigation period.

Although  other  factors,  for  example  low-priced  imports  from  other  countries,  may
have contributed to the injury suffered by the Community industry, the Commission
found that the significant increase in import volume  from these three  countries and
their substantial price undercutting of the Community industry's prices had material
negative consequences on the situation of this industry. It was, therefore, concluded

28

that  dumped  imports  from  the  countries  concerned,  when  taken  in  isolation,  had
caused material injury to the Community industry.

Community interest

All  the  various  interests  involved  were  examined,  in  particular  those  of  the
Community industry, of the importers and of 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, to restore a competitive regime of fair pricing
practices and prevent further injury to the Community industry.

Measures

In  all cases, the injury  margins were  found  to  be  higher  than  the  dumping  margins
established  and,  therefore,  the  provisional  duty  rates  were  based  on  the  latter.  The
rates  of  the  duty  imposed  ranged  from  5,2%  to  36,6%.  However,  given  that  a
provisional countervailing duty based on export subsidies was imposed at the same
time against Australia (see parallel anti-subsidy proceeding), the anti-dumping  duty
rate for Australia was adjusted by the amount of the countervailing duty in order to
avoid  making  Australian  PSF  subject  to  two  measures  dealing  with  the  same
situation.

4.2.2.

Polyester staple fibres (AS) from Australia, Indonesia and Taiwan

On 21 January 2000, the Commission imposed a provisional countervailing duty on
imports of polyester staple fibres originating in Australia and Taiwan, and continued
the  investigation  regarding  Indonesia  without  imposing  provisional  measures.  The
proceeding  had  been  initiated  in  April  1999  following  complaints  lodged  by  the
International  Rayon  and  Synthetic  Fibres  Committee  ("CIRFS")  on  behalf  of
producers  representing  a  major  proportion  of  the  total  Community  production  of
polyester staple fibres (PSF).

The  investigation  confirmed  that  the  total  Community  consumption  in  the
investigation period (1 April 1998 to 31 March 1999) amounted to 578.967 tonnes.
The  value  of  the  total  imports  in  the  countries  concerned  during  the  same  period
amounted to € 32,2 million.

Subsidisation

(a) Australia

This  was  the  first  anti-subsidy  investigation  concerning  this  country.  It  was  found
that  the  exporting  producer  received  benefits  from  export  subsidies  under  the
following  schemes: 
the
International Competitiveness Scheme, the Investment Attraction Programme and the
Import  Credit  Scheme.  The  amount  of  subsidy  for  the  sole  exporting  producer  in
Australia was 6%.

the  Export  Market  Development  Grants  Scheme, 

(b)

Indonesia

This  was  the  first  anti-subsidy  investigation  concerning  imports  from  this  country.
Due to the high number of exporters, sampling methods were used. The companies
availed  themselves  of  the  BKPM  Schemes  and  the  BAPEKSTA  Schemes.  The

29

amounts of  countervailable  subsidies for  the  individual  exporters  in  the  sample  did
vary  from  0,2%  to  1%  and  were  therefore  below  the  de  minimis  threshold  for
subsidisation.  However,  it  should  be  noted  that  two  companies  representing  a
substantial share of imports of the product concerned into the Community did not co-
operate  in  this  proceeding.  The  treatment  of  these  companies  and  the  effect  on  the
establishment  of  the  country-wide  margin  of  subsidisation  was  further  investigated
and determined at the definitive stage of the proceeding.

(c)

Taiwan

This was the second investigation concerning Taiwan. Companies have been  found
to  benefit  from  the  following  subsidies  :  Tax  credits  and  tax  exemptions,  Loans  at
preferential  rates  on  the  basis  of  conditions  set  by  the  Executive  Yuan  of  the
Development  Fund,  Import  duty  exemptions  and  Matching  Funds  and  Assistance
Funds. The amounts of subsidies for the individual exporters did range from 1,1% to
1,5%. The subsidy margin for two companies was de minimis. The weighted average
country-wide subsidy margin was above the applicable de minimis threshold of 1%

Injury and causation of injury

The  Community  industry  was  found  to  have  suffered  material  injury  during  the
period 1996 to March 1999, particularly in terms of declining capacity, sales volume,
sales prices,  market share,  investments  and  employment.  A  weighted  average  price
undercutting  margin  of  21%  for  Australia  and  6,1%  for  Taiwan,  expressed  as  a
percentage  of  the  Community  producer's  sales  price,  was  established  during  the
investigation period.

Although  other  factors,  for  example  low-priced  imports  from  other  countries,  may
have contributed to the injury suffered by the Community industry, the Commission
found that the significant increase in import volume  from these three  countries and
their substantial price undercutting of the Community industry's prices had material
negative consequences on the situation of this industry. It was, therefore, concluded
that  dumped  imports  from  the  countries  concerned,  when  taken  in  isolation,  had
caused material injury to the Community industry.

Community interest

At  this  stage  of  the  proceeding,  no  compelling  reasons  were  found  against  the
imposition of countervailing measures.

Measures

A  provisional  countervailing  duty  of  6%  was  imposed  on  the  Australian  exporter,
and the residual duty was set at the same rate. Taiwanese exporters were subject to
provisional  CVD  rates  of  1,1%  to  1,5%,  with  rates  for  two  companies  being  de
minimis and the all other rate set at 1,5%.

4.2.3. Hot-rolled flat products of non-alloy steel (quarto plates) from the People's Republic

of China, India and Romania

Provisional  anti-dumping  measures  were  imposed  by  the  Commission  on  11
February  2000.  The  proceeding  had  been  initiated  in  May  1999,  following  a

30

complaint  lodged  by  EUROFER  (the  European  Confederation  of  Iron  and  Steel
Industries).

The  investigation  confirmed  that  the  total  Community  consumption  in  the
investigation  period  (1  January  1998  until  31  March  1999)  amounted  to  about  7,2
million  tonnes.  The  value  of  total  imports  originating  in  the  countries  concerned
amounted to € 308 million during the same period.

Dumping

A  number  of  Chinese  companies  requested  market  economy  treatment,  but  since
none of these  companies met all the criteria it was decided to reject these  requests.
The normal value therefore had to be based on an analogue country. For this purpose
India  was  used.  All  Chinese  companies  also  requested  individual  treatment,  i.e.  to
receive  an  individual  dumping  margin  based  on  their  own  export  prices.  These
requests had to be rejected as well since none of these companies met all the criteria
required.

The  dumping  margins  were  established  on  the  basis  of  a  comparison  between  the
weighted average normal value and the weighted average export price. Dumping was
found  with  regard  to  all  the  exporting  producers  in  the  countries  concerned,  with
dumping margins at Community frontier level ranging from 14,4% to 52,6%.

Injury and causation of injury

The investigation showed that while consumption grew by 5% between 1995 and the
investigation  period,  dumped 
the  countries  concerned  grew
imports  from 
exponentially. They increased their market share by 4,9%.

The  Community  industry  had  to  reduce  production  and  sales,  with  a  concomitant
increase in its stock levels, while price undercutting by the dumped imports increased
sharply. Prices and profits experienced very strong falls in the last six months of the
investigation  period.  It  was  thus  considered  that  the  Community  industry  has
suffered material injury.

In  the  light  of  the  sharp  growth  in  the  volumes  of  dumped  imports,  with  the
accompanying  increase  in  price  undercutting  and  the  marked  worsening  of  the
situation of the Community industry, it was concluded that the dumped imports had
played a decisive role in causing the material injury to the Community industry.

Community interest

In general, crude steel production can only benefit from stable prices for downstream
products.  The  lack  of  interest  shown  by  the  user  industries,  co-operation  being
almost zero, suggests that measures would have only a limited, insignificant effect on
users’  activities.  It  was  therefore  concluded  that  there  were  no  compelling  reasons
not  to  impose  measures,  particularly  as  other  sources  of  supply  not  subject  to
measures exist.

Measures

31

Since  for  each  country  concerned  the  dumping  margin  established  was  higher  than
the  injury  margin,  measures  were  based  on  the  latter.  The  rates  of  duty  imposed
ranged from 9,6% to 21,8%.

4.2.4. Malleable cast iron tube or pipe fittings from Brazil, the Czech Republic, Japan, the

People's Republic of China, the Republic of Korea and Thailand

Provisional  anti-dumping  measures  were  imposed  by  the  Commission  on  29
February  2000.  The  proceeding  had  been  initiated  in  May  1999,  following  a
complaint  lodged  by  the  Defence  Committee  of  Malleable  Cast  Iron  Tube  or  Pipe
Fittings Industry of the European Union.

The investigation, which was originally also opened against Croatia and the Federal
Republic  of  Yugoslavia,  showed  that  the  market  share  for  these  countries  was  de
minimis. Therefore, no provisional measures were imposed.

Furthermore,  the  investigation  confirmed  that  the  total  Community  consumption  in
the investigation period (1 April 1998 to 31 March 1999) amounted to 61.000 tonnes.
The value of the total imports originating in the countries concerned during the same
period amounted to around € 32 million.

Dumping

Three  Chinese  exporting  producers  requested  market  economy  status.  The
Commission  did  not  grant  market  economy  status  to  these  companies  due  to
significant state interference in their activities. As most appropriate market economy
third country, Thailand was  used as analogue  country to  establish  normal  value for
China.

The dumping margins provisionally found amounted to 28,5% for Brazil, 49,4% for
China,  28,4%  for  the  Czech  Republic  and  ranged  from  17,6%  to  28,3%  for  Japan,
from 11,8% to 24,6% for Korea and from 6,3% to 25,8% for Thailand.

Injury and causation of injury

The  market  shares  of  the  imports  from  the  countries  concerned  in  the  Community
increased from 20% to 29% between 1995 and the investigation period. The imports
volumes  increased  by  around  20%.  The  weighted  average  import  price  of  the
countries concerned decreased by  5,5% between 1995 and the investigation period.
However, when looking at the period between 1996 and the investigation period, the
price decrease amounted to 10%. Moreover, substantial undercutting has been found
during the investigation period for all countries concerned.

The  situation  of  the  Community  industry  deteriorated  between  1995  and  the
investigation period. Almost all the economic indicators had a negative development
in that period. Moreover one plant closed down in 1995.

The  analysis  established  that  the  cause  of  the  material  injury  suffered  by  the
Community industry have been caused by the imports from the countries concerned.
In  fact,  the  deterioration  of  the  Community  industry  coincided  with  the  significant
increase  of  the  import  volumes  and  market  shares  of  the  countries  concerned  and
with  the  decrease  of  their  prices,  in  particular  as  from  1996.  The  impact  of  other
factors, such as the imports from other third countries or the substitution effect due to

32

fittings of different materials, have been examined as well, but have been considered
not to have contributed to the material injury found.

Community interest

As to the importers, the investigation has shown that they are on average profitable
and that they have in several cases alternative sources of supply and deal with a large
product  range,  other  than  the  malleable  fittings.  With  respect  to  the  users  (gas  and
water distributors, plumbers, installers of heating and installers of sanitary fittings), it
was  concluded  that  the  impact  of  anti-dumping  measures  would  be  negligible.  In
fact,  the  cost  of  malleable  fittings  on  the  total  costs  sustained,  for  example,  in  a
domestic  gas  installation,  has  been  estimated  at  around  1%.  It  was  therefore
concluded that there were no compelling reasons not to impose anti-dumping duties.

Measures

Since  the  level  of  injury  found  exceeded  the  dumping  margins  provisionally
established for most companies, provisional duties were set mostly at the level of the
latter:  26,1%  for  Brazil,  49,4%  for  China,  28,4%  for  the  Czech  Republic,  between
17,6% and 28,3% for Japan, between 11,8% and 24,6% for Korea and between 6,3%
and 25,8% for Thailand.

The  co-operating  exporting  producer  in  the  Czech  Republic  offered  a  price
undertaking  which  could  be  accepted  by  the  Commission  since  it  eliminates  the
injurious effect of dumping.

4.2.5.

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

Provisional anti-dumping measures were imposed by the Commission on 24 March
2000. The proceeding had been initiated in June 1999, following a complaint lodged
by  the  European  Fertiliser  Manufacturers  Association  on  behalf  of  the  Community
industry.

The  investigation  confirmed  that  the  total  Community  consumption  in  the
investigation period (1 June 1998 to 31 May 1999) amounted to 3,3 million tonnes.
The value of the total imports originating in the countries concerned during the same
period amounted to around € 100,5 million.

The  investigation  was  originally  also  opened  against  the  Slovak  Republic.  No
dumping margin was however calculated for the Slovak Republic, due to the absence
of  material  impact  of  the  Slovak  imports  on  the  injury  caused  to  the  Community
industry.

Dumping

As  regards  the  sole  exporting  producer  in  Lithuania  and  Algeria,  the  dumping
margins were established on the basis of a comparison of a constructed normal value
with weighted average export price.

For the three other non-market economy countries, Russia, Belarus, and Ukraine, the
Commission  determined  the  normal  value  on  the  basis  of  data  obtained  from
producers  in  a  market  economy  third  country,  in  this  case  Lithuania.  This  normal

33

value  was  compared  with  export  prices  for  each  of  these  countries,  which  were
generally  established  on  the  basis  of  the  prices  actually  paid  or  payable  for  the
product when sold for export to the Community. However,  for  Ukraine,  in view of
the exporter’s non-co-operation, the  facts available  were used,  in this  case  Eurostat
and the figures in the complaint.

Injury and causation of injury

The  overall  situation  of  the  Community  industry  improved  between  1995  and
1996/1997, in parallel to the imposition of measures on imports of UAN originating
in  Poland  and  Bulgaria.  However,  between  1997  and  the  investigation  period,  it
worsened,  as  indicated  by  the  unfavourable  development  of  economic  indicators
during the period under investigation.

The  analysis  provisionally  established  that  the  imports  originating  in  the  Slovak
Republic did  not cause  material  injury  to  the  Community  industry.  With  respect  to
the other countries concerned, it was established that the cause for the material injury
suffered by the Community industry was the imports originating in these countries.
The  worsening  of  the  Community  industry’s  situation  coincided  in  time  with  the
significant  increase  in  the  import  volumes  and  market  shares  of  the  countries
concerned and the decrease in their prices, in particular as from 1997.

Community interest

It  was  found  that  without  measures,  the  price-depressive  effect  of  the  dumped
imports would continue to frustrate all efforts of the Community industry to regain a
satisfactory margin of profitability. As concerns the importers/traders, given the level
and nature of the measures proposed, it was considered that imports would continue
to  take  place,  albeit  at  non-injurious  prices,  although  it  could  not  be  excluded  that
these importers would face some negative effects. With respect to the users (farmers
and  farmers’  co-operatives),  the  Commission  considered  that  any  anti-dumping
measures would most likely not have a decisive impact on the users.

Measures

The  provisional  duties  set  for  Algeria  (9,42  €/tonne),  Lithuania  (5,19  €/tonne),
Russia  (15,46  €/tonne)  and  Ukraine  (21,47  €/tonne)  were  based  on  the  dumping
margins  as  these  were  found  to  be  lower  than  the  injury  margins.  For  imports
originating in Belarus, the duty was based on the injury margin (18,02 €/tonne).

4.2.6.

Stainless steel fasteners (AS) from Malaysia and the Philippines

Provisional  countervailing  duties  were  imposed  by  the  Commission  on  22  March
2000.  The  proceeding  had  been  initiated  on  26  June  1999,  following  a  complaint
lodged  by  the  European  Industrial  Fasteners  Institute.  The  investigation  originally
covered Thailand, Malaysia, the Philippines and Singapore.

However,  since  the  investigation  showed  that  the  countrywide  subsidy  margin  for
Singapore and Thailand were zero or below the de minimis threshold, the proceeding
was terminated as regards imports from these 2 countries.

The  investigation  confirmed  that  the  total  Community  consumption  in  the
investigation  period  (1  April  1998  to  31  March  1999)  amounted  to  around  €  239

34

million. The value of the total imports originating in the countries concerned during
the same period amounted to around € 19 million.

Subsidisation

As  regards  Malaysia,  the  investigation  revealed  that  the  companies  obtained
countervailable  benefits  under  the  Pioneer  Status,  sales  tax  and  import  duty
exemptions  for  companies  in  export  processing  and  double  deductions  of  eligible
expenses. The  investigation  resulted in  subsidy margins, which  ranged  from  11,3%
to 3,7%.

For  the  Philippines,  the  investigation  showed  that  the  exporting  producer  obtained
benefits under the income tax exemption scheme and the import duty exemption on
imports  of  spare  parts.  The  subsidy  margin  for  the  sole  co-operating  producer  was
3,5%.

Injury and causation of the injury

The volume of imports from the countries concerned increased between 1996 and the
investigation  period  (by  16%),  as  did  their  share  of  the  Community  market  (from
7,9%  in  1996  to  12,4%  in  the  investigation  period).  The  prices  of  these  imports
decreased substantially during the same period (by 11%).

The  Community  industry  was  found  to  suffer  injury  in  the  form  of  a  severe  price
depression  caused  by  the  price  undercutting  with  the  consequent  deterioration  of
profitability (-0,8% during the investigation period).

The  investigation  showed  that  the  imports  from  the  countries  concerned  caused
injury  to  the  Community  industry:  the  deterioration  of  the  situation  of  the
Community  industry  coincided  with  the  substantial  decrease  in  its  prices.  Other
factors examined were not found to break the causal link.

Community interest

No  reasons  were  found  on  grounds  of  the  Community  interest  not  to  impose
countervailing measures.

Measures

For  each  country,  the  total  of  the  subsidy  margin  established  was  lower  than  the
injury margin. The level of the duty imposed to  the  Malaysian exporting  producers
took into account the totality of the domestic subsidy plus the export subsidy amount
in excess of the existing anti-dumping duty. The countervailing duty was thus 0% for
one exporting producer and 1,8% for the other (the residual duty was also established
at this level), which was below the total amount of subsidy found. The duty for the
only Philippine exporting producer as well as the residual duty was 3,5%.

4.2.7. Cathode-ray  colour  television  picture  tubes  from  India,  Malaysia,  the  People's

Republic of China and the Republic of Korea

Provisional anti-dumping measures were imposed on 27 April 2000. The proceeding
was  initiated  in  July  1999,  following  a  complaint  lodged  by  the  Taskforce  against

35

Unfair Business in Europe (TUBE), on behalf of the sole producer in the Community
not related to exporters in the countries concerned.

The investigation confirmed that total Community consumption in the investigation
period (1 July 1998 - 30 June 1999) amounted to 3,4 million units. The value of total
imports  originating in  the  countries concerned during  the same period  amounted  to
€ 38,9 million.

The investigation showed, in respect of all countries except Lithuania, the existence
of dumping and injury caused to the Community industry, as well as of a causal link
between the two. It was also shown that the adoption of provisional measures would
not be against the Community interest. In the case of Lithuania, it was found that the
dumping  margin  was  below  the  de  minimis  threshold  set  out  in  Article  9(3)  of  the
basic Regulation.

Provisional anti-dumping duties were therefore imposed in respect of imports of the
product concerned originating in India (21,2%), Malaysia (between 0 and 5,2%), the
People’s Republic of China (11%) and the Republic of Korea (20,4%).

4.2.8. Hairbrushes  from  the  People's  Republic  of  China,  the  Republic  of  Korea,  Taiwan

and Thailand

Provisional  anti-dumping  measures  were  imposed  by  the  Commission  on  9  May
2000. The proceeding was initiated in August 1999, following a complaint lodged by
the  Fédération  Européenne  des  Industries  de  la  Brosserie  et  de  la  Pinceauterie,  on
behalf  of  Community  producers  representing  more  than  70%  of  the  Community
production of hair brushes.

The  investigation  confirmed  that  the  total  Community  consumption  in  the
investigation  period  (July  1998  -  June  1999)  amounted  to  107  million  pieces.  The
value  of  the  total  imports  originating  in  the  countries  concerned  during  the  same
period amounted to € 39 million.

Dumping

As regards Korea and Taiwan, the dumping margins were established on the basis of
a comparison between the weighted average normal value and the weighted average
export price at ex-factory level on a type-by-type basis and at the same level of trade.
This led to dumping margins at Community frontier level ranging from 5% to 19,5%
for Korea and of 3,1% for Taiwan.

For  the  seven  Chinese  co-operating  companies  which  were  granted  individual
treatment, it was provisionally decided to establish the dumping margin on the basis
of  sampling  in  view  of  the  considerable  number  of  types  of  hairbrushes  exported
from China and the large number of companies concerned. The sample was selected
on  the  basis  of  the  four  most  popular  types  of  hairbrushes  sold  by  the  two  largest
exporters and is largely representative since it covers more than 70% of the exports
of  the  companies  concerned  This  led  to  a  single  dumping  margin  at  Community
frontier of 48,2% applicable to all seven co-operating exporting producers.

As regards Thailand, the dumping  margin was  established  on  the  basis  of  the  facts
available since the only known exporting producer was considered non-co-operating.
The dumping margin for Thailand was based on the complaint, at 48,4%.

36

Injury and causation of injury

The material injury suffered by the Community industry was caused by the imports
from  the  four  countries  concerned.  In  fact,  the  deterioration  of  the  situation  of  the
Community  industry  coincided  with  the  significant  increase  in  the  import  volumes
and market shares of the countries concerned and with the decrease in their prices, in
particular from 1997. While Community consumption rose by around 33% between
1996  and  the  investigation  period,  the  sales  volume  of  the  Community  industry
decreased  by  around  5%  and  the  volume  of  dumped  imports  increased  by  46%.
These opposing trends resulted in a loss of market share for the Community industry
by 7 percentage points.

The  impact  of  other  factors,  such  as  imports  from  other  third  countries,  were
considered not to have contributed to the material injury found.

Community interest

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

Indeed,  the Community industry had  proven to be  viable,  tried  to  adapt  its  product
range to the changing market conditions and had the potential capacity to satisfy an
important  share  of  the  Community  market.  Importers  dealt  with  a  large  product
range,  of  which  hairbrushes  were  only  a  small  part  and  could  source  from  the
Community industry, the countries concerned and third countries. The amount of the
duties paid was not likely to be passed over entirely to the consumers.

Measures

On this basis, seven Chinese companies were subject to a provisional anti-dumping
duty of 48,2%, whereas a specific residual duty of € 0,55 was imposed on the non co-
operating Chinese companies in view of the high level of non-co-operation.

Three  Korean  companies  were  subject  to  provisional  anti-dumping  duties  ranging
between  5%  and  19,5%,  with  a  residual  duty  of  42,6%  for  the  non  co-operating
companies.

One  Taiwanese  company  was  subject  to  a  provisional  anti-dumping  duty  of  3,1%,
with a residual anti-dumping duty of 11,9% for all other companies.

Finally, as concerns Thailand and given that there was no co-operation, the country-
wide provisional duty rate was 48,4%.

4.2.9. Glycine from the People's Republic of China

Provisional  anti-dumping  measures  were  imposed  by  the  Commission  on  19  May
2000.  The  proceeding  had  been  initiated  in  August  1999,  following  a  complaint
lodged  by  the  European  Chemical  Industry  Council  (CEFIC)  on  behalf  of  the  sole
producer of glycine in the Community.

The  investigation  confirmed  that  the  value  of  the  total  imports  originating  in  the
country concerned during the investigation period amounted € 5,9 million.

37

Dumping

Although  five  Chinese  companies  claimed  market  economy  status,  none
demonstrated that they fulfilled all relevant conditions. Therefore, normal value had
to be determined by reference to a market economy analogue country, Hungary

The single weighted average dumping margin established for all Chinese exporters,
expressed as a percentage of the export price free at Community frontier, amounted
to 45,9%.

Injury and causation of injury

The  Commission  found  that  the  Community  producer  suffered  material  injury
between 1996 and June 1999, particularly in terms of a reduction in sales volume, in
market  share,  in  prices  and  in  employment  levels  for  the  product  concerned.  A
weighted  average  price  undercutting  margin,  expressed  as  a  percentage  of  the
Community producer's sales price, of 24,7%, was calculated.

Furthermore,  the  Commission  found  that  the  pricing  behaviour  of  the  Chinese
exporters led to the significant increase in their sales volume and market share on the
Community  market  at  the  expense of the  production, sales and market share  of  the
Community producer. It was, therefore, concluded that dumped imports from China,
when  taken  in  isolation,  had  been  the  cause  of  the  material  injury  suffered  by  the
Community industry.

Community interest

Although  the  imposition  of  anti-dumping  measures  may  possibly  have  negative
effects on downstream industries, not taking anti-dumping measures could entail the
disappearance of the sole Community producer. This would reduce competition and
prices  would  be  likely  to  rise.  It  was,  therefore,  provisionally  concluded  that  there
were no compelling reasons not to adopt measures.

Measures

The injury margin was found to be lower than the dumping margin established and
therefore, the provisional duty rate was based on the injury margin of 39,7%. A fixed
amount  duty  of  910  €/tonne  was  considered  the  most  appropriate  measure  in  these
circumstances.

4.2.10. Styrene-butadien-styrene (SBS) thermoplastic rubber(AD) from Taiwan

Provisional  anti-dumping  measures  were  imposed  by  the  Commission  on  25  May
2000. The proceeding had been initiated in June 1999, following a complaint lodged
by  the  European  Chemical  Industry  Council  (CEFIC)  on  behalf  of  Community
producers  representing  a  major  proportion  of  the  Community  production  of  SBS
thermoplastic rubber.

The  investigation  confirmed  that  the  total  Community  consumption  in  the
investigation period (1 July 1998 - 30 June 1999) amounted to 203.450 tonnes. The
value  of  the  total  imports  from  Taiwan  during  the  same  period  amounted  to  € 9,4
million.

38

Dumping

Normal  value  was  based  either  on  domestic  prices  or  constructed  value  where
domestic sales were unrepresentative.

Export prices were established on the basis of prices actually paid or payable by the
first  independent  customer  in  the  Community.  For  both  exporters  average  normal
values  were  compared  to  individual  transaction  export  prices,  for  all  transactions
throughout  the  investigation  period,  since  specific  targeting  was  found,  i.e.  all  the
dumping took place in the last half of the investigation period.

The provisional dumping margin found for the two co-operating exporting producers
was 5,3% and 9,1%.

Injury and causation of injury.

After  examining  all  of  the  elements  affecting  the  Community  industry,  the
Commission concluded that material injury had been suffered. This assessment was
based  upon  the  significant  price  undercutting  practised  by  the  exporting  producers
(averaging 12%) together with the increase in imports from Taiwan, both in absolute
terms and in market share, between 1995 and the investigation period.

Over the same period, the Community industry saw decreases in investments (-35%),
employment (-5%), capacity utilisation (-16%), sales prices (-47%), market share (-5
percentage points), and profitability (from a profit of 14,9% in 1995 to a net loss of
9,8% during the investigation period).

In  view  of  the  substantial  increase  in  import  volume  from  Taiwan,  and  the
considerable degree of price decreases and price undercutting for these imports, the
Commission concluded that the dumped imports from Taiwan caused material injury
to the Community industry.

One  interested  party  claimed  that  only  one  exporter  from  Taiwan  had  been
responsible  for  the  significant  price  drop  and,  consequently,  that  only  this  exporter
should  be  subject  to  measures.  However,  the  Commission  found  that  both  co-
operating  exporters  from  Taiwan  had  significantly  undersold  and  undercut
Community industry prices, albeit to different degrees. The argument was therefore
rejected.

39

Community interest

At  this  stage  of  the  proceeding,  the  Commission  concluded  that  there  were  no
compelling reasons not to impose antidumping measures.

Measures

Two Taiwanese exporters co-operated in the investigation. Provisional antidumping
duties of 5,3% and 9,1% were imposed on these two exporters. The rate of residual
duty  to  apply  to  Taiwanese  companies  which  failed  to  co-operate  was  set  at  20%,
based on the highest dumping margins found for both co-operating companies. This
approach was deemed necessary due to the low level of co-operation (equivalent to
less than 30% of Taiwanese exports of the product concerned to the Community).

4.2.11. Styrene-butadien-styrene (SBS) thermoplastic rubber (AS) from Taiwan

Provisional  countervailing  measures  were  imposed  by  the  Commission  on  25  May
2000. The proceeding had been initiated in June 1999, following a complaint lodged
by  the  European  Chemical  Industry  Council  (CEFIC)  on  behalf  of  Community
producers  representing  a  major  proportion  of  the  Community  production  of  SBS
thermoplastic rubber.

The  investigation  confirmed  that  the  total  Community  consumption  in  the
investigation period (1 July 1998 to 30 June 1999) amounted to 203.450 tonnes. The
value  of  the  total  imports  originating  in  the  countries  concerned  during  the  same
period amounted to € 9,4 million.

Subsidisation

Four schemes allegedly available for granting countervailable subsidies to exporters
in  Taiwan  were  investigated.  These  schemes  are  Tax  Credits  and  Tax  Exemptions,
Loans  at  Preferential  Interest  Rates,  Accelerated  Depreciation,  and  Import  Duty
Exemption.  For  the  Accelerated  Depreciation  scheme,  whilst  the  scheme  had  been
used by at least one exporter, the amount of benefit was found to be so small as to be
negligible. For the other three schemes, it was found that they benefited both of the
exporters  of  the  product  concerned.  All  three  schemes  were  found  to  be
countervailable  under  Regulation  (EC)  No  2026/97  as  they  all  involve  a  financial
contribution from the Government of Taiwan in the  form of foregone revenue,  and
they confer a benefit on the companies concerned by relieving them of certain costs.
The  schemes  are  all  either  contingent  upon  the  use  of  domestic  over  imported
products  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 two co-operating Taiwanese
exporters  during  the  investigation  period,  it  was  found  that  one  of  the  exporters
benefited from a subsidy of 1,6% and the other of 2,1%.

Injury and causation of injury / Community interest

The  findings  on  injury,  causation  of  injury  and  Community  interest  can  be  found
under point 4.2.10.

40

Measures

Two Taiwanese exporters co-operated in the investigation. A countervailing duty of
1% was imposed on one of the exporters and  a rate of 1,5%  imposed  on the other.
The  rate  of  residual  duty  to  apply  to  Taiwanese  companies  which  failed  to  co-
operate, in accordance with the Commission’s policy not to reward non co-operation,
was set at 8,2%.

4.2.12. Coke  of  coal  in  pieces  with  a  diameter  of  more  than  80  mm  from  the  People's

Republic of China

Provisional  anti-dumping  measures  were  imposed  by  the  Commission  on  15  June
2000. The proceeding had been initiated in September 1999, following a  complaint
lodged by EUCOKE-EEIG.

The  investigation  confirmed  that  the  total  Community  consumption  in  the
investigation  period  (1  July  1998  to  30  June  1999)  amounted  to  1.372.862  tonnes.
The volume of the total imports originating in the country concerned during the same
period was 383.150 tonnes.

Dumping

One  company  claimed  market  economy  status.  The  investigation  revealed  however
that  the  company  concerned  did  not  meet  the  necessary  criteria.  Consequently,  the
claim  had  to  be  rejected  and  normal  value  was  based  on  the  information  obtained
from an analogue third country. As most appropriate market economy third country,
the USA was used as analogue country to establish normal value.

Three  companies claimed individual treatment. However,  one  company  did  not  co-
operate  during  the  proceeding  and  the  two  others  did  not  demonstrate  a  sufficient
level of independence from the State. Their requests were thus rejected.

The provisional country-wide dumping margin exceeded 60%.

Injury and causation of injury

The investigation revealed that the situation of the Community industry deteriorated
in  terms  of  production,  capacity  utilisation,  cost  of  production,  stocks,  volume  and
value  of  sales,  market  share  as  well  as  profitability.  This  deterioration  was
attributable  to  the  effect  of  the  dumped  imports,  which  surged  in  the  same  period
(+63%)  and  gained  the  market  share  lost  by  the  Community  industry  (+10,6
percentage  points)  through  low  prices,  which  significantly  undercut  those  of  the
Community industry (29,5%).

All  other  factors  examined  such  as  the  prices  of  raw  materials,  changes  in
environmental legislation, alleged over-capacity in the Community and imports from
other third countries were not found to have negatively affected the situation of the
Community industry.

41

Community interest

It  was  found  that  the  imposition  of  measures  was  unlikely  to  have  significant
negative effects on the main industrial users of coke 80+ (foundries and stone wool
producers), while it would allow the Community industry to recover.

Regarding  foundries,  whose  profitability  ranged  between  5,1%  and  22,1%,  it  was
found that coke 80+ represents a very small part of their overall costs (2,3% of the
full costs). In this respect, the imposition of the measures proposed would result in a
maximum increase in foundries' costs of less than 0,5%.

Regarding the major stone wool producer, Rockwool, whose profitability amounted
to  [between  7%  and  9%]  in  199816,  it  was  found  that  the  negative  impact  of  the
measures was likely to be limited given that coke 80+ represented only [between 2%
and  5%]17  of  its  cost  of  production.  Therefore,  a  provisional  anti-dumping  duty  as
proposed would have a maximum hypothetical increase in the cost of production of
Rockwool  of  around  1%.  Furthermore,  moderate  price  increases  were  found  to  be
passed on to customers.

On the other hand, had measures not been imposed, the situation of the Community
industry would have been likely to deteriorate. Given the level of losses made by the
Community  industry,  this  could  have  led  in  the  medium  term  to  closures  and  to
shortages of supply in the Community market.

Therefore, it was concluded that imposing anti-dumping measures was in the overall
interest of the Community.

Measures

Since  the  level  of  dumping  found  exceeded  the  injury  elimination  margin
provisionally  established,  the  provisional  duty  of  45,1%  was  set  at  the  level  of  the
latter. It was considered appropriate to impose the duty in form of a specific amount
of  33,7  €/tonne  to  ensure  the  efficiency  of  the  measure  and  discourage  any
absorption of the measure through a decrease in the export prices.

4.2.13. Polyester staple fibres from India and the Republic of Korea

Provisional  measures  were  imposed  by  the  Commission  on  6  July  2000.  Two
proceedings were initiated in October and December 1999, following two complaints
lodged  by  the  International  Rayon  and  Synthetic  Fibres  Committee  (CIRFS)  on
behalf  of  the  Community  industry.  The  complaints  were  supported  by  a  total  of  8
companies  representing  a  major  proportion  of  the  Community  production  of
polyester staple fibres.

The  investigation  confirmed  that  the  total  Community  consumption  in  the
investigation  period  (1  October  1998  to  30  September  1999)  amounted  to  588.466
tonnes. The value of the total imports originating in the countries concerned during
the same period amounted to Ecu/€ 68,8 million.

16

17

Actual data has been indexed for reasons of confidentiality.
See previous footnote

42

                                                
Dumping

Dumping  was  found  for  all  investigated  exporting  producers  in  both  countries  by
comparing  normal  values  with  export  prices  to  the  Community  by  product  type.
However,  for  two  Korean  exporting  producers,  the  dumping  margins  established
were  de  minimis.  The  provisional  dumping  margins  established  for  all  the  other
exporting producers ranged from 5,3% to 36,5%.

Injury and causation of injury

The  Community  industry  was  found  to  have  suffered  material  injury  during  the
period  1996  to  September  1999,  particularly  in  terms  of  declining  capacity,  sales
volume,  market  share  and  employment.  A  weighted  average  price  undercutting
margin of 23%, expressed as a percentage of the Community producer's sales price,
was established during the investigation period.

Although other factors, in particular low priced imports from other countries  where
anti-dumping  and  countervailing  measures  were  already  imposed,  have  contributed
to  the  injury  suffered  by  the  Community  industry,  the  Commission  found  that  the
significant increase in import volume from these two countries and their substantial
price  undercutting  of  the  Community  industry's  prices  had  material  negative
consequences  on  the  situation  of  this  industry.  It  was,  therefore,  concluded  that
dumped imports from the countries  concerned,  when taken in isolation, had caused
material injury to the Community industry.

Community interest

All various interests involved were examined in particular those of  the Community
industry,  of  the  importers  and  of  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, to restore a competitive regime of fair pricing practices
and prevent further injury to the Community industry.

Measures

In  all cases, the injury  margins were  found  to  be  higher  than  the  dumping  margins
established  and,  therefore,  the  provisional  duty  rates  were  based  on  the  latter.  The
rates of the duty imposed ranged from 0% to 36,5%.

4.2.14. Ammonium nitrate from Poland and Ukraine

Provisional  anti-dumping  measures  were  imposed  by  the  Commission  on  26  July
2000.  The  proceeding  had  been  initiated  in  October  1999,  following  a  complaint
lodged  by  the  European  Fertiliser  Manufacturers  Association  on  behalf  of  the
Community industry.

The investigation, which was originally also opened against  Lithuania, showed that
the  dumping  margin  found  was  de  minimis.  Therefore,  and  pending  further
investigation,  it  was  provisionally  proposed  not  to  impose  any  duties  on  these
imports.

43

The  total  Community  consumption  in  the  investigation  period  (1  April  1998  to  30
September  1999)  amounted  to  7,1  million  tonnes.  The  value  of  the  total  imports
originating in Poland and Ukraine during the same period amounted to € 53 million.

Dumping

As  regards  the  exporting  producers  in  Lithuania  and  Poland,  the  dumping  margins
were established on the basis of a comparison of the weighted average normal value
with  weighted  average  export  price  at  the  same  level  of  trade.  The  provisional
dumping  margins  established  for  Poland  ranged  from  25,4  to  43,4%,  whereas  for
Lithuania it was found to be de minimis.

Since the Ukraine is a non-market economy country, the Commission determined the
normal value on the basis of data obtained from producers in a market economy third
country, in this case Poland. As far as the export price is concerned, in view of the
Ukrainian  exporter’s  non-co-operation,  the  facts  available  were  used,  in  this  case
Eurostat and the figures provided in the complaint.

Injury and causation of injury

The overall situation of the Community industry improved between 1995 and 1996.
However, between 1996 and the investigation period it worsened considerably.

The  analysis  provisionally  established  that  the  material  injury  suffered  by  the
Community  industry  has  been  caused  by  the  imports  from  the  two  countries
concerned. In fact, the deterioration of the Community industry’s situation coincided
in time with the significant increase of the import volumes and market shares of the
countries concerned and with the decrease of their prices, in particular as from 1996.
Other  factors,  such  as  the  decreasing  imports  from  other  third  countries,  are
considered not to have contributed to the material injury found.

Community interest

Without  measures,  the  price-depressive  effect  of  the  dumped  imports  would  have
continued to frustrate  all efforts of the Community industry  to  regain  a satisfactory
margin of profitability. As for the importers/traders, given the level and nature of the
measures  proposed,  it  was  considered  that  imports  would  continue  to  take  place,
albeit at non-injurious prices, although it could not be excluded that these importers
would face some negative effects. With respect to the users (farmers and farmers’ co-
operatives), the Commission considered that any anti-dumping measures would most
likely not have a decisive impact on them.

Measures

The provisional duties set for Poland (between 22,61 and 26,91 €/tonne) and Ukraine
(33,25  €/tonne)  were  based  on  the  injury  margins  as  these  were  found  to  be  lower
than the dumping margins.

4.2.15. Polyethylene terephthalate (PET) (AD) from India, Indonesia, the Republic of Korea,

Malaysia, Taiwan and Thailand

Provisional anti-dumping  measures  were  imposed  by  the  Commission  on  5  August
2000. The proceeding had been initiated in November  1999, following  a complaint

44

lodged by the Association of Plastic Manufacturers in Europe (A.P.M.E) on behalf of
producers representing over 85% of Community production. A parallel anti-subsidy
investigation was initiated on the same date.

The  investigation  confirmed  that  the  total  Community  consumption  in  the
investigation period (1 October 1998 to 30 September 1999) amounted to 1.338.229
tonnes. The volume of total imports originating in the countries concerned during the
same period amounted to 307.000 tonnes.

Dumping

The dumping margins provisionally found ranged from 30% to 52,6% for India, from
15,2% to 73,7% for Indonesia, from 3,2% to 55,8% for Korea, from 8,3% to 34,2%
for Malaysia, from 8,1% to 12,4% for Taiwan and amounted to 32,5% for Thailand.

Injury and causation

Quantities  of  the  product  concerned  imported  into  the  Community  from  the  6
countries subject to investigation grew by 136%, between 1996 and the investigation
period,  while  their  market  share  increased  by  more  than  50%  and  their  prices
decreased by 45% from 1996 to the investigation period.

In a fast growing Community market (more than 10% per year), the production of the
Community industry increased by 89% from 1996 to the investigation period and its
market share remained almost constant, at the level of 58%. At the same time, prices
dropped  by  37%.  This  price  development  arose  from  the  Community  industry’s
efforts to maintain its market share in the face of increasing downward pressure on
prices  from  dumped  imports.  Because  of  this  business  behaviour,  the  level  of
undercutting found was low.

As  a  result, during  the  investigation  period,  the  Community  industry  suffered  from
the continuation of the severe depression of its profit margins that could not recover
because of the pressure imposed by dumped imports, and thus made financial losses.
Furthermore,  despite  a  foreseeable  rapidly  expanding  market,  the  Community
industry was not able to invest due to its precarious situation.

The  Commission,  therefore,  considered  that  the  Community  industry  has  suffered
material injury within the meaning of Article 3 of the basic Regulation.

It was found that, considered  in isolation, the dumped  imports  from  all  6  countries
have  caused  material  injury  to  the  Community  industry  by  depressing  and
suppressing prices on the Community market since the beginning of 1997. None of
the other factors examined had an impact on the situation of the Community industry
such  as  to  break  the  causal  link  between  the  dumped  imports  from  the  concerned
countries and the injury suffered by the Community industry.

45

Community interest

The  imposition  of  measures  will  allow  PET  producers  and  their  suppliers  of  raw
materials  to  improve  profitability  and  to  have  the  possibility  of  making  new
investments. Measures are, therefore, clearly in their interest.

Although  there  are  indications  that  measures  could  have  an  impact  on  user  sectors
(soft drinks and water producers and plastic converters), it was difficult, at that stage,
to draw firm conclusions due to the low level of co-operation on the user side and the
resulting lack in the information available.

The Commission concluded that, at the provisional stage, the imposition of measures
was not contrary to the overall interest of the Community.

Measures

Provisional  duties  were  imposed  at  the  lesser  level  of  either  the  dumping  margin
found  or  the  injury  elimination  margin  found.  Provisional  anti-dumping  duties,
taking into account the countervailing duties  established in the parallel anti-subsidy
proceeding,  ranged  from  27,5%  to  31,8%  for  India,  from  15,2%  to  35,1%  for
Indonesia, from 3,2% to 26,5% for Korea, from 4,1% to 34,2%  for  Malaysia,  from
8,1% to 12,4% for Taiwan and amounted to 14,1% for Thailand.  It was considered
appropriate to impose duties in form of a specific amount per tonne.

4.2.16. Polyethylene terephthalate (PET) (AS) from India, Malaysia, Taiwan and Thailand

Provisional countervailing measures were imposed by the Commission on 5 August
2000. The proceeding had been  initiated in November  1999, following  a complaint
lodged by the Association of Plastic Manufacturers in Europe (A.P.M.E) on behalf of
producers representing over 85% of Community production. A parallel anti-dumping
investigation was initiated on the same date.

The  investigation,  which  was  originally  also  opened  against  Indonesia  and  Korea,
showed  that  the  co-operating  exporters  received  benefits  which  were  below  the
applicable de minimis threshold. Therefore, and pending further investigation, it was
provisionally proposed not to impose any duties on these imports.

The  investigation  confirmed  that  the  total  Community  consumption  in  the
investigation period (1 October 1998 to 30 September 1999) amounted to 1.338.229
tonnes. The volume of total imports originating in the countries concerned during the
same period amounted to 307.000 tonnes.

Subsidisation

In  respect  of  India,  it  was  found  that  the  exporting  producers  in  India  received
benefits  from  the  following  programmes:  Duty  Entitlement  Passbook  Scheme,
Export  Promotion  Capital  Goods  Scheme,  Income  Tax  Exemption  Scheme  and
Benefits for EOUs (Export Oriented Units).

The investigation found that all of the schemes are countervailable. The subsidies are
all  contingent  upon  export  performance  and  are  therefore  specific  under  the
provisions of the basic Regulation.

46

Concerning  the  total  amount  of  benefit  received  by  the  4  co-operating  exporting
producers  in  India  during  the  investigation  period,  it  was  found  that  they  received
benefits from 5,8% to 16,8%.

In  respect  of  Malaysia,  it  was  found  that  the  exporting  producer  received  benefits
from  subsidies  under  the  following  schemes:  Double  deduction  of  insurance
premiums  for  exporters,  Pioneer  status,  Sales  tax  exemptions,  Import  duty
exemptions.

Concerning  the  total  amount  of  benefit  received  by  the  two  co-operating  exporting
producers in Malaysia during the investigation period, it was found that they received
benefits of 0,9% and 4,2% respectively.

In  respect  of  Taiwan,  it  was  found  that  countervailable  subsidies  were  granted  by
means of tax credits, import duty exemption and loans at preferential interest rates.

Concerning  the  total  amount  of  benefit  received  by  the  two  co-operating  exporting
producers in Taiwan during the investigation period, it was found that they received
benefits from 0% to 2%.

In respect of Thailand, two schemes were found to be used and countervailable: (a)
the  corporate  income  tax  exemption  and  (b)  the  import  duty  exemption  for
machinery.  These  programmes  are  countervailable  pursuant  to  Articles  3(2)(a)  and
3(4)(b) of the basic Regulation. The subsidy found for the sole co-operating company
was 8,4%.

Injury and causation

In view of the findings on de minimis subsidisation for Indonesia and Korea, imports
originating in these countries were not taken into account in the injury and causation
parts of the investigation.

Quantities  of  the  product  concerned  imported  into  the  Community  from  India,
Malaysia, Taiwan and Thailand grew by 139%, between 1996 and the investigation
period,  while  their  market  share  increased  by  approximately  50%  and  their  prices
decreased by 49% from 1996 to the investigation period.

In a fast growing Community market (more than 10% per year), the production of the
Community industry increased by 89% from 1996 to the investigation period and its
market share remained almost constant, at the level of 58%. At the same time, prices
dropped  by  37%.  This  price  development  arose  from  the  Community  industry’s
efforts to maintain its market share in the face of increasing downward pressure on
prices  from  subsidised  imports.  Because  of  this  business  behaviour,  the  level  of
undercutting found was low.

As a  result, during  the  investigation  period,  the  Community  industry  suffered  from
the continuation of the severe depression of its profit margins that could not recover
because  of  the  pressure  imposed  by  subsidised  imports,  and  thus  made  financial
losses. Furthermore, despite a foreseeable rapidly expanding market, the Community
industry was not able to invest due to its precarious situation.

47

The  Commission,  therefore,  considered  that  the  Community  industry  had  suffered
material injury within the meaning of Article 3 of the basic Regulation.

It  was  found  that,  considered  in  isolation,  the  subsidised  imports  from  India,
Malaysia,  Taiwan  and  Thailand  have  caused  material  injury  to  the  Community
industry  by  depressing  and  suppressing  prices  on  the  Community  market  since  the
beginning of 1997. None of the other factors examined had an impact on the situation
of the Community industry such as to break the causal link between  the  subsidised
imports  from  the  concerned  countries  and  the  injury  suffered  by  the  Community
industry.

Community interest

The  imposition  of  measures  will  allow  PET  producers  and  their  suppliers  of  raw
materials  to  improve  profitability  and  to  have  the  possibility  of  making  new
investments. Measures are, therefore, clearly in their interest.

Although there were indications that measures could have an impact on user sectors
(soft drinks and water producers and plastic converters), it was difficult, at that stage,
to draw firm conclusions due to the low level of co-operation on the user side and the
resulting lack in the information available.

The Commission concluded that, at the provisional stage, the imposition of measures
was not contrary to the overall interest of the Community.

Measures

Provisional countervailing duties were imposed on the basis of the subsidy margins
established. They ranged from 5,8% to 16,8% in India, from 0 to 4,2% in Malaysia,
from  0  to  2%  in  Taiwan  and  amounted  to  8,5%  in  Thailand.  It  was  considered
appropriate to impose duties in form of a specific amount per tonne.

5.

DEFINITIVE MEASURES

5.1.

Overview

During 2000, definitive duties were imposed in 51 cases involving imports from 22
different  countries  and  covering  18  products.  India  and  Taiwan  featured  most
prominently  with  7  investigations,  followed  by  the  Republic  of  Korea  with  5  and
Thailand and the People's Republic of China with 4 each.

The  increase  in  the  number  of  definitive  measures  imposed  during  2000  in
comparison  with  1999  (21)  is  a  direct  consequence  of  the  high  number  of
investigations initiated during 1999.

Whilst an overview of the definitive duties imposed in 2000 can be found in Annex
E, a summary of each case is given below.

48

5.2.

Cases (in chronological order)

5.2.1.

Flat-rolled products of iron or non-alloy steel (hot rolled coils) (AD) from Bulgaria,
India, South Africa, Taiwan and the Federal Republic of Yugoslavia

Definitive anti-dumping measures were imposed by the Commission on 5 February
2000.  The  proceeding  had  been  initiated  in  January  1999,  following  a  complaint
lodged by Eurofer on behalf of the Community industry. At the same time  an anti-
subsidy  investigation  was  initiated  against  imports  from  India,  South  Africa  and
Taiwan.

The information available and the relevant analysis carried out up to the provisional
stage did not show clear evidence of material injury to the Community steel industry
during  the  investigation  period.  It  was  therefore  decided  not  to  impose  provisional
measures but to continue the investigation in order to collect additional information,
which would allow definitive conclusions to be reached.

The  investigation  confirmed  that  the  total  Community  consumption  in  the
investigation period (1 January 1998 to 31 December 1998) amounted to 20,1 million
tonnes. The value of the total imports originating in the countries concerned during
the same period amounted to € 5.800 million.

Dumping

The  dumping  margins  were  established  on  the  basis  of  a  comparison  between  the
weighted average normal value and the weighted average export price. Dumping was
found  with  regard  to  all  the  exporting  producers  in  the  countries  concerned,  with
dumping margins at Community frontier level ranging from 2,1% to 56,3%.

Injury and cause of injury

The analysis of the economic situation of the Community industry on a year-to-year
basis seemed to show that some injury indicators developed negatively while others
developed  positively.  Imports  increased  significantly  both  in  terms  of  volume  and
market share and were made at prices undercutting those of the Community industry.
However,  during  the  investigation  period,  the  economic  indicators  decreased
significantly, in particular during the third and fourth quarters. These decreases went
far beyond seasonal fluctuations.

For  these  reasons  the  imposition  of  provisional  measures  was  not  considered  to  be
justified.

The information available was complemented and a number of analyses were carried
out, in particular a quarterly analysis of the injury indicators, a differentiated analysis
of  the  two  common  product  categories,  the  type  of  sales  contract,  the  time  lag
between orders and the resulting sales on the market, and of developments after the
investigation period.

49

These  showed  that  the  prices  of  the  Community  industry  and  thus  its  profits
remained high during the first half of the investigation period. Apparent consumption
(and therefore demand) was exceptionally high in 1997. As this was not matched by
a commensurate increase in actual consumption this led to overstocking (largely fed
by  the  dumped  imports  concerned)  during  the  first  half  of  the  investigation  period
and  significant  de-stocking  during  the  second  half.  The  high  level  of  prices  and
profits  in  the  first  half  of  the  investigation  period  prevailed  despite  the  inflow  of
imports.

The investigation showed different results for different types of hot-rolled coils and
for different types of sales contracts. The existing time lag between orders and actual
deliveries  explains  both  the  relatively  positive  performance  of  the  Community
industry during the first two quarters of the investigation period and why the negative
situation only became apparent for all the injury indicators in the second half of the
investigation period.

Although market developments after the investigation period could not be followed
with the same level of precision, market research data suggested that market prices in
the  Community  recovered  slowly  after  the  investigation  period.  Nevertheless,  the
price level  at  the  end  of  1999  was  still  far  from  such  that  the  Community  industry
would regain reasonable profitability.

It  was  therefore  concluded  that  the  Community  industry  suffered  injury.  The
magnitude  of  the  injury  suffered  means  that  it  could  be  classified  as  material  in
accordance with the provisions of the basic Regulation.

The analysis  of causation indicated  that  factors  such  as the  world-wide situation  of
the steel business in the context of the south-east Asian crisis may have contributed
to  the  difficult  state  of  the  Community  industry.  However,  the  sudden  increase  in
import volume from the countries concerned, and price undercutting by the exporting
producers (8% on average) contributed to the creation of a serious imbalance on the
Community  market. This had a  negative impact  on  the  Community  industry's  sales
prices  during  1998  (-27%)  as  shown  by  the  more  refined  analysis  carried  out  on
product  types  and  market  segments,  where  the  imports  in  particular  were  present.
Given  the  material  negative  consequences  on  the  economic  situation  of  the
Community industry, it was concluded that these imports caused the material injury.

Community interest

Certain  users  claimed  that  the  imposition  of  duties  was  likely  to  undermine  their
independence of supply, arguing that they  would become entirely dependent on the
goodwill  of  Community  producers.  They  alleged  that  Community  producers  were
unable  to  meet  their  needs  for  hot-rolled  coils  in  the  last  few  years  because  their
capacity  utilisation  was  saturated  and  because  their  priority  was  to  supply  their
integrated  processes  and  related  user  companies.  Users  claimed  that  Community
producers were therefore not always in a position to supply them within the agreed
deadlines or even refused to supply them altogether.

Despite  these  claims,  anti-dumping  measures  were  considered  to  be  necessary  in
order to prevent further imports of low-priced dumped imports and to avoid further
deterioration in the economic situation of the Community industry.

50

Measures

In  view  of  the  conclusions  reached  on  dumping,  subsidy,  injury,  causation  and
Community  interest,  definitive  anti-dumping  duties  were  imposed  and  price
undertakings accepted for some exporting producers located in Bulgaria and India to
prevent further injury to the Community industry. The duties range between 0% and
37,8%.

5.2.2.

Flat-rolled products of iron or non-alloy steel (hot rolled coils) (AS) from India and
Taiwan

Definitive countervailing measures were imposed by the Commission on 5 February
2000.  The  proceeding  had  been  initiated  in  January  1999,  following  a  complaint
lodged by Eurofer on behalf of the Community industry. At the same time  an  anti-
dumping investigation was initiated against imports from India and Taiwan.

The information available and the relevant analysis carried out up to the provisional
stage did not show clear evidence of material injury to the Community steel industry
during  the  investigation  period.  It  was  therefore  decided  not  to  impose  provisional
measures but to continue the investigation in order to collect additional information,
which would allow definitive conclusions to be reached.

The  investigation  confirmed  that  the  total  Community  consumption  in  the
investigation period (1 January 1998 to 31 December 1998) amounted to 20,1 million
tonnes. The value of the total imports originating in the countries concerned during
the same period amounted to € 5.800 million.

Subsidisation

On  the  basis  of  the  information  contained  in  the  complaint  and  the  replies  to  the
Commission’s  questionnaire,  the  Commission  investigated  certain  alleged  subsidy
schemes  such  as  the  passbook,  the  export  promotion  capital  goods,  the  duty
entitlement  passbook  scheme  on  pre-export  and  post  export  basis,  the  income  tax
exemption, the tax credits  and  exemptions, the  accelerated  depreciation,  the  import
duty exemption and other subsidies.

The  investigation  indicated  that  subsidy  margins,  which  ranged  between  4,4%  and
12,3%, existed in India and Taiwan.

Injury and cause of injury / Community interest

The  findings  on  injury,  causation  of  injury  and  Community  interest  can  be  found
under point 5.2.1.

Measures

In  view  of  the  conclusions  reached  on  subsidy,  injury,  causation  and  Community
interest,  definitive  countervailing  measures  were  imposed  and  price  undertakings
accepted  for  some  exporting  producers  located  in  India  to  prevent  further  injury  to
the Community industry by subsidised imports.

For India (13,1%), the amounts of anti-dumping duty were reduced to avoid double-
counting  with  export  subsidies.  For  Taiwan  (between  0  and  4,4%),  the  subsidies

51

found were domestic subsidies and were therefore added on top of the anti-dumping
duties imposed on the parallel anti-dumping proceeding.

5.2.3.

Seamless pipes and tubes of non-alloy steel from Croatia and Ukraine

Definitive  anti-dumping  measures  were  imposed  by  the  Council  on  17  February
2000. The proceeding had been initiated in November 1998,  following  a  complaint
lodged by the Defence Committee of the Seamless Tube Industry. Provisional duties
were imposed in August 1999.

The  investigation  confirmed  that  the  total  Community  consumption  in  the
investigation  period  (November  1997  to  October  1998)  amounted  to  1.195.329
tonnes. The value of the total imports originating in the countries concerned during
the same period amounted to € 66;2 million.

Dumping

Concerning  Croatia,  no  arguments  were  submitted  in  relation  to  the  dumping
calculation,  therefore  the  dumping  margin  was  confirmed  at  40,8%.  Regarding
Ukraine, since it is considered as a non-market economy country, Croatia was used
as an analogue country. The dumping margin was confirmed at 123,7%.

Injury and causation of injury

In  the  absence  of  new  arguments  as  regards  injury  and  causation,  the  provisional
findings that the imports from Croatia and Ukraine had caused material injury to the
Community industry were confirmed.

Community interest

In the absence of any new arguments submitted, it was confirmed that no compelling
reasons existed on grounds of Community interest not to impose measures.

Measures

As the injury elimination levels were lower than the dumping margins, the definitive
anti-dumping  duties  were  based  on  the  former,  i.e.  23%  for  Croatia  and  38,5%  for
Ukraine. The exporting producers in both countries offered undertakings which were
considered  acceptable.  In  the  case  of  Ukraine,  the  undertaking  was  offered  by  the
companies in conjunction with the Ukrainian authorities.

5.2.4.

Synthetic fibres of polyester (AS) from Australia, Indonesia and Taiwan

Definitive  countervailing measures were imposed  by the  Council  on  12  May  2000.
The proceeding had been initiated in April 1999, following complaints lodged by the
International  Rayon  and  Synthetic  Fibres  Committee  ("CIRFS")  on  behalf  of
producers  representing  a  major  proportion  of  the  total  Community  production  of
polyester staple fibres (PSF). Provisional measures as regards Australia and Taiwan
were imposed on 21 January 2000.

The investigation, which was original also opened against the Republic of Korea and
Taiwan  showed  that  the  subsidies  found  for  these  two  countries  were  below  the

52

applicable  de  minimis  level  for  each  country.  It  was  therefore  decided  to  terminate
the proceeding against these countries.

The  investigation  confirmed  that  the  total  Community  consumption  in  the
investigation period (1 April 1998 to 31 March 1999) amounted to 578.967 tonnes.
The  value  of  the  total  imports  in  the  countries  concerned  during  the  same  period
amounted to € 38,2 million.

Subsidisation

(a) Australia:  the  Council  confirmed  the  provisional  findings  (see  point  4.2.2.).
The amount of subsidy for the sole exporting producer in Australia was 6%.

(b)

(c)

Indonesia:  the  Council  confirmed  the  provisional  findings.  Two  companies
representing  a  very  substantial  share  (over  30%)  of  imports  of  the  product
concerned  into  the  Community  did  not  co-operate  in  this  proceeding.  The
amount of countervailable subsidies for these two producers was set at 10%, on
the basis of facts available including the complaint.

Taiwan:  the  Council  confirmed  the  provisional  findings.  The  amounts  of
subsidies for the individual exporters ranged from 1,1% to 1,5%. The subsidy
margin for two companies was de minimis. The weighted average country-wide
subsidy margin was above the applicable de minimis threshold of 1%.

Injury and causation of injury

At  the  definitive  stage  of  the  proceeding  it  was  confirmed  that  the  Community
industry has suffered material injury during the period 1996 to March 1999.

The  causal  link  of  the  injury  to  the  Community  industry  to  the  imports  from  the
countries  concerned  was  established  by  considering  that  injury  took  place  during  a
period  where  the  Community  market  grew  rapidly  by  27%.  At  the  same  time,
imports from the countries concerned increased from 24.971 tonnes to 69.548 tonnes,
augmenting their market share from 1,66% to 8,97% of the total Community market.
This surge of imports from those countries was facilitated by the noted decrease of
sales prices of PSF imported from the countries concerned by 23%, which undercut
the Community industry ones by more than 14% on the average.

Following  the  publication  of  the  provisional  duty  Regulation,  interested  parties
disputed the fact that the Community industry had suffered material injury, because
of  its  improved  profitability  and  its  reduction  of  production  capacity.  The
investigation has shown however, that the improvement in profitability was a result
of  the  extremely  low  raw  material  prices  prevailing  in  1998  and  during  the
investigation period and not of increasing sales prices.

Community interest

After  the  initiation  of  the  proceeding  the  Commission  sent  questionnaires  to  14
known importers, users and users' associations in the Community and received only
three replies containing sufficient information for the assessment of the impact of the
measures proposed by the Commission.

53

Following the publication of the provisional duty Regulation and  the disclosures to
the interested parties, a number of letters from Community importers, users and from
one users' association reached the Commission, some of them appearing for the first
time since the initiation of the proceeding.

These  letters  did  not  contain  any  substantial  information  that  would  permit  a  more
detailed assessment of the measures on the cost structures of these operators.

The Commission, despite the very limited co-operation from the Community users,
attempted  to  assess  the  impacts  of  the  proposed  measures  using  the  available
information. The result of this assessment is that the proposed measures would lead
to a maximum production cost increase of about 0,16%, all other factors remaining
equal. Such a result did not  suggest any significant deterioration  of  the situation of
the Community users and therefore there were no substantial reasons prohibiting the
imposition of definitive measures in this case.

Measures

A definitive countervailing duty of 6% was imposed on the Australian exporter, and
the  residual  duty  was  set  at  the  same  rate.  Taiwanese  exporters  were  subject  to
provisional  CVD  rates  of  1,0%  to  1,5%,  with  rates  for  two  companies  being  de
minimis  and  the  all  other  rate  set  at  1,5%.  The  co-operating  Indonesian  exporters
were  not  subject  to  definitive  countervailing  measures  but  the  rate  for  all  other
companies were set at 10%.

5.2.5.

Synthetic staple fibres of polyester from Australia, Indonesia and Thailand

Definitive  anti-dumping  measures  were  imposed  by  the  Council  on  14  July  2000.
The  proceeding  had  been  initiated  in  April  1999,  following  a  complaint  lodged  by
the  International  Rayon  and  Synthetic  Fibres  Committee  (CIRFS)  on  behalf  of  the
Community  industry.  The  complaint  was  supported  by  a  total  of  9  companies
representing  a  major  proportion  of  the  Community  production  of  polyester  staple
fibres (PSF). Provisional duties were imposed on all countries on 21 January 2000.

The  investigation  confirmed  that  the  total  Community  consumption  in  the
investigation  period  (1  April  1998  -  31  March  1999)  amounted  to  578.467  tonnes.
The value of the total imports originating in the countries concerned during the same
period amounted to € 38,2 million.

Dumping

The  provisional  dumping  margins  established  ranged  from  5,2%  to  36,6%.  The
exporting  producers  from  all  the  countries  under  consideration  made  claims  to
modify  certain  cost  calculations.  Some  of  these  claims  were  accepted  and  the
corresponding dumping margins were reduced accordingly. The dumping margin for
one  Indonesian  exporting  producer  however  was  revised  upwards,  in  view  of  its
limited  co-operation  during  the  investigation.  The  dumping  margins  established  at
the definitive stage ranged from 8,4% to 27,7%.

54

Injury and causation of injury

At  the  definitive  stage  of  the  proceeding  it  was  confirmed  that  the  Community
industry  has  suffered  material  injury  during  the  period  1996  to  March  1999.
Production  capacity  declined  by  7%,  sales  volume  were  reduced  by  6%,  prices
decrease  by  12%,  its  market  share  shrunk  by  26%,  stocks  increased  by  22%,
investments  decreased  by  9%  and  finally  employment  decreased  by  20%.  It  was
further  confirmed  that  the  imports  from  the  countries  concerned  undercut  the
Community industry's prices by 40% on the average during the investigation period.

The  causal  link  of  the  unfavourable  developments  described  above  to  the  imports
from the countries concerned was established by considering that these developments
took place  during  a period where  the  Community  market  grew  rapidly  by  27%.  At
the same time, imports from the countries concerned increased from 7.549 tonnes to
51.911  tonnes,  augmenting  their  market  share  from  1,66%  to  8,97%  of  the  total
Community market. This surge of imports from those countries was facilitated by the
noted decrease of sales prices of PSF imported from the countries concerned by 22%,
which undercut the Community industry ones by more than 38% on the average.

The  provisional  findings  that  the  dumped  imports  from  Australia,  Indonesia  and
Thailand  have  caused  material  injury  to  the  Community  industry  were  therefore
confirmed.

Community interest

Following the publication of the provisional duty Regulation  and the  disclosures to
the interested parties, certain Community importers, users and one users' association
claimed that they would find themselves in a more difficult economic situation after
the imposition of the duties, as they would face higher production costs which they
would not be able to pass on to the consumers. They also claimed that since certain
PSF types were not produced by the Community industry at all, they had to import
them from third countries, including those concerned by this proceeding.

Although the co-operation of Community users in this proceeding was very limited,
since  such  users  represented  about  4%  of  the  Community  consumption,  it  was
nevertheless  attempted  to  assess  the  impact  of  the  proposed  measures  by  using  the
available  information.  The  result  of  this  assessment  showed  that  the  proposed
measures  would  lead  to  a  maximum  production  cost  increase  of  about  0,16%,  all
other factors remaining equal.

Furthermore, the investigation showed that certain PSF types that were alleged not to
be produced by the Community industry, were in fact found to be offered by certain
Community  producers,  although  at  higher  prices.  It  was  also  established  that  the
Community industry could produce any type of PSF, given that the sales price would
cover  the  production  costs.  It  was  clear  therefore,  that  PSF  types  which  could  be
sourced  at  significantly  lower  prices  from  exporting  producers  in  the  countries
concerned, were not ordered by the users to the Community producers and therefore
the latter did not have any incentive to offer them in the market.

In conclusion, it was considered that  imposing definitive anti-dumping measures in
order to correct the distortive effect of injurious dumping, was not against the overall
Community interest.

55

Measures

In  all cases, the injury  margins were  found  to  be  higher  than  the  dumping  margins
established and, therefore, the definitive duty rates were based on the latter. The rates
of the duty imposed ranged from 8,4% to 27,7%. However, given that a provisional
countervailing duty based on export subsidies was imposed at the same time against
Australia and Indonesia (see parallel anti-subsidy proceeding), the anti-dumping duty
rates  for  Australia  and  for  the  non-co-operating  exporting  producers  in  Indonesia
were  adjusted  in  order  to  avoid  making  PSF  from  these  sources  subject  to  two
measures dealing with the same situation.

5.2.6.

Stainless steel fasteners (AS) from Malaysia and Philippines

Definitive  countervailing  measures  were  imposed  by  the  Council  on  14  July  2000.
The proceeding had been initiated in June 1999, following a complaint lodged by the
European Industrial Fasteners Institute (EIFI) on behalf of the Community industry.
Provisional duties were imposed in March 2000.

The  investigation  confirmed  that  the  total  Community  consumption  in  the
investigation  period  (1  April  1998  to  31  March  1999)  amounted  to  58.680  tonnes.
The value of the total imports originating in the countries concerned during the same
period amounted to € 18,8 million and corresponded to 7.293 tonnes.

Subsidisation

Malaysia’s exporting producers were found to have received benefits from subsidies
under the following countervailable schemes: double deduction of business expenses
for the promotion of  exports; pioneer status; sales  tax and import  duty  exemptions.
The total amount of subsidy for the two exporting producers was 2,31% and 4,71%.

The Philippine exporting producer received benefits from export subsidies under the
following  countervailable  schemes:  gross  income  tax;  import  duty  exemption  on
imports  of  spare  parts  and  supplies.  The  total  amount  of  subsidy  for  the  sole
exporting producer in the Philippines was 3,59%.

Injury and causation of injury

The volume of imports from the countries concerned increased between 1996 and the
investigation  period  (by  16%),  as  did  their  share  of  the  Community  market  (from
7,9%  in  1996  to  12,4%  in  the  investigation  period).  The  prices  of  these  imports
decreased substantially during the same period (by 11%).

The  Community  industry  was  found  to  suffer  injury  in  the  form  of  a  severe  price
depression  caused  by  the  price  undercutting  with  the  consequent  deterioration  of
profitability (-0,8% during the investigation period).

The  investigation  showed  that  the  imports  from  the  countries  concerned  caused
injury  to  the  Community  industry:  the  deterioration  of  the  situation  of  the
Community  industry  coincided  with  the  substantial  decrease  in  its  prices.  Other
factors examined were not found to break the causal link.

56

Community interest

No  reasons  were  found  on  grounds  of  the  Community  interest  not  to  impose
countervailing measures.

Measures

For  each  country,  the  total  of  the  subsidy  margin  established  was  lower  than  the
injury margins. The level of the duty imposed to the Malaysian exporting producers
took into account the totality of the domestic subsidy plus the export subsidy amount
in excess of the existing anti-dumping duty. The countervailing duty was thus 0% for
one exporting producer and 1,8% for the other (the residual duty was also established
at  this  level),  which  as  below  the  total  amount  of  subsidy  found.  The  duty  for  the
only Philippine exporting producer as well as the residual duty was 3,5%.

5.2.7. Hot-rolled flat products of non-alloy steel (quarto plates) from the People's Republic

of China, India and Romania

Definitive  anti-dumping  measures  were  imposed  by  the  Commission  on  10  August
2000.  The  proceeding  had  been  initiated  on  13  May  1999,  following  a  complaint
lodged  by  the  European  Confederation  of  Iron  and  Steel  Industries  (Eurofer)  A
provisional anti-dumping duty was imposed on 11 February 2000.

investigation  confirmed 

the
The 
investigation period (1 January 1998 to 31 March 1999) amounted to about 605.000
tonnes/month. The value of the total imports originating in the  countries concerned
during the same period amounted to € 25,7 million/month.

that  overall  Community  consumption 

in 

Dumping

As  regards  the  People’s  Republic  of  China,  it  was  decided  not  to  grant  individual
treatment.  As  all  the  companies  were  either  wholly  or  majority  state-owned,
independence from state interference could not be guaranteed and there was a risk of
circumvention of the measures. The Chinese companies objected to the methodology
used at the provisional stage for the calculation of the dumping margins which was
based on Eurostat. They requested a more refined calculation differentiating between
categories of steel. This request was partially granted.

As  regards  Romania,  calculations  were  amended  on  the  basis  of  the  additional
information submitted and the margin for India was confirmed.

The  definitive  dumping  margins  amounted  to  55,5%  for  the  People’s  Republic  of
China, 51,1% for India and 12,1% and 52,6% for Romania.

Injury

Certain  exporting  producers  argued  that  the  annual  data  examined  by  the
Commission  at  the  provisional  stage  did  not  demonstrate  injury.  They  also
questioned  whether  the  subsequent  quarterly  analysis  was  pertinent,  given  the
excellent performance of the Community industry in the investigation period.

57

These  allegations  were  carefully  examined.  In  fact,  at  the  provisional  stage,  the
Commission had analysed available economic indicators on a yearly, half-yearly and
quarterly basis. This was  in order to take  into  account the profound  changes  which
occurred  in  the  investigation  period  (a  period  of  15  months).  During  this  time,  the
prices of the Community industry decreased by more than 25% and profitability by
more than 22 percentage points. This clearly established a strong deterioration of the
situation of the Community industry.

As exporting producers limited themselves to questioning  the methodology without
bringing  to  light  new  information,  the  Commission  confirmed  the  existence  of
material injury.

Causation of injury

Some exporting producers also contested that injury was caused by dumped imports,
and  contended  that  other  factors,  such  as  imports  from  other  third  countries,  the
behaviour of other Community producers and the world-wide instability of the steel
market, were the main causes of injury.

The Commission did not contest that these factors may have had a negative influence
on the situation of the Community industry. However, this did not detract from the
fact  that  imports  from  the  three  countries  concerned,  which  were  made  in
considerable  volumes  with  substantial  price  undercutting,  caused  material  injury  to
the Community industry.

Community interest

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

Measures

For the three countries concerned, the dumping margins were higher than the injury
elimination  margins;  the  latter  therefore  were  used  to  establish  the  level  of  the
definitive measures.

Definitive  ad  valorem  duties  were  imposed,  amounting  at  8,1%  for  the  People’s
Republic of China, 22,3% for India, 5,7% and 11,5% for Romania.

However  as  regards  India  and  Romania,  undertakings  were  accepted  by  the
Commission  on  a  company-by-company  basis,  allowing  the  exemption  of  these
companies from the duties in force.

5.2.8. Malleable cast iron tube or pipe fittings from Brazil, the Czech Republic, Japan, the

People's Republic of China, the Republic of Korea and Thailand

Definitive anti-dumping measures were imposed by the Council on 18 August 2000
The proceeding had been initiated in May 1999, following a complaint lodged by the
Defence  Committee  of  Malleable  Cast  Iron  Tube  or  Pipe  Fittings  Industry  of  the
European Union. Provisional duties were imposed in February 2000.

58

The investigation, which was originally also opened against Croatia and the Federal
Republic  of  Yugoslavia,  showed  that  the  market  shares  were  de  minimis.  It  was
therefore  decided  to  terminate  the  investigation  against  these  two  countries  (see
Chapter 6).

The  investigation  confirmed  that  the  total  Community  consumption  in  the
investigation  period  (1  April  1998  to  31  March  1999)  amounted  to  61.000  tonnes
corresponding  to  around  €  189  million.  The  volume  of  total  imports  originating  in
the countries concerned during the investigation period amounted to around 17.500
tonnes with a value of € 12 million.

Dumping

Following the imposition of provisional measures, the Commission services analysed
the comments to the disclosure of the findings received from the parties concerned.
A number of adjustments and corrections of were made following these comments.
All  co-operating  companies  were  found  to  be  dumping.  The  weighted  average
dumping margins per company, expressed as a percentage of the free-at-Community
frontier price, ranged from 6,3% to 49,4%.

Injury and causation

After publication of provisional measures, the appropriateness of termination of the
proceeding with respect to imports originating in Croatia and the Federal Republic of
Yugoslavia,  as  well  as  the  cumulative  assessment  of  the  effects  of  the  imports
originating in Brazil, the Czech Republic, Japan, the People's Republic of China, the
Republic of Korea and Thailand were confirmed.

It was also  confirmed  that  the  Community  industry  suffered  material  injury  caused
by the imports from the countries concerned.

Community interest

In the absence of any new information on Community interest, it was confirmed that
no compelling reasons existed not to impose measures.

Measures

Since  the  level  of  injury  found  exceeded  the  dumping  margins  definitively
established for most companies, definitive ad valorem duties were set at the level of
the latter, with the exception of Japan: 34,8% for Brazil, 49,4% for China, 26,1% for
the Czech Republic, between 26,9% and 33,6% for Japan, between 13,4% and 23,4%
for Korea and between 6,3% and 22,1% for Thailand. Subsequent to the imposition
of  provisional  measures,  the  Korean  exporting  producer  and  one  of  the  exporting
producers  in  Thailand  offered  a  price  undertaking  which  could  be  accepted  by  the
Commission since it eliminates the injurious effect of dumping. A price undertaking
offered by the Japanese exporting producer was rejected because of the poor level of
co-operation  throughout  the  investigation  and  of  the  accuracy  and  reliability  of  the
data provided.

59

5.2.9.

Styrene-butadien-styrene (SBS) thermoplastic rubber from Taiwan

Definitive anti-dumping duties were imposed by the Council on 22 September 2000.
The proceeding had been initiated in August 1999, following a complaint lodged by
the  European  Chemical  Industry  Council  (CEFIC)  on  behalf  of  Community
producers  representing  a  major  proportion  of  the  Community  production  of  SBS
thermoplastic rubber. Provisional anti-dumping duties were imposed in May 2000.

The  investigation  confirmed  that  the  total  Community  consumption  in  the
investigation period (1 July 1998 - 30 June 1999) amounted to 203.450 tonnes. The
value  of  the  total  imports  originating  in  the  country  concerned  during  the  same
period amounted to € 9,4 million.

Dumping

No  substantiated  arguments  were  presented  in  respect  of  findings  concerning
dumping  and,  therefore,  the  provisional  conclusions  and  margins  were  confirmed.
The definitive dumping margins were ranging from 5,3% to 9,1%.

Injury and causation of injury.

One  Community  importer  claimed  that  SBS  imported  from  Taiwan  has  a  different
fluidity  and  resistance  than  SBS  produced  in  the  Community.  However,  the
Commission investigation revealed that producers in Taiwan produce different types
of  SBS  with  exactly  the  same  composition  as  those  types  produced  in  the
Community.

One  Community  importer  claimed  that  dry  and  oil-extended  SBS  should  be
considered as two different products, arguing that dry and oil-extended SBS are used
by different industries. However, the investigation has shown that many Community
users, especially in the  footwear  industry,  do  not  differentiate  dry  and  oil-extended
SBS. It was therefore concluded that the markets of dry and oil-extended SBS cannot
be distinguished.

One  Community  importer  argued  that  dry  and  oil-extended  SBS  are  close  to  other
types of products, such as SIS, which are also produced by the Community producers
of  SBS.  The  company  claimed  that  there  is  no  justification  for  distinguishing  SBS
from  these  other  products.  However,  the  investigation  showed  that  dry  and  oil-
extended SBS have exactly the same physical composition of butadiene and styrene,
the only difference being the addition of oil at the end of the production process. This
physical  composition  clearly  distinguishes  SBS  from  other  products  such  as  SIS
(styrene-isoprene-styrene).

One  Community  importer  pointed  out  that  stocks  and  profitability  have  not  been
calculated for 1995. This was due to changes of accounting systems in one company
and changes of structure in an other company. In any event, the investigation showed
that  the  profitability  was  higher  in  1995  than  in  1996,  which  reinforced  the  injury
determination.

Since no other comments were received regarding injury and the causation of injury,
the findings of the provisional investigation were confirmed.

60

Community interest

Since no comments were received regarding the interest of the Community industry,
the conclusions of the provisional investigation were confirmed.

Measures

The  rates  of  duties  for  the  two  co-operating  producers  in  Taiwan,  were  5,3%  and
9,1%, and the residual duty rate was fixed at 20%.

5.2.10. Styrene-butadien-styrene (SBS) thermoplastic rubber (AS) from Taiwan

Definitive countervailing duties were imposed by the Council on 22 September 2000.
The proceeding had been initiated in August 1999, following a complaint lodged by
the  European  Chemical  Industry  Council  (CEFIC)  on  behalf  of  Community
producers  representing  a  major  proportion  of  the  Community  production  of  SBS
thermoplastic rubber. Provisional anti-dumping duties were imposed in May 2000.

The  investigation  confirmed  that  the  total  Community  consumption  in  the
investigation period (1 July 1998 - 30 June 1999) amounted to 203.450 tonnes. The
value  of  the  total  imports  originating  in  the  countries  concerned  during  the  same
period amounted to € 9,4 million.

Subsidisation

As far as loans at preferential interest rates are concerned, the Government of Taiwan
claimed that these  loans  are  generally  available to almost  all  Taiwanese  companies
and  therefore  they  are  not  specific  and  are  accordingly  not  countervailable.  As
regards these claims, it is a fact that the provisions of Article 21(1) of the Statute for
Upgrading  Industries  explicitly  limit  the  benefits  thereunder  to  certain  enterprises
which  comply  with  a  number  of  criteria  or  conditions.  Those  criteria  or  conditions
were not considered to be objective within the meaning of Article 3(2)(b) of the basic
Regulation,  and  benefits  from  this  scheme  were  inevitably  more  relevant  to  some
sectors than to others. Thus, this claim was rejected.

Concerning  import  duty  exemption  for  equipment,  the  GOT  claimed  that  this
programme does not meet any of the definitions of a subsidy as set forth in Article 2
of the basic Regulation, notably because there is no direct transfer of funds, there are
no goods or services provided and there is no price or income support. This claim has
to be rejected because this scheme involved a financial contribution by the GOT in
the form of import duties foregone, in accordance with Article 2(1)(a)(ii) of the basic
Regulation, and a benefit is conferred thereby.

Concerning the import duty exemption for raw materials, the GOT claimed that this
programme  does  not  meet  any  of  the  definitions  of  a  subsidy,  because  there  is  no
direct transfer of funds, there are no goods or services provided and there is no price
or  income  support.  This  claim  has  to  be  rejected  because  this  scheme  involved  a
financial  contribution  by  the  GOT  in  the  form  of  import  duties  foregone,  in
accordance with Article 2(1)(a)(ii) of the basic Regulation.

61

Also, this scheme is explicitly limited to certain enterprises which  comply  with  the
conditions contained in the provisions of the specific Additional Note of the Customs
Code.  Such  conditions  are  not  considered  to  be  neutral  or  economic  in  nature  and
horizontal in application.

The  provisional  findings  regarding  subsidisation  were  confirmed.  The  amount  of
countervailable subsidies for the two co-operating exporters were 1,04% and 1,50%.

Injury and causation of injury / Community interest

The  findings  on  injury,  causation  of  injury  and  Community  interest  can  be  found
under point 5.2.9.

Measures

The  rates  of  duties  for  the  two  co-operating  producers  in  Taiwan,  were  1,0%  and
1,5%, and the residual duty rate was fixed at 8,2%.

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

and Ukraine

Definitive anti-dumping duties were imposed by the Council on 22 September 2000.
The proceeding had been initiated on 26 June 1999, following a complaint lodged by
the  European  Fertiliser  Manufacturers  Association  alleging  that  imports  of  the
product  concerned  were  being  dumped  and  were  causing  injury  to  the  Community
industry. Provisional anti-dumping duties were imposed in March 2000.

The  investigation,  which  was  originally  also  opened  against  the  Slovak  Republic
showed that there was a lack of a causal link between the situation of the Community
industry  and  imports  originating  from  that  country.  It  was  therefore  decided  to
terminate the investigation against this country (see Chapter 6).

The  investigation  confirmed  that  the  total  Community  consumption  in  the
investigation period (1 June 1998 - 31 May 1999) amounted to 3.297 K.tonnes The
value  of  the  total  imports  originating  in  the  countries  concerned  during  the  same
period amounted to € 102 million.

Dumping

After definitive disclosure, the sole exporting producer in Lithuania claimed that in
constructing  normal  value  the  Commission  had  overstated  the  selling,  general  and
administrative  expenses.  After  reviewing  all  the  information,  the  normal  value  was
recalculated and adjusted downward. For Algeria, the normal value was recalculated
following a claim by the sole exporting producer which was accepted. For the three
other  countries,  Russia,  Belarus,  and  Ukraine,  the  dumping  margins  were
recalculated  using  the  revised  normal  value  of  the  Lithuanian  producer  (analogue
country).

One Russian co-operating exporting producer requested the Commission services to
reconsider  favourably its claim  for  individual  treatment.  The  company  was  granted
individual treatment as it was concluded that it would not encourage circumvention
of the measures due to the different duty rates.

62

The definitive dumping margins found are for Algeria 9,7%, for Belarus 31,2%, for
Russia  23,9%  and  21,4%  for  the  company  granted  individual  treatment,  and  for
Ukraine 36,6%.

Injury and causation of injury

It was confirmed that the Community industry suffered material injury, as indicated
by  the  unfavourable  development  of  economic  indicators  during  the  period  under
investigation.

The investigation also confirmed that the imports originating in the Slovak Republic
did not  cause material  injury to  the  Community  industry.  With  respect  to  the  other
countries concerned, it is confirmed that the cause for the material injury suffered by
the  Community  industry  is  the  imports  originating  in  these  countries.  The
Community industry’s situation coincided in time with the significant increase in the
import  volumes  and  market  shares  of  the  countries  concerned  and  the  decrease  in
their prices, in particular as from 1997.

Community interest

Likewise,  the  conclusions  reached  on  the  Community  interest  aspect  of  the  case  at
the  provisional  stage  of  the  investigation,  namely  that  no  compelling  reasons  exist
not to impose measures were confirmed.

Measures

The  specific  definitive  anti-dumping  duties  imposed  were  as  follows:  Algeria:
6,88 €/t,  Belarus:  17,86  €/t,  Lithuania:  3,98  €/t,  Russia:  20,11  €/t,  whereas  one
company  was  granted  an  individual  rate  of  17,8  €/t,  and  Ukraine:  26,17  €/t.  An
undertaking offered by an Algerian producer was accepted by the Commission.

5.2.12. Black colorformers from Japan (formerly One Dye Black 1 and One Dye Black 2)

Definitive  anti-dumping  measures  were  imposed  by  the  Council  13  October  2000.
The  proceeding  had  been  initiated  in  July  1999,  following  a  complaint  lodged  by
European  Chemical  Industry  Council  (CEFIC)  on  behalf  of  Ciba  Specialty
Chemicals Plc, UK.

The  investigation  confirmed  that  the  total  Community  consumption  in  the
investigation period (1 July 1998 to 30 June 1999) amounted to € 33,4 million  and
1.696  tonnes.  The  value  of  the  total  imports  originating  in  the  country  concerned
during the same period amounted to € 14,8 million and 735 tonnes.

Product under investigation

Originally two proceedings were initiated with regard to two black colorformers, i.e.
One Dye Black 1 (ODB-1) and One Dye Black 2 (ODB-2). During the investigations
it  appeared  that  there  were  other  black  colorformers,  which  shared  same  basic
chemical  and  physical  characteristics  and  were  used  for  the  same  purpose  (coating
paper for carbonless copy paper and thermal paper). Consequently, the Commission
published in April 2000 a notice relating to the clarification/extension of the product
scope of both proceedings and invited comments from interested parties. In view of
the above, no provisional measures were imposed. On the basis of all the information

63

received, it was concluded that all black colorformers form one product and the two
proceedings should be merged to cover one single product, i.e. black colorformers.

Dumping

None  of  the  Japanese  exporting  producers  did  co-operate  in  the  proceeding,  and
therefore  dumping  was  examined  on  the  basis  of  the  facts  available,  leading  to  a
dumping margin of 49,8%.

Injury and causation of injury

It was found that between 1996 and the investigation period the volume of imports of
black colorformers originating in Japan increased substantially (41%) at prices which
continuously  decreased  over  the  same  period  (-19%)  and  which  significantly
depressed the Community industry's prices by undercutting the prices quoted by the
Community industry in price negotiations.

Over the same period the situation of the Community industry deteriorated in terms
of  production  (-1%),  sales  (-5%)  and  market  share  (-8,5%  percentage  points).
Despite an important decrease in its overall costs (-7%), the sharp price depression
(-16%)  led  to  severe  losses.  During  the  period  considered,  despite  an  increase  in
Community  consumption,  i.e.  by  17%,  the  Community  industry's  market  share
decreased sharply, from 45% to 36,5%.

Community interest

In  view  of  the  fact  that  any  negative  impact  on  importers/traders  and  users  was
unlikely  to  be  significant,  no  compelling  reasons  were  found  on  grounds  of
Community  interest  not  to  adopt  measures.  Moreover,  the  imposition  of  measures
was likely to restore effective competition on this market.

Measures

As the dumping margin exceeded the level of injury found and given the lack of co-
operation from Japanese exporters, a definitive countrywide anti-dumping duties was
imposed at the level of the latter, i.e. 18,9%.

5.2.13. Cathode-ray colour television picture tubes from India and the Republic of Korea

Definitive anti-dumping measures were imposed by the Council on 20 October 2000.
The proceeding has been initiated on 29 July 1999, following a complaint lodged by
the  Taskforce  against  Unfair  Business  in  Europe  (TUBE)  on  behalf  of  the  sole
producer  of  certain  cathode-ray  colour  television  picture  tubes  (“CPTs”)  in  the
Community.  The  investigation  had  originally  included  imports  originating  in
Lithuania, Malaysia and the People’s Republic of China.

The  investigation  confirmed  that  the  total  Community  consumption  in  the
investigation period (1 July 1998 - 30 June 1999) amounted to 4.704.257 units. The
value  of  the  total  imports  originating  in  the  countries  concerned  during  the  same
period amounted to € 15,7 million.

Dumping

64

The  dumping  margins  were  revised  in  order  to  reflect  the  changes  in  the  highest
normal value found for Malaysia and were definitively established in respect of India
and the Republic of Korea (20,5% and 19,7% respectively).

Injury and causation of injury

The  deepened  analysis  showed  that  the  volume  of  dumped  imports  significantly
increased  by  291%  in  the  period  1997  to  the  investigation  period.  This  increase
coincided with a 6% drop in consumption during the same period. With regard to the
average import price, it was found that in the period 1995 to 1997 an increase of 15%
was established  whereas  between  1997  and the investigation period  average  import
prices decreased by 30%.

The  further  investigation  confirmed  that  the  Community  industry  suffered  material
injury.  It  underwent  significant  price  pressure,  as  the  price  decrease  of  21%
indicated.  In  addition,  it  was  confirmed  that  its  profitability  was  negative  (loss  of
around 4 percentage points), sales volume decreased by 55% and its loss in market
share  was  15,5  percentage  points.  The  average  price  of  the  dumped  imports,
consistently lower than that of the Community industry during the period considered,
was  around  12%  below  the  Community  industry's  average  price  during  the
investigation period.

In addition, the more detailed investigation confirmed that the economic situation of
the  Community  industry  became  particularly  negative  as  from  1997  to  the
investigation  period  when  the  surge  of  dumped  imports  took  place  (+291%).  Sales
prices  decreased  by  19%,  sales  volume  by  26%,  market  share  by  7,9  percentage
points,  production  by  15%  and  profitability  was  significantly  reduced.  During  that
period employment decreased by 13%.

It  was  confirmed  that  the  dumped  imports  have  caused  material  injury  to  the
Community  industry.  The  main  factor  of  the  injurious  situation  of  the  Community
industry  was  the  price  pressure  leading  to  financial  losses  and  this  situation  could
mainly be attributed to the dumped imports.

While  it  could  not  be  excluded  that  factors  other  than  dumped  imports  from  the
countries concerned, in particular the decrease in consumption and the imports from
other third countries, may have contributed to the injury suffered by the Community
industry,  these  factors  did  not  break  the  causal  link  between  the  injury  established
and  the  imports  concerned.  This  latter  was  demonstrated  clearly  by  the  substantial
price decrease in particular  from 1997  up  to  the  investigation  period,  and  the  price
undercutting found during the investigation period (around 12% on average).

Community interest

From  the  fact  that  other  producing  exporters  with  exception  from  India  and  the
Republic  of  Korea  were  not  subject  to  measures  and  that  other  operators  in  the
Community  may  sell  their  CPTs  produced  in  the  Community  freely  on  the
Community market, it was concluded that the imposition of anti-dumping measures
against  imports  from  the  countries  concerned  would  not  imply  a  disadvantage,  in
particular in terms of significant reduction of choice, to users in the Community.

Measures

65

The  measures  imposed  were  ad  valorem  duties  to  be  applied  on  imports  of  CPTs
originating in India (20,5%) and the Republic of Korea (19,7%).

5.2.14. Polyethylene  terephthalate  (PET)  from  India,  Indonesia,  the  Republic  of  Korea,

Malaysia, Taiwan and Thailand

Definitive  anti-dumping  measures  were  imposed  by  the  Council  on  30  November
2000. The proceeding had been initiated on 6 November 1999, following a complaint
lodged  by  the  Polyethylene  Terephthalate  Committee  of  the  Association  of  Plastic
Manufacturers in Europe. A provisional anti-dumping duty was imposed on 4 August
2000. Definitive countervailing duties were imposed on the same day on imports of
PET originating in India, Malaysia, and Thailand.

investigation  confirmed 

The 
the
investigation  period  (1  October  1998  to  30  September  1999)  amounted  to  about
1.338.000  tonnes/year. The volume of  the total  imports  originating  in  the  countries
concerned during the same period amounted to 307.000 tonnes.

that  overall  Community  consumption 

in 

Dumping

Following the imposition of provisional measures, the Commission services analysed
the  comments  received  from  the  parties  concerned.  A  number  of  adjustments  and
corrections were made following these comments.

All  co-operating  companies  were  found  to  be  dumping.  However,  for  one  of  the
Korean  exporting producers, the dumping margin was found  to be de  minimis.  The
weighted  average dumping margins per company,  expressed  as  a  percentage  of  the
free-at-Community  frontier  price,  ranged  from  30%  to  51,5%  for  India,  15,2%  to
73,7%  for  Indonesia,  from  1,4%  to  55,8%  for  Korea,  from  7,8%  to  34,2%  for
Malaysia, from 7,8% to 12,4% for Taiwan and 32,5% for Thailand.

Injury and causation

Following  the  imposition  of  provisional  measures,  certain  injury  elements  were
further investigated without, however, changing the conclusions made previously.

It  was  concluded  that  the  Community  industry  suffered  material  injury  during  the
investigation  period,  in  the  form  of  price  depression,  deterioration  of  its  financial
situation, inability to raise capital and to plan the necessary new investment, and that
it continued to suffer injury in the following months.

As no new information was submitted concerning causation, the finding that dumped
imports  had  depressed  PET  prices  on  the  Community  market  and  caused  material
injury to the Community industry during the investigation period was maintained.

Community interest

In  view  of  the  low  level  of  co-operation  from  users  during  the  first  stage  of  the
investigation,  the  likely  effect  of  the  imposition  of  measures  on  the  downstream
industries was further investigated at the definitive stage.

66

The  Commission  services  received  a  number  of  new  submissions  from  users  and
their representative associations. The total level of co-operation was then considered
satisfactory.

It  was  concluded  that  the  negative  impact  of  the  measures  on  the  downstream
industries, including converters and producers, would be limited and outweighed by
the  benefits  expected  for  the  Community  industry  and  its  suppliers  and,  therefore,
that no compelling reasons existed not to impose measures.

Measures

Measures in the form of specific duties were imposed on all the countries concerned,
taking  into  account  the  countervailing  duties  imposed  the  parallel  anti-subsidy
investigation. Duties ranged from 0 to 187,7 €/tonne. Undertakings from two Indian
exporters and one Indonesian exporter were accepted.

5.2.15. Polyethylene terephthalate (PET) (AS) from India, Malaysia and Thailand

Definitive  countervailing  measures  were  imposed  by  the  Council  on  30  November
2000. The proceeding had been initiated on 6 November 1999, following a complaint
lodged  by  the  Polyethylene  Terephthalate  Committee  of  the  Association  of  Plastic
Manufacturers in Europe (A.P.M.E) on behalf of producers representing over 85% of
Community production. A provisional countervailing duty was imposed on 4 August
2000. Definitive anti-dumping duties were imposed on  the same day  on  imports  of
PET  originating  in  India,  Indonesia,  Malaysia,  Republic  of  Korea,  Taiwan  and
Thailand.

investigation  confirmed 

the
The 
investigation  period  (1  October  1998  to  30  September  1999)  amounted  to  about
1.338.000  tonnes/year.  The  volume  of  total  imports  originating  in  the  countries
concerned during the same period amounted to 307.000 tonnes.

that  overall  Community  consumption 

in 

Subsidisation

It was confirmed that  the provisional  countervailing measures  with regard to  India,
Malaysia  and  Thailand  were  warranted,  and  that  definitive  measures  should  be
imposed on imports from these countries.

Injury and causation of injury / Community interest

The  findings  on  injury,  causation  of  injury  and  Community  interest  can  be  found
under point 5.2.14.

Measures

Measures  in  the  form  of  a  specific  duties  were  imposed  on  India,  Malaysia  and
Thailand.  Duties  ranged  from  0  to  49,1  €/tonne.  Undertakings  from  two  Indian
exporters were accepted.

67

5.2.16. Electronic  weighing  scales  (REWS)  from  the  People's  Republic  of  China,  the

Republic of Korea and Taiwan

Definitive  anti-dumping  measures  were  imposed  by  the  Council  on  30  November
2000. The proceeding had been initiated in September 1999, following a  complaint
lodged  by  JKM  Consulting  which  acted  on  behalf  of  Community  producers
representing over 50% of the Community industry for REWS.

The  investigation  confirmed  that  the  total  Community  consumption  in  the
investigation  period  (1  September  1998  to  31  August  1999)  amounted  to  € 325
million for a quantity of 218.655 units. The volume of the total imports originating in
the countries concerned during the same period amounted to 33.063 units.

Dumping

As  regards  the  People's  Republic  of  China,  all  claims  for  market  economy  status
were  rejected,  although  individual  treatment  was  granted  to  all  three  co-operating
companies. Dumping margins were based on a  normal value  using  Indonesia  as  an
analogue country. These ranged from 9% to 12,8%.

Dumping margins for Korea ranged from 0% to 4,7%. For Taiwan, they ranged from
5,5% to 5,9%.

Injury and causation

Consumption on the Community market increased by 35% over the period analysed
due to the introduction of the Euro that lead many retailers to replace their weighing
scales. This had a positive effect on the Community industry in terms of production,
sales  volume,  turnover  and  profitability.  However,  this  trend  linked  to  the
introduction  of  the  Euro  is  temporary  in  nature.  Furthermore,  despite  favourable
short  term  market  conditions,  the  Community  industry  suffered  a  reduction  in
average prices and a loss in market share.

There  was  a  clear  coincidence  in  time  between  the  significant  price  undercutting
established and the significant market share gained by the dumped imports from the
countries concerned  and, on the other hand, the corresponding loss of  market share
suffered by the Community industry, as well as the reduction of its sales prices.

The poor economic situation of the low range segment (in which 97% of the imports
from  the  countries  concerned  were  concentrated)  provided  further  evidence  of  a
causal  link.  Other  factors  examined  did  not  break  the  causal  link  between  the
dumped imports and the injury suffered by the Community industry.

Community interest

There was a low level of co-operation by users and importers, which clearly made it
difficult to draw conclusions on the likely effects of anti-dumping measures in these
sectors.  However,  it  was  considered  that  the  impact  was  likely  to  be  negligible,
particularly for the retail sector where the proportion of costs represented by REWS
was very small.

68

In  contrast,  the  dumped  imports  from  the  countries  concerned  had  caused  material
injury  to  the  Community  industry,  which  had  made  great  efforts  to  remain
competitive.  The  full  extent  of  this  injury  was  concealed  by  temporary  benefits
caused  by  the  introduction  of  the  Euro.  However,  in  the  absence  of  measures,  the
situation  of  the  Community  industry  was  likely  to  deteriorate  further  with  the
possible cessation of production of low range REWS and  the  viability of  the  entire
Community industry being threatened as a consequence.

Measures

For the three countries concerned, the dumping margins were higher than the injury
elimination  margins;  the  latter  were  therefore  used  to  establish  the  level  of  the
definitive  measures  except  for  one  company  in  China,  for  which  the  duty  was
established on the basis of the injury elimination margin.

Ad  valorem  duties  were  imposed  as  follows:  for  the  People's  Republic  of  China,
individual company duties ranged from 0% to 12,8% with a residual duty of 30,7%;
for Korea, individual company duties ranged from 0% to 4,7% with a residual duty
of  4,9%;  for  Taiwan,  individual  company  duties  ranged  from  5,5%  to  5,9%  with  a
residual duty of 13,4%.

5.2.17. Coke  of  coal  in  pieces  with  a  diameter  of  more  than  80  mm  from  the  People's

Republic of China

Definitive  anti-dumping  measures  were 
the  Commission  on
15 December 2000. The proceeding had been initiated in September 1999, following
a  complaint  lodged  by  EUCOKE-EEIG.  A  provisional  duty  was  imposed  in  June
2000.

imposed  by 

The  investigation  confirmed  that  the  total  Community  consumption  in  the
investigation  period  (1  July  1998  to  30  June  1999)  amounted  to  1.372.862  tonnes.
The volume of the total imports originating in the country concerned during the same
period was 383.150 tonnes.

Dumping

The further investigation did not lead to changes with regard to the dumping margin,
which on a country-wide basis exceeded 60%.

Injury and causation of injury

One interested party claimed that in order to compare the product concerned and the
Community foundry coke at the same level of trade, an adjustment should be made to
the Chinese import prices to include the profit margin of importers. The request was
considered  justifiable  and  the  undercutting  margin  was  amended  accordingly.
Chinese foundry coke was definitively found to be sold in the Community at prices
which undercut those of the Community industry by 25,7% during the investigation
period.

69

The Community industry's profitability was revised to take account of a calculation
error  which  occurred  at  the  provisional  stage.  The  profitability  of  the  Community
industry  remained  positive  between  1995  and  1997  (9,4%  in  1995,  14,1%  in  1996
and  8,1%  in  1997)  whereas  it  decreased  to  1,3%  in  1998  and  then  to  losses
amounting to -5,5% in the investigation period.

On  the  basis  of  all  the  facts  and  considerations,  it  was  clearly  concluded  that  the
Community  industry  suffered  material  injury  during  the  investigation  period.
Consequently,  the  findings  of  the  provisional  Decision  regarding  injury  were
confirmed.

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

The further investigation into the Community interest aspects of the case confirmed
that  no  compelling  reasons  existed  on  grounds  of  Community  interest  against  the
imposition  of  anti-dumping  measures.  Indeed,  it  was  confirmed  that  the  anti-
dumping  measures  would  have  a  limited  impact  on  the  main  users  of  coke  80+
(foundries and stone wool producers). This conclusion was justified given that coke
80+  represented  only  a  small  part  of  users  overall  costs,  their  profitability  was
healthy and they were able to pass moderate cost increases on to sales prices. On the
other  hand,  should  definitive  measures  not  be  imposed,  the  situation  of  the
Community  industry  was  likely  to  deteriorate  leading  in  the  medium  term  to
closures.

Measures

Subsequent  to  the  imposition  of  provisional  measures,  certain  Chinese  exporters
offered undertakings which could not be accepted by the Commission since they did
not contain the necessary guarantees on the part of the Chinese authorities to allow
adequate monitoring.

Since the injury margin was below the dumping margin established, the duty was set
at the level  of  the  former,  i.e.  at  43,6%.  The  definitive  anti-dumping  duty  took  the
form of a specific amount of 32,6 €/tonne.

5.2.18. Polyester staple fibres (PSF) from India and the Republic of Korea

Definitive  anti-dumping  measures  were  imposed  by  the  Council  on  28  December
2000.  The  proceeding  concerning  the  Republic  of  Korea  and  the  one  concerning
India had been initiated in October and December 1999 respectively, following two
complaints  lodged  by  the  International  Rayon  and  Synthetic  Fibres  Committee
(“CIRFS”).  The  two  investigations  were  subsequently  combined.  Provisional  anti-
dumping duties were imposed in July 2000.

The  value  of  the  total  imports  of  PSF  from  the  countries  concerned  during  the
investigation period (from 1 October 1998 to 30 September 1999) amounted to Ecu/€
68,8 million.

70

Dumping

Following the comments received from the exporting producers upon publication of
the  provisional  measures  and  the  disclosure  of  the  dumping  calculations,  the  latter
were either confirmed or revised where appropriate.

Shortly  after  providing  their  comments,  two  exporting  producers,  Samyang
Corporation and SK Chemicals Co. Ltd. informed the Commission that they  would
merge  their  polyester  business  activities  into  one  jointly-owned  company,  to  be
named  Huvis  Corporation.  On  the  basis  of  the  additional  information  submitted,  it
was  decided  that  a  single  dumping  margin  should  be  definitively  established  for
Huvis  Corporation  as  the  weighted  average  of  the  dumping  margins  of  the  two
exporting producers concerned. The dumping margin for the related trading company
in Korea was set at the same level as for Huvis Corporation.

Definitive  dumping  margins  ranged  from  23,3%  to  35,4%  for  Indian  exporting
producers and from de minimis to 20,2% for Korean exporting producers.

Injury and causation of injury

Following comments received by exporting producers in the countries concerned, the
Commission  re-examined  a  number  of  indicators  not  commented  upon  in  the
provisional Regulation. These indicators refer, amongst others, to the productivity of
the Community industry, its return on investments, the development of its cash flow
and  wages  and  its  ability  to  raise  capital.  The  examination  of  the  trends  of  these
indicators however, reinforced the conclusions reached in the provisional Regulation.

Following the publication of the provisional Regulation, interested parties submitted
their  comments,  the  analysis  of  which  however  did  not  present  any  new  facts  that
could change the above findings of the Commission.

Community interest

Following  the  publication  of  the  provisional  Regulation,  a  number  of  Community
users and one users' association submitted comments to the Commission.

It  was  argued  that  the  Community  industry  does  not  produce  certain  types  of  PSF
and therefore users were forced to source these types from abroad. In addition, it was
claimed that the Community industry did not have the capacity to cover the existing
total  market  demand.  Under  these  circumstances,  certain  PSF  types  should  not  be
subject  to  measures.  In  respect  of  this  claim,  the  investigation  revealed  that  the
Community  industry's  decision  not  to  offer  certain  PSF  types  in  the  market  was
imposed by the very low prices offered for these types from exporting producers in
the  countries  concerned  and  other  third  countries.  The  imposition  of  antidumping
measures was expected to re-establish fair terms of trade in the market and permit the
Community  industry  to  extend  its  current  production  lines  both  in  terms  of  output
and in product types. Also, given the level of the duties proposed, imports from the
countries concerned will still be able to enter the Community. Furthermore, imports
from other third countries and the Community industry will ensure sufficient choice
and supply to the Community users.

71

Another argument raised was that the Community users would find themselves in a
more  difficult  economic  situation  after  the  imposition  of  the  duties,  as  they  would
face  higher  production  costs  which  they  would  not  be  able  to  pass  on  to  the
consumers,  because  of  the  competition  from  increased  imports  of  downstream
products.

The Commission, despite the very limited co-operation from the Community users,
attempted  to  assess  the  impacts  of  the  proposed  measures  using  the  available
information. The result of this assessment is that the proposed measures would lead
to  an  increase  of  production  cost  from  0,6%  to  1,2%,  all  other  factors  remaining
equal. Such a result does not suggest any significant deterioration of the situation of
the  Community  users  and  therefore  there  were  no  substantial  reasons  against  the
imposition of definitive measures in this case.

Measures

For  all  but  one  company,  the  dumping  margins  established  were  lower  than  the
corresponding injury margins. Definitive anti-dumping duties based on the previous
consideration  range  from  14,7%  to  35,4%  for  India  and  from  0%  to  20,2%  for  the
Republic  of  Korea.  However,  a  price  undertaking  offered  by  one  Indian  exporting
producer was accepted.

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 2000, 32 new proceedings were concluded without measures, compared to 22 in
1999  and  16  in  1998.  This  increase  is  a  direct  consequence  of  the  high  level  of
investigations initiated during 1999.

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 (in chronological order)

6.2.1.

Polyester staple fibres (AS) from the Republic of Korea and Thailand

The proceeding was initiated on 22 April 1999, following complaints lodged by the
International  Rayon  and  Synthetic  Fibres  Committee  ("CIRFS")  on  behalf  of
producers  representing  a  major  proportion  of  the  total  Community  production  of
polyester staple fibres (PSF).

As for Korea, it was determined that the exporters received countervailable benefits
in  the  shape  of  tax  incentives,  cheap  loans  and  the  Fixed  Amount  Duty  Drawback
Scheme and subsidies under the Localisation Scheme for the Capital Goods Industry.
However,  the  weighted  average  country-wide  subsidy  margin  for  all  exporters
investigated was de minimis, i.e. below the threshold of 1% for subsidisation.

72

As  for  Thailand,  this  was  the  first  investigation  after  the  pre-Uruguay  Round  ball
bearings case. It was found that the exporters received countervailable benefits in the
shape  of  exemptions  or  reduction  of  import  duties  on  machinery.  However,  it  was
determined  that  the  weighted  country-wide  margin  for  subsidisation  was  below  the
applicable de minimis level of 2%.

In  these  circumstances,  the  proceeding  was  terminated  without  imposition  of
measures by a decision published on 21 January 2000.

6.2.2.

Television camera systems from the USA

The proceeding was initiated on 22 January 1999, following a complaint lodged by
Philips Broadcast Television Systems BV.

At an advanced stage of the investigation, the sole exporting producer concerned, i.e.
Sony  Corporation,  decided  to  transfer  its  manufacturing  activities  of  television
camera systems in the USA to Europe.

In view of the discontinuation of the exports of television camera systems from the
USA, the proceeding was terminated without imposition of measures on 1 February
2000.

6.2.3.

Flat rolled products of iron or non-alloy steel (hot rolled coils) from Iran

The  proceeding  was  initiated  on  7  January  1999,  following  a  complaint  lodged  by
Eurofer on behalf of the Community industry.

The  evidence  submitted  and  the  claim  made  by  the  exporting  producer  in  Iran
required further investigation of the market share held by this country. According to
the  official  import  statistics  (Eurostat),  Iran's  exports  to  the  Community  were  just
above  the  de  minimis  level  (1,2%  market  share)  during  the  investigation  period
(1998).  However,  based  on  the  actual  level  of  exports  from  the  Iranian  company
concerned  assessed  during  the  investigation,  it  emerged  that  the  market  share  was
below  the  de  minimis  threshold  of  1%.  Given  the  conflicting  information,  it  was
considered  that  Iran  should  be  excluded  from  the  scope  of  the  anti-dumping
investigation.

In  these  circumstances,  the  proceeding  was  terminated  without  imposition  of
measures by a decision published on 5 February 2000.

6.2.4.

Flat  rolled  products  of  iron  or  non-alloy  steel  (hot  rolled  coils)(AS)  from  South
Africa

The  proceeding  was  initiated  on  8  January  1999,  following  a  complaint  lodged  by
Eurofer on behalf of the Community industry.

The  investigation  showed  that  a  number  of  the  subsidy  schemes  listed  in  the
complaint were considered to be actionable. However, the level of subsidisation was
found to be de minimis in South Africa.

In  these  circumstances,  the  proceeding  was  terminated  without  imposition  of
measures by a decision published on 5 February 2000.

73

6.2.5.

Yellow phosphorus from the People's Republic of China

The proceeding was initiated on 14 January 1999, following a complaint lodged by
Thermphos International BV representing the totality of the Community production.

In  the  course  of  the  investigation,  Thermphos  International  BV  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  imposition  of
measures by a decision published on 28 March 2000.

6.2.6.

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

The proceeding was initiated on 5 November 1999, following a complaint lodged by
the  European  Bicycle  Manufacturers  Association  (EBMA)  on  behalf  of  the
Community Industry.

On  24  January  2000,  EBMA  formally  withdrew  its  complaint.  The  Commission
considered  that  termination  of  the  proceeding  would  therefore  not  be  against  the
interest of the Community.

In  these  circumstances,  the  proceeding  was  terminated  without  imposition  of
measures by a decision published on 3 May 2000.

6.2.7.

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

The proceeding was initiated on 5 November 1999, following a complaint lodged by
the  European  Bicycle  Manufacturers  Association  (EBMA)  on  behalf  of  the
Community Industry.

On  24  January  2000,  EBMA  formally  withdrew  its  complaint.  The  Commission
considered  that  termination  of  the  proceeding  would  therefore  not  be  against  the
interest of the Community.

In  these  circumstances,  the  proceeding  was  terminated  without  imposition  of
measures by a decision published on 3 May 2000.

6.2.8.

Bicycle wheels from the People's Republic of China

The proceeding was initiated on 5 November 1999, following a complaint lodged by
the  European  Bicycle  Manufacturers  Association  (EBMA)  on  behalf  of  the
Community Industry.

On  24  January  2000,  EBMA  formally  withdrew  its  complaint.  The  Commission
considered  that  termination  of  the  proceeding  would  therefore  not  be  against  the
interest of the Community.

In  these  circumstances,  the  proceeding  was  terminated  without  imposition  of
measures by a decision published on 3 May 2000.

74

6.2.9. Hairbrushes from Hong Kong

The proceeding was  initiated  on  13  August 1999, following  a  complaint  lodged  by
the 'Fédération européenne des Industries de la Brosserie et de la Pinceauterie'.

The  volume  of  these  imports  was  found  to  be  negligible  during  the  investigation
period,  i.e. 600.000  units  with  a  market  share  of  0,6%.  It  was  therefore  considered
that these imports could not be cumulated with those of the other countries concerned
and  that  the  proceeding  had  to  terminated  at  the  provisional  stage  vis-à-vis  Hong-
Kong.

In  these  circumstances,  the  proceeding  was  terminated  without  imposition  of
measures by a decision published on 9 May 2000.

6.2.10. Parts of television camera systems from Japan

The proceeding was initiated ex officio by the Commission on 12 February 1999.

No provisional anti-dumping measures were imposed within nine months following
the initiation.

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. The
Commission presented a proposal for definitive measures to the Council, which was
not adopted before the expiration of the deadline mentioned above.

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

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

The proceeding was initiated on 5 March 1999, following a complaint lodged by the
European Plastics Converters (EuPC) on behalf of the Community industry.

In  the  course  of  the  investigation,  EuPC  formally  withdrew  its  complaint.  The
Commission could thus  decide to terminate  the  proceeding  unless  such  termination
was  found  not  to  be  in  the  Community  interest.  The  investigation  did  not  bring  to
light any such considerations.

In  these  circumstances,  the  proceeding  was  terminated  without  imposition  of
measures by a decision published on 24 May 2000.

6.2.12. Stainless steel fasteners (AS) from Singapore and Thailand

The proceeding was initiated on 26 June 1999, following a complaint lodged by the
European Industrial Fasteners Institute (EIFI) on behalf of the Community industry.

The  proceeding  concerning  imports  of  stainless  steel  fasteners  and  parts  thereof
originating  in  Singapore  was  terminated  due  to  the  fact  that  none  of  the  alleged
subsidies had been used by the exporting producers in Singapore.

The  proceeding  concerning  imports  of  stainless  steel  fasteners  and  parts  thereof
originating  in  Thailand  was  terminated  due  to  the  fact  that  the  amount  of

75

countervailable  subsidies  found  for  the  two  co-operating  exporting  producers  were
either  none  or  de  minimis.  As  these  exporting  producers  covered  virtually  all  Thai
exports into the Community, the weighted average countrywide margin was thus de
minimis.

In  these  circumstances,  the  proceeding  was  terminated  without  imposition  of
measures by a regulation published on 14 July 2000.

6.2.13. Steel wire rod from Turkey

The proceeding was initiated on 22 May 1999, following a complaint lodged by the
European  Confederation  of  Iron  and  Steel  Industries  (EUROFER)  on  behalf  of  the
Community industry.

In  the  course  of  the  investigation,  the  complainant  withdrew  the  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  imposition  of
measures by a decision published on 12 August 2000.

6.2.14. Malleable cast iron  tube or  pipe fittings from Croatia and the  Federal  Republic  of

Yugoslavia

The proceeding was initiated on 29 May 1999, following a complaint lodged by the
Defence  Committee  of  Malleable  Cast  Iron  Tube  or  Pipe  Fittings  Industry  of  the
European Union.

The  investigation  concerning  Croatia  and  the  Federal  Republic  of  Yugoslavia
showed that the market shares were de minimis.

In  these  circumstances,  the  proceeding  was  terminated  without  imposition  of
measures by a decision published on 18 August 2000.

6.2.15. Solutions of urea and ammonium nitrate from the Slovak Republic

The proceeding was initiated on 26 June 1999, following a complaint lodged by the
European Fertiliser Manufacturers Association on behalf of the Community industry.

The investigation concerning the Slovak Republic showed that there was a lack of a
causal link between the situation of the Community industry and imports originating
from that country.

In  these  circumstances,  the  proceeding  was  terminated  without  imposition  of
measures by a decision published on 22 September 2000.

6.2.16. Woven glass fibre fabrics (AS) from Taiwan

The  proceeding  was  initiated  in  September  1999,  following  a  complaint  lodged  by
the  European  Apparel  and  Textile  Organisation  (Euratex)  on  behalf  of  the
Community industry.

76

In  the  course  of  the  investigation,  Euratex  formally  withdrew  its  complaint.  The
Commission could thus  decide to terminate  the  proceeding  unless  such  termination
was  found  not  to  be  in  the  Community  interest.  The  investigation  did  not  bring  to
light any such considerations.

In  these  circumstances,  the  proceeding  was  terminated  without  imposition  of
measures by a decision published on 23 September 2000.

6.2.17. Cathode-ray  colour  television  picture  tubes  from  Lithuania,  Malaysia  and  the

People's Republic of China

The proceeding was initiated on 29 July 1999, following a complaint lodged by the
Taskforce against Unfair Business in Europe (TUBE) on behalf of the sole producer
of certain cathode-ray colour television picture tubes in the Community.

With  respect  to  Lithuania  the  de  minimis  dumping  margin  established  in  the
provisional Regulation (1,3%) was confirmed. Following the review of calculations
carried  out  by  the  Commission,  the  weighted  average  dumping  margin  for  the  two
Malaysian companies was definitively established as de minimis. With respect to the
People’s Republic of China, the market share held by Chinese imports was found to
be below the de minimis threshold.

In  these  circumstances  the  proceeding  was  terminated  without  imposition  of
measures by a regulation published on 20 October 2000.

6.2.18. Hairbrushes  from  the  People's  Republic  of  China,  the  Republic  of  Korea,  Taiwan

and Thailand

The proceeding was  initiated  on  13  August  1999, following  a  complaint  lodged  by
the  'Fédération  européenne  des  Industries  de  la  Brosserie  et  de  la  Pinceauterie'.
Provisional measures were imposed in May 2000.

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. The
Commission presented a proposal for definitive measures to the Council, which was
not adopted before the expiration of the deadline mentioned above.

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

6.2.19. Glycine from the People's Republic of China

The proceeding was initiated  on  24  August 1999, following  a  complaint  lodged  by
the European Chemical Industry Council (CEFIC) on behalf of the sole Community
producer.

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. The
Commission presented a proposal for definitive measures to the Council, which was
not adopted before the expiration of the deadline mentioned above.

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

77

6.2.20. Polyethylene  terephthalate  (PET)  (AS)  from  Indonesia,  the  Republic  of  Korea  and

Taiwan

The proceeding was initiated in 6 November 1999, following a complaint lodged by
the  Polyethylene  Terephthalate  Committee  of 
the  Association  of  Plastic
Manufacturers in Europe.

However,  the  investigation  showed  that  the  countrywide  subsidy  margin  for
Indonesia, the Republic of Korea and Taiwan were below de minimis threshold.

In  these  circumstances,  the  proceeding  was  terminated  without  the  imposition  of
measures by a regulation published on 30 November 2000.

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 reviews : expiry reviews (Article 11(2)),
interim reviews (Article 11(3)), newcomer investigations (Article 11(4)), absorption
investigations (Article 12) and circumvention investigations (Article 13).

Also  anti-subsidy  measures  may  be  subject,  under  the  basic  Regulation,  to  five
different types of reviews : expiry reviews (Article 18), interim reviews (Article 19),
absorption  investigations  (Article  19(3)),  accelerated  reviews  (Article  20)  and
circumvention investigations (Article 23).

These  reviews  continue  to  represent  a  major  part  of  the  work  of  the  Commission's
anti-dumping  services.  In  the  period  from  1996  to  2000,  a  total  of  165  review
investigations were initiated. These review investigations represented almost 43% of
all investigations.

In  2000,  37  reviews  were  initiated.  Of  these,  9  were  expiry  reviews,  21  interim
reviews, 3 newcomer review, 1 absorption reviews and 3 accelerated reviews.

An overview of the review investigations in 2000 can be found in Annexes G to L.
Table 2 provides statistical information for the years 1996 - 2000.

78

TABLE 2

Reviews of anti-dumping and anti-subsidy investigations

during the period 1 January 1996 - 31 December 200018

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

1996

1997

1998

1999

2000

42

33

75

16

59

59

18

77

28

49

49

37

86

38

48

48

40

88

27

61

61

37

97

4419

53

7.2.

Expiry reviews

Article  11(2)  and  Article  18  of  the  basic  Regulations  provide  for  the  expiry  of
measures after five years, unless an expiry review demonstrates that they should be
maintained in their original form.

In 2000, 4 measures were allowed to expire automatically. The references for these
measures are set out in Annex N.

Since the expiry (or "sunset") provision of the basic Regulations came into force in
1985, a total of 305 measures have been allowed to expire automatically.

An overview of the expiry  reviews that  were initiated  or concluded  in 2000 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.
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 (in chronological order)

7.2.1.1. Urea from Russia

The expiry review was initiated on 4 March 2000, following a request lodged by the
European Fertilizer Manufacturers Association (EFMA) on behalf of the Community
industry.  The  request  was  supported  by  a  total  of  11  companies.  Definitive  duties
were initially imposed in March 1995.

18

19

The initiation of a case concerning several countries is accounted as separate investigations/proceedings
per country involved.
Investigations  which  were  conducted  and  concluded  under  the  specific  provisions  of  the  Regulation
imposing the original measures are not counted as there was no publication of the initiation.

79

                                                
The  request  was  based  on  the  grounds  that,  although  the  quantities  exported  by
Russia  had dropped substantially since  the  previous investigation, the expiry  of the
measures would be likely to result in the continuation or recurrence of dumping and
injury to the Community industry.

7.2.1.2. Colour  television  receivers  from  Malaysia,  the  People's  Republic  of  China,  the

Republic of Korea, Singapore and Thailand

The expiry review was initiated on 1 April 2000, following a request lodged by the
Producers  of  European  Television  in  Co-operation  (Poetic)  on  behalf  of  the
Community industry. The request was supported by producers representing a major
proportion  of  the  total  Community  production  of  colour  television  receivers.
Definitive duties were initially imposed in April 1995. At the same time, an interim
review was initiated.

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.

7.2.1.3. Gas-fuelled, non refillable lighters from the People's Republic of China

The expiry review was initiated on 5 May  2000, following a request  lodged by the
European Lighters Manufacturers Federation on behalf  of  the Community industry.
Definitive  duties  were  initially  imposed  in  May  1991,  amended  in  May  1995  and
extended in January 1999.

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.

7.2.1.4. Ammonium nitrate from Russia

The expiry review was initiated on  23  August  2000, following a request lodged by
the  European  Fertiliser  Manufacturers  Association  on  behalf  of  the  Community
industry. The request was supported by producers representing a major proportion of
the  total  Community  production  of  ammonium  nitrate.  Definitive  duties  were
initially imposed in August 1995. At the same time, the Commission also opened an
interim review.

The request contained  evidence that  the  expiry of the  measures  would  result  in  the
continuation  or  recurrence  of  dumping  and  injury  to  the  Community  industry.
Further the request provided evidence that the current measures were not sufficient to
counteract the injurious effects of dumping.

7.2.1.5. Peroxodisulphates from the People's Republic of China

The expiry review was initiated on 20 December 2000, following a request lodged by
CEFIC on behalf of the Community industry. The request was supported by a total of
2 companies. Definitive duties were initially imposed in December 1995.

80

The request was based on the grounds that the expiry of measures would be likely to
result  in  a  continuation  or  recurrence  of  dumping  and  injury  to  the  Community
industry. The applicant alleged that the exports from the People's Republic of China
to the Community had continued at substantial dumping margins.

7.2.2.

Expiry reviews concluded with confirmation of duty (in chronological order)

7.2.2.1. Magnesium (dead-burned) from the People's Republic of China

The  expiry  review  was  initiated  in  December  1998,  following  a  request  lodged  by
Eurométaux,  representing  the  Community  industry.  Definitive  measures  were
initially imposed in December 1993.

The  investigation  has  shown  that  substantial  dumping  from  Chinese  producers  still
existed  on  the  Community  market  and  that  the  market  shares  of  these  exports
continued to increase. On these grounds, it was considered very likely that dumping
would continue if the measures were removed.

The imposition of a minimum import price in 1993 had the effect of increasing the
sales price of Chinese dead burned magnesium on the Community market. However,
this was due to the fact that the Chinese producers changed the product mix of their
exports  to the Community  by selling  higher quality products, thus  more  expensive.
When considering that change of product mix, it was established that the sales prices
of  the  Chinese  exporters  on  the  Community  market  were  significantly  lower  than
those of the Community industry.

Additionally, the fact that the Chinese export price of dead-burned magnesium on the
US market was significantly lower than the Community market price indicated that
repealing  the  measures  would  lead  to  the  prices  of  the  Community  industry  being
undercut.

The investigation established that, although the situation of the Community industry
had improved in some areas, other economic factors did not develop favourably and
that  the  Community  industry  was  not  able  to  fully  recover  from  the  effect  of  the
dumping  practices.  In  view  of  the  above  described  Chinese  aggressive  price
behaviour, their large raw material reserves  and  unused production capacity, it was
considered more than likely that injurious dumping would continue if measures were
repealed.

Any price increase for users resulting from the imposition of anti-dumping measures
was  not  expected  to  be  disproportionate  when  compared  to  the  benefit  to  the
Community  industry  achieved  by  the  removal  of  the  trade  distortion  caused  by  the
dumped imports.

On 18 February 2000, the Council therefore  concluded that anti-dumping measures
should be maintained.

81

7.2.2.2. Potassium chloride from Belarus, Russia and Ukraine

The  investigation  was  initiated  in  March  1999,  as  a  combined  expiry  and  interim
review (limited to the form of the duty), following a request lodged by the European
Association  of  Potash  Producers  representing  the  Community  Industry.  Definitive
measures were initially imposed in March 1994.

The investigation established that potash consumption in the Community during the
investigation  period  (1  January  –  31  December  1998)  was  about  7.300.000  tonnes,
primarily  as  a  fertiliser.  The  volume  of  the  imports  from  the  three  countries
concerned  in  the  same  period  totalled  396.000  tonnes,  mostly  under  inward
processing regime; their value amounted to € 35,3 million.

Recurrence of dumping

Canada  was  maintained  as  the  analogue  country.  With  regard  to  imports  from
Belarus and Russia, it was concluded that there had been a continuation of significant
dumping. Statistics did not show any imports from Ukraine; and no co-operation was
received  from  Ukrainian  producers/exporters.  It  was  also  concluded  that  dumping
would not stop or would recur if the measures were repealed.

Recurrence of injury

It was found that the economic situation of the Community industry had  somewhat
improved  between  1994  and  1998;  but,  because  several  parameters  had  not
developed very favourably, it would continue to be vulnerable to injurious dumping
if the measures were allowed to lapse. Specifically, the Community industry showed
a  positive  development  of  profitability  as  average  sales  prices  per  tonne  increased.
However, its sales decreased by almost 5%; its production and capacity declined with
ensuing decrease of capacity utilisation. Investments decreased markedly, and so did
the workforce. While Russia and Belarus were able to redirect part of their exports to
other markets, their capacity utilisation continued to be exceptionally low; moreover,
domestic  consumption  was  considerably  reduced  in  those  countries.  It  appeared
therefore that in the absence of measures, massive sales in the Community, at prices
even lower than those in 1998, would be more attractive to the exporters concerned
then  sales  to  distant  markets  on  account  of  lower  freight  costs  and  hard  currency
payments. The likelihood of recurrent, injurious dumping was manifest.

Community Interest

If dumped imports destined to free circulation were to reappear following the lapse
of  the  current  anti-dumping  measures,  the  situation  of  the  Community  industry
would  again  deteriorate  from  its  current,  moderately  profitable  situation.  A  further
reduction of the number of employees would occur as a result.

Importers of potash were opposed to the prolongation of the measures on account of
reduced  competition  and  artificially  high  prices.  No  evidence  was  found  of  the
alleged difficulties of importing potash from other producing countries as alternative
sources  of  potash.  On  the  other  hand  the  different  form  of  the  measures  replacing
those under review would allow increasing imports from the countries concerned and
stave off any feared deterioration of the importers’ profitability.

82

Manufacturers of compound and blended fertilisers also opposed the continuation of
measures.  However,  in  spite  of  their  increased  costs  attributable  to  raw  materials  -
potash as well as nitrogen- it could not be proven that the continuation of measures
would imply a further deterioration of their situation.

Farmers’ associations did not express their opinion.

After analysing the various interests involved, it was established that the continuation
of measures would prevent new injurious dumping and would offer overall benefits
to the Community far larger than the disadvantages the users claimed would befall on
them.

Measures

On 11 May 2000, the Council concluded that the duties established should be based
on the content of potassium oxide and should vary according to the country of origin
from 19,61 to 48,19 €/tonne.

7.2.2.3. Silicon carbide from the People's Republic of China, Russia and Ukraine

The  expiry  review  was  initiated  in  April  1999,  following  a  request  lodged  by  the
European  Chemical  Industry  Council  (CEFIC)  on  behalf  of  Community  producers
representing  the  totality  of  Community  production  of  silicon.  Definitive  measures
were initially imposed in April 1994.

The imposition of the measures in 1994 had the effect of significantly reducing the
market  shares  of  Chinese  and  Ukrainian  exports  which  fell  below  1%.  The  market
shares  of  exports  from  Russia  remained  relatively  stable  around  7%,  following  the
acceptance of undertakings limiting Russian imports to a non-injurious volume.

The  investigation  has  shown  that  significant  dumping  from  exporting  producers  of
the  three  countries  concerned  still  existed,  taking  into  account  a  normal  value
established  on  the  basis  of  domestic  sales  in  Brazil,  which  has  been  selected  as  an
appropriate  analogue  country.  No  reasons  were  found  why  this  actual  dumping
would not continue.

Since  the  countries  concerned,  especially  China  and  Ukraine,  had  relatively  low
shares  of  the  Community  market,  it  was  further  examined  whether  other
circumstances  supported  the  conclusion  that  dumping  would  continue  should
measures be repealed.

In that respect, it was found that, due to their large unused production capacity, the
three countries concerned had the potential to significantly increase their production
and export volume to  the Community.  It  was  also  found  that,  on  their  main  export
markets, the sales price of these three countries was below the normal value and also
much lower than the price of silicon carbide sold by the Community producers on the
Community market.

83

For these reasons, and due to the attractiveness of the Community market in terms of
prices, it was considered more than likely that, if measures were repealed, the exports
originating in Russia, Ukraine and China would significantly increase and dumping
practices would continue, causing further injury to the Community industry.

As to the users and importers of silicon carbide, it appeared that the imposition of the
measures in general did not have any negative effects on their economic situation. A
significant  number  of  the  co-operating  users  and  importers  were  in  favour  of  the
continuation of the measures.

On  26  May  2000,  the  Council  therefore  concluded  that  the  anti-dumping  measures
should be maintained.

7.2.2.4. Bicycles from the People's Republic of China

The  expiry  review  was  initiated  in  September  1998,  following  a  request  by  the
European  Bicycle  Manufacturers'  Association  (EBMA)  on  behalf  of  Community
bicycle  producers  whose  collective  output  constituted  a  major  proportion  of  total
Community  production.  Definitive  measures  were  initially  imposed  in  September
1993.

The  investigation  showed  that  the  dumping  margin  for  the  drastically  reduced
number of bicycles which entered in the Community was higher than in the original
investigation. The existence of substantial production capacity available in China, the
degree of circumvention found and fraudulent customs declarations further indicated
that  the  volume  of  Chinese  bicycle  exports  to  the  Community  would  in  all
probability reach substantial levels were the measures allowed to lapse.

All the economic indicators pertaining to the Community industry continued to show
negative trends during the investigation period. One of the main reasons for this was
the  circumvention  of  the  measures,  which  had  prevented  the  industry  from  fully
recovering from the previous injury. It was therefore considered that the removal of
the anti-dumping duty would inevitably lead to a recurrence of material injury to the
Community industry.

The  Community  interest  investigation  showed  that  without  anti-dumping  measures
most of the producers included in the Community industry operating at the low-end
of the bicycle market were likely to disappear. Competition and consumer choice on
the Community market will thus be reduced.

In addition, it was considered that, although sales prices may decrease at the low-end
of the market the Community industry's losses in sales volume would lead to higher
factory break-even levels and thus price increases, in particular at the high-end of the
market.  On  balance,  the  absence  of  anti-dumping  measures  would  lead  to  a  price
increase, which would have to be borne by consumers.

On this basis, the Council concluded on 14 July 2000 that there were no compelling
reasons for not maintaining the measures in force.

84

7.2.2.5. Ethanolamines from the USA

The expiry review was initiated in February 1999, following a request lodged by the
European Chemical Industry Council (CEFIC) on behalf of 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 combination of an expiry review and an interim review, the
latter  having  to  examine  whether  the  form  and  level  of  the  measures  should  be
modified. Definitive measures were initially imposed in February 1994.

The investigation has shown that substantial dumping from US exporting producers
still existed, that exports were continued to be made in significant quantities, that the
dumping  margins  were  lower  than  in  the  previous  investigation  and  that  these
changes were likely to prove lasting. On this basis, it was concluded that a revision
of the dumping calculation was warranted.

It was found that the Community industry had regained some market share since the
measures  were  imposed,  showing  that  these  measures  were  to  a  certain  extent
effective in restoring the situation of the Community industry. However, the situation
of the Community industry remained fragile as reflected by the losses incurred. This
situation  stemmed  from  the  fact  that,  although  the  minimum  import  prices  were
apparently respected, the measures were not passed on by the US related importers to
the first independent buyers on the Community market. As a direct consequence of
this absorption, the measures could not achieve their aim of fully removing injury as
reflected in the fact that the prices of the Community industry were below breakeven
point and losses were incurred.

In  terms  of  recurrence  of  injury,  the  investigation  indicated  that  some  exporting
producers  increased  their  production  capacities  in  third  countries,  allowing  for  a
likely  decrease  of  US  exports  to  these  countries  and  for  an  increase  of  available
production  capacity  in  the  USA,  the  result  of  which  could  be  re-directed  to  the
Community. Moreover, it was observed that there is a growing gap between capacity
and  consumption  in  the  USA;  a  situation  which  pointed  to  the  need  for  additional
outlets  to  be  found  for  the  product  concerned.  In  conclusion,  the  likelihood  of  the
continuation or recurrence of injurious dumping was considered to be very high and
maintaining  the  measures  would  therefore  be  in  the  interest  of  the  Community
industry by limiting the downward pressure on sales prices.

Users  of  ethanolamines,  which  came  forward  in  the  investigation,  represented  a
minor  share  of  Community  consumption  and  were  not  in  a  position  to  substantiate
their allegations that measures were not in the Community interest.

On the basis of the above, the Council concluded on 25 July 2000 that the measures
should  be  maintained  but  not  in  their  current  form.  Given  that  most  of  the  US
imports  were  made  via  related  sales  companies,  it  was  considered  that  measures
should be imposed in the form of a specific fixed duty which cannot be absorbed.

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7.2.2.6. Fluorspar from the People's Republic of China

The  expiry  review  was  initiated  in  March  1999,  following  a  request  lodged  by
Eurométaux.  Further  to  the  request  presented  by  the  Community  industry,  the
Commission initiated an ex officio interim review. Definitive measures were initially
imposed in March 1994.

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 investigation showed that despite the anti-dumping measures in force,
the Chinese exporters had continued to export Chinese fluorspar to  the  Community
market  at  dumped  prices  and  in  significant  quantities.  The  existence  of  a  large
production  capacity  and  the  high  level  of  stocks  held  by  the  Chinese  exporters
suggested  that  dumping  would  recur  should  the  measures  be  allowed  to  lapse.
Moreover,  the  increase  in  Chinese  prices  was  mainly  due  to  the  Chinese  export
licence  system  in  place  which  artificially  mirrors  export  prices  from  the  People's
Republic  of  China  and  which  would  in  all  likelihood  have  been  removed  had  the
measures lapsed.

As  far  as  injury  is  concerned,  it  was  found  that  the  Community  industry  has
improved  its  situation.  However,  the  period  of  application  of  the  anti-dumping
measures  has  not  allowed  the  industry  to  fully  recover,  notably  in  terms  of
profitability, from the injurious effects of the Chinese imports which continued after
the  imposition  of  the  anti-dumping  measures.  It  was  concluded  that  injury  would
continue in view of the increase in the production capacity and production of Chinese
fluorspar which is unmatched by internal consumption and the likely decrease in the
Chinese export prices in the absence of the export licensing system.

As  regards  Community  interest,  the  investigation  had  shown  that  whilst  the
continuation of the measures would allow the Community industry to fully recover,
the impact of the measures on users was unlikely to be significant.

On  the  basis  of  the  above,  the  Council  concluded  on  26  September  2000  that  if
measures  were  allowed  to  lapse,  dumping  and  injury  were  likely  to  continue  and
therefore measures should be maintained.

7.2.2.7. Television camera systems from Japan

The  expiry  review  was  initiated  in  April  1999,  following  a  complaint  lodged  by
Philips Digital Video Systems and Thomson Broadcast Systems, the complainants in
the original investigation. Definitive measures were initially imposed in April 1994.

It  was  concluded  that,  should  the  measures  be  repealed,  there  was  a  likelihood  of
recurrence  of  injurious  dumping  since  in  the  absence  of  measures,  Japanese  prices
would  likely  remain  at  the  current  levels  found  on  the  Community  market  which
were  significantly  lower  than  those  of  the  Community  industry  and  could  fall  to
levels comparable to the prices for imports into third markets or even to the level of
prices found in the original investigation.

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Also, the anti-dumping measures reviewed did not have a decisive impact on users.
Therefore,  it  was  considered  that  there  were  no  compelling  reasons  against  the
prolongation of the existing anti-dumping duties.

On  the  basis  of  the  above,  the  Council  concluded  on  29  September  2000  that  if
measures were allowed to lapse, dumping and injury were likely to continue and to
recur and that therefore measures should be maintained.

7.2.3.

Expiry reviews concluded by termination (in chronological order)

7.2.3.1. Non-refillable lighters from Japan

The expiry review  was  initiated on 30 November 1996, following  a request lodged
by the European Federation of Lighter Manufacturers. An interim review was opened
at the same time. Definitive measures were initially imposed in November 1991.

On  the  basis  of  the  facts  established  in  the  investigation,  the  Commission  had
concluded that there was likelihood of recurrence of injurious dumping and, in April
1999, made the second of two proposals to impose definitive duties.

However,  the  necessary  majority  in  the  Council  was  not  achieved  to  adopt  a
Regulation on the basis of the Commission proposal.

Article 11(2) of the basic Regulation provides that, while a review is carried out, the
anti-dumping  measure  remains  in  force  pending  the  outcome  of  the  review.  In  the
present case, therefore, the result of the Council deciding not to adopt a Regulation
on  the  basis  of  a  Commission  proposal  would  have  had  the  consequence  that  the
review  proceeding  would  remain  open  and  the  existing  measure  would  remain  in
force for an unlimited period of time.

In  these  circumstances,  the  Commission  considered  that  the  anti-dumping  duty
should  be  repealed  in  order  to  avoid  both  an  undue  duration  of  the  review  and  the
remaining in force of the anti-dumping measure for an indefinite period of time.

Consequently, the anti-dumping duty was repealed on 27 January 2000.

7.2.3.2. Large aluminium electrolytic capacitors (LAECs) from Japan

The expiry review was initiated in 3 December 1997, following a request lodged by
the  Federation  for  Appropriate  Remedial  Anti-Dumping  (FARAD).  Definitive
measures were initially imposed December 1992.

The  investigation  was  conducted  simultaneously  with  an  investigation  pursuant  to
Article 5 of the basic Regulation on imports of  LAECs originating in the USA and
Thailand and with a review pursuant to Article 11(3) of the basic Regulation of the
anti-dumping measures applicable to imports of  LAECs originating in the Republic
of Korea and Taiwan.

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Since the conclusions of the investigation regarding Japan were the same as those of
the  investigation  regarding  the  USA  and  Thailand,  and  given  the  absence  of
measures  on  the  USA  and  Thailand,  the  imposition  of  measures  on  imports
originating in Japan would be discriminatory and thus contrary to Article 9(5) of the
basic Regulation.

In these circumstances, the investigation was terminated on 27 January 2000.

7.2.3.3. Low carbon ferro-chrome from Russia and Kazakhstan

The  expiry  review  was  initiated  on  2  October  1998,  following  a  request  by  Euro
Alliages  on  behalf  of  the  Community  industry.  Definitive  measures  were  initially
imposed in October 1993.

The  investigation  established  that  dumping  did  not  occur  during  the  investigation
period  (i.e.  from  January  to  September  1998)  as  concerns  the  Russian  exporting
producers, which all co-operated. The Kazakh exporting producer did not co-operate.
During  the  investigation  period,  according  to  Eurostat,  there  was  no  indication  of
exports from Kazakhstan into the Community market, therefore no determination of
dumping was undertaken.

As to the likelihood of recurrence of dumping it was concluded that it was unlikely
that  dumping  would  recur  for  both  Kazakhstan  and  Russia.  As  to  Russia,  account
was taken in particular of the market behaviour in the USA, where Russia exported
significant  volumes  of  low  carbon  ferro-chrome  and  where  the  export  price  was
higher than the normal value. Secondly, it appeared unlikely that Russian exporting
producers  would  lower  their  export  prices  in  the  Community  to  a  degree  that  they
would  be  dumped.  In  fact,  considering  that  the  Russian  export  prices  to  the
Community  market  were  much  lower  than  those  of  the  Community  industry,  it
appeared that there would be no reason for the Russian exporting producers to further
lower their prices to a dumped level.

As to Kazakhstan, although massive capacities of chromium ore reserves exist in that
country,  the  investigation  revealed  outdated  equipment  and  failure  to  privatise,
restructure and modernise the industry. Moreover, based on the information available
and taking into account that the Kazakh production is focused on medium and high
carbon  ferro-chrome rather than low carbon ferro-chrome, it appeared  unlikely  that
any significant resumption of imports of the product concerned would recur.

In these circumstances, the investigation was terminated on 25 March 2000.

7.3.

Interim reviews

Article  11(3)  and  Article  19  of  the  basic  Regulations  provide  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 investigations, it is being considered, inter alia, whether the circumstances with
regard to dumping and injury have changed significantly. Reviews can be limited to
dumping/subsidization or injury aspects.

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In 2000, 21 such interim reviews were initiated.

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 (in chronological order)

7.3.1.1. Stainless steel fasteners and parts thereof from the People's Republic of China

The interim review was initiated on 12 January 2000, following a request lodged by
the  Chinese  exporting  producer  Bulten  Fasteners  (China)  Co  Ltd.  Definitive  anti-
dumping measures were initially imposed on 20 February 1998. At the same time, a
new exporter review was opened.

The company claimed that it operated under market economy conditions and that it
was  not  related  to  any  of  the  exporting  producers  subject  to  the  anti-dumping
measures  in  force.  Furthermore,  it  claimed  that  it  had  not  exported  the  product
concerned during the original period of investigation, but had started exports to the
Community after that period.

7.3.1.2. Stainless steel bars from India

The interim review was initiated on 26 January 2000, following a request from one
of the exporters who co-operated in the original investigation. Definitive duties were
initially imposed on 14 November 1998.

The grounds for the interim review were based on the applicant’s allegation that the
duty rate imposed by the definitive regulation was no longer necessary to offset the
countervailable subsidy being received by the applicant.

The  interim  review  was  limited  to  the  issue  of  whether  the  rate  of  duty  should  be
adapted in order to ensure the continued accuracy of the measures.

7.3.1.3. Unwrought unalloyed magnesium from the People's Republic of China

The interim review was initiated on 8 February 2000, following a request lodged by
two  Italian  importers,  Pro.cat  Scarl  and  De  Stefani  Luigi.  Definitive  duties  were
initially imposed on 7 November 1998.

The  request  was  based  on  the  clarification  of  the  product  coverage  of  these  anti-
dumping measures. It was clear at the time of the original investigation that measures
could be easily circumvented by  intentionally  adding other  elements  to  the  product
concerned  in  order  to  create  alloys.  It  was  therefore  decided  that  such  "artificial"
alloys  should  be  covered  by  the  measures  whilst  those  which  conformed  to  known
industrial standards should be excluded from them.

7.3.1.4. Television camera systems from Japan

The interim review was initiated on 12 February 2000, following a request lodged by
Hitachi  Denshi  Ltd,  an  exporting  producer  of  television  camera  systems  that  took
part in the original investigation. Definitive duties were initially imposed on 30 April
1994  and,  since  the  initiation  of  the  above  review,  confirmed  further  to  an  expiry
review on 29 September 2000.

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The 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  anti-dumping  duty  applicable  to  the
applicant.  It  was  limited  in  scope  to  the  examination  of  dumping  as  far  as  the
applicant is concerned.

7.3.1.5. Colour  television  receivers  from  Malaysia,  the  People's  Republic  of  China,  the

Republic of Korea, Singapore and Thailand

The interim review was initiated on 1 April 2000, following a request lodged by the
Producers  of  European  Televisions  in  Co-operation  (Poetic)  on  behalf  of  the
Community  industry.  Definitive  duties  were  initially  imposed  on  1  April  1995.  At
the same time, an expiry review was initiated.

The  grounds  for  the  interim  review  were  based  on  information  available  which
showed  that  the  various  markets  involved  and  the  product  itself,  underwent
significant changes over the last few years.

7.3.1.6. Polyester textured filament yarn (PTY) from Thailand

The interim review was initiated on 20 June 2000, following a request lodged by the
Thai  exporter  Sunflag.  Definitive  duties  were  initially  imposed  on  12  November
1996.

The  request  was  limited  in  scope  to  the  examination  of  dumping  as  far  as  the
applicant was concerned and was based on the grounds that the review would most
likely  result  in  the  repeal  of  the  current  anti-dumping  duty  applicable  to  the  above
exporter as the circumstances had changed and were likely to be of a lasting nature.

7.3.1.7. Personal fax machines from the People's Republic of China, Japan, the Republic of

Korea, Malaysia, Singapore, Taiwan and Thailand

The interim review was initiated on 1 July 2000 on the Commission's own initiative.
Definitive duties were initially imposed on 30 April 1998.

The request was based on the grounds that significant changes occurred in the trade
pattern between third countries and the Community, both in terms of import volumes
and import prices which indicated changed circumstances. Allegation had also been
made  that the  effectiveness  of  the  anti-dumping  measures had  been  undermined  by
slight changes in the product itself.

7.3.1.8. Ammonium nitrate from Russia

The interim review was initiated on 23 August 2000, following a request lodged by
the  European  Fertiliser  Manufacturers  Association  on  behalf  of  the  Community
industry.  Definitive  duties  were  initially  imposed  on  23  August  1995.  An  expiry
review was initiated at the same time.

The request contained  evidence that  the  expiry of the  measures  would  result  in  the
continuation  or  recurrence  of  dumping  and  injury  to  the  Community  industry.
Further the request provided evidence that the current measures were not sufficient to
counteract the injurious effects of dumping.

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7.3.1.9. Bicycles from the People's Republic of China

The  interim review  was initiated  on  30 September 2000,  following  requests lodged
by four Chinese exporters. Definitive duties were initially imposed in 1993 and were
maintained in July 2000 following an expiry review.

The requests were limited in scope to dumping and were based on the grounds that
the  applicants  operated  under  market  economy  conditions  in  respect  of  the
manufacture and sale of the product concerned, and that circumstances had changed
significantly  with  regard  to  the  dumping  previously  established.  The  existing
measures would therefore be no longer necessary to offset dumping.

7.3.1.10.Lighters (gas-fuelled non-refillable) from Thailand

The interim review was initiated on 31 October 2000, following a request lodged by
the Thai company Thai Merry Co., Ltd. Definitive duties were initially imposed and
undertakings accepted on 6 March 1997.

The request was based on the grounds that the circumstances on the basis of which
the measures were established had changed and that these changes were of a lasting
nature.

7.3.1.11.Polyester staple fibres (PSF) from Belarus

The interim review was initiated on 8 December 2000, following a request lodged by
Khimvolokno,  an  exporting  producer  of  PSF  that  took  part  in  the  original
investigation. Definitive duties were initially imposed on 30 July 1996.

The request was based on the grounds that the circumstances on the basis of which
the measures were established had changed and that these changes were of a lasting
nature.  The  applicant  alleged,  inter  alia,  that  the  domestic  prices  in  the  analogue
country  Taiwan  which  were  used  to  determine  the  normal  value  in  the  previous
investigations  had  decreased  significantly  and  substantially  more  than  the  export
prices  from  Belarus to the Community  resulting in a much  lower  dumping  margin.
The  review  was  limited  in  scope  to  the  examination  of  dumping  as  far  as  the
applicant is concerned.

7.3.2.

Interim  reviews  concluded  with  confirmation/amendment  of  duty  (in  chronological
order)

7.3.2.1. Television camera systems from Japan

Definitive  anti-dumping  duties  were  initially  imposed  on  30  April  1994.  The
definitive  anti-dumping  duties  were  confirmed  further  to  an  expiry  review  on  29
September 2000. The Council exempted from the application of the duty professional
camera systems, which are listed in the Annex to the Regulations imposing definitive
measures.

Between  November  1998  and  May  1999  five  Japanese  exporting  producers  of
television and professional  camera  systems  requested  that  certain  successor  models
of professional camera systems should be exempted from the duty in force.

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The  Commission  examined  the  requests  and  on  27  January  2000,  the  Council
concluded  that  the  models  under  consideration  were  professional  camera  systems
which should be excluded from the scope of the duty.

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

The  interim  review  was  initiated  on  20  March  1999,  following  a  request  from
Russian exporters and was limited in scope to the examination of the acceptability of
an undertaking. Definitive measures were initially imposed in November 1997.

At  the  time  of  the  imposition  of  the  definitive  measures  against  imports  of  the
product in question originating in different eastern Europe countries, most exporters
in  these  countries  had  offered  undertakings  which  had  been  accepted  by  the
Commission.

In the case of Russia, the Commission had not accepted the offer as it did not contain
the  necessary  guarantees  on  the  part  of  the  Russian  authorities  to  allow  adequate
monitoring.

The  Russian  authorities  having  subsequently  provided  new  guarantees,  the  new
investigation revealed that the undertaking which was offered jointly by the Russian
authorities and the Russian exporters concerned was modelled on those offered and
accepted  in  the  original  investigation  and  that  the  Russian  Ministry  of  Trade
guaranteed to supervise and monitor the undertaking.

Having  carefully examined the situation, the Commission  accepted  the  undertaking
and  on  28  January  2000,  the  Council  amended  the  existing  measures  in  order  to
allow the adequate functioning of the measures.

7.3.2.3. Potassium chloride from Belarus, Russia and Ukraine

The  interim  review  was  initiated  by  the  Commission  on  its  own  initiative  on  23
March 1999. Definitive measures were initially imposed in March 1994.

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 combination of an expiry review and an interim review, the
latter  having  to  examine  whether  the  form  and  level  of  the  measures  should  be
modified.

The conclusions of the investigation are set out under point 7.2.2.2.

In view of the findings, the Council amended the existing measures on 11 May 2000.

7.3.2.4. Tube and pipe fittings of iron or steel from Thailand

The interim review was initiated on 22 July 1999, following a request made by BKL
Fittings Ltd, a UK importer, and by its related Thai supplier, Thai Benkan Co. Ltd.
Definitive measures were initially imposed in April 1996.

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The investigation found dumping to have stopped for a number of reasons, including
a  fall  in  normal  values  and  an  increase  in  export  prices.  These  changes  were
considered to be of a lasting nature. This is particularly the case in respect of the re-
calculation of the export price using actual data and, to a degree, to the fall in normal
value.

In view of the findings, the Council concluded on 21 July 2000 that the measures for
two companies should be repealed. However, since the repeal of the measures does
not concern Thailand as a whole, the exporter Thai Benkan Co. Ltd. remains subject
to the proceeding and may be re-investigated in any subsequent review.

7.3.2.5. Ethanolamines from the USA

The interim review was initiated on 2 February 1999, following a request lodged by
the  European  Chemical  Industry  Council  (CEFIC)  on  behalf  of  the  Community
industry. Definitive measures were initially imposed in February 1994.

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 combination of an expiry review and an interim review, the
latter  having  to  examine  whether  the  form  and  level  of  the  measures  should  be
modified.

The conclusions of the investigation are set out under point 7.2.2.5.

In view of the findings, the Council amended the existing measures on 25 July 2000.

7.3.2.6. Polyester textured filament yarn from Malaysia

The  interim  review  was  initiated  on  30  July  1999,  following  a  request  by  Hualon
Corporation (M) Sdn.Bhd., a Malaysian exporting producer. The request was limited
in  scope  to  the  examination  of  dumping  as  far  as  the  applicant  was  concerned.
Definitive duties were initially imposed in June 1997.

The  investigation  found  that  dumping  during  the  investigation  period  had  been
reduced to  3,2%  due to a  fall in the normal  value  and  an increase in export  prices.
These changes were considered to be of a lasting nature.

In the light of the foregoing, the Council amended on 22 September 2000 the existing
measures by reducing the duty in force for Hualon Corporation to 3,2%.

7.3.2.7. Polyester textured filament yarn from Taiwan

The  interim  review  was  initiated  on  21  May  1999,  following  a  request  by  LeaLea
Enterprise  Co.  Ltd.,  a  Taiwanese  exporting  producer.  The  request  was  limited  in
scope  to  the  examination  of  dumping  as  far  as  the  applicant  was  concerned.
Definitive measures were initially imposed in June 1996.

The  investigation  found  that  dumping  during  the  investigation  period  had  been
reduced  to  a  de  minimis  level  due  to  a  fall  in  the  normal  value  and  an  increase  in
export  prices.  These  changes  were  considered  to  be  of  a  lasting  nature.  This  was

93

particularly the case in respect of the reduction in  the  normal  value,  triggered  by  a
better production efficiency that led to a lasting drop in production costs.

In  view  of  the  findings,  the  Council  concluded  on  26  September  2000  that  the
measures for LeaLea should be repealed. However, since the repeal of the measures
does  not  concern  Taiwan  as  a  whole,  the  exporter  LeaLea  remains  subject  to  the
proceeding and may be re-investigated in any subsequent review.

7.3.2.8. Fluorspar from the People's Republic of China

The  interim  review  was  initiated  on  4  March  1999,  following  a  request  lodged  by
Eurométaux on behalf of the Community industry. Definitive measures were initially
imposed in March 1994.

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 combination of an expiry review and an interim review, the
latter  having  to  examine  whether  the  form  and  level  of  the  measures  should  be
modified.

The conclusions of the investigation are set out under point 7.2.2.6.

In view of the findings, the Council amended the existing measures on 26 September
2000.

7.3.2.9. Microwave ovens from the Republic of Korea

The interim review was initiated on 15 June 1999, following a request by a Korean
exporter,  LG  Electronics  Inc.  Definitive  duties  were  initially  imposed  in  January
1996. The request was limited in scope to an examination of whether the continued
imposition of the duty (at its current level) was necessary.

Following publication of the notice of initiation, a second Korean company, Daewoo
Electronics  Co.  Ltd,  made  a  satisfactory  request  to  be  admitted  to  the  review
proceeding.

In  view  of  the  findings,  the  Council  concluded  on  29  September  2000  that  the
measures for the two companies should be repealed. However, since the repeal of the
measures does not concern Korea as a whole, the two exporters remain subject to the
proceeding and may be re-investigated in any subsequent review.

7.3.2.10.Stainless steel fasteners and parts thereof from the People's Republic of China

The interim review was initiated on 12 January 2000, following a request lodged by
the  Chinese  producer  Bulten  Fasteners  (China)  Co  Ltd.  At  the  same  time,  a  new
exporter  review  was  initiated.  Definitive  anti-dumping  measures  were  initially
imposed in February 1998.

The investigation confirmed the "new exporter" and the "market economy" status of
the company concerned.

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In view of these findings, the Council amended on 24 November  2000 the  existing
measures by reducing the anti-dumping duty imposed on this Chinese exporter from
74,7% to 18,5%.

7.3.2.11.Television camera systems from Japan

Definitive  anti-dumping  duties  were  initially  imposed  on  30  April  1994.  The
definitive  anti-dumping  duties  were  confirmed  further  to  an  expiry  review  on  29
September 2000. The Council exempted from the application of the duty professional
camera systems.

In  December  1999,  Matsushita,  a  Japanese  exporting  producer  of  television  and
professional  camera  systems,  requested  to  exempt  certain  successor  models  of
professional camera systems already exempted.

The  Commission  examined  the  request  and  on  8  December  2000,  the  Council
concluded  that  the  models  under  consideration  were  professional  camera  systems
which should be excluded from the scope of the duty.

7.3.2.12.Unwrought unalloyed magnesium from the People's Republic of China

The interim review was initiated on 8 February 2000, following a request lodged by
two Italian importers, Pro.cat Scarl and De Stefani Luigi. Definitive measures were
initially imposed in November 1998.

The investigation showed that there  was  another set  of alloys  meeting  international
standards which had not been known at the time of the original proceedings. It was
therefore decided to exclude this further category of alloys.

On 21 December 2000, the Council amended the existing measures accordingly.

7.3.3.

Interim reviews concluded by termination (in chronological order)

7.3.3.1. Lighters (non-refillable) from Japan

The  interim  review  was  initiated  on  30  November  1996.  An  expiry  review  was
opened  at  the  same  time.  Definitive  measures  were  initially  imposed  in  November
1991.

The conclusions of the investigation are set out under point 7.2.3.1.

In  view  of  the  findings,  the  Council  repealed  the  anti-dumping  measures  on  27
January 2000.

7.3.3.2. Large aluminium electrolytic capacitors (LAECs) from Japan

The  interim  review  was  initiated  on  3  December  1997  on  the  Commission's  own
initiative,  in  order  to  consider  the  impact  of  changed  circumstances  in  relation  to
technical developments for the product as well as market conditions on dumping and
injury.  At  the  same  time,  the  Commission  initiated  an  expiry  review,  following  a
request  by  the  Federation  for  Appropriate  Remedial  Anti-Dumping  (FARAD).
Definitive measures were initially imposed in December 1992.

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The conclusions of the investigation are set out under point 7.2.3.2.

In  view  of  the  findings,  the  Council  repealed  the  anti-dumping  measures  on  27
January 2001.

7.3.3.3. Large  aluminium  electrolytic  capacitors  (LAECs)  from  the  Republic  of  Korea  and

Taiwan

The interim review was initiated on 7 April 1998 on the Commission's own initiative,
in order to allow the Commission to form a better overall view of the impact on the
Community  industry  of  the  imports  originating  from  the  main  exporting  countries,
including  Japan,  the  USA  and  Thailand  which  were  also  being  investigated.  The
investigations  were  conducted  simultaneously.  Definitive  measures  were  initially
imposed in June 1994.

Since  the  conclusions  of  the  investigation  regarding  the  Republic  of  Korea  and
Taiwan were the same as those of the investigation regarding the USA and Thailand,
and  given  the  absence  of  measures  on  the  USA  and  Thailand,  the  imposition  of
measures  on  imports  originating  in  the  Republic  of  Korea  and  Taiwan  would  be
discriminatory and thus contrary to Article 9(5) of the basic Regulation.

In these circumstances, the Council terminated the investigation on 27 January 2000.

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

Three anti-dumping proceedings were initiated  concerning imports  of frames, forks
and  complete  wheels of  bicycles  originating, inter  alia, in  the People's Republic of
China on 5 November 1999. At the same time, the Commission opened on its own
initiative  an  interim  review  because,  in  the  event  of  measures  being  imposed  on
bicycle frames, forks and complete wheels, the continued extension of the measures
imposed  on  the  above  mentioned  bicycle  parts  would  no  longer  be  appropriate.
Definitive measures on bicycle parts were initially imposed in January 1997.

On  24  January  2000,  the  complainant  formally  withdrew  its  complaints.  The
Commission considered that  termination of  the  proceedings  would  therefore  not  be
against the interest of the Community.

In  these  circumstances,  the  Commission  decided  on  2  May  2000  to  terminate  the
interim review. Regulations (EEC) No 2474/93 and No (EC) 71/97 remain in force.

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

The interim review was initiated on 26 June 1999, following a request submitted by
CIS  Technology  Inc.,  a  Taiwanese  exporting  producer  which  declared  that  it
produced  and  sold  for  export  to  the  Community  the  product  concerned.  Definitive
measures were initially imposed in October 1993.

In January 2000, the applicant informed the Commission of its decision to withdraw
the request for a review.

In  these  circumstances,  the  Commission  decided  on  27  May  2000  to  terminate  the
interim review.

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7.3.3.6. Stainless steel bars (AS) from India

The interim review was initiated on 26 January 2000, following a request from one
of  the  exporters  who  co-operated  in  the  original  investigation.  Definitive  measures
were initially imposed in November 1998.

In May 2000, the applicant informed the Commission of its decision to withdraw the
request for a review.

In these circumstances,  the  Commission  decided  on  7  December  2000  to  terminate
the interim review.

7.4.

New exporter reviews

As  far  as  the  anti-dumping  measures  are  concerned,  Article  11(4)  of  the  basic
Regulation  allows  for  a  review  ("newcomer"  review)  to  be  carried  out  in  order  to
determine individual margins of dumping for new exporters located 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 started to export 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.

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)
of  the  basic  Regulation  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.

As  far  as  anti-subsidy  measures  are  concerned,  Article  20  of  the  basic  Regulation
allows  for  a  review  ("accelerated"  review)  to  be  carried  out  in  order  to  establish
promptly an individual countervailing duty. Any exporter whose exports are subject
to a definitive countervailing duty but who was not individually investigated during
the  original  investigation  for  reasons  other  than  a  refusal  to  co-operate  with  the
Commission can request such review.

An  overview  of  the  anti-dumping  newcomer  reviews  can  be  found  in  Annex  I.
Annex L lists the accelerated reviews. This section of the report gives a summary of
each of these cases.

In 2000, 3 new exporter reviews and 3 accelerated reviews were initiated. Since the
Commission  carried  out  the  first  reviews  of  this  type  in  1990,  a  total  of  32
investigations have been initiated.

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7.4.1. New exporter reviews initiated (in chronological order)

7.4.1.1. Stainless steel fasteners and parts thereof from the People's Republic of China

The  new  exporter  review  was  initiated  on  12  January  2000,  following  a  request
lodged by the Chinese producer Bulten Fasteners (China) Co Ltd. At the same time,
an  interim  review  was  initiated.  Definitive  anti-dumping  measures  were  initially
imposed in February 1998. (See also point 7.3.1.1.)

7.4.1.2. Stainless steel wire (= or > 1 mm diameter) from India (AS)

The  accelerated  review  investigation  was  initiated  on  3  March  2000,  following  a
request lodged by two Indian exporters, Capico Trading Pvt. Ltd. and Atlas Stainless
Corporation Ltd.. Definitive duties were initially imposed in July 1999.

The  applicants  alleged  that  they  did  not  export  the  product  concerned  to  the
Community  during  the  investigation  period.  They  further  alleged  that  they  began
exporting the product concerned to the Community after the end of the investigation
period, or intended to do so, and that they were not related to any other exporters of
the product in India.

7.4.1.3. Stainless steel bars from India (AS)

The  accelerated  review  investigation  was  initiated  on  3  March  2000,  following  a
request  lodged  by  the  Indian  exporter,  Capico  Trading  Pvt.  Ltd.  Definitive  duties
were initially imposed in November 1998.

The applicant alleged that it did not export the product concerned to the Community
during  the  investigation  period.  It  further  alleged  that  it  had  begun  exporting  the
product  concerned  to  the  Community  after  the  end  of  the  investigation  period,  or
intended to do so, and that it was not related to any other exporters of the product in
India.

7.4.1.4. Sacks and bags of polyethylene or polypropylene from India

The new exporter review was initiated on 24 March 2000, following a request lodged
by  the  Indian  producer,  Subham  Polymers  Ltd.  Definitive  measures  were  initially
imposed in October 1997.

This  request  was  based  on  the  grounds  that  this  company  had  not  exported  the
product  concerned  to  the  Community  during  the  investigation  period,  that  it  had
begun  exporting  the  product  concerned  to  the  Community  after  the  end  of  the
investigation period and that it was not related to any of the exporting producers of
the product concerned which are subject to the anti-dumping measures.

7.4.1.5. Flat rolled products of iron or non-alloy steel (hot rolled coils) from India (AS)

The  accelerated  review  investigation  was  initiated  on  14  July  2000,  following  a
request lodged by two Indian exporters, Ispat Industries Ltd. and Jindal Vijayanagar
Steel Ltd. Definitive duties were initially imposed in February 2000.

The companies concerned claimed that they were not related to any other exporter of
the  product  concerned  in  India.  Furthermore,  they  claimed  that  they  did  not  export

98

the product concerned during the original investigation period but had  exported the
product concerned to the Community since then.

7.4.1.6. Flat rolled products of iron or non-alloy steel (hot rolled coils) from India

The  new  exporter  review  was  initiated  on  6  October  2000,  following  a  request  by
Ispat Industries, India. Definitive duties were initially imposed in February 2000.

The  request  was  based  on  the  grounds  that  the  applicant  only  begun  exporting  the
product  concerned  to  the  Community  after  the  end  of  the  original  investigation
period, and  that it was not related to any of the  exporting  producers  of  the  product
concerned which were subject to the anti-dumping measures for imports of hot-rolled
coils from India.

7.4.2. New  exporter  reviews  concluded  with 

imposition/amendment  of  duty 

(in

chronological order)

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

The  newcomer  review  investigation  was  initiated  on  23  January  1999,  following
applications  lodged  by  five  Chinese  exporters.  Definitive  measures  were  initially
imposed in August 1997.

The  investigation  showed  that  the  five  applications  were  inadmissible  and  that
therefore it was not necessary to establish export prices, normal values and dumping
margins in respect of the applicants.

Consequently, on 27 January 2000, the Council decided to re-introduce the country-
wide  ad  valorem  duty  of  38%  applicable  to  imports  of  Chinese  leather  handbags
retroactively from the date of initiation of the investigation.

7.4.2.2. Cotton-type bed linen from Egypt, India and Pakistan

Definitive  measures  were  initially  imposed  in  December  1997.  The  new  exporter
investigation  was  conducted  and  concluded  under  the  specific  provisions  of  the
regulation imposing the original measures.

At  the  time, due  to the  large number  of  exporting producers in  these  countries,  the
investigation  of  dumping  was  based  on  samples  of  exporting  producers.  An
individual  duty  rate  was  finally  imposed  to  each  one  of  the  sampled  exporting
producers.  An  average  duty  rate  was  imposed  to  all  other  co-operating  exporting
producers not included in the sample of their  country. The  regulation provided  that
the  average  duty  rate  by  country  should  also  be  imposed  to  any  new  exporting
producer which would satisfy the new exporters criteria.

The  Commission  received  requests  from  three  new  Indian  exporting  producers.
Following an examination of these requests, the Council amended on 16 March 2000
Regulation  (EC)  No  2398/97  in  order  to  make  exports  of  these  Indian  exporting
producers subject to the average duty of 11,6%.

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7.4.2.3. Bicycles from Taiwan

Definitive  measures  were  initially  imposed  in  February  1999.  The  new  exporter
investigation  was  conducted  and  concluded  under  the  specific  provisions  of  the
regulation imposing the original measures.

At  that  time,  due  to  the  large  number  of  exporting  producers  in  Taiwan,  the
investigation  of  dumping  was  based  on  a  sample  of  exporting  producers.  An
individual  duty  rate  was  finally  imposed  to  each  one  of  the  sampled  exporting
producers.  An  average  duty  rate  was  imposed  to  all  other  co-operating  exporting
producers not included in the sample. The regulation provided that the average duty
rate should also be imposed to any new exporting producer which would satisfy the
new exporters criteria.

The  Commission  received  requests  from  four  new  Taiwanese  exporting  producers.
Following an examination of these requests, the Council amended on 26 May  2000
Regulation (EC) No 397/1999 in order to make exports of these Taiwanese exporting
producers subject to the average duty of 5,4%.

7.4.2.4. Flat pallets of wood from Poland

Definitive  measures  were  initially  imposed  in  November  1997.  The  new  exporter
investigation  was  conducted  and  concluded  under  the  specific  provisions  of  the
regulation imposing the original measures.

At  the  time,  due  to  the  large  number  of  exporting  producers  in  Poland,  the
investigation  of  dumping  was  based  on  a  sample  of  exporting  producers.  An
individual  duty  rate  was  finally  imposed  to  each  one  of  the  sampled  exporting
producers.  An  average  duty  rate  was  imposed  to  all  other  co-operating  exporting
producers not included in the sample. The regulation provided that the average duty
rate should also be imposed to any new exporting producer which would satisfy the
new exporters criteria.

The  Commission  received  requests  from  eight  new  Polish  exporting  producers.
Following an examination of  these  requests, the Council amended on  14 July  2000
Regulation  (EC)  No  2334/97  in  order  to  make  exports  of  these  Polish  exporting
producers  subject  to  the  average  duty  of  6,3%.  The  Commission  also  accepted
undertakings  from  six  of  these  eight  exporting  producers  in  respect  of  a  specific
pallet type, the EUR-pallet.

7.4.2.5. Stainless steel fasteners and parts thereof from the People's Republic of China

The  new  exporter  review  was  initiated  on  12  January  2000,  following  a  request
lodged by the Chinese producer Bulten Fasteners (China) Co Ltd. At the same time,
an  interim  review  was  opened.  Definitive  measures  were  initially  imposed  by  the
Council in February 1998.

The investigation confirmed the "new exporter" and the "market economy" status of
the  company concerned.  On  24  November  2000,  the  Council  amended  the  existing
measures by reducing the anti-dumping duty imposed on this Chinese exporter from
74,7% to 18,5%.

100

7.4.2.6. Salmon from Norway

Definitive  measures  were  initially  imposed  in  September  1997.  The  new  exporter
investigation  was  conducted  and  concluded  under  the  specific  provisions  of  the
regulation imposing the original measures.

Two Norwegian companies made themselves known to the Commission, claiming to
be  new  exporters  and  requested  that  the  exemption  of  duties  be  extended  to  them.
They demonstrated that they did not export the product concerned to the Community
during the investigation period and showed that they were not related to any of the
companies in Norway which are subject to the measures.

The companies offered undertakings, by  which they both agreed to sell the product
concerned at or above price levels which eliminate the injurious effects of dumping
and subsidisation. They will also provide the Commission with regular and detailed
information  concerning  their  exports  to  the  Community,  meaning  that  the
undertakings can be monitored effectively.

The  undertakings  have  therefore  been  considered  acceptable  and  the  annex,  which
lists the companies from which undertakings are accepted, was amended accordingly
on 30 November 2000.

7.4.2.7. Sacks and bags of polyethylene or polypropylene from India

The new exporter review was initiated on 24 March 2000, following a request lodged
by  the  Indian  producer,  Subham  Polymers  Ltd.  Definitive  anti-dumping  measures
were initially imposed in October 1997.

The  investigation  showed  that  the  exporting  producer's  sales  to  the  Community
consisted  of  a  single  shipment  and  did  not  permit  a  meaningful  assessment  of  the
situation of dumping as regards this exporting producer. Moreover, the company did
not supply a satisfactory questionnaire reply.

On  15  December  2000,  the  Council  therefore  concluded  that  the  weighted  average
duty  of  the  Indian  companies  investigated  during  the  original  anti-dumping
investigation,  i.e.  10,5%,  would  constitute  the  most  appropriate  anti-dumping  duty
for the company concerned.

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 leading to sufficient movement in resale prices, is included
in Article 12 and Article 19(3) of basic Regulations.

In 2000, 1 new investigation was initiated.

An  overview  of  such  investigations  can  be  found  in  Annex  J.  This  section  of  the
report gives a summary of each of the cases.

101

7.5.1.

Anti-absorption investigations initiated (in chronological order)

7.5.1.1. Polypropylene binder or baler twine from Poland

The investigation was initiated on 9 August 2000, following a request lodged by the
Liaison  Committee  of  EU  Twine,  Cordage  &  Netting  Industries  (EUROCORD)  on
behalf of the Community industry. Definitive duties were initially imposed in March
1999.

The request was based on the grounds that the duties imposed had allegedly not led
to any movement or sufficient movement in resale prices or subsequent selling prices
in the Community. The evidence contained in the request showed that export prices
and resale prices in the Community of the product concerned had fallen significantly
since the imposition of the anti-dumping measures.

7.5.2.

Anti-absorption  investigations  concluded  with  increase  of  duty  (in  chronological
order)

7.5.2.1. Glyphosate from the People's Republic of China

The  investigation  was  initiated  on  6  August  1998,  following  a  request  made  on
behalf of Community producers whose collective output of glyphosate constituted a
major  proportion  of  the  total  Community  production.  Definitive  measures  were
initially imposed in February 1998.

The  investigation  showed  that  there  was  a  direct  fall  in  export  prices  which  was
considered  the  reason  for  the  lack  of  movement  in  resale  prices  and  subsequent
selling prices in the Community following the imposition of measures and, therefore,
the absorption of measures was reflected in the fall in export prices.

Accordingly,  on  25  May  2000,  the  Council  amended  the  regulation  imposing  the
definitive measures.

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

The  investigation  was  initiated  on  19  January  1999,  following  a  request  lodged  by
Koloman Handler  AG  and  Robert  Krause Ringbuchtechnik GmbH.  Definitive  anti-
dumping measures were initially imposed in January 1997.

The investigation showed that resale prices failed to adequately reflect the cost of the
anti-dumping  duty  and  that  the  measures  imposed  have  been  to  a  large  extent
absorbed.

Accordingly, on 5 October  2000,  the Council  amended the regulation imposing the
definitive measures.

7.5.2.3. Unwrought unalloyed magnesium from the People's Republic of China

The investigation was initiated on 4 September 1999, following a request lodged by
the  Comité  de  Liaison  des  Industries  de  Ferro-Alliages  (Euro  Alliages).  Definitive
measures were initially imposed in November 1998.

102

The  investigation  showed  that  the  resale  prices  of  Chinese  magnesium  in  the
Community have slightly decreased whilst they should have gone up by the amount
of the duties charged. There was no satisfactory explanation given for the absence of
a  price  increase  following  adoption  of  the  measures.  Clear  evidence  of  full
absorption was therefore established.

The investigation also showed that the form of the measures imposed following the
original investigation was effective and still appeared to be appropriate, as absorption
was  only  established  in  respect  of  the  ad  valorem  duty  but  not  the  variable  duty.
Therefore the form of the measures did not need to be modified.

Accordingly, on 20 October 2000, the Council amended the regulation imposing the
definitive  duties  by  increasing  the  level  of  the  ad  valorem  duty  to  63,4%,  while
maintaining the minimum import price at its former level.

7.5.3.

Anti-absorption  investigations  concluded  without  increase  of  duty/termination  (in
chronological order)

7.5.3.1. Stainless steel fasteners and parts thereof from Malaysia and Thailand

The  investigation  was  initiated  on  6  May  1999,  following  a  request  lodged  by  the
European Industrial Fasteners Institute. Definitive measures were initially imposed in
February 1998.

The request contained prima facie information showing that the duties imposed had
led to no movement, or insufficient movement in resale prices or subsequent selling
prices  in  the  Community,  and  that  this  indicated  that  the  duties  had  been  borne,
wholly or partly, by the respective producers/exporters.

In January 2000, the applicant formally withdrew its request.

In these circumstances, the investigation was terminated on 29 April 2000.

7.6.

Circumvention investigations

The possibility of investigations being re-opened in circumstances where evidence is
brought to show that measures are being circumvented was introduced by Article 13
and Article 23 of the basic Regulations.

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.
The duties may be extended to imports from third countries of like products, or parts
thereof, if circumvention is taking place.

An overview of such investigations are given in Annex K. This section of the report
gives a summary of each of these cases.

103

7.6.1.

Anti-circumvention investigations initiated (in chronological order)

In 2000, the Commission did not initiate any anti-circumvention investigations.

7.6.2.

Anti-circumvention investigations concluded with extension of duty (in chronological
order)

7.6.2.1. Tube and pipe fittings, of iron or steel from the People's Republic of China

The  anti-circumvention  investigation  was  initiated  on  30  July  1999,  following  a
request  lodged  by  the  Defence  Committee  of  the  Community  steel  butt-welding
fittings industry. Definitive measures were initially imposed in April 1996.

During the course of the investigation, 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.  There  was  also  evidence  that  the  remedial  effects  of  the  duty  were
being undermined in terms of prices and quantities and of dumping in relation to the
normal values previously established.

The  duties  imposed  on  imports  of  certain  tube  and  pipe  fittings,  of  iron  or  steel,
originating in the People's Republic of China were therefore extended by the Council
to  imports  of  the  same  product  consigned  from  Taiwan,  whether  declared  as
originating  in  Taiwan  or  not.  No  measures  were  extended  in  respect  of  products
manufactured by three Taiwanese companies which proved not to be circumventing
the measures in place.

On  20  October  2000,  the  Council  amended  the  regulation  imposing  the  definitive
measures in order to make the exemption applicable to products manufactured by the
three  co-operating  Taiwanese  producers,  irrespective  of  the  identity  of  the  operator
responsible for exporting the goods to the Community.

7.6.3.

Anti-circumvention  investigations  concluded  without  extension  of  duty/termination
(in chronological order)

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

The  anti-circumvention  investigation  was  initiated  on  28  July  1999,  following  a
request lodged by the Committee of European Diskette Manufacturers (Diskma) on
behalf  of  the  Community  industry.  Definitive  measures  were  initially  imposed  in
October 1993.

The request was based on the allegation that the anti-dumping duties on imports of
3,5”  microdisks  originating  in  Taiwan  and  the  People’s  Republic  of  China  were
being  circumvented  by  imports  of  microdisk  parts  from  these  countries  used  in
assembly operations in the Community.

104

No  evidence  of  circumvention  was  found  concerning  imports  of  parts  from  the
People’s  Republic  of  China.  As  for  Taiwan,  the  investigation  showed  that  no
circumvention  had  occurred  since,  in  accordance  with  Article  13(2)b)  of  the  basic
Regulation,  the  percentage  of  value  added  to  the  parts  brought  in,  during  the
assembly  operation  in  the  Community,  was  greater  than  25%  of  the  manufacturing
cost.

In  these  circumstances,  the  Commission  terminated  the  investigation  on  18  April
2000.

8.

MONITORING OF UNDERTAKINGS

Undertakings  are  a  form  of  anti-dumping  or  countervailing  measures.  They  are
accepted by the Commission 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  necessary  price  increase  stems  from  the
findings  of  the  investigation  and  directly  depends  on  the  level  of  dumping  or
subsidisation found, or on the injury elimination level, whichever is the lower.

In order that the Commission can monitor whether or not the undertakings are being
respected, the parties concerned 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  2000,  there  were  undertakings  in  force  accepted  from  234
companies, covering 14 products originating in 18 different countries.

During 2000, definitive anti-dumping and/or countervailing duties were imposed on
2 companies following breaches of their undertakings. Both of these cases related to
imports of farmed Atlantic salmon originating in Norway. In addition, 4 companies
voluntarily withdrew their undertakings (flat pallets of wood originating in Poland –
2  companies;  polypropylene  binder  or  baler  twine  originating  in  Poland  –  1
company; farmed Atlantic salmon originating in Norway –  1  company).  In  view of
the  findings  of  a  review  investigation,  the  undertaking  of  1  other  company  was  no
longer  considered  necessary  (tube  and  pipe  fittings  of  iron  or  steel  originating  in
Thailand).

Price undertakings were also  accepted  from a further  25  companies in 5  new  cases
(flat  rolled  products  of  iron  or  non-alloy  steel  originating  in  Bulgaria,  India  and
South Africa -  5  companies;  malleable  cast  iron  tube  or  pipe  fittings  originating  in
the  Republic  of  Korea,  Thailand  and  Czech  Republic  –  3  companies;  urea
ammonium  nitrate  originating  in  Algeria  –  1  company;  hot-rolled  flat  products  of
non-alloy steel originating in India and Romania – 12 companies; seamless pipes and
tubes  of  iron  or  non-alloy  steel  originating  in  Croatia  and  Ukraine  –  4  companies)
and from 16 new exporters in existing cases (farmed Atlantic salmon originating in
Norway - 7  companies; wooden pallets from Poland - 6 companies;  seamless  pipes
and tubes of iron or non-alloy steel originating in Russia – 3 companies).

105

This  brings  the  total  number  of  undertakings  in  force  at  the  end  of  2000  to  266.
Details  concerning  the  above  can  be  found  in  Annex  M  and  an  overview  of  all
undertakings in force can be found in Annex P.

Apart  from  the  significant  increase  in  the  number  of  undertakings  that  have  been
accepted in 2000, they have tended to be more complex in nature than before,  with
greater numbers of product models, types or grades. The Commission has, however,
continued to allocate additional resources to the monitoring of undertakings.

As  undertakings  have  to  provide  the  same  remedial  effect  as  the  alternative  duties
would do, the examination, adaptation, and drafting of undertaking offers has to be
based on a double assessment of risk and effectiveness. This has led to situations in
which undertakings were not considered to be acceptable, notably where an exporter
did not provide sufficient co-operation and accurate data during an investigation, or
where  the  trading  patterns  of  the  company  allow  too  much  scope  for  cross-
compensation of products either subject to or not subject to the undertaking, if sold to
the same customer in the Community.

Once undertakings were accepted, continued contacts with the Community industry
remained essential in order that the necessary feedback was received on the effects of
the  undertakings  on  the  market.  In  this  way,  the  Commission  could  focus  its
monitoring activities more effectively.

9.

REFUNDS

Article  11(8)  of  the  basic  anti-dumping  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 deal with a mixture of outstanding refund requests and
new  applications.  During  the  year  2000,  6  decisions  were  adopted  covering  24
different  applications.  Of  these  decisions,  1  granted  the  complete  refund  of  duties
paid, 3 granted partial refunds of duties paid and 2 decisions rejected applications as
the exporting producers concerned indicated that they would not co-operate with an
investigation.  The  admissibility  and  merits  of  a  further  11  refund  cases  were  also
under consideration as  the  year  closed.  One  new  refund  request  was  lodged  during
the year, with indications that others would follow shortly pursuant to the publication
of the results of certain ongoing investigations.

Further details can be found in Annex S.

106

10.

JUDICIAL  REVIEW  :  DECISIONS  BY  THE  COURT  OF  JUSTICE  /  COURT  OF  FIRST
INSTANCE

10.1. Overview of the judicial reviews in 2000

In 2000, nine Judgments related to anti-dumping were rendered by the Court of First
Instance (CFI) and one by the Court of Justice. Four other technical decisions were
taken by the CFI (orders on inadmissibility, no need to adjudicate, withdrawal by the
applicant)  without  any  consequences  on  the  substance  of  the  matter  or  the  policy
followed by the Institutions.

Four  of  the  Judgments  rendered  by  the  CFI  have  been  unfavourable  to  the
Institutions,  two  have  been  favourable  and  three  Judgments  declared  the  actions
inadmissible.

Seven new cases were lodged in 2000 (compared to 6 in 1999 and 12 in 1998), five
before the CFI and 2 appeals before the Court of Justice.

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 2000 is given in Annex T (11 before the CFI and 4 before
the Court of Justice). Among them, two concern anti-subsidy.

10.3.

New cases

Cases brought to the CFI in 2000 dealt in particular with the following items :

– 

– 

– 

– 

The allegedly illegal termination of an expiry review20

Failure  to  grant  a  complete  retroactive  effect  by  applying  the  non-
discrimination principle21

The allegedly illegal rejection by the Council of the Commission's proposal to
impose definitive anti-dumping duties22

The allegedly illegal countervailing of the tax credit for important enterprises
and the import duty exemption for raw materials in Taiwan23

20

21

22

23

T-82/00, Bic and others v. Council (OJ C 176, 24.6.2000, p. 24).
T-89/00, Europe Chemi-Con v. Council (OJ C 163, 10.6.2000, p. 32).
T-177/00, Philips v. Council (OJ C 273, 23.9.2000, p. 13).
T-226 & 227/00, Far Eastern Textiles Ltd. & Nan Ya Plastics Co. v. Council (OJ C 316, 4.11.2000, p.
33).

107

                                                
10.4.

THE MAIN JUDGMENTS RENDERED BY THE COURT OF FIRST INSTANCE

The following summaries focus on the most important points of the Judgments and
do not deal with all questions raised in the course of the different judicial reviews.

10.4.1. Unbleached cotton fabrics originating, inter alia, in the People's Republic of China

– 

Cases T-256/97 and T-96/98 - BEUC v. Commission : Judgment of 27 January
2000

In the above-mentioned proceeding, the Commission refused to recognise BEUC, an
international association which represents at Community level the national consumer
organisations  established  in  the  Member  States,  as  an  interested  party.  This  refusal
was  based  on  two  grounds.  Firstly,  Article  6(12)  of  the  WTO  Anti-dumping  Code
states  that  representative  consumer  organisations  can  have  opportunities  to  provide
information  on  dumping,  injury  and  causality  only  in  cases  where  the  product
concerned is commonly sold at  retail level. Secondly,  even though Article 21(2) of
the  basic  Regulation  allows  representative  consumer  organisations  to  participate  in
anti-dumping  proceedings,  here  the  consumers  are  not  users  of  the  like  product
(unbleached cotton fabric) which is not commonly sold at retail level.

BEUC  claimed  that,  the  provisions  of  the  basic  Regulation  make  no  distinction  in
respect of the nature or type of product which is the subject matter of the proceeding
and  added  that  the  recourse  to  the  WTO  Anti-dumping  Code  was  irrelevant.
Consequently, it submitted that consumer organisations have the right to participate
in anti-dumping investigations, irrespective the product concerned.

The  CFI  rejected  the  position  of  the  Commission  and  annulled  the  contested
decision.  In  order  to be  considered  an interesting party  for the  purposes of  an  anti-
dumping  proceeding,  it  was  necessary  to  prove  that  there  was  an  objective  link
between the party's activities, on the one hand, and the product under investigation,
on the other hand. The CFI concluded that the Commission did not have grounds to
automatically exclude consumer organisations from the circle of interested parties by
applying a general criterion such as the distinction between products sold at the retail
level and other products. It also stated that the standing of a party had to be assessed
on a case-by-case basis in the light of the particular circumstances of each case.

In  this  respect,  the  CFI  held  that  the  basic  Regulation  was  to  be  interpreted  in  the
light of  the WTO  Anti-dumping  Code,  however  the  basic  anti-dumping  Regulation
deliberately did not adopt the distinction  between products commonly sold  at  retail
level and other products.

Given  the  Judgment  in  case  T-256/97,  the  CFI  decided  that  there  was  no  need  to
adjudicate in T-96/98 (BEUC v. Commission).

108

10.4.2. Monosodium glutamate originating, inter alia, in the Republic of Korea

– 

Case T-51/96 - Miwon v. Council : Judgment of 30 March 2000

In  the  above-mentioned  proceeding,  the  Commission  had  accepted  an  undertaking
from the applicant, a Korean exporter producing monosodium glutamate (MSG), and
exempted  it  from  the  definitive  duties  on  MSG  from  Korea.  However,  the
Commission  subsequently  found  that  the  undertaking  had  been  violated  when
evidence  showed that  importers who had  purchased  MSG  from  the  applicant,  were
selling  at  a  loss  on  the  Community  market.  Consequently,  the  Council  imposed
definitive anti-dumping duties on MSG originating in Korea.

The  applicant  claimed  that  the  institutions  should  not  have  constructed  the  export
price on the basis of the resale price charged by some of the applicant's independent
importers  pursuant  to  Article  2(8)  of  the  basic  Regulation.  The  applicant  also
challenged the assessment of injury.

The  CFI  dismissed  the  action  in  its  entirety  and  stated  that  the  Institutions  have  a
certain latitude in deciding whether or not to apply Article 2(8). Furthermore, the CFI
held that the Institutions could construct the export prices not only where they obtain
actual evidence of the existence of a compensatory arrangement, but also where such
an  arrangement  appeared  to  exist  or  the  export  price  reported  appeared  to  be
unreliable.

In  the  present  case,  the  CFI  found  that  all  the  importers  who  had  purchased  MSG
from  the  applicant  resold  it  at  a  loss,  and  that  none  of  the  applicant's  explanations
could  justify  the  independent  importer's  pricing  behaviour.  Secondly,  none  of  the
alternative  explanations  put  forward  by  the  applicant  to  justify  the  independent
importer's pricing behaviour was convincing. Finally, documentary evidence showed
that the actual export prices for the transactions concerned were significantly lower
than those required by the undertaking.

Concerning  the  alleged  wrong  determination  of  injury,  the  CFI  considered  that  the
Institutions  had  considered  all  the  possible  factors  which  give  decisive  guidance
(volume  of  the  dumped  imports,  the  prices  of  the  dumped  imports  and  the
consequent impact on the industry concerned) and, that the Council did not commit a
manifest error of assessment in finding that imports by a Community producer from
a third country were not the cause of the injury suffered by the Community industry.

10.4.3. Unwrought, unalloyed zinc originating in Russia and Poland

– 

Case T-597/97 - Euromin S.A. v. Council - Judgment of 20 June 2000

In  this  case,  following  a  preliminary  objection  to  admissibility  of  the  defence,  the
CFI  dismissed  the  application  as  inadmissible  on  the  ground  that  the  applicant,  a
company  established  in  Geneva  (Switzerland),  was  not  able  to  show  direct  and
individual concern.

109

The CFI found that the dumping practices in the above-mentioned proceeding were
attributed  to  Polish  and  Russian  companies  and  not  to  the  applicant.  Secondly,  the
applicant was not involved in the investigation. Thirdly, neither the finding that the
dumping  was  taking  place,  nor  the  determination  of  the  dumping  margin,  nor  the
setting  of  the  rate  of  duty  imposed  was  based  on  data  pertaining  to  the  applicant's
business activities. Fourthly, the applicant had not even given a precise and detailed
description of the exact nature of its activities in relation to the product concerned. In
the  absence  of  evidence  of  other  special  circumstances,  the  mere  fact  that  the
applicant submitted observations on the Commission Regulation which were referred
to  in  the  Contested  Regulation  cannot  be  said  to  have  prompted  the  Community
Institutions  intervention  or  to  have  formed  any  part  of  the  raison  d'être  of  the
regulation itself.

10.4.4. Handbags originating in the People's Republic of China

– 

Case T-7/99 - Medici Grimm KG v. Council : Judgment of 29 June 2000

In  this  proceeding,  the  Chinese  exporters  which  had  not  participated  in  the
investigation  did  not  receive  individual  treatment  and  their  imports  of  leather
handbags  into  the  Community  were  thus  made  subject  to  a  residual  duty  of  38%.
Exceptionally,  given 
the  Commission
subsequently opened an interim review of the anti-dumping measures limited to the
issue of individual treatment of the said Chinese exporting producers. Moreover, and
without any precedent in the  Institution's practice, the identical investigation period
which had formed the basis for the imposition of the definitive duties was used in the
review.

level  of  non-co-operation, 

the  high 

The  review  concluded  that  no  dumping  existed  for  the  applicant  during  the
investigation period. Accordingly, it was entitled to an individual dumping margin of
0%.  Yet,  retroactive  effect  was  not  granted  on  the  grounds  that  reviews  can  only
have  a  prospective  effect  and  that  retroactivity  would  have  warranted  a  bonus  for
non-co-operation in the original investigation.

The  application  before  the  CFI  contested  the  decision  of  the  Council  to  refuse  to
grant  retroactive  reimbursement  of  the  anti-dumping  duties  paid  by  the  applicant
prior to the conclusion of the review.

The  Court  considered  that  the  Institutions  departed  from  the  rules  of  the  basic
Regulation governing interim reviews in the sense that changed circumstances were a
precondition  for  an  interim  review  to  be  initiated.  They  did  not  "review"  the
measures in force (there was no change in circumstances), but in fact re-opened the
original procedure.

Therefore, the CFI annulled Article 2 of the regulation concluding the review insofar
as the Council did not put up with all the consequences of the new findings relating
to the applicant's imports.

110

10.4.5. Bicycle parts originating in the People's Republic of China

– 

Case  T-74/97  and  T-75/97  -  Büchel  &  Co.  v.  Council  and  Commission  :
Judgment of 26 September 2000

In this case, following a preliminary objection to inadmissibility of the defence, the
CFI  dismissed  the  application  as  inadmissible  on  the  ground  that  the  applicant,  a
company  incorporated  under  German  law  which  specialised  in  the  production  and
trading  of  spare  parts  of  bicycles  and  which  also  imported  bicycle  parts  from  the
People's Republic of China, was not able to show individual concern.

10.4.6. Bicycle parts originating in the People's Republic of China

– 

Case T-80/97 - Starway v. Council : Judgment of 26 September 2000

Starway,  the  applicant,  was  an  assembler  of  bicycles  and  was  found  to  have
circumvented the definitive duties on bicycles  from the  People's Republic of  China
by importing certain bicycle parts from this country.

In  order  to  exempt  the  applicant  from  the  extension  of  duties  which  were  imposed
further to the anti-circumvention investigation, the Commission asked the  applicant
to  provide  certificates  of  origin  for  its  imports.  The  applicant  could  not  prove  that
any part consigned from China had an origin other than Chinese and, therefore, the
Commission  concluded  that  all  the  parts  which  it  imported  from  China  were  of
Chinese  origin.  The  applicant  contested  the  legality  of  the  request  for  such
certificates  and  subsequently  delivered  to  the  Commission  a  large  amount  of
documents  in  an  attempt  to  prove  the  non-Chinese  origin  of  the  products.  The
Commission refused to accept this evidence.

In its application, Starway claimed that the Council had infringed Article 13(2) of the
basic Regulation by requiring it to provide certificates of origin in order to prove that
it had not circumvented the original anti-dumping duty on bicycles from China.

The CFI accepted the claim of the applicant and annulled the contested regulation as
far as the applicant was concerned.

In  this  respect,  the  CFI  considered  that  the  Community  Institutions  were  not
prevented per se from asking importers to produce documentation in support of their
customs  declarations.  However,  the  Institutions  were  not  entitled  to  request
certificates of origin (to the exclusion of all other possible types of proof) when they
knew or ought to have known that this may be impossible for certain importers. Such
a  requirement  would  be  contrary  to  Article  13  and  the  principles  of  legal  certainty
and  respect  of  the  rights  of  the  defence,  in  so  far  as  it  made  it  impossible  to
demonstrate that a particular duty was not applicable.

111

10.4.7. Potassium chloride originating, inter alia, in Russia

– 

Case  T-87/98  -  International  Potash  Company  v.  Council  :  Judgment  of  29
September 2000

In this case, in view of the clear risk of  an increase in the dumping margin (due to
circumvention and potential compensatory arrangements), the Council amended the
form of an existing duty by a combination of a "fixed duty" (fixed amount in ECU
per tonne of potassium chloride per type and grade) and a "variable duty" (difference
between  the  minimum  price  in  ECU  and  the  net,  free-at-Community  frontier  price
per tonne of potassium chloride, before customs clearance), whichever was higher.

The  applicant  contested  the  legality  of  such  a  combination.  However,  the  CFI
dismissed the action in its entirety.

The applicant first alleged that wherever the fixed duty applied, the amount of duty
would always exceed the dumping margin of future export transactions.

The Court recalled  that the  dumping margin referred to in Article 9(4) of the basic
Regulation  is  the  margin  established  during  the  investigation  period  and  that  the
concept of "actual" dumping margins (for future transactions) are relevant only in the
context  of  review  and  refund  procedures  (respectively  Articles  11(3)  and  (8)).  The
CFI concluded that the applicant could not claim that the imposition of a fixed duty
in the contested regulation infringed Article 9(4) of the basic Regulation (paragraph
37 of the Judgment).

Secondly,  the  applicant  asserted  that  the  Council  breached  the  principle  of
proportionality  because  the  imposition  of  a  variable  duty  alone  would  have  been
sufficient to achieve the objectives of the basic Regulation.

The Court stated that, in the present case, it was precisely the fact that the variable
duty  had  been  circumvented  which  led  the  Community  Institutions  to  impose  a
combination of fixed and variable duties. Accordingly, the Court concluded that the
Council did not breach the principle of proportionality by imposing a fixed duty with
a view to preventing circumvention of the variable duty, even though it might have
had other ways of combating such circumvention.

10.4.8. Farmed Atlantic salmon originating in Norway

– 

Case  T-178/98  -  Fresh  Marine  Company  v.  Commission  :  Judgment  of  24
October 2000

In  this  case,  the  Commission  accepted  undertakings  offered  by  a  number  of
Norwegian  exporters,  including  the  applicant,  in  connection  with  the  anti-dumping
and  anti-subsidy  proceedings  concerning  imports  of  farmed  Atlantic  salmon
originating in Norway.

112

In  October  1997,  as  it  was  legally  obliged,  the  applicant  sent  the  Commission  a
report on all its exports of the product concerned to the Community during the third
quarter  of  1997.  The  Commission  considered  that  the  report  disclosed  that  the
applicant  had  exported  the  product  concerned  at  a  price  lower  than  the  minimum
average price set in its undertaking, which led it to believe that the applicant had not
respected that undertaking.

The  Commission  thus  decidedto  revoke  the  undertaking  and  to  promptly  impose  a
provisional duty on imports made by the applicant.

However,  following  an  investigation,  the  Commission  eventually  was  satisfied  that
the undertaking had not been violated by the applicant and reinstated it.

The applicant claimed that the Commission's decision to impose the provisional duty
was erroneous and sought compensation for damage.

The  CFI  awarded  damages  against  the  Commission  in  respect  of  loss  of  profits
caused  by  the  contested  Regulation  because  it  found  that  the  Commission  had
infringed the duty  to exercise ordinary  care  and  due  diligence.  However,  the  Court
found  that  the  applicant  had  also  behaved  negligently.  Consequently,  the  damages
awarded were reduced to 50%.

The Commission has appealed against this Judgment.

10.4.9. Unbleached cotton fabrics originating, inter alia, in the People's Republic of China

– 

Case T-213/97 - Eurocoton v. Council : Judgment of 29 November 2000

On  21  April  1997,  the  Commission  adopted  a  proposal  for  a  Council  Regulation
imposing  definitive  anti-dumping  duties  on  imports  of  unbleached  cotton  fabrics
from China, Egypt, Indonesia, Pakistan and Turkey and transmitted it to the Council.
The  Council  did  not  achieve  the  simple  majority  necessary  to  adopt  the
Commission's proposal. Consequently, the deadline of 15 months (Article 6(9) of the
basic Regulation) expired and no measures were imposed.

The  main  plea  advanced  by  the  applicant,  the  Community  industry,  was  that  the
Council  did  not  have  the  authority  to  reject  a  proposal  for  a  regulation  imposing
definitive anti-dumping duties put forward by the Commission. It also submitted that
the Council, by failing to adopt the Commission's proposal, had exercised its powers
in an arbitrary fashion.

The Council contested the admissibility of the application, firstly insofar as there was
no  decision  from  the  Council,  i.e.  no  reviewable  act  within  the  meaning  of  Article
173 of the EC Treaty (now Article 230). The CFI agreed and dismissed the action as
inadmissible.

113

In this  respect,  the  CFI  first  stated  that  the  complainant  did  not  have  a  right  to  the
adoption by the Council of a proposal for a regulation imposing definitive duties but
was only entitled to the specific procedural rights provided in the basic Regulation.
Secondly, for the CFI, the reference in the basic Regulation to the voting procedure
(simple  majority) implied necessarily that  the Commission's proposal would  not  be
adopted by the Council in the absence of this simple majority. Thirdly, the sole aim
of the 15 months deadline was to prevent over-long anti-dumping procedures and not
to force the Council to decide. Finally, the WTO Anti-dumping Agreement did not
oblige the competent authorities to impose duties, but only fixed strict conditions to
be met before imposing such duties.

Consequently, the Court concluded that the applicant could not rely on a right to the
adoption by the Council of the proposal for the imposition of definitive duties.

Having established the above, the Court considered that a vote which did not result in
the  majority  required  did  not  mean  a  decision  to  reject  but  meant  the  absence  of
decision.  Therefore,  in  the  present  case,  there  was  no  reviewable  act  within  the
meaning of Article 173 of the EC Treaty (now Article 230).

10.5.

Judgment rendered by the Court of Justice

10.5.1. Appeal against CFI Judgment of 15 October 1998 in case T-2/95

– 

Case C-458/98P - I.P.S. & Council : Judgment of 3 October 2000

Following the Judgment in 1992 in the Extramet case (C-358/89) by which the CFI
annulled a Council Regulation imposing a definitive anti-dumping duty on imports of
calcium  metal  originating  in  the  People's  Republic  of  China  and  Russia,  the  sole
Community  producer  requested  that  the  investigation  be  re-opened,  and  in  this
respect,  submitted  a  technical  memorandum  on  the  assessment  of  the  injury  to  the
Community  industry.  As  a  result  of  the  re-opening,  definitive  anti-dumping  duties
were imposed by the contested Regulation.

In  1995,  Industrie  de  Poudres  Sphériques  (IPS),  an  unrelated  importer  acting  as
successor  of  Extramet,  brought  an  action  before  the  CFI  seeking  annulment  of  the
contested Regulation. The CFI dismissed  IPS' application for annulment (Judgment
in T-2/95 of 15 October 1998).

Consequently,  IPS  brought  an  appeal  against  the  Judgment  of  the  CFI  on  two
grounds.

According  to  IPS,  the  CFI  infringed  Articles  174  and  176  of  the  EC  Treaty  (now
Articles  231  and  233)  in  holding  that  the  Commission  was  entitled  to  re-open  the
investigation on the basis of a different reference period but without initiating a new
anti-dumping proceeding.

The Court of Justice observed that the Institution or Institutions whose act has been
declared  void  were  required  to  take  necessary  measures  to  comply  with  the
Judgment.

114

In the Extramet case (C-358/89), the Regulation was annulled on the grounds that the
Community Institutions has not actually considered whether the Community industry
had  itself  contributed  to  the  injury.  The  Court  observed  that  this  annulment  was
therefore based on factors which arose in the course of the anti-dumping proceeding.
The  Court  concluded  that  the  Commission  could,  without  infringing  either  the
operative  part  or  the  grounds  of  the  Judgment,  look  in  more  detail  at  the  issue  of
determining  injury  in  the  course  of  the  anti-dumping  proceeding  which  was  still
open.

Indeed,  under  the  previous  basic  Regulation  (Regulation  No  2423/88),  the
Commission was not obliged to open an entirely new proceeding, which would have
necessitated the lodging of a new complaint on behalf of the Community industry. It
should  be  noted,  however,  that  under  the  new  basic  Regulation  (Regulation  No
384/96),  the  situation  is  quite  different  due  to  Article  6(9),  which  provides  that  a
proceeding must be concluded within a maximum of 15 months after initiation.

The appellant also claimed, in the same plea, that the change in the reference period
was contrary to  Article 7(1)(c) of  the  basic  Regulation  No  2423/88  in  force  at  that
time  and  which  provided  that  the  dumping  investigation  should  normally  cover  a
period of not less than six months immediately prior to the initiation of proceedings.

In this respect, the Court observed that the period provided for in Article 7(1) was a
guide rather than mandatory and the institutions had a wide discretion regarding the
determination of the period to be taken into account for the purposes of determining
injury in an anti-dumping proceeding. The Court, therefore,  concluded that the CFI
did not infringe Article 174 and 176 of the EC Treaty.

11.

ANTI-DUMPING  AND  ANTI-SUBSIDY 
CONCERNING IMPORTS FROM THE COMMUNITY AND/OR ITS MEMBER STATES

INVESTIGATIONS  OF  THIRD  COUNTRIES

At  the  beginning  of  2000,  17  countries  had  a  total  of  111  anti-dumping  and  anti-
subsidy  measures in force  against  imports  from  the  Community  and/or  its  Member
States. During 2000, a further 17 measures were imposed though 25 measures were
repealed. At the end of 2000, an additional 33 new investigations were in progress.

The  Commission’s  “pro-active”  approach  in  these  cases  has  led  to  increasing
intervention vis-à-vis the investigating authorities of the third countries concerned, as
well  as  in  the  WTO  context.  One  of  the  problems  identified  by  the  Commission’s
more  active  involvement  in  these  cases  is  that  many  Community  exporters  are  not
accustomed to being involved in these investigations and do not  always  understand
the  benefits of fully co-operating  with  the  investigating  authorities.  Any  significant
non-co-operation, of course, reduces the capacity of the Commission to intervene and
a  clear  need  was  identified  to  encourage  Community  exporters  to  co-operate  fully
with the investigating authority of the third country.

The  Commission  is  ready  to  assist  Member  States  and  companies,  which  are
involved, in  these  investigations.  Nevertheless,  it  is  the  companies  themselves  who
should take the primary role in defending their own interests by co-operating and, if
necessary, appointing legal representation.

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11.1.

Anti-dumping cases against the Community and/or its Member States

The table below provides a record of the anti-dumping action taken by third countries
against the Community and/or its Member States in 2000. It gives the position at the
beginning  of  the  year,  during  the  year,  and  at  the  end  of  the  year,  in  terms  of
measures in force and cases initiated. A more detailed picture is provided in Annex
U, Section A.

TABLE 3

Anti-dumping investigations against the Community and/or its Member States
during 2000

Total Of which (in order of number of

cases)

Measures in force at 1 January 2000

82

Investigations initiated prior to 2000
and still pending at end of 2000

Investigations initiated in 2000 still
pending

6

26

Definitive measures imposed in 2000

16

Measures repealed in 2000

Reviews in progress at end 2000

Number of measures in force at end
2000

Provisional measures imposed in
2000

18

1

80

6

42 by USA, 11 by South Africa, 9 by
Australia, 5 by India, 2 by Argentina,
2 by Malaysia, 2 by New Zealand, 2
by Philippines, 1 by Brazil, 1 by
Columbia, 1 by Egypt, 1 by Israel, l
by South Korea, 1 by Mexico,1 by
Poland

4 by Brazil, 1 by Colombia, 1 by
Czech Republic

7 by India, 4 by Argentina, 4 by
USA, 2 by Australia, 2 by New
Zealand, 2 by South Africa, 1 by
Brazil, 1 by Canada, 1 by China, 1
by Egypt, 1 by Indonesia

7 by India, 3 by South Africa, 2 by
Brazil, 2 by USA, 1 by Argentina, 1
by Mexico

18 by USA

1 by New Zealand

4 by India, 1 by South Africa, 1 by
China

The  increasing  trend  of  investigations  targeting  the  Community  as  a  whole  rather
than  individual  Member  States  has  been  confirmed  in  2000.  In  6  of  the  cases
initiated, action has been directed against imports from the whole of the Community,
mainly by India which appears to be following a more or less consistent approach in
this regard.

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In  2000,  the  UK  has  been  the  Member  State  most  often  affected  by  anti-dumping
proceedings  (10  new  investigations,  compared  to  only  one  in  1999),  followed  by
Germany and the Netherlands (both 5), Spain and France (both 4), and Italy (3). As
for the sectors concerned, chemical, pharmaceutical and steel products have been the
most often targeted.

11.2.

Details on some individual cases

This  chapter  identifies  some  of  the  anti-dumping  actions  taken  in  2000  by  third
countries which merit special attention.

11.2.1. X-ray films from Germany

On  15  March  1999,  Poland  initiated  an  anti-dumping  investigation  on  imports  of
“Retina”  X-ray  films  from  Germany.  On  2  November  2000,  the  procedure  was
terminated, since the co-operating German exporter (Kodak group) accepted a price
undertaking.

11.2.2. Milk from the Community

On 25 August 1999, Brazil initiated an anti-dumping investigation against imports of
milk products from, inter alia, the Community. The investigation has been extended
until  25  February  2001.  The  main  Community  Member  States  concerned  are
Denmark,  the  Netherlands  and  the  UK.  The  Community  trade  interest  is
approximately  €  30  million/year.  Provisional  findings  were  released  in  November
2000. Dumping margins have been estimated at between 59% and 147,8% for three
Community  companies  (most  Community  exporters  are  not  co-operating  in  the
proceeding), but no provisional measures were introduced.

The  Commission  participated  actively  in  the  investigation  and  expressed  strong
reservations as to Brazil’s provisional findings, in particular with regard to injury and
a  relatively  low  volume  of  Community  exports  to  Brazil.  However,  the  defence  of
Community interests in this case was made very difficult by the very low degree of
co-operation by Community exporters.

11.2.3. Acrylates from Germany

On  10  December  1999,  China  initiated  an  anti-dumping  investigation  against
Germany, Japan and the USA concerning imports of acrylates.

On 23 November 2000, China took the decision to impose provisional anti-dumping
duties.

In  the  context  of  this  proceeding,  several  contacts  have  taken  place  between  the
German exporter, the Commission and the Chinese authorities. The Commission has
also  expressed  its  concerns  at  the  way  this  investigation  has  been  conducted  in  a
written  submission  and  at  the  public  hearing,  which  took  place  in  Peking  in
December  2000.  The  case  also  raises  an  issue  of  discrimination  of  Community
exports vis-à-vis exports from other countries. The final determinations are expected
before 10 June 2001.

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China  is  a  relatively  new  as  a  user  of  the  anti-dumping  instrument  and  is  not  yet
bound by WTO rules as it has not yet entered this organisation. The Commission has
urged the Chinese authorities to ensure that they apply WTO rules in all their current
investigations.

11.2.4. Ropes and Cables of iron and steel from Germany, Spain and the UK

On  22  September  2000,  South  Africa  initiated  an  anti-dumping  investigation
concerning imports of ropes and  cables of iron and steel from Germany, Spain and
the UK. Community exporters and the Commission are participating actively  in the
procedure. The Commission has  already expressed its concerns at the  scope  of  this
proceeding  which  includes  products  that  do  not  appear  to  be  “like”  as  required  by
WTO  rules.  The  Commission  intends  to  monitor  this  case  very  carefully  to  ensure
that WTO rules are properly applied.

11.2.5. Low enriched uranium from France, Germany, the Netherlands and the UK

On  27  December  2000,  the  USA  initiated  anti-dumping  and  countervailing  duty
investigations against the above countries, following a complaint by USEC, the only
US enrichment company. The scheduled date for preliminary findings is 7 May 2001
in the countervailing case and 16 May 2001 in the anti-dumping case. There are two
Community  exporters  involved,  one  with  a  presence  in  the  UK,  Germany  and  the
Netherlands, and the second in France.

Consultations under Article 13(1) of the Agreement on Subsidies and Countervailing
Measures were held with the USA on 21 December 2000. This intervention, as well
as the active involvement of the exporters  concerned, has resulted in several of the
subsidy programmes being removed from the scope of the countervailing case.

This investigation is an important one since Community exports to the USA are very
large, i.e. € 450 million in the year 2000. The Commission has already complained
about several aspects of this case including the fact that this complaint was lodged by
the enrichment service provider rather than the owners of the product who appear to
be opposed to the investigation.

It  is  planned  to  hold  further  bilateral  consultations  with  the  USA  prior  to  the
provisional findings.

11.3.

Anti-subsidy cases against the Community and/or its Member States

The table below provides a record of the anti-subsidy action taken by third countries
against the Community and/or its Member States in 2000. It gives the position at the
beginning  of  the  year,  during  the  year,  and  at  the  end  of  the  year,  in  terms  of
measures in force and cases initiated. A more detailed pictures is provided in Annex
U, Section B.

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TABLE 4

Anti-subsidy investigations against the Community and/or its Member States
during 2000

Measures in force 1 January 2000

Investigations initiated prior to 2000 and
pending at end 2000

Investigations initiated in 2000

Definitive measures imposed in 2000

Measures repealed in 2000

Reviews in progress at end 2000

Number of measures in force at end 2000

Provisional measures imposed in 2000

Total Of which (in order of

number of cases)

17 by USA, 4 by
Australia, 3 by Argentina,
3 by Canada, 1 by Mexico,
1 by Venezuela

1 by Australia

1 by USA

5 by USA, 1 by Canada

1 by Argentina

29

0

1

1

6

1

24

0

11.4.

Details on some individual cases

This chapter identifies some of the anti-subsidy actions taken in 2000 actions by third
countries which merit special attention.

11.4.1. Sugar from the Community

On  9  March  2000,  Canada  initiated  a  review  of  the  countervailing  duties  against
imports of refined sugar from the Community. The Commission responded to all the
questionnaires sent by Canada and pointed out that there was no longer any threat of
injury.

On 3 November 2000, Canada announced that countervailing duties against imports
of  refined  sugar  from  the  Community  would  continue  for  another  five  years.
Although  measures  were  not  revoked,  Canada  restricted  the  scope  of  the  measures
imposed  and  excluded  certain  Community  sugar-based  products  from  the  scope  of
the measures.

11.4.2. Canned  ham  from  Denmark  and  the  Netherlands  and  against  imports  of  canned

pork-based luncheon meat from the Community

On  20  March  2000,  Canada  announced  it  would  rescind  countervailing  measures
against certain Community imports of canned pork-based luncheon meat, but would
continue  the  countervailing  measures  against  canned  ham  from  Denmark  and  the
Netherlands  for  another  five  years.  These  countervailing  measures  on  canned  ham,

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which  have  been  in  place  since  August  1984,  are  extended  for  another  five  years
until 20 March 2005.

11.4.3. Lead and bismuth from the UK

On 10 May 2000, the WTO Appellate Body largely confirmed the findings of a panel
in the case “USA – Imposition of Countervailing duties on Certain Lead and Bismuth
Carbon  Steel  Products  originating  in  the  UK”.  The  panel  ruled  against  the  USA
because of its “change-in-ownership” methodology in these investigations.

The WTO Appellate Body concluded that the USA had acted inconsistently with the
Agreement on Subsidies and Countervailing Measures  because  it simply  presumed,
without  examining  the  question  or  providing  any  positive  evidence,  that  subsidies
granted to a firm prior to a change of ownership “passed through” to the purchaser.
The Appellate Body also found that a privatisation for fair market value  eliminated
the benefit of any past subsidies.

Despite this clear WTO decision, this old methodology is still being  applied by the
USA  in  14  countervailing  cases  on  Community  steel.  Following  domestic  court
action  and  the  WTO  consultations,  the  USA  has  acknowledged  the  WTO
inconsistency  of  this  old  methodology  and  proposed  a  “new”  methodology  which
was  first  applied  in  the  case  “grain  oriented  electrical  steel  from  Italy”  which  is
expected to be concluded early in 2001.

In  reality,  this  “new  methodology”,  can  actually  lead  to  a  higher  rate  of  duty  for
exporters  than  the  old  methodology.  The  USA  will  still  refuse  to  examine  whether
the  nature  of  the  privatisation  precludes  the  pass-through  of  a  benefit  to  the  new
owner.  Rather  they  will  still  assume  that  there  is  automatic  pass-through  to  the
present Community steel producers of 100 % of the alleged subsidies, some of which
go back to the mid-1980’s and involved some state-owned firms that no longer exist.
It  is  clearly  WTO  inconsistent  because  it  completely  ignores  the  findings  of  the
British Steel case.

As to the 14 cases where the “old methodology” is still applied, the Commission is
also pursuing dispute settlement and consultations were held with the USA on the 7
December 2000. No progress was made as regards the dispute and this matter will be
further pursued in 2001.

11.4.4. Olive oil from the Community

In June 2000, Argentina initiated an expiry review in order to determine whether the
continuation of the measures was necessary to offset the injury sustained by the local
industry.  The  Commission  made  a  detailed  submission  in  which  it  argued  that  the
developments  in  the  market  situation  no  longer  justify 
imposition  of
countervailing duties. No decision has yet been made

the 

120

11.4.5. Corrosion resistant steel from Germany

On 27 July 2000, the USA published the final results of its expedited review in the
case  “Corrosion  resistant  steel  from  Germany”.  In  fact,  it  has  decided  to  continue
these  measures,  in  spite  of  the  amounts  of  dumping  and  subsidy  being  below  de
minimis levels.

On  13  November  2000,  the  Commission  requested  formal  consultations  and  these
were held on 8 December 2000. WTO consultations have also been requested for a
similar  decision  involving  an  anti-dumping  sunset  review,  where  the  dumping
margin  is  also  below  de  minimis  (“Seamless  pipe  from  Italy”).  This  case  concerns
the Italian steel producer, Dalmine S.p.A. .

These  cases  also  raise  the  general  problem  with  the  USA’s  approach  to  sunsets,
which  shifts  the  burden  of  proof  from  the  WTO  position  of  the  domestic  industry
having  to  demonstrate  why  duties  should  continue,  to  a  situation  where  exporters
have to show why they should expire.

11.4.6. Bulk brandy from France

In September 2000, Australia decided to continue the countervailing duty applicable
to  bulk  brandy  exported  to  Australia  from  France,  which  has  been  in  force  since
1990.

It was found that the production of brandy in France continues to be subsidised, and
that  the  removal  of  the  countervailing  duty  on  imported  subsidised  French  bulk
brandy  would  be  likely  to  exert  price  pressure  on  Australian  market  prices  and
thereby lead to a recurrence of material injury. On 27 December 2000, Australia also
opened an investigation into the alleged subsidisation of bottled brandy from France.

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  on
imports and the requirements to adopt safeguard measures correspond to those of the
GATT 1994 and WTO Agreements.

Under  WTO  rules,  safeguard  action  has  to  be  viewed  as  a  short-term  temporary
defence measure that applies to all imports of the product in question, irrespective of

121

origin24.  They  should  only  be  adopted  after  a  comprehensive  investigation  which
provides  evidence  of  the  existence  of  a)  increased  imports  b)  the  existence  of  a
serious injury for Community producers and c) a 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. These
principles  are  reflected  in  the  relevant  Community  regulations25,  as  ,well  as  a
provision requiring that safeguard action is only taken when it is in the Community’s
interest to do so26.

12.2.

Community activities in the field of safeguards

The  Community  has  seldom  made  use  of  safeguard  measures  and  none  have  been
adopted since the entry into force of the 1994 WTO Agreement.

As a matter of principle, the Commission considers 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 confirmed this restrictive
interpretation on the use of safeguards27.

The Commission expects the Community’s commercial partners to follow a similarly
strict approach. However, more and more countries are adopting safeguard measures,
often  in circumstances which do not  appear  to  be  entirely  in  line  with  Article  XIX
GATT 1994 and the WTO Agreement on Safeguards. Consequently, the activities of
the  Commission  in  relation  to  safeguards  is  more  and  more  driven  towards  the
defence of the export interests of Community producers, if necessary at WTO level.

As  regards  conventional  trade  regimes,  the  Commission  has  agreed  within  the
various bilateral agreements of which it is a party (Europe Agreements, Agreements
with  Mediterranean  countries,  FTAs  with  South  Africa  and  Mexico,  etc..)  to
introduce  special  safeguard  clauses,  which  apply  to  cases,  which  arise  between  the
partners.  These  clauses  normally  entail  rights  and  obligations  additional  to  those
arising under WTO safeguard rules (for example special notification and consultation
procedures). In this regard, the Commission carefully monitors any cases, which are
initiated by partners with which it has a preferential trade agreement.

12.3.

Safeguard cases concerning the Community

In 2000,  fourteen countries initiated a total of 23 safeguard investigations affecting
imports from the Community and its Member States.

The Commission is increasing its interventions vis-à-vis  third-country  investigating
bodies  as  well  as  within  the  WTO  framework.  The  Commission  has  voiced  its
concerns on several safeguard cases at the regular meetings of the  WTO Safeguard

24

25

26

27

However, as regards non-WTO members, safeguard measures may be selective and apply to products
originating in a specific country.
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.
See Infra, point 13.4.1 and 13.4.2 (Appellate  Body  Report  on  Argentina  –  Footwear;  Appellate  Body
Report on Korea – Dairy products).

122

                                                
Committee  in  Geneva  and  in  various  occasions  it  has  requested  consultations  with
countries  adopting  safeguard  measures  pursuant  to  Article  12  of  the  Safeguard
Agreement.

Furthermore, the Commission has continued its action in the dispute settlement area.
After the two cases successfully brought against Argentina and Korea in 1998-1999,
the Community has obtained yet another positive result in the US wheat gluten case,
where  the  Appellate  Body  ruled  against  the  USA  in  December  2000.  The
Commission  also  requested  dispute  settlement  consultations  with  the  USA  on  two
safeguard measures concerning certain steel products.

The  table  below  gives  the  number  of  investigations  initiated  by  third  countries,  as
well as the number of measures, which were imposed on Community exports during
the same year.

TABLE 5

Safeguard investigations by third countries during 2000

Total

of which (in order of number of
cases)

Measures in force 1 January 2000

11

2 by Czech Republic, 2 by USA, 1
by Egypt, 1 by Argentina, 1 by
Brazil, 1 by Poland, 1 by India, 1 by
Korea, 1 by Latvia

Investigations initiated prior to 2000
and still pending at the end of 2000

2

2 by Ecuador

Investigations initiated in 2000

23

Definitive measures imposed

Measures repealed in 2000

Reviews in progress at end 2000

Number of measures in force at end
2000

10

2

1

19

3 by Chile, 3 by Russia, 3 by Japan,
2 by El Salvador, 2 by India, 2 by
Morocco, 1 by Argentina, 1 by
Bulgaria, 1 by Czech Republic, 1 by
Ecuador, 1 by Egypt, 1 by Slovakia,
1 by Ukraine, 1 by Venezuela

3 by Chile, 2 by Russia, 2 by USA, 1
by Egypt, 1 by India, 1 by Korea

1 by South Korea, 1 by Latvia

1 by USA

Provisional measures imposed

3

2 by Chile, 1 by Egypt

Annex V provides a more detailed breakdown and picture of these cases.

123

12.4.

Details on some individual cases

This section sets out some cases, which merit special mention.

12.4.1. USA - Steel wire rod

On 12 January 1999, the USA initiated a safeguard investigation concerning imports
of  steel  wire  rod.  The  Community  trade  volume  for  this  product  is  about  €  150
million.

The  Commission  has  actively  participated  in  the  procedure  before  the  US
International  Trade  Commission  (ITC),  including  the  presentation  of  a  submission
explaining  why  in  the  Commission’s  view  no  safeguard  measures  are  warranted  in
this case.

On  12  May  1999,  the  ITC  made  a  split  recommendation  to  the  US  President  (i.e.
three  Commissioners  voted  that  no  serious  injury  or  threat  existed  while  the
remaining three Commissioners found that such injury or threat thereof existed), as
to whether to take action. On 1 March 2000, the USA imposed safeguard measures in
the form of a tariff quota of 1,58 million net tons per year, with imports exceeding
this quota to be subject to an additional import duty. This quota will remain in place
for three years.

The  Commission  has  meanwhile  initiated  dispute  settlement  action  by  requesting
consultations with the USA under Article 4 of the Dispute Settlement Understanding,
which are expected to take place in January 2001. The Commission believes that the
measures are in breach of WTO safeguard rules for both substantial and procedural
grounds.

12.4.2. USA - Welded line pipe

On 30 June 1999, the USA initiated a safeguard procedure against imports of welded
line pipe. The Community trade interest in this case is approximately € 15 million.

The Commission has actively participated in this case and made its view known to
the  US  International  Trade  Commission  that  safeguard  measures  do  not  appear
warranted,  notably  with  respect  to  speciality  products  (High  Frequency  Induction
Welding Line Pipe) originating in the Community.

On 1 March 2000, the USA imposed safeguard measures in the form of an additional
import duty, which will remain in place for three years, but which will not apply to
the first 9.000 net tons of line pipe originating in each exporting country.

The  Commission  has  meanwhile  initiated  dispute  settlement  action  by  requesting
consultations with the USA under Article 4 of the Dispute Settlement Understanding,
which are expected to take place in January 2001. The Commission believes that the
measures are in breach of WTO safeguard rules for both substantial and procedural
grounds.

124

12.4.3. Russia – steel tubes and pipes

On 17 March 2000, Russia initiated a safeguard procedure on  imports of tubes and
pipes  of  iron  and  steel.  The  Community  trade  interest  in  this  case  amounts  to
approximately € 254 million. The case was mainly triggered by cheap imports from
Ukraine,  and  Community  exports  do  not  appear  to  be  the  cause  of  any  injury  to
Russian  producers.  The  Commission,  in  co-operation  with  the  European  Steel  and
Tube  Association,  expressed  its  strong  concerns  at  this  case,  and  requested  that
Russia respects its bilateral obligations as contained in the safeguard provision of the
Partnership  and  Co-operation  Agreement.  By  17  December  2000,  the  deadline  for
action under the Russian procedure, no decision has been taken by Russia, and it is
hoped that they will proceed no further with the case.

12.4.4. Latvia - Swine meat

On  11  May  2000,  Latvia  removed  the  definitive  safeguard  measures  on  imports  of
swine meat it had imposed in December 1999. The move came after the Commission
had  complained  that  Latvia’s  action  was  in  breach  of  the  bilateral  safeguard
provision  of  the  Europe  Agreement,  which  Latvia  was  obliged  to  respect.  The
Commission had threatened to take appropriate measures under Article 123(2) of the
Europe Agreement, and to that end it had made a proposal to the Council to adopt a
Regulation  suspending  concessions  on  imports  of  butter  from  Latvia  into  the
Community.

12.4.5. Chile - Liquid milk and milk powder

In  June  2000,  Chile  initiated  a  new  investigation  and  soon  after  it  imposed  a
provisional  safeguard  measure  on  imports  of  liquid  milk  and  milk  powder.  The
measure  takes  the  form  of  an  additional  ad  valorem  import  duty  of  16%.  Total
Community exports can be estimated at well above € 10 million.

The  Commission,  in  co-operation  with  the  Community  industry  (European  Diary
Association) participated actively in the Chilean procedure. In addition, it requested
consultations with Chile under Article 12(4) of the Agreement on Safeguards, which
were held in Geneva in December 2000. Argentina, Australia, Canada, New Zealand,
Poland, Uruguay and the USA also attended these consultations. All expressed strong
reservations at Chile’s action.

12.4.6.

India - Methylene Chloride

On  17  July  2000,  India  initiated  a  safeguard  investigation  concerning  imports  of
Methylene Chloride. The Community trade interest is estimated at € 5 million. The
Commission  participated  directly  in  the  Indian  investigation,  in  full  co-operation
with the European Chlorinated Solvent Association.

125

The Commission filed two written submissions with the Indian authorities in which it
expressed strong reservations at the low standards applied in their investigation. The
Commission also made clear to India that this case is far from meeting the criteria for
warranting  the  imposition  of  safeguard  measures,  given  that  several  of  the
requirements  for  such  action  appear  not  to  be  present,  i.e.  that  the  injury  has  been
shown to be because of “unforeseen circumstances”, that there has been a significant
rise in imports and that there is a causal link between the imports and the injury.

12.4.7. Egypt - Milk powder

On 25 September 2000, Egypt initiated a safeguard investigation concerning imports
of milk powder and imposed provisional safeguard duties of 45%. The Community
trade interest is estimated at some € 30 million.

In  co-operation  with  Member  States  and  the  Community  industry  (European  Diary
Association), the Commission expressed its strong reservations on the merits of this
case by means of written submissions and when attending the public hearing held by
the  investigating  authority  in  Cairo.  The  Commission  has  requested  Egypt  to
terminate the procedure and to remove the 45% provisional duty applied on imports
of  milk  powder,  and  reserved  the  right  to  take  WTO  action  if  Egypt  introduced
definitive measures.

13.

CONCLUSION

As  regards  the  Community's  anti-dumping  and  anti-subsidy  activities,  one  can
conclude  that  the  number  of  new  investigations  initiated  during  the  year  2000  (31)
decreased  significantly  in  comparison  with  the  previous  year  (86).  This  reduction
appears to confirm that the year 1999 was exceptional in terms of the high number of
initiations registered and also seems to confirm a return to the normal situation which
has existed throughout the nineties. The great number of initiations in 1999 led to a
significant  increase  in  the  number  of  provisional  measures  (48  versus  17  for  the
whole  of  1999),  definitive  measures  (51  versus  21  for  the  whole  of  1999)  and
investigations terminated without imposing measures (32 versus 22 in 1999).

As  regards  measures  imposed  by 
trend  of
investigations  targeting  the  Community  as  a  whole  rather  than  individual  Member
States  has  been  confirmed  in  2000.  Of  the  total  measures  in  force  targeting  the
Community or its Member States (both anti-dumping and countervailing), more than
50% were imposed by the USA.

third  countries, 

increasing 

the 

The Commission has also continued its efforts in order to have measures imposed by
third  countries  comply  with  WTO  agreements.  In  a  number  of  cases,  it  initiated
dispute settlement procedures which had a positive outcome.

126

ANNEX

SUMMARY

1.

GENERAL TRENDS FOR 2000

– 

– 

The number of new investigations initiated (31) decreased significantly in
comparison with the previous year (86 in 1999). This reduction appears to
confirm that the year 1999 was exceptional in terms of the high number of
initiations  registered  and  also  seems  to  confirm  a  return  to  the  normal
situation which has existed throughout the nineties.

The number28 of provisional measures taken during 2000 (48 versus 17 for
the whole of 1999), the number of definitive measures taken (51 versus 21
for  the  whole  of  1999)  and  the  number  of  investigations  terminated
without imposing measures (32 versus 22 in 1999) increased significantly.
All  this  is  a  direct  consequence  of  the  increased  number  of  new
investigations initiated during 1999. As a result, the Community had 192
measures in force at the end of 2000.

2.

MAIN FEATURES

2.1.

Initiations

A total of 64 anti-dumping and 4 anti-subsidy investigations were initiated, split
up as follows :

– 

– 

– 

– 

– 

– 

31 new investigations (all anti-dumping) (see Annex A)

9  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)

21  interim  reviews,  of  which  1  anti-subsidy  review  (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)

3 new exporter reviews (see Annex I)

1 anti-absorption investigations (see Annex J)

0 anti-circumvention investigations (see Annex K)

28

The measures are counted per product and country concerned.

127

                                                
– 

3 accelerated reviews (anti-subsidy) (see Annex L)

2.2. Measures

– 

– 

– 

– 

– 

– 

– 

– 

48 provisional measures were imposed (of which 38 anti-dumping and 10
anti-subsidy), involving imports from 21 different countries and covering
16 products (see Annex D)

51  definitive  measures  were  imposed  (of  which  40  anti-dumping  and  11
anti-subsidy), involving imports from 22 different countries and covering
18 products (see Annex E)

the Commission accepted undertakings offered by exporters from 20 third
countries  and  2  undertakings  were  repealed  with  imposition  of  definitive
measures (see Annex M)

of  the  expiry  reviews,  11  reviews  were  concluded  with  confirmation  of
duty (see Annex G)

of  the  interim  reviews,  12  reviews  were  concluded  with  confirmation/
amendment of duty (see Annex H)

of  the  new  exporter  reviews,  3  were  concluded  with  imposition/
amendment of duty (see Annex I)

of  the  anti-absorption  investigations,  3  were  concluded  with  increase  of
duty (see Annex J)

of  the anti-circumvention investigations, 1  was  concluded  with  extension
of duty (see Annex K)

2.3.

Terminations

– 

– 

– 

– 

– 

32 new investigations (of which 23 anti-dumping and 9 anti-subsidy) were
terminated without the imposition of measures (see Annex F)

of the expiry reviews, 4 were terminated (see Annex G)

of the interim reviews, 7 were terminated (see Annex H)

of the anti-absorption investigations, 2 were concluded without increase of
duty/termination (see Annex J)

of  the  anti-circumvention  investigations,  2  were  concluded  without
extension of duty/termination (see Annex K)

– 

3 undertakings were repealed

Please  note  that  those  statistics  are  also  available  on  the  following  Internet  Website  :
http://europa.eu.int/comm/dg01/trade10.htm.

128

ANNEX A

NEW INVESTIGATIONS INITIATED

DURING THE PERIOD 1 JANUARY – 31 DECEMBER 2000

A.

ANTI-DUMPING INVESTIGATIONS

PRODUCT

Aluminium foil

Steel ropes and cables

Paracetamol

Lamps (integrated electronic compact
fluorescent)

Polyethylene terephthalate (PET) film

Colour television receivers

Gear hubs (internal) for bicycles

Urea

Ferro molybdenum

129

Country of origin

OJ Reference

P.R. China
Russia

Czech Rep.
Korea (Rep. of)
Malaysia
Russia
Thailand
Turkey

P.R. China
India
Turkey
U.S.A.

P.R. China

India
Korea (Rep. of)

Turkey

Japan

Belarus
Bulgaria
Croatia
Egypt
Estonia
Lithuania
Libya
Poland
Romania
Ukraine

P.R. China

C 45
18.02.2000, p. 2

C 127
05.05.2000, p. 12

C 134
13.05.2000, p. 10

C 138
17.05.2000, p. 8

C 148
27.05.2000, p. 22

C 202
15.07.2000, p. 4

C 214
27.07.2000

C 301
21.10.2000, p. 2

C 320
09.11.2000, p. 3

Stones (worked monumental or building
granite stones)

Zinc oxides

P.R. China
India

P.R. China

C 322
11.11.2000, p. 3

C 366
20.12.2000, p. 7

B.

ANTI-SUBSIDY INVESTIGATIONS

Product

Country of origin

OJ Reference

NONE

130

ANNEX B

NEW INVESTIGATIONS INITIATED BY COUNTRY OF EXPORT

DURING THE PERIOD 1996 – 2000 (31 DECEMBER)

Country of origin
Algeria
Australia
Belarus
Brazil
Bulgaria
China (People's Republic of)
Croatia
Czech Republic
Egypt
Estonia
Hong Kong
Hungary
India
Indonesia
Iran
Japan
Korea (Rep. of)
Latvia
Libya
Lithuania
Malaysia
Mexico
Norway
Pakistan
Peru
Philippines
Poland
Romania
Russia
Saudi Arabia
Singapore
Slovakia
Slovenia
South Africa
Taiwan
Thailand
Turkey

1998
-
-
-
-
-
1
1
1
-
-
-
2
7
-
-
-
7
-
-
-
-
1
-
-
-
-
2
-
-
2
-
-
1
2
-
-
-

1999
1
2
1
1
1
12
1
1
-
-
1
-
7
4
1
4
9
-
-
3
4
-
-
-
-
1
1
1
1
-
1
1
-
2
12
7
1

2000
-
-
1
-
1
6
1
1
1
1
-
-
3
-
-
1
2
-
1
1
1
-
-
-
-
-
1
1
2
-
-
-
-
-
-
1
3

1996
-
-
-
-
-
6
-
1
2
-
-
-
4
1
-
-
1
-
-
-
1
-
2
2
-
-
-
1
1
-
-
1
-
-
1
-
1

1997
-
-
-
2
1
5
-
-
1
1
-
-
6
1
-
2
3
1
-
1
2
-
-
1
1
-
1
-
2
-
1
-
-
-
4
3
1

131

Ukraine
USA
Vietnam
Yugoslavia (F.R.)

-
-
-
-
25

1
3
1
-
45

2
-
-
-
29

2
1
-
2
86

1
1
-
-
31

132

ANNEX C

NEW INVESTIGATIONS INITIATED BY PRODUCT SECTOR

DURING THE PERIOD 1996 – 2000 (31 DECEMBER)

Product

1996

1997

1998

1999

2000

Chemical and allied

Textiles and allied

Wood and paper

Electronics

Other mechanical engineering

Iron and Steel

Others metal

Other

Of which

anti-dumping

anti-subsidy

8

8

7

14

1

4

1

2

45

42

3

-

9

-

-

-

19

-

1

29

21

8

28

11

-

12

5

25

-

5

86

66

20

17

-

-

2

1

7

2

2

31

31

0

-

10

-

-

-

9

1

5

25

24

1

133

ANNEX D

NEW INVESTIGATIONS CONCLUDED BY THE IMPOSITION OF PROVISIONAL DUTIES

DURING THE PERIOD 1 JANUARY – 31 DECEMBER 2000

A.

ANTI-DUMPING INVESTIGATIONS

Product

Polyester staple fibres (AD)

Hot-rolled flat products of
non-alloy steel (quarto plates)

Tube or pipe fittings
(malleable cast iron)

Solutions of urea and
ammonium nitrate

Cathode-ray colour-television
picture tubes

Hairbrushes

Glycine

Country of
origin

Australia
Indonesia
Thailand

P.R. China
India
Romania

Brazil
Czech Rep.
Japan
P.R. China
Korea (Rep. of)
Thailand

Algeria
Belarus
Lithuania
Russia
Ukraine

India
Malaysia
P.R. China
Korea (Rep. of)

P.R. China
Korea (Rep. of)
Taiwan
Thailand

P.R. China

SBS thermoplastic rubber
(AD)

Taiwan

134

Regulation N°

OJ Reference

Commission Reg.
(EC) No 124/2000
20.01.2000

Commission Dec.
No 307/2000/ECSC
10.02.2000

Commission Reg.
(EC) No 449/2000
28.02.2000

L 16
21.01.2000
p. 30

L 35
11.02.2000
p. 4

L 55
29.02.2000
p. 3

Commission Reg.
(EC) No 617/2000
16.03.2000

L 75
24.03.2000
p. 3

Commission Reg.
(EC) No 837/2000
19.04.2000

Commission Reg.
(EC) No 967/2000
08.05.2000

Commission Reg.
(EC) No 1043/2000
18.05.2000

Commission Reg.
(EC) No 1091/2000
24.05.2000

L 102
27.04.2000
p. 15

L 111
09.05.2000
p. 4

L 118
19.05.2000
p. 6

L 124
25.05.2000
p. 12

Commission Dec.
No 1238/2000/ECSC
14.06.2000

Commission Reg.
(EC) No 1472/2000
06.07.2000
amended by
Commission Reg.
(EC) No 1899/2000
07.09.2000

Commission Reg.
(EC) No 1629/2000
25.07.2000

Commission Reg.
(EC) No 1742/2000
04.08.2000

L 141
15.06.2000
p. 9

L 166
06.07.2000
p. 1

L 228
08.09.2000
p. 24

L 187
26.07.2000
p. 12

L 199
05.08.2000
p. 48

Regulation N°

OJ Reference

Commission Reg.
(EC) No 123/2000
20.01.2000

Commission Reg.
(EC) No 618/2000
22.03.2000

Commission Reg.
(EC) No 1092/2000
24.05.2000

Commission Reg.
(EC) No 1741/2000
03.08.2000

L 16
21.01.2000
p. 3

L 75
24.03.2000
p. 18

L 124
25.05.2000
p. 26

L 199
05.08.2000
p. 6

Coke of coal in pieces with a
diameter of more than 80 mm

P.R. China

Polyester staple fibres

India
Korea (Rep. of)

Ammonium nitrate

Polyethylene terephthalate
(PET)

Poland
Ukraine

India
Indonesia
Korea (Rep. of)
Malaysia
Taiwan
Thailand

B.

ANTI-SUBSIDY INVESTIGATIONS

Product

Polyester staple fibres (AS)

Country of
origin

Australia
Indonesia
Taiwan

Stainless steel fasteners (AS) Malaysia

SBS thermoplastic rubber
(AS)

Polyethylene terephthalate
(PET) (AS)

Philippines

Taiwan

India
Malaysia
Taiwan
Thailand

135

ANNEX E

NEW INVESTIGATIONS CONCLUDED BY THE IMPOSITION OF DEFINITIVE DUTIES

DURING THE PERIOD 1 JANUARY – 31 DECEMBER 2000

A.

ANTI-DUMPING INVESTIGATIONS

Product

Flat rolled products of iron or
non-alloy steel (hot rolled
coils)

Country of
origin

Bulgaria
India
South Africa
Taiwan
Yugoslavia (F.R.)

Seamless pipes and tubes of
non-alloy steel

Croatia
Ukraine

Synthetic staple fibres of
polyester

Hot-rolled flat products of
non-alloy steel (quarto plates)

Tube or pipe fittings
(malleable cast iron)

Styrene-butadien-styrene
thermoplastic rubber

Solutions of urea and
ammonium nitrate

Black colorformers

Australia
Indonesia
Thailand

P.R. China
India
Romania

Brazil
Czech Rep.
Japan
P.R. China
Korea (Rep. of)
Thailand

Taiwan

Algeria
Belarus
Lithuania
Russia
Ukraine

Japan

136

Regulation N°

OJ Reference

Commission Dec.
No 283/2000/ECSC
04.02.2000
corrected by
Commission Dec.
No 2009/2000/ECSC
22.09.2000

Council Reg.
(EC) No 348/2000
14.02.2000

Council Reg.
(EC) No 1522/2000
10.07.2000

Commission Dec.
No 1758/2000/ECSC
09.08.2000

Council Reg.
(EC) No 1784/2000
11.08.2000

Council Reg.
(EC) No 1993/2000
18.09.2000

Council Reg.
(EC) No 1995/2000
18.09.2000

L 31
05.02.2000
p. 15

L 240
23.09.2000
p. 12

L 45
17.02.2000
p. 1

L 175
14.07.2000
p. 10

L 202
10.08.2000
p. 21

L 208
18.08.2000
p. 8

L 238
22.09.2000
p. 4

L 238
22.09.2000
p. 15

Council Reg.
(EC) No 2263/2000
09.10.2000

L 259
13.10.2000
p. 1

Colour television picture tubes
(cathode-ray)

India
Korea (Rep. of)

PET (polyethylene
terephthalate)

Electronic weighing scales

Coke of coal in pieces with a
diameter of more than 80 mm

Polyester staple fibres

India
Indonesia
Korea (Rep. of)
Malaysia
Taiwan
Thailand

P.R. China
Korea (Rep. of)
Taiwan

P.R. China

India
Korea (Rep. of)

B.

ANTI-SUBSIDY INVESTIGATIONS

Council Reg.
(EC) No 2313/2000
17.10.2000

Council Reg.
(EC) No 2604/2000
27.11.2000

Council Reg.
(EC) No 2605/2000
27.11.2000

Commission Dec.
No 2730/2000/ECSC
14.12.2000

Council Reg.
(EC) No 2852/2000
22.12.2000

L 267
20.10.2000
p. 1

L 301
30.11.2000
p. 21

L 301
30.11.2000
p. 42

L 316
15.12.2000
p. 30

L 332
28.12.2000
p. 17

Product

Country of
origin

Regulation N°

OJ Reference

Flat rolled products of iron or
non-alloy steel (hot rolled
coils) (AS)

India
Taiwan

Synthetic fibres of polyester
(AS)

Australia
Indonesia
Taiwan

Stainless steel fasteners (AS) Malaysia

Styrene-butadien-styrene
thermoplastic rubber (AS)

PET (polyethylene
terephthalate) (AS)

Philippines

Taiwan

India
Malaysia
Thailand

137

Commission Dec.
No 284/2000/ECSC
04.02.2000
corrected by
Commission Dec.
No 2071/2000/ECSC
29.09.2000

Council Reg.
(EC) No 978/2000
08.05.2000

Council Reg.
(EC) No 1523/2000
10.07.2000

Council Reg.
(EC) No 1994/2000
18.09.2000

Council Reg.
(EC) No 2603/2000
27.11.2000

L 31
05.02.2000
p. 44

L 246
30.09.2000
p. 32

L 113
12.05.2000
p. 1

L 175
14.07.2000
p. 29

L 238
22.09.2000
p. 8

L 301
30.11.2000
p. 1

ANNEX F

NEW INVESTIGATIONS TERMINATED WITHOUT THE IMPOSITION OF MEASURES

DURING THE PERIOD 1 JANUARY – 31 DECEMBER 2000

A.

ANTI-DUMPING INVESTIGATIONS

Product

Country of
origin

Regulation N°

OJ Reference

Television camera systems

USA

Flat rolled products of iron or
non-alloy steel (hot rolled
coils)

Iran

Yellow phosphorus

P.R. China

Bicycle frames

Bicycle forks

P.R. China
Taiwan

P.R. China
Taiwan

Bicycle wheels

P.R. China

Hairbrushes

Hong Kong

Parts of television camera
systems

Japan

Compact disc boxes

P.R. China

Steel wire rod

Turkey

Tube or pipe fittings
(malleable cast iron)

Croatia
Yugoslavia (F.R.)

138

Commission Dec.
No 2000/73/EC
31.01.2000

Commission Dec.
No 283/2000/ECSC
04.02.2000

Commission Dec.
No 2000/247/EC
27.03.2000

Commission Dec.
No 2000/316/EC
02.05.2000

Commission Dec.
No 2000/316/EC
02.05.2000

Commission Dec.
No 2000/316/EC
02.05.2000

Commission Reg.
(EC) No 967/2000
08.05.2000

15 months deadline to
impose definitive
measures expired

Commission Dec.
No 2000/349/EC
23.05.2000

Commission Dec.
No 2000/512/ECSC
11.08.2000

Commission Dec.
No 2000/523/EC
10.08.2000

L 25
01.02.2000
p. 24

L 31
05.02.2000
p. 15

L 77
28.03.2000
p. 23

L 105
03.05.2000
p. 40

L 105
03.05.2000
p. 40

L 105
03.05.2000
p. 40

L 111
09.05.2000
p. 4

L 122
24.05.2000
p. 46

L 205
12.08.2000
p. 15

L 208
18.08.2000
p. 53

Solutions of urea and
ammonium nitrate

Slovak Rep.

Colour television picture tubes
(cathode-ray)

Hairbrushes

Glycine

Lithuania
Malaysia
P.R. China

P.R. China
Korea (Rep. of)
Taiwan
Thailand

P.R. China

L 238
22.09.2000
p. 15

L 267
20.10.2000
p. 1

Council Reg.
(EC) No 1995/2000
18.09.2000

Council Reg.
(EC) No 2313/2000
17.10.2000

15 months deadline to
impose definitive
measures expired

15 months deadline to
impose definitive
measures expired

B.

ANTI-SUBSIDY INVESTIGATIONS

Product

Polyester staple fibres (AS)

Flat rolled products of iron or
non-alloy steel (hot rolled
coils) (AS)

Stainless steel fasteners (AS)

Woven glass-fibre fabrics
(AS)

PET (polyethylene
terephthalate) (AS)

Country of
origin

Korea (Rep. of)
Thailand

South Africa

Singapore
Thailand

Taiwan

Indonesia
Korea (Rep. of)
Taiwan

Regulation N°

OJ Reference

Commission Reg.
(EC) No 123/2000
20.01.2000

Commission Dec.
No 284/2000/ECSC
04.02.2000

Council Reg.
(EC) No 1523/2000
10.07.2000

Commission Dec.
No 2000/575/EC
20.09.2000

Council Reg.
(EC) No 2603/2000
27.11.2000

L 16
21.01.2000
p. 3

L 31
05.02.2000
p. 44

L 175
14.07.2000
p. 29

L 240
23.09.2000
p. 27

L 301
30.11.2000
p. 1

139

ANNEX G

EXPIRY REVIEWS INITIATED OR CONCLUDED

DURING THE PERIOD 1 JANUARY – 31 DECEMBER 2000

Initiated

Product

Country of origin

OJ Reference

Urea

Russia

Colour television receivers*

Lighters (gas-fuelled, non
refillable)

Malaysia
P.R. China
Korea (Rep. of)
Singapore
Thailand

P.R. China

Ammonium nitrate*

Russia

Peroxodisulphates

P.R. China

C 62
04.03.2000
p. 19

C 94
01.04.2000
p. 2

C 127
05.05.2000
p. 15

C 239
23.08.2000
p. 10

C 366
20.12.2000
p. 5

Concluded : confirmation of duty

Product

Country of origin Regulation/ Decision

OJ Reference

No

Council Reg.
(EC) No 360/2000
14.02.2000

Council Reg.
(EC) No 969/2000
08.05.2000

Council Reg.
(EC) No 1100/2000
22.05.2000

L 46
18.02.2000
p. 1

L 112
11.05.2000
p. 4

L 125
26.05.2000
p. 3

Magnesium (dead-burned)

P.R. China

Potassium chloride*

Silicon carbide

Belarus
Russia
Ukraine

P.R. China
Russia
Ukraine

*

Parallel expiry and interim review (see also Annex H)

140

                                                
Bicycles

P.R. China

Ethanolamines*

U.S.A.

Fluorspar*

P.R. China

Television camera systems

Japan

Council Reg.
(EC) No 1524/2000
10.07.2000

Council Reg.
(EC) No 1603/2000
20.07.2000

Council Reg.
(EC) No 2011/2000
18.09.2000

Council Reg.
(EC) No 2042/2000
26.09.2000

L 175
14.07.2000
p. 39

L 185
25.07.2000
p. 1

L 241
26.09.2000
p. 5

L 244
29.09.2000
p. 38

Concluded : termination

Product

Country of origin Regulation/ Decision

OJ Reference

Lighters (non-refillable)*

Japan

Large aluminium electrolyic
capacitors*

Japan

Ferro-chrome (low carbon)

Russia
Kazakhstan

No

Council Reg.
(EC) No 174/2000
24.01.2000

Council Reg.
(EC) No 173/2000
24.01.2000

Commission Dec.
No 2000/242/EC
24.03.2000

L 22
27.01.2000
p. 16

L 22
27.01.2000
p. 1

L 76
25.03.2000
p. 23

*

Parallel expiry and interim review (see also Annex H)

141

                                                
ANNEX H

INTERIM REVIEWS INITIATED OR CONCLUDED

DURING THE PERIOD 1 JANUARY – 31 DECEMBER 2000

Initiated

Product

Country of origin

OJ Reference

Stainless steel fasteners and
parts thereof*

P.R. China

Stainless steel bars (AS)

India

Magnesium (unwrought
unalloyed)

P.R. China

Television camera systems

Japan

Colour television receivers**

Polyester textured filament
yarn (PTY)

Personal fax machines

Malaysia
P.R. China
Korea (Rep. of)
Singapore
Thailand

Thailand

P.R. China
Japan
Korea (Rep. of)
Malaysia
Singapore
Taiwan
Thailand

Ammonium nitrate**

Russia

*

**

Parallel interim and new exporter review (see also Annex I)
Parallel interim and expiry review (see also Annex G)

142

L 7
12.01.2000
p. 1

C 22
26.01.2000
p. 7

C 35
08.02.2000
p. 12

C 40
12.02.2000
p. 5

C 94
01.04.2000
p. 2

C 170
20.06.2000
p. 4

C 184
01.07.2000
p. 26

C 239
23.08.2000
p. 10

                                                
Bicycles

P.R. China

Lighters (gas-fuelled non-
refillable)

Thailand

Polyester staple fibres and
polyester filament tow

Belarus

C 278
30.09.2000
p. 28

C 311
31.10.2000
p. 5

C 352
08.12.2000
p. 6

Concluded : confirmation/amendment of duty

Product

Country of origin Regulation/ Decision

OJ Reference

Television camera systems***

Japan

Seamless pipes and tubes of
iron or non-alloy steel

Russia

Potassium chloride*

Tube and pipe fittings, of iron
or steel

Belarus
Russia
Ukraine

Thailand

Ethanolamines*

U.S.A.

Polyester textured filament
yarn

Malaysia

Polyester textured filament
yarn

Taiwan

No

Council Reg.
(EC) No 176/2000
24.01.2000

Council Reg.
(EC) No 190/2000
24.01.2000

Council Reg.
(EC) No 969/2000
08.05.2000

Council Reg.
(EC) No 1592/2000
17.07.2000

Council Reg.
(EC) No 1603/2000
20.07.2000

Council Reg.
(EC) No 1992/2000
18.09.2000

Council Reg.
(EC) No 2010/2000
18.09.2000

L 22
27.01.2000
p. 29

L 23
28.01.2000
p. 1

L 112
11.05.2000
p. 4

L 182
21.07.2000
p. 1

L 185
25.07.2000
p. 1

L 238
22.09.2000
p. 1

L 241
26.09.2000
p. 1

***

*

Investigation conducted and concluded under the specific provisions of the  Regulation imposing the
original measures
Parallel interim and expiry review (see also Annex G)

143

                                                
Fluorspar*

P.R. China

Microwave ovens

Korea (Rep. of)

Stainless steel fasteners and
parts thereof**

P.R. China

Television camera systems***

Japan

Magnesium (unwrought,
unalloyed)

P.R. China

Council Reg.
(EC) No 2011/2000
18.09.2000

Council Reg.
(EC) No 2041/2000
26.09.2000

Council Reg.
(EC) No 2570/2000
20.11.2000

Council Reg.
(EC) No 2676/2000
04.12.2000

Council Reg.
(EC) No 2788/2000
18.12.2000

L 241
26.09.2000
p. 5

L 244
29.09.2000
p. 33

L 297
24.11.2000
p. 1

L 308
08.12.2000
p. 1

L 324
21.12.2000
p. 4

Concluded : termination

Product

Country of origin Regulation/ Decision

OJ Reference

Lighters (non-refillable)*

Japan

Large aluminium electrolytic
capacitors*

Japan

Large aluminium electrolytic
capacitors

Korea (Rep. of)
Taiwan

Bicycle parts

P.R. China

No

Council Reg.
(EC) No 174/2000
24.01.2000

Council Reg.
(EC) No 173/2000
24.01.2000

Council Reg.
(EC) No 173/2000
24.01.2000

Commission Dec.
No 2000/316/EC
02.05.2000

L 22
27.01.2000
p. 16

L 22
27.01.2000
p. 1

L 22
27.01.2000
p. 1

L 105
03.05.2000
p. 40

**

***

*

Parallel interim and new exporter review (see also Annex I)
Investigation conducted and concluded under the specific provisions of the  Regulation imposing the
original measures
Parallel interim and expiry review (see also Annex G)

144

                                                
Magnetic disks (3,5"
microdisks)

Taiwan

Stainless steel bars (AS)

India

Commission Dec.
No 2000/356/EC
26.05.2000

Commission Dec.
No 2000/768/EC
06.12.2000

L 127
27.05.2000
p. 58

L 306
07.12.2000
p. 36

145

ANNEX I

NEW EXPORTER REVIEWS INITIATED OR CONCLUDED

DURING THE PERIOD 1 JANUARY – 31 DECEMBER 2000

Initiated

Product

Country of origin Regulation/ Decision

OJ Reference

Stainless steel fasteners and
parts thereof*

P.R. China

Sacks and bags
(polyethylene/polypropylene)

India

Flat rolled products of iron or
non-alloy steel (hot rolled
coils)

India

No

Commission Reg.
(EC) No 59/2000
05.01.2000

Commission Reg.
(EC) No 621/2000
23.03.2000

Commission Dec.
No 2113/2000/ECSC
05.10.2000

L 7
12.01.2000
p. 1

L 75
24.03.2000
p. 45

L 252
06.10.2000
p. 3

Concluded : imposition/amendment of duty

Product

Country of origin Regulation/ Decision

OJ Reference

Handbags (leather)

P.R. China

Cotton-type bed linen**

Bicycles**

Egypt
India
Pakistan

Taiwan

Flat pallets of wood**

Poland

No

Council Reg.
(EC) No 175/2000
24.01.2000

Council Reg.
(EC) No 554/2000
13.03.2000

Council Reg.
(EC) No 1099/2000
22.05.2000

Council Reg.
(EC) No 1521/2000
10.07.2000

L 22
27.01.2000
p. 25

L 68
16.03.2000
p. 1

L 125
26.05.2000
p. 1

L 175
14.07.2000
p. 1

*

**

Parallel interim and new exporter review (see also Annex H)
Investigation conducted and concluded under the specific provisions of the  Regulation imposing the
original measures

146

                                                
Stainless steel fasteners and
parts thereof*

P.R. China

Salmon (AD/AS)**

Norway

Sacks and bags
(polyethylene/polypropylene)

India

Council Reg.
(EC) No 2570/2000
20.11.2000

Council Reg.
(EC) No 2606/2000
27.11.2000

Council Reg.
(EC) No 2744/2000
14.12.2000

L 297
24.11.2000
p. 1

L 301
30.11.2000
p. 61

L 316
15.12.2000
p. 67

Concluded : termination

Product

Country of origin

Regulation/
Decision No

OJ Reference

NONE

*

**

Parallel interim and new exporter review (see also Annex H)
Investigation conducted and concluded under the specific provisions of the  Regulation imposing the
original measures

147

                                                
ANNEX J

ANTI-ABSORPTION INVESTIGATIONS INITIATED OR CONCLUDED

DURING THE PERIOD 1 JANUARY – 31 DECEMBER 2000

Initiated

Product

Country of origin

OJ Reference

Binder or baler twine
(polypropylene)

Poland

C 227
09.08.200
p. 15

Concluded with increase of duty

Product

Country of origin Regulation/ Decision

OJ Reference

Glyphosate

P.R. China

Ring binder mechanisms

P.R. China

Magnesium (unwrought
unalloyed)

P.R. China

No

Council Reg.
(EC) No 1086/2000
22.05.2000

Council Reg.
(EC) No 2100/2000
29.09.2000

Council Reg.
(EC) No 2315/2000
17.10.2000

L 124
25.05.2000
p. 1

L 250
05.10.2000
p. 1

L 267
20.10.2000
p. 17

Concluded without increase of duty / termination

Product

Country of origin Regulation/ Decision

OJ Reference

Stainless steel fasteners and
parts thereof

Malaysia
Thailand

No

Commission Dec.
No 2000/315/EC
28.04.2000

L 104
29.04.2000
p. 87

148

ANNEX K

ANTI-CIRCUMVENTION INVESTIGATIONS INITIATED OR CONCLUDED

DURING THE PERIOD 1 JANUARY – 31 DECEMBER 2000

Initiated

Product

Country of origin Regulation/ Decision

OJ Reference

No

NONE

Concluded with extension of duty

Product

Tube and pipe fittings, of iron
or steel

Country of origin
and/or
consignment

China
(consigned from
Taiwan)

Regulation/ Decision
No

OJ Reference

Council Reg.
(EC) No 763/2000
10.04.2000
amended by
Council Reg.
(EC) No 2314/2000
17.10.2000

L 94
14.04.2000
p. 1

L 267
20.10.2000
p. 15

Concluded without extension of duty / termination

Product

Country of origin
and/or
consignment

Regulation/ Decision
No

OJ Reference

Magnetic disks (3,5"
microdisks)

Taiwan
P.R. China

Commission Reg.
(EC) No 799/2000
17.04.2000

L 96
18.04.2000
p. 30

149

ACCELERATED REVIEW INVESTIGATIONS (ANTI-SUBSIDY) INITIATED OR CONCLUDED

ANNEX L

DURING THE PERIOD 1 JANUARY – 31 DECEMBER 2000

Initiated

Product

Country of origin

OJ Reference

Stainless steel wire (= or > 1
mm) (AS)

India

Stainless steel bars (AS)

India

Flat rolled products of iron or
non-alloy steel (hot rolled
coils)

India

C 61
03.03.2000
p. 2

C 61
03.03.2000
p. 3

C 201
14.07.2000
p. 2

Concluded

Product

Country of origin
and/or
consignment

NONE

Regulation/ Decision
No

OJ Reference

150

ANNEX M

UNDERTAKINGS ACCEPTED OR REPEALED

DURING THE PERIOD 1 JANUARY – 31 DECEMBER 2000

Undertakings accepted

Product

Country of
origin

Regulation N°

OJ Reference

Seamless pipes and tubes of
iron or non-alloy steel

Russia

Flat rolled products of iron or
non-alloy steel (hot rolled
coils) (AS)

India

Flat rolled products of iron or
non-alloy steel (hot rolled
coils)

Bulgaria
India
South Africa

Seamless pipes and tubes of
iron or non-alloy steel

Croatia
Ukraine

Tube or pipe fittings
(malleable cast iron) (at
provisional stage)

Solutions of urea and
ammonium nitrate (at
provisional stage)

Czech Rep.

Algeria

Silicon carbide

Russia

Flat pallets of wood

Poland

Hot-rolled flat products of
non-alloy steel (quarto plates)

India
Romania

151

Commission Dec.
No 2000/70/EC
22.12.1999

Commission Dec.
No 284/2000/ECSC
04.02.2000

Commission Dec.
No 283/2000/ECSC
04.02.2000

Commission Dec.
No 2000/137/EC
17.02.2000

Commission Reg.
(EC) No 449/2000
28.02.2000

Commission Reg.
(EC) No 617/2000
16.03.2000

Council Reg.
(EC) No 1100/2000
22.05.2000

Commission Dec.
No 2000/437/EC
27.06.2000

Commission Dec.
No 1758/2000/ECSC
09.08.2000

L 23
28.01.2000
p. 78

L 31
05.02.2000
p. 44

L 31
05.02.2000
p. 15

L 46
18.02.2000
p. 34

L 55
29.02.2000
p. 3

L 75
24.03.2000
p. 3

L 125
26.05.2000
p. 3

L 175
14.07.2000
p. 93

L 202
10.08.2000
p. 21

Salmon (AD/AS)

Norway

Tube or pipe fittings
(malleable cast iron)

Korea (Rep. of)
Thailand

Salmon (AD/AS)

Norway

PET (polyethylene
terephthalate) (AD/AS)

India
Indonesia

Polyester staple fibres

India

Commission Dec.
No 2000/522/EC
26.07.2000

Commission Dec.
No 2000/523/EC
10.08.2000

Commission Dec.
No 2000/744/EC
30.10.2000

Commission Dec.
No 2000/745/EC
29.11.2000

Commission Dec.
No 2000/818/EC
19.12.2000

L 208
18.08.2000
p. 47

L 208
18.08.2000
p. 53

L 301
30.11.2000
p. 82

L 301
30.11.2000
p. 88

L 332
28.12.2000
p. 116

Undertakings repealed

Product

Country of
origin

Regulation N°

OJ Reference

Tube and pipe fittings, of iron
or steel

P.R. China
Croatia
Thailand

Commission Dec.
No 2000/453/EC
11.07.2000

L 182
21.07.2000
p. 25

Undertakings repealed with imposition of definitive measures

Product

Country of
origin

Regulation N°

OJ Reference

Binder or baler twine
(polypropylene)

Poland

Salmon (AD/AS)

Norway

Council Reg.
(EC) No 968/2000
08.05.2000

Council Reg.
(EC) No 1783/2000
16.08.2000

L 112
11.05.2000
p. 1

L 208
18.08.2000
p. 1

152

Undertakings withdrawn

Product

Country of
origin

Regulation N°

OJ Reference

Flat pallets of wood

Poland

Commission Dec.
No 2000/437/EC
27.06.2000

L 175
14.07.2000
p. 93

153

ANNEX N

MEASURES WHICH EXPIRED

DURING THE PERIOD 1 JANUARY – 31 DECEMBER 2000

Product

Country of origin

Microwave ovens

P.R. China
Korea (Rep. of)
Malaysia
Thailand

Original measure
&
OJ Reference

Council Reg.
(EC) No 5/96
(OJ L 2,
04.01.2000)

Publication

C 374
28.12.2000
p. 9

154

ANNEX O

DEFINITIVE ANTI-DUMPING MEASURES IN FORCE ON 31 DECEMBER 2000

A. RANKED BY PRODUCT

Product

Origin

Measure

Regulation N°

Publication

Advertising matches

Japan

Ammonium nitrate

Russia

Duties

Duties

Artificial corundum

P.R. China

Duties

Bed linen (cotton-type)

Egypt
India
Pakistan

Duties

Bicycles

P.R. China

Duties

Indonesia
Malaysia
Thailand

Taiwan

Duties

Duties

155

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 554/2000
13.03.2000
Council Reg.
(EC) No 1524/2000
10.07.2000
and extended to
bicycle parts by
Council Reg.
(EC) No 71/97
10.01.97

Council Reg.
(EC) No 648/96
28.03.96

Council Reg.
(EC) No 397/99
22.02.99
as last amended by
Council Reg.
(EC) No 1099/2000
22.05.2000

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 68
16.03.2000
p. 1
L 175
14.07.2000
p. 39

L 16
18.01.97
p. 1

L 91
12.04.96
p. 1

L 49
25.02.99
p. 1

L 125
26.05.2000
p. 1

Binder or baler twine
(polypropylene)

Poland
Czech Rep.
Hungary

Duties

Poland
Czech Rep.
Hungary

Undertakings

Black colorformers

Japan

Duties

Chamottes (refractory)

P.R. China

Duties

Coke of coal in pieces with a
diameter of more than 80 mm

P.R. China

Duties

Colour television picture tubes
(cathode-ray)

India
Korea (Rep. of)

Duties

Coumarin

P.R. China

Duties

Electronic weighing scales

Japan

Duties

Singapore

Duties

Ethanolamines

P.R. China
Korea (Rep. of)
Taiwan
USA

Duties

Duties

156

Council Reg.
(EC) No 603/99
15.03.99
as last amended by
Council Reg.
(EC) No 968/2000
08.05.2000

Commission Dec.
No 1999/215/EC
16.03.99
as last amended by
Commission Dec.
No 2000/324/EC
25.04.2000
Council Reg.
(EC) No 2263/2000
09.10.2000
Council Reg.
(EC) No 137/96
22.01.96
Commission Dec.
No 2730/2000/ECSC
14.12.2000
Council Reg.
(EC) No 2313/2000
17.10.2000
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 2605/2000
27.11.2000
Council Reg.
(EC) No 1603/2000
20.07.2000

L 75
20.03.99
p. 1

L 112
11.05.2000
p. 1

L 75
20.03.99
p. 34

L 112
11.05.2000
p. 65
L 259
13.10.2000
p. 1
L 21
27.01.96
p. 1
L 316
15.12.2000
p. 30
L 267
20.10.2000
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 301
30.11.2000
p. 42
L 185
25.07.2000
p. 1

Ferro-silico-manganese

Ferro-silicon

Duties

Undertaking
Duties

P.R. China
Ukraine

Ukraine
Brazil
Kazakhstan
Ukraine
Venezuela
Russia

P.R. China

Duties

Flat pallets of wood

Poland

Duties

Poland

Undertakings

Flat rolled products of iron or
non-alloy steel (hot rolled
coils)

Duties

Bulgaria
India
South Africa
Taiwan
Yugoslavia (F.R.)

Fluorspar

Footwear (with textile uppers)

Footwear (with uppers of
leather or plastics)

Bulgaria
India
South Africa
P.R. China

P.R. China
Indonesia

P.R. China
Indonesia
Thailand

Undertakings

Duties

Duties

Duties

157

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
Council Reg.
(EC) No 2334/97
24.11.97
as last amended by
Council Reg.
(EC) No 1521/2000
10.07.2000

Commission Reg.
(EC) No 1023/97
06.06.97
as last amended by
Commission Dec.
2000/437/EC
27.06.2000
Commission Dec.
No 283/2000/ECSC
04.02.2000
corrected by
Commission Dec.
No 2209/2000/ECSC
22.09.2000

Council Reg.
(EC) No 2011/2000
18.09.2000
Council Reg.
(EC) No 2155/97
29.10.97
Council Reg.
(EC) No 467/98
23.02.98

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
L 324
27.11.97
p. 1

L 175
14.07.2000
p. 1

L 150
07.06.97
p. 4
L 175
14.07.2000
p. 93

L 31
05.02.2000
p. 15

L 240
23.09.2000
p. 12

L 241
26.09.2000
p. 5
L 298
01.11.97
p. 1
L 60
28.02.98
p. 1

Furfuraldehyde

P.R. China

Duties

Glyphosate

P.R. China

Duties

Grain-oriented electrical steel
sheets

Russia

Duties
Undertakings

Handbags (leather)

P.R. China

Duties

Hardboard

Hot-rolled flat products of
non-alloy steel (quarto plates)

Lighters (non-refillable)

Bulgaria
Estonia
Latvia
Lithuania
Poland
Russia

Bulgaria
Estonia
Latvia
Lithuania
Poland
P.R. China
India
Romania

India
Romania
P.R. China

Council Reg.
(EC) No 2722/99
17.12.99
Council Reg.
(EC) No 368/98
16.02.98
as last amended by
Council Reg.
(EC) No 1086/2000
22.05.2000
Commission Dec.
No 303/96/ECSC
19.02.96
Council Reg.
(EC) No 1567/97
01.08.97
as last amended by
Council Reg.
(EC) No 175/2000
24.01.2000
Council Reg.
(EC) No 194/99
25.01.99

L 328
22.12.99
p. 1
L 47
18.02.98
p. 1

L 124
25.05.2000
p. 1
L 42
20.02.96
p. 7
L 208
02.08.97
p. 31

L 22
27.01.2000
p. 25
L 22
29.01.99
p. 16

Duties

Undertakings

Commission Dec.
No 1999/71/EC
06.01.99

L 22
29.01.99
p. 71

Duties

Commission Dec.
No 1758/2000/ECSC
09.08.2000

L 202
10.08.2000
p. 21

Undertakings

Duties

158

Council Reg.
(EC) No 1006/95
03.04.95
extended to lighters
(non-refillable) from
Taiwan and to lighters
(refillable) from
China and Taiwan by
Council Reg.
(EC) No 192/99
25.01.99

L 101
04.05.95
p. 38

L 22
29.01.99
p. 1

Mexico
Philippines
Thailand

Duties

Magnesium (deadburned)

Mexico
Philippines
Thailand
P.R. China

Undertakings

Duties

Magnesium (unwrought,
unalloyed)

P.R. China

Duties

Russia
Ukraine

Russia
Ukraine

Duties

Undertakings

Magnesium oxide (caustic
magnesite)

Magnetic disks (3,5”
microdisks)

P.R. China

Duties

P.R. China
Japan
Taiwan

Duties

Hong Kong
Korea (Rep. of)

Duties

159

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 360/2000
14.02.2000
Council Reg.
(EC) No 2402/98
03.11.98
as last amended by
Council Reg.
(EC) No 2788/2000
18.12.2000

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
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

L 65
06.03.97
p. 1

L 204
31.07.97
p. 7

L 65
06.03.97
p. 54
L 46
18.02.2000
p. 1
L 298
07.11.98
p. 1

L 324
21.12.2000
p. 4

L 174
12.07.96
p. 1

L 174
12.07.98
p. 32
L 159
25.06.99
p. 1
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

Malaysia
Mexico
USA

Duties

Indonesia

Duties

Monosodium glutamate

Peroxidisulphates

Personal fax machines

PET (polyethylene
terephthalate)

Brazil
Vietnam
Korea (Rep. of)
Taiwan
P.R. China

P.R. China
Japan
Korea (Rep. of)
Malaysia
Singapore
Taiwan
Thailand
India
Indonesia
Korea (Rep. of)
Malaysia
Taiwan
Thailand

India
Indonesia

Polyester staple fibre

Belarus

Duties

160

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 2051/98
24.09.98

Council Reg.
(EC) No 2961/95
18.12.95
Council Reg.
(EC) No 904/98
27.04.98

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 264
29.09.98
p. 1

L 308
21.12.95
p. 61
L 128
30.04.98
p. 1

Duties

Duties

Duties

Duties

Council Reg.
(EC) No 2604/2000
27.11.2000

L 301
30.11.2000
p. 21

Undertakings

Commission Dec.
No 2000/745/EC
29.11.2000
Council Reg.
(EC) No 1490/96
23.07.96
extended to polyester
filament tow by
Council Reg.
(EC) No 2513/97
15.12.97

L 301
30.11.2000
p. 88
L 189
30.07.96
p. 13

L 346
17.12.97
p. 1

Polyester staple fibres

India
Korea (Rep. of)

Duties

India

Undertakings

Polyester textured filament
yarns (PTY)

Taiwan

Duties

Indonesia
Thailand

Duties

Malaysia

Duties

Polyester yarns (PTY/POY)

Turkey

Duties

Polysulphide polymers

USA

Potassium chloride

Potassium permanganate

Belarus
Russia
Ukraine
P.R. China

India
Ukraine

Duties

Duties

Duties

Duties

161

Council Reg.
(EC) No 2852/2000
22.12.2000

Commission Dec.
No 2000/818/EC
19.12.2000
Council Reg.
(EC) No 1074/96
10.06.96
as last amended by
Council Reg.
(EC) No 2010/2000
18.09.2000

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
as last amendec y
Council Reg.
(EC) No 1992/2000
18.09.2000
Council Reg.
(EC) No 1074/96
10.06.96
as last amended by
Council Reg.
(EC) No 2010/2000
18.09.2000
Council Reg.
(EC) No 1965/98
09.09.98
Council Reg.
(EC) No 969/2000
08.05.2000
Council Reg.
(EC) No 2819/94
17.11.94

Council Reg.
(EC) No 1507/98
13.07.98

L 332
28.12.2000
p. 17

L 332
28.12.2000
p. 116
L 141
14.06.96
p. 45

L 241
26.09.2000
p. 1

L 289
12.11.96
p. 14

L 236
22.08.98
p. 3

L 145
05.06.97
p. 1

L 238
22.09.2000
p. 1
L 141
14.06.96
p. 45

L 241
26.09.2000
p. 1
L 255
17.09.98
p. 1
L 112
11.05.2000
p. 4
L 298
19.11.94
p. 32

L 200
16.07.98
p. 4

Powdered activated carbon

P.R. China

Duties

Ring binder mechanisms

P.R. China
Malaysia

Duties

Sacks and bags (woven
polyolefin)

P.R. China

Duties

Sacks and bags
(polyethylene/polypropylene)

India
Indonesia
Thailand

Duties

Salmon (farmed Atlantic)
(AD)

Norway

Duties

Norway

Undertakings

Seamless pipes and tubes of
non-alloy steel

Croatia
Ukraine

Duties

Croatia
Ukraine

Undertakings

162

Council Reg.
(EC) No 1006/96
03.06.96
Council Reg.
(EC) No 119/97
20.01.97
as last amended by
Council Reg.
(EC) No 2100/2000
29.09.2000
Council Reg.
(EC) No 2003/97
13.10.97
Council Reg.
(EC) No 1950/97
06.10.97
as last amended by
Council Reg.
(EC) No 2744/2000
14.12.2000
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 2606/2000
27.11.2000

Commission Dec.
No 97/634/EC
26.09.97
as last amended by
Commission Dec.
No 2000/744/EC
30.10.2000
Council Reg.
(EC) No 348/2000
14.02.2000

Commission Dec.
No 2000/137/EC
17.02.2000

L 134
05.06.96
p. 20
L 22
24.01.97
p. 1

L 250
05.10.2000
p. 1
L 284
16.10.97
p. 1
L 276
09.10.97
p. 1

L 316
15.12.2000
p. 67
L 267
30.09.97
p. 1

L 101
16.04.99
p. 1

L 301
30.11.2000
p. 61

L 267
30.09.97
p. 81

L 301
30.11.2000
p. 82
L 45
17.02.2000
p. 1

L 46
18.02.2000
p. 34

Seamless steel pipes and tubes Czech Republic

Duties

Hungary
Poland
Romania
Russia
Slovak Republic

Czech Republic
Hungary
Poland
Romania
Slovak Republic

Undertakings

Russia

Undertakings

P.R. China
Russia
Ukraine

Duties

Russia

Undertakings

Silicon carbide

Silicon metal

P.R. China

Duties

Solutions of urea and
ammonium nitrate

Stainless steel fasteners

Duties

Undertakings

Duties

Algeria
Belarus
Lithuania
Russia
Ukraine

Algeria

P.R. China
India
Korea (Rep. of)
Malaysia
Taiwan
Thailand

Stainless steel wires (= or >
1 mm diameter) (AD)

India

Duties

163

Council Reg.
(EC) No 2320/97
17.11.97
as last amended by
Council Reg.
(EC) No 190/2000
24.01.2000

Commission Dec.
No 97/790/EC
24.10.97

Commission Dec.
No 2000/70/EC
22.12.1999
Council Reg.
(EC) No 1100/2000
22.05.2000

Commission Dec.
No 94/202/EC
09.03.94
prolonged by above
Council Reg.
Council Reg.
(EC) No 2496/97
11.12.97
Council Reg.
(EC) No 1995/2000
18.09.2000

Commission Reg.
(EC) No 617/2000
16.03.2000
Council Reg.
(EC) No 393/98
16.02.98
as last amended by
Council Reg.
(EC) No 2570/2000
20.11.2000
Council Reg.
(EC) No 1600/99
12.07.99

L 322
25.11.97
p. 1

L 23
28.01.2000
p. 1

L 322
25.11.97
p. 63

L 23
28.01.2000
p. 78
L 125
26.05.2000
p. 3

L 94
13.04.94
p. 32

L 345
16.12.97
p. 1
L 238
22.09.2000
p. 15

L 75
24.03.2000
p. 3
L 50
20.02.98
p. 1

L 297
24.11.2000
p. 1
L 189
22.07.99
p. 19

Steel ropes and cables

Styrene-butadiene-styrene
thermosplastic rubber

P.R. China
Hungary
India
Mexico
Poland
South Africa
Ukraine

Hungary
Poland

India
Mexico
South Africa
Ukraine
Taiwan

Synthetic fibre ropes

India

Synthetic fibres of polyester

Taiwan

Synthetic staple fibres of
polyester

Television camera systems

Australia
Indonesia
Thailand
Japan

Televisions (colour)

Malaysia
Singapore
Thailand
Korea (Rep. of)
P.R. China

Duties

Council Reg.
(EC) No 1796/99
12.08.99

L 217
17.08.99
p. 1

Undertakings

Undertakings

Duties

Duties

Duties

Duties

Duties

Duties

Council Reg.
(EC) No 1796/99
12.08.99

Commission Dec.
No 1999/572/EC
13.08.99

Council Reg.
(EC) No 1993/2000
18.09.2000
Council Reg.
(EC) No 1312/98
24.06.98
Council Reg.
(EC) No 1728/99
04.08.99
Council Reg.
(EC) No 1522/2000
10.07.2000
Council Reg.
(EC) No 2042/2000
26.09.2000
as last amended by
Council Reg.
(EC) No 2676/2000
04.12.2000
Council Reg.
(EC) No 710/95
27.03.95
as last amended by
Council Reg.
(EC) No 2584/98
27.11.98

L 217
17.08.99
p. 1

L 217
17.08.99
p. 63

L 238
22.09.2000
p. 4
L 183
26.06.98
p. 1
L 204
04.08.99
p. 3
L 175
14.07.2000
p. 10
L 244
29.09.2000
p. 38

L 308
08.12.2000
p. 1
L 73
01.04.95
p. 3

L 324
02.12.98
p. 1

164

Tube and pipe fitting, of iron
or steel

P.R. China
Croatia
Thailand

Duties

Tube or pipe fittings
(malleable cast iron)

Croatia
Thailand

Undertakings

Duties

Brazil
Czech Rep.
Japan
P.R. China
Korea (Rep. of)
Thailand

Czech Rep.

Undertakings

Korea (Rep. of)
Thailand

Undertakings

Tungsten carbide and fused
tungsten carbide

P.R. China

Duties

Urea

Russia

Urea ammonium nitrate

Poland

Duties

Duties

165

Council Reg.
(EC) No 584/96
11.03.96
as last amended by
Council Reg.
(EC) No 1592/2000
17.07.2000
and extended as
concerns China to
such imports from
Taiwan by
Council Reg;
(EC) No 763/2000
10.04.2000
as last amended by
Council Reg.
(EC) No 2314/2000
17.10.2000

Commission Dec.
No 96/252/EC
01.03.96
as last amended by
Commission Dec.
No 2000/453/EC
11.07.2000
Council Reg.
(EC) No 1784/2000
11.08.2000

Commission Reg.
(EC) No 449/2000
28.02.2000

Commission Dec.
No 2000/523/EC
10.08.2000
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

L 84
03.04.96
p. 1

L 182
21.07.2000
p. 1

L 94
14.04.2000
p. 1

L 267
20.10.2000
p. 15

L 84
03.04.96
p. 46

L 182
21.07.2000
p. 25
L 208
18.08.2000
p. 8

L 55
29.02.2000
p. 3

L 208
18.08.2000
p. 53
L 111
09.04.98
p. 1
L 49
04.03.95
p. 1
L 350
31.12.94
p. 20

Zinc (unwrought unalloyed)

Poland
Russia

Duties

Poland

Undertakings

Council Reg.
(EC) No 1931/97
22.09.97

Commission Dec.
no 97/644/EC
03.09.97

L 272
04.10.97
p. 1

L 272
04.10.97
p. 50

B. RANKED BY COUNTRY

Origin

Product

Measure

Regulation N°

Publication

Algeria

Solutions of urea and
ammonium nitrate

Duties

Australia

Synthetic staple fibres of
polyester

Belarus

Polyester staple fibre

Potassium chloride

Solutions of urea and
ammonium nitrate

Brazil

Ferro-silicon

Undertakings

Duties

Duties

Duties

Duties

Duties

Monosodium glutamate

Duties

166

Council Reg.
(EC) No 1995/2000
18.09.2000

Commission Dec.
(EC) No 617/2000
16.03.2000
Council Reg.
(EC) No 1522/2000
10.07.2000
Council Reg.
(EC) No 1490/96
23.07.96
extended to polyester
filament tow by
Council Reg.
(EC) No 2513/97
15.12.97
Council Reg.
(EC) No 969/2000
08.05.2000
Council Reg.
(EC) No 1995/2000
18.09.2000
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 238
22.09.2000
p. 15

L 75
24.03.2000
p. 3
L 175
14.07.2000
p. 10
L 189
30.07.96
p. 13

L 346
17.12.97
p. 1
L 112
11.05.2000
p. 4
L 238
22.09.2000
p. 15
L 302
09.12.93
p. 1

L 42
14.02.98
p. 1
L 264
29.09.98
p. 1

Tube or pipe fittings
(malleable cast iron)

Duties

Bulgaria

Flat rolled products of iron or
non-alloy steel (hot rolled
coils)

Duties
Undertakings

Hardboard

Duties

P.R. China

Artificial corundum

Bicycles

Undertakings

Duties

Duties

Chamottes (refractory)

Duties

Coke of coal in pieces with a
diameter of more than 80 mm

Coumarin

Duties

Duties

Electronic weighing scales

Duties

Ferro-silico-manganese

Duties

Ferro-silicon

Duties

167

Council Reg.
(EC) No 1784/2000
11.08.2000
Commission Dec.
No 283/2000/ECSC
04.02.2000
corrected by
Commission Dec.
No 2009/2000/ECSC
22.09.2000
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 1524/2000
10.07.2000
and extended to
bicycle parts by
Council Reg.
(EC) No 71/97
10.01.97
Council Reg.
(EC) No 137/96
22.01.96
Commission Dec.
No 2730/2000/ECSC
14.12.2000
Council Reg.
(EC) No 600/96
25.03.96
Council Reg.
(EC) No 2605/2000
27.11.2000
Council Reg.
(EC) No 495/98
23.02.98
Council Reg.
(EC) No 621/94
17.03.94

L 208
18.08.2000
p. 8
L 31
05.02.2000
p. 15

L 240
23.09.2000
p. 12
L 22
29.01.99
p. 16

L 22
29.01.99
p. 71
L 276
09.10.97
p. 9
L 175
14.07.2000
p. 39

L 16
18.01.97
p. 1
L 21
27.01.96
p. 1
L 316
15.12.2000
p. 30
L 86
04.04.96
p. 1
L 301
30.11.2000
p. 42
L 62
03.03.98
p. 1
L 77
19.03.94
p. 48

Fluorspar

Duties

Footwear (with textile uppers)

Duties

Footwear (with uppers of
leather or plastics)

Furfuraldehyde

Glyphosate

Duties

Duties

Duties

Handbags (leather)

Duties

Hot-rolled flat products of
non-alloy steel (quarto plates)

Duties

Lighters (non-refillable)

Duties

Magnesium (deadburned)

Duties

Council Reg.
(EC) No 2011/2000
18.09.2000
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
as last amended by
Council Reg.
(EC) No 1086/2000
22.05.2000
Council Reg.
(EC) No 1567/97
01.08.97
as last amended by
Council Reg.
(EC) No 175/2000
24.01.2000
Commission Dec.
No 1758/2000/ECSC
09.08.2000
Council Reg.
(EC) No 1006/95
03.04.95
extended to lighters
(non-refillable) from
Taiwan and to lighters
(refillable) from
China and Taiwan by
Council Reg.
(EC) No 192/99
25.01.99
Council Reg.
(EC) No 360/2000
14.02.2000

L 241
26.09.2000
p. 5
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 124
25.05.2000
p. 1
L 208
02.08.97
p. 31

L 22
27.01.2000
p. 25
L 202
10.08.2000
p. 21
L 101
04.05.95
p. 38

L 22
29.01.99
p. 1
L 46
18.02.2000
p. 1

168

Council Reg.
(EC) No 2402/98
03.11.98
as last amended by
Council Reg.
(EC) No 2788/2000
18.12.2000
Council Reg.
(EC) No 1334/99
21.06.99
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 2961/95
18.12.95
Council Reg.
(EC) No 904/98
27.04.98
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
as last amended by
Council Reg.
(EC) No 2100/2000
29.09.2000
Council Reg.
(EC) No 2003/97
13.10.97
Council Reg.
(EC) No 1100/2000
22.05.2000
Council Reg.
(EC) No 2496/97
11.12.97

L 298
07.11.98
p. 1

L 324
21.12.2000
p. 4
L 159
25.06.99
p. 1
L 262
21.10.93
p. 4

L 307
02.12.99
p. 1
L 308
21.12.95
p. 61
L 128
30.04.98
p. 1
L 298
19.11.94
p. 32
L 134
05.06.96
p. 20
L 22
24.01.97
p. 1

L 250
05.10.2000
p. 1
L 284
16.10.97
p. 1
L 125
26.05.2000
p. 3
L 345
16.12.97
p. 1

Magnesium (unwrought,
unalloyed)

Duties

Magnesium oxide (caustic
magnesite)

Magnetic disks (3,5”
microdisks)

Duties

Duties

Peroxidisulphates

Duties

Personal fax machines

Duties

Potassium permanganate

Duties

Powdered activated carbon

Duties

Ring binder mechanisms

Duties

Sacks and bags (woven
polyolefin)

Silicon carbide

Silicon metal

Duties

Duties

Duties

169

Stainless steel fasteners

Duties

Steel ropes and cables

Duties

Televisions (colour)

Duties

Tube or pipe fittings
(malleable cast iron)

Tube and pipe fitting, of iron
or steel

Duties

Duties

Croatia

Tungsten carbide and fused
tungsten carbide

Seamless pipes and tubes of
non-alloy steel

Duties

Duties

Undertakings

170

Council Reg.
(EC) No 393/98
16.02.98
as last amended by
Council Reg.
(EC) No 2570/2000
20.11.2000
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 1784/2000
11.08.2000
Council Reg.
(EC) No 584/96
11.03.96
as last amended by
Council Reg.
(EC) No 1592/2000
17.07.2000
and extended as
concerns China to
such imports from
Taiwan by
Council Reg.
(EC) No 763/2000
10.04.2000
as last amended by
Council Reg.
(EC) No 2314/2000
17.10.2000
Council Reg.
(EC) No 771/98
07.04.98
Council Reg.
(EC) No 348/2000
14.02.2000

Commission Dec.
No 2000/137/EC
17.02.2000

L 50
20.02.98
p. 1

L 297
24.11.2000
p. 1
L 217
17.08.99
p. 1
L 73
01.04.95
p. 3

L 324
02.12.98
p. 1
L 208
18.08.2000
p. 8
L 84
03.04.96
p. 1

L 182
21.07.2000
p. 1

L 94
14.04.2000
p. 1

L 267
20.10.2000
p. 15
L 111
09.04.98
p. 1
L 45
17.02.2000
p. 1

L 46
18.02.2000
p. 34

Tube and pipe fitting, of iron
or steel

Duties

Undertakings

Czech Republic

Binder or baler twine
(polypropylene)

Duties

Undertakings

Seamless steel pipes and tubes

Duties

Tube or pipe fittings
(malleable cast iron)

Undertakings

Duties

Undertakings

171

Council Reg.
(EC) No 584/96
11.03.96
as last amended by
Council Reg.
(EC) No 1592/2000
17.07.2000

Commission Dec.
No 96/252/EC
01.03.96
as last amended by
Commission Dec.
No 2000/453/EC
11.07.2000
Council Reg.
(EC) No 603/99
15.03.99
as last amended by
Council Reg.
(EC) No 968/2000
08.05.2000

Commission Dec.
No 1999/215/EC
16.03.99
as last amended by
Commission Dec.
No 2000/324/EC
25.04.2000
Council Reg.
(EC) No 2320/97
17.11.97
as last amended by
Council Reg.
(EC) No 190/2000
24.01.2000

Commission Dec.
No 97/790/EC
24.10.97
Council Reg.
(EC) No 1784/2000
11.08.2000

Commission Reg.
(EC) No 449/2000
28.02.2000

L 84
03.04.96
p. 1

L 182
21.07.2000
p. 1

L 84
03.04.96
p. 46

L 182
21.07.2000
p. 25
L 75
20.03.99
p. 1

L 112
11.05.2000
p. 1

L 75
20.03.99
p. 34

L 112
11.05.2000
p. 65
L 322
25.11.97
p. 1

L 23
28.01.2000
p. 1

L 322
25.11.97
p. 63
L 208
18.08.2000
p. 8

L 55
29.02.2000
p. 3

Egypt

Bed linen (cotton-type)

Duties

Estonia

Hardboard

Duties

Hong Kong

Magnetic disks (3,5”
microdisks)

Undertakings

Duties

Hungary

Binder or baler twine
(polypropylene)

Duties

Undertakings

Seamless steel pipes and tubes

Duties

Undertakings

172

Council Reg.
(EC) No 2398/97
28.11.97
as last amended by
Council Reg.
(EC) No 554/2000
13.03.2000
Council Reg.
(EC) No 194/99
25.01.99

Commission Dec.
No 1999/71/EC
06.01.99
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 603/99
15.03.99
as last amended by
Council Reg.
(EC) No 968/2000
08.05.2000

Commission Dec.
No 1999/215/EC
16.03.99
as last amended by
Commission Dec.
No 2000/324/EC
25.04.2000
Council Reg.
(EC) No 2320/97
17.11.97
as last amended by
Council Reg.
(EC) No 190/2000
24.01.2000

Commission Dec.
No 97/790/EC
24.10.97

L 332
04.12.97
p. 1

L 68
16.03.2000
p. 1
L 22
29.01.99
p. 16

L 22
29.01.99
p. 71
L 236
10.09.94
p. 1

L 307
02.12.99
p. 1
L 75
20.03.99
p. 1

L 112
11.05.2000
p. 1

L 75
20.03.99
p. 34

L 112
11.05.2000
p. 65
L 322
25.11.97
p. 1

L 23
28.01.2000
p. 1

L 322
25.11.97
p. 63

Steel ropes and cables

Duties
Undertakings

India

Bed linen (cotton-type)

Duties

Colour television picture tubes
(cathode-ray)

Duties

Flat rolled products of iron or
non-alloy steel (hot rolled
coils)

Duties
Undertakings

Hot-rolled flat products of
non-alloy steel (quarto plates)

PET (polyethylene
terephthalate)

Duties

Undertakings
Duties

Undertakings

Polyester staple fibres

Duties

Undertakings

Potassium permanganate

Duties

Sacks and bags
(polyethylene/polypropylene)

Duties

173

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 554/2000
13.03.2000
Council Reg.
(EC) No 2313/2000
17.10.2000
Commission Dec.
No 283/2000/ECSC
04.02.2000
corrected by
Commission Dec.
No 2009/2000/ECSC
22.09.2000
Commission Dec.
No 1758/2000/ECSC
09.08.2000
Council Reg.
(EC) No 2604/2000
27.11.2000

Commission Dec.
No 2000/745/EC
29.11.2000
Council Reg.
(EC) No 2852/2000
22.12.2000

Commission Dec.
No 2000/818/EC
19.12.2000
Council Reg.
(EC) No 1507/98
13.07.98
Council Reg.
(EC) No 1950/97
06.10.97
as last amended by
Council Reg.
(EC) No 2744/2000
14.12.2000

L 217
17.08.99
p. 1
L 91
12.04.96
p. 1

L 68
16.03.2000
p. 1
L 267
20.10.2000
p. 1
L 31
05.02.2000
p. 15

L 240
23.09.2000
p. 12
L 202
10.08.2000
p. 21
L 301
30.11.2000
p. 21

L 301
30.11.2000
p. 88
L 332
28.12.2000
p. 17

L 332
28.12.2000
p. 116
L 200
16.07.98
p. 4
L 276
09.10.97
p. 1

L 316
15.12.2000
p. 67

Council Reg.
(EC) No 393/98
16.02.98
as last amended by
Council Reg.
(EC) No 2570/2000
20.11.2000
Council Reg.
(EC) No 1600/99
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 2861/93
18.10.93
as last amended by
Council Reg.
(EC) No 2537/99
29.11.99
Council Reg.
(EC) No 2604/2000
27.11.2000

Commission Dec.
No 2000/745/EC
29.11.2000

L 50
20.02.98
p. 1

L 297
24.11.2000
p. 1
L 189
22.07.99
p. 19
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

L 307
02.12.99
p. 1
L 301
30.11.2000
p. 21

L 301
30.11.2000
p. 88

Stainless steel fasteners

Duties

Stainless steel wires (= or >
1 mm diameter) (AD)

Duties

Steel ropes and cables

Duties

Synthetic fibre ropes

Indonesia

Bicycles

Undertakings

Duties

Duties

Footwear (with textile uppers)

Duties

Footwear (with uppers of
leather or plastics)

Magnetic disks (3,5”
microdisks)

PET (polyethylene
terephthalate)

Duties

Duties

Duties

Undertakings

174

Polyester textured filament
yarns (PTY)

Duties

Sacks & bags (polyethylene/
polypropylene)

Duties

Synthetic staple fibres of
polyester

Japan

Advertising matches

Black colorformers

Duties

Duties

Duties

Electronic weighing scales

Duties

Magnetic disks (3,5”
microdisks)

Duties

Personal fax machines

Duties

Television camera systems

Duties

Tube or pipe fittings
(malleable cast iron)

Duties

175

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 2744/2000
14.12.2000
Council Reg.
(EC) No 1522/2000
10.07.2000
Council Reg.
(EC) No 2025/97
15.10.97
Council Reg.
(EC) No 2263/2000
09.10.2000
Council Reg.
(EC) No 993/93
26.04.93
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 904/98
27.04.98
Council Reg.
(EC) No 2042/2000
26.09.2000
as last amended by
Council Reg.
(EC) No 2676/2000
04.12.2000
Council Reg.
(EC) No 1784/2000
11.08.2000

L 289
12.11.96
p. 14

L 236
22.08.98
p. 3
L 276
09.10.97
p. 1

L 316
15.12.2000
p. 67
L 175
14.07.2000
p. 10
L 284
16.10.97
p. 1
L 259
13.10.2000
p. 1
L 104
29.04.93
p. 4
L 262
21.10.93
p. 4

L 307
02.12.99
p. 1
L 128
30.04.98
p. 1
L 244
29.09.2000
p. 38

L 308
08.12.2000
p. 1
L 208
18.08.2000
p. 8

Kazakhstan

Ferro-silicon

Duties

Korea (Rep. of)

Colour television picture tubes
(cathode-ray)

Duties

Electronic weighing scales

Duties

Magnetic disks (3,5”
microdisks)

Duties

Monosodium glutamate

Duties

Personal fax machines

Duties

PET (polyethylene
terephthalate)

Duties

Polyester staple fibres

Duties

Stainless steel fasteners

Duties

Televisions (colour)

Duties

176

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 2313/2000
17.10.2000
Council Reg.
(EC) No 2605/2000
27.11.2000
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) 2051/98
24.09.98
Council Reg.
(EC) No 904/98
27.04.98
Council Reg.
(EC) No 2604/2000
27.11.2000
Council Reg.
(EC) No 2852/2000
22.12.2000
Council Reg.
(EC) No 393/98
16.02.98
as last amended by
Council Reg.
(EC) No 2570/2000
20.11.2000
Council Reg.
(EC) No 710/95
27.03.95
as last amended by
Council Reg.
(EC) No 2584/98
27.11.98

L 302
09.12.93
p. 1

L 42
14.02.98
p. 1
L 267
20.10.2000
p. 1
L 301
30.11.2000
p. 42
L 236
10.09.94
p. 1

L 307
02.12.99
p. 1
L 264
29.09.98
p. 1
L 128
30.04.98
p. 1
L 301
30.11.2000
p. 21
L 332
28.12.2000
p. 17
L 50
20.02.98
p. 1

L 297
24.11.2000
p. 1
L 73
01.04.95
p. 3

L 324
02.12.98
p. 1

Tube or pipe fittings
(malleable cast iron)

Duties

Council Reg.
(EC) No 1784/2000
11.08.2000

Latvia

Hardboard

Duties

Undertakings

Lithuania

Hardboard

Duties

Undertakings

Solutions of urea and
ammonium nitrate

Malaysia

Bicycles

Magnetic disks (3,5”
microdisks)

Undertakings

Duties

Duties

Duties

Personal fax machines

Duties

PET (polyethylene
terephthalate)

Polyester textured filament
yarns (PTY)

Duties

Duties

177

Commission Dec.
No 2000/523/EC
10.08.2000
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 1995/2000
18.09.2000
Council Reg.
(EC) No 648/96
28.03.96
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 904/98
27.04.98
Council Reg.
(EC) No 2604/2000
27.11.2000
Council Reg.
(EC) No 1001/97
02.06.97
as last amended by
Council Reg.
(EC) No 1992/2000
18.09.2000

L 208
18.08.2000
p. 8

L 208
18.08.2000
p. 53
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 238
22.09.2000
p. 15
L 91
12.04.96
p. 1
L 92
13.04.96
p. 1

L 307
02.12.99
p. 1
L 128
30.04.98
p. 1
L 301
30.11.2000
p. 21
L 145
05.06.97
p. 1

L 238
22.09.2000
p. 1

Ring binder mechanisms

Duties

Stainless steel fasteners

Duties

Televisions (colour)

Duties

Mexico

Lighters (non-refillable)

Duties

Undertakings

Duties

Magnetic disks (3,5”
microdisks)

Steel ropes and cables

Duties

Undertakings

178

Council Reg.
(EC) No 119/97
20.01.97
as last amended by
Council Reg.
(EC) No 2100/2000
29.09.2000
Council Reg.
(EC) No 393/98
16.02.98
as last amended by
Council Reg.
(EC) No 2570/2000
20.11.2000
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 2861/93
18.10.93
as last amended by
Council Reg.
(EC) No 2537/99
29.11.99
Council Reg.
(EC) No 1796/99
12.08.99

Commission Dec.
No 1999/572/EC
13.08.99

L 22
24.01.97
p. 1

L 250
05.10.2000
p. 1
L 50
20.02.98
p. 1

L 297
24.11.2000
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 307
02.12.99
p. 1
L 217
17.08.99
p. 1

L 217
17.08.99
p. 63

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 2606/2000
27.11.2000

Commission Dec.
No 97/634/EC
26.09.97
as last amended by
Commission Dec.
No 2000/744/EC
30.10.2000
Council Reg.
(EC) No 2398/97
28.11.97
as last amended by
Council Reg.
(EC) No 554/2000
13.03.2000
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

L 267
30.09.97
p. 1

L 101
16.04.99
p. 1

L 301
30.11.2000
p. 61

L 267
30.09.97
p. 81

L 301
30.11.2000
p. 82
L 332
04.12.97
p. 1

L 68
16.03.2000
p. 1
L 65
06.03.97
p. 1

L 204
31.07.97
p. 7

L 65
06.03.97
p. 54

Norway

Salmon (AD)

Duties

Undertakings

Pakistan

Bed linen (cotton-type)

Duties

Philippines

Lighters (non-refillable)

Duties

Undertakings

179

Poland

Binder or baler twine
(polypropylene)

Duties

Undertakings

Flat pallets of wood

Duties

Undertakings

Hardboard

Duties

Undertakings

Seamless steel pipes and tubes

Duties

Undertakings

180

Council Reg.
(EC) No 603/99
15.03.99
as last amended by
Council Reg.
(EC) No 968/2000
08.05.2000

Commission Dec.
No 1999/215/EC
16.03.99
as last amended by
Commission Dec.
No 2000/324/EC
25.04.2000
Council Reg.
(EC) No 2334/97
24.11.97
as last amended by
Council Reg.
(EC) No 1521/2000
10.07.2000

Commission Reg.
(EC) No 1023/97
06.06.97
as last amended by
Commission Dec.
2000/437/EC
27.06.2000
Council Reg.
(EC) No 194/99
25.01.99

Commission Dec.
No 1999/71/EC
06.01.99
Council Reg.
(EC) No 2320/97
17.11.97
as last amended by
Council Reg.
(EC) No 190/2000
24.01.2000

Commission Dec.
No 97/790/EC
24.10.97

L 75
20.03.99
p. 1

L 112
11.05.2000
p. 1

L 75
20.03.99
p. 34

L 112
11.05.2000
p. 65
L 324
27.11.97
p. 1

L 175
14.07.2000
p. 1

L 150
07.06.97
p. 4

L 175
14.07.2000
p. 93
L 22
29.01.99
p. 16

L 22
29.01.99
p. 71
L 322
25.11.97
p. 1

L 23
28.01.2000
p. 1

L 322
25.11.97
p. 63

Steel ropes and cables

Duties
Undertakings

Urea ammonium nitrate

Duties

Zinc (unwrought unalloyed)

Duties

Romania

Hot-rolled flat products of
non-alloy steel (quarto plates)

Seamless steel pipes and tubes

Undertakings

Duties

Undertakings
Duties

Undertakings

Russia

Ammonium nitrate

Duties

Ferro-silicon

Duties

Grain-oriented electrical steel
sheets

Duties
Undertakings

Hardboard

Duties

181

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
Commission Dec.
No 1758/2000/ECSC
09.08.2000
Council Reg.
(EC) No 2320/97
17.11.97
as last amended by
Council Reg.
(EC) No 190/2000
24.01.2000

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
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

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 202
10.08.2000
p. 21
L 322
25.11.97
p. 1

L 23
28.01.2000
p. 1

L 322
25.11.97
p. 63
L 198
23.08.95
p. 1

L 93
26.03.98
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

Magnesium (unwrought,
unalloyed)

Duties

Undertakings

Potassium chloride

Duties

Seamless steel pipes and tubes

Duties

Undertakings

Silicon carbide

Duties

Undertaking

Solutions of urea and
ammonium nitrate

Urea

Duties

Duties

Zinc (unwrought unalloyed)

Duties

Singapore

Electronic weighing scales

Duties

182

Council Reg.
(EC) No 1347/96
02.07.96

Commission Dec.
No 96/422/EC
25.06.96
Council Reg.
(EC) No 969/2000
08.05.2000
Council Reg.
(EC) No 2320/97
17.11.97
as last amended by
Council Reg.
(EC) No 190/2000
24.01.2000

Commission Dec.
No 2000/70/EC
22.12.1999
Council Reg.
(EC) No 1100/2000
22.05.2000

Commission Dec.
No 94/202/EC
09.03.94
prolonged by above
Council Reg.
Council Reg.
(EC) No 1995/2000
18.09.2000
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

L 174
12.07.96
p. 1

L 174
12.07.96
p. 32
L 112
11.05.2000
p. 4
L 322
25.11.97
p. 1

L 23
28.01.2000
p. 1

L 23
28.01.2000
p. 78
L 125
26.05.2000
p. 3

L 94
13.04.94
p. 32

L 238
22.09.2000
p. 15
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

Personal fax machines

Duties

Televisions (colour)

Duties

Slovak Republic

Seamless steel pipes and tubes

Duties

Undertakings

South Africa

Flat rolled products of iron or
non-alloy steel (hot rolled
coils)

Duties
Undertakings

Steel ropes and cables

Duties

Undertakings

Taiwan

Bicycles

Duties

Electronic weighing scales

Duties

183

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
as last amended by
Council Reg.
(EC) No 190/2000
24.01.2000

Commission Dec.
No 97/790/EC
24.10.97
Commission Dec.
No 283/2000/ECSC
04.02.2000
corrected by
Commission Dec.
No 2009/2000/ECSC
22.09.2000
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
as last amended by
Council Reg.
(EC) No 1099/2000
22.05.2000
Council Reg.
(EC) No 2605/2000
27.11.2000

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 23
28.01.2000
p. 1

L 322
25.11.97
p. 63
L 31
05.02.2000
p. 15

L 240
23.09.2000
p. 12
L 217
17.08.99
p. 1

L 217
17.08.99
p. 63
L 49
25.02.99
p. 1

L 125
26.05.2000
p. 1
L 301
30.11.2000
p. 42

Flat rolled products of iron or
non-alloy steel (hot rolled
coils)

Duties

Magnetic disks (3,5”
microdisks)

Duties

Monosodium glutamate

Duties

Personal fax machines

Duties

PET (polyethylene
terephthalate)

Polyester textured filament
yarns (PTY)

Duties

Duties

Stainless steel fasteners

Duties

Styrene-butadiene-styrene
thermosplastic rubber

Duties

Synthetic fibres of polyester

Duties

Thailand

Bicycles

Footwear (with uppers of
leather or plastics)

Duties

Duties

184

Commission Dec.
No 283/2000/ECSC
04.02.2000
corrected by
Commission Dec.
No 2009/2000/ECSC
22.09.2000
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 2051/98
24.09.98
Council Reg.
(EC) No 904/98
27.04.98
Council Reg.
(EC) No 2604/2000
27.11.2000
Council Reg.
(EC) No 1074/96
10.06.96
as last amended by
Council Reg.
(EC) No 2010/2000
18.09.2000
Council Reg.
(EC) No 393/98
16.02.98
as last amended by
Council Reg.
(EC) No 2570/2000
20.11.2000
Council Reg.
(EC) No 1993/2000
18.09.2000
Council Reg.
(EC) No 1728/99
29.07.99
Council Reg.
(EC) No 648/96
28.03.96
Council Reg.
(EC) No 467/98
23.02.98

L 31
05.02.2000
p. 15

L 240
23.09.2000
p. 12
L 262
21.10.93
p. 4

L. 307
02.12.99
p. 1
L 264
29.09.98
p. 1
L 128
30.04.98
p. 1
L 301
30.11.2000
p. 21
L 141
14.06.96
p. 45

L 241
26.09.2000
p. 1
L 50
20.02.98
p. 1

L 297
24.11.2000
p. 1
L 238
22.09.2000
p. 4
L 204
04.08.99
p. 3
L 91
12.04.96
p. 1
L 60
28.02.98
p. 1

Lighters (non-refillable)

Duties

Undertakings

Personal fax machines

Duties

PET (polyethylene
terephthalate)

Polyester textured filament
yarns (PTY)

Duties

Duties

Sacks and bags
(polyethylene/polypropylene)

Duties

Stainless steel fasteners

Duties

Synthetic staple fibres of
polyester

Televisions (colour)

Duties

Duties

185

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 904/98
27.04.98
Council Reg.
(EC) No 2604/2000
27.11.2000
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 2744/2000
14.12.2000
Council Reg.
(EC) No 393/98
16.02.98
as last amended by
Council Reg.
(EC) No 2570/2000
20.11.2000
Council Reg.
(EC) No 1522/2000
10.07.2000
Council Reg.
(EC) No 710/95
27.03.95
as last amended by
Council Reg.
(EC) No 2584/98
27.11.98

L 65
06.03.97
p. 1

L 204
31.07.97
p. 7

L 65
06.03.97
p. 54
L 128
30.04.98
p. 1
L 301
30.11.2000
p. 21
L 289
12.11.96
p. 14

L 236
22.08.98
p. 3
L 276
09.10.97
p. 1

L 316
15.12.2000
p. 67
L 50
20.02.98
p. 1

L 297
24.11.2000
p. 1
L 175
14.07.2000
p. 10
L 73
01.04.95
p. 3

L 324
02.12.98
p. 1

Tube or pipe fittings
(malleable cast iron)

Duties

Undertakings

Tube and pipe fitting, of iron
or steel

Duties

Undertakings

Turkey

Polyester yarns (POY/PTY)

Duties

Ukraine

Ferro-silico-manganese

Ferro-silicon

Duties
Undertakings

Duties

Magnesium (unwrought,
unalloyed)

Duties

Undertakings

Potassium chloride

Duties

186

Council Reg.
(EC) No 1784/2000
11.08.2000

Commission Dec.
No 2000/523/EC
10.08.2000
Council Reg.
(EC) No 584/96
11.03.96
as last amended by
Council Reg.
(EC) No 1592/2000
17.07.2000

Commission Dec.
No 96/252/EC
01.03.96
as last amended by
Commission Dec.
No 2000/453/EC
11.07.2000
Council Reg.
(EC) No 1074/96
10.06.96
as last amended by
Council Reg.
(EC) No 2010/2000
18.09.2000
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 969/2000
08.05.2000

L 208
18.08.2000
p. 8

L 208
18.08.2000
p. 53
L 84
03.04.96
p. 1

L 182
21.07.2000
p. 1

L 84
03.04.96
p. 46

L 182
21.07.2000
p. 25
L 141
14.06.96
p. 45

L 241
26.09.2000
p. 1
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 112
11.05.2000
p. 4

Potassium permanganate

Duties

Seamless pipes and tubes of
non-alloy steel

Duties

Undertakings

Duties

Duties

Silicon carbide

Solutions of urea and
ammonium nitrate

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

187

Council Reg.
(EC) No 1507/98
13.07.98
Council Reg.
(EC) No 348/2000
14.02.2000

Commission Dec.
No 2000/137/EC
17.02.2000
Council Reg.
(EC) No 1100/2000
22.05.2000
Council Reg.
(EC) No 1995/2000
18.09.2000
Council Reg.
(EC) No 1796/99
12.08.99

Commission Dec.
No 1999/572/EC
13.08.99
Council Reg.
(EC) No 1603/2000
20.07.2000
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 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 45
17.02.2000
p. 1

L 46
18.02.2000
p. 34
L 125
26.05.2000
p. 3
L 238
22.09.2000
p. 15
L 217
17.08.99
p. 1

L 217
17.08.99
p. 63
L 185
25.07.2000
p. 1
L 92
13.04.96
p. 1

L 307
02.12.99
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

Yugoslavia (F.R.)

Flat rolled products of iron or
non-alloy steel (hot rolled
coils)

Duties

Commission Dec.
No 283/2000/ECSC
04.02.2000
corrected by
Commission Dec.
No 2009/2000/ECSC
22.09.2000

L 31
05.02.2000
p. 15

L 240
23.09.2000
p. 12

188

ANNEX P

DEFINITIVE ANTI-SUBSIDY MEASURES IN FORCE ON 31 DECEMBER 2000

A. RANKED BY PRODUCT

Product

Origin

Measure

Regulation N°

Publication

Antibiotics (broad spectrum)
(AS)

India

Flat rolled products of iron or
non-alloy steel (hot rolled
coils) (AS)

PET (polyethylene
terephthalate) (AS)

PET film (polyethylene
terephthalate) (AS)

India
Taiwan

India

India
Malaysia
Thailand

India

India

Salmon (AS)

Norway

Duties

Duties

Undertakings

Duties

Undertakings

Duties

Duties

Norway

Undertakings

189

Council Reg.
(EC) No 2164/98
05.10.98
Commission Dec.
No 284/2000/EC
04.02.2000
corrected by
Commission Dec.
No 2071/2000/ECSC
29.09.2000
Council Reg.
(EC) No 2603/2000
27.11.2000

Commission Dec.
No 2000/745/EC
29.11.2000
Council Reg.
(EC) No 2597/99
06.12.99
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 2606/2000
27.11.2000

Commission Dec.
No 97/634/EC
26.09.97
as last amended by
Commission Dec.
No 2000/744/EC
30.10.2000

L 273
09.10.98
p. 1
L 31
05.02.2000
p. 44

L 246
30.09.2000
p. 32
L 301
30.11.2000
p. 1

L 301
30.11.2000
p. 88
L 316
10.12.99
p. 1
L 267
30.09.97
p. 19

L 101
16.04.99
p. 1

L 301
30.11.2000
p. 61

L 267
30.09.97
p. 81

L 301
30.11.2000
p. 82

Stainless steel bars (AS)

India

Duties

Stainless steel fasteners (AS)

Malaysia
Philippines

Stainless steel wire (= or > 1
mm diameter) (AS)

Stainless steel wires (< 1 mm
diameter) (AS)

India

India

Styrene-butadiene-styrene
thermosplastic rubber (AS)

Taiwan

Synthetic fibres of polyester
(AS)

Australia
Indonesia
Taiwan

B. RANKED BY COUNTRY

Duties

Duties

Duties

Duties

Duties

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 1523/2000
10.07.2000
Council Reg.
(EC) No 1599/99
12.07.99
Council Reg.
(EC) No 1601/99
12.07.99
Council Reg.
(EC) No 1994/2000
18.09.2000
Council Reg.
(EC) No 978/2000
08.05.2000

L 304
14.11.98
p. 1

L 255
30.09.99
p. 8
L 175
14.07.2000
p. 29
L 189
22.07.99
p. 1
L 189
22.07.99
p. 26
L 238
22.09.2000
p. 8
L 113
12.05.2000
p. 1

Origin

Product

Measure

Regulation N°

Publication

Australia

India

Synthetic fibres of polyester
(AS)

Antibiotics (broad spectrum)
(AS)

Flat rolled products of iron or
non-alloy steel (hot rolled
coils) (AS)

Duties

Duties

Duties

Undertakings

PET (polyethylene
terephthalate) (AS)

Duties

Undertakings

190

Council Reg.
(EC) No 978/2000
08.05.2000
Council Reg.
(EC) No 2164/98
05.10.98
Commission Dec.
No 284/2000/ECSC
04.02.2000
corrected by
Commission Dec.
No 2071/2000/ECSC
29.09.2000
Council Reg.
(EC) No 2603/2000
27.11.2000

Commission Dec.
No 2000/745/EC
29.11.2000

L 113
12.05.2000
p. 1
L 273
09.10.98
p. 1
L 31
05.02.2000
p. 44

L 246
30.09.2000
p. 32
L 301
30.11.2000
p. 1

L 301
30.11.2000
p. 88

PET film (polyethylene
terephthalate) (AS)

Duties

Stainless steel bars (AS)

Duties

Stainless steel wire (= or > 1
mm diameter) (AS)

Stainless steel wires (< 1 mm
diameter) (AS)

Synthetic fibres of polyester
(AS)

PET (polyethylene
terephthalate) (AS)

Duties

Duties

Duties

Duties

Stainless steel fasteners (AS)

Duties

Indonesia

Malaysia

Norway

Salmon (AS)

Duties

Undertakings

Philippines

Stainless steel fasteners (AS)

Duties

191

Council Reg.
(EC) No. 2597/99
06.12.99
Council Reg.
(EC) No 2450/98
13.11.98
as last amended by
Council Reg.
(EC) No 2049/99
27.09.99
Council Reg.
(EC) No 1599/99
12.07.99
Council Reg.
(EC) No 1601/99
12.07.99
Council Reg.
(EC) No 978/2000
08.05.2000
Council Reg.
(EC) No 2603/2000
27.11.2000
Council Reg.
(EC) No 1523/2000
10.07.2000
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 2606/2000
27.11.2000

Commission Dec.
(EC) No 634/97
26.09.97
as last amended by
Commission Dec.
No 2000/744/EC
30.10.2000
Council Reg.
(EC) No 1523/2000
10.07.2000

L 316
10.12.99
p. 1
L 304
14.11.98
p. 1

L 255
30.09.99
p. 8
L 189
22.07.99
p. 1
L 189
22.07.99
p. 26
L 113
12.05.2000
p. 1
L 301
30.11.2000
p. 1
L 175
14.07.2000
p. 29
L 267
30.09.97
p. 19

L 101
16.04.99
p. 1

L 301
30.11.2000
p. 61

L 267
30.09.97
p. 81

L 301
30.11.2000
p. 82
L 175
14.07.2000
p. 29

Taiwan

Flat rolled products of iron or
non-alloy steel (hot rolled
coils) (AS)

Duties

Styrene-butadiene-styrene
thermosplastic rubber (AS)

Synthetic fibres of polyester
(AS)

Thailand

PET (polyethylene
terephthalate) (AS)

Duties

Duties

Duties

Commission Dec.
No 284/2000/ECSC
04.02.2000
corrected by
Commission Dec.
No 2071/2000/ECSC
29.09.2000
Council Reg.
(EC) No 1994/2000
18.09.2000
Council Reg.
(EC) No 978/2000
08.05.2000
Council Reg.
(EC) No 2603/2000
27.11.2000

L 31
05.02.2000
p. 44

L 246
30.09.2000
p. 32
L 238
22.09.2000
p. 8
L 113
12.05.2000
p. 1
L 301
30.11.2000
p. 1

192

ANNEX Q

UNDERTAKINGS IN FORCE ON 31 DECEMBER 2000

A. RANKED BY PRODUCT

Product

Origin

Measure

Regulation N°

Publication

Binder or baler twine
(polypropylene)

Poland
Czech Rep.
Hungary

Undertakings

Ferro-silico-manganese

Ukraine

Undertaking

Flat pallets of wood

Poland

Undertakings

Flat rolled products of iron or
non-alloy steel (hot rolled
coils)

Bulgaria
India
South Africa

Undertaking

Flat rolled products of iron or
non-alloy steel (hot rolled
coils) (AS)

India

Undertaking

Grain-oriented electrical steel
sheets

Russia

Hardboard

Bulgaria
Estonia
Latvia
Lithuania
Poland

Undertakings

Undertakings

Commission Dec.
No 1999/215/EC
16.03.99
as last amended by
Commission Dec.
No 2000/324/EC
25.04.2000
Council Reg.
(EC) No 495/98
23.02.98
Commission Reg.
(EC) No 1023/97
06.06.97
as last amended by
Commission Dec.
No 2000/437/EC
27.06.2000
Commission Dec.
No 283/2000/ECSC
04.02.2000
corrected by
Commission Dec.
No 2009/2000/ECSC
22.09.2000
Commission Dec.
No 284/2000/ECSC
04.02.2000
corrected by
Commission Dec.
No 2071/2000/ECSC
29.09.2000
Commission Dec.
No 303/96/ECSC
19.02.96
Commission Dec.
No 1999/71/EC
06.01.99

L 75
20.03.99
p. 34

L 112
11.05.2000
p. 65
L 62
03.03.98
p. 1
L 150
07.06.97
p. 4

L 175
14.07.2000
p. 93
L 31
05.02.2000
p. 15

L 240
23.09.2000
p. 12
L 31
05.02.2000
p. 44

L 246
30.09.2000
p. 32
L 42
20.02.96
p. 7
L 22
29.01.99
p. 71

193

Hot-rolled flat products of
non-alloy steel (quarto plates)

India
Romania

Undertakings

Commission Dec.
No 1758/2000/ECSC
09.08.2000

Lighters (non-refillable)

Magnesium (unwrought,
unalloyed)

PET (polyethylene
terephthalate)

PET (polyethylene
terephthalate) (AS)

Mexico
Philippines
Thailand
Russia
Ukraine

India
Indonesia

India

Undertakings

Undertakings

Undertakings

Undertakings

Polyester staple fibres

India

Undertakings

Salmon (AD)

Norway

Undertakings

Salmon (AS)

Norway

Undertakings

Seamless steel pipes and tubes Czech Republic

Undertakings

Hungary
Poland
Romania
Slovak Republic

Russia

Undertakings

Seamless steel pipes and tubes
of iron or non-alloy steel

Croatia
Ukraine

Undertakings

Commission Dec.
No 97/167/EC
25.02.97
Commission Dec.
No 96/422/EC
25.06.96
Commission Dec.
No 2000/745/EC
29.11.2000
Commission Dec.
No 2000/745/EC
29.11.2000
Commission Dec.
No 2000/818/EC
19.12.2000
Commission Dec.
No 97/634/EC
26.09.97
as last amended by
Commission Dec.
No 2000/744/EC
30.10.2000
Commission Dec.
No 97/634/EC
26.09.97
as last amended by
Commission Dec.
No 2000/744/EC
30.10.2000
Commission Dec.
No 97/790/EC
24.10.97

Commission Dec.
No 2000/70/EC
22.12.1999
Commission Dec.
No 2000/137/EC
17.02.2000

L 202
10.08.2000
p. 21

L 65
06.03.97
p. 54
L 174
12.07.98
p. 32
L 301
30.11.2000
p. 88
L 301
30.11.2000
p. 88
L 332
28.12.2000
p. 116
L 267
30.09.97
p. 81

L 301
30.11.2000
p. 82
L 267
30.09.97
p. 81

L 301
30.11.2000
p. 82
L 322
25.11.97
p. 63

L 23
28.01.2000
p. 78
L 46
18.02.2000
p. 34

194

Silicon carbide

Russia

Undertakings

Solutions of urea and
ammonium nitrate

Steel ropes and cables

Tube or pipe fittings
(malleable cast iron)

Algeria

Undertakings

Hungary
Poland

India
Mexico
South Africa
Ukraine
Czech Rep.

Undertakings

Undertakings

Undertakings

Korea (Rep. of)
Thailand

Undertakings

Tube and pipe fitting, of iron
or steel

Croatia
Thailand

Undertakings

Zinc (unwrought unalloyed)

Poland

Undertakings

Commission Dec.
No 94/202/EC
09.03.94
prolonged by
Council Reg.
(EC) No 1100/2000
22.05.2000
Commission Reg.
(EC) No 617/2000
16.03.2000
Council Reg.
No 1796/99
12.08.99

Commission Dec.
No 1999/572/EC
13.08.99

Commission Reg.
(EC) No 449/2000
28.02.2000

Commission Dec.
No 2000/523/EC
10.08.2000
Commission Dec.
No 96/252/EC
01.03.96
as last amended by
Commission Dec.
No 2000/453/EC
11.07.2000
Commission Dec..
No 97/644/EC
03.09.97

L 94
13.04.94
p. 32

L 125
26.05.2000
p. 3
L 75
24.03.2000
p. 3
L 217
17.08.99
p. 1

L 217
17.08.99
p. 63

L 55
29.02.2000
p. 3

L 208
18.08.2000
p. 53
L 84
03.04.96
p. 46

L 182
21.07.2000
p. 25
L 272
04.10.97
p. 50

195

B. RANKED BY COUNTRY

Origin

Product

Measure

Regulation N°

Publication

Algeria

Bulgaria

Solutions of urea and
ammonium nitrate

Flat rolled products of iron or
non-alloy steel (hot rolled
coils)

Undertakings

Undertakings

Hardboard

Undertakings

Croatia

Seamless pipes and tubes of
iron or non-alloy steel

Undertakings

Tube and pipe fitting, of iron
or steel

Undertakings

Czech Republic

Binder or baler twine
(polypropylene)

Undertakings

Seamless steel pipes and tubes

Undertakings

Tube or pipe fittings
(malleable cast iron)

Undertakings

Estonia

Hardboard

Undertakings

Hungary

Binder or baler twine
(polypropylene)

Undertakings

Commission Reg.
(EC) No 617/2000
16.03.2000
Commission Dec.
No 283/2000/ECSC
04.02.2000
corrected by
Commission Dec.
No 2009/2000/ECSC
22.09.2000
Commission Dec.
No 1999/71/EC
06.01.99
Commission Dec.
No 2000/137/EC
17.02.2000
Commission Dec.
No 96/252/EC
01.03.96
as last amended by
Commission Dec.
No 2000/453/EC
11.07.2000
Commission Dec.
No 1999/215/EC
16.03.99
as last amended by
Commission Dec.
No 2000/324/EC
25.04.2000
Commission Dec.
No 97/790/EC
24.10.97
Commission Reg.
(EC) No 449/2000
28.02.2000
Commission Dec.
No 1999/71/EC
06.01.99
Commission Dec.
No 1999/215/EC
16.03.99
as last amended by
Commission Dec.
No 2000/324/EC
25.04.2000

L 75
24.03.2000
p. 3
L 31
05.02.2000
p. 15

L 240
23.09.2000
p. 12
L 22
29.01.99
p. 71
L 46
18.02.2000
p. 34
L 84
03.04.96
p. 46

L 182
21.07.2000
p. 25
L 75
20.03.99
p. 34

L 112
11.05.2000
p. 65
L 322
25.11.97
p. 63
L 55
29.02.2000
p. 3
L 22
29.01.99
p. 71
L 75
20.03.99
p. 34

L 112
11.05.2000
p. 65

196

Seamless steel pipes and tubes

Undertakings

Steel ropes and cables

Undertakings

India

Flat rolled products of iron or
non-alloy steel (hot rolled
coils)

Undertakings

Flat rolled products of iron or
non-alloy steel (hot rolled
coils) (AS)

Undertakings

Hot-rolled flat products of
non-alloy steel (quarto plates)

Undertakings

PET (polyethylene
terephthalate)

PET (polyethylene
terephthalate) (AS)

Undertakings

Undertakings

Polyester staple fibres

Undertakings

Steel ropes and cables

Undertakings

Indonesia

Korea (Rep. of)

PET (polyethylene
terephthalate)

Tube or pipe fittings
(malleable cast iron)

Undertakings

Undertakings

Latvia

Hardboard

Undertakings

Lithuania

Hardboard

Undertakings

Mexico

Lighters (non-refillable)

Undertakings

197

Commission Dec.
No 97/790/EC
24.10.97
Council Reg.
(EC) No 1796/99
12.08.99
Commission Dec.
No 283/2000/ECSC
04.02.2000
corrected by
Commission Dec.
No 2009/2000/ECSC
22.09.2000
Commission Dec.
No 284/2000/ECSC
04.02.2000
corrected by
Commission Dec.
No 2071/2000/ECSC
29.09.2000
Commission Dec.
No 1758/2000/ECSC
09.08.2000
Commission Dec.
No 2000/745/EC
29.11.2000
Commission Dec.
No 2000/745/EC
29.11.2000
Commission Dec.
No 2000/818/EC
19.12.2000
Commission Dec.
No 1999/572/EC
13.08.99
Commission Dec.
No 2000/745/EC
29.11.2000
Commission Dec.
No 2000/523/EC
10.08.2000
Commission Dec.
No 1999/71/EC
06.01.99
Commission Dec.
No 1999/71/EC
06.01.99
Commission Dec.
No 97/167/EC
25.02.97

L 322
25.11.97
p. 63
L 217
17.08.99
p. 1
L 31
05.02.2000
p. 15

L 240
23.09.2000
p. 12
L 31
05.02.2000
p. 44

L 246
30.09.2000
p. 32
L 202
10.08.2000
p. 21
L 301
30.11.2000
p. 88
L 301
30.11.2000
p. 88
L 332
28.12.2000
p. 116
L 217
17.08.99
p. 63
L 301
30.11.2000
p. 88
L 208
18.08.2000
p. 53
L 22
29.01.99
p. 71
L 22
29.01.99
p. 71
L 65
06.03.97
p. 54

Steel ropes and cables

Undertakings

Norway

Salmon (AD)

Undertakings

Salmon (AS)

Undertakings

Philippines

Lighters (non-refillable)

Undertakings

Poland

Binder or baler twine
(polypropylene)

Undertakings

Flat pallets of wood

Undertakings

Hardboard

Undertakings

Seamless steel pipes and tubes

Undertakings

Steel ropes and cables

Undertakings

Zinc (unwrought unalloyed)

Undertakings

Romania

Hot-rolled flat products of
non-alloy steel (quarto plates)

Undertakings

198

Commission Dec.
No 1999/572/EC
13.08.99
Commission Dec.
No 97/634/EC
26.09.97
as last amended by
Commission Dec.
No 2000/744/EC
30.10.2000
Commission Dec.
(EC) No 634/97
26.09.97
as last amended by
Commission Dec.
No 2000/744/EC
30.10.2000
Commission Dec.
No 97/167/EC
25.02.97
Commission Dec.
No 1999/215/EC
16.03.99
as last amended by
Commission Dec.
No 2000/324/EC
25.04.2000
Commission Reg.
(EC) No 1023/97
06.06.97
as last amended by
Commission Dec.
2000/437/EC
27.06.2000
Commission Dec.
No 1999/71/EC
06.01.99
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 1758/2000/ECSC
09.08.2000

L 217
17.08.99
p. 63
L 267
30.09.97
p. 81

L 301
30.11.2000
p. 82
L 267
30.09.97
p. 81

L 301
30.11.2000
p. 82
L 65
06.03.97
p. 54
L 75
20.03.99
p. 34

L 112
11.05.2000
p. 65
L 150
07.06.97
p. 4

L 175
14.07.2000
p. 93
L 22
29.01.99
p. 71
L 322
25.11.97
p. 63
L 217
17.08.99
p. 1
L 272
04.10.97
p. 50
L 202
10.08.2000
p. 21

Seamless steel pipes and tubes

Undertakings

Russia

Grain-oriented electrical steel
sheets

Undertakings

Magnesium (unwrought,
unalloyed)

Undertakings

Seamless pipes and tubes of
iron or non-alloy steel

Undertakings

Silicon carbide

Undertakings

Slovak Republic

Seamless steel pipes and tubes

Undertakings

South Africa

Flat rolled products of iron or
non-alloy steel (hot rolled
coils)

Undertakings

Steel ropes and cables

Undertakings

Thailand

Lighters (non-refillable)

Undertakings

Tube or pipe fittings
(malleable cast iron)

Undertakings

Tube and pipe fitting, of iron
or steel

Undertakings

Ukraine

Ferro-silico-manganese

Undertakings

Magnesium (unwrought,
unalloyed)

Undertakings

199

Commission Dec.
No 97/790/EC
24.10.97
Commission Dec.
No 303/96/ECSC
19.02.96
Commission Dec.
No 96/422/EC
25.06.96
Commission Dec.
No 2000/70/EC
22.12.1999
Commission Dec.
No 94/202/EC
09.03.94
prolonged by
Council Reg.
(EC) No 1100/2000
22.05.2000
Commission Dec.
No 97/790/EC
24.10.97
Commission Dec.
No 283/2000/ECSC
04.02.2000
corrected by
Commission Dec.
No 2009/2000/ECSC
22.09.2000
Commission Dec.
No 1999/572/EC
13.08.99
Commission Dec.
No 97/167/EC
25.02.97
Commission Dec.
No 2000/523/EC
10.08.2000
Commission Dec.
No 96/252/EC
01.03.96
as last amended by
Commission Dec.
No 2000/453/EC
11.07.2000
Council Reg.
(EC) No 495/98
23.02.98
Commission Dec.
No 96/422/EC
25.06.96

L 322
25.11.97
p. 63
L 42
20.02.96
p. 7
L 174
12.07.96
p. 32
L 23
28.01.2000
p. 78
L 94
13.04.94
p. 32

L 125
26.05.2000
p. 3
L 322
25.11.97
p. 63
L 31
05.02.2000
p. 15

L 240
23.09.2000
p. 12
L 217
17.08.99
p. 63
L 65
06.03.97
p. 54
L 208
18.08.2000
p. 53
L 84
03.04.96
p. 46

L 182
21.07.2000
p. 25
L 62
03.03.98
p. 1
L 174
12.07.96
p. 32

Seamless pipes and tubes of
iron or non-alloy steel

Undertakings

Steel ropes and cables

Undertakings

Commission Dec.
No 2000/137/EC
17.02.2000
Commission Dec.
No 1999/572/EC
13.08.99

L 46
18.02.2000
p. 34
L 217
17.08.99
p. 63

200

ANNEX R

ANTI-DUMPING & ANTI-SUBSIDY INVESTIGATIONS PENDING

ON 31 DECEMBER 2000

Type

Initiation

Initiation

Prov. duty
(not for Lithuania)
Initiation

Initiation

Initiation

Initiation

Initiation

Initiation

Initiation

Publication

C 45
18.02.2000, p. 2
C 311
29.10.99, p. 3

L 187
26.07.2000, p. 12
C 202
15.07.2000, p. 4
C 320
09.11.2000, p. 3
C 214
27.07.2000, p. 4
C 138
17.05.2000, p. 8
C 134
13.05.2000, p. 10

C 148
27.05.2000, p. 22
C 127
05.05.2000, p. 12

Initiation

C 322
11.11.2000, p. 3

A. NEW INVESTIGATIONS (RANKED BY PRODUCT)

Product

Origin

Aluminium foil

Ammonium nitrate

Colour television receivers

Ferro molybdenum

P.R. China
Russia
Lithuania
Poland
Ukraine

Turkey

P.R. China

Gear hubs (internal) for bicycles

Japan

Lamps (integrated electronic compact
fluorescent)
Paracetamol

Polyethylene terephthalate (PET) film

Steel ropes and cables

Stones (worked monumental or building
granite stones)

P.R. China

P.R. China
India
Turkey
USA
India
Korea (Rep. of)
Czech Rep.
Korea (Rep. of)
Malaysia
Russia
Thailand
Turkey
P.R. China
India

201

Urea

Zinc oxides

Belarus
Bulgaria
Croatia
Egypt
Estonia
Lithuania
Libya
Poland
Romania
Ukraine
P.R. China

Initiation

C 301
21.10.2000, p. 2

Initiation

C 366
20.12.2000, p. 7

B. REVIEW INVESTIGATIONS (RANKED BY PRODUCT)

Product

Origin

Type of review

Publication

Ammonium nitrate

Ammonium nitrate

Bicycles

Russia

Russia

Expiry review

Interim review

P.R. China

Interim review

C 239
23.08.2000, p. 10
C 239
23.08.2000, p. 10
C 278
30.09.2000, p. 28
C 227
09.08.2000, p. 15
C 94
01.04.2000, p. 2

Anti-absorption
review
Expiry review

Interim review

C 94
01.04.2000, p. 2

Expiry review

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

Binder or baler twine (polypropylene)

Poland

Colour television receivers

Colour television receivers

Electronic weighing scales

Malaysia
P.R. China
Korea (Rep. of)
Singapore
Thailand
Malaysia
P.R. China
Korea (Rep. of)
Singapore
Thailand
Japan

Electronic weighing scales

Japan

Interim review

Electronic weighing scales

Singapore

Expiry review

Electronic weighing scales

Singapore

Interim review

202

Ferro-silicon

Flat rolled products of iron or non-alloy steel
(hot rolled coils) (AS)
Flat rolled products of iron or non-alloy steel
(hot rolled coils)
Lighters (gas-fuelled, non-refillable)

Brazil
P.R. China
Kazakhstan
Russia
Ukraine
Venezuela
India

India

P.R. China

Expiry review

C 382
09.12.98, p. 9

Accelerated review C 201

New exporter
review
Expiry review

Lighters (gas-fuelled, non-refillable)

Thailand

Interim review

Magnetic disks (3,5” microdisks)

Magnetic disks (3,5” microdisks)

Peroxodisulphates

Personal fax machines

Polyester staple fibres and polyester filament
tow
Polyester textured filament yarn (PTY)

Japan
Taiwan
P.R. China
Hong Kong
Korea (Rep. of)
P.R. China

P.R. China
Japan
Korea (Rep. of)
Malaysia
Singapore
Taiwan
Thailand
Belarus

Expiry review

Expiry review

Expiry review

Interim review

Interim review

Thailand

Interim review

Potassium permanganate

P.R. China

Expiry review

14.07.2000, p. 2
L 252
06.10.2000, p. 3
C 127
05.05.2000, p. 15
C 311
31.10.2000, p. 5
C 322
21.10.98, p. 4

C 256
09.09.99, p. 3
C 366
20.12.2000, p. 5
C 184
01.07.2000, p. 26

C 352
08.12.2000, p. 6
C 170
20.06.2000, p. 4
C 323
11.11.99, p. 5

Stainless steel bars (AS)

Stainless steel bars (AS)

Stainless steel wire (< 1 mm) (AS)

Stainless steel wire (= or > 1 mm) (AS)

Stainless steel wire (= or > 1 mm) (AS)

Television camera systems

Urea

Accelerated review C 311

29.10.99, p. 2

Accelerated review C 61

03.03.2000, p. 3

Accelerated review C 261

15.09.99, p. 4

Accelerated review C 288

09.10.99, p. 45

Accelerated review C 61

Interim review

Expiry review

03.03.2000, p. 2
C 40
12.02.2000, p. 5
C 62
04.03.2000, p. 19

India

India

India

India

India

Japan

Russia

203

Urea ammonium nitrate solution

Urea ammonium nitrate solution

Poland

Poland

Expiry review

Interim review

C 369
21.12.99, p. 22
C 369
21.12.99, p. 22

C. RANKED BY COUNTRY (NEW AND REVIEW INVESTIGATIONS)

Origin

Belarus

Product

Type

Publication

Polyester staple fibres and polyester filament
tow
Urea

Interim review

New investigation

C 352
08.12.2000, p. 6
C 301
21.10.2000, p. 2
C 382
09.12.98, p. 9
C 301
21.10.2000, p. 2
C 45
18.02.2000, p. 2
C 278
30.09.2000, p. 28
C 94
01.04.2000, p. 2
C 94
01.04.2000, p. 2
C 320
09.11.2000, p. 3
C 382
09.12.98, p. 9
C 138
17.05.2000, p. 8
C 127
05.05.2000, p. 15
C 322
21.10.98, p. 4
C 134
13.05.2000, p. 10
C 366
20.12.2000, p. 5
C 184
01.07.2000, p. 26

Brazil

Ferro-silicon

Bulgaria

Urea

China

Aluminium foil

Bicycles

Colour television receivers

Colour television receivers

Ferro molybdenum

Ferro-silicon

Lamps (integrated electronic compact
fluorescent)
Lighters (gas-fuelled, non-refillable)

Expiry review

New investigation

New investigation

Interim review

Expiry review

Interim review

New investigation

Expiry review

New investigation

Expiry review

Magnetic disks (3,5” microdisks)

Expiry review

Paracetamol

Peroxodisulphates

Personal fax machines

New investigation

Expiry review

Interim review

204

Potassium permanganate

Expiry review

Stones (worked monumental or building
granite stones)
Zinc oxides

Croatia

Urea

Czech Rep.

Steel ropes and cables

Egypt

Estonia

Urea

Urea

New investigation

New investigation

New investigation

New investigation

New investigation

New investigation

Hong Kong

Magnetic disks (3,5” microdisks)

Expiry review

C 323
11.11.99, p. 5
C 322
11.11.2000, p. 3
C 366
20.12.2000, p. 7
C 301
21.10.2000, p. 2
C 127
05.05.2000, p. 12
C 301
21.10.2000, p. 2
C 301
21.10.2000, p. 2
C 256
09.09.99, p. 3

India

Flat rolled products of iron or non-alloy steel
(hot rolled coils) (AS)
Flat rolled products of iron or non-alloy steel
(hot rolled coils)
Paracetamol

New exporter
review
New investigation

Accelerated review C 201

Polyethylene terephthalate (PET) film

New investigation

14.07.2000, p. 2
L 252
06.10.2000, p. 3
C 134
13.05.2000, p. 10
C 148
27.05.2000, p. 22

Stainless steel bars (AS)

Accelerated review C 311

29.10.99, p. 2

Stainless steel bars (AS)

Accelerated review C 61

03.03.2000, p. 3

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

09.10.99, p. 45

Stainless steel wire (= or > 1 mm) (AS)

Accelerated review C 61

Japan

Stones (worked monumental or building
granite stones)
Electronic weighing scales

Electronic weighing scales

New investigation

Expiry review

Interim review

Gear hubs (internal) for bicycles

New investigation

Magnetic disks (3,5” microdisks)

Expiry review

Personal fax machines

Television camera systems

Interim review

Interim review

03.03.2000, p. 2
C 322
11.11.2000, p. 3
C 128
25.04.98, p. 11
C 128
25.04.98, p. 11
C 214
27.07.2000, p. 4
C 322
21.10.98, p. 4
C 184
01.07.2000, p. 26
C 40
12.02.2000, p. 5

205

Kazakhstan

Ferro-silicon

Korea (Rep. of)

Colour television receivers

Colour television receivers

Expiry review

Expiry review

Interim review

Magnetic disks (3,5” microdisks)

Expiry review

Personal fax machines

Interim review

Polyethylene terephthalate (PET) film

New investigation

Steel ropes and cables

Libya

Urea

Lithuania

Ammonium nitrate

Urea

Malaysia

Colour television receivers

Colour television receivers

Personal fax machines

Steel ropes and cables

Poland

Ammonium nitrate

New investigation

New investigation

Initiation

New investigation

Expiry review

Interim review

Interim review

New investigation

New investigation

Prov. duty

Binder or baler twine (polypropylene)

Anti-absorption

Urea

New investigation

Urea ammonium nitrate solution

Expiry review

Urea ammonium nitrate solution

Interim review

Romania

Urea

Russia

Aluminium foil

Ammonium nitrate

Ammonium nitrate

Ferro-silicon

New investigation

New investigation

Expiry review

Interim review

Expiry review

206

C 382
09.12.98, p. 9
C 94
01.04.2000, p. 2
C 94
01.04.2000, p. 2
C 256
09.09.99, p. 3
C 184
01.07.2000, p. 26
C 148
27.05.2000, p. 22
C 127
05.05.2000, p. 12
C 301
21.10.2000, p. 2
C 311
29.10.99, p. 3
C 301
21.10.2000, p. 2
C 94
01.04.2000, p. 2
C 94
01.04.2000, p. 2
C 184
01.07.2000, p. 26
C 127
05.05.2000, p. 12
C 311
29.10.99, p. 3

L 187
26.07.2000, p. 12
C 227
09.08.2000, p. 15
C 301
21.10.2000, p. 2
C 369
21.12.99, p. 22
C 369
21.12.99, p. 22
C 301
21.10.2000, p. 2
C 45
18.02.2000, p. 2
C 239
23.08.2000, p. 10
C 239
23.08.2000, p. 10
C 382
09.12.98, p. 9

Steel ropes and cables

New investigation

Urea

Singapore

Colour television receivers

Colour television receivers

Electronic weighing scales

Electronic weighing scales

Personal fax machines

Expiry review

Expiry review

Interim review

Expiry review

Interim review

Interim review

Taiwan

Magnetic disks (3,5” microdisks)

Expiry review

Personal fax machines

Thailand

Colour television receivers

Colour television receivers

Interim review

Expiry review

Interim review

Lighters (gas-fuelled, non-refillable)

Interim review

Personal fax machines

Interim review

Polyester textured filament yarn (PTY)

Interim review

Steel ropes and cables

New investigation

Turkey

Colour television receivers

New investigation

Paracetamol

Steel ropes and cables

Ukraine

Ammonium nitrate

Ferro-silicon

Urea

USA

Paracetamol

Venezuela

Ferro-silicon

New investigation

New investigation

Initiation

Prov. duty

Expiry review

New investigation

New investigation

Expiry review

207

C 127
05.05.2000, p. 12
C 62
04.03.2000, p. 19
C 94
01.04.2000, p. 2
C 94
01.04.2000, p. 2
C 324
22.10.98, p. 4
C 324
22.10.98, p. 4
C 184
01.07.2000, p. 26
C 322
21.10.98, p. 4
C 184
01.07.2000, p. 26
C 94
01.04.2000, p. 2
C 94
01.04.2000, p. 2
C 311
31.10.2000, p. 5
C 184
01.07.2000, p. 26
C 170
20.06.2000, p. 4
C 127
05.05.2000, p. 12
C 202
15.07.2000, p. 4
C 134
13.05.2000, p. 10
C 127
05.05.2000, p. 12
C 311
29.10.99, p. 3

L 187
26.07.2000, p. 12
C 382
09.12.98, p. 9
C 301
21.10.2000, p. 2
C 134
13.05.2000, p. 10
C 382
09.12.98, p. 9

ANNEX S

REFUNDS DURING THE PERIOD 1 JANUARY - 31 DECEMBER 2000

LODGED

PRODUCT

ORIGIN

REFERENCE

Leather handbags

Stainless steel fasteners

PR China

PR China

R17/03

R21/01

ANALYSIS UNDERWAY

PRODUCT

ORIGIN

REFERENCE

Iron & steel sheets

DRAMs

Wooden pallettes

Wooden pallettes

Bed linen

Leather handbags

Leather handbags

Bicycles

Bicycles

Synthetic rope

Stainless steel fasteners

FYROM

Japan

Poland

Poland

India

PR China

PR China

China

China

India

PR China

R1/01

R3/15

R15/01

R15/02

R16/01

R17/02

R17/03

R19/01

R19/02

R20/01

R21/01

DECISIONS ADOPTED

PRODUCT

ORIGIN

DECISION

REFERENCE

DRAMs

Large aluminium capacitors

Cotton yarn

PSF and PFT

Leather handbags

Tungstic oxide

Korea (Rep.
of)

Japan

Turkey

Belarus

PR China

PR China

Full refund

R3/13

Partial refund R5/03-5&6

No refund

R8/01

Partial refund R14/01

Partial refund R17/01

No refund

R18/01

208

ANNEX T

COURT CASES

A.

COURT CASES PENDING BEFORE THE COURT OF JUSTICE AND THE COURT OF FIRST
INSTANCE OF THE EUROPEAN COMMUNITIES ON 31 DECEMBER 2000

Case C-46/98P

EFMA & Council (Appeal T-121/95)

Court of Justice

Case C-76/98 & C-77/98P

Nutrasweet/Ajinomoto & Council (Appeal T-159 & 160/94)

Case C-239/99

Nachi Europe v. Hauptzollamt Krefeld (Preliminary ruling)

Case C-76/00P

Petrotub and Republic & Council (Appeal T-33 & 34/98)

Case C-472/00P

Fresh Marine v. Commission (Appeal T-178/98)

Case T-598/97

British Shoe v. Council

Court of First Instance

Case T-88/98

Kundan Industries Ltd. and Tata International Ltd. v. Council

Case T-192/98

EUROCOTON v. Council

Case T-195/98

Ettlin Spinnerei AG v. Council

Case T-58/99

Munkand v. Council

Case T-188/99

Euroalliages v. Commission

Case T-340/99

Arne Mathisen AS v. Council

Case T-82/00

Case T-89/00

Bic SA, Flamagaz SA, Swedish Match SA v. Council

Europe ChemiCon GmbH v. Council

Case T-177/00

Philips v. Council

Case T-226/00 & 227/00

Far Eastern Textiles Ltd. & Nan Ya Plastics Corp. v. Council

209

B.

JUDGMENTS,  ORDERS  AND  OTHER  DECISIONS  RENDERED  BY  THE  COURT  OF
JUSTICE  AND  THE  COURT  OF  FIRST  INSTANCE  OF  THE  EUROPEAN  COMMUNITIES
DURING 2000

Court of Justice

Case C-458/98P

IPS & Council (Appeal T-2/95)

Court of First Instance

Case T-256/97

BEUC v. Commission

Case T-96/98

BEUC v. Commission

Case T-104/99

AS Bolderaja & Co. v. Council

Case T-37/98

FTA v. Council

Case T-51/96

MIWON v. Council

Case T-597/97

EUROMIN v. Council

Case T-7/99

Medici Grim KG v. Council

Case T-74/97

Buchel & Co. v. Council

Case T-75/97

Buchel & Co v. Commission

Case T-80/97

Starway v. Council

Case T-87/98

International Potash v. Council

Case T-178/98

Fresh Marine Company v. Commission

Case T-155/00

Achema v. Commission

Case T-213/97

Eurocoton v. Council

210

ANNEX U

ANTI-DUMPING AND ANTI-SUBSIDY INVESTIGATIONS OF THIRD COUNTRIES

CONCERNING IMPORTS FROM THE COMMUNITY OR ITS MEMBER STATES

A.

ANTI-DUMPING INVESTIGATIONS

Anti-dumping measures in force at the beginning of 2000

Country

Product

Member States
concerned

Date of
imposition

USA

USA

USA

USA

USA

USA

USA

USA

USA

USA

USA

USA

USA

USA

USA

USA

USA

USA

USA

USA

USA

USA

Large power transformers

Stainless steel plate

France

Sweden

Pressure sensitive plastic tape

Italy

Animal glue and inedible
gelatin

Germany

Viscose rayon staple fibre

Finland

Sugar

EU, Belgium, France,
Germany

Anhydrous sodium metasilicate France

Barium carbonate

Germany

Sorbitol

Industrial nitrocellulose

Potassium permanganate

Stainless steel wire rod

France

France

Spain

France

Brass fire protection equipment Italy

14 June 1972

8 June 1973

21 October 1977

22 December 1977

21 March 1979

13 June 1979

7 January 1981

25 June 1981

9 April 1982

10 August 1983

19 January 1984

28 January 1984

1 March 1985

Brass sheet and strip

France, Germany, Italy

6 March 1987

Industrial phosphoric acid

Belgium

20 August 1987

Seamless stainless steel hollow
products

Sweden

3 December 1987

Brass sheet and strip

Netherlands, Spain

12 August 1988

Granular
polytetrafluoroethylene resin

Italy

Manganese dioxide

Greece

Spherical plain bearings

France, Germany

Ball bearings

Cylindrical roller bearings

France, Germany, Italy,
UK

France, Germany, Italy,
Spain, UK

30 August 1988

17 April 1989

15 May 1989

15 May 1989

15 May 1989

211

USA

USA

USA

USA

USA

USA

USA

USA

USA

USA

USA

USA

USA

USA

USA

USA

Antifriction bearings

France, Germany Italy,
Sweden, UK

15 May 1989

Industrial belts

Industrial nitrocellulose

Sulfur chemicals

Germany, Italy

Germany, UK

Germany, UK

14 June 1989

10 July 1990

19 February 1991

Hot rolled lead and bismuth
carbon steel

Corrosion-resistant carbon steel
flat products

France, Germany

22 March 1993

France, Germany

19 August 1993

Cut-to-length carbon steel plate Belgium, Finland, Spain,

19 August 1993

Cold rolled carbon steel flat
products

Sweden, UK

Germany, Netherlands

19 August 1993

Calcium aluminate cement and
cement clinker

France

Aramid fibres

Netherlands

Grain-oriented silicon electrical
steel

Italy

13 June 1994

24 June 1994

12 August 1994

Colour negative photo paper
and chemicals

Netherlands

12 August 1994

Stainless steel bar

Spain

Seamless line and pressure pipe Germany, Italy

Standard (seamless) line and
pressure pipe

Oil country tubular goods

New Zealand G-Clamps

South Africa

PVC cling film

USA

USA

Certain pasta

Large newspapers printing
presses

Australia

A4 copy paper

Philippines

Newsprint

South Africa

Supension PVC

Malaysia

Australia

Paper self copy

Canned tomatos

South Africa

Calcium acetate

India

Acrylonitrile butadiene rubber
(ABR)

Germany, Italy

Italy

UK

France

Italy

2 March 1995

3 August 1995

3 August 1995

11 August 1995

19 December 1995

26 April 1996

24 July 1996

Germany

4 September 1996

Finland

Finland

France, UK

EU

Italy

Netherlands

Germany

18 December 1996

26 December 1996

27 March 1997

20 April 1997

29 April 1997

25 July 1997

30 July 1997

South Africa

Circuit breakers

France, Italy

08 August 1997

Australia

Polyvinyl chloride

Finland, Germany

21 October 1997

South Africa Acrylic fibers

Portugal

24 December 1997

212

South Africa

Paper woodfree

India

Catalysts

Sweden

Denmark

South Africa Glass microspheres

Austria, UK

New Zealand Canned peaches

Korea (Rep. of) Carbonless self-copy paper

Germany

Germany

Malaysia

Australia

India

Paper corrugating medium

EU

Paper woodfree coated

Finland, Germany

Graphite electrodes

Austria, Belgium,
France, Germany, Italy,
Spain

Australia

Paper woodfree coated

Philippines

Magnesite based refractory
Bricks

Austria

Germany

13 January 1998

2 February 1998

27 February 1998

9 March 1998

10 March 1998

3 April 1998

1 May 1998

5 May 1998

9 May 1998

9 June 1998

Argentina

Drills

Italy

12 September 1998

USA

Israel

Stainless steel wire rod

Spain, Italy, Sweden

15 September 1998

Woven pile weather stripping

Spain, UK

15 November 1998

Australia

Wound skin closure strips

Finland, Germany

17 December 1998

Acrylic fibers

Italy, Spain, Portugal

24 December 1998

Woven polypropilene

Belgium

28 January 1999

A4 copy paper

Finland, Germany

17 February 1999

Woven polypropilene

Belgium, UK

South Africa Hypodermic needles

Belgium, Germany,
Ireland, Spain

17 February 1999

12 March 1999

X- ray film

Germany

15 March 1999

Stainless steel plate in coils

Belgium, Italy

South Africa Acetaminophenol

Polycarbonates

France

Germany

Stainless steel sheet and strip in
coils

Finland, France,
Germany, Italy UK

India

Australia

Australia

Australia

Poland

USA

Brazil

USA

Mexico

India

Egypt

Crystal polystyrene

PTBC

Tires for motor cars

South Africa

Calcium proprionate

Colombia

Argentina

Fertilizers

Floor tiles

South Africa

Selfcopy Paper

21 May 1999

18 June 1999

22 July 1999

27 July 1999

23 September 1999

4 October 1999

4 October 1999

15 October 1999

16 October 1999

12 November 1999

17 December 1999

EU

France

Finland, EU

Netherlands

Belgium

Italy

UK

213

Anti-dumping initiations prior to 2000 and pending end 2000

Country

Product

Colombia

Tins

Brazil

Brazil

Polycarbonates

Insulin products

Brazil
Czech Republic Salt

Milk

Brazil

Methyl methacrylate

Member States
concerned

Netherlands

Germany

Denmark, France

EU

EU, Germany

France, Germany,
Spain, UK

Date of
initiation

14 May 1999

22 July 1999

10 August 1999

25 August 1999

1 September 1999

14 September 1999

Anti-dumping initiations in 2000

Country

Product

Member States
concerned

India

Bisphenol-A

New Zealand

G-clamps

EU

UK

Date of
initiation
10 January 2000

24 January 2000

Belgium, UK

29 February 2000

Isopropyl alcohol

Netherlands

Australia

India

Indonesia

Australia

India

India

India

India

India

Egypt

Woven polypropylene
(carpet backing)

Hydroxyl amine sulphate

Wheat flour

Tin plate

Caustic Soda

Aniline

Sodium ferro cyanide

Theophilline and caffeine

Carbon black

Argentina

Washing machines

South Africa

PVC based roll goods

New Zealand

Tamoxifen citrate

UK

Brazil

USA

Blood collection vacuum
tubes

Stainless steel angle

Argentina

Tailings

South Africa

Ropes and cables of iron
and steel

214

EU

EU

UK

France

EU

EU

EU

Italy

Italy

Germany,
Netherlands

Austria, UK

Spain

Spain

2 March 2000

22 March 2000

30 March 2000

26 May 2000

29 May 2000

12 June 2000

13 June 2000

11 July 2000

24 August 2000

24 August 2000

25 August 2000

30 August 2000

30 August 2000

14 September 2000

21 September 2000

Germany, Spain, UK

22 September 2000

USA

Stainless steel bars

France, Germany,
Italy, UK

Argentina

Saw blades

UK

USA

Canada

Hot rolled steel products

Netherlands

Certain corrosion-resistant
steel sheet

Portugal

Argentina

Agricultural machines

Spain

China

USA

Methylene chloride

Low enriched uranium

France, Germany,
Netherlands, UK

France, Germany,
Netherlands, UK

16 October 2000

7 November 2000

13 November 2000

4 December 2000

12 December 2000

20 December 2000

27 December 2000

Definitive anti-dumping measures imposed in 2000

Country

Product

Member States
concerned

France

France

Finland, Germany,
EU

Date of
imposition
10 February 2000

14 February 2000

3 March 2000

Cut-to-length carbon quality
steel plate

Sorbitol

Thermal sensitive paper

Sodium cyanide

EU

South Africa

Supertension cable

Brazil

India

Hydro-cellulose

Purified terephthalic acid
(PTA)

South Africa

Surgical sutures

Seamless tubes

Flat-rolled products of
stainless steel less than 3
mm

Germany

Netherlands

Spain

Germany

Austria

France, Germany,
Italy, Spain

Insecticide

Denmark

Iso Butanol, 2-ethyl hexanol
and other oxo-alcohols

EU

EU

India

Vitamin C

6 March 2000

31 March 2000

17 April 2000

20 April 2000

12 May 2000

19 May 2000

29 May 2000

31 May 2000

17 July 2000

8 August 2000

USA

USA

India

India

India

Brazil

Mexico

India

South Africa

Glass microspheres

France, Germany

13 October 2000

India

Photographic paper

Argentina

Carton boards

France, UK

Austria, Spain,
Sweden

24 October 2000

17 November 2000

215

Anti-dumping measures repealed in 2000

Country

Product

Cold rolled carbon steel flat
products

Member states
concerned

Date of
termination

Germany, Netherlands

1 January 2000

Industrial belts

Germany, Italy

Spherical plain bearings

Manganese dioxide

Cylindrical roller bearings

Germany

Greece

France, Germany, Italy,
Spain, UK

1 January 2000

1 January 2000

1 January 2000

1 January 2000

Brass sheet and strip

Netherlands, Spain

1 January 2000

Colour negative photo paper
and chemicals

Netherlands

1 January 2000

Industrial phosphoric acid

Potassium permanganate

Belgium

Spain

Brass fire protection equipment Italy

Viscose rayon staple fiber

Finland

Hot rolled lead and bismuth
carbon steel

Stainless steel plate

Calcium aluminate cement and
cement clinker (Flux)

Germany, France

Sweden

France

Large power transformers

France

Barium carbonate

Seamless stainless steel hollow
products

Animal glue and inedible
gelatin

Germany

Spain

Germany

1 January 2000

July\Dec 2000

July\Dec 2000

July\Dec 2000

July\Dec 2000

July\Dec 2000

July\Dec 2000

July\Dec 2000

July\Dec 2000

July\Dec 2000

July\Dec 2000

USA

USA

USA

USA

USA

USA

USA

USA

USA

USA

USA

USA

USA

USA

USA

USA

USA

USA

Anti-dumping reviews in progress at end 2000

Country

Product

Member States
concerned

Date of decision

New Zealand

G-clamps

UK

11 February 2000

216

Provisional anti-dumping measures imposed in 2000

Country

Product

Member States
concerned

India

Vitamin C

EU

Date of
imposition

7 January 2000

South Africa

Glass microspheres

France, Germany

6 April 2000

India

India

India

Bisphenol-A

EU

Photographic paper

France, UK

Hydroxyl amine sulphate
(HAS)

EU

27 April 2000

28 April 2000

4 August 2000

China

Acrylates

Germany

23 November 2000

B.

ANTI-SUBSIDY INVESTIGATIONS

Anti-subsidy measures in force at beginning of 2000

Country

Product

Member states
concerned

Date of
imposition

USA

USA

USA

Canada

Canada

USA

USA

Sugar

Viscose rayon fibre and rayon
staple

EU

Sweden

31 July 1978

15 May 1979

Stainless steel wire rod

Spain

3 January 1983

Canned ham

Denmark, Netherlands

7 August 1984

Pork based luncheon meat

EU

7 August 1984

6 March 1987

12 March 1987

October 1989

Brass sheet and strip

Chrysanthemums

Australia

Bulk brandy

France

Netherlands

France

USA

USA

USA

USA

USA

Hot rolled lead and bismuth
carbon steel products

France, Germany, UK

22 March 1993

Cut to length carbon steel
products

Germany Spain, Sweden,
UK

17 August 1993

Cut to length carbon steel plate Belgium

17 August 1993

Cold rolled carbon steel
products

Corrosion-resistant carbon steel
products

Germany

17 August 1993

France, Germany

19 August 1993

217

Venezuela

Cheese

EU

USA

USA

USA

Grain-oriented electrical steel

Italy

Seamless line and pressure pipe Italy

Oil country tubular goods

Canada

Sugar

Argentina

Canned Peaches

Italy

EU

EU

Italy

Italy

Greece

France, Italy

EU

EU

Italy

Certain Pasta

Canned tomatoes

Canned peaches

Cherries

Olive Oil

Wheat Gluten

Stainless steel wire rod

USA

Australia

Australia

Australia

Argentina

Argentina

USA

USA

Mexico

USA

Stainless steel plate in coils

Belgium, Italy

Frozen Beef

Stainless steel sheet and strip in
coils

EU

France, Italy

4 May 1994

7 June 1994

8 August 1995

10 August 1995

6 November 1995

9 January 1996

24 July 1996

6 September 1996

19 February 1997

8 April 1997

25 June1998

22 July 1998

15 September 1998

11 May 1999

3 June 1999

6 August1999

Anti-subsidy initiations prior to 2000 and pending at end 2000

Country

Product

Member States
concerned

Date of
initiation

NONE

Anti-subsidy initiations in 2000

Country

Product

Member States
concerned

Date of
initiation

Australia

Bottled brandy

France

27 December 2000

Definitive anti-subsidy measures in 2000

Country

Product

USA

Cut to length carbon steel
plate

Member States
concerned

Date of
imposition

France, Italy

10 February 2000

218

Anti-subsidy measures repealed in 2000

Country

Product

Member States
concerned

Date of decision

Sweden

1 January 2000

Viscose rayon fibre and
rayon staple

Stainless steel wire rod

Spain

Chrysanthemums

Netherlands

1 January 2000

1 January 2000

Germany, Sweden

1 January 2000

Cold-rolled carbon steel flat
product

Hot rolled lead and bismuth
steel products

France
Germany
UK

1 January 2000
9 March 2000
14 March 2000

20 March 2000

Canada

Pork-based luncheon meat

EU

USA

USA

USA

USA

USA

Anti-subsidy reviews in progress at end 2000

Country

Product

Member States
concerned

Date of
initiation

Argentina

Olive Oil

EU

3 July 2000

Provisional anti-subsidy measures imposed in 2000

Country

Product

Member States
concerned

Date of
imposition

NONE

219

ANNEX V

THIRD COUNTRY SAFEGUARD ACTIONS DURING 2000

Safeguard measures in force at the beginning of 2000

Country

Product

Date of imposition

Brazil

Argentina

Korea (Rep. of)

USA

Egypt

India

Czech Rep

Czech Rep

USA

Poland

Latvia

Toys

18 June 1996

Footwear(sport footwear)

25 February 1997

Dairy products

Wheat Gluten

Matches

Phenol

Sugar

Road Tractors

Lamb

Yogurt

Swine meat

7 March 1997

19 July 1997

19 February 1999

30 June 1999

15 September 1999

27 October 1999

7 July 1999

17 September 1999

December 1999

Safeguard investigations initiated prior to 2000 and pending end 2000

Country

Product

Date of initiation

Ecuador

Sandals

12 January 1999

Safeguard initiations in 2000

Country

Product

Date of initiation

El Salvador

Pork meat

Chile

Russia

Venezuela

Russia

Russia

Chile

El Salvador

Morocco

India

India

Socks

Sugar

Tyres

Steel tubes & pipes

Glucose

Milk Powder

Rice

Bananas

Iron Oxide

Methylene Chloride

220

17 January 2000

9 February 2000

29 February 2000

8 March 2000

17 March 2000

31 March 2000

21 June 2000

21 June 2000

26 June 2000

6 July 2000

17 July 2000

Argentina

Egypt

Slovakia

Bulgaria

Ukraine

Motorcycles

Milk Powder

Cane or beat sugar

Ammonium Nitrate

Fire-resistant bricks

Czech Republic

Footwear, gaiters

Morocco

Rubber plates and sheets

Chile

Japan

Japan

Japan

Mixtures of oil

Tatami-omote

Welsh onion

Shitake Mushrooms

Ecuador

Matches

21 July 2000

25 September 2000

20 October 2000

24 October 2000

30 October 2000

1 November 2000

2 December 2000

19 December 2000

22 December 2000

22 December 2000

22 December 2000

29 December 2000

Definitive safeguard measures in 2000

Country

Product

Date of imposition

Chile

Chile

Chile

Egypt

India

Korea (Rep. of)

Russia

Russia

USA

USA

Wheat Flour

Sugar

Edible Vegetable Oils

Lamps

Acetone

Garlic

Glucose

Sugar

Steel Wire Rod

Line Pipe

22 January 2000

22 January 2000

22 January 2000

27 February 2000

27 January 2000

1 June 2000

16 April 2000

16 April 2000

1 March 2000

1 March 2000

Safeguard measures terminated in 2000

Country

Product

Date of termination

Korea (Rep. of)

Latvia

Dairy products

Swine Meat

May 2000

11 May 2000

Safeguard reviews in progress at end 2000

Country

Product

Date of initiation

USA

Wheat Gluten

30 November 2000

221

Provisional safeguard measures imposed in 2000

Country

Product

Date of imposition

Chile

Chile

Egypt

Milk Powder

Socks

Milk Powder

13 July 2000

July 2000

26 September 2000

222