Report from the Commission - Twentieth 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 (2001)
Date: 2002-09-04
Institutions: European Commission
Subjects: anti-dumping legislation, anti-subsidy proceeding, protective clause, report, trade policy

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 27.09.2002
COM(2002) 484 final/2

Corrigendum
Suite à une erreur matériel, cette version annule et
remplace le point 3 du paragraph 3.1.3.2 du
document COM(2002) 484 final du 04.09.2002;
concerne toutes les versions linguistiques.

REPORT FROM THE COMMISSION

TWENTIETH 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

(2001)

REPORT FROM THE COMMISSION

TWENTIETH 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

(2001)

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;
final  and
final,  COM(1999)411 
COM(97)428 
COM(2001)571 final.

final,  COM(2000)440 

final,  COM(98)482 

2

                                                
(20th Annual report to the Parliament - 2001)

CONTENTS  

Purpose and aim ......................................................................................................................... 9

1.

Overview of the legislation and basic concepts ......................................................... 10

1.1.

Anti-dumping and anti-subsidy.................................................................................. 10

1.1.1.

The applicable law ..................................................................................................... 10

1.1.1.1. The international framework...................................................................................... 10

1.1.1.2. The Community legislation........................................................................................ 10

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

for the imposition of duties ........................................................................................ 11

1.1.2.1. Dumping and subsidies .............................................................................................. 11

1.1.2.2. Material injury and causation..................................................................................... 12

1.1.2.3. Community interest.................................................................................................... 12

1.1.3.

Procedure.................................................................................................................... 12

1.1.4.

The anti-dumping and anti-subsidy services in the Commission .............................. 15

1.2.

Safeguards .................................................................................................................. 15

1.2.1.

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

1.3.

Changes to the Community legislation in 2001 ......................................................... 16

2. General overview of anti-dumping and anti-subsidy investigations and measures ......... 17

2.1.

2.2.

New investigations ..................................................................................................... 17

Review investigations ................................................................................................ 18

3. Overview of activities in 2001 ......................................................................................... 20

3.1.

New investigations ..................................................................................................... 20

3.1.1.

Initiations ................................................................................................................... 20

3.1.2.

Provisional measures.................................................................................................. 22

3.1.3. Definitive measures.................................................................................................... 24

3.1.3.1. Overview .................................................................................................................. 24

3.1.3.2. Details on some individual cases (in chronological order) ........................................ 24

3.1.4.

Investigations terminated without measures .............................................................. 28

3.1.4.1. Details on some individual cases (in chronological order) ........................................ 28

3

3.2.

Review investigations ................................................................................................ 29

3.2.1.

Expiry reviews ........................................................................................................... 29

3.2.1.1. Initiations .................................................................................................................. 30

3.2.1.2. Reviews concluded with confirmation of duty(ies) ................................................... 31

3.2.1.3. Reviews concluded by termination ............................................................................ 32

3.2.2.

Interim reviews........................................................................................................... 34

3.2.3. Other" interim" reviews ............................................................................................. 35

3.2.4. New exporter reviews ................................................................................................ 35

3.2.5. Absorption investigations .......................................................................................... 36

3.2.6. Circumvention investigations .................................................................................... 36

3.3.

Safeguards .................................................................................................................. 37

4. Monitoring of undertakings.............................................................................................. 37

5. Refunds............................................................................................................................. 38

6.

Judicial review : decisions by the Court of Justice / Court of First Instance ................... 39

6.1.

6.2.

6.3.

6.4.

Overview of the judicial reviews in 2001 .................................................................. 39

Cases pending ............................................................................................................ 39

New cases................................................................................................................... 39

Judgments rendered by the Court of First Instance.................................................... 40

6.4.1. Gas-fuelled, non-refillable pocket flint lighters originating, inter alia, in Japan. ...... 40

6.4.2.

Ferro-silicon originating in Egypt and Poland........................................................... 40

6.4.3.

Stainless steel bars originating in India...................................................................... 41

6.5.

Orders rendered by the Court of First Instance and by the Court of Justice.............. 42

6.5.1.

Ferro-silicon originating in China, Kazakhstan, Russia and Ukraine........................ 42

6.6.

Judgments rendered by the Court of Justice .............................................................. 43

6.6.1. Appeal against CFI Judgment of 18 December 1997 in cases T-159&160/94.......... 43

6.6.2.

Preliminary ruling : Reference to the Court under Article 234 EC by the
Finanzgericht Düsseldorf (Germany) for a preliminary ruling - Implementation of
the Judgment in case C-245/95 .................................................................................. 44

7. Anti-dumping and anti-subsidy investigations of third countries concerning imports

from the Community or its Member States................................................................ 45

7.1.

Anti-dumping cases against the Community or its Member States ........................... 45

7.1.1. Overview .................................................................................................................... 45

4

7.1.2. Details on some individual cases ............................................................................... 47

7.1.2.1. Low enriched uranium from France, Germany, the Netherlands and the UK ........... 47

7.1.2.2. Hot-rolled steel products from the Netherlands ......................................................... 47

7.1.2.3. Stainless steel bars from France, Germany, Italy, Luxembourg and the UK............. 48

7.1.2.4. Structural steel beams from Germany, Italy, Luxembourg and Spain....................... 48

7.1.2.5. Cold rolled flat products of stainless steel from the Community............................... 49

7.1.2.6. Wheat flour from the Community.............................................................................. 49

7.1.2.7. Polyvinyl chloride from Belgium, Germany, Finland, Greece, Italy and  

the Netherlands........................................................................................................... 50

7.2.

Anti-subsidy cases against the Community or its Member States ............................. 50

7.2.1. Overview .................................................................................................................... 50

7.2.2. Details on some individual cases ............................................................................... 51

7.2.2.1. Low enriched uranium from France, Germany, the Netherlands and the UK ........... 51

7.2.2.2. Stainless steel bars from Italy .................................................................................... 52

7.2.2.3. Canned peaches from Greece..................................................................................... 53

7.2.2.4. Canned tomatoes from Italy....................................................................................... 54

8.

Safeguard measures concerning the Community ............................................................. 54

8.1.

8.2.

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

Details on some individual cases ............................................................................... 55

8.2.1.

Steel imports .............................................................................................................. 55

8.2.2. Canned peaches.......................................................................................................... 56

8.2.3.

Toys............................................................................................................................ 57

8.2.4.

Steel pipes .................................................................................................................. 58

8.2.5.

Textiles....................................................................................................................... 58

8.2.6. Nitrates of potassium ................................................................................................. 58

8.2.7.

Sugar confectionery (caramels).................................................................................. 58

8.2.8. Magnesium fire-resistant materials ............................................................................ 59

9. Activities in the framework of the World Trade Organization (WTO) ........................... 60

9.1.

Dispute settlement in the field of anti-dumping, anti-subsidy and safeguards .......... 60

9.1.1. Overview of the WTO dispute settlement procedure................................................. 60

9.1.2. Dispute settlement procedures initiated by the Community ...................................... 60

9.1.2.1. USA - Privatisation methodology (countervailing duties)......................................... 60

5

9.1.2.2. USA - Countervailing measures on corrosion-resistant carbon steel flat products

from Germany ............................................................................................................ 60

9.1.2.3. USA - The Dumping and Subsidisation Offset Act ................................................... 61

9.1.2.4. Argentina - ceramic floor tiles ................................................................................... 61

9.1.2.5. USA - steel imports.................................................................................................... 62

9.1.2.6. Argentina - canned peaches ....................................................................................... 62

9.1.3. Dispute settlement procedures initiated by third countries against the Community.. 63

9.1.3.1. India - anti-dumping duties on imports of cotton-type bed linen............................... 63

9.1.3.2. Brazil - anti-dumping duties on malleable cast iron tube or pipe fittings.................. 63

9.2.

Other WTO activities ................................................................................................. 64

10. Conclusion........................................................................................................................ 64

6

ANNEXES : SUMMARY

LIST OF ANNEXES

ANNEX A

ANNEX B

ANNEX C

ANNEX D

ANNEX E

ANNEX F

ANNEX G

New investigations initiated during the period 1 January - 31 December 2001
A. Anti-dumping investigations
B. Anti-subsidy investigations

New investigations initiated
A. by product sector during the period 1997 – 2001 (31 December)
B. by country of export during the period 1997 – 2001 (31 December)

New  investigations  concluded  by  the  imposition  of  provisional  duties  during  the
period 1 January - 31 December 2001
A. Anti-dumping investigations
B. Anti-subsidy investigations

New investigations concluded by the imposition of definitive duties during the period
1 January - 31 December 2001
A. Anti-dumping investigations
B. Anti-subsidy investigations

New  investigations  terminated  without  imposition  of  measures  during  the  period
1 January - 31 December 2001
A. Anti-dumping investigations
B. Anti-subsidy investigations

Expiry  reviews  initiated  or  concluded  during  the  period  1  January  –  31  December
2001

Interim  reviews  initiated  or  concluded  during  the  period  1  January  –  31  December
2001

ANNEX H

Other reviews concluded during the period 1 January - 31 December 2001

ANNEX I

ANNEX J

ANNEX K

ANNEX L

New  exporter  reviews  initiated  or  concluded  during  the  period  1  January  –
31 December 2001

Anti-absorption  investigations  initiated  or  concluded  during  the  period  1 January  -
31 December 2001

Anti-circumvention investigations initiated or concluded during the period 1 January
31 December 2001

Accelerated  review  investigations  (anti-subsidy)  initiated  or  concluded  during  the
period 1 January - 31 December 2001

ANNEX M

Undertakings accepted or repealed during the period 1 January – 31 December 2001

ANNEX N

Measures which expired during the period 1 January - 31 December 2001

ANNEX O

ANNEX P

Definitive anti-dumping measures in force on 31 December 2001
A. Ranked by product
B. Ranked by country

Definitive anti-subsidy measures in force on 31 December 2001
A. Ranked by product
B. Ranked by country

7

ANNEX Q

ANNEX R

Undertakings in force on 31 December 2001
A. Ranked by product
B. Ranked by country

Anti-dumping & anti-subsidy investigations pending on 31 December 2001 :
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 2001

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 2001

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

Court of First Instance of the European Communities during 2001

ANNEX U

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

A. Anti-dumping investigations

B. Anti-subsidy investigations

ANNEX V

Third country safeguard actions during 2001

8

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.  However,  contrary  to  the
previous years, the report no longer contains a commentary on each individual case. In order
to avoid duplication of information which has already been published in the Official Journal
of the European Communities, it was decided to only give an overview of the investigations
together with the most essential information, such as for instance the duty imposed. In turn,
cases which merit some special attention are treated in more detail. Consequently, the report
is more factual and condensed and covers the essential facts of the year. The detailed annexes
which  cover  all  cases  ensure  that  the  factual  content  of  the  report  remains  meaningful  and
sufficient to understand the activity in 2001. Finally, this new shorter format will also allow to
deal with the practical consequences of the enlargement of the European Union in the future,
bearing in mind issues such as, inter alia, translations.

As  last  year,  this  issue  continues  to  provide  an  overview  on  the  Court  cases  relating  to  the
trade  policy  instruments.  It  also  includes  an  overview  of  the  activities  in  relation  to  anti-
dumping, anti-subsidy and safeguard measures adopted by third countries, as well as actions
under the dispute settlement  understanding  of the  World  Trade  Organisation  by  and  against
the Community.

The  year  2001  can  be  described  as  a  return  to  normality  with  regard  to  the  initiations  of
investigations and the impositions of measures, in comparison with the years 1999 and 2000.
These  latter  years  showed  an  exceptional  increase  in  the  number  of  new  investigations
initiated and in the number of provisional/definitive measures imposed.

In  2001,  10  countries  initiated  a  total  of  25  anti-dumping  and  anti-subsidy  investigations
against  imports  from  Community  Member  States.  The  Commission  provided  assistance  to
Community companies in a large number of these 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 2000 version was released in more or
less 500 copies.
(Internet Website http://europa.eu.int/comm/trade/policy/dumping/reports.htm)

2

3

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

9

                                                
1. 

OVERVIEW OF THE LEGISLATION AND BASIC CONCEPTS

1.1. 

Anti-dumping and anti-subsidy

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

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

4

5

6

OJ  L  56,  6.3.1996,  p.  1,  as 
(OJ L 257, 11.10.2000, p. 2)
OJ L 288, 21.10.1997, p. 1
OJ  L  308,  29.11.1996,  p.  11,  as  last  amended  by  Commission  Decision  No  435/2001/ECSC
(OJ L 63, 3.3.2001, p. 14)

last  amended  by  Council  Regulation  (EC)  No  2238/2000

10

                                                
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”, which go beyond the WTO obligations.

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, consumers and intermediaries.

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.

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.

7

OJ L 245, 4.9.1998, p. 3

11

                                                                                                                                                        
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.

12

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.

13

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.

14

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

During  2001,  anti-dumping  and  anti-subsidy  investigations  were  still  carried  out,
among other responsibilities, by Directorates B and C of Directorate General Trade
in  charge  of  external  commercial  policy.  Whilst  Directorate  C  dealt  with  the
dumping  and  subsidy  aspects  of  investigations,  Directorate  B  covered  the  areas  of
injury and Community interest. In addition, Unit 1 in Directorate B was in charge of
policy  aspects  for  both  Directorates  and  Unit  1  in  Directorate  C  monitored  the
activity  of  third  countries  on  anti-dumping,  anti-subsidy  and  safeguards.  A
restructuring  took  place  in  April  2002,  which  resulted  in  the  creation  of  one
Directorate covering all Trade Defence Instruments.

1.2. 

Safeguards

1.2.1.  The legal framework

The  principle  of  liberalisation  of  imports  was  set  under  the  GATT  1947  and
strengthened  under  the  1994  WTO  Agreements.  As    safeguard  measures  consist  of
the  unilateral  withdrawal  or  suspension  of  a  tariff  concession  or  of  other  trade
liberalisation obligations formerly agreed, they have to be considered as an exception
to this principle. The GATT 1947 and the WTO Agreement imposed strict conditions
for the application of this "escape  clause". As they stand, 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  mechanism  under  the  WTO  Committee  on
Safeguards.

Under  WTO  rules,  safeguard  action  has  to  be  viewed  as  a  short-term  temporary
defence  measure  that  applies  to  all  imports  of  the  product  covered  by  a  measure,
irrespective of origin8.

Safeguards  should  only  be  adopted  after  a  comprehensive  investigation  which
provides  evidence  of  the  existence  of  a)  unforeseen  developments  leading  to  b)
increased imports c) the existence of a serious injury for domestic producers and d) a
causal link between the imports and the injury. Ultimately, the adoption of measures
in the  Community 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  regulations9,  as  well  as  a  provision  requiring  that  safeguard
action is only taken when it is in the Community’s interest to do so.

8

9

However, as regards non-WTO members, safeguard measures may be selective and apply to products
originating in a specific country.
Council Regulations (EC) No 3285/94 on common rules for imports, No 519/94 on common rules for
imports  from  certain  third  countries  and  No  517/94  on  common  rules  for  imports  of  textile  products
from certain third countries.

15

                                                
1.3. 

Changes to the Community legislation in 2001

In 2000, the Council adopted Regulation (EC) No 2238/200010 amending Regulation
(EC) No 384/96 on protection against dumped imports from countries not members
of the European Community. The amendment consisted of :

– 

– 

– 

maintaining the market economy regime applicable to China and Russia since
199811 if it is shown that market economy conditions prevail;

extending that market economy regime to Ukraine, Vietnam and Kazakhstan;

and extending this benefit to any other non-market economy countries as soon
as they become a member of the WTO.

In order to align both the EC and the ECSC regimes in this respect, the Commission
adopted  on  2 March  2001,  Decision  No  435/2001/ECSC12  amending  Decision  No
2277/96/ECSC on protection against dumped imports from countries not members of
the European Coal and Steel Community.

Furthermore,  the  Community  has  adopted  legislation  that  allows  it  to  adapt,  when
necessary,  anti-dumping  and  anti-subsidy  measures  as  a  result  of  WTO-panel
decisions.  As  such,  on  23  July  2001,  the  Council  adopted  Regulation  (EC)
No 1515/2001  on  the  measures  that  may  be  taken  by  the  Community  following  a
report adopted by the WTO Dispute Settlement Body concerning anti-dumping and
anti-subsidy  measures13.  This  Regulation  introduces  specific  provisions  in  order  to
permit the Community to bring a measure taken under Regulation (EC) No 384/96 or
Regulation (EC) No 2026/97 into conformity with the recommendations and rulings
contained in a report adopted by the  Dispute  Settlement  Body  (DSB)  of  the  WTO.
These provisions can consist of :

– 

– 

repealing,  suspending  or  amending  the  disputed  measure  with  or  without  a
review, and/or;

adopt  any  other  special  measures  which  are  deemed  to  be  appropriate  in  the
circumstances.

In order to fully take into account the legal interpretations made in a report adopted
by the DSB, the above provisions, if necessary, can also be invoked for non-disputed
measures.

10

11

12

13

OJ L 257, 11.10.2000, p. 2
Council Regulation (EC) No 905/98 (OJ L 128, 30.04.1998)
OJ L 63, 3.3.2001, p. 14
OJ L 201, 26.7.2001, p. 10

16

                                                
2. 

GENERAL  OVERVIEW  OF  ANTI-DUMPING  AND  ANTI-SUBSIDY  INVESTIGATIONS  AND
MEASURES

2.1. 

New investigations

At  the  end  of  2001,  the  Community  had  175  anti-dumping  measures14  and  16
countervailing  measures  in  force.  The  anti-dumping  measures  covered  68  products
and  36  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  2001,  34  concerned  China,  20  India,  11  the
Republic of Korea, 11 Russia, 9 Indonesia, 8 Japan and 11 measures applied to non-
market-economy  countries,  including  Ukraine  with  8  measures  and  Belarus  with  3
measures.  Twenty-four  measures  concerned  one  or  more  of  the  10  Central  and
Eastern European Countries (CEEC)15.

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 2001, only 0,5%16 of total imports into the Community was affected by
anti-dumping or anti-subsidy measures.

14

15

16

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.

17

                                                
TABLE 1

Anti-dumping and anti-subsidy new investigations

during the period 1 January 1997 - 31 December 200117

1997

1998

1999

2000

2001

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

terminations18

Total investigations concluded during the period

Investigations in progress at the end of period

Provisional measures imposed during the period

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

52

32

84

34

48

34

33

67

12

12

24

43

18

17

18

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.

18

                                                
2.2. 

Review investigations

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  1997  to  2001,  a  total  of  161  review
investigations were initiated. These review investigations represented almost 42% of
all investigations.

In  2001,  29  reviews  were  initiated.  Of  these,  12  were  expiry  reviews,  14  interim
reviews, 2 newcomer review and 1 circumvention review.

An overview of the review investigations in 2001 can be found in Annexes F to L.
Table 2 provides statistical information for the years 1997 - 2001.

TABLE 2

Reviews of anti-dumping and anti-subsidy investigations

during the period 1 January 1997 - 31 December 200119

Reviews in progress at the beginning of the period

Reviews initiated during the period

Reviews in progress during the period

Total reviews concluded during the period

Reviews in progress at the end of the period

1997

1998

1999

2000

2001

59

18

77

28

49

49

37

86

38

48

48

40

88

27

61

61

37

97

4420

53

53

29

82

2421

58

Details on the conclusions can be found under heading 3.2.

19

20

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.

19

                                                
3. 

OVERVIEW OF ACTIVITIES IN 2001

3.1. 

New investigations

3.1.1. 

Initiations

In  2001,  33  investigations  were  initiated.  Six  of  them  concerned  anti-subsidy
investigations.  They  involved  10  different  products  from  19  different  countries.
Details of these investigations are given in Annex A. Most affected country is India
with  8  investigations,  followed  by  Indonesia  with  3  investigations.  As  to  the
products, the most affected is the iron and steel sector.

In comparing with 2000 (31 initiations), the number of new investigations confirms a
return to the normal situation which has existed throughout the nineties.

In  the  five-year  period  from  1997  to  2001,  224  investigations  were  initiated  on
imports  from  40  countries.  The  main  sectors  concerned  by  the  investigations  were
iron  and  steel  with 16 investigations, chemical  and allied  with  5  investigations  and
textiles and allied also with 5 investigations. A breakdown of the product sectors is
given in Annex B(A).

The main countries concerned during the period from 1997 to 2001 were India with
31 investigations, the People's Republic of China with 25 investigations, Korea with
22 investigations and Taiwan with 17 investigations. The investigations initiated over
the last five years are broken down by country of export in Annex B(B).

The alphabetical list of cases initiated in 2001 can be found below, together with the
name  of  the  complainant.  More  information  can  be  obtained  from  the  Official
Journal to which reference is given in Annex A.

20

Product/type of investigation21 Originating from Complainant

Compact disks-recordables

Taiwan

Filament yarns of cellulose
acetate

Lithuania, USA

Committee of CD-R
Manufacturers (CECMA)

International Committee of
Rayon and Synthetic Fibres
(CIRFS)

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

Egypt, Hungary,
Iran, Libya,
Slovakia, Turkey

European Confederation of
Iron and Steel Industries
(Eurofer)

Magnetic disks (AD + AS)

India

Polyester textured filament yarn

India

Polyester textured filament yarn
(AS)

India, Indonesia

Ringbinder mechanisms (AD +
AS)

India, Indonesia

Committee of European
Diskette Manufacturers
(Diskma)

International Committee of
Rayon and Synthetic Fibres
(CIRFS)

International Committee of
Rayon and Synthetic Fibres
(CIRFS)

Community producers
Koloman Handler AG &
Krause Ringbuchtechnik
GmbH

21

No  mention  =  anti-dumping  investigation;  AS  =  anti-subsidy  investigation,  AD  +  AS  =  parallel  anti-
dumping and anti-subsidy investigation

21

                                                
Product/type of investigation

Originating from Complainant

Rubber-grade carbon blacks

Egypt, Russia

European Chemical Industry
Council (CEFIC)

Sulphanilic acid

P.R. China, India

Sorochimie Chimie Fine

Sulphanilic acid (AS)

India

Sorochimie Chimie Fine

Tube & pipe fittings, of iron or
steel

Czech Rep., Rep.
of Korea,
Malaysia, Russia,
Slovakia

Defence Committee of EU
steel butt-welding fittings
industry

Welded tubes & pipes, of iron or
non-alloy steel

Czech Rep.,
Poland, Thailand,
Turkey, Ukraine

Committee of the Welded
Steel Tube Industry of the
EU

3.1.2.  Provisional measures

In 2001, provisional duties were imposed in 18 proceedings involving imports from
16 different countries. As shown in Table 1 (see point 2.1), this figure compares to
48 in 2000 and 17 in 1999.

The alphabetical list of cases where provisional measures were imposed during 2001
can be found below, together with the measure(s) imposed. More information can be
obtained from the Official Journal to which reference is given in Annex C.

22

Product

Originating from Type22 and level of measure

Compact disks-recordables

Taiwan

AD : 18,8-39,5%

Ferro molybdenum

P.R. China

AD : 3,6-26,3%

Integrated electronic compact
fluorescent lamps

P.R. China

AD : 0,0-74,4%

Polyethylene terephthalate
(PET) film

India
Rep. of Korea

AD : 3,6-66,8%
AD : 3,5-12,4%

Steel ropes & cables

Urea

Czech Rep.
Russia
Thailand
Turkey

Belarus
Bulgaria
Croatia
Estonia
Libya
Lithuania
Romania
Ukraine

AD : 47,1-66,0% + UT
AD : 35,8-50,7%
AD : 30,5-42,8%
AD : 19,2-32,1% + UT

AD : 5,46 EUR/tonne
AD : 18,80 EUR/tonne
AD : 12,18 EUR/tonne
AD : 17,67 EUR/tonne
AD : 8,87 EUR/tonne
AD : 6,89 EUR/tonne
AD : 4,12-8,42 EUR/tonne
AD : 6,25-13,90 EUR/tonne

Zinc oxides

P.R. China

AD : 16,9-33,5%

22

AD = anti-dumping duty, CVD = countervailing duty, UT = undertaking

23

                                                
3.1.3.  Definitive measures

3.1.3.1.  Overview

During 2001, definitive duties were imposed in 12 cases involving imports from 10
different  countries  and  covering  6  products.  The  People's  Republic  of  China  and
Russia  featured  with  2  investigations  each.  Poland,  Ukraine,  the  Czech  Republic,
Thailand, Turkey, India, Korea and Japan feature with one investigation each.

The alphabetical list of cases where definitive measures were imposed during  2001
can be found below, together with the measure(s) imposed. More information can be
obtained from the Official Journal to which reference is given in Annex D. Annex D
also gives some additional information on import and consumption volumes.

Product

Aluminium foil

Ammonium nitrate

Originating from Type23 and level of measure

P.R. China
Russia

Poland
Ukraine

AD : 15%
AD : 14,9% + UT

AD : 20,65-26,91 EUR/tonne
AD : 33,25 EUR/tonne

Integrated electronic compact
fluorescent lamps

P.R. China

AD : 0,0-66,1%

Internal gear hubs for
bicycles

Japan

AD : 11,3%

Polyethylene terephthalate
(PET) film

India
Rep. of Korea

AD : 0,0-62,6% + UT
AD : 0,0-13,4%

Steel ropes and cables

Czech Rep.
Russia
Thailand
Turkey

AD : 30,7- 7,1% + UT
AD : 36,1-50,7% + UT
AD : 24,8-42,8% + UT
AD : 17,8-31,0% + UT

3.1.3.2.  Details on some individual cases (in chronological order)

1.

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

The  total  Community  consumption  of  aluminium  foil  (commonly  known  as
aluminium household foil) in the investigation period amounted to 86.117 tonnes at a
value  of  €  191  million.  The  value  of  the  total  imports  originating  in  the  countries
concerned amounted to € 35 million.

This  was  not  a  straightforward  case  since  the  Commission,  after  nine  months  of
investigation,  was  still  not  ready  to  take  a  decision.  Indeed,  certain  aspects  of
dumping and causation needed to be investigated further before a decision could be
taken.  However,  definitive  anti-dumping  measures  were  eventually  imposed  by  the
Council on 17 May 2001.

23

AD = anti-dumping duty, CVD = countervailing duty, UT = undertaking

24

                                                
The  duties  imposed  for  the  two  countries  concerned  were  not  very  different,  i.e.
15,0% in the case of China and 14,9% in the case of Russia but they were established
on  a  different  basis.  Indeed,  in  application  of  the  "lesser  duty  rule"24,  the  duty  for
China was based on the level of injury, while the duty for Russia was based on the
level  of  dumping  found.  The  Russian  exporting  producer,  when  informed  of  the
conclusions  of  the  investigation,  offered  to  increase  its  export  prices  to  a  non-
dumped  level  and  offered  an  undertaking  to  that  effect.  This  undertaking  was
accepted by the Commission and no duty was subsequently imposed on  aluminium
foil produced by this exporter.

It should be noted that this was the first time that a producer in Russia was granted
Market  Economy  Treatment  (MET),  which  meant  that  domestic  prices  and  costs
were used as a basis to establish normal value. The request for MET of the producer
in China was rejected on the grounds that this company did not operate under market
economy conditions. For this exporter normal value had to be established on prices
in an analogue country, in this case the USA.

The  investigation  also  showed  that  two  events  coincided  at  exactly  the  same  time
frame  (1996  until  1999).  On  the  one  hand,  the  imports  from  the  two  countries
concerned increased by 18 percentage points in  terms of market share (from  1% to
19%), while on the other hand the Community lost 17 percentage points.

This was clearly reflected in the situation of the Community industry which lost 8%
in  terms  of  production  and  sales,  while  suffering  a  massive  14%  price  depression
which in turn led to losses of 7%. There was consequently no doubt that Community
producers suffered material injury caused by the dumped imports.

Given that no compelling reasons were found not to take action against the imports
in  question,  the  Council  accepted  the  Commission's  proposal  to  impose  definitive
anti-dumping duties while the Commission accepted the price undertaking from the
sole Russian exporter.

2.

Integrated electronic compact fluorescent lamps (CFL-i) from the People's Republic
of China

Definitive anti-dumping measures were imposed by the Council on 19 July 2001 at
the level of the dumping margins found, except for one exporting producer (Philips
& Yaming) for which the injury margin was  lower. The  rate  of duties  ranged from
0% to 59,5%. The country-wide duty was 66,1%.

The  economic  interest  of  the  case  was  fairly  average,  with  total  Community
consumption  in  the  investigation  period  amounting  to  around  €  555  million  and  to
around 123 million units. The value of the total imports originating in China during
the  same  period  amounted  to  around  €  69  million.  Nevertheless,  the  proceeding
presented several particularly interesting aspects.

24

This  rule  requires  that  either  the  level  of  dumping  or  the  level  of  injury,  whichever  is  the  lower,
constitutes the level of the duty.

25

                                                
Firstly,  even  though  China  was  not  a  WTO  member,  for  definitive  duties  the
dumping margins were recalculated to take account of the conclusions of the WTO
panel and Appellate Body recommendations in the case brought by India against the
Community  concerning  cotton-type  bed  linen.  These  recommendations  no  longer
allow the practice of "zeroing" in the calculation of the average dumping margins by
model.  As  a  consequence,  the  dumping  margins  which  are  the  basis  for  the  duties
decreased by 1 to 2 percentage points.

Secondly,  another  controversial  issue  was  the  choice  of  Mexico  as  an  appropriate
analogue country, since the company which was ready to co-operate in the analogue
country was related to the complainant that had brought the anti-dumping case. The
Commission itself sought to avoid having to have recourse to Mexico. However, in
application  of  the  basic  Regulation  the  Commission  had  no  other  choice  because
none of the several companies contacted all over the world were ready to co-operate.
Therefore no alternative to Mexico was available.

Thirdly,  the  case  was  controversial  because  a  number  of  parties  claimed  that  anti-
dumping  duties  would  be  contrary  to  the  Community  interest  as  a  whole.  They
reasoned that a duty on imports would lead to price increases for the energy saving
lamps, thereby contradicting the overall Community philosophy to encourage energy
saving.  This  matter  was  investigated  with  particular  thoroughness.  On  the  basis  of
the  results  of  the  investigation,  it  was  considered  unlikely  that  the  price  for  CFL-i
would increase significantly following the imposition of measures. This assessment
was based on the fact that for some Chinese exporting producers no or low duties (so
for the largest Chinese exporter) were imposed, that importers practised considerable
mark-ups  and  that  alternative  sources  of  supply  from  other  third  countries  with  no
duties were available. It was also concluded that measures would not be contrary to
the Community energy saving policies and that the Community industry could not be
expected  to  bear  the  costs  of  the  Community  energy  and  environmental  policies
through suffering from unfair trade practices.

3.

Internal gear hubs (IGH) from Japan

Definitive anti-dumping measures were imposed by the Council on 26 October 2001.
The  proceeding  had  been  initiated  in  July  2000,  following  a  complaint  lodged  by
SRAM  Deutschland  GmbH  (SRAM),  representing  a  major  proportion  of  the
Community production of internal gear hubs.

The case presented several particularities: it concerned only two players, one small to
medium-sized  Community  producer  of  (almost  only)  internal  gear  hubs  for  use  in
bicycles  (IGH)  and  one  world-wide  Japanese  player  (Shimano)  marketing  not  only
IGH, but also numerous other bicycle components and accessories.

26

Dumping

The  dumping  margin  was  established  at  36,6  %  for  the  sole  exporting  producer  in
Japan.

Injury and causation of injury

The investigation determined that there was suppression of the Community industry's
prices during the investigation period, and that these prices had been undercut by the
dumped  imports  from  Japan.  One  interesting  factor  was  that  the  price  comparisons
on the basis of list prices showed small differences while the prices actually charged
and verified both for SRAM and Shimano (taking into account rebates etc.) showed a
much higher price undercutting.

Over several years, imports on to the Community market from Japan had increased
significantly, whilst at the same time the main injury indicators (profitability, market
share etc.) for the Community industry followed negative trends.

This  was  particularly  evident  between  1998  and  the  investigation  period,  when
Community  consumption  fell  1%,  whilst  Japanese  imports  increased  43%.  At  the
same time, the  Community industry experienced price  pressure leading  to  financial
losses.

Community interest

Another  interesting  aspect  in  this  case  was  the  fact  that  numerous  submissions,
protesting  against  possible  duties,  were  submitted  to  the  Commission  services  by
bicycle  producers,  importers  and  specialised  shops.  The  Commission  services
undertook on-spot investigations with the (much smaller) number of companies that
were willing to co-operate in the investigation. In fact, the overall verified maximum
impact  of  the  duty,  of  around  0,5%  increase  in  costs  for  Community  bicycle
manufacturers, was much smaller than had been estimated by these companies.

The second issue examined under this heading, was that of competition. The question
was raised by many parties as to whether duties would lead to a dominant position of
SRAM on the Community market.  However,  given the  well established position of
Shimano  on  the  Community  market  (39%),  their  strong  presence  in  other  bicycle-
related sectors and the relatively moderate rate of the duty, it was concluded, on the
contrary, that duties were likely to  ensure  effective  competition  on  the  Community
market since they would put SRAM on an equal footing with Shimano. Nevertheless,
the Commission will continue to monitor market developments so as to be able to act
should there be any signs of possible distortions of competition in the future.

Measures

In  view  of  the  conclusions  reached  with  regard  to  dumping,  injury,  causation  and
Community interest, definitive anti-dumping measures were imposed in  accordance
with the lesser duty rule at the level of the injury margin of 11,3%.

27

3.1.4. 

Investigations terminated without measures

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  measures  are  unnecessary  (i.e.  no  dumping/no  subsidies,  no  injury  resulting
therefrom, measures not in the interest of the Community).

In 2001, 12 new proceedings were concluded without measures, compared to 32 in
2000 and 22 in 1999.

The  alphabetical  list  of  cases  which  were  terminated  without  the  imposition  of
measures during 2001 can be found below. More information can be obtained from
the Official Journal to which reference is given in Annex E.

Product

Originating from

Main reason for termination

Ammonium nitrate

Lithuania

No dumping

Colour television receivers Turkey

Negative findings on origin

Paracetamol

Steel ropes and cables

P.R. China, India,
Turkey, USA

Rep. of Korea,
Malaysia

Withdrawal of complaint

De minimis dumping margins

Urea

Egypt, Poland

De minimis injury margins

Worked monumental or
building granite stones

India, P.R. China

Withdrawal of complaint

3.1.4.1.  Details on some individual cases (in chronological order)

1.

Steel ropes and cables from the Republic of Korea and Malaysia

The  proceeding  which  concerned  steel  ropes  and  cables  originating  in  the  Czech
Republic,  the  Republic  of  Korea,  Malaysia,  Russia,  Thailand  and  Turkey,  was
initiated on 5 May 2000, following a complaint lodged by the Liaison Committee of
European  Union  Wire  Rope  Industries  (EWRIS)  on  behalf  of  the  Community
industry.

The proceeding concerning the Republic of Korea and Malaysia was terminated on 4
August 2001 due to the fact that the dumping margins found were de minimis.

2.

Colour television receivers (CTVs) from Turkey

The  proceeding  was initiated on 15 July  2000.  The  main  issue  was  examination  of
origin. CTVs frequently  incorporate  components originating  in  countries  other than
the country of manufacture or assembly of the finished product, with the result that
CTVs  may  be  considered  as  originating  in  a  country  other  than  the  country  of
manufacture or assembly.

28

In  accordance  with  the  Community’s  consistent  practice  the  examination  of  the
origin  of  the  CTVs  exported  from  Turkey  formed  part  of  the  anti-dumping
investigation. It was established that in this particular case the origin of the cathode-
ray colour television picture tube (CPT) virtually determined the origin of the CTVs.
Accordingly, the origin examination concluded that the CTVs exported from Turkey
during the investigation period were not of Turkish origin.

In view of the above findings, the proceeding was terminated without imposition of
anti-dumping measures by a decision published on 13 October 2001.

3.2. 

Review investigations

3.2.1.  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 2001, 8 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 313 measures have been allowed to expire automatically.

29

3.2.1.1.  Initiations

During 2001, 12 expiry review investigations were initiated.

The alphabetical list of these cases can be found below, together with the name of the
complainant. It should be noted that some expiry reviews are carried out in parallel
with  interim  reviews, which  allow the  amendment  of the duty  rates.  These  reviews
are  marked  with  an  asterisk.  More  information  can  be  obtained  from  the  Official
Journal to which reference is given in Annex F.

Originating from

Complainant

European Bicycle
Manufactures Association
(EBMA)

European Chemical Industry
Council (CEFIC)

European Confederation of
Iron and Steel Industries
(Eurofer)

International Rayon and
Synthetic Fibres Committee
(CIRFS)

International Rayon and
Synthetic Fibres Committee
(CIRFS)

International Rayon and
Synthetic Fibres Committee
(CIRFS)

European Chemical Industry
Council (CEFIC)

Defence Committee of EU
Steel Butt-welding Fittings
Industry

Product

Bicycles

Coumarin

Indonesia
Malaysia
Thailand

P.R. China

Grain oriented electrical
sheets*

Russia

Polyester staple fibre

Belarus

Polyester textured filament
yarn

Taiwan

Polyester textured filament
yarn

Indonesia
Thailand

Powdered activated carbon

P.R. China

Tube or pipe fittings, of iron
or steel*

P.R. China
Thailand

*

denotes cases with parallel interim review

30

                                                
3.2.1.2.  Reviews concluded with confirmation of duty(ies)

During 2001, 6 expiry reviews were concluded with confirmation of duty. It should
be  noted  that  some  expiry  reviews  are  carried  out  in  parallel  with  interim  reviews,
which  allow  the  amendment  of  the  duty  rates.  These  reviews  are  marked  with  an
asterisk.

The  alphabetical  list  of  the  cases  which  were  concluded  with  confirmation  of  duty
during 2001, together with the result of the investigation, can be found below. More
information can be obtained from the Official Journal to which reference is given in
Annex F.

Product

Originating from

Electronic weighing scales*

Japan

Electronic weighing scales*

Singapore

Lighters (gas-fuelled non-
refillable)

China
(extended to
Taiwan)

Potassium permanganate

P.R. China

Urea

Russia

Result of the investigation/
Type25 and level of measure

Confirmation of AD duty :
15,3-31,6%

Confirmation of AD duty :
15,4-31%

Confirmation of AD duty :
€ 0,065/unit

Confirmation of AD duty :
1,26 EUR/kg

Confirmation of AD duty:
difference between minimum
import price of € 115 per
tonne and net, free-at-
Community frontier price,
before duty

Urea ammonium nitrate
solutions*

Poland

Confirmation of AD duty :
19-22 EUR/tonne

Two  expiry  reviews  were  concluded  concerning  electronic  weighing  scales.  One
review concerning Japan was initiated a few months before another one concerning
Singapore.

1.

Electronic weighing scales from Japan

An expiry review was initiated in April 1998 concerning measures initially imposed
in April 1993. On 9 March 2001 the Council concluded that the measures should be
maintained in their initial form i.e. ad valorem duties ranging from 15.3% to 31.6%.

25

*

AD = anti-dumping duty, CVD = countervailing duty, UT = undertaking
denotes cases with parallel interim review

31

                                                
The  evidence  available to  the  Commission,  and  the  low  level  of  co-operation  from
exporting producers (only 4% of exports in the investigation period were covered by
answers to  the Commission's questionnaire), strongly  suggested that imports  would
continue  to  be  made  at  dumped  prices  for  the  foreseeable  future  and  in  increased
quantities if measures were removed, since there were spare capacities in Japan.

The  Community  industry  benefited  from  a  short-term  boost  to  sales  resulting  from
the  introduction  of  the  Euro  and  its  incidence  on  the  need  to  renew  the  weighing
scales  park,  profits  increased  to  high  levels  but  this  was  considered  to  be  on  a
temporary basis. Despite these good results, market share fell.

In view of  the important quantities of weighing  scales  that  could  be  exported  from
Japan  to  the  Community  at  dumped  prices,  should  the  measures  lapse,  it  was
considered  likely  that  the  Community  industry  would,  in  such  a  case,  be  injured
again.

2.

Electronic weighing scales from Singapore

An  expiry  review  was  initiated  in  October  1998  concerning  measures  initially
imposed in October 1993. On 9 March 2001 the Council concluded that the measures
should be maintained in their initial form and level i.e. an ad valorem duty of 15.4%
for the company that co-operated in the investigation and 31% for all others.

One  company  representing  70%  of  exports  from  Singapore  co-operated  in  this
investigation,  and  it  was  found  that  a  significant  dumping  of  12%,  was  still  taking
place  in the exports  of  this  company to  the Community.  Such  dumping  is  likely  to
continue for the foreseeable future as the Community market is large and  attractive
with  prices  slightly  higher  than  in  other  third  markets  to  which  the  Singaporean
exporter sell. In view of such circumstances, in case measures would expire, it was
considered likely that quantities of dumped imports would increase.

The Community industry was found to be in the same situation as in the investigation
regarding  Japan.  In  view  of  the  conclusion  of  regarding  the  likelihood  of  a
continuation of dumping on increased quantities, it was concluded that injury would
recur should the measures expire. Further details on both investigations can be found
below.

3.2.1.3.  Reviews concluded by termination

During  2001,  the  following  expiry  review  concerning  6  countries  was  terminated
without the continuation of measures:

Ferro-silicon  (FeSi)  from  Brazil,  the  People's  Republic  of  China,  Kazakhstan,
Russia, Ukraine and Venezuela

The  expiry  review  was  initiated  on  9  December  1998,  and  concerned  definitive
measures  imposed  in  December  1993  against  the  listed  countries.  These  measures
were repealed on 23 March 2001.

It  was  found  that  important  spare  capacities  existed  in  the  People's  Republic  of
China,  Kazakhstan,  Russia  and  Ukraine  and  that  it  was  likely  that  important
quantities of dumped imports could be directed to the Community market should the

32

measures expire. In respect of Brazil and Venezuela, changes in the structure of the
companies and in their markets made it unlikely that injurious dumping would recur.

The Community industry had benefited from a rise in its unit prices of ferro-silicon
(FeSi)  from  1994  to  1996  but  in  1998,  a  fall  in  prices  began  to  squeeze  margins.
Although  demand  in  the  Community  increased  over  the  analysis  period,  due  to
developments  in  the  steel  industry,  this  was  mainly  taken  up  by  increased  imports
from third countries. The Community industry had to reduce prices from 1997 to the
end  of  1998  in  order  to  try  and  maintain  its  market  share,  which  was  nonetheless
slightly  eroded.  It  was  thus  concluded  that  important  quantities  of  dumped  imports
originating in the People’s Republic of China, Kazakhstan, Russia or Ukraine could
enter  the  market  as  soon  as  measures  would  expire  and  injure  the  Community
industry.

However, anti-dumping measures had been in effect on imports of FeSi since a long
time (Venezuela 1983, Brazil, Kazakhstan, Russia and Ukraine 1987) but at the same
time, the situation of the Community industry continued to deteriorate. Since 1987,
production levels declined by  around  50%  and market share  fell  from  over  30%  to
17%.  After  1993,  even  though  measures  nearly  stopped  the  imports  from  the
countries  concerned,  the  Community  industry  continued  to  lose  market  share  to
imports from other third countries, especially to Norway. It was, therefore, concluded
that  the  Community  industry  had  not  been  able  to  sufficiently  benefit  from  the
measures in place and that it was not justified to impose for a further period an undue
burden on downstream industries.

33

3.2.2. 

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.

During 2001, 14 interim reviews were initiated, 6 were concluded with confirmation
or amendment of duty and 1 was terminated.

The alphabetical list of cases which were concluded during 2001, together with the
result  of  the  investigation,  can  be  found  below.  More  information  can  be  obtained
from the Official Journal to which reference is given in Annex G.

Product

Bicycles

Originating from

Result of the investigation/
Type26 and level of measure

P.R. China

Termination : withdrawal of
requests

Electronic weighing scales*

Japan

Electronic weighing scales*

Singapore

Lighters (gas-fuelled, non-
refillable)

Thailand

Polyester textured filament
yarn

Thailand

Television camera systems

Japan

Urea ammonium nitrate
solutions*

Poland

Confirmation of AD duty :
15,3-31,6%

Confirmation of AD duty :
15,4-31%

Amendment of AD duty :
between 0% and 51,9% +
UT repealed

Amendment of AD duty :
4,8-20,2%

Confirmation of AD duty :
52,7-200,3%

Confirmation of AD duty :
19-22 €/tonne

26

*

AD = anti-dumping duty, CVD = countervailing duty, UT = undertaking
denotes cases with parallel expiry review

34

                                                
3.2.3.  Other" interim" reviews

A series of other reviews, not falling under  Article 11(3) or  Article  19 of the basic
Regulations or for which no notice of initiation was published in the Official Journal,
were concluded during 2001.

They more specifically concern :

– 

– 

– 

– 

investigations  which  were  conducted  and  concluded  under  the  specific
provisions  of  the  Regulation  imposing  the  original  measures  when  sampling
was used (television camera systems, salmon, flat pallets of wood, hardboard);

amendment  of  measures  following  a  Judgment  of  the  Court  of  First  Instance
(handbags)

investigations carried out following applications to the Court of First Instance
seeking annulment of the Regulation imposing the definitive duties (synthetic
fibres of polyester)

investigations  carried  out  following  an  Appellate  Body  report  and  a  panel
report  adopted  by  the  Dispute  Settlement  Body  of  the  World  Trade
Organisation (bed linen).

More  information  can  be  obtained  from  the  Official  Journal  to  which  reference  is
given in Annex H.

3.2.4.  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.

35

In 2001, 2 new exporter reviews and no accelerated reviews were initiated. Since the
Commission  carried  out  the  first  reviews  of  this  type  in  1990,  a  total  of  34
investigations have been initiated.

As  to  the  investigations  concluded,  they  concern  one  new  exporter  review  (with
(one  with
imposition/amendment  of  duty)  and 
imposition/amendment of duty and two by termination).

three  accelerated 

review 

More  information  can  be  obtained  from  the  Official  Journal  to  which  reference  is
given in Annexes I and L.

3.2.5.  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  2001,  there  were  no  such  investigations  initiated  but  one  was  concluded  with
increase of duty.

More  information  can  be  obtained  from  the  Official  Journal  to  which  reference  is
given in Annex J.

3.2.6.  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.

In 2001, one investigation was initiated. More information can be obtained from the
Official Journal to which reference is given in Annex K.

36

3.3. 

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.

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 of
the  GATT  1994,  the  WTO  Agreement  on  Safeguards  and  other  WTO  rules.
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 (see heading 9.1.2).

As  regards  conventional  trade  regimes,  the  Commission  has  agreed  within  the
various bilateral agreements to 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  (in  particular  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.

4. 

MONITORING OF UNDERTAKINGS

Undertakings  are  a  form  of  anti-dumping  or  countervailing  measure.  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.

To  enable  the  Commission  to  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 by the
Commission at their premises, even   at short notice. In case of breach or withdrawal
of undertakings, a duty is imposed.

At  the  beginning  of  2001,  there  were  undertakings  in  force  accepted  from  266
companies, covering 19 products originating in 21 different countries.

During 2001, definitive anti-dumping and/or countervailing duties were imposed on
8  companies  following  breaches  of  their  undertakings  (farmed  Atlantic  salmon
originating in Norway – 3 companies; flat pallets of wood originating in Poland – 5
companies).  In  addition,  5  companies  voluntarily  withdrew  their  undertakings  (flat
pallets  of  wood  originating  in  Poland  –  1  company;  farmed  Atlantic  salmon

37

originating in Norway – 3 companies, hardboard originating in Latvia – 1 company).
The undertakings on tube and pipe fittings originating in Croatia (1 company) and on
unwrought  pure  magnesium  originating  in  Russia  and  Ukraine  expired  (3
companies). In view of the findings of a review investigation, the undertaking of one
other  company  was  no  longer  considered  necessary  (lighters,  non  refillable
originating in Thailand).

Price  undertakings  were also accepted  from a further  12 companies  in 4 new  cases
(steel ropes and cables originating in Czech Republic, Turkey, Russia and Thailand –
5  companies;  urea  originating  in  Bulgaria  –  1  company;  polyethylene  terephthalate
film  originating  in  India  –  5  companies;  aluminium  foil  originating  in  Russia  –  1
company)  and  from  8  new  exporters  in  existing  cases  (farmed  Atlantic  salmon
originating  in  Norway  -  2  companies;  wooden  pallets  from  Poland  -  5  companies;
certain flat-rolled products of non-alloy steel originating in India – 1 company).

This  brings  the  total  number  of  undertakings  in  force  at  the  end  of  2001  to  271.
Details  concerning  the  above  can  be  found  in  Annex  M  and  an  overview  of  all
undertakings in force can be found in Annex Q.

Due  to  the  ever-increasing  number  of  undertakings  and  to  their  complexity  ,  the
Commission  has  continued  to  allocate  additional  resources  to  the  monitoring  of
undertakings.

As undertakings have to provide the same remedial effect as the imposition of duties
would do in the alternative, 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  between  products,  not  all  of  which  are  subject  to  the
undertaking, when they are being sold to the same customer in the Community.

Once  undertakings  are  accepted,  continued  contacts  with  the  Community  industry
remain essential to  ensure  that  the  necessary  feedback  is  received  on  the  effects  of
the  undertakings  on  the  market.  In  this  way,  the  Commission  can  focus  its
monitoring activities more effectively.

5. 

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.  In  so  doing,  the  Commission  has  sought  to  structure  the  various
investigations in such a way as to best utilise its resources. During the year 2001, 3
decisions  were  adopted  relating  to  separate  applications.  Of  these  decisions,  2
granted  partial  refunds  of  duties  paid  and  1  decision  rejected  an  application  as  the
applicant  deigned  to  support  his  case  with  the  requisite  evidence.  Applications  in
respect of 4 further claims were eventually  withdrawn voluntarily by the  applicants

38

when  it  became  evident  that  they  would  not  receive  the  co-operation  of  their
exporting producers.

The  merits  of  a  further  7  refund  cases  were  also  under  consideration  as  the  year
closed.  7  new  refund  requests  were  also  lodged  during  the  year,  for  3  of  which  an
analysis of the merits will shortly be undertaken.

Further details can be found in Annex S.

6. 

JUDICIAL  REVIEW  :  DECISIONS  BY  THE  COURT  OF  JUSTICE  /  COURT  OF  FIRST
INSTANCE

6.1. 

Overview of the judicial reviews in 2001

In  2001,  four  Judgments  or  Orders  related  to  anti-dumping  or  anti-subsidy  were
rendered by the Court of First Instance (CFI) and three by the Court of Justice. In one
other technical decision , which had no consequences on the substance of the matter
or the policy followed by the Institutions, the CFI considered that there was no need
to adjudicate.

6.2. 

Cases pending

A list of the anti-dumping/anti-subsidy cases before the CFI and the Court of Justice
still pending at the end of 2001 is given in Annex T (10 before the CFI and 3 before
the Court of Justice).

6.3. 

New cases

Six  new  cases  were  lodged  in  2001  (compared  to  6  in  1999  and  7  in  2000),  four
before the CFI and two appeals before the Court of Justice. Therefore, the amount of
new cases remains stable over the last three years.

Cases brought to the CFI in 2001 dealt in particular with the following items:

– 

– 

– 

– 

– 

– 

determination of Market Economy Status27;

examination and appraisal of injury factors28;

adequate disclosure29;

determination of material injury30;

evaluation of the Community interest31;

Request for interim measures32;

27

28

29

30

31

32

T-35/01, Shanghai Teraoka v. Council, OJ C 118 of 21.4.2001, p. 41
T-35/01, Shanghai Teraoka v. Council, OJ C 118 of 21.4.2001, p. 41
T-35/01, Shanghai Teraoka v. Council, OJ C 118 of 21.4.2001, p. 41
T-35/01, Shanghai Teraoka v. Council, OJ C 118 of 21.4.2001, p. 41
T-132/01, Euroalliages v. Commission, OJ C 227 of 11.8.2001, p. 32
T-132/01 R, Euroalliages v. Commission

39

                                                
– 

– 

Annulation of the Commission decision to terminate an expiry review without
measure33;

choice of the analogue country/producer34.

6.4. 

Judgments rendered by the Court of First Instance

The following summaries only focus on the most important points of the Judgments
and do not deal with all questions raised in these Judgments.

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

– 

Cases T-82/00 - BIC et al. v. Council : Judgment of 5 April 2001 (ECR 2001
Page II-01241)

As  a  result  of  an  expiry  and  interim  review  investigation  of  Council  Regulation
(EEC)  No  3433/91  imposing  definitive  measures  on  imports  of  gas-fuelled,  non-
refillable  pocket  flint  lighters  originating,  inter  alia,  in  Japan,  the  Commission
concluded that if the measures were allowed to expire, the Community industry was
likely  to  suffer  injury  again.  However,  within  the  Council,  the  necessary  simple
majority for the adoption of two successive Commission proposals was not achieved.

In order to avoid both undue duration of the review and maintaining the measures in
force for an unlimited period of time, the Commission considered that the definitive
measures  should  be  repealed.  It  consequently  submitted  a  proposal  to  the  Council
which foresaw the repeal of the measures. The proposal was finally adopted by the
Council. Subsequently, the Community industry contested the Regulation stating that
the Council had failed to state an adequate reasoning for the repeal.

The CFI dismissed the application. For the Court, the reasoning from the Institution
was clear and univocal. It recalled that it is not necessary for the reasoning to go into
all the relevant facts and points of law, since the question whether the statement of
reasons is sufficiently detailed must be assessed with regard, not only to its wording,
but also to its context and to all the legal rules governing the matter in question.

Moreover,  the  CFI  contended  that  the  contested  Regulation  showed  without
ambiguity  that  the  Council  clearly  did  not  associate  itself  with  the  findings  of  the
Commission to maintain measures.

6.4.2.  Ferro-silicon originating in Egypt and Poland

– 

Case  T-188/1999-  Euroalliages  v.  Commission  :  Judgment  of  20  June  2001
(ECR 2001 Page II-01757)

In 1992, the Council imposed definitive measures on imports of Ferro-silicon (FeSi)
originating  in  Egypt  and  Poland.  The  Commission  terminated  in  1999  an  expiry
review without imposition of measures. The basis of the Decision was the absence of
likelihood of continuation or recurrence of injury.

33

34

T-132/01, Euroalliages v. Commission, OJ C 227 of 11.8.2001, p. 32
T-255/01, Changzhou Hailong Electronics & Yankon v Council, OJ C 3 of 5.1.2002, p.37

40

                                                
The  Community  industry  (the  Applicant)  lodged  an  application  before  the  CFI,
mainly based on an alleged violation of Article 11(2) of the basic Regulation.

The CFI dismissed the Application.

Firstly,  the  CFI  recalled  that,  contrary  to  the  Applicant's  allegations,  Article  11(2)
does not require to prove the continuation  or the  recurrence  of injury.  A finding of
likelihood,  however  not  the  mere  possibility  of  it,  is  sufficient.  Secondly,  the  CFI
stated  that  Article  11(2),  subparagraph  2,  provides  for  the  conditions  to  open  an
expiry review, not for the conditions to maintain measures. According to the CFI, the
3 criteria included in this paragraph are nothing but examples and must be regarded
as alternative and not cumulative. Therefore, the conditions to open an expiry review
must  not  be  confused  with  the  conditions  of  maintaining  measures.  Third,  the  CFI
held  that  from  the  foregoing  and  pursuant  to  the  basic  Regulation  and  the  Anti-
Dumping  Agreement  of  the  WTO,  the  continuation  of  measures  after  5  years
depends on very strict conditions and requires positive evidence of the likelihood of
recurrence  of  dumping  and  injury.  In  the  present  case,  the  CFI  considered  that  the
Commission  verified  correctly  that  dumping  continued  and  that  the  injury  was
eliminated.  But  the  Commission  could  not  prove  that  evidence  existed  showing  a
likelihood of injurious dumping, by reference to the circumstances of the exporters,
or market conditions. In the absence of such objective evidence, the Court concluded
that the Commission was correct in deciding not to maintain measures.

Finally,  the  CFI  had  to  judge  the  treatment  of  information  subsequent  to  the
investigation period. In this respect, the CFI recalled that the provisions of Article 6
of  the  basic  Regulation  governing  the  procedure  of  the  investigation  applied  to
expiry  reviews,  notably  the  rule  stating  that  "(…)  Information  relating  to  a  period
subsequent  to  the  investigation  period  shall,  normally,  not  be  taken  into  account".
According to the Court, in the case of expiry reviews, the reference in Article 11(2)
paragraph 3 to "all relevant and duly documented evidence presented" only relates to
the elements of evidence collected and duly verified during the investigation period
in accordance with the provisions of Article 6 of the basic Regulation.

6.4.3. 

Stainless steel bars originating in India

– 

Case  T-58/99  -  Mukand  et  al.  v.  Council  -  Judgment  of  19  September  2001
(ECR 2001 Page II-02521)

In  1998,  the  Council  adopted  Regulation  (EC)  No  2450/98  imposing  a  definitive
countervailing duty on imports of stainless steel bars (hereinafter SSBBs) originating
in India.

the  administrative  proceeding,  by  a  decision  closing  an  antitrust
During 
investigation, the Commission found that several Community producers of stainless
steel  flat  products,  an  upstream  product  to  SSBB,  infringed  competition  law  by
modifying and applying in a concerted manner the reference values  for the formula
for calculating an alloy surcharge (a component of the basic price).

After  the  contested  Regulation  was  adopted,  the  Commission  (DG  Competition)
initiated a further antitrust investigation, this time into an alleged concerted practice
in respect of the alloy surcharge in the SSBB market.

41

The Applicants brought the action before the CFI before they were informed of the
findings of the above-mentioned antitrust procedure, which found that there was no
anti-competitive  behaviour  by  Community  producers.  They  argued  that  any  injury
caused by other factors, in particular by anti-competitive conduct by the Community
industry itself must not be attributed to the imports in question.

Taking  into  account  the  decision  by  which  the  Commission  closed  the  antitrust
procedure,  the  Applicants  maintained  that  the  mere  fact  that  they  were  simply
affected by the anti-competitive behaviour of Community producers of flat products
was sufficient to conclude that the Community SSBBs price was not reliable.

The  CFI  annulled  the  contested  Regulation  with  respect  to  imports  from  the
Applicants.

The  CFI  condemned  the  Institutions  for  dismissing  out  of  hand  the  possibility  that
the concerted practice on the upstream flat products market might have affected the
reliability  of  prices  on  the  SSBBs  market.  The  CFI  concluded  that,  effectively,  the
Community  SSBBs  price  was  artificially  inflated  due  to  the  indirect  effect  of  anti-
competitive  practices  imputed  to  Community  producers  of  flat  products.  Had  the
Institutions  properly  assessed  the  reliability  of  the  SSBBs  price  in  the  Community
market, they would have established that the SSBBs price was artificially inflated.

6.5. 

Orders rendered by the Court of First Instance and by the Court of Justice

6.5.1.  Ferro-silicon originating in China, Kazakhstan, Russia and Ukraine

– 

Case T-132/01R - Euroalliages et al. v Commission : Order of 1 August 2001
and  27  February  2002,  and  Case  C-404/01P  (R)  -  Appeal  against  Order  of
1 August 2001 : Order of 14 December 2001

the  contested  Decision 

Definitive  anti-dumping  measures  were  imposed  on  imports  of  ferro-silicon  (FeSi)
originating  in  several  countries  in  1993  and  1994.  Following  an  expiry  review,  the
Commission  adopted 
the  anti-dumping
proceeding  without  maintaining  measures  on  imports  of  FeSi  from  China,
Kazakhstan,  Russia  and  Ukraine.  The  Commission  concluded  that  the  measures
would be likely to lead to the continuation or recurrence of dumping and injury but
did not consider that it was in the interest of the Community to maintain them (see
also heading 3.2.1.3).

terminating 

Euroalliages  and  others  brought  a  main  action  against  the  Commission  before  the
CFI  seeking  the  annulment  (Court  Case  T-132/01)  and  in  parallel,  the  Applicants
lodged a request before the CFI for interim measures (Court Case T132/01R).

In  Court  Case  T132/01R,  the  President  of  the  CFI  firstly  considered  the  injury
suffered by the Community industry, and qualified as material injury, as a synonym
for serious injury. Secondly, given the specific circumstances of the present case, he
concluded that the injury suffered by the Applicants would not disappear simply as a
result  of  a  judgment  annulling  the  contested  Decision.  Thirdly,  in  the  President's
view, the contested Decision was characterised by effects (likelihood of continuation
or  recurrence  of  injury  and  dumping)  not  inherent  to  any  decision  terminating  an
expiry  review  of  anti-dumping  measures.  Finally,  due  to  the  fact  that  it  was  not
certain that the Applicants would subsequently be compensated for the Community's

42

hypothetical  liability,  the  President  of  the  CFI  concluded  that  the  damage  was  also
irreparable in nature.

Therefore, the CFI concluded that there was urgency and declared that the imports of
FeSi from the countries concerned should be subject to registration without provision
of security by importers.

An  appeal  was  lodged  by  the  Commission  before  the  Court  of  Justice  against  the
Order of the President of the CFI.

In substance, in its Order the President of the Court of Justice mainly considered that
the  Order  of  the  President  of  the  CFI  was  based  on  the  fact  that  it  considered  the
injury as not inherent to this kind of decision and as irreparable exclusively because
the  compensation  for  damages  under  the  second  paragraph  of  Article  288  EC  was
hazardous.

Firstly, according to the Court of Justice, the injury that the Applicants might suffer
is  obviously  inherent  to  a  decision  to  terminate  a  proceeding  in  the  Community
interest.  Secondly,  the  uncertainty  linked  to  the  result  of  an  action  for  damages
cannot qualify the injury as irreparable in nature.

Therefore, the President of the Court of Justice annulled the Order of the President of
the CFI and referred the case back to the CFI.

In its Order, the President of the CFI finally followed the findings of the Order of the
President of the Court of Justice of 14 December 2001; i.e. the uncertainty linked to
the result of an action for damages cannot be regarded as irreparable. As a result of
this  lack  of  urgency,  the  President  of  the  CFI  dismissed  definitely  the  claim  for
interim measures.

6.6. 

Judgments rendered by the Court of Justice

6.6.1.  Appeal against CFI Judgment of 18 December 1997 in cases T-159&160/94

– 

Case  C-76&77/98P - Nutrasweet/Ajinomoto  &  Council  :  Judgment  of  3  May
2001

By  Regulation  (EEC)  No  1391/91,  the  Council  imposed  definitive  anti-dumping
duties  on  aspartame  originating  in  Japan  and  the  USA  pursuant  to  the  basic
Regulation  in  force  at  that  time,  Council  Regulation  (EEC)  No  2423/88  (the  Basic
Regulation). Nutrasweet was the sole producer in the USA, and had obtained the use
of patents for aspartame in the USA until 1991, i.e. after the end of the investigation
period. Ajinomoto was the sole producer in Japan. It did not export directly to the EC
but via transhipment through the USA.

On  18  December  1997,  the  CFI  dismissed  the  Application  brought  by  Nutrasweet
and Ajinomoto (the Appellants). See also 16th Annual Report from the Commission
to the European Parliament (1997) - heading 11.4.2.4.

First,  in  the  present  appeal,  the  Appellants  contented  that  the  existence  of  a  patent
only  on  the  exporter's  domestic  market  prevented,  in  the  determination  of  normal
value, the prices in that market from being comparable with the export prices.

43

Second, the appellants contented that  the CFI  erred in law  by  failing  entirely  in  its
duty to address in its judgment a fundamental principle of  Community law,  i.e.  the
right  to  a  fair  hearing,  permitting  exporters  to  be  heard  before  a  provisional  anti-
dumping duty is imposed.

The Court of Justice dismissed the appeal in its entirety.

As far  as the determination of the normal value is concerned, the Court first  stated
that the principle of Article 2(3)(a) of the basic Regulation, i.e. normal value based
on prices,  can be  derogated  from  by application of Article  2(3)(b)  only  when  there
are no sales of the like product in the ordinary course of trade, or when such sales do
not  permit  a  proper  comparison,  i.e.  those  sales  are  not  sufficiently  representative.
For the Court, these two foregoing situations are exhaustive in nature and both relate
to the characteristics of the sales effected rather than to the price of the product. In
the  view  of  the  Court,  the  Appellants  introduced  a  new  situation  that  the  basic
Regulation  has  not  envisaged  in  Article  2(3)(b),  i.e.  the  comparability  of  the
domestic and export prices. The existence of a patent protecting sales of the product
on  the domestic market  of the  export country  is  not  a  factor  which  falls  within  the
scope  of  one  of  the  two  derogations  provided  for  by  Article  2(3)(b)  of  the  basic
Regulation.

As far as the infringement of the right to a fair hearing is concerned, the Court stated
again  that  the  legality  of  a  definitive  regulation  providing  for  the  collection  of  the
provisional  anti-dumping  duty  may  be  affected  by  any  illegality  of  the  provisional
Regulation only in so far as that illegality is reflected in the definitive Regulation.

6.6.2.  Preliminary  ruling  :  Reference  to  the  Court  under  Article  234  EC  by  the
Finanzgericht  Düsseldorf  (Germany)  for  a  preliminary  ruling  -  Implementation  of
the Judgment in case C-245/95

– 

Case  C-239/99  -  Nachi  Europe  v  Hauptzollamt  Krefeld  :  Judgment  of  15
February 2001

By judgment of 2 May 1995 in joined cases T-163&165/94 (NTN Corporation and
Koyo Seiko v Council), the CFI annulled Article 1 of Regulation No 2849/9235 (the
contested Regulation) in so far as it imposed an anti-dumping duty on the Applicants.
The ensuring appeal from the Commission was dismissed by the Court of Justice.

Drawing the consequences  from these two judgments,  the Commission published a
Notice  which  stated  that  importers  could  request  reimbursement  from  national
customs  authorities  with  regard  to  products  manufactured  (ball  bearings)  by  the
Applicants only (Koyo Seiko and NTN).

A German company, imported ball bearings manufactured by its mother company in
Japan and requested reimbursement from the German authority of the anti-dumping
duties  which  it  had  paid.  The  request  was  rejected  and  therefore  the  German
company brought an action before the competent authority which decided to stay the
proceedings and to refer the question to the Court of Justice for a preliminary ruling.

35

Council  Regulation  (EEC)  No  2849/92  of  28  September  1992  modifying  the  definitive  anti-dumping
duty  on  imports  of  ball  bearings  with  a  greatest  external  diameter  exceeding  30  mm  originating  in
Japan.

44

                                                
The  Court  first  recalled  the  settled  case-law  according  to  which,  despite  their
legislative nature, anti-dumping regulations may be of direct and individual concern
to certain persons.  It  also recalled that the  scope of a  pronouncement of annulment
may not go further than that sought by the applicant itself.

In light of this, the Court concluded that the CFI was right to annul Article 1 of the
contested  Regulation,  only  in  so  far  as  it  imposed  anti-dumping  duties  on  the
applicants.  The  Court  then  added  that  the  German  company  who  had  a  right  to
challenge the contested Regulation directly before the CFI but failed to do so within
the applicable time-limits, could no longer seek to do so before national courts.

7. 

ANTI-DUMPING  AND  ANTI-SUBSIDY 
CONCERNING IMPORTS FROM THE COMMUNITY OR ITS MEMBER STATES

INVESTIGATIONS  OF  THIRD  COUNTRIES

At  the  beginning  of  2001,  17  countries  had  a  total  of  117  anti-dumping  and  anti-
subsidy measures in force against imports from the Community or its Member States.
During 2001, a further 15 measures were imposed. At the end of 2001, an additional
25 new investigations were in progress.

The Commission now has a “pro-active” approach in these cases. In selected cases,
there  is  increasing  intervention  vis-à-vis  the  investigating  authorities  of  the  third
countries at various stages of the domestic proceedings, as well as at WTO level. A
continuing  problem  in  these  cases  is  that  many  Community  exporters  do  not  co-
operate in these investigations with the inevitable result that measures are normally
imposed.  Any  significant  non-co-operation,  of  course,  reduces  the  capacity  of  the
Commission  to  intervene  and  therefore  one  of  the  aims  of  the  Commission  in  this
area is 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.

7.1. 

Anti-dumping cases against the Community or its Member States

7.1.1.  Overview

The table below provides a record of the anti-dumping action taken by third countries
against  the  Community  or  its  Member  States  in  2001.  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.

45

TABLE 3

Anti-dumping investigations against the Community or its Member States
during 2001

Total Of  which  (in  order  of  number  of

cases)

Measures in force at 1 January 2001

92

Investigations initiated prior to 2001
and still pending at end of 2001

Investigations initiated in 2001 still
pending at end of 2001

15

22

Definitive measures imposed in 2001

14

Measures repealed in 2001

Number of measures in force at end
2001

0

106

25  by  USA,  13  by  South  Africa,12
by  India,  8  by  Australia,  8  by
Canada, 4 by Brazil, 3 by Argentina,
3  by  Colombia,  3  by  Korea,  3  by
Mexico,  2  Malaysia,  2  by  New
Zealand,  2  by  Philippines,  1  Czech
Republic, l by Egypt, l by Israel, l by
Venezuela

5 by South Africa, 2 by Argentina, 2
by India, 2 by USA, 1 by Brazil, 1 by
China, 1 by Egypt, 1 by Indonesia

9  by  India,  5  by  USA,  1  by
Argentina,  1  by  Australia,  1  by
Brazil, 1 by China, 1 by Egypt, 1 by
Israel, l by South Africa, l by Turkey

5 by India, 3 by USA, 3 by Brazil, 1
by  Argentina,  1  by  Australia,  1  by
Indonesia

28 by USA, 17 by India, 13 by South
Africa, 9 by  Australia, 8  by Canada,
7  by  Brazil,  4  by  Argentina,  3  by
Colombia, 3 by Korea, 3 by Mexico,
2 by Malaysia, 2 by New Zealand, 2
by Philippines, 1 by Czech Republic,
1  by  Egypt,  1  by  Indonesia,  1  by
Israel, 1 by Venezuela

Provisional measures imposed in
2001

9

5  by  India,  1  by  Argentina,  1  by
China, 1 by South Africa, 1 by USA

In  2001,  Germany  is  the  Member  State  most  affected  by  definitive  anti-dumping
measures  (29),  followed  by  France  (28)  and  Italy  (23).  In  addition,  the  EU,  as  a
whole, is affected by another 15 definitive anti-dumping measures.

46

7.1.2.  Details on some individual cases

This  chapter  identifies  some  of  the  anti-dumping  actions  taken  in  2000  by  third
countries which merit special attention.

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

In December 2000, the USA opened a highly controversial anti-dumping case against
low  enriched  uranium  from  France,  Germany,  Netherlands  and  the  UK.  The
Commission considers that this investigation should never have been initiated since
the  petitioner  USEC  does  not  have  “standing”  to  lodge  a  complaint.  In  fact,  it  is
merely a sub-contractor which does not even own the product. The owner is in fact
against the case.

Despite  numerous  interventions  and  several  rounds  of  consultations  by  the
Commission,  the  USA  adopted  provisional  anti-dumping  measures  (17,52%  for
France and 3,35% for Germany, the Netherlands and the UK).

Besides “standing”, the Commission also criticised the provisional measures on other
grounds.  As  regards  France,  there  appeared  to  be  double  counting  of  anti-dumping
and  a  parallel  countervailing  provisional  measure.  On  the  one  hand,  the  USA
considered that prices between two state-owned firms were too high and constituted
a subsidy. Yet, for the anti-dumping case, they constructed what was supposed to be
a reasonable price between the two at approximately the same levels – i.e. the same
level which they considered constituted a subsidy. Both cannot be correct.

The  preliminary  injury  argument  was  also  very  weak.  In  fact,  any  injury  to  USEC
seems to be due to its own inefficiency and to the impact of Russian imports.

On 14 December 2001, the US investigating authority (DOC) released its definitive
findings. It found a dumping margin of 19,57% for France and a de minimis margin
for  the  Urenco  companies.  By  changing  its  subsidy  calculation,  the  DOC  had
apparently  eliminated  the  “double  counting”  problem,  but  had  clearly  created  a
dumping margin by imputing an artificially high electricity cost.

The definitive US International Trade Commission findings (on injury) for uranium
are scheduled to be issued in 2002.

7.1.2.2.  Hot-rolled steel products from the Netherlands

On 3 May 2001, the USA imposed a preliminary anti-dumping duty of 2,44% on the
above-mentioned  imports  from  Corus  (formerly  Hoogovens)  in  the  Netherlands.  In
establishing  the  dumping  margin,  the  USA  used  the  practice  of  “zeroing”  i.e.  they
calculated  dumping  margins  for  each  model  and  put  all  negative  dumping  margins
for individual models at zero. On this basis, they found a weighted-average dumping
margin of 2,44%. Without zeroing, there would not have been any dumping and the
case would have been terminated.

47

It  appears  that  the  USA  has  employed  virtually  the  same  methodology  as  the
Community  used  in  the  case  "Bed  linen  from  India".  This  was  found  to  be  WTO-
inconsistent  by  the  WTO  Appellate  Body,  and  consequently  was  abandoned.  It  is
important to note that the practice involved is systematic zeroing by model, and not
zeroing  in  cases  where  there  are  significant  differences  in  export  prices  among
different purchasers, regions or time periods (“targeting”), which would seem to be
permitted by Article 2.4.2 of the Anti-Dumping Agreement.

On  15  September  2001,  the  USA  confirmed  the  findings  and  imposed  a  definitive
duty of 3,06%.  There would still  have  been  no  dumping in  the absence  of zeroing.
The Commission services are examining the US practice in this field and may, at a
later stage, envisage WTO action.

7.1.2.3.  Stainless steel bars from France, Germany, Italy, Luxembourg and the UK

On 24 January 2001, the USA initiated an anti-dumping investigation against imports
of stainless steel bars from France, Germany, Italy, Luxembourg and the UK.

On  26  July  2001,  the  USA  issued  its  preliminary  determination  in  the  case  and
imposed  provisional  anti-dumping  duties  ranging  from  4,3  to  28,07%  for  France,
from 6,48 to 21,03% for Germany, from de minimis to 33% for Italy, and from 6,85
to 125,77% for the UK.

The principal European stainless steel bars producers have not been too punished by
these preliminary findings. In fact, the anti-dumping margin for the French company
Ugine  (Usinor  Group)  is  only  4,30%,  for  the  Anglo-Dutch  company  Corus  6,85%
and  for  the  Italian  producer  Valbruna  de  minimis  (1,85%).  The  quite  high  level  of
dumping  for  the  Italian  company  Cogne  (the  first  largest  producer  of  the  subject
merchandise in Italy) can be explained by the fact that the company decided not to
co-operate with the US investigating authority.

Three  of  the  four  German  producers  received  a  quite  high  anti-dumping  margin
(average rate varies from 17,07 to 21,03%). Finally, the USA imposed a preliminary
margin of 125,77% ad valorem to the UK firm Firth Rixson Specialty Steel.

Member States as well as the companies were contacted in order to be sure that no
further legitimate claims were rejected by the US investigating  authority. However,
the  main  concern  of  the  Commission  services  were,  once  again,  the  issue  of
“zeroing”, which has been described above in the US investigation on hot-rolled steel
products.

The final determination in this case is expected in 2002.

7.1.2.4.  Structural steel beams from Germany, Italy, Luxembourg and Spain

On 24 May 2001, the  USA filed  a  complaint regarding structural steel beams from
Germany, Italy, Luxembourg and Spain.

On 19 December 2001, the USA issued its preliminary determination in this case and
imposed provisional duties of 6,5% to 35,7% on Germany and 2,4% on Luxembourg.
Spain  and  Italy  were  found  to  be  de  minimis.  It  would  seem  that  it  is  only  the
application of zeroing that took Luxembourg above de minimis.

48

7.1.2.5.  Cold rolled flat products of stainless steel from the Community

On 29 November 2001, India imposed provisional duties ranging from 50 to 90% on
imports of cold rolled flat products of stainless steel from the Community. This was
in fact done only 3 months after initiation of the case. Unlike the Community, India
imposes provisional measures without first carrying out verification visits; these are
made following provisional measures.

The first problem encountered by Community exporters in selling to India is the high
ordinary import tariffs that are paid on importation. In this case, these approximated
40%.  In  selling  to  such  a  market  it  is  almost  impossible  not  to  dump  because  the
export price has to be low enough to take account of  the  fact  that  a  cost  of  40% is
added upon importation.

In a dumping investigation, however, injury also has to be established and it is in this
regard  that  Indian  investigations  may  be  difficult  to  reconcile  with  international
rules. In contrast to the position when establishing dumping, when high import tariffs
can  create  dumping,  these  same  import  tariffs  should  make  it  very  difficult  to
establish injury. For example, in this particular steel case, undercutting was alleged
despite  the  existence  of  the  40%  import  tariffs.  This  inevitably  means  Indian
domestic  prices  must  be  very  high  and  this  must  raise  questions  on  their  level  of
efficiency.  In  addition,  the  Indian  investigation  has  made  no  attempt  to  identify
whether factors other than imports are causing injury.

And,  most  important  of  all,  there  is  no  clear  evidence  to  justify  that  extra  anti-
dumping  duties  averaging  over  50%  are  necessary  to  remove  injury,  i.e.  current
import prices plus 40% ordinary customs duties plus 50% anti-dumping duties.

The Commission will continue to monitor this case.

7.1.2.6.  Wheat flour from the Community

On  22  March  2000,  Indonesia  initiated  an  anti-dumping  investigation  concerning
imports  of  wheat  flour  originating  in  Australia,  the  United  Arab  Emirates  and  the
European  Community.  This  followed  a  complaint  lodged  by  the  most  important
Indonesian producer of wheat flour.

On  22  June  2001,  the  Indonesian  Government  published  a  disclosure  document
setting  out  the  terms  of  the  likely  final  determination  in  this  case.  Provisional
measures  were  imposed  in  accordance  with  these  findings:  21,3  to  35,93%  for  the
Community.

The Commission, as well as Euroflour, acting on behalf of European exporters, was
watching the case very carefully as it was controversial in a number of respects. In
fact,  the  main  reason  for  increased  imports  of  wheat  flour  in  Indonesia  was  the
opening of the Indonesian market to imports, which was an obligation they took on
in  return  for  an  IMF  loan.  Prior  to  this,  the  sole  Indonesian  complainant  had  a
monopoly  on  the  sale  of  wheat  flour  on  the  Indonesian  market.  Thereafter,  it  was
only to be expected that imports would rise and prices fall.

This market opening occurred in the middle of 1998, only  a few months before the
investigation  period  used  by  the  Indonesian  authorities,  i.e.  the  year  1999.  They
compared events in first half of 1999 to events in the second half of 1999. In view of

49

the Community, imports were bound to increase in 1999 given that deregulation had
only taken place a short time earlier.

Moreover,  the  complainant  was  making  profits  exceeding  20%  even  in  the  second
half of investigation period and it still held 75% of the market - all this happened in a
growing  market  as  consumption  increased  by  over  20%  in  1999.  The  complainant
actually increased sales though it lost market share.

After  a  number  of  interventions  by  the  Commission,  it  appears  that  Indonesia  will
not impose measures, though no formal announcement of this has been made despite
the WTO time limit of 18 months.

7.1.2.7.  Polyvinyl  chloride  from  Belgium,  Germany,  Finland,  Greece,  Italy  and  the

Netherlands

Turkey  has  an  on-going  anti-dumping  investigation  which  was  initiated  in
December  2001  concerning  polyvinyl  chloride  originating  Belgium,  Germany,
Finland, Greece, Italy and the Netherlands. The Community exports targeted by this
proceeding amounted in 2000 to € 97 million.

As regards procedural requirements, Turkey has so far complied with its multilateral
and bilateral obligations. The Commission services are following this case attentively
and will take action wherever appropriate.

7.2. 

Anti-subsidy cases against the Community or its Member States

7.2.1.  Overview

The table below provides a record of the anti-subsidy action taken by third countries
against  the  Community  or  its  Member  States  in  2001.  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 B.

50

TABLE 4

Anti-subsidy investigations against the Community or its Member States
during 2001

Total Of  which  (in  order  of
number of cases)

Measures in force 1 January 2001

Investigations initiated prior to 2001 and
pending at end 2001

Investigations initiated in 2001

Definitive measures imposed in 2001

Measures repealed in 2001

Number of measures in force at end 2001

25

1

3

1

0

26

4 

by  USA, 

by
11 
Australia,  3  by  Argentina,
3  by  Venezuela,  2  by
Canada, 1 by Mexico, l by
New Zealand

1 by USA

3 by USA

1 by Australia

5 

by  USA, 

11 
by
Australia,  3  by  Argentina,
3  by  Venezuela,  2  by
Canada, 1 by Mexico, 1 by
New Zealand,

Provisional measures imposed in 2001

1

1 by USA

In  2001,  Italy  is  the  Member  State  most  affected  by  definitive  countervailing
measures (10), followed by France (7). In addition, the EU, as a whole, is affected by
another 10 definitive countervailing measures.

7.2.2.  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.

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

The USA opened a highly controversial countervailing case on low enriched uranium
from France, Germany, the Netherlands and the UK. The Commission considers that
this  investigation  should  never  been  initiated  since  the  petitioner  USEC  does  not
have  “standing”  to  lodge  a  complaint.  In  fact,  it  merely  provides  a  servicing  or
processing service and does not even own the product. The owner is in fact against
the case.

Despite  numerous  interventions  and  several  rounds  of  consultations  by  the
Commission,  the  USA  adopted  provisional  countervailing  measures  of  3,72%  for
Germany, the Netherlands and the UK and 13,94% for France.

51

Besides “standing”, the provisional measures could be criticised on several grounds.
(See the “double-counting” issue described under anti-dumping). As regards France,
there  appears  to  be  double-counting  of  countervailing  and  anti-dumping  measures.
On  the one hand,  the  USA  considered  that  prices  between  two  state-owned  French
firms were too high and constituted a subsidy.  Yet, for the anti-dumping  case, they
constructed  what  was  supposed  to  be  a  reasonable  price  between  the  two  at
approximately the same levels – i.e. the same level which they considered constituted
a  subsidy.  Both  cannot  be  correct  and  the  Commission  will  strongly  fight  this
“double-counting” aspect.

On  14  December  2001,  the  US  investigating  authority  (DOC)  issued  its  definitive
countervailing  findings  and  imposed  countervailing  measures  of  2,23%  (Urenco
companies)  and  13,21%  (Eurodif  from  France).  For  France,  the  Commission
considers  that  DOC  wrongly  included  non-existent  costs  for  electricity,  thereby
artificially  creating  the  subsidy  margin.  As  regards  Urenco,  the  application  of  the
international  consortium  provision  and  contingent  liability  may  run  counter  to  the
SCM Agreement. The injury findings, particularly as regards causality, are extremely
weak.

The definitive US International Trade Commission findings (on injury) for uranium
are scheduled to be given early in 2002.

7.2.2.2.  Stainless steel bars from Italy

On  31  May  2001,  the  USA  issued  its  preliminary  determination  in  the  case  of
stainless  steel  bars  from  Italy.  With  the  exception  of  one  ex-Ilva  firm  privatised  in
1994 (Cogne), for which the countervailing duty is 12,6%, the countervailing rate of
all the companies under investigation was determined to be either zero or de minimis.
Since the “subsidies” for Cogne are based on the discredited “new methodology” on
privatisation  and  therefore  non-existent,  the  USA  indirectly  acknowledges  that
subsidies are no longer benefiting the European Steel industry.

This  result  is  not  surprising.  Since  more  than  five  years,  the  European  Steel  sector
has  been  almost  completely  privatised  and,  under  the  watchful  eye  of  the
Commission, any further state aid has been monitored and authorised only when in
line with the Community’s competition law.

Furthermore, these findings are important because they clearly demonstrate that the
US  steel  industry’s  requests  for  protection  based  on  alleged  unfair  practices  are  no
longer justified as regards the Community.  It  seems  that,  if Community  imports  do
cause a problem for the US industry, it is due only to competitive advantage brought
about by efficient methods and better technology.

The only way in which the USA can find some subsidization, and has done for one
exporter in this case (Cogne), is by using its discredited privatisation methodology.
In this case, it has applied the so-called  “same person” approach, developed  by the
USA  in  substitution  of  the  previous  change-in-ownership  methodology  (“Gamma
methodology”), found to be inconsistent with the US’ international commitments by
the WTO Panel and Appellate Body in the British Steel case. As has been explained
before,  this  “new”  methodology,  which  uses  self-serving  criteria  to  determine  if  a
company remains the same after its privatisation, is not only WTO incompatible but

52

also  has  begun  to  represent  a  deterrent  to  the  participation  in  investigations  of
companies which have been privatised.

In  other  words,  these  companies,  particularly  those  which  have  been  investigated
before, know very well that, under the current US methodology, they have no chance
to rebut the US presumptions introduced with the new methodology. They therefore
decide  not  to  take  part  to  the  investigation,  in  order  to  save  at  least  legal  expenses
which  are  in  these  proceedings  very  high.  This  is  exactly  what  happened  to  the
Italian firm Cogne Acciai Speciali S.p.A. in the course of the current investigation.

This situation is highly prejudicial for a number of European steel companies which
have  been  privatised  during  recent  years.  For  this  reason,  the  Community  has
challenged the DOC’s “same person” methodology before a WTO panel.

The final determination in this case is expected mid January 2002.

7.2.2.3.  Canned peaches from Greece

Australia  initiated  this  sunset  review.  The  measures  (against  production  aid  only)
are due to expire on 18 February 2002. The Commission made several submissions
to  the  Australian  investigating  authority  in  connection  with  the  above-mentioned
proceeding.

The  Commission  argued  that  the  production  aid  is  no  longer  paid  to  producers  of
canned  peaches.  It  is  now  paid  to  peach  growers,  who  obviously  do  not  produce
canned  peaches.  Therefore,  Australia  is  required  to  positively  demonstrate  that  the
aid has benefited the canners, not the peach growers.

The Commission stated that, absent a positive demonstration of an upstream benefit
to  the  canners,  Australia  should  conclude  that  there  is  no  subsidy  to  the  imported
product under the new Community aid regime, and that there can be no continuation
or recurrence of subsidy; consequently, the countervailing duty proceeding should be
terminated in accordance with Article 21.3 of the SCM Agreement.

A statement of essential facts was made publicly available on 26 October 2001. The
Australian  investigating  authority  concluded  that  “a  countervailable  subsidy
continues to be provided by the Community – albeit indirectly – for the processing of
peaches". In turn, this provided assistance to the processors of peaches in Greece. As
a result, any canned peaches exported to Australia would be at subsidised prices. It
was furthermore considered that exports of canned peaches from Greece continue to
be  subsidised;  that  there  is  likely  to  be  a  recurrence  of  material  injury  to  the
Australian  peach  canning  industry  in  the  absence  of  the  current  countervailing
measures;  and  that  the  material  injury  could  be  linked  with  exports  of  canned
peaches at subsidised prices from Greece.

The Commission made a further submission the 15 November 2001 arguing that “it
is very unlikely there would be a recurrence of injury in this case. The Community
has  considerably  reduced  the  amount  of  aid.  The  exporters  of  canned  peaches  no
longer  receive  a  subsidy  and  the  new  aid  regime  will  apply  for  the  future.  The
Australian  domestic  industry  is  in  a  healthy  situation,  and  it  has  the  perspective  to
become even stronger given the dominant position on the Australian market”.

53

However,  the  Australian  investigating  authorities  maintained  their  position,  and
continuation of the countervailing measures for a further five years is expected to be
announced shortly.

7.2.2.4.  Canned tomatoes from Italy

Australia  initiated  this  sunset  review.  The  measures  are  due  to  expire  on  28  April
2002. The Commission has made several submissions to the Australian investigating
authority in connection with the above-mentioned proceeding.

The  issue  is  essentially  the  same  as  in  the  review  on  canned  peaches.  However,
exports of canned tomatoes receive export  restitution. The Commission argued that
the export restitution has been reduced in compliance with the Uruguay Agreement.

Notwithstanding  the  issue  of  export  restitution,  the  Commission  argued  that  “the
Australian domestic industry is not suffering material injury from imports of canned
tomatoes from Italy. The processors/exporters of canned tomatoes no longer receive
any production aid whatsoever, and subsidy and injury could simply not recur if the
countervailing duty is allowed to expire”.

A statement of essential facts will be made publicly available on 21 January 2002.

8. 

SAFEGUARD MEASURES CONCERNING THE COMMUNITY

8.1. 

Overview

In 2001, 9 countries initiated a total of 12 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 Committee
on  Safeguards  in  Geneva  and  in  various  occasions,  it  has  requested  consultations
with countries adopting safeguard measures pursuant to Article 12 of the Agreement
on Safeguards.

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.

54

TABLE 5

Safeguard investigations by third countries during 2001

Total Of  which  (in  order  of  number  of

cases)

Measures in force 1 January 2001

Investigations  initiated  prior  to  2001
and still pending at the end of 2001

Investigations initiated in 2001

17

9

12

Definitive measures imposed in 2001

12

Measures repealed in 2001

Number  of  measures  in  force  at  end
2001

1

28

4 Chile, 3 USA, 2 India, 2 Russia, 1
Argentina,  1  Brazil,  1  Czech,  1
Korea, 1 Poland, 1 Ukraine

3 by Japan, 2 by Ecuador, 2 by India,
1 by Korea, 1 by Venezuela

3  by  Czech  Republic,  2  by
Venezuela,  1  by  Brazil,  1  by
l  by
Bulgaria,  1  by  Chile, 
Philippines, l by Poland, l by Russia,
l by USA

2  by  Argentina,  2  by  Russia,  2  by
Ukraine,  ,  1  by  Chile,  1  by  Czech
Republic,  1  by  Egypt,  l  by  Jordan,  l
by Morocco, l by Slovakia

1 by USA

5  by  Chile,  4  by  Russia,  3  by
Argentina, 3 by Ukraine, 2 by Czech
Republic, 2 by India, 2 by USA, 1 by
Brazil, 1 by Egypt, 1 by Jordan, 1 by
Korea, 1 by Morocco, 1 by Poland, 1
by Slovakia

Provisional measures imposed

1

1 by Philippines

Annex V provides a more detailed breakdown and picture of these cases.

8.2. 

Details on some individual cases

This section sets out some cases, which merit special mention.

8.2.1. 

Steel imports

At least in terms of the trade volume, the most important trade defence investigation
initiated  by  the  USA  was  the  safeguard  case  opened  against  steel  imports.  The
initiation covered approximately US$ 17 billion of imports of which US$ 5-6 billion
originated in the Community.

On  22  October  2001,  the  US  International  Trade  Commission  (ITC)  found  serious
injury  for  16  of  the  33  products  originally  included  in  the  investigation.  On  7
December  2001,  ITC  announced  its  recommendations  and  views  on  remedy.  The
ITC  recommended  substantial  tariffs  on  55%  of  all  the  US  imports  of  steel  with
tariffs of 20 percent proposed for some of the products.

55

The  Community  set  out  in  detail  its  concerns  about  this  investigation.  Particular
concern was voiced about the scope of the investigation in terms of identification of
the  products  and  US  domestic  industries  involved.  A  clear  product  scope  should
always be fixed at the initiation of a proceeding, and not at the end as was done by
the  ITC  in  this  case;  otherwise  the  rights  of  defence  of  interested  parties  are
adversely affected.

It was also pointed out that many of the products subject to this safeguard proceeding
were  already  subject  to  anti-dumping  or  countervailing  measures.  It  appears  very
doubtful whether it is legitimate to include any products that are already covered by
such  measures,  and  whose  injurious  effects  are  therefore  already  remedied.  At  the
very  least,  the  ITC  should  have  addressed  the  existence  of  these  measures  in  its
proposals on remedy.

The Community also doubts that the current position of the US industry was caused
by “unforeseen developments” as required under WTO rules. For the last decade or
longer, most US steel producers have failed to restructure and lost their competitive
edge.  The  consequences  of  this  inaction  therefore  cannot  be  described  as
“unforeseen”  and  in  fact  the  present  US  problems  on  steel  have  been  widely
predicted for some years.

The most substantial weakness of this case can however be seen from an examination
of  import  statistics.  These  can  not  be  interpreted  as  showing  sudden,  recent,  sharp
and significant increases, as required by current safeguard jurisprudence. Imports of
almost  all  steel  products  have  continued  to  decrease  since  the  last  months  of  2000
and  throughout  2001.  Moreover,  it  is  well  known  that  not  all  US  producers  are
suffering injury. Indeed, the so-called mini-mills, which represent almost 40% of US
industry, have been doing very well in recent years.

At the end of 2001, there were indications that the USA would impose some form of
measures.  Indeed,  this  was  confirmed  in  early  2002.  On  5  March  2002,  by
Presidential Proclamation No 7529, the USA decided to impose safeguard measures
which became effective as from 20 March 2002. For almost 70% of the Community
exports  to  the  USA,  these  measures  take  the  form  of  a  tariff  increase  of  30%  and
consequently imply a substantial closing of the US steel market. The Community has
initiated  WTO  dispute  settlement  proceedings  against  the  US  measures  (case
WT/DS248). A panel was established on 3 June 2002.

8.2.2.  Canned peaches

In August 2001, Argentina imposed a definitive safeguard measures of US$ 0,50 per
kg,  a  rate  equivalent  to  approximately  85%  ad  valorem  against  imports  of  canned
peaches.  Moreover,  Argentina  has  had  definitive  countervailing  duties  in  force
against these imports from the Community and other sources since January 1996 at
the level of 18,12% (Italy), 12,55% (Spain) and 12,15% (other Member States). The
Community is the most important  producer  and  exporter  of  canned  peaches  world-
wide. Greece, in particular, is said to account for over 50% of world exports.  Italy,
Spain and France hold lower but still significant market share.

In January 2002, countervailing duties were extended for a further five year period as
a result of a review initiated at the beginning of 2001 (at the level of US$ 44,35 per
ton, equivalent to approximately 10,5% ad valorem).

56

Throughout  both  proceedings,  the  Commission  has  intervened  at  various  stages
emphasising its concerns on the substance of the procedures.

The  Commission  criticised  in  particular  the  weak  injury  findings  in  both
proceedings, the overestimation of the subsidy amount, and on a more general basis
the  classification  of  the  subsidies  in  question  as  being  specific  subsidies  and
therefore in breach of WTO rules. Furthermore, the Commission opposed the parallel
imposition of countervailing duties and safeguard measures, because both measures
aim to offset the “same” injury.

In  addition,  it  should  be  noted  that  Argentina  recently  raised  its  customs  tariffs
applicable  to  up  to  35%.  These  three  measures  can  be  considered  as  “triple
protection”  to  remedy  one  and  the  same  injury,  which  is  not  allowed  under  WTO
rules.

In  December  2001,  Chile  requested  the  establishment  of  a  panel  concerning  the
definitive  safeguard  measures  imposed.  Chile  are  contesting  the  measure  on  a
number of points, most of which are in line with the  views of the Community.  For
example,  the  lack  of  a  finding  of  an  emergency  arising  from  “unforeseen
developments”,  the  lack  of  an  increase  in  imports  as  well  as  deficiencies  in  the
investigation  with  regard  to  injury  and  causality.  Furthermore,  Chile  contested  the
level  of  the  measure  on  the  grounds  that  it  would  exceed  the  level  necessary  to
prevent or remedy the alleged serious injury.

Chile  is  the  second  biggest  exporter  of  canned  peaches  to  Argentina  after  the
Community,  and  also  a  target  of  the  Argentinean  safeguard  measure  in  force.
However,  it  argued  repeatedly  that  the  source  of  the  Argentinean  problem  is  the
Community aid regime for  canned peaches which enables Community producers to
export at extremely low prices.

In order to defend its legitimate interests in this case the Community has registered
as a third party in this panel proceeding.

8.2.3.  Toys

In  1996,  Brazil  imposed  a  safeguard  measure  against  imports  of  all  type  of  toys
originating in the Community. These measures, which were supposed to expire on 31
December 1999, were extended until December 2002.

Though this is not a case where measures were imposed in 2001, it is an important
case to highlight for a number of reasons, not in the least because Brazil treated all
toys as like or directly competitive products. The Community takes the view this is
far too broad a definition and could lead to abuse of the safeguard instrument. It may
be that some toys are directly competitive products and that low prices could lead to
some customers switching from one type of toy to another. But, this must be shown
to be the case and a simple assumption should not suffice.

In  fact,  Brazil  imposed  measures  on  all  kinds  of  imported  toys  without  regard  to
price,  target  customers  or  even  application.  Brazilian  authorities  justified  this
decision  by  simply  stating  that  directly  competitive  products  included  those  that
disputed  the  same  market  and  were  near  substitutes  for  each  other.  But  these

57

assertions were not backed up by evidence and in the view of the Community  each
toy cannot be viewed as a potential substitute for any other toy.

8.2.4. 

Steel pipes

The  Czech authorities initiated  the  preliminary investigation  on  27  June  2001.  The
Community seems to be the main importer with a trade interest of € 53 million in the
year 2000. The Czech authorities have not presented any conclusions so far, however
it is suspected that the initiation of the case is linked to an Community anti-dumping
investigation into imports of steel tubes and pipes originating, inter alia, in the Czech
Republic, which started on 1 June 2001.

8.2.5.  Textiles

The  preliminary  investigation  was  initiated  by  the  Czech  authorities  in  June  2001
and  aims  to  cover  the  entirety  of  clothing  imports  (HS  chapters  61  and  62).  In
consultations  held  with  the  Czech  authorities  before  initiation  of  the  case,  the
Commission  warned  of  the  difficulty  of  carrying  out  an  investigation  into  such  a
wide  number  of  products  and  expressed  the  view  that  the  injury  test  would  be
difficult  to  pass.  The  Commission  also  addressed  a  letter  to  the  Czech  Mission
pointing out that these products benefit from a fully liberalised regime applied by the
Community towards the Czech Republic (no tariffs and no quotas) and have allowed
for an important increase of Czech exports to the Community. The Czech authorities
were therefore requested to exclude the Community from any safeguard measure.

8.2.6.  Nitrates of potassium

Poland initiated this case on 22 December 2000 and notified the WTO on 5 January
2001. Consultations were held between the Commission and the Polish authorities in
February  2001  within  the  framework  of  the  Europe  Agreement.  The  Poles  have
announced  their  intention  to  apply  measures  sometime  in  the  future  in  view  of  the
alleged  serious  injury  suffered  by  their  industry,  but  have  not  yet  presented  the
Commission with final conclusions on this case.

8.2.7. 

Sugar confectionery (caramels)

Russia  initiated  this  case  in  February  2001  and  imposed  provisional  measures  in
May  2001.  Definitive  measures  are  announced  for  January  2002.  The  measure
consists of a 21% duty, though not less than € 0,18 per kg, to remain in force for a
period of 2,5 years. In terms of trade interest, this is the most important measure in
force, where the Community trade interest was € 25 million in the year 2000.

The Commission considers that  the  imposition of measures against  the  Community
was not justified  in  this  case  since  there  was  no  clear  increase  in  imports  from  the
Community, the level of imports in the year 2000 being roughly the same as in 1997.
Furthermore, there was no evidence of price undercutting on the part of the EC and
substantial injury to the Russian industry had not been demonstrated. Consultations
took  place  in  Moscow  in  September  2001  concerning  the  imposition  of  the
provisional  measures  and  again  in  December  2001  with  respect  to  the  planned
imposition  of  definitive  measures.  In  our  view,  the  correct  measure,  if  any,  would
have  been  tariff  quota  which  would  have  affected  Ukraine,  whose  exports  had
sharply increased.

58

There has been disagreement about the correct application of the terms of Article 17
of the EU-Russia Partnership and Co-operation Agreement (PCA). Most importantly,
Russia has not provided all relevant information and has not always provided for 30
days  of  consultations  before  the  imposition  of  measures.  However,  there  has  been
some improvement recently in this respect.

8.2.8.  Magnesium fire-resistant materials

With  respect  to  Ukraine,  the  investigation  concerning  imports  of  magnesium  fire-
resistant  materials  originating,  inter  alia,  in  Germany  was  initiated  in  September
2000. In April 2001, the imposition of measures in the form of quota was announced,
applicable for a period of 4 years.

Consultations took place in Kiev in May 2001 to discuss the proposed imposition of
safeguard  measures  on  this  product.  During  these  consultations,  the  Commission
services explained that the imposition of measures was not warranted in this case. In
particular, the level of imports from the Community (Germany) was low, it was sold
at  high  prices  and  there  was  no  evidence  of  substantial  injury  to  the  domestic
producers.  In  August  2001,  Ukraine  announced  the  decision  to  conclude  this
investigation without the imposition of measures.

59

9. 

ACTIVITIES IN THE FRAMEWORK OF THE WORLD TRADE ORGANIZATION (WTO)

9.1. 

Dispute settlement in the field of anti-dumping, anti-subsidy and safeguards

9.1.1.  Overview 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 the 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  requesting  the  establishment  of  a  special  group
("panel"). The panel will issue a report, which can be appealed before the Appellate
Body  (each  appeal  being  heard  by  three  members  of  a  permanent  seven-member
body set up by the Dispute Settlement 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 unanimity.

Anti-dumping,  anti-subsidy  and  safeguards  are  among  the  most  popular  subject
matters in WTO dispute settlement. Out of the  56 panel reports adopted between 1
January 1995 and 31 December 2001, 19 cases referred to the aforementioned areas.

9.1.2.  Dispute settlement procedures initiated by the Community

9.1.2.1.  USA - Privatisation methodology (countervailing duties)

In  May  2000,  the  WTO  Appellate  Body  confirmed  a  panel’s  finding  that
countervailing duties imposed by the US Department of Commerce (DOC) on British
Steel’s exports of Lead and Bismuth steel from the UK were in breach of the WTO
Subsidies Agreement.

The  US  took  the  view  that  the  ruling  only  applied  to  the  British  Steel  case,  and
therefore  had  no  impact  on  a  number  of  other  DOC  measures  against  privatised
Community  steel  companies.  On  all  these  outstanding  cases,  WTO  consultations
were held on 7 December 2000 and 3 April 2001, but did not lead to any progress.

In  fact,  the  US  reaction  was  to  introduce  another  methodology  that  they  pretended
was  WTO  compatible.  But,  this  so-called  new  methodology  is  still  clearly  at  odds
with the findings of the Dispute settlement Body. Consequently, the Commission had
little  alternative  but  to  challenge  it  before  the  WTO.  The  challenge  in  fact  covers
both the old (which applies to 11  outstanding  measures)  and  the  new  methodology
(which involves one measure). A panel was established on 10 September 2001

9.1.2.2.  USA  -  Countervailing  measures  on  corrosion-resistant  carbon  steel  flat  products

from Germany

In  1992,  the  USA  imposed  a  definitive  countervailing  duty  of  0,6%  on  the  above-
mentioned imports. Following a sunset review, the USA, on 2 August 2000, issued a
determination that the revocation of the countervailing duty order would be likely to
lead to recurrence of subsidisation and imposed a duty of 0,54%. This is below the de
minimis levels that apply in new investigations.

60

Though the  WTO Agreement does not specify  a de minimis threshold under  which
measures should not be re-imposed in sunset cases, logic would indicate that in some
reviews  they  should.  In  this  particular  sunset  case,  the  question  being  addressed  is
whether  the  subsidy  would  continue  or  recur  should  the  measures  be  removed.
Though the answer in this case is in the affirmative, it would only be at de minimis
levels  which,  the  subsidy  being  non-recurring,  could  never  increase  beyond  that
level. In these circumstances, the only fair thing to do would be to terminate the case.

As  this  problem  can  potentially  affect  all  non-recurring  subsidy  cases,  dispute
settlement consultations were held in December 2000 and February 2001 and a panel
was established on 10 September 2001.

9.1.2.3.  USA - The Dumping and Subsidisation Offset Act

On 28 October 2000, the US Congress enacted the Dumping and Offset Act (the so-
called  Byrd  Amendment).  According  to  this  legislation,  proceeds  of  anti-dumping
and  countervailing  orders  are  redistributed  to  the  domestic  petitioners.  The
Community,  with  a  large  number  of  other  WTO  members,  considers  that  this
legislation  is  incompatible  with  Article  18(1)  of  the  Anti-dumping  Agreement  and
with  Article  32(1)  of  the  Agreement  on  Subsidies  and  Countervailing  measures,
since  it  constitutes  a  specific  action  against  dumping  or  subsidisation  which  is  not
foreseen by the WTO agreements.

This interpretation was reinforced by the Appelate Body findings in United States –
1916  Anti-Dumping  Act.  Furthermore,  the  Community  finds  that  the  Byrd
Amendment  influences  the  determination  of  the  standing  of  petitioners  and  makes
the acceptance of undertakings more difficult.

Besides the legal aspects of this case, there are other reasons for fighting this new US
law,  not  in  the  least  the  fact  that  it  would  be  likely  to  result  in  many  more  anti-
dumping and anti-subsidy cases being filed. Successful cases could lead to hundreds
of million of dollars being distributed to complainants, e.g. the lumber cases which
the USA has recently opened against Canada.

In  February  2001,  dispute  settlement  consultations  were  held  in  Geneva  without
result. The Dispute Settlement Body established a panel in August 2001.

9.1.2.4.  Argentina - ceramic floor tiles

On 12 November 1999, Argentina imposed a minimum price duty against imports of
ceramic floor tiles from the Community. Even a cursory examination of this case was
sufficient  to  show  that  Argentina  had  acted  inconsistently  with  WTO  rules  and  the
Community referred the matter to a panel. This panel upheld all the claims submitted
by  the  Community  and  the  Dispute  Settlement  Body  report  was  adopted  on  5
November 2001, as Argentina did not appeal.

The  panel  ruled  against  Argentina  on  four  main  grounds  :  for  disregarding
information supplied by Community exporters on normal value and exports without
having demonstrated legitimate reasons for the rejection of the  information;  for  not
determining an individual rate of duty for each exporter within the sample; for failing
to make the necessary adjustments to the export price and the normal value; and, for
not making disclosure to the exporters concerned.

61

This  was  an  important  case  for  the  Community,  not  because  of  the  trade  volume
involved, but because it clarified a number  of issues  relating to the standards of  an
investigation.  In  particular,  the  findings  will  have  an  impact  on  new  users  of
commercial defence instruments whose standards do not always meet those required
by the WTO Agreements.

Argentina  was  required  to  comply  with  the  panel  findings  by  5  April  2002.  The
Community  has  taken  the  position  that  the  only  possible  way  for  Argentina  to
comply with the panel ruling is removal of the measures.

9.1.2.5.  USA - steel imports

On  5  March  2002,  by  Presidential  Proclamation  No  7529,  the  USA  decided  to
impose  safeguard  measures  which  became  effective  as  from  20  March  2002.  For
almost 70% of the Community exports to the USA, these measures take the form of a
tariff increase of 30% and  consequently imply a substantial closing of  the US steel
market.  The  Community  has  initiated  WTO  dispute  settlement  proceedings  against
the US measures  (case WT/DS248).  A panel was  established on 3 June 2002. (See
also point 8.2.1)

9.1.2.6.  Argentina - canned peaches

In  August  2001,  Argentina  imposed  a  definitive  safeguard  measure  on  imports  of
canned peaches.

In  December  2001,  Chile  requested  the  establishment  of  a  panel  concerning  the
definitive  safeguard  measures  imposed.  Chile  are  contesting  the  measure  on  a
number of points, most of which are in line with the  views of the Community.  For
example,  the  lack  of  a  finding  of  an  emergency  arising  from  “unforeseen
developments”,  the  lack  of  an  increase  in  imports  as  well  as  deficiencies  in  the
investigation  with  regard  to  injury  and  causality.  Furthermore,  Chile  contested  the
level  of  the  measure  on  the  grounds  that  it  would  exceed  the  level  necessary  to
prevent or remedy the alleged serious injury.

Chile  is  the  second  biggest  exporter  of  canned  peaches  to  Argentina  after  the
Community,  and  also  a  target  of  the  Argentinean  safeguard  measure  in  force.
However,  it  argued  repeatedly  that  the  source  of  the  Argentinean  problem  is  the
Community aid regime for  canned peaches which enables Community producers to
export at extremely low prices.

In order to defend its legitimate interests in this case the Community has registered
as a third party in this panel proceeding. (see also point 8.2.2)

62

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

9.1.3.1.  India - anti-dumping duties on imports of cotton-type bed linen

By  Council  Regulation  (EC)  No  2398/9736,  the  Community  imposed  anti-dumping
measures  on  cotton-type  bed  linen  originating,  inter  alia,  from  India.  After
consultations,  India  requested  the  establishment  of  a  WTO  panel.  In  its  report
released  on  30  October  2000,  the  panel  ruled  in  favour  of  the  Community  on  13
issues and against the Community on four points.

On appeal by both the Community and India, the Appellate Body issued a report on 1
March  2001  which  upheld  the  Panel's  finding  on  the  inconsistency  with  the  WTO
Anti-dumping Agreement of the EC's practice of "zeroing" and reversed the Panel's
favourable decision on two aspects of the Community's construction of normal value.

As  a  reaction  to  these  decisions,  the  Commission  clarified37  that  it  would  not  only
simply and fully implement these decisions with respect to the Indian bed linen case,
but would also follow the same legal interpretations in all other of its proceedings or
investigations (see e.g. lamps: heading 3.1.3.2 - point 2). Moreover, the Commission
stated  that  it  would  also  expect  third  countries  to  reflect  these  decisions  in  their
investigations.

As  concerns  the  bed  linen  case,  the  Community  subsequently  suspended  the
application of the anti-dumping measures against India by Council Regulation (EC)
No 1644/200138.

Furthermore,  in  early  2002,  the  Council  terminated  the  measures  with  regard  to
Pakistan and suspended the measures with regard to Egypt. The latter were allowed
to expire automatically at the end of February 2002.

9.1.3.2.  Brazil - anti-dumping duties on malleable cast iron tube or pipe fittings

By  Council  Regulation  (EC)  No  1748/200039,  the  Community  imposed  definitive
anti-dumping  duties  on  imports  of  certain  malleable  cast  iron  tube  or  pipe  fittings
originating,  inter  alia,  in  Brazil.  After  consultations  a  panel  was  established  on  26
July 2001 following a request by Brazil. No panel report has been issued so far.

36

37

38

39

OJ  L  332,  4.12.1997,  p.  1.  Regulation  as  last  amended  by  Regulation  (EC)  No  554/2000
(OJ L 68, 16.3.2000, p. 1)
See press statement IP/01/351 of 12 March 2001 on Europa web site
OJ L 219, 14.08.2001, p.1
OJ L 208, 18.08.2000, p.8

63

                                                
9.2. 

Other WTO activities

The  year  2001  was  dominated  by  the  intense  preparatory  work  towards  a
comprehensive  negotiating  agenda  and  the  successful  conclusion  at  the  4th
Ministerial  Conference  in  Doha,  Qatar.  The  work  on  so-called  "implementation
issues" figured prominently in this run-up for Doha. Under this heading, developing
countries  put  forward  numerous  proposals  on  changes  with  regard  to  rules  and
practices in the anti-dumping and subsidy areas. These issues were first discussed in
the forum  of the  General Council for Trade  in Goods and then  some  of  them  were
referred to the specialised Committees for further examination.

Concerning  subsidies,  a  number  of  issues  were  examined  by  the  Committee  on
Subsidies and Countervailing Measures. The preparatory work in the Committee then
allowed  the  Ministerial  Conference  at  Doha  to  actually  take  decisions  on  some  of
these issues, notably the extension of the grace period for export subsidies for small
developing countries.

The  Doha  Development  Agenda  provides  for  a  mandate  for  negotiations  on  rules,
specifically  the  Anti-dumping  Agreement,  the  Subsidies  and  Countervailing
trade
Measures  Agreement  (including  subsidies  for  fisheries)  and  regional 
agreements.  Additionally,  a  separate  decision  on  implementation  related  issues
contains decisions on anti-dumping and subsidies, i.e. the referral of several issues to
the  Anti-dumping  and  Subsidies  and  Countervailing  Measures  Committees  for
further  examination  and  decisions  with 
(e.g.  particular
consideration in back-to-back investigations in anti-dumping proceedings).

immediate  effect 

In  parallel,  the  regular  work  of  the  Anti-dumping,  Subsidies  and  Countervailing
Measures  and  Safeguard  Committees was  on-going.  The  Committees met twice  (in
spring and in autumn) to review notifications and raise issue of special interest.

10. 

CONCLUSION

As regards the Community's anti-dumping and anti-subsidy activities, the year 2001
can be described as a return to normality with regard to initiations of investigations
and  imposition  of  measures,  in  comparison  with  the  years  1999  and  2000  which
showed an exceptional increase in the number of new investigations initiated and in
the number of provisional/definitive measures imposed.

third  countries, 

As  regards  measures  imposed  by 
trend  of
investigations  targeting  the  Community  as  a  whole  rather  than  individual  Member
States has again been confirmed in 2001. Of the total measures in force targeting the
Community  or  its  Member  States  (both  anti-dumping  and  countervailing),  almost
30%  were  imposed  by  the  USA.  The  Community  is  now  second  only  to  China  as
most affected territory by third country anti-dumping and anti-subsidy actions.

increasing 

the 

64

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
successful dispute settlement procedures.

The  Doha  Development  Agenda  calls  for  negotiations  aimed  at  strengthening  the
provisions  of  the  relevant  Agreements,  a  cause  of  action  which  the  Community
shares and is fully committed to.

65

ANNEX

Summary

1. 

General trends for 2001

The year 2001 can be described as a return to normality with regard to initiations of
investigations  and  imposition  of  measures,  in  comparison  with  the  years  1999  and
2000  which  showed  an  exceptional  increase  in  the  number  of  new  investigations
initiated and in the number of provisional/ definitive measures imposed.

On 31 December 2001, there were 175 anti-dumping and 16 countervailing measures
in force. This compares to 175 anti-dumping and 17 countervailing measures in force
at the end of the year 2000.

2. 

Main features

2.1. 

Initiations

A total of 62 investigations were initiated, split up as follows :

– 

– 

– 

– 

– 

33 new investigations, of which 6 anti-subsidy (see Annex A)

12 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 F)

14 interim reviews (the need for the continued imposition of measures may be
reviewed on the initiative of the Commission, at the request of a Member State
or  upon  request  by  any  exporter  or  importer  or  Community  producer,  when
circumstances have substantially changed) (see Annex G)

2 new exporter reviews (see Annex I)

1 anti-circumvention investigation (see Annex K)

2.2.  Measures

– 

– 

– 

– 

– 

18  provisional  measures  were  imposed  (all  anti-dumping),  involving  imports
from 16 different countries and covering 7 products (see Annex C)

12  definitive  measures  were  imposed  (all  anti-dumping),  involving  imports
from 10 different countries and covering 6 products (see Annex D)

the  Commission  accepted  undertakings  offered  by  exporters  in  10  cases
(see Annex M)

of  the  expiry  reviews,  6  reviews  were  concluded  with  confirmation  of  duty
 (see Annex F)

of  the  interim  reviews,  6  reviews  were  concluded  with  confirmation/
amendment of duty (see Annex G)

66

– 

– 

– 

– 

of  the  other  reviews,  6  investigations  were  concluded  under  the  specific
provisions  of  the  Regulation  imposing  the  original  measures,  1  investigation
was  concluded  following  judgment  of  the  CFI  and  2  investigations  were
concluded following an applications to the CFI (see Annex H)

of the new exporter reviews, one was concluded with imposition/amendment of
duty (see Annex I)

of the anti-absorption investigations, one was concluded with increase of duty
(see Annex J)

of the accelerated reviews, one was concluded with imposition/amendment of
duty (see Annex L)

2.3. 

Terminations

– 

– 

– 

– 

– 

– 

12  new  investigations  (all  anti-dumping)  were  terminated  without  the
imposition of measures (see Annex E)

of the expiry reviews, 6 were terminated (see Annex F)

of  the  interim  reviews,  one  investigation  was  concluded  by  termination
(see Annex G)

of  the  other  reviews,  one  was  terminated  following  an  application  to  the  CFI
seeking  annulment;  in  another  case,  the  measures  were  suspended  following
reports adopted by the Dispute Settlement Body of the WTO (see Annex H)

of the accelerated reviews, 2 were concluded by termination (see Annex L)

8  measures  expired  automatically  after  their  5-year  period  of  imposition
(Annex N).

Please  note  that  those  statistics  are  also  available  on  the  following  Internet  Website  :
http://europa.eu.int/comm/trade/policy/dumping/reports.htm.

67

ANNEX A

New investigations initiated

during the period 1 January – 31 December 2001

A.

Anti-dumping investigations (chronological by date of publication)

Product

Country of origin

OJ Reference

Compact disks - recordable (CD-Rs)

Taiwan

Ringbinder mechanisms

Tube and pipe fittings, of iron or steel

Welded tubes and pipes, of iron or non-alloy
steel

Sulphanilic acid

Polyester textured filament yarn (PTY)

Magnetic disks (3,5" microdisks)

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

Filament yarns of cellulose acetate

Rubber-grade carbon blacks

India
Indonesia

Czech Republic
Korea (Rep. of)
Malaysia
Russia
Slovakia

Czech Republic
Poland
Thailand
Turkey
Ukraine

P.R. China
India

India

India

Egypt
Hungary
Iran
Libya
Slovakia
Turkey

Lithuania
USA

Egypt
Russia

C 102
31.03.2001, p. 2

C 147
18.05.2001, p. 2

C 159
01.06.2001, p. 4

C 183
29.06.2001, p. 3

C 190
06.07.2001, p. 2

C 315
09.11.2001, p. 2

C 354
13.12.2001, p. 3

C 364
20.12.2001, p. 5

C 364
20.12.2001, p. 3

C 367
21.12.2001, p. 16

68

B.

Anti-subsidy investigations (chronological by date of publication)

Product

Country of origin

OJ Reference

Ringbinder mechanisms

Sulphanilic acid

Polyester textured filament yarn (PTY)

Magnetic disks (3,5" microdisks)

India
Indonesia

India

India
Indonesia

India

C 147
18.05.2001, p. 4

C 190
06.07.2001, p. 5

C 315
09.11.2001, p. 5

C 354
13.12.2001, p. 6

ANNEX B

A)

New investigations initiated by product sector during the period 1997 – 2001
(31 December)

Product

1997

1998

1999

2000

2001

Chemical and allied

Textiles and allied

Wood and paper

Electronics

Other mechanical engineering

Iron and Steel

Others metal

Other

Of which

anti-dumping

Of which

anti-subsidy

-

9

-

-

-

19

-

1

29

21

8

28

11

-

12

5

25

-

5

86

66

20

17

-

-

2

1

7

2

2

31

31

0

5

5

-

3

4

16

-

-

33

27

6

8

8

7

14

1

4

1

2

45

42

3

69

New  investigations  initiated  by  country  of  export  during  the  period  1997  –

B)
2001 (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
Pakistan
Peru
Philippines
Poland
Romania
Russia
Saudi Arabia
Singapore
Slovakia
Slovenia
South Africa
Taiwan
Thailand
Turkey
Ukraine
USA
Vietnam
Yugoslavia (F.R.)

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
2
1
-
2
86

2000
-
-
1
-
1
6
1
1
1
1
-
-
3
-
-
1
2
-
1
1
1
-
-
-
-
1
1
2
-
-
-
-
-
-
1
3
1
1
-
-
31

2001
-
-
-
-
-
1
-
2
2
-
-
1
8
3
1
-
1
-
1
1
1
-
-
-
-
1
-
2
-
-
2
-
-
1
1
2
1
1
-
-
33

1997
-
-
-
2
1
5
-
-
1
1
-
-
6
1
-
2
3
1
-
1
2
-
1
1
-
1
-
2
-
1
-
-
-
4
3
1
1
3
1
-
45

1998
-
-
-
-
-
1
1
1
-
-
-
2
7
-
-
-
7
-
-
-
-
1
-
-
-
2
-
-
2
-
-
1
2
-
-
-
2
-
-
-
29

70

ANNEX C

New investigations concluded by the imposition of provisional duties

during the period 1 January – 31 December 2001

A.

Anti-dumping investigations (chronological by date of publication)

Product

Steel ropes and cables

Lamps (integrated electronic
compact fluorescent)

Country of
origin

Czech Rep.
Russia
Thailand
Turkey

P.R. China

PET film (polyethylene
terephthalate)

India
Korea (Rep. of)

Urea

Belarus
Bulgaria
Croatia
Estonia
Libya
Lithuania
Romania
Ukraine

Ferro molybdenum

P.R. China

Zinc oxides

P.R. China

Compact disks - recordable
(CD-Rs)

Taiwan

Regulation N°

OJ Reference

Commission Reg.
(EC) No 230/2001
02.02.2001

Commission Reg.
(EC) No 255/2001
07.02.2001

Commission Reg.
(EC) No 367/2001
23.02.2001

Commission Reg.
(EC) No 1497/2001
20.07.2001

Commission Reg.
(EC) No 1612/2001
03.08.2001

Commission Reg.
(EC) No 1827/2001
17.09.2001

Commission Reg.
(EC) No 2479/2001
17.12.2001

L 34
03.02.2001
p. 4

L 38
08.02.2001
p. 8

L 55
24.02.2001
p. 16

L 197
21.07.2001
p. 4

L 214
08.08.2001
p. 3

L 248
18.09.2001
p. 17

L 334
18.12.2001
p. 8

B.

Anti-subsidy investigations (chronological by date of publication)

Product

Country of
origin

NONE

Regulation N°

OJ Reference

71

ANNEX D

New investigations concluded by the imposition of definitive duties

during the period 1 January – 31 December 2001

A.

Anti-dumping investigations (chronological by date of publication)

Product

Country of
origin

Regulation N°

OJ
Reference

Investigation
period (IP)

Community
consumption
during IP

Total imports from
countries concerned
during IP

Ammonium nitrate

Aluminium foil

Lamps (integrated
electronic compact
fluorescent)

Steel ropes and cables

Poland
Ukraine

P.R. China
Russia

P.R. China

Czech Rep.
Russia
Thailand
Turkey

Polyethylene terephthalate
(PET) film

India
Korea (Rep. of)

Internal gear hubs for
bicycles

Japan

Council Reg.
(EC) No 132/2001
22.01.2001

Council Reg.
(EC) No 950/2001
14.05.2001

Council Reg.
(EC) No 1470/2001
16.07.2001

Council Reg.
(EC) No 1601/2001
02.08.2001

Council Reg.
(EC) No 1676/2001
23.08.2001

Council Reg.
(EC) No 2080/2001
23.10.2001

L 23
25.01.2001
p. 1

L 134
17.05.2001
p. 1

L 195
19.07.2001
p. 8

L 211
04.08.2001
p. 1

L 227
23.08.2001
p. 1

L 282
26.10.2001
p. 1

72

01.04.1998-
30.9.1999

4.724.000 tonnes
(annualized)

412.000 tonnes
(annualized)

01.01.1999-
31.12.1999

88.032 tonnes

16.387 tonnes

01.01.1999-
31.03.2000

123.345.000 units
(annualized)

81.122.000 units
(annualized)

01.04.1999-
31.03.2000

01.04.1999-
31.03.2000

01.07.1999-
30.06.2000

147.963 tonnes

16.052 tonnes

249.000 tonnes

50.600 tonnes

Confidential

Confidential

B.

Anti-subsidy investigations (chronological by date of publication)

Product

Country of
origin

Regulation N°

OJ
Reference

Investigation
period (IP)

Community
consumption
during IP

Volume of total
imports during IP

NONE

73

ANNEX E

New investigations terminated without the imposition of measures

during the period 1 January – 31 December 2001

A.

Anti-dumping investigations (chronological by date of publication)

Product

Country of
origin

Regulation N°

OJ Reference

Ammonium nitrate

Lithuania

Paracetamol

Urea

Steel ropes and cables

Granite stones (worked
monumental or building
granite stones)

P.R. China
India
Turkey
U.S.A.

Egypt
Poland

Korea (Rep. of)
Malaysia

India
P.R. China

Colour television receivers

Turkey

Council Reg.
(EC) No 132/2001
22.01.2001

Commission Dec.
No 2001/209/EC
09.02.2001

Commission Reg.
(EC) No 1497/2001
20.07.2001

Commission Dec.
No 2001/602/EC
26.07.2001

Commission Dec.
No 2001/609/EC
31.07.2001

Commission Dec.
No 2001/725/EC
28.09.2001

L 23
25.01.2001
p. 1

L 41
10.02.2001
p. 33

L 197
21.07.2001
p. 4

L 211
04.08.2001
p. 47

L 214
08.08.2001
p. 44

L 272
13.10.2001
p. 37

B.

Anti-subsidy investigations (chronological by date of publication)

Product

Country of
origin

NONE

Regulation N°

OJ Reference

74

ANNEX F

Expiry reviews initiated or concluded

during the period 1 January – 31 December 2001

(chronological by date of publication)

Initiated

Product

Country of origin

OJ Reference

C 53
20.02.2001
p. 13

C 103
03.04.2001
p. 5

C 104
04.04.2001
p. 5

C 110
11.04.2001
p. 6

C 163
06.06.2001
p. 7

C 170
14.06.2001
p. 2

C 211
28.07.2001
p. 51

C 316
10.11.2001
p. 9

Grain oriented electrical
sheets*

Russia

Tube or pipe fittings, of iron
or steel*

Coumarin

Bicycles

P.R. China
(extension Taiwan)
Thailand

P.R. China

Indonesia
Malaysia
Thailand

Powdered activated carbon

P.R. China

Polyester textured filament
yarn (PTY)

Taiwan

Polyester staple fibre

Belarus

Polyester textured filament
yarn (PTY)

Indonesia
Thailand

*

Parallel interim and expiry review (see also Annex H)

75

                                                
Concluded : confirmation of duty

Product

Country of origin Regulation/ Decision

OJ Reference

Potassium permanganate

P.R. China

Electronic weighing scales*

Japan

Electronic weighing scales*

Singapore

Urea ammonium nitrate
solutions*

Urea

Poland

Russia

No

Council Reg.
(EC) No 299/2001
12.02.2001

Council Reg.
(EC) No 468/2001
06.03.2001

Council Reg.
(EC) No 469/2001
06.03.2001

Council Reg.
(EC) No 900/2001
07.05.2001

Council Reg.
(EC) No 901/2001
07.05.2001

Lighters (gas-fuelled non-
refillable)

China
(extended to
Taiwan)

Council Reg.
(EC) No 1824/2001
12.09.2001

L 44
15.02.2001
p. 4

L 67
09.03.2001
p. 24

L 67
09.03.2001
p. 37

L 127
09.05.2001
p. 1

L 127
09.05.2001
p. 11

L 248
18.09.2001
p. 1

Concluded : termination

Product

Country of origin Regulation/ Decision

OJ Reference

Ferro-silicon

Brazil
P.R. China
Kazakhstan
Russia
Ukraine
Venezuela

No

Commission Dec.
No 2001/230/EC
21.02.2001

L 84
23.03.2001
p. 36

76

ANNEX G

Interim reviews initiated or concluded

during the period 1 January – 31 December 2001

(chronological by date of publication)

Initiated

Product

Country of origin

OJ Reference

Sacks and bags (polyethylene/
polypropylene)

India

Grain oriented electrical
sheets*

Russia

Tube or pipe fittings, of iron
or steel*

Thailand

Salmon (AD/AS)

Norway

Polysulphide polymers

USA

Urea and ammonium nitrate
solutions

Poland

Malleable cast-iron tube or
pipe fittings**

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

Brazil
P.R. China
Czech Rep.
Japan
Korea (Rep. of)
Thailand

Bulgaria
South Africa

C 26
26.01.2001
p. 2

C 53
20.02.2001
p. 13

C 103
03.04.2001
p. 5

C 188
04.07.2001
p. 11

C 280
04.10.2001
p. 5

C 288
13.10.2001
p. 2

C 342
05.12.2001
p. 5

C 364
20.12.2001
p. 8

*

**

Parallel interim and expiry review (see also Annex G)
Investigation  carried  out  pursuant  to  Article  2  of  Council  Regulation  (EC)  No  1515/2000
(OJ L 201, 26.7.2001, p. 10)

77

                                                
Concluded : confirmation/amendment of duty

Product

Country of origin Regulation/ Decision

OJ Reference

Electronic weighing scales*

Japan

Electronic weighing scales*

Singapore

Urea ammonium nitrate
solutions*

Poland

Polyester textured filament
yarn

Thailand

Lighters (gas-fuelled, non-
refillable)

Thailand

Television camera systems

Japan

No

Council Reg.
(EC) No 468/2001
06.03.2001

Council Reg.
(EC) No 469/2001
06.03.2001

Council Reg.
(EC) No 900/2001
07.05.2001

Council Reg.
(EC) No 1078/2001
31.05.2001

Council Reg.
(EC) No 1471/2001
16.07.2001

Council Reg.
(EC) No 1900/2001
27.09.2001

L 67
09.03.2001
p. 24

L 67
09.03.2001
p. 37

L 127
09.05.2001
p. 1

L 149
02.06.2001
p. 5

L 195
19.07.2001
p. 15

L 261
29.09.2001
p. 3

Concluded : termination

Product

Country of origin Regulation/ Decision

OJ Reference

Bicycles

P.R. China

No

Council Reg.
(EC) No 2131/2001
29.10.2001

L 287
31.10.2001
p. 8

*

Parallel interim and expiry review (see also Annex G)

78

                                                
ANNEX H

Other reviews concluded

during the period 1 January – 31 December 2001

(chronological by date of publication)

Concluded : confirmation/amendment of duty

Product

Country of origin Regulation/ Decision

OJ Reference

Handbags (leather)*

P.R. China

Television camera systems**

Japan

Synthetic fibres of polyester
(AS)***

Australia
Indonesia

Television camera systems**

Japan

Salmon (AD/AS)**

Norway

Salmon (AD/AS)**

Norway

Flat pallets of wood**

Poland

Hardboard**

Latvia

No

Council Reg.
(EC) No 133/2001
22.01.2001

Council Reg.
(EC) No 198/2001
29.01.2001

Council Reg.
(EC) No 902/2001
07.05.2001

Council Reg.
(EC) No 951/2001
14.05.2001

Council Reg.
(EC) No 1469/2001
16.07.2001

Council Reg.
(EC) No 1677/2001
13.08.2001

Council Reg.
(EC) No 1678/2001
13.08.2001

Council Reg.
(EC) No 1899/2001
27.09.2001

L 23
25.01.2001
p. 9

L 30
01.02.2001
p. 1

L 127
09.05.2001
p. 20

L 134
17.05.2001
p. 18

L 195
19.07.2001
p. 1

L 227
23.08.2001
p. 15

L 227
23.08.2001
p. 22

L 261
29.09.2001
p. 1

*

**

***

Amendment of measures following Judgment of the Court of First Instance
Investigation  conducted  and  concluded  under  the  specific  provisions  of  the  Regulation
imposing the original measures
Investigation  carried  out  following  applications  to  the  Court  of  First  Instance  seeking
annulment of the Regulation imposing the definitive duties

79

                                                
Concluded : termination

Product

Country of origin Regulation/ Decision

OJ Reference

Synthetic fibres of polyester
(AS)***

Taiwan

No

Council Reg.
(EC) No 902/2001
07.05.2001

L 127
09.05.2001
p. 20

Measures suspended

Product

Country of origin Regulation/ Decision

OJ Reference

Bed linen (cotton-type)****

India

No

Council Reg.
(EC) No 1644/2001
07.08.2001

L 219
14.08.2001
p. 1

***

****

Investigation  carried  out  following  applications  to  the  Court  of  First  Instance  seeking
annulment of the Regulation imposing the definitive duties
Investigation carried out following  Appellate Body report and a panel report adopted by  the
Dispute Settlement Body of the World Trade Organisation

80

                                                
ANNEX I

New exporter reviews initiated or concluded

during the period 1 January – 31 December 2001

(chronological by date of publication)

Initiated

Product

Country of origin Regulation/ Decision

OJ Reference

Polyethylene terephthalate

India

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

India

No

Commission Reg.
(EC) No 1240/2001
25.06.2001

Commission Dec.
No 1699/2001/ECSC
28.08.2001

L 171
26.06.2001
p. 3

L 231
29.08.2001
p. 3

Concluded : imposition/amendment of duty

Product

Country of origin Regulation/ Decision

OJ Reference

No

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

India

Commission Dec.
No 1357/2001/ECSC
04.07.2001

L 182
05.07.2001
p. 27

Concluded : termination

Product

Country of origin

Regulation/
Decision No

OJ Reference

NONE

81

ANNEX J

Anti-absorption investigations initiated or concluded

during the period 1 January – 31 December 2001

(chronological by date of publication)

Initiated

Product

Country of origin

OJ Reference

NONE

Concluded with increase of duty

Product

Country of origin Regulation/ Decision

OJ Reference

Binder or baler twine
(polypropylene)

Poland

No

Council Reg.
(EC) No 1657/2001
10.08.2001

L 221
17.08.2001
p. 1

Concluded without increase of duty / termination

Product

Country of origin Regulation/ Decision

OJ Reference

No

NONE

82

ANNEX K

Anti-circumvention investigations initiated or concluded

during the period 1 January – 31 December 2001

(chronological by date of publication)

Initiated

Product

Country of origin Regulation/ Decision

OJ Reference

Glyphosate

P.R. China

No

Commission Reg.
(EC) No 909/2001
08.05.2001

L 127
09.05.2001
p. 35

Exemptions granted

Product

Country of origin
and/or
consignment

Regulation/ Decision
No

OJ Reference

Bicycle parts*

P.R. China

Commission Dec.
No 2001/108/EC
24.01.2001

L 41
10.02.2001
p. 30

Exemptions refused (lifting of suspension)

Product

Country of origin
and/or
consignment

Regulation/ Decision
No

OJ Reference

Bicycle parts*

P.R. China

Commission Dec.
No 2001/108/EC
24.01.2001

L 41
10.02.2001
p. 30

*

Investigation  conducted  and  concluded  under  the  specific  provisions  of  the  Regulation
imposing the original measures

83

                                                
ANNEX L

Accelerated review investigations (anti-subsidy) initiated or concluded

during the period 1 January – 31 December 2001

(chronological by date of publication)

Initiated

Product

Country of origin

OJ Reference

NONE

Concluded : imposition/amendment of duty

Product

Country of origin Regulation/ Decision

OJ Reference

Stainless steel bars (AS)

India

No

Council Reg.
(EC) No 298/2001
12.02.2001

L 44
15.02.2001
p. 1

Concluded : termination

Product

Country of origin Regulation/ Decision

OJ Reference

Stainless steel bars (AS)

India

Stainless steel wire (= or > 1
mm) (AS)

India

No

Commission Dec.
No 2001/460/EC
15.06.2001

Commission Dec.
No 2001/724/EC
11.10.2001

L 161
16.06.2001
p. 45

L 271
12.10.2001
p. 42

84

ANNEX M
Undertakings accepted or repealed
during the period 1 January – 31 December 2001
(chronological by date of publication)

Undertakings accepted

Product

Steel ropes and cables

Country of
origin

Czech Rep.
Turkey

Aluminium foil

Russia

Flat-rolled products of iron or
non-alloy steel (hot rolled
coils)
Urea (prov. stage)

Steel ropes and cables

PET (polyethylene
terephthalate) film

India

Bulgaria

Russia
Thailand

India

Salmon (AD/AS)

Norway

Flat pallets of wood

Poland

Regulation N°

OJ Reference

Commission Reg.
(EC) No 230/3001
02.02.2001
as last amended by
Council Reg.
(EC) No 1601/2001
02.08.2001
Commission Dec.
No 2001/381/EC
16.05.2001
Commission Dec.
No 1357/2001/ECSC
04.07.2001
Commission Reg.
(EC) No 1497/2001
20.07.2001
Commission Dec.
No 2001/602/EC
26.07.2001
Commission Dec.
No 2001/645/EC
22.08.2001
Commission Dec.
No 2001/644/EC
20.07.2001
Commission Dec.
No 2001/643/EC
30.07.2001

L 34
03.02.2001
p. 4

L 211
04.08.2001
p. 1
L 134
17.05.2001
p. 67
L 182
05.07.2001
p. 27
L 197
21.07.2001
p. 4
L 211
04.08.2001
p. 47
L 227
23.08.2001
p. 56
L 227
23.08.2001
p. 49
L 227
23.08.2001
p. 44

Product

Undertakings repealed
Country of
origin

Regulation N°

OJ Reference

Lighters (gas-fuelled, non-
refillable)

Thailand

Commission Dec.
No 2001/545/EC
09.07.2001

L 195
19.07.2001
p. 57

85

Undertakings repealed with imposition of definitive measures
Product

Regulation N°

OJ Reference

Country of
origin

Salmon (AD/AS)

Norway

Salmon (AD/AS)

Norway

Flat pallets of wood

Poland

Commission Dec.
No 2001/544/EC
26.06.2001
Commission Dec.
No 2001/644/EC
20.07.2001
Commission Dec.
No 2001/643/EC
30.07.2001

L 195
19.07.2001
p. 50
L 227
23.08.2001
p. 49
L 227
23.08.2001
p. 44

Voluntary withdrawal of undertakings

Product

Country of
origin

Salmon (AD/AS)

Norway

Flat pallets of wood

Poland

Hardboard

Latvia

Regulation N°

OJ Reference

Commission Dec.
No 2001/544/EC
26.06.2001
Commission Dec.
No 2001/643/EC
30.07.2001
Commission Dec.
No 2001/707/EC
21.08.2001

L 195
19.07.2001
p. 50
L 227
23.08.2001
p. 44
L 261
29.09.2001
p. 65

Product

Undertakings expired
Country of
origin

Regulation N°

OJ Reference

Tube or pipe fittings, of iron
or steel

Croatia

Unwrought pure magnesium

Russia
Ukraine

Council Reg.
(EC) No 584/96
(OJ L 84, 03.04.1996)
Council Reg.
(EC) No 1347/96
(OJ L 174,
12.07.1996)

C 104
04.04.2001
p. 7
C 191
07.07.2001
p. 19

86

ANNEX N

Measures which expired

during the period 1 January – 31 December 2001

(chronological by date of publication)

Product

Country of origin

Refractory chamottes

P.R. China

Tube or pipe fittings, of iron
or steel

Croatia

Magnetic disks (3,5"
microdisks)

Malaysia
Mexico
USA

Polyester yarn (PTY/POY)

Turkey

Unwrought pure magnesium

Russia
Ukraine

Original measure
&
OJ Reference

Council Reg.
(EC) No 137/96
(OJ L 21, 27.01.1996)

Council Reg.
(EC) No 584/96
(OJ L 84, 03.04.1996)

Council Reg.
(EC) No 663/96
(OJ L 92, 13.04.1996)

Council Reg.
(EC) No 1074/96
(OJ L 141,
14.06.1996)

Council Reg.
(EC) No 1347/96
(OJ L 174,
12.07.1996)

Publication

C 17
19.01.2001
p. 25

C 104
04.04.2001
p. 7

C 111
12.04.2001
p. 9

C 165
08.06.2001
p. 14

C 191
07.07.2001
p. 19

87

ANNEX O

Definitive anti-dumping measures in force on 31 December 2001

A. Ranked by product (alphabetical)

Product

Origin

Measure

Regulation N°

Publication

Advertising matches

Japan

Aluminium foil

P.R. China
Russia

Duties

Duties

Russia

Undertakings

Ammonium nitrate

Russia

Duties

Poland
Ukraine

Duties

Artificial corundum

P.R. China

Duties

Bed linen (cotton-type)

Egypt
India (suspended)
Pakistan

Duties

Bicycles

P.R. China

Duties

Council Reg.
(EC) No 2025/97
15.10.1997
Council Reg.
(EC) No 950/2001
14.05.2001

Commission Dec.
No 2001/381/EC
16.05.2001
Council Reg.
(EC) No 2022/95
16.08.1995
as last amended by
Council Reg.
(EC) No 663/98
23.03.1998

Council Reg.
(EC) No 132/2001
22.01.2001
Council Reg.
(EC) No 1951/97
06.10.1997
Council Reg.
(EC) No 2398/97
28.11.1997
as last amended by
Council Reg.
(EC) No 1644/2001
07.08.2001 as regards
India
Council Reg.
(EC) No 1524/2000
10.07.2000
and extended to
bicycle parts by
Council Reg.
(EC) No 71/97
10.01.1997
as last amended by
Commission Dec.
No 2001/108/EC
24.01.2001

L 284
16.10.1997
p. 1
L 134
17.05.2001
p. 1

L 134
17.05.2001
p. 67
L 198
23.08.1995
p. 1

L 93
26.03.1998
p. 1

L 23
25.01.2001
p. 1
L 276
09.10.1997
p. 9
L 332
04.12.1997
p. 1

L 219
14.08.2001
p. 1

L 175
14.07.2000
p. 39

L 16
18.01.1997
p. 1

L 41
10.02.2001
p. 30

88

Product

Origin

Measure

Regulation N°

Publication

Indonesia
Malaysia
Thailand

Taiwan

Binder or baler twine
(polypropylene)

Poland
Czech Rep.
Hungary

Duties

Duties

Duties

Czech Rep.
Hungary

Undertakings

Black colorformers

Japan

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

P.R. China
Korea (Rep. of)
Taiwan

Duties

89

Council Reg.
(EC) No 648/96
28.03.1996

Council Reg.
(EC) No 397/99
22.02.1999
as last amended by
Council Reg.
(EC) No 1099/2000
22.05.2000
Council Reg.
(EC) No 603/99
15.03.1999
as last amended by
Council Reg.
(EC) No 1657/2001
10.08.2001

Commission Dec.
No 1999/215/EC
16.03.1999
as last amended by
Commission Dec.
No 2000/324/EC
25.04.2000
Council Reg.
(EC) No 2263/2000
09.10.2000
Commission Dec.
No 2730/2000/ECSC
14.12.2000
Council Reg.
(EC) No 2313/2000
17.10.2000
Council Reg.
(EC) No 600/96
25.03.1996
Council Reg.
(EC) No 468/2001
06.03.2001

Council Reg.
(EC) No 469/2001
06.03.2001

Council Reg.
(EC) No 2605/2000
27.11.2000

L 91
12.04.1996
p. 1
L 49
25.02.1999
p. 1

L 125
26.05.2000
p. 1
L 75
20.03.1999
p. 1

L 221
17.08.2001
p. 1

L 75
20.03.1999
p. 34

L 112
11.05.2000
p. 65
L 259
13.10.2000
p. 1
L 316
15.12.2000
p. 30
L 267
20.10.2000
p. 1
L 86
04.04.1996
p. 1
L 67
09.03.2001
p. 24

L 67
09.03.2001
p. 37

L 301
30.11.2000
p. 42

Product

Origin

Measure

Regulation N°

Publication

Council Reg.
(EC) No 1603/2000
20.07.2000
Council Reg.
(EC) No 495/98
23.02.1998

Council Reg.
(EC) No 2334/97
24.11.1997
as last amended by
Council Reg.
(EC) No 1678/2001
13.08.2001

Commission Reg.
(EC) No 1023/97
06.06.1997
as last amended by
Commission Reg.
(EC) No 1633/97
14.08.1997

Commission Dec.
No 97/797/EC
07.11.1997

Commission Dec.
No 98/554/EC
03.09.1998

Commission Dec.
No 1999/642/EC
10.09.1999

Commission Dec.
No 2000/437/EC
27.06.2000

Commission Dec.
No 2001/643/EC
30.07.2001

L 185
25.07.2000
p. 1
L 62
03.03.1998
p. 1

L 324
27.11.1997
p. 1

L 227
23.08.2001
p. 22

L 150
07.06.1997
p. 4

L 225
15.08.1997
p. 13

L 324
27.11.1997
p. 36

L 266
01.10.1998
p. 82

L 255
30.09.1999
p. 36

L 175
14.07.2000
p. 93

L 227
23.08.2001
p. 44

Ethanolamines

USA

Ferro-silico-manganese

Flat pallets of wood

P.R. China
Ukraine

Ukraine
Poland

Duties

Duties

Undertaking
Duties

Undertakings

Undertakings

Undertakings

Undertakings

Undertakings

Undertakings

90

Product

Origin

Measure

Regulation N°

Publication

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

Bulgaria
India
South Africa
Taiwan
Yugoslavia (F.R.)

Bulgaria
India
South Africa

Duties

Undertakings

Fluorspar

P.R. China

Duties

Footwear (with textile uppers)

Footwear (with uppers of
leather or plastics)

Furfuraldehyde

P.R. China
Indonesia

P.R. China
Indonesia
Thailand
P.R. China

Duties

Duties

Duties

Glyphosate

P.R. China

Duties

Grain-oriented electrical steel
sheets

Russia

Duties
Undertakings

Handbags (leather)

P.R. China

Duties

Hardboard

Duties

Bulgaria
Estonia
Latvia
Lithuania
Poland
Russia

Commission Dec.
No 283/2000/ECSC
04.02.2000
(corrected by Dec.
No 2009/2000/ECSC
22.09.2000)
as last amended by
Commission Dec.
No 1357/2001/ECSC
04.07.2001
Council Reg.
(EC) No 2011/2000
18.09.2000
Council Reg.
(EC) No 2155/97
29.10.1997
Council Reg.
(EC) No 467/98
23.02.1998
Council Reg.
(EC) No 2722/99
17.12.1999
Council Reg.
(EC) No 368/98
16.02.1998
as last amended by
Council Reg.
(EC) No 1086/2000
22.05.2000
Commission Dec.
No 303/96/ECSC
19.02.1996
Council Reg.
(EC) No 1567/97
01.08.1997
as last amended by
Council Reg.
(EC) No 133/2001
22.01.2001
Council Reg.
(EC) No 194/99
25.01.1999
as last amended by
Council Reg.
(EC) No 1899/2001
27.09.2001

L 31
05.02.2000
p. 15
(L 240
23.09.2000
p. 12)

L 182
05.07.2001
p. 27
L 241
26.09.2000
p. 5
L 298
01.11.1997
p. 1
L 60
28.02.1998
p. 1
L 328
22.12.1999
p. 1
L 47
18.02.1998
p. 1

L 124
25.05.2000
p. 1
L 42
20.02.1996
p. 7
L 208
02.08.1997
p. 31

L 23
25.01.2001
p. 9
L 22
29.01.1999
p. 16

L 261
29.09.2001
p. 1

91

Product

Origin

Measure

Regulation N°

Publication

Bulgaria
Estonia
Lithuania
Poland

P.R. China
India
Romania

India
Romania
Japan

Undertakings

Duties

Undertakings

Duties

Hot-rolled flat products of
non-alloy steel (quarto plates)

Internal gear hubs for
bicycles

Lamps (integrated electronic
compact fluorescent)

P.R. China

Duties

Lighters (non-refillable and
refillable)

P.R. China
Taiwan

Mexico
Philippines
Thailand

Duties

Duties

Mexico
Philippines

Undertakings

Magnesium (deadburned)

P.R. China

Duties

Magnesium (unwrought,
unalloyed)

P.R. China

Duties

Commission Dec.
No 1999/71/EC
06.01.1999
as last amended by
Commission Dec.
No 2001/707/EC
21.08.2001
Commission Dec.
No 1758/2000/ECSC
09.08.2000

Council Reg.
(EC) No 2080/2001
23.10.2001
Council Reg.
(EC) No 1470/2001
16.07.2001
Council Reg.
(EC) No 1824/2001
12.09.2001

Council Reg.
(EC) No 423/97
03.03.1997
as last amended by
Council Reg.
(EC) No 1471/2001
16.07.2001

Commission Dec.
No 97/167/EC
25.02.1997
as last amended by
Commission Dec.
No 2001/545/EC
09.07.2001
Council Reg.
(EC) No 360/2000
14.02.2000
Council Reg.
(EC) No 2402/98
03.11.1998
as last amended by
Council Reg.
(EC) No 2788/2000
18.12.2000

L 22
29.01.1999
p. 71

L 261
29.09.2001
p. 65
L 202
10.08.2000
p. 21

L 282
26.10.2001
p. 1
L 195
19.07.2001
p. 8
L 248
18.09.2001
p. 1

L 65
06.03.1997
p. 1

L 195
19.07.2001
p. 15

L 65
06.03.1997
p. 54

L 195
19.07.2001
p. 57
L 46
18.02.2000
p. 1
L 298
07.11.1998
p. 1

L 324
21.12.2000
p. 4

92

Product

Origin

Measure

Regulation N°

Publication

Council Reg.
(EC) No 1334/99
21.06.1999
Council Reg.
(EC) No 2861/93
18.10.93
as last amended by
Council Reg.
(EC) No 2537/99
29.11.1999

Council Reg.
(EC) No 2199/94
09.09.1994
as last amended by
Council Reg.
(EC) No 2537/99
29.11.1999

Council Reg.
(EC) No 1821/98
29.07.1998
as last amended by
Council Reg.
(EC) No 2537/99
29.11.1999
Council Reg.
(EC) No 2051/98
24.09.1998

Council Reg.
(EC) No 2961/95
18.12.1995
Council Reg.
(EC) No 904/98
27.04.1998

L 159
25.06.1999
p. 1
L 262
21.10.93
p. 4

L 307
02.12.1999
p. 1

L 236
10.09.1994
p. 1

L 307
02.12.1999
p. 1

L 236
22.08.1998
p. 1

L 307
02.12.1999
p. 1
L 264
29.09.1998
p. 1

L 308
21.12.1995
p. 61
L 128
30.04.1998
p. 1

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

Indonesia

Duties

Duties

Duties

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

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

L 301
30.11.2000
p. 88

93

Product

Origin

Measure

Regulation N°

Publication

PET (polyethylene
terephthalate) film

India
Korea (Rep. of)

Duties

India

Undertakings

Polyester staple fibre

Belarus

Duties

Polyester staple fibres

India
Korea (Rep. of)

Duties

India

Undertakings

Polyester textured filament
yarns (PTY)

Taiwan

Duties

Indonesia
Thailand

Duties

Malaysia

Duties

Polysulphide polymers

USA

Potassium chloride

Belarus
Russia
Ukraine

Duties

Duties

94

Council Reg.
(EC) No 1676/2001
13.08.2001

Commission Dec.
No 2001/645/EC
22.08.2001
Council Reg.
(EC) No 1490/96
23.07.1996
extended to polyester
filament tow by
Council Reg.
(EC) No 2513/97
15.12.1997
Council Reg.
(EC) No 2852/2000
22.12.2000

Commission Dec.
No 2000/818/EC
19.12.2000
Council Reg.
(EC) No 1074/96
14.06.1996
as last amended by
Council Reg.
(EC) No 2010/2000
18.09.2000

Council Reg.
(EC) No 2160/96
11.11.1996
as last amended by
Council Reg.
(EC) No 1078/2001
31.05.2001

Council Reg.
(EC) No 1001/97
02.06.1997
as last amendec y
Council Reg.
(EC) No 1992/2000
18.09.2000
Council Reg.
(EC) No 1965/98
09.09.1998
Council Reg.
(EC) No 969/2000
08.05.2000

L 227
23.08.2001
p. 1

L 227
23.08.2001
p. 56
L 189
30.07.1996
p. 13

L 346
17.12.1997
p. 1
L 332
28.12.2000
p. 17

L 332
28.12.2000
p. 116
L 141
14.06.1996
p. 45

L 241
26.09.2000
p. 1

L 289
12.11.1996
p. 14

L 149
02.06.2001
p. 5

L 145
05.06.1997
p. 1

L 238
22.09.2000
p. 1
L 255
17.09.1998
p. 1
L 112
11.05.2000
p. 4

Product

Origin

Measure

Regulation N°

Publication

Council Reg.
(EC) No 299/2001
12.11.2001

Council Reg.
(EC) No 1507/98
13.07.1998
Council Reg.
(EC) No 1006/96
03.06.1996
Council Reg.
(EC) No 119/97
20.01.1997
as last amended by
Council Reg.
(EC) No 2100/2000
29.09.2000
Council Reg.
(EC) No 2003/97
13.10.1997
Council Reg.
(EC) No 1950/97
06.10.1997
as last amended by
Council Reg.
(EC) No 2744/2000
14.12.2000
Council Reg.
(EC) No 1890/97
26.09.1997
repealed by
Council Reg.
(EC) No 772/99
30.03.1999
as last amended by
Council Reg.
(EC) No 1677/2001
13.08.2001

Commission Dec.
No 97/634/EC
26.09.1997
as last amended by
Commission Dec.
No 2001/644/EC
20.07.2001

L 44
15.02.2001
p. 4

L 200
16.07.1998
p. 4
L 134
05.06.1996
p. 20
L 22
24.01.1997
p. 1

L 250
05.10.2000
p. 1
L 284
16.10.1997
p. 1
L 276
09.10.1997
p. 1

L 316
15.12.2000
p. 67
L 267
30.09.1997
p. 1

L 101
16.04.1999
p. 1

L 227
23.08.2001
p. 15

L 267
30.09.1997
p. 81

L 227
23.08.2001
p. 49

Potassium permanganate

P.R. China

Duties

India
Ukraine

Duties

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

95

Product

Origin

Measure

Regulation N°

Publication

Seamless pipes and tubes of
non-alloy steel

Croatia
Ukraine

Duties

Croatia
Ukraine

Undertakings

Seamless steel pipes and tubes Czech Republic

Duties

Hungary
Poland
Romania
Russia
Slovak Republik

Czech Republic
Hungary
Poland
Romania
Slovak Republik

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

Algeria
Belarus
Lithuania
Russia
Ukraine

Algeria

Duties

Council Reg.
(EC) No 348/2000
14.02.2000

Commission Dec.
No 2000/137/EC
17.02.2000
Council Reg.
(EC) No 2320/97
17.11.1997
as last amended by
Council Reg.
(EC) No 190/2000
24.01.2000

Commission Dec.
No 97/790/EC
24.10.1997

Commission Dec.
No 2000/70/EC
22.12.1999
Council Reg.
(EC) No 1100/2000
22.05.2000

Commission Dec.
No 94/202/EC
09.03.1994
prolonged by above
Council Reg.
Council Reg.
(EC) No 2496/97
11.12.1997
Council Reg.
(EC) No 1995/2000
18.09.2000

L 45
17.02.2000
p. 1

L 46
18.02.2000
p. 34
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
13.04.1994
p. 32

L 345
16.12.1997
p. 1
L 238
22.09.2000
p. 15

Undertakings

Commission Reg.
(EC) No 617/2000
16.03.2000

L 75
24.03.2000
p. 3

96

Product

Origin

Measure

Regulation N°

Publication

Stainless steel fasteners

P.R. China
India
Korea (Rep. of)
Malaysia
Taiwan
Thailand

Stainless steel wires (= or >
1 mm diameter) (AD)

India

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

Czech Rep.
Russia
Thailand
Turkey

Czech Rep.
Turkey

Russia
Thailand

Taiwan

Synthetic fibre ropes

India

Duties

Duties

Duties

Council Reg.
(EC) No 393/98
16.02.1998
as last amended by
Council Reg.
(EC) No 2570/2000
20.11.2000
Council Reg.
(EC) No 1600/99
12.07.1999
Council Reg.
(EC) No 1796/99
12.08.1999

L 50
20.02.1998
p. 1

L 297
24.11.2000
p. 1
L 189
22.07.1999
p. 19
L 217
17.08.1999
p. 1

Undertakings

Undertakings

Council Reg.
(EC) No 1796/99
12.08.1999

Commission Dec.
No 1999/572/EC
13.08.1999

L 217
17.08.1999
p. 1

L 217
17.08.1999
p. 63

Duties

Council Reg.
(EC) No 1601/2001
02.08.2001

L 211
04.08.2001
p. 1

Undertakings

Undertakings

Duties

Duties

Commission Reg.
(EC) No 230/2001
02.02.2001
as last amended by
Council Reg.
(EC) No 1601/2001
02.08.2001

Commission Dec.
No 2001/602/EC
26.07.2001
Council Reg.
(EC) No 1993/2000
18.09.2000
Council Reg.
(EC) No 1312/98
24.06.1998

L 34
03.02.2001
p. 4

L 211
04.08.2001
p. 1

L 211
04.08.2001
p. 48
L 238
22.09.2000
p. 4
L 183
26.06.1998
p. 1

97

Product

Origin

Measure

Regulation N°

Publication

Council Reg.
(EC) No 1728/99
04.08.1999
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 1900/2001
27.09.2001
Council Reg.
(EC) No 710/95
27.03.1995
as last amended by
Council Reg.
(EC) No 2584/98
27.11.1998
Council Reg.
(EC) No 584/96
11.03.1996
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
01.03.1996
as last amended by
Commission Dec.
No 2000/453/EC
11.07.2000

L 204
04.08.1999
p. 3
L 175
14.07.2000
p. 10
L 244
29.09.2000
p. 38

L 261
29.09.2001
p. 3
L 73
01.04.1995
p. 3

L 324
02.12.1998
p. 1
L 84
03.04.1996
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
03.04.1996
p. 46

L 182
21.07.2000
p. 25

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

Tube and pipe fitting, of iron
or steel

P.R. China
Thailand
Taiwan

Duties

Duties

Duties

Duties

Duties

Thailand

Undertakings

98

Product

Origin

Measure

Regulation N°

Publication

Tube or pipe fittings
(malleable cast iron)

Brazil
Czech Rep.
Japan
P.R. China
Korea (Rep. of)
Thailand

Duties

Council Reg.
(EC) No 1784/2000
11.08.2000

L 208
18.08.2000
p. 8

Czech Rep.

Undertakings

Korea (Rep. of)
Thailand

Undertakings

Tungsten carbide and fused
tungsten carbide

P.R. China

Duties

Urea

Urea ammonium nitrate
solutions

Zinc (unwrought unalloyed)

Russia

Poland

Poland
Russia

Duties

Duties

Duties

Poland

Undertakings

Commission Reg.
(EC) No 449/2000
28.02.2000

Commission Dec.
No 2000/523/EC
10.08.2000
Council Reg.
(EC) No 771/98
07.04.1998
Council Reg.
(EC) No 901/2001
07.05.2001
Council Reg.
(EC) No 900/2001
07.05.2001
Council Reg.
(EC) No 1931/97
22.09.1997

Commission Dec.
no 97/644/EC
03.09.1997

L 55
29.02.2000
p. 3

L 208
18.08.2000
p. 53
L 111
09.04.1998
p. 1
L 127
09.05.2001
p. 11
L 127
09.05.2001
p. 1
L 272
04.10.1997
p. 1

L 272
04.10.1997
p. 50

99

B. Ranked by country (alphabetical)

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

Undertakings

Duties

Duties

Duties

Duties

Brazil

Monosodium glutamate

Duties

Tube or pipe fittings
(malleable cast iron)

Duties

Bulgaria

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

Duties
Undertakings

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
23.07.1996
extended to polyester
filament tow by
Council Reg.
(EC) No 2513/97
15.12.1997
Council Reg.
(EC) No 969/2000
08.05.2000
Council Reg.
(EC) No 1995/2000
18.09.2000
Council Reg.
(EC) No 2051/98
24.09.1998
Council Reg.
(EC) No 1784/2000
11.08.2000
Commission Dec.
No 283/2000/ECSC
04.02.2000
(corrected by Dec.
No 2009/2000/ECSC
22.09.2000)
as last amended by
Commission Dec.
No 1357/2001/ECSC
04.07.2001

L 238
22.09.2000
p. 15

L 75
24.03.2000
p. 3
L 175
14.07.2000
p. 10
L 189
30.07.1996
p. 13

L 346
17.12.1997
p. 1
L 112
11.05.2000
p. 4
L 238
22.09.2000
p. 15
L 264
29.09.1998
p. 1
L 208
18.08.2000
p. 8
L 31
05.02.2000
p. 15
(L 240
23.09.2000
p. 12)

L 182
05.07.2001
p. 27

100

Origin

Product

Measure

Regulation N°

Publication

Hardboard

Duties

Undertakings

Duties

Duties

Duties

P.R. China

Aluminium foil

Artificial corundum

Bicycles

Coke of coal in pieces with a
diameter of more than 80 mm

Coumarin

Duties

Duties

Electronic weighing scales

Duties

Ferro-silico-manganese

Duties

Fluorspar

Duties

Footwear (with textile uppers)

Duties

101

Council Reg.
(EC) No 194/99
25.01.1999
as last amended by
Council Reg.
(EC) No 1899/2001
27.9.2001

Commission Dec.
No 1999/71/EC
06.01.1999
as last amended by
Commission Dec.
No 2001/707/EC
21.08.2001
Council Reg.
(EC) No 950/2001
14.05.2001
Council Reg.
(EC) No 1951/97
06.10.1997
Council Reg.
(EC) No 1524/2000
10.07.2000
and extended to
bicycle parts by
Council Reg.
(EC) No 71/97
10.01.1997
as last amended by
Commission Dec.
No 2001/108/EC
24.01.2001
Commission Dec.
No 2730/2000/ECSC
14.12.2000
Council Reg.
(EC) No 600/96
25.03.1996
Council Reg.
(EC) No 2605/2000
27.11.2000
Council Reg.
(EC) No 495/98
23.02.1998
Council Reg.
(EC) No 2011/2000
18.09.2000
Council Reg.
(EC) No 2155/97
29.10.1997

L 22
29.01.1999
p. 16

L 261
29.09.2001
p. 1

L 22
29.01.1999
p. 71

L 261
29.09.2001
p. 65
L 134
17.05.2001
p. 1
L 276
09.10.1997
p. 9
L 175
14.07.2000
p. 39

L 16
18.01.1997
p. 1

L 41
10.02.2001
p. 30
L 316
15.12.2000
p. 30
L 86
04.04.1996
p. 1
L 301
30.11.2000
p. 42
L 62
03.03.1998
p. 1
L 241
26.09.2000
p. 5
L 298
01.11.1997
p. 1

Origin

Product

Measure

Regulation N°

Publication

Council Reg.
(EC) No 467/98
23.02.1998
Council Reg.
(EC) No 2722/99
17.12.1999
Council Reg.
(EC) No 368/98
16.02.1998
as last amended by
Council Reg.
(EC) No 1086/2000
22.05.2000
Council Reg.
(EC) No 1567/97
01.08.1997
as last amended by
Council Reg.
(EC) No 133/2001
22.01.2001
Commission Dec.
No 1758/2000/ECSC
09.08.2000
Council Reg.
(EC) No 1470/2001
16.07.2001
Council Reg.
(EC) No 1824/2001
12.09.2001
Council Reg.
(EC) No 360/2000
14.02.2000
Council Reg.
(EC) No 2402/98
03.11.1998
as last amended by
Council Reg.
(EC) No 2788/2000
18.12.2000
Council Reg.
(EC) No 1334/99
21.06.1999
Council Reg.
(EC) No 2861/93
18.10.93
as last amended by
Council Reg.
(EC) No 2537/99
29.11.1999

L 60
28.02.1998
p. 1
L 328
22.12.1999
p. 1
L 47
18.02.1998
p. 1

L 124
25.05.2000
p. 1
L 208
02.08.1997
p. 31

L 23
25.01.2001
p. 9
L 202
10.08.2000
p. 21
L 195
19.07.2001
p. 8
L 248
18.09.2001
p. 1
L 46
18.02.2000
p. 1
L 298
07.11.1998
p. 1

L 324
21.12.2000
p. 4
L 159
25.06.1999
p. 1
L 262
21.10.93
p. 4

L 307
02.12.1999
p. 1

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)

Lamps (integrated electronic
compact fluorescent)

Lighters (non-refillable and
refillable)

Duties

Duties

Duties

Magnesium (deadburned)

Duties

Magnesium (unwrought,
unalloyed)

Duties

Magnesium oxide (caustic
magnesite)

Magnetic disks (3,5”
microdisks)

Duties

Duties

102

Origin

Product

Measure

Regulation N°

Publication

Council Reg.
(EC) No 2961/95
18.12.1995
Council Reg.
(EC) No 904/98
27.04.1998
Council Reg.
(EC) No 299/2001
12.02.2001
Council Reg.
(EC) No 1006/96
03.06.1996
Council Reg.
(EC) No 119/97
20.01.1997
as last amended by
Council Reg.
(EC) No 2100/2000
29.09.2000
Council Reg.
(EC) No 2003/97
13.10.1997
Council Reg.
(EC) No 1100/2000
22.05.2000
Council Reg.
(EC) No 2496/97
11.12.1997
Council Reg.
(EC) No 393/98
16.02.1998
as last amended by
Council Reg.
(EC) No 2570/2000
20.11.2000
Council Reg.
(EC) No 1796/99
12.08.1999
Council Reg.
(EC) No 710/95
27.03.1995
as last amended by
Council Reg.
(EC) No 2584/98
27.11.1998
Council Reg.
(EC) No 1784/2000
11.08.2000

L 308
21.12.1995
p. 61
L 128
30.04.1998
p. 1
L 44
15.02.2001
p. 4
L 134
05.06.1996
p. 20
L 22
24.01.1997
p. 1

L 250
05.10.2000
p. 1
L 284
16.10.1997
p. 1
L 125
26.05.2000
p. 3
L 345
16.12.1997
p. 1
L 50
20.02.1998
p. 1

L 297
24.11.2000
p. 1
L 217
17.08.1999
p. 1
L 73
01.04.1995
p. 3

L 324
02.12.1998
p. 1
L 208
18.08.2000
p. 8

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

Stainless steel fasteners

Duties

Steel ropes and cables

Duties

Televisions (colour)

Duties

Tube or pipe fittings
(malleable cast iron)

Duties

103

Origin

Product

Measure

Regulation N°

Publication

Council Reg.
(EC) No 584/96
11.03.1996
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
07.04.1998
Council Reg.
(EC) No 348/2000
14.02.2000

Commission Dec.
No 2000/137/EC
17.02.2000
Council Reg.
(EC) No 603/99
15.03.1999
as last amended by
Council Reg.
(EC) No 1657/2001
10.08.2001

Commission Dec.
No 1999/215/EC
16.03.1999
as last amended by
Commission Dec.
No 2000/324/EC
25.04.2000

L 84
03.04.1996
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
09.04.1998
p. 1
L 45
17.02.2000
p. 1

L 46
18.02.2000
p. 34
L 75
20.03.1999
p. 1

L 221
17.08.2001
p. 1

L 75
20.03.1999
p. 34

L 112
11.05.2000
p. 65

Tube and pipe fitting, of iron
or steel

Duties

Croatia

Tungsten carbide and fused
tungsten carbide

Seamless pipes and tubes of
non-alloy steel

Duties

Duties

Czech Republic

Binder or baler twine
(polypropylene)

Undertakings

Duties

Undertakings

104

Origin

Product

Measure

Regulation N°

Publication

Seamless steel pipes and tubes

Duties

Undertakings

Steel ropes and cables

Duties

Undertakings

Tube or pipe fittings
(malleable cast iron)

Duties

Undertakings

Egypt

Bed linen (cotton-type)

Duties

Estonia

Hardboard

Duties

Undertakings

105

Council Reg.
(EC) No 2320/97
17.11.1997
as last amended by
Council Reg.
(EC) No 190/2000
24.01.2000

Commission Dec.
No 97/790/EC
24.10.1997
Council Reg.
(EC) No 1601/2001
02.08.2001

Commission Reg.
(EC) No 230/2001
02.02.2001
as last amended by
Council Reg.
(EC) No 1601/2001
02.08.2001
Council Reg.
(EC) No 1784/2000
11.08.2000

Commission Reg.
(EC) No 449/2000
28.02.2000
Council Reg.
(EC) No 2398/97
28.11.1997
as last amended by
Council Reg.
(EC) No 554/2000
13.03.2000
Council Reg.
(EC) No 194/99
25.01.1999
as last amended by
Council Reg.
(EC) No 1899/2001
27.9.2001

Commission Dec.
No 1999/71/EC
06.01.1999
as last amended by
Commission Dec.
No 2001/707/EC
21.08.2001

L 322
25.11.1997
p. 1

L 23
28.01.2000
p. 1

L 322
25.11.1997
p. 63
L 211
04.08.2001
p. 1

L 34
03.02.2001
p. 4

L 211
04.08.2001
p. 1
L 208
18.08.2000
p. 8

L 55
29.02.2000
p. 3
L 332
04.12.1997
p. 1

L 68
16.03.2000
p. 1
L 22
29.01.1999
p. 16

L 261
29.09.2001
p. 1

L 22
29.01.1999
p. 71

L 261
29.09.2001
p. 65

Origin

Hong Kong

Magnetic disks (3,5”
microdisks)

Duties

Product

Measure

Regulation N°

Publication

Council Reg.
(EC) No 2199/94
09.09.1994
as last amended by
Council Reg.
(EC) No 2537/99
29.11.1999
Council Reg.
(EC) No 603/99
15.03.1999
as last amended by
Council Reg.
(EC) No 1657/2001
10.08.2001

Commission Dec.
No 1999/215/EC
16.03.1999
as last amended by
Commission Dec.
No 2000/324/EC
25.04.2000
Council Reg.
(EC) No 2320/97
17.11.1997
as last amended by
Council Reg.
(EC) No 190/2000
24.01.2000

Commission Dec.
No 97/790/EC
24.10.1997
Council Reg.
(EC) No 1796/99
12.08.1999
Council Reg.
(EC) No 2398/97
28.11.1997
as last amended by
Council Reg.
(EC) No 1644/2001
07.08.2001
Council Reg.
(EC) No 2313/2000
17.10.2000

L 236
10.09.1994
p. 1

L 307
02.12.1999
p. 1
L 75
20.03.1999
p. 1

L 221
17.08.2001
p. 1

L 75
20.03.1999
p. 34

L 112
11.05.2000
p. 65
L 322
25.11.1997
p. 1

L 23
28.01.2000
p. 1

L 322
25.11.1997
p. 63
L 217
17.08.1999
p. 1
L 332
04.12.1997
p. 1

L 219
14.08.2001
p. 1
L 267
20.10.2000
p. 1

Hungary

Binder or baler twine
(polypropylene)

Duties

Undertakings

Seamless steel pipes and tubes

Duties

Steel ropes and cables

India

Bed linen (cotton-type)

Undertakings

Duties
Undertakings

Duties
suspended

Colour television picture tubes
(cathode-ray)

Duties

106

Origin

Product

Measure

Regulation N°

Publication

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)

PET (polyethylene
terephthalate) film

Duties

Undertakings
Duties

Undertakings

Duties

Undertakings

Polyester staple fibres

Duties

Undertakings

Potassium permanganate

Duties

Sacks and bags
(polyethylene/polypropylene)

Duties

Stainless steel fasteners

Duties

Commission Dec.
No 283/2000/ECSC
04.02.2000
(corrected by Dec.
No 2009/2000/ECSC
22.09.2000)
as last amended by
Commission Dec.
No 1357/2001/ECSC
04.07.2001
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 1676/2001
13.08.2001

Commission Dec.
No 2001/645/EC
22.08.2001
Council Reg.
(EC) No 2852/2000
22.12.2000

Commission Dec.
No 2000/818/EC
19.12.2000
Council Reg.
(EC) No 1507/98
13.07.1998
Council Reg.
(EC) No 1950/97
06.10.1997
as last amended by
Council Reg.
(EC) No 2744/2000
14.12.2000
Council Reg.
(EC) No 393/98
16.02.1998
as last amended by
Council Reg.
(EC) No 2570/2000
20.11.2000

L 31
05.02.2000
p. 15
(L 240
23.09.2000
p. 12)

L 182
05.07.2001
p. 27
L 202
10.08.2000
p. 21
L 301
30.11.2000
p. 21

L 301
30.11.2000
p. 88
L 227
23.08.2001
p. 1

L 227
23.08.2001
p. 56
L 332
28.12.2000
p. 17

L 332
28.12.2000
p. 116
L 200
16.07.1998
p. 4
L 276
09.10.1997
p. 1

L 316
15.12.2000
p. 67
L 50
20.02.1998
p. 1

L 297
24.11.2000
p. 1

107

Origin

Product

Measure

Regulation N°

Publication

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

Polyester textured filament
yarns (PTY)

Duties

Sacks & bags (polyethylene/
polypropylene)

Duties

Synthetic staple fibres of
polyester

Duties

108

Council Reg.
(EC) No 1600/99
12.07.1999
Council Reg.
(EC) No 1796/99
12.08.1999

Commission Dec.
No 1999/572/EC
13.08.1999
Council Reg.
(EC) No 1312/98
24.06.1998
Council Reg.
(EC) No 648/96
28.03.1996
Council Reg.
(EC) No 2155/97
29.10.1997
Council Reg.
(EC) No 467/98
23.02.1998
Council Reg.
(EC) No 2861/93
18.10.93
as last amended by
Council Reg.
(EC) No 2537/99
29.11.1999
Council Reg.
(EC) No 2604/2000
27.11.2000

Commission Dec.
No 2000/745/EC
29.11.2000
Council Reg.
(EC) No 2160/96
11.11.1996
as last amended by
Council Reg.
(EC) No 1078/2001
31.05.2001
Council Reg.
(EC) No 1950/97
06.10.1997
as last amended by
Council Reg.
(EC) No 2744/2000
14.12.2000
Council Reg.
(EC) No 1522/2000
10.07.2000

L 189
22.07.1999
p. 19
L 217
17.08.1999
p. 1

L 217
17.08.1999
p. 63
L 183
26.06.1998
p. 1
L 91
12.04.1996
p. 1
L 298
01.11.1997
p. 1
L 60
28.02.1998
p. 1
L 236
22.08.1998
p. 1

L 307
02.12.1999
p. 1
L 301
30.11.2000
p. 21

L 301
30.11.2000
p. 88
L 289
12.11.1996
p. 14

L 149
02.06.2001
p. 5
L 276
09.10.1997
p. 1

L 316
15.12.2000
p. 67
L 175
14.07.2000
p. 10

Origin

Product

Measure

Regulation N°

Publication

Japan

Advertising matches

Black colorformers

Duties

Duties

Electronic weighing scales

Duties

Internal gear hubs for bicycles

Duties

Magnetic disks (3,5”
microdisks)

Duties

Personal fax machines

Duties

Television camera systems

Duties

Tube or pipe fittings
(malleable cast iron)

Korea (Rep. of)

Colour television picture tubes
(cathode-ray)

Duties

Duties

Electronic weighing scales

Duties

Magnetic disks (3,5”
microdisks)

Duties

Monosodium glutamate

Duties

Personal fax machines

Duties

109

Council Reg.
(EC) No 2025/97
15.10.1997
Council Reg.
(EC) No 2263/2000
09.10.2000
Council Reg.
(EC) No 468/2001
06.03.2001
Council Reg.
(EC) No 2080/2001
23.10.2001
Council Reg.
(EC) No 2861/93
18.10.1993
as last amended by
Council Reg.
(EC) No 2537/99
29.11.1999
Council Reg.
(EC) No 904/98
27.04.1998
Council Reg.
(EC) No 2042/2000
26.09.2000
as last amended by
Council Reg.
(EC) No 1900/2001
27.09.2001
Council Reg.
(EC) No 1784/2000
11.08.2000
Council Reg.
(EC) No 2313/2000
17.10.2000
Council Reg.
(EC) No 2605/2000
27.11.2000
Council Reg.
(EC) No 2199/94
09.09.1994
as last amended by
Council Reg.
(EC) No 2537/99
29.11.1999
Council Reg.
(EC) 2051/98
24.09.1998
Council Reg.
(EC) No 904/98
27.04.1998

L 284
16.10.1997
p. 1
L 259
13.10.2000
p. 1
L 67
09.03.2001
p. 24
L 282
26.10.2001
p. 1
L 262
21.10.1993
p. 4

L 307
02.12.1999
p. 1
L 128
30.04.1998
p. 1
L 244
29.09.2000
p. 38

L 261
29.09.2001
p. 3
L 208
18.08.2000
p. 8
L 267
20.10.2000
p. 1
L 301
30.11.2000
p. 42
L 236
10.09.1994
p. 1

L 307
02.12.1999
p. 1
L 264
29.09.1998
p. 1
L 128
30.04.1998
p. 1

Origin

Product

Measure

Regulation N°

Publication

PET (polyethylene
terephthalate)

PET (polyethylene
terephthalate) film

Duties

Duties

Polyester staple fibres

Duties

Stainless steel fasteners

Duties

Televisions (colour)

Duties

Tube or pipe fittings
(malleable cast iron)

Duties

Undertakings

Latvia

Hardboard

Duties

Lithuania

Hardboard

Duties

Council Reg.
(EC) No 2604/2000
27.11.2000
Council Reg.
(EC) No 1676/2001
13.08.2001
Council Reg.
(EC) No 2852/2000
22.12.2000
Council Reg.
(EC) No 393/98
16.02.1998
as last amended by
Council Reg.
(EC) No 2570/2000
20.11.2000
Council Reg.
(EC) No 710/95
27.03.1995
as last amended by
Council Reg.
(EC) No 2584/98
27.11.1998
Council Reg.
(EC) No 1784/2000
11.08.2000

Commission Dec.
No 2000/523/EC
10.08.2000
Council Reg.
(EC) No 194/99
25.01.1999
as last amended by
Council Reg.
(EC) No 1899/2001
27.09.2001
Council Reg.
(EC) No 194/99
25.01.1999
as last amended by
Council Reg.
(EC) No 1899/2001
27.09.2001

L 301
30.11.2000
p. 21
L 227
23.08.2001
p. 1
L 332
28.12.2000
p. 17
L 50
20.02.1998
p. 1

L 297
24.11.2000
p. 1
L 73
01.04.1995
p. 3

L 324
02.12.1998
p. 1
L 208
18.08.2000
p. 8

L 208
18.08.2000
p. 53
L 22
29.01.1999
p. 16

L 261
29.09.2001
p. 1
L 22
29.01.1999
p. 16

L 261
29.09.2001
p. 1

110

Origin

Product

Measure

Regulation N°

Publication

Commission Dec.
No 1999/71/EC
06.01.1999
as last amended by
Commission Dec.
No 2001/707/EC
21.08.2001
Council Reg.
(EC) No 1995/2000
18.09.2000
Council Reg.
(EC) No 648/96
28.03.1996
Council Reg.
(EC) No 904/98
27.04.1998
Council Reg.
(EC) No 2604/2000
27.11.2000
Council Reg.
(EC) No 1001/97
02.06.1997
as last amended by
Council Reg.
(EC) No 1992/2000
18.09.2000
Council Reg.
(EC) No 119/97
20.01.1997
as last amended by
Council Reg.
(EC) No 2100/2000
29.09.2000
Council Reg.
(EC) No 393/98
16.02.1998
as last amended by
Council Reg.
(EC) No 2570/2000
20.11.2000
Council Reg.
(EC) No 710/95
27.03.1995
as last amended by
Council Reg.
(EC) No 2584/98
27.11.1998

L 22
29.01.1999
p. 71

L 261
29.09.2001
p. 65
L 238
22.09.2000
p. 15
L 91
12.04.1996
p. 1
L 128
30.04.1998
p. 1
L 301
30.11.2000
p. 21
L 145
05.06.1997
p. 1

L 238
22.09.2000
p. 1
L 22
24.01.1997
p. 1

L 250
05.10.2000
p. 1
L 50
20.02.1998
p. 1

L 297
24.11.2000
p. 1
L 73
01.04.1995
p. 3

L 324
02.12.1998
p. 1

Undertakings

Solutions of urea and
ammonium nitrate

Malaysia

Bicycles

Duties

Duties

Personal fax machines

Duties

PET (polyethylene
terephthalate)

Polyester textured filament
yarns (PTY)

Duties

Duties

Ring binder mechanisms

Duties

Stainless steel fasteners

Duties

Televisions (colour)

Duties

111

Origin

Product

Measure

Regulation N°

Publication

Mexico

Lighters (non-refillable)

Duties

Undertakings

Steel ropes and cables

Duties

Undertakings

Norway

Salmon (AD)

Duties

Undertakings

Pakistan

Bed linen (cotton-type)

Duties

Council Reg.
(EC) No 423/97
03.03.1997
as last amended by
Council Reg.
(EC) No 1471/2001
16.07.2001

Commission Dec.
No 97/167/EC
25.02.1997
as last amended by
Commission Dec.
No 2001/545/EC
09.07.2001
Council Reg.
(EC) No 1796/99
12.08.1999

Commission Dec.
No 1999/572/EC
13.08.1999

Council Reg.
(EC) No 1890/97
26.09.1997
repealed by
Council Reg.
(EC) No 772/99
30.03.1999
as last amended by
Council Reg.
(EC) No 1677/2001
13.08.2001

Commission Dec.
No 97/634/EC
26.09.1997
as last amended by
Commission Dec.
No 2001/644/EC
20.07.2001
Council Reg.
(EC) No 2398/97
28.11.1997
as last amended by
Council Reg.
(EC) No 554/2000
13.03.2000

L 65
06.03.1997
p. 1

L 195
19.07.2001
p. 15

L 65
06.03.1997
p. 54

L 195
19.07.2001
p. 57
L 217
17.08.1999
p. 1

L 217
17.08.1999
p. 63

L 267
30.09.1997
p. 1

L 101
16.04.1999
p. 1

L 227
23.08.2001
p. 15

L 267
30.09.1997
p. 81

L 227
23.08.2001
p. 49
L 332
04.12.1997
p. 1

L 68
16.03.2000
p. 1

112

Origin

Product

Measure

Regulation N°

Publication

Philippines

Lighters (non-refillable)

Duties

Undertakings

Duties

Duties

Poland

Ammonium nitrate

Binder or baler twine
(polypropylene)

Flat pallets of wood

Duties

Undertakings

113

Council Reg.
(EC) No 423/97
03.03.1997
as last amended by
Council Reg.
(EC) No 1471/2001
16.07.2001

Commission Dec.
No 97/167/EC
25.02.1997
as last amended by
Commission Dec.
No 2001/545/EC
09.07.2001
Council Reg.
(EC) No 132/2001
22.01.2001
Council Reg.
(EC) No 603/99
15.03.1999
as last amended by
Council Reg.
(EC) No 1657/2001
10.08.2001
Council Reg.
(EC) No 2334/97
24.11.1997
as last amended by
Council Reg.
(EC) No 1678/2001
13.08.2001

Commission Reg.
(EC) No 1023/97
06.06.1997
as last amended by
Commission Reg.
(EC) No 1633/97
14.08.1997

Commission Dec.
No 97/797/EC
07.11.1997

Commission Dec.
No 98/554/EC
03.09.1998

L 65
06.03.1997
p. 1

L 195
19.07.2001
p. 15

L 65
06.03.1997
p. 54

L 195
19.07.2001
p. 57
L 23
25.01.2001
p. 1
L 75
20.03.1999
p. 1

L 221
17.08.2001
p. 1
L 324
27.11.1997
p. 1

L 227
23.08.2001
p. 22

L 150
07.06.1997
p. 4

L 225
15.08.1997
p. 13

L 324
27.11.1997
p. 36

L 266
01.10.1998
p. 82

Origin

Product

Measure

Regulation N°

Publication

Commission Dec.
No 1999/642/EC
10.09.1999

Commission Dec.
No 2000/437/EC
27.06.2000

Commission Dec.
No 2001/643/EC
30.07.2001

Council Reg.
(EC) No 194/99
25.01.1999
as last amended by
Council Reg.
(EC) No 1899/2001
27.9.2001

Commission Dec.
No 1999/71/EC
06.01.1999
as last amended by
Commission Dec.
No 2001/707/EC
21.08.2001
Council Reg.
(EC) No 2320/97
17.11.1997
as last amended by
Council Reg.
(EC) No 190/2000
24.01.2000

Commission Dec.
No 97/790/EC
24.10.1997
Council Reg.
(EC) No 1796/99
12.08.1999
Council Reg.
(EC) No 900/2001
07.05.2001

L 255
30.09.1999
p. 36

L 175
14.07.2000
p. 93

L 227
23.08.2001
p. 44

L 22
29.01.1999
p. 16

L 261
29.09.2001
p. 1

L 22
29.01.1999
p. 71

L 261
29.09.2001
p. 65
L 322
25.11.1997
p. 1

L 23
28.01.2000
p. 1

L 322
25.11.1997
p. 63
L 217
17.08.1999
p. 1
L 127
09.05.2001
p. 1

Hardboard

Duties

Undertakings

Seamless steel pipes and tubes

Duties

Undertakings

Duties
Undertakings

Duties

Steel ropes and cables

Urea ammonium nitrate
solutions

114

Origin

Product

Measure

Regulation N°

Publication

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

Aluminium foil

Duties

Undertakings

Ammonium nitrate

Duties

Grain-oriented electrical steel
sheets

Duties
Undertakings

Hardboard

Duties

Potassium chloride

Duties

115

Council Reg.
(EC) No 1931/97
22.09.1997

Commission Dec.
No 97/644/EC
03.09.1997
Commission Dec.
No 1758/2000/ECSC
09.08.2000
Council Reg.
(EC) No 2320/97
17.11.1997
as last amended by
Council Reg.
(EC) No 190/2000
24.01.2000

Commission Dec.
No 97/790/EC
24.10.1997
Council Reg.
(EC) No 950/2001
14.05.2001

Commission Dec.
No 2001/381/EC
16.05.2001
Council Reg.
(EC) No 2022/95
16.08.1995
as last amended by
Council Reg.
(EC) No 663/98
23.03.1998
Commission Dec.
No 303/96/ECSC
19.02.1996
Council Reg.
(EC) No 194/99
25.01.1999
as last amended by
Council Reg.
(EC) No 1899/2001
27.09.2001
Council Reg.
(EC) No 969/2000
08.05.2000

L 272
04.10.1997
p. 1

L 272
04.10.1997
p. 50
L 202
10.08.2000
p. 21
L 322
25.11.1997
p. 1

L 23
28.01.2000
p. 1

L 322
25.11.1997
p. 63
L 134
17.05.2001
p. 1

L 134
17.05.2001
p. 67
L 198
23.08.1995
p. 1

L 93
26.03.1998
p. 1
L 42
20.02.1996
p. 7
L 22
29.01.1999
p. 16

L 261
29.09.2001
p. 1
L 112
11.05.2000
p. 4

Origin

Product

Measure

Regulation N°

Publication

Seamless steel pipes and tubes

Duties

Undertakings

Silicon carbide

Duties

Undertaking

Solutions of urea and
ammonium nitrate

Duties

Steel ropes and cables

Duties

Undertaking

Urea

Duties

Zinc (unwrought unalloyed)

Duties

Singapore

Electronic weighing scales

Duties

Personal fax machines

Duties

Televisions (colour)

Duties

116

Council Reg.
(EC) No 2320/97
17.11.1997
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
09.03.1994
prolonged by above
Council Reg.
Council Reg.
(EC) No 1995/2000
18.09.2000
Council Reg.
(EC) No 1601/2001
02.08.2001

Commission Dec.
No 2001/602/EC
26.07.2001
Council Reg.
(EC) No 901/2001
07.05.2001
Council Reg.
(EC) No 1931/97
22.09.1997
Council Reg.
(EC) No 469/2001
06.03.2001
Council Reg.
(EC) No 904/98
27.04.1998
Council Reg.
(EC) No 710/95
27.03.1995
as last amended by
Council Reg.
(EC) No 2584/98
27.11.1998

L 322
25.11.1997
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
13.04.1994
p. 32

L 238
22.09.2000
p. 15
L 211
04.08.2001
p. 1

L 211
04.08.2001
p. 47
L 127
09.05.2001
p. 11
L 272
04.10.1997
p. 1
L 67
09.03.2001
p. 37
L 128
30.04.1998
p. 1
L 73
01.04.1995
p. 3

L 324
02.12.1998
p. 1

Origin

Product

Measure

Regulation N°

Publication

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

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

Duties

Lighters (non-refillable and
refillable)

Duties

117

Council Reg.
(EC) No 2320/97
17.11.1997
as last amended by
Council Reg.
(EC) No 190/2000
24.01.2000

Commission Dec.
No 97/790/EC
24.10.1997
Commission Dec.
No 283/2000/ECSC
04.02.2000
(corrected by Dec.
No 2009/2000/ECSC
22.09.2000)
as last amended by
Commission Dec.
No 1357/2001/ECSC
04.07.2001
Council Reg.
(EC) No 1796/99
12.08.1999

Commission Dec.
No 1999/572/EC
13.08.1999
Council Reg.
(EC) No 397/99
22.02.1999
as last amended by
Council Reg.
(EC) No 1099/2000
22.05.2000
Council Reg.
(EC) No 2605/2000
27.11.2000
Commission Dec.
No 283/2000/ECSC
04.02.2000
(corrected by Dec.
No 2009/2000/ECSC
22.09.2000)
as last amended by
Commission Dec.
No 1357/2001/ECSC
04.07.2001
Council Reg.
(EC) No 1824/2001
12.09.2001

L 322
25.11.1997
p. 1

L 23
28.01.2000
p. 1

L 322
25.11.1997
p. 63
L 31
05.02.2000
p. 15
(L 240
23.09.2000
p. 12)

L 182
05.07.2001
p. 27
L 217
17.08.1999
p. 1

L 217
17.08.1999
p. 63
L 49
25.02.1999
p. 1

L 125
26.05.2000
p. 1
L 301
30.11.2000
p. 42
L 31
05.02.2000
p. 15
(L 240
23.09.2000
p. 12)

L 182
05.07.2001
p. 27
L 248
18.09.2001
p. 1

Origin

Product

Measure

Regulation N°

Publication

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

Council Reg.
(EC) No 2861/93
18.10.1993
as last amended by
Council Reg.
(EC) No 2537/99
29.11.1999
Council Reg.
(EC) No 2051/98
24.09.1998
Council Reg.
(EC) No 904/98
27.04.1998
Council Reg.
(EC) No 2604/2000
27.11.2000
Council Reg.
(EC) No 1074/96
14.06.1996
as last amended by
Council Reg.
(EC) No 2010/2000
18.09.2000
Council Reg.
(EC) No 393/98
16.02.1998
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
29.07.1999

L 262
21.10.1993
p. 4

L. 307
02.12.1999
p. 1
L 264
29.09.1998
p. 1
L 128
30.04.1998
p. 1
L 301
30.11.2000
p. 21
L 141
14.06.1996
p. 45

L 241
26.09.2000
p. 1
L 50
20.02.1998
p. 1

L 297
24.11.2000
p. 1
L 238
22.09.2000
p. 4
L 204
04.08.1999
p. 3

118

Origin

Product

Measure

Regulation N°

Publication

Tube and pipe fitting, of iron
or steel

Duties

Thailand

Bicycles

Footwear (with uppers of
leather or plastics)

Duties

Duties

Lighters (non-refillable)

Duties

Personal fax machines

Duties

PET (polyethylene
terephthalate)

Polyester textured filament
yarns (PTY)

Duties

Duties

Sacks and bags
(polyethylene/polypropylene)

Duties

119

Council Reg.
(EC) No 584/96
11.03.1996
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 648/96
28.03.1996
Council Reg.
(EC) No 467/98
23.02.1998
Council Reg.
(EC) No 423/97
03.03.1997
as last amended by
Council Reg.
(EC) No 1471/2001
16.07.2001
Council Reg.
(EC) No 904/98
27.04.1998
Council Reg.
(EC) No 2604/2000
27.11.2000
Council Reg.
(EC) No 2160/96
11.11.1996
as last amended by
Council Reg.
(EC) No 1078/2001
31.05.2001
Council Reg.
(EC) No 1950/97
06.10.1997
as last amended by
Council Reg.
(EC) No 2744/2000
14.12.2000

L 84
03.04.1996
p. 1

L 182
21.07.2000
p. 1

L 94
14.04.2000
p. 1

L 267
20.10.2000
p. 15
L 91
12.04.1996
p. 1
L 60
28.02.1998
p. 1
L 65
06.03.1997
p. 1

L 195
19.07.2001
p. 15
L 128
30.04.1998
p. 1
L 301
30.11.2000
p. 21
L 289
12.11.1996
p. 14

L 149
02.06.2001
p. 5
L 276
09.10.1997
p. 1

L 316
15.12.2000
p. 67

Origin

Product

Measure

Regulation N°

Publication

Council Reg.
(EC) No 393/98
16.02.1998
as last amended by
Council Reg.
(EC) No 2570/2000
20.11.2000
Council Reg.
(EC) No 1601/2001
02.08.2001

Commission Dec.
No 2001/602/EC
26.07.2001
Council Reg.
(EC) No 1522/2000
10.07.2000
Council Reg.
(EC) No 710/95
27.03.1995
as last amended by
Council Reg.
(EC) No 2584/98
27.11.1998
Council Reg.
(EC) No 1784/2000
11.08.2000

Commission Dec.
No 2000/523/EC
10.08.2000
Council Reg.
(EC) No 584/96
11.03.1996
as last amended by
Council Reg.
(EC) No 1592/2000
17.07.2000

Commission Dec.
No 96/252/EC
01.03.1996
as last amended by
Commission Dec.
No 2000/453/EC
11.07.2000

L 50
20.02.1998
p. 1

L 297
24.11.2000
p. 1
L 211
04.08.2001
p. 1

L 211
04.08.2001
p. 47
L 175
14.07.2000
p. 10
L 73
01.04.1995
p. 3

L 324
02.12.1998
p. 1
L 208
18.08.2000
p. 8

L 208
18.08.2000
p. 53
L 84
03.04.1996
p. 1

L 182
21.07.2000
p. 1

L 84
03.04.1996
p. 46

L 182
21.07.2000
p. 25

Stainless steel fasteners

Duties

Steel ropes and cables

Duties

Synthetic staple fibres of
polyester

Televisions (colour)

Undertaking

Duties

Duties

Tube or pipe fittings
(malleable cast iron)

Duties

Undertakings

Tube and pipe fitting, of iron
or steel

Duties

Undertakings

120

Origin

Product

Measure

Regulation N°

Publication

Turkey

Steel ropes and cables

Duties

Undertakings

Ukraine

Ammonium nitrate

Duties

Ferro-silico-manganese

Duties
Undertakings

Potassium chloride

Duties

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

Undertakings

USA

Ethanolamines

Duties

Polysulphide polymers

Duties

121

Council Reg.
(EC) No 1601/2001
02.08.2001

Commission Reg.
(EC) No 230/2001
02.02.2001
as last amended by
Council Reg.
(EC) No 1601/2001
02.08.2001
Council Reg.
(EC) No 132/2001
22.01.2001
Council Reg.
(EC) No 495/98
23.02.1998
Council Reg.
(EC) No 969/2000
08.05.2000
Council Reg.
(EC) No 1507/98
13.07.1998
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
12.08.1999

Commission Dec.
No 1999/572/EC
13.08.1999
Council Reg.
(EC) No 1603/2000
20.07.2000
Council Reg.
(EC) No 1965/98
09.09.1998

L 211
04.08.2001
p. 1

L 34
03.02.2001
p. 4

L 211
04.08.2001
p. 1
L 23
25.01.2001
p. 1
L 62
03.03.1998
p. 1
L 112
11.05.2000
p. 4
L 200
16.07.1998
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
17.08.1999
p. 1

L 217
17.08.1999
p. 63
L 185
25.07.2000
p. 1
L 255
17.09.1998
p. 1

Origin

Product

Measure

Regulation N°

Publication

Vietnam

Monosodium glutamate

Duties

Yugoslavia (F.R.)

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

Duties

Council Reg.
(EC) No 2051/98
24.09.1998
Commission Dec.
No 283/2000/ECSC
04.02.2000
(corrected by Dec.
No 2009/2000/ECSC
22.09.2000)
as last amended by
Commission Dec.
No 1357/2001/ECSC
04.07.2001

L 264
29.09.1998
p. 1
L 31
05.02.2000
p. 15
(L 240
23.09.2000
p. 12)

L 182
05.07.2001
p. 27

122

ANNEX P

Definitive anti-subsidy measures in force on 31 December 2001

A. Ranked by product (alphabetical)

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

Stainless steel bars (AS)

India

Duties

123

Council Reg.
(EC) No 2164/98
05.10.1998
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
06.12.1999
Council Reg.
(EC) No 1891/97
26.09.1997
repealed by
Council Reg.
(EC) No 772/99
30.03.1999
as last amended by
Council Reg.
(EC) No 1677/2001
13.08.2001

Commission Dec.
No 97/634/EC
26.09.1997
as last amended by
Commission Dec.
No 2001/644/EC
20.07.2001
Council Reg.
(EC) No 2450/98
14.11.1998
as last amended by
Council Reg.
(EC) No 298/2001
12.02.2001

L 273
09.10.1998
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
10.12.1999
p. 1
L 267
30.09.1997
p. 19

L 101
16.04.1999
p. 1

L 227
23.08.2001
p. 15

L 267
30.09.1997
p. 81

L 227
23.08.2001
p. 49
L 304
14.11.1998
p. 1

L 44
15.02.2001
p. 1

Product

Origin

Measure

Regulation N°

Publication

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

Duties

Duties

Duties

Duties

Duties

Council Reg.
(EC) No 1523/2000
10.07.2000
Council Reg.
(EC) No 1599/99
12.07.1999
Council Reg.
(EC) No 1601/99
12.07.1999
Council Reg.
(EC) No 1994/2000
18.09.2000
Council Reg.
(EC) No 978/2000
08.05.2000
as last amended by
Council Reg.
(EC) No 902/2001
07.05.2001

L 175
14.07.2000
p. 29
L 189
22.07.1999
p. 1
L 189
22.07.1999
p. 26
L 238
22.09.2000
p. 8
L 113
12.05.2000
p. 1

L 127
09.05.2001
p. 20

B. Ranked by country (alphabetical)

Origin

Product

Measure

Regulation N°

Publication

Australia

Synthetic fibres of polyester
(AS)

Duties

India

Antibiotics (broad spectrum)
(AS)

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

Duties

Duties

Undertakings

PET (polyethylene
terephthalate) (AS)

Duties

Undertakings

Council Reg.
(EC) No 978/2000
08.05.2000
as last amended by
Council Reg.
(EC) No 902/2001
07.05.2001
Council Reg.
(EC) No 2164/98
05.10.1998
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 127
09.05.2001
p. 20
L 273
09.10.1998
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

124

Origin

Product

Measure

Regulation N°

Publication

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)

Indonesia

Synthetic fibres of polyester
(AS)

Malaysia

PET (polyethylene
terephthalate) (AS)

Duties

Duties

Duties

Duties

Stainless steel fasteners (AS)

Duties

Norway

Salmon (AS)

Duties

Undertakings

Philippines

Stainless steel fasteners (AS)

Duties

125

Council Reg.
(EC) No. 2597/99
06.12.1999
Council Reg.
(EC) No 2450/98
13.11.1998
as last amended by
Council Reg.
(EC) No 298/2001
12.02.2001
Council Reg.
(EC) No 1599/99
12.07.1999
Council Reg.
(EC) No 1601/99
12.07.1999
Council Reg.
(EC) No 978/2000
08.05.2000
as last amended by
Council Reg.
(EC) No 902/2001
07.05.2001
Council Reg.
(EC) No 2603/2000
27.11.2000
Council Reg.
(EC) No 1523/2000
10.07.2000
Council Reg.
(EC) No 1891/97
26.09.1997
repealed by
Council Reg.
(EC) No 772/99
30.03.1999
as last amended by
Council Reg.
(EC) No 1677/2001
13.08.2001

Commission Dec.
(EC) No 634/97
26.09.1997
as last amended by
Commission Dec.
No 2001/644/EC
20.07.2001
Council Reg.
(EC) No 1523/2000
10.07.2000

L 316
10.12.1999
p. 1
L 304
14.11.1998
p. 1

L 44
15.02.2001
p. 1
L 189
22.07.1999
p. 1
L 189
22.07.1999
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
30.09.1997
p. 19

L 101
16.04.1999
p. 1

L 227
23.08.2001
p. 15

L 267
30.09.1997
p. 81

L 227
23.08.2001
p. 49
L 175
14.07.2000
p. 29

Origin

Product

Measure

Regulation N°

Publication

Taiwan

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

Duties

Styrene-butadiene-styrene
thermosplastic rubber (AS)

Thailand

PET (polyethylene
terephthalate) (AS)

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 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 301
30.11.2000
p. 1

126

ANNEX Q

Undertakings in force on 31 December 2001

A. Ranked by product (alphabetical)

Product

Origin

Measure

Regulation N°

Publication

Commission Dec.
No 2001/381/EC
16.05.2001
Commission Dec.
No 1999/215/EC
16.03.1999
as last amended by
Commission Dec.
No 2000/324/EC
25.04.2000
Council Reg.
(EC) No 495/98
23.02.1998
Commission Reg.
(EC) No 1023/97
06.06.1997
as last amended by
Commission Reg..
(EC) No 1633/97
14.08.1997
Commission Dec.
No 97/797/EC
07.11.1997

Commission Dec.
No 98/554/EC
03.09.1998

Commission Dec.
No 1999/642/EC
10.09.1999

Commission Dec.
No 2000/437/EC
27.06.2000

Commission Dec.
No 2001/643/EC
30.07.2001

L 134
17.05.2001
p. 67
L 75
20.03.1999
p. 34

L 112
11.05.2000
p. 65
L 62
03.03.1998
p. 1
L 150
07.06.1997
p. 4

L 225
15.08.1997
p. 13
L 324
27.11.1997
p. 36

L 266
01.10.1998
p. 82

L 255
30.09.1999
p. 36

L 175
14.07.2000
p. 93

L 227
23.08.2001
p. 44

Aluminium foil

Russia

Undertakings

Binder or baler twine
(polypropylene)

Czech Rep.
Hungary

Undertakings

Ferro-silico-manganese

Ukraine

Undertaking

Flat pallets of wood

Poland

Undertakings

Undertakings

Undertakings

Undertakings

Undertakings

Undertakings

127

Product

Origin

Measure

Regulation N°

Publication

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
Lithuania
Poland

Undertakings

Undertakings

Hot-rolled flat products of
non-alloy steel (quarto plates)

India
Romania

Undertakings

Lighters (non-refillable)

Mexico
Philippines

Undertakings

PET (polyethylene
terephthalate)

PET (polyethylene
terephthalate) (AS)

PET (polyethylene
terephthalate) film

India
Indonesia

India

India

Undertakings

Undertakings

Undertakings

Polyester staple fibres

India

Undertakings

Commission Dec.
No 283/2000/ECSC
04.02.2000
(corrected by Dec.
No 2009/2000/ECSC
22.09.2000)
as last amended by
Commission Dec.
No 1357/2001/ECSC
04.07.2001
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
19.02.1996
Commission Dec.
No 1999/71/EC
06.01.1999
as last amended by
Commission Dec.
No 2001/707/EC
21.08.2001
Commission Dec.
No 1758/2000/ECSC
09.08.2000

Commission Dec.
No 97/167/EC
25.02.1997
as last amended by
Commission Dec.
No 2001/545/EC
09.07.2001
Commission Dec.
No 2000/745/EC
29.11.2000
Commission Dec.
No 2000/745/EC
29.11.2000
Commission Dec.
No 2001/645/EC
22.08.2001
Commission Dec.
No 2000/818/EC
19.12.2000

L 31
05.02.2000
p. 15
(L 240
23.09.2000
p. 12)

L 182
05.07.2001
p. 27
L 31
05.02.2000
p. 44

L 246
30.09.2000
p. 32
L 42
20.02.1996
p. 7
L 22
29.01.1999
p. 71

L 261
29.09.2001
p. 65
L 202
10.08.2000
p. 21

L 65
06.03.1997
p. 54

L 195
19.07.2001
p. 57
L 301
30.11.2000
p. 88
L 301
30.11.2000
p. 88
L 227
23.08.2001
p. 56
L 332
28.12.2000
p. 116

128

Product

Origin

Measure

Regulation N°

Publication

Salmon (AD)

Norway

Undertakings

Salmon (AS)

Norway

Undertakings

Seamless steel pipes and tubes Czech Republic

Undertakings

Hungary
Poland
Romania
Slovak Republik

Russia

Undertakings

Seamless steel pipes and tubes
of iron or non-alloy steel

Croatia
Ukraine

Undertakings

Silicon carbide

Russia

Undertakings

Solutions of urea and
ammonium nitrate

Steel ropes and cables

Algeria

Undertakings

Undertakings

Undertakings

Hungary
Poland

India
Mexico
South Africa
Ukraine

Commission Dec.
No 97/634/EC
26.09.1997
as last amended by
Commission Dec.
No 2001/644/EC
20.07.2001
Commission Dec.
No 97/634/EC
26.09.1997
as last amended by
Commission Dec.
No 2001/644/EC
20.07.2001
Commission Dec.
No 97/790/EC
24.10.1997

Commission Dec.
No 2000/70/EC
22.12.1999
Commission Dec.
No 2000/137/EC
17.02.2000
Commission Dec.
No 94/202/EC
09.03.1994
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
12.08.1999

Commission Dec.
No 1999/572/EC
13.08.1999

L 267
30.09.1997
p. 81

L 227
23.08.2001
p. 49
L 267
30.09.1997
p. 81

L 227
23.08.2001
p. 49
L 322
25.11.1997
p. 63

L 23
28.01.2000
p. 78
L 46
18.02.2000
p. 34
L 94
13.04.1994
p. 32

L 125
26.05.2000
p. 3
L 75
24.03.2000
p. 3
L 217
17.08.1999
p. 1

L 217
17.08.1999
p. 63

129

Product

Origin

Measure

Regulation N°

Publication

Steel ropes and cables

Czech Rep.
Turkey

Undertakings

Russia
Thailand

Undertaking

Czech Rep.

Undertakings

Rep. of Korea
Thailand

Undertakings

Thailand

Undertakings

Tube or pipe fittings
(malleable cast iron)

Tube and pipe fitting, of iron
or steel

Urea

Bulgaria

Undertakings
(prov. stage)

Zinc (unwrought unalloyed)

Poland

Undertakings

Commission Reg.
(EC) No 230/2001
02.02.2001
as last amended by
Council Reg.
(EC) No 1601/2001
02.08.2001

Commission Dec.
No 2001/602/EC
26.07.2001
Commission Reg.
(EC) No 449/2000
28.02.2000

Commission Dec.
No 2000/523/EC
10.08.2000
Commission Dec.
No 96/252/EC
01.03.1996
as last amended by
Commission Dec.
No 2000/453/EC
11.07.2000
Commission Reg.
(EC) No 1497/2001
20.07.2001
Commission Dec..
No 97/644/EC
03.09.1997

L 34
03.02.2001
p. 4

L 211
04.08.2001
p. 1

L 211
04.08.2001
p. 47
L 55
29.02.2000
p. 3

L 208
18.08.2000
p. 53
L 84
03.04.1996
p. 46

L 182
21.07.2000
p. 25
L 197
21.07.2001
p. 4
L 272
04.10.1997
p. 50

B. Ranked by country (alphabetical)

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

Commission Reg.
(EC) No 617/2000
16.03.2000
Commission Dec.
No 283/2000/ECSC
04.02.2000
(corrected by Dec.
No 2009/2000/ECSC
22.09.2000)
as last amended by
Commission Dec.
No 1357/2001/ECSC
04.07.2001

L 75
24.03.2000
p. 3
L 31
05.02.2000
p. 15
(L 240
23.09.2000
p. 12)

L 182
05.07.2001
p. 27

130

Origin

Product

Measure

Regulation N°

Publication

Hardboard

Undertakings

Urea

Croatia

Seamless pipes and tubes of
iron or non-alloy steel

Czech Republic

Binder or baler twine
(polypropylene)

Undertakings
(prov. Stage)

Undertakings

Undertakings

Seamless steel pipes and tubes

Undertakings

Steel ropes and cables

Undertakings

Tube or pipe fittings
(malleable cast iron)

Undertakings

Estonia

Hardboard

Undertakings

Hungary

Binder or baler twine
(polypropylene)

Undertakings

Seamless steel pipes and tubes

Undertakings

Commission Dec.
No 1999/71/EC
06.01.1999
as last amended by
Commission Dec.
No 2001/707/EC
21.08.2001
Commission Reg.
(EC) No 1497/2001
20.07.2001
Commission Dec.
No 2000/137/EC
17.02.2000
Commission Dec.
No 1999/215/EC
16.03.1999
as last amended by
Commission Dec.
No 2000/324/EC
25.04.2000
Commission Dec.
No 97/790/EC
24.10.1997
Commission Reg.
(EC) No 230/2001
02.02.2001
as last amended by
Council Reg.
(EC) No 1601/2001
02.08.2001
Commission Reg.
(EC) No 449/2000
28.02.2000
Commission Dec.
No 1999/71/EC
06.01.1999
as last amended by
Commission Dec.
No 2001/707/EC
21.08.2001
Commission Dec.
No 1999/215/EC
16.03.1999
as last amended by
Commission Dec.
No 2000/324/EC
25.04.2000
Commission Dec.
No 97/790/EC
24.10.1997

L 22
29.01.1999
p. 71

L 261
29.09.2001
p. 65
L 197
21.07.2001
p. 4
L 46
18.02.2000
p. 34
L 75
20.03.1999
p. 34

L 112
11.05.2000
p. 65
L 322
25.11.1997
p. 63
L 34
03.02.2001
p. 4

L 211
04.08.2001
p. 1
L 55
29.02.2000
p. 3
L 22
29.01.1999
p. 71

L 261
29.09.2001
p. 65
L 75
20.03.1999
p. 34

L 112
11.05.2000
p. 65
L 322
25.11.1997
p. 63

131

Origin

Product

Measure

Regulation N°

Publication

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)

PET (polyethylene
terephthalate) film

Undertakings

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

Lithuania

Hardboard

Undertakings

Council Reg.
(EC) No 1796/99
12.08.1999
Commission Dec.
No 283/2000/ECSC
04.02.2000
(corrected by Dec.
No 2009/2000/ECSC
22.09.2000)
as last amended by
Commission Dec.
No 1357/2001/ECSC
04.07.2001
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 2001/645/EC
22.08.2001
Commission Dec.
No 2000/818/EC
19.12.2000
Commission Dec.
No 1999/572/EC
13.08.1999
Commission Dec.
No 2000/745/EC
29.11.2000
Commission Dec.
No 2000/523/EC
10.08.2000
Commission Dec.
No 1999/71/EC
06.01.1999
as last amended by
Commission Dec.
No 2001/707/EC
21.08.2001

L 217
17.08.1999
p. 1
L 31
05.02.2000
p. 15
(L 240
23.09.2000
p. 12)

L 182
05.07.2001
p. 27
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 227
23.08.2001
p. 56
L 332
28.12.2000
p. 116
L 217
17.08.1999
p. 63
L 301
30.11.2000
p. 88
L 208
18.08.2000
p. 53
L 22
29.01.1999
p. 71

L 261
29.09.2001
p. 65

132

Origin

Product

Measure

Regulation N°

Publication

Mexico

Lighters (non-refillable)

Undertakings

Steel ropes and cables

Undertakings

Norway

Salmon (AD)

Undertakings

Salmon (AS)

Undertakings

Philippines

Lighters (non-refillable)

Undertakings

Poland

Flat pallets of wood

Undertakings

Commission Dec.
No 97/167/EC
25.02.1997
as last amended by
Commission Dec.
No 2001/545/EC
09.07.2001
Commission Dec.
No 1999/572/EC
13.08.1999
Commission Dec.
No 97/634/EC
26.09.1997
as last amended by
Commission Dec.
No 2001/644/EC
20.07.2001
Commission Dec.
(EC) No 634/97
26.09.1997
as last amended by
Commission Dec.
No 2001/644/EC
20.07.2001
Commission Dec.
No 97/167/EC
25.02.1997
as last amended by
Commission Dec.
No 2001/545/EC
09.07.2001
Commission Reg.
(EC) No 1023/97
06.06.1997
as last amended by
Commission Reg.
(EC) No 1633/97
14.08.1997

Commission Dec.
No 97/797/EC
07.11.1997

L 65
06.03.1997
p. 54

L 195
19.07.2001
p. 57
L 217
17.08.1999
p. 63
L 267
30.09.1997
p. 81

L 227
23.08.2001
p. 49
L 267
30.09.1997
p. 81

L 227
23.08.2001
p. 49
L 65
06.03.1997
p. 54

L 195
19.07.2001
p. 57
L 150
07.06.1997
p. 4

L 225
15.08.1997
p. 13

L 324
27.11.1997
p. 36

133

Origin

Product

Measure

Regulation N°

Publication

Commission Dec.
No 98/554/EC
03.09.1998

Commission Dec.
No 1999/642/EC
10.09.1999

Commission Dec.
No 2000/437/EC
27.06.2000

Commission Dec.
No 2001/643/EC
30.07.2001

Commission Dec.
No 1999/71/EC
06.01.1999
as last amended by
Commission Dec.
No 2001/707/EC
21.08.2001
Commission Dec.
No 97/790/EC
24.10.1997
Council Reg.
(EC) No 1796/99
12.08.1999
Commission Dec.
No 97/644/EC
03.09.1997
Commission Dec.
No 1758/2000/ECSC
09.08.2000
Commission Dec.
No 97/790/EC
24.10.1997
Commission Dec.
No 2001/381/EC
16.05.2001
Commission Dec.
No 303/96/ECSC
19.02.1996
Commission Dec.
No 2000/70/EC
22.12.1999

L 266
01.10.1998
p. 82

L 255
30.09.1999
p. 36

L 175
14.07.2000
p. 93

L 227
23.08.2001
p. 44

L 22
29.01.1999
p. 71

L 261
29.09.2001
p. 65
L 322
25.11.1997
p. 63
L 217
17.08.1999
p. 1
L 272
04.10.1997
p. 50
L 202
10.08.2000
p. 21
L 322
25.11.1997
p. 63
L 134
17.05.2001
p. 67
L 42
20.02.1996
p. 7
L 23
28.01.2000
p. 78

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

Seamless steel pipes and tubes

Undertakings

Russia

Aluminium foil

Undertakings

Grain-oriented electrical steel
sheets

Undertakings

Seamless pipes and tubes of
iron or non-alloy steel

Undertakings

134

Origin

Product

Measure

Regulation N°

Publication

Silicon carbide

Undertakings

Steel ropes and cables

Undertaking

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

Steel ropes and cables

Undertaking

Tube or pipe fittings
(malleable cast iron)

Undertakings

Tube and pipe fitting, of iron
or steel

Undertakings

Turkey

Steel ropes and cables

Undertakings

Ukraine

Ferro-silico-manganese

Undertakings

Commission Dec.
No 94/202/EC
09.03.1994
prolonged by
Council Reg.
(EC) No 1100/2000
22.05.2000
Commission Dec.
No 2001/602/EC
26.07.2001
Commission Dec.
No 97/790/EC
24.10.1997
Commission Dec.
No 283/2000/ECSC
04.02.2000
(corrected by Dec.
No 2009/2000/ECSC
22.09.2000)
as last amended by
Commission Dec.
No 1357/2001/ECSC
04.07.2001
Commission Dec.
No 1999/572/EC
13.08.1999
Commission Dec.
No 2001/602/EC
26.07.2001
Commission Dec.
No 2000/523/EC
10.08.2000
Commission Dec.
No 96/252/EC
01.03.1996
as last amended by
Commission Dec.
No 2000/453/EC
11.07.2000
Commission Reg.
(EC) No 230/2001
02.02.2001
as last amended by
Council Reg.
(EC) No 1601/2001
02.08.2001
Council Reg.
(EC) No 495/98
23.02.1998

L 94
13.04.1994
p. 32

L 125
26.05.2000
p. 3
L 211
04.08.2001
p. 47
L 322
25.11.1997
p. 63
L 31
05.02.2000
p. 15
(L 240
23.09.2000
p. 12)

L 182
05.07.2001
p. 27
L 217
17.08.1999
p. 63
L 211
04.08.2001
p. 47
L 208
18.08.2000
p. 53
L 84
03.04.1996
p. 46

L 182
21.07.2000
p. 25
L 34
03.02.2001
p. 4

L 211
04.08.2001
p. 1
L 62
03.03.1998
p. 1

135

Origin

Product

Measure

Regulation N°

Publication

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
13.08.1999

L 46
18.02.2000
p. 34
L 217
17.08.1999
p. 63

136

ANNEX R

Anti-dumping & anti-subsidy investigations pending

on 31 December 2001

A. New investigations (ranked by product - in alphabetical order)

Type

Initiation

Prov. duty

Initiation

Prov. duty

Initiation

Initiation

Initiation

Initiation

Initiation

Initiation

Initiation

Initiation

Initiation

Initiation

Initiation

Initiation

Publication

C 102
31.03.2001, p. 2

L 334
18.12.2001, p. 8
C 320
09.11.2000, p. 3

L 214
08.08.2001, p. 3
C 364
20.12.2001, p. 3
C 364
20.12.2001, p. 5

C 354
13.12.2001, p. 3
C 354
13.12.2001, p. 6
C 315
09.11.2001, p. 2
C 315
09.11.2001, p. 5
C 147
18.05.2001, p. 2
C 147
18.05.2001, p. 4
C 367
21.12.2001, p. 16
C 190
06.07.2001, p. 2
C 190
06.07.2001, p. 5
C 159
01.06.2001, p. 4

Product

Origin

Compact disks - recordable (CD-Rs)

Taiwan

Ferro molybdenum

P.R. China

Filament yarn of cellulose acetate

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

Magnetic disks (3,5 microdisks) (AD)

Magnetic disks (3,5 microdisks) (AS)

Polyester textured filament yarn (PTY)

Polyester textured filament yarn (PTY) (AS)

Ringbinder mechanisms

Ringbinder mechanisms (AS)

Rubber-grade carbon blacks

Sulphanilic acid

Sulphanilic acid (AS)

Tube and pipe fittings, or iron or steel

Lithuania
USA
Egypt
Hungary
Iran
Libya
Slovakia
Turkey
India

India

India

India
Indonesia
India
Indonesia
India
Indonesia
Egypt
Russia
P.R. China
India
India

Czech Rep.
Korea (Rep. of)
Malaysia
Russia
Slovakia

137

Product

Origin

Urea

Welded tubes and pipes, of iron or non-alloy
steel

Zinc oxides

Belarus
Bulgaria
Croatia
Estonia
Lithuania
Libya
Romania
Ukraine
Czech Rep.
Poland
Thailand
Turkey
Ukraine
P.R. China

Type

Initiation

Prov. duty

Publication

C 301
21.10.2000, p. 2

L 197
21.07.2001, p. 4

Initiation

C 183
29.06.2001, p. 3

Initiation

Prov. duty

C 366
20.12.2000, p. 7

L 248
18.09.2001, p. 17

B. Review investigations (ranked by product - in alphabetical order)

Product

Origin

Type of review

Publication

Ammonium nitrate

Ammonium nitrate

Bicycles

Colour television receivers

Colour television receivers

Coumarin

Russia

Russia

Indonesia
Malaysia
Thailand
Malaysia
P.R. China
Korea (Rep. of)
Singapore
Thailand
Malaysia
P.R. China
Korea (Rep. of)
Singapore
Thailand
P.R. China

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

India

India

Bulgaria
South Africa
P.R. China

Expiry review

Interim review

Expiry review

Expiry review

C 239
23.08.2000, p. 10
C 239
23.08.2000, p. 10
C 110
11.04.2001, p. 6

C 94
01.04.2000, p. 2

Interim review

C 94
01.04.2000, p. 2

Expiry review

C 104
04.04.2001, p. 5

Accelerated review C 201

New exporter
review
Interim review

14.07.2000, p. 2
L 231
29.08.2001, p. 3
C 364
20.12.2001, p. 8

Anti-circumvention L 127

09.05.2001, p. 35

138

Product

Origin

Type of review

Publication

Grain oriented electrical sheets

Grain oriented electrical sheets

Magnetic disks (3,5” microdisks)

Magnetic disks (3,5” microdisks)

Malleable cast-iron tube or pipe fittings

Peroxodisulphates

Personal fax machines

Polyester staple fibres and polyester filament
tow
Polyester staple fibre

Russia

Russia

Japan
Taiwan
P.R. China
Hong Kong
Korea (Rep. of)
Brazil
P.R. China
Czech Rep.
Japan
Korea (Rep. of)
Thailand
P.R. China

P.R. China
Japan
Korea (Rep. of)
Malaysia
Singapore
Taiwan
Thailand
Belarus

Expiry review

Interim review

Expiry review

Expiry review

Interim review

C 53
20.02.2001, p. 13
C 53
20.02.2001, p. 13
C 322
21.10.1998, p. 4

C 256
09.09.1999, p. 3
C 342
5.12.2001, p. 5

Expiry review

Interim review

C 366
20.12.2000, p. 5
C 184
01.07.2000, p. 26

Interim review

Belarus

Expiry review

C 352
08.12.2000, p. 6
C 211
28.07.2001, p. 51
C 170
14.06.2001, p. 2
C 316
10.11.2001, p. 9
C 280
04.10.2001, p. 5

Polyester textured filament yarn (PTY)

Taiwan

Expiry review

Polyester textured filament yarn (PTY)

Polysulphide polymers

Indonesia
Thailand
USA

Expiry review

Interim review

Polyethylene terephthalate (PET)

India

Newcomer review L 171

Powdered activated carbon

P.R. China

Expiry review

Sacks and bags (polyethylene/polypropylene)

India

Interim review

Salmon (AS/AS)

Norway

Interim review

26.06.2001, p. 3
C 163
06.06.2001, p. 7
C 26
26.01.2001, p. 2
C 188
04.07.2001, p. 11

Stainless steel wire (< 1 mm) (AS)

Stainless steel wire (= or > 1 mm) (AS)

Tube or pipe fittings, of iron or steel

Accelerated review C 261

15.09.1999, p. 4

Accelerated review C 288

Expiry review

09.10.1999, p. 45
C 103
03.04.2001, p. 5

India

India

P.R. China
(extension
Taiwan)
Thailand

139

Product

Origin

Type of review

Publication

Tube or pipe fittings, of iron or steel

Thailand

Interim review

Urea and ammonium nitrate solutions

Poland

Interim review

C 103
03.04.2001, p. 5
C 288
13.10.2001, p. 2

C. Ranked by country (new and review investigations) (alphabetical)

Product

Type

Publication

Origin

Belarus

Polyester staple fibres and polyester filament
tow
Polyester staple fibre

Interim review

Expiry review

Urea

New investigation

Brazil

Bulgaria

Malleable cast-iron tube or pipe fittings

Interim review

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

Interim review

New investigation

Prov. duty

P.R. China

Colour television receivers

Colour television receivers

Coumarin

Prov. duty

Expiry review

Interim review

Expiry review

Ferro molybdenum

New investigation

Prov. duty

C 352
08.12.2000, p. 6
C 211
28.07.2001, p. 51
C 301
21.10.2000, p. 2

L 197
21.07.2001, p. 4
C 342
05.12.2001, p. 5
C 364
20.12.2001, p. 8
C 301
21.10.2000, p. 2

L 197
21.07.2001, p. 4
C 94
01.04.2000, p. 2
C 94
01.04.2000, p. 2
C 104
04.04.2001, p. 5
C 320
09.11.2000, p. 3

L 214
08.08.2001, p. 3

Glyphosate

Anti-circumvention L 127

Magnetic disks (3,5” microdisks)

Expiry review

Malleable cast-iron tube or pipe fittings

Interim review

Peroxodisulphates

Personal fax machines

Expiry review

Interim review

09.05.2001, p. 35
C 322
21.10.1998, p. 4
C 342
05.12.2001, p. 5
C 366
20.12.2000, p. 5
C 184
01.07.2000, p. 26

140

Origin

Product

Type

Publication

Powdered activated carbon

Expiry review

Sulphanilic acid

New investigation

Tube or pipe fittings, of iron or steel

Expiry review

Zinc oxides

New investigation

Croatia

Urea

Prov. duty

New investigation

Prov. duty

Czech Rep.

Malleable cast-iron tube or pipe fittings

Interim review

Tube and pipe fittings, of iron or steel

New investigation

Egypt

Welded tubes and pipes, of iron or non-alloy
steel
Flat-rolled products of iron or non-alloy steel
(hot-rolled coils)
Rubber-grade carbon blacks

Estonia

Urea

New investigation

New investigation

New investigation

New investigation

Prov. duty

Hong Kong

Magnetic disks (3,5” microdisks)

Expiry review

Hungary

India

Flat-rolled products of iron or non-alloy steel
(hot-rolled coils)
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)
Magnetic disks (3,5" microdisks) (AD)

New investigation

Accelerated review C 201

New exporter
review
New investigation

Magnetic disks (3,5" microdisks) (AS)

New investigation

Polyester texturered filament yarn (PTY)

New investigation

C 163
06.06.2001, p. 7
C 190
06.07.2001, p. 2
C 103
03.04.2001, p. 5
C 366
20.12.2000, p. 7

L 248
18.09.2001, p. 17
C 301
21.10.2000, p. 2

L 197
21.07.2001, p. 4
C 342
05.12.2001, p. 5
C 159
01.06.2001, p. 4
C 183
29.06.2001, p. 3
C 364
20.12.2001, p. 5
C 367
21.12.2001, p. 16
C 301
21.10.2000, p. 2

L 197
21.07.2001, p. 4
C 256
09.09.1999, p. 3
C 364
20.12.2001, p. 5

14.07.2000, p. 2
L 231
29.08.2001, p. 3
C 354
13.12.2001, p. 3
C 354
13.12.2001, p. 6
C 315
09.11.2001, p. 2
C 315
09.11.2001, p. 5

New investigation

Newcomer review L 171

26.06.2001, p. 3

Polyester texturered filament yarn (PTY)
(AS)
Polyethylene terephthalate (PET)

141

Origin

Product

Type

Publication

Ringbinder mechanisms

New investigation

Ringbinder mechanisms (AS)

New investigation

Sacks and bags (polyethylene/polypropylene)

Interim review

C 147
18.05.2001, p. 2
C 147
18.05.2001, p. 4
C 26
26.01.2001, p. 2

Stainless steel wire (< 1 mm) (AS)

Accelerated review C 261

15.09.1999, p. 4

Stainless steel wire (= or > 1 mm) (AS)

Accelerated review C 288

Sulphanilic acid

Sulphanilic acid (AS)

Indonesia

Bicycles

Polyester texturered filament yarn (PTY)
(AS)
Polyester texturered filament yarn (PTY)

New investigation

New investigation

Expiry review

New investigation

Expiry review

Ringbinder mechanisms

New investigation

Ringbinder mechanisms (AS)

New investigation

Iran

Japan

Flat-rolled products of iron or non-alloy steel
(hot-rolled coils)
Magnetic disks (3,5” microdisks)

New investigation

Expiry review

Malleable cast-iron tube or pipe fittings

Interim review

Personal fax machines

Korea (Rep. of)

Colour television receivers

Colour television receivers

Interim review

Expiry review

Interim review

Magnetic disks (3,5” microdisks)

Expiry review

Malleable cast-iron tube or pipe fittings

Interim review

Personal fax machines

Interim review

Tube and pipe fittings, of iron or steel

New investigation

Libya

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

New investigation

09.10.1999, p. 45
C 190
06.07.2001, p. 2
C 190
06.07.2001, p. 5
C 110
11.04.2001, p. 6
C 315
09.11.2001, p. 5
C 316
10.11.2001, p. 9
C 147
18.05.2001, p. 2
C 147
18.05.2001, p. 4
C 364
20.12.2001, p. 5
C 322
21.10.1998, p. 4
C 342
05.12.2001, p. 5
C 184
01.07.2000, p. 26
C 94
01.04.2000, p. 2
C 94
01.04.2000, p. 2
C 256
09.09.1999, p. 3
C 342
05.12.2001, p. 5
C 184
01.07.2000, p. 26
C 159
01.06.2001, p. 4
C 364
20.12.2001, p. 5

142

Origin

Product

Type

Publication

Urea

New investigation

Lithuania

Filament yarn of cellulose acetate

New investigation

Urea

New investigation

Prov. duty

Malaysia

Bicycles

Colour television receivers

Colour television receivers

Personal fax machines

Prov. duty

Expiry review

Expiry review

Interim review

Interim review

Norway

Poland

Romania

Tube and pipe fittings, of iron or steel

New investigation

Salmon (AD/AS)

Interim review

Urea and ammonium nitrate solutions

Interim review

Welded tubes and pipes, of iron or non-alloy
steel
Urea

New investigation

New investigation

Russia

Ammonium nitrate

Ammonium nitrate

Prov. duty

Expiry review

Interim review

Grain oriented electrical sheets

Expiry review

Grain oriented electrical sheets

Interim review

Rubber-grade carbon blacks

New investigation

Tube and pipe fittings, of iron or steel

New investigation

Singapore

Colour television receivers

Colour television receivers

Expiry review

Interim review

C 301
21.10.2000, p. 2

L 197
21.07.2001, p. 4
C 364
20.12.2001, p. 3
C 301
21.10.2000, p. 2

L 197
21.07.2001, p. 4
C 110
11.04.2001, p. 6
C 94
01.04.2000, p. 2
C 94
01.04.2000, p. 2
C 184
01.07.2000, p. 26
C 159
01.06.2001, p. 4
C 188
04.07.2001, p. 11
C 288
13.10.2001, p. 2
C 183
29.06.2001, p. 3
C 301
21.10.2000, p. 2

L 197
21.07.2001, p. 4
C 239
23.08.2000, p. 10
C 239
23.08.2000, p. 10
C 53
20.02.2001, P. 13
C 53
20.02.2001, P. 13
C 367
21.12.2001, p. 16
C 159
01.06.2001, p. 4
C 94
01.04.2000, p. 2
C 94
01.04.2000, p. 2

143

Origin

Product

Type

Publication

Personal fax machines

Interim review

Slovakia

Flat-rolled products of iron or non-alloy steel
(hot-rolled coils)
Tube and pipe fittings, of iron or steel

New investigation

New investigation

South Africa

Taiwan

Flat rolled products of iron or non-alloy steel
(hot rolled coils)
Compact disks - recordable (CD-Rs)

Interim review

New investigation

Prov. duty

Magnetic disks (3,5” microdisks)

Expiry review

Personal fax machines

Interim review

Polyester textured filament yarn (PTY)

Expiry review

Thailand

Tube or pipe fittings, of iron or steel
(extension to China)
Bicycles

Colour television receivers

Colour television receivers

Expiry review

Expiry review

Expiry review

Interim review

Malleable cast-iron tube or pipe fittings

Interim review

Personal fax machines

Interim review

Polyester texturered filament yarn (PTY)

Expiry review

Tube or pipe fittings, of iron or steel

Expiry review

Tube or pipe fittings, of iron or steel

Interim review

Welded tubes and pipes, of iron or non-alloy
steel
Flat-rolled products of iron or non-alloy steel
(hot-rolled coils)
Welded tubes and pipes, of iron or non-alloy
steel
Urea

New investigation

New investigation

New investigation

New investigation

Prov. duty

Turkey

Ukraine

C 184
01.07.2000, p. 26
C 364
20.12.2001, p. 5
C 159
01.06.2001, p. 4
C 364
20.12.2001, p. 8
C 102
31.03.2001, p. 2

L 334
18.12.2001, p. 8
C 322
21.10.1998, p. 4
C 184
01.07.2000, p. 26
C 170
14.06.2001, p. 2
C 103
03.04.2001, p. 5
C 110
11.04.2001, p. 6
C 94
01.04.2000, p. 2
C 94
01.04.2000, p. 2
C 342
05.12.2001, p. 5
C 184
01.07.2000, p. 26
C 316
10.11.2001, p. 9
C 103
03.04.2001, p. 5
C 103
03.04.2001, p. 5
C 183
29.06.2001, p. 3
C 364
20.12.2001, p. 5
C 183
29.06.2001, p. 3
C 301
21.10.2000, p. 2

L 197
21.07.2001, p. 4

144

Origin

Product

Type

Publication

USA

Welded tubes and pipes, of iron or non-alloy
steel
Filament yarn of cellulose acetate

New investigation

New investigation

Polysulphide polymers

Interim review

C 183
29.06.2001, p. 3
C 364
20.12.2001, p. 3
C 280
04.10.2001, p. 5

145

ANNEX S

Refunds during the period 1 January - 31 December 2001

LODGED

PRODUCT

ORIGIN

REFERENCE

Wooden pallets

Bed linen

Leather handbags

Leather handbags

Leather handbags

Leather handbags

Malleable tube and pipe fittings

Poland

Pakistan

PR China

PR China

PR China

PR China

Japan

R15/03

R16/02

R17/04

R17/05

R17/06

R17/07

R22/01

ONGOING ANALYSES

PRODUCT

ORIGIN

REFERENCE

Iron & steel sheets

Wooden pallets

Wooden pallets

Bed linen

Leather handbags

Leather handbags

Leather handbags

FYROM

Poland

Poland

India

PR China

PR China

PR China

R1/01

R15/01

R15/02

R16/01

R17/03

R17/04

R17/07

DECISIONS ADOPTED

PRODUCT

ORIGIN

DECISION

REFERENCE

Leather handbags

Synthetic rope

Stainless steel fasteners

PR China

No refund

R17/02

India

Partial refund R20/01

PR China

Partial refund R21/01

146

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 2001

Court of Justice

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 C-76/01P

Eurocoton & Council (Appeal T-213/97)

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-340/99

Arne Mathisen AS v. Council

Case T-89/00

Europe ChemiCon GmbH v. Council

Case T-177/00

Philips v. Council

Case T-35/01

Shanghai Teraoka v. Council

Case T-132/01

Euroalliages v. Commission

Case T-255/01

Changzhou Hailong Electronics & Yankon v. Council

147

B.

Judgments, orders and other decisions rendered by the Court of Justice and the Court
of First Instance of the European Communities during 2001

Court of Justice

Case C-239/99

Nachi Europe v. Hauptzollamt Krefeld (Preliminary ruling)

Case C-76/98 & C-77/98P

Nutrasweet/Ajinomoto & Council (Appeal T-159 & 160/94)

Case C-404/01P

Euroalliages v. Commission (Appeal T-132/01R)

Case T-188/99

Euroalliages v. Commission

Court of First Instance

Case T-82/00

Case T-58/99

Bic SA, Flamagaz SA, Swedish Match SA v. Council

Munkand v. Council

Case T-132/01 R

Euroalliages v. Commission

Case T-226/00 & 227/00

Far Eastern Textiles Ltd. & Nan Ya Plastics Corp. v. Council

148

ANNEX U

Anti-dumping and anti-subsidy investigations of third countries

concerning imports from the Community or its Member States

A.

Anti-dumping investigations (sorted by date of imposition))

Anti-dumping measures in force at the beginning of 2001

Country

Product

Member states
concerned

Date of imposition

Pressure sensitive plastic tape

Italy

Sugar

Belgium, France,
Germany

21 October 1977

13 June 1979

Anhydrous sodium metasilicate

France

7 January 1981

Brass sheet & strip

France, Germany, Italy

6 March 1981

Sorbitol

Industrial nitrocellulose

France

France

Granular polytetrafluorenthylene

Italy

Antifriction bearings

Industrial nitrocellulose

Sulfur chelicals

France, Germany, Italy,
UK

Germany, UK

Germany, UK

Italy

France

AUSTRALIA

Canned Tomatoes

AUSTRALIA

Polyvinyl Chloride

Cut-to-length carbon steel plate

Belgium, Finland, Spain,
Sweden, UK, Germany

Corrosion resistant carbon steel flat
products

Stainless steel wire rod

France, Germany

19 August 1993

AUSTRALIA

A4 Copy paper

France

Germany

Italy

Spain

Grain-oriented electrical steel

Stainless steel bar

Seamless line and pressure pipe

Germany, Italy

SOUTH AFRICA PVCcling film

USA

USA

Certain pasta

Large newspaper printing presses
and components

PHILIPPINES

Newsprint

MALAYSIA

Paper self copy

France

Italy

Germany

EU

EU

9 April 1982

10 August 1983

30 August 1988

15 May 1989

10 July 1990

19 February 1991

29 April 1992

21 October 1992

19 August 1993

28 January 1994

17 February 1994

12 August 1994

2 March 1995

3 August 1995

5 July 1996

24 July 1996

4 September 1996

26 December 1996

20 April 1997

USA

USA

USA

USA

USA

USA

USA

USA

USA

USA

USA

USA

USA

USA

USA

USA

KOREA

Electric Shavers

Germany, the Netherlands

17 May 1997

149

Member states
concerned

Date of imposition

Germany

30 July 1997

Country

Product

INDIA

Acrylonitrile butadiene rubber
(ABR)

SOUTH AFRICA Circuit breakers

SOUTH AFRICA Calcium Acetate

SOUTH AFRICA Acrylic fibers

INDIA

Catalysts (6ppd)

SOUTH AFRICA Paper woodfree

SOUTH AFRICA Glass Microspheres

NEW ZEALAND Canned Peaches

KOREA

Carbonless self-Copy paper

France, Italy

The Netherlands

Portugal

Denmark

Sweden

Austria, UK

Greece

Germany

8 August 1997

10 October 1997

24 December 1997

2 February 1998

13 February 1998

27 February 1998

9 March 1998

10 March 1998

3 April 1998

5 May 1998

MALAYSIA

Paper corrugating medium

EU

INDIA

Graphite Electrodes

Spain, Italy, Germany,
Austria, France, Belgium

AUSTRALIA

Paper woodfree coated (90-150 gr) Austria, Finland,

9 May 1998

Germany

PHILIPPINES

Magnesite based refractory bricks Germany

COLOMBIA

Orthophosphoric Acid

MEXICO

Sorbitol UPS grade

USA

Oil country tubular goods

Belgium

France

Italy

AUSTRALIA

Paper woodfree coated (75-150 gr) Finland

ARGENTINA

Twist drills

USA

USA

Stainless steel wire rod

Stainless steel wire rod

Italy

Italy ,Spain

Sweden

ISRAEL

Woven pile weather stripping

Spain, UK

AUSTRALIA

Wound skin closure strips

France

9 June 1998

13 July 1998

28 July 1998

11 August 1998

10 September 1998

11 September 1998

15 September 1998

15 September 1998

15 November 1998

17 December 1998

INDIA

Acrylic fibers I

Italy, Spain, Portugal

22 January 1999

AUSTRALIA

Woven Polypropilene

Belgium, UK

INDIA

PTBC

AUSTRALIA

A4 Copy paper

CANADA

Stainless Steel round bar

SOUTH AFRICA Hypodermic syringes

SOUTH AFRICA Hypodermic needles

CANADA

CANADA

Cigarette tubes

Steel plate

VENEZUELA

Syringes

France

Finland

UK, Spain, Italy,
Germany, France, Sweden

Belgium, Ireland,
Germany, Spain

Belgium, Germany,
Spain, Ireland

France

Spain, Italy

Italy

USA

Stainless steel plate in coils

Belgium, Italy

28 January 1999

2 February 1999

20 February 1999

4 March 1999

12 March 1999

12 March 1999

12 April 1999

17 May 1999

14 May 1999

21 May 1999

150

Country

Product

Member states
concerned

Date of imposition

France

Germany

UK

Belgium

EU

EU

Belgium

Italy

Italy

UK

Germany

SOUTH AFRICA Acetaminophenol

Polycarbonates

Stainless steel sheet and strip in
coils

France, Germany, Italy,
UK

BRAZIL

USA

BRAZIL

CANADA

MEXICO

EGYPT

Sodium Tripoliphosphate

Cold-rolled Steel sheet

Crystal polystyrene

Tires for motor cars

COLOMBIA

Coffe grade Fertilizers

ARGENTINA

Ceramic floor tiles

COLOMBIA

Tin plate

The Netherlands

CANADA

Corrosion-resistant steel sheet

Germany

USA

USA

Cut-to-length carbon quality steel
flat products

France

Cut-to-length carbon steel plate

NEW ZEALAND G-Clamps

SOUTH AFRICA Cable super tension

INDIA

BRAZIL

Thermosensitive paper (TSP)

EU

Hydroethylcellulose

The Netherlands

SOUTH AFRICA Surgical Sutures

Germany

BRAZIL

INDIA

MEXICO

INDIA

INDIA

CANADA

INDIA

Cold-rolled stainless steel

France, Spain

Purified Therephtalic Acid (PTA)

Spain

Parathion Methyl

Sodium Cyanide

Seamless tubes

Hot rolled carbon steel

Iso Butanol(1)
2-Ethyl Hexanol(2)
other Oxo Alcohols(3)

Denmark

EU

Austria

Finland

EU

CANADA

Hot rolled Steel Sheet

France

SOUTH AFRICA Disponsable hypothermic syringes Germany

INDIA

Vitamin C

CZECH REP

Salt

EU

Germany

SOUTH AFRICA Glass Microspheres

France, Germany

CANADA

Refined Sugar

Denmark, Germany, the
Netherlands, UK

18 June 1999

26 July 1999

27 July 1999

5 August 1999

27 August 1999

23 September 1999

4 October 1999

6 October 1999

17 November 1999

3 December 1999

20 January 2000

10 February 2000

10 February 2000

11 February 2000

31 March 2000

6 April 2000

19 April 2000

12 May 2000

26 May 2000

30 May 2000

31 May 2000

6 June 2000

21 June 2000

27 June 2000

18 August 2000

5 September 2000

8 September 2000

15 September 2000

11 October 2000

13 October 2000

6 November 2000

ARGENTINA

Coated paper and paperboard

Austria, Spain, Sweden

23 November 2000

INDIA

KOREA

Photographic Paper

UK, France

21 December 2000

Electronic smoothing irons

France

151

EGYPT

BRAZIL

USA

INDIA

CHINA

27 September 2000

27 September 2000

27 October 2000

13 November 2000

5 December 2000

20 December 2000

Anti-dumping initiations prior to 2001 and pending end 2001

Country

Product

Member states
concerned

Date of initiation

SOUTH AFRICA Copper tubing

UK

SOUTH AFRICA Coated paperboard

Spain, Austria, the
Netherlands, Germany

SOUTH AFRICA Aluminium stranded wire

INDONESIA

Wheat Flour

France

EU

USA

Steel Concrete reinforcing bars

Austria

6 September 1996

27 March 1997

30 April 1999

22 March 2000

25 July 2000

SOUTH AFRICA PVC Based roll goods

Germany, the Netherlands

25 August 2000

ARGENTINA

Washing machines

Italy

29 August 2000

SOUTH AFRICA Ropes & cables of iron or steel

Germany, Spain, UK

22 September 2000

ARGENTINA

Steel granules

Carbon Black

Canned peaches

Spain

Italy

Greece

Hot –rolled steel products

The Netherlands

Choline Chloride

Methylene Chloride

EU

UK, France, Germany, the
Netherlands

INDIA

High Styrene Butadiene –HSR

EU

20 December 2000

152

Anti-dumping initiations in 2001

Country

Product

USA

USA

Low Enriched Uranium

Stainless Steel Bars

ARGENTINA

Saw blade

INDIA

ISRAEL

Vitamin AD 500/100

Hydrogenperoxid

Member states
concerned

Date of initiation

Germany, France, the
Netherlands, UK

Germany, France, Italy,
UK

UK

EU

Belgium, Germany, the
Netherlands

5 January 2001

20 January 2001

26 February 2001

9 March 2001

26 March 2001

BRAZIL

Phenol

Belgium, Germany

19 April 2001

SOUTH AFRICA White Self Copy Paper

Belgium, Germany, UK

26 April 2001

USA

INDIA

INDIA

INDIA

INDIA

INDIA

INDIA

EGYPT

USA

Structural Steel Beams

Germany, Italy, Spain,
Luxembourg

Vitamin AB2D3K

Cold rolled flat products of
Stainless Steel

EU

EU

Acrylic fiber (below 1.5 denier)

Italy

Acrylic Fiber

Poly Iso Butylene

Flexible slabstock polyol

Denmark, UK

EU

EU

Lamps (Electric filament)

Italy, Spain

Cold rolled Carbon steel flat
products

24 May 2001

2 July 2001

21 August 2001

28 August 2001

28 August 2001

12 September 2001

21 September 2001

24 September 2001

18 October 2001

2 November 2001

2 November 2001

9 November 2001

13 November 2001

21 November 2001

7 December 2001

Belgium, France,
Germany, the
Netherlands, Spain,
Sweden

Belgium, Germany,
Finland, Greece, Italy, the
Netherlands

EU

Sweden

Portugal

EU

Belgium, Germany, The
Netherlands

TURKEY

Polyvinyl chloride (PVC)

INDIA

Sodium Nitrate

AUSTRALIA

Polyvinyl chloride (PVC)

USA

INDIA

CHINA

Sulfanilic Acid

Iso prophy Alcohol

Caprolactam

153

Definitive anti-dumping measures imposed in 2001

Country

Product

Member states
concerned

Date of imposition

Insulin Products

France, Denmark

BRAZIL

USA

BRAZIL

INDIA

Stainless steel butt-weld pipe
fittings

Milk Powder

Hydroxyl Amine Sulphate

INDONESIA

Sorbitol

BRAZIL

Méthyl métacrylate

INDIA

Sodium Ferro Cyanide

AUSTRALIA

Caravan Airco

INDIA

USA

INDIA

INDIA

Caustic Soda

Stainless Steel Angle

Aniline

Theophilline & Caffeine

Italy

EU

EU

EU

France, Germany, Spain,
UK

EU

Italy

France

Spain

EU

EU

12 February 2001

23 February 2001

23 February 2001

1 March 2001

12 March 2001

14 March 2001

16 April 2001

20 April 2001

14 May 2001

18 May 2001

28 May 2001

26 June 2001

31 July 2001

ARGENTINA

Steel disc for agricultural machine Spain

USA

Certain hot-rolled carbon steel flat
products

The Netherlands

29 November 2001

154

Provisional anti-dumping measures imposed in 2001

Country

Product

Member states
concerned

Date of imposition

INDIA

INDIA

USA

INDIA

CHINA

Choline Chloride

High Styrene Butadiene HSR

Low Enriched Uranium

Vitamin AD 500/100

Methylene Chloride

EU

EU

Germany, France, the
Netherlands, UK

EU

UK, France, Germany, the
Netherlands

INDIA

Vitamin AB2D3K

EU

SOUTH AFRICA PVC based roll goods

ARGENTINA

Steel granules

INDIA

Cold-rolled flat products of
Stainless Steel

The Netherlands,
Germany

Spain

EU

B.

Anti-subsidy investigations (sorted by date of imposition)

22 February 2001

13 March 2001

7 July 2001

11 July 2001

16 August 2001

25 September 2001

9 November 2001

12 November 2001

29 November 2001

Anti-subsidy measures in force at the beginning of 2001

Country

Product

Member states
concerned

Date of imposition

USA

Sugar

EU

31 July 1978

CANADA

Canned Ham

Denmark, the Netherlands

7 August 1984

USA

Brass sheet and strip

AUSTRALIA

Bulk Brandy

AUSTRALIA

Canned peaches

AUSTRALIA

Cherries glacés

AUSTRALIA

Canned tomatoes

USA

USA

USA

USA

Carbon steel flat products

Grain-oriented electrical steel

Seamless line and pressure pipe

Oil country tubular goods

CANADA

Refined Sugar

ARGENTINA

Canned Peaches

USA

Certain pasta

VENEZUELA

Blue-veined cheese

France

France

Greece

France, Italy

Italy

Belgium, Germany,
France, Sweden, Spain,
UK

Italy

Italy

Italy

EU

EU

Italy

EU

6 March 1987

27 February 1990

19 February 1992

8 April 1992

29 April 1992

17 August 1993

7 June 1994

8 August 1995

10 August 1995

6 November 1995

9 January 1996

24 July 1996

7 January 1997

155

Country

Product

Member states
concerned

Date of imposition

VENEZUELA

Semi-hard cheese

VENEZUELA

Gruyère-tipe cheese

NEW ZEALAND Canned peaches

ARGENTINA

Olive Oil

ARGENTINA

Wheat Gluten

EU

EU

Greece

EU

EU

Italy

EU

France, Italy

7 January 1997

7 January 1997

9 March 1998

25 June 1998

22 July 1998

15 September 1998

11 May 1999

3 June 1999

6 August 1999

Stainless steel wire rod

Stainless steel plate in coils

Belgium, Italy

MEXICO

Frozen Beef

Stainless steel sheet and strip in
coils

USA

USA

USA

USA

Cut-to-length carbon steel plate

France, Italy

2 October 2000

Anti-subsidy initiations prior to 2001 and pending end 2001

Country

Product

USA

Low-enriched Uranium

Member states
concerned

France, Germany, the
Netherlands, UK

Date of initiation

26 December 2000

Anti-subsidy initiations in 2001

Country

Product

Member states
concerned

Date of initiation

USA

USA

USA

Stainless steel Bar

Italy

Carbon and Alloy Steel Wire Rod Germany

Cold rolled carbon steel flat
products

France

25 January 2001

25 September 2001

18 October 2001

Definitive anti-subsidy measures imposed in 2001

Country

Product

Member states
concerned

Date of imposition

AUSTRALIA

Bottled Brandy

France

27 June 2001

Provisional anti-subsidy measures imposed in 2001

Country

Product

USA

Low Enriched Uranium

Member states
concerned

France, Germany, the
Netherlands, UK

Date of imposition

5 August 2001

156

ANNEX V

Third country safeguard actions during 2001
(sorted by date of imposition)

Safeguard measures in force at the beginning of 2001

Country

Product

Member states
concerned

Date of imposition

BRAZIL

Toys

ARGENTINA

Footwear (sport footwear)

INDIA

USA

CZECH REP

POLAND

Phenol

Lamb

Sugar

Yogurt

CHILE

CHILE

CHILE

INDIA

USA

USA

Wheat and wheat Flour

Sugar

Edible Vegetable Oils

Acetone

Line pipe

Steel wire rod

UKRAINE

Polyurethane Products

RUSSIA

RUSSIA

KOREA

CHILE

Sugar

Glucose

Garlic

Socks

EU

EU

EU

EU

EU

EU

EU

EU

EU

EU

EU

EU

EU

EU

EU

EU

EU

18 June 1996

25 January 1997

30 June 1999

7 July 1999

15 September 1999

17 September 1999

22 January 2000

22 January 2000

22 January 2000

27 January 2000

1 March 2000

1 March 2000

March 2000

1 April 2000

16 April 2000

1 June 2000

8 November 2000

Safeguard initiations prior to 2001 and pending end 2001

Country

Product

Member states
concerned

Date of initiation

KOREA

ECUADOR

ECUADOR

Dairy

Sandals

Matches

VENEZUELA

Tyres

INDIA

INDIA

JAPAN

JAPAN

JAPAN

Iron Oxide

Methylene Chloride

Tatami-omote

Welsh onion

Shitake Mushrooms

EU

EU

EU

EU

EU

EU

EU

EU

EU

157

28 May 1996

12 January 1999

28 October 1999

8 March 2000

6 July 2000

17 July 2000

22 December 2000

22 December 2000

22 December 2000

Safeguard initiations in 2001

Country

Product

Member states
concerned

Date of initiation

POLAND

RUSSIA

Potassium nitrate

Refrigerator Parts

PHILIPPINES

Ceramic Tiles

CZECH REP

Textiles

CZECH REP

Steel Pipes

USA

BRAZIL

CHILE

Global Steel

Coconuts

Gas-fulled Pocket lighters

VENEZUELA

Paper and paperboard

BULGARIA

Crown Corks

VENEZUELA

U sections of iron

CZECH REP

Cocoa Power

EU

EU

EU

EU

EU

EU

EU

EU

EU

EU

EU

EU

5 January 2001

20 April 2001

22 May 2001

13 June 2001

27 June 2001

3 July 2001

10 August 2001

31 August 2001

16 October 2001

25 October 2001

1 November 2001

15 November 2001

Definitive safeguard measures imposed in 2001

Country

Product

Member states
concerned

Date of imposition

CHILE

Milk Powder

MOROCCO

Bananas

EGYPT

Milk powder

SLOVAKIA

Cane or beat sugar

RUSSIA

UKRAINE

UKRAINE

Starch

Fire-resistant bricks

Disponsable syringes

ARGENTINA

Motorcycles

CZECH REP

Sugar subsitute

ARGENTINA

Canned peaches

JORDAN

RUSSIA

Sweetened Biscuits

Caramels

EU

EU

EU

EU

EU

EU

EU

EU

EU

EU

EU

EU

10 January 2001

21 February 2001

12 April 2001

1 May 2001

25 May 2001

5 June 2001

8 June 2001

22 June 2001

26 July 2001

8 August 2001

1 September 2001

21 December 2001

158

Safeguard measures repealed in 2001

Country

Product

Member states
concerned

Date of imposition

USA

Lamb

EU

15 November 2001

Provisional safeguard measures imposed in 2001

Country

Product

Member states
concerned

Date of imposition

PHILIPPINES

Ceramic Tiles

EU

26 November 2001

159