Twenty-first annual Report from the Commission to the European Parliament on the Community's anti-dumping, anti-subsidy and safeguard activities - Overview of the monitoring of third country anti-dumping, anti-subsidy and safeguard cases (2002)
Date: 2003-08-07
Institutions: European Commission
Subjects: Dispute Settlement Body, activity report, anti-dumping legislation, anti-subsidy proceeding, commercial arbitration, common commercial policy, common tariff policy, protective clause, trade dispute

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 7.8.2003
COM(2003) 481 final

TWENTY-FIRST ANNUAL REPORT FROM THE COMMISSION
TO THE EUROPEAN PARLIAMENT

ON THE COMMUNITY'S ANTI-DUMPING, ANTI-SUBSIDY AND
SAFEGUARD ACTIVITIES
__________________________

OVERVIEW OF THE MONITORING OF THIRD COUNTRY ANTI-DUMPING,
ANTI-SUBSIDY AND SAFEGUARD CASES

(2002)

TWENTY-FIRST ANNUAL REPORT FROM THE COMMISSION
TO THE EUROPEAN PARLIAMENT

ON THE COMMUNITY'S ANTI-DUMPING, ANTI-SUBSIDY AND
SAFEGUARD ACTIVITIES
__________________________

OVERVIEW OF THE MONITORING OF THIRD COUNTRY ANTI-DUMPING,
ANTI-SUBSIDY AND SAFEGUARD CASES

(2002)

CONTENTS  

Executive summary .................................................................................................................... 9

1.

Overview of the legislation ........................................................................................ 11

1.1.

Anti-dumping and anti-subsidy.................................................................................. 11

1.1.1.

The international framework...................................................................................... 11

1.1.2.

The Community legislation........................................................................................ 11

1.1.2.1. The legislation covered by the Treaty establishing the European Community ......... 11

1.1.2.2. The legislation covered by the Treaty establishing the European Coal and Steel

Community (ECSC Treaty)........................................................................................ 12

1.1.3. Changes to the Community legislation in 2002 ......................................................... 12

1.1.3.1. Changes to the anti-dumping basic Regulation.......................................................... 12

1.1.3.2. Changes to the anti-subsidy basic Regulation............................................................ 13

1.2.

Safeguards .................................................................................................................. 13

1.2.1.

The international framework...................................................................................... 13

1.2.2.

The Community legislation........................................................................................ 14

1.2.3.

Proposal for a Regulation on safeguards and phasing out of certain quotas for imports
originating in the People's Republic of China............................................................ 14

1.3.

Anti-subsidy and unfair pricing instrument for airline services................................. 15

2.

BASIC CONCEPTS .................................................................................................. 16

2.1.

Anti-dumping and anti-subsidy.................................................................................. 16

2.1.1. What is dumping and what are countervailable subsidies - the material conditions for
the imposition of duties.............................................................................................. 16

2

2.1.1.1. Dumping and subsidies .............................................................................................. 16

2.1.1.2. Material injury and causation..................................................................................... 16

2.1.1.3. Community interest.................................................................................................... 17

2.1.2.

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

2.2.

Safeguards .................................................................................................................. 19

2.2.1. What are safeguard measures..................................................................................... 19

2.2.2.

Procedure.................................................................................................................... 19

3.

4.

5.

5.1.

5.2.

6.

The Trade Defence Instruments' services .................................................................. 21

Co-operation with the European Parliament .............................................................. 21

General overview of anti-dumping and anti-subsidy investigations and measures ... 22

New investigations ..................................................................................................... 22

Review investigations ................................................................................................ 23

Overview of activities in 2002 ................................................................................... 25

6.1.

New investigations ..................................................................................................... 25

6.1.1.

Initiations ................................................................................................................... 25

6.1.2.

Provisional measures.................................................................................................. 26

6.1.3. Definitive measures.................................................................................................... 27

6.1.3.1. Overview .................................................................................................................... 27

6.1.4.

Investigations terminated without measures .............................................................. 33

6.2.

Review investigations ................................................................................................ 34

6.2.1.

Expiry reviews ........................................................................................................... 34

6.2.1.1. Initiations ................................................................................................................... 34

6.2.1.2. Reviews concluded with confirmation of duty(ies) ................................................... 35

6.2.1.3. Details on some individual cases (in chronological order) ........................................ 36

6.2.1.4. Reviews concluded by termination ............................................................................ 37

6.2.1.5. Details on some individual cases (in chronological order) ........................................ 38

6.2.2.

Interim reviews........................................................................................................... 38

6.2.3. Other" interim" reviews ............................................................................................. 40

6.2.4. New exporter reviews ................................................................................................ 40

6.2.5. Absorption investigations .......................................................................................... 41

6.2.6. Circumvention investigations .................................................................................... 41

3

6.3.

Safeguard investigations ............................................................................................ 42

6.3.1.

Safeguard on steel products ....................................................................................... 42

7.

8.

9.

9.1.

9.2.

9.3.

9.4.

Monitoring of undertakings ....................................................................................... 45

Refunds ...................................................................................................................... 46

Judicial review : decisions by the Court of Justice / Court of First Instance ............. 48

Overview of the judicial reviews in 2002 .................................................................. 48

Cases pending ............................................................................................................ 48

New cases................................................................................................................... 48

Judgments rendered by the Court of First Instance.................................................... 48

9.4.1. Certain footwear with textile uppers originating, inter alia, in the People's Republic

of China...................................................................................................................... 49

9.4.2.

Farmed Atlantic salmon originating in Norway......................................................... 49

9.4.3. DRAMs originating in Japan ..................................................................................... 50

9.4.4. Certain electrolytic aluminium capacitors originating in Japan, Korea and Taiwan . 50

9.4.5.

Stainless steel fasteners originating , inter alia, in India ............................................ 51

9.5.

Order rendered by the Court of First Instance ........................................................... 52

9.5.1.

Ferro-silicon originating in China, Kazakhstan, Russia and Ukraine........................ 52

10.

Anti-dumping and anti-subsidy investigations of third countries concerning imports
from the Community or its Member States................................................................ 52

10.1.

Anti-dumping cases against the Community or its Member States ........................... 52

10.1.1. Overview .................................................................................................................... 52

10.1.2. Details on some individual cases ............................................................................... 54

10.1.2.1.USA - Low enriched uranium from France, Germany, the Netherlands and the UK 54

10.1.2.2.USA - Stainless steel bars from France, Germany, Italy and the UK........................ 54

10.1.2.3.USA - Cold-rolled steel from Belgium, France, Germany, the Netherlands, Spain and
Sweden ....................................................................................................................... 55

10.1.2.4.USA - Structural steel beams from Germany, Italy, Luxembourg and Spain............ 56

10.1.2.5.India - Cold rolled flat products of stainless steel from the Community................... 56

10.1.2.6.India - Hot-rolled coils, sheets and plates from the Community ............................... 56

10.1.2.7.India - Catalysts from Denmark................................................................................. 57

10.1.2.8.Turkey - Polyvinyl chloride from Belgium, Finland, Germany, Greece, Italy and the

Netherlands ................................................................................................................ 57

10.1.2.9.China - Catechol from the Community...................................................................... 58

4

10.1.2.10.

China - Caprolactam from Belgium, Germany and the Netherlands ............ 58

10.1.2.11.

Thailand - Flat cold-rolled steel from the Community.................................. 58

10.1.2.12.

South Africa - Self-copy paper from Belgium, Germany and the United
Kingdom..................................................................................................................... 59

10.1.2.13.

Andean Community - Sorbitol from France.................................................. 59

10.1.2.14.

USA - Oil country tubular goods (OCTG) from Austria, France and Germany60

10.1.2.15.

India - X-ray baggage inspection multi energy systems (XBIS) from the
Community................................................................................................................. 60

10.2.

Anti-subsidy cases against the Community or its Member States ............................. 60

10.2.1. Overview .................................................................................................................... 60

10.2.2. Details on some individual cases ............................................................................... 61

10.2.2.1.USA - Low enriched uranium from France, Germany, the Netherlands and the

United Kingdom (See anti-dumping case)................................................................. 61

10.2.2.2.USA - Stainless steel bars from Italy (See anti-dumping case) ................................. 62

10.2.2.3.USA - Carbon and alloy wire rod from Germany...................................................... 62

10.2.2.4.Australia - Canned tomatoes from Italy..................................................................... 63

10.2.2.5.Peru - Olive oil from the Community ........................................................................ 64

10.2.2.6.USA - Cold-rolled carbon steel products from France .............................................. 64

10.2.2.7.USA - Oil country tubular goods from Austria.......................................................... 64

11.

Safeguard measures concerning the Community....................................................... 65

11.1.

Overview .................................................................................................................... 65

11.2.

Details on some individual cases ............................................................................... 67

11.2.1. United States, China, Poland, Hungary, Czech Republic and Canada - Steel ........... 67

11.2.2. Russia - Ball bearings from the Community.............................................................. 69

11.2.3. Russia - Wallpaper from the Community .................................................................. 69

11.2.4. Czech Republic - Steel pipes from the Community................................................... 70

11.2.5. Ukraine - Instant Coffee from the Community.......................................................... 70

11.2.6. Poland - Water Heaters from the Community............................................................ 71

12.

Activities in the framework of the World Trade Organization (WTO) ..................... 71

12.1.

Dispute settlement in the field of anti-dumping, anti-subsidy and safeguards .......... 71

12.1.1. Overview of the WTO dispute settlement procedure................................................. 71

12.1.2. Dispute settlement procedures initiated by the Community ...................................... 71

5

12.1.2.1.USA - Privatisation methodology (countervailing duties) (DS212) .......................... 71

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

from Germany (DS213) ............................................................................................. 72

12.1.2.3.USA - The Dumping and Subsidisation Offset Act (DS217/234) ............................. 73

12.1.2.4.Argentina - ceramic floor tiles (DS189)..................................................................... 73

12.1.2.5.USA - steel (201 safeguard) (DS248) ........................................................................ 74

12.1.2.6.Argentina - canned peaches (DS238)......................................................................... 75

12.1.2.7.USA – Safeguard measures on circular welded carbon quality line pipe (DS 202/214)75

12.1.2.8.USA – Cut-to-length plate from Germany and corrosion-resistant carbon steel flat

products from Germany and France (DS262)............................................................ 76

12.1.3. Dispute settlement procedures initiated by third countries against the Community.. 77

12.1.3.1.India - anti-dumping duties on imports of cotton-type bed linen............................... 77

12.1.3.2.Brazil - anti-dumping duties on malleable cast iron tube or pipe fittings.................. 77

12.2.

Other WTO activities ................................................................................................. 78

13.

Conclusion ................................................................................................................. 79

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 2002
A. Anti-dumping investigations
B. Anti-subsidy investigations

New investigations initiated
A. by product sector during the period 1998 – 2002 (31 December)
B. by country of export during the period 1998 – 2002 (31 December)

New  investigations  concluded  by  the  imposition  of  provisional  duties  during  the
period 1 January - 31 December 2002
A. Anti-dumping investigations
B. Anti-subsidy investigations

New investigations concluded by the imposition of definitive duties during the period
1 January - 31 December 2002
A. Anti-dumping investigations
B. Anti-subsidy investigations

New  investigations  terminated  without  imposition  of  measures  during  the  period
1 January - 31 December 2002
A. Anti-dumping investigations
B. Anti-subsidy investigations

Expiry  reviews  initiated  or  concluded  during  the  period  1  January  –  31  December
2002

Interim  reviews  initiated  or  concluded  during  the  period  1  January  –  31  December
2002

ANNEX H

Other reviews concluded during the period 1 January - 31 December 2002

ANNEX I

ANNEX J

ANNEX K

ANNEX L

New  exporter  reviews  initiated  or  concluded  during  the  period  1  January  –
31 December 2002
A. Anti-dumping investigations
B. Anti-subsidy investigations (accelerated reviews)

Anti-absorption  investigations  initiated  or  concluded  during  the  period  1 January  -
31 December 2002

Anti-circumvention investigations initiated or concluded during the period 1 January
31 December 2002

Safeguard  investigations  initiated  or  concluded  during  the  period  1  January  -  31
December 2002

ANNEX M

Undertakings accepted or repealed during the period 1 January – 31 December 2002

ANNEX N

Measures which expired during the period 1 January - 31 December 2002

ANNEX O

Definitive anti-dumping measures in force on 31 December 2002
A. Ranked by product
B. Ranked by country

7

ANNEX P

ANNEX Q

ANNEX R

Definitive anti-subsidy measures in force on 31 December 2002
A. Ranked by product
B. Ranked by country

Undertakings in force on 31 December 2002
A. Ranked by product
B. Ranked by country

Anti-dumping & anti-subsidy investigations pending on 31 December 2002 :
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 2002

ANNEXT

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

the European Communities on 31 December 2002

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

Court of First Instance of the European Communities during 2002

ANNEX U

Anti-dumping and anti-subsidy investigations  of  third  countries  concerning  imports
from the Community or its Member States during 2002
A. Anti-dumping investigations
B. Anti-subsidy investigations

ANNEX V

Third country safeguard actions during 2002

8

EXECUTIVE SUMMARY

This report is submitted to the European Parliament following its resolution of 16 December
1981  on  the  Community’s  anti-dumping  activities1,  and  the  report  of  the  European
Parliament’s Committee on industry, external trade, research and energy2.

Moreover, the European Parliament adopted a report prepared by MEP  Michel  Hansenne in
October 2002, based on the Commission's 19th Annual Report. Generally, the Parliament was
supportive of the application of the anti-dumping instrument by the Community and brought
forward  suggestions  to  improve  the  present  situation  in  some  selected  areas.  Further  details
are given under heading 4.

This 2002 report also gives an overview of the Community legislation in force with regard to
trade defence instruments. This chapter covers, inter alia, the adoption by the Council in 2002
of transitional provisions to be applied to products falling under the application of the ECSC
Treaty. As the ECSC Treaty expired on 23 July 2002, it was necessary to specify that now all
pending  investigations,  complaints  and  applications  submitted  pursant  to  the  former  ECSC
legislation and all measures adopted under this legislation would be covered by the basic anti-
dumping and anti-subsidy Regulations.

Furthermore, the Commission introduced two proposals amending the basic anti-dumping and
anti-subsidy  Regulations,  which  were  adopted  by  the  Council  on  5  November  2002.  The
amendments consist, inter alia, of the recognition of Russia as a market economy country.

The report further summarises the developments in general policy. As last year, the report no
longer  contains  a  commentary  on  each  individual  case.  It  gives  an  overview  of  all
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 2002.

As regards the 2002 activities, a total of 33 new investigations were concluded, of which 28
by the imposition of definitive anti-dumping or countervailing measures and 5 by termination.
In a further 17 investigations, provisional measures were imposed.

As regards the expiry review investigations, 13 investigations were initiated and 6 terminated.
In  12  cases,  the  investigations  were  concluded  with  confirmation  of  the  duty.  As  for  the
interim  review  investigations,  36  were  initiated,  10  terminated  and  9  concluded  with
confirmation or amendment of the duty. Of the 36 initiations, however, 15 concerned partial
interim reviews of a specific type, namely limited to the form of the existing measures which
did not appear sufficient to counteract the dumping which has caused injury and/or which did
not  cater  for  situations  in  which  imported  goods  had  been  damaged  before  entry  into  free
circulation.

1

2

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

9

                                                
It should be noted that this version of the report has been extended to include the safeguard
activities. This subject was only briefly mentioned in previous reports since the Community
had  not  adopted  any  safeguard  measures  since  the  entry  into  force  of  the  1994  WTO
Agreement.  In  2002,  however,  the  Community  adopted  such  measures  vis-à-vis  steel
products. In particular, definitive safeguard measures were  imposed  on  7  steel  products; the
investigation  concerning  11  other  steel  products  was  terminated.  Three  products  were  still
being investigated at the end of 2002 but the investigations were terminated at the beginning
of 2003.

As in previous years, this issue continues to provide an overview on the Court cases relating
to the trade policy instruments. During 2002, five Judgments and one Order were rendered by
the Court of First Instance (CFI). 2002 can be considered a very successful year in terms of
defending  trade  defence  actions  before  the  CFI.  In  4  out  of  the  5  Judgments,  the  Court
confirmed the practices of the European Institutions.

The report also includes an overview of the activities in relation to anti-dumping, anti-subsidy
and safeguard measures adopted by third countries. In particular, at the end of 2002, 118 anti-
dumping, 26 anti-subsidy and 39 safeguard measures were in force against the Community or
its Member States. It is confirmed that the Community is still second only to China as most
affected territory by third country trade defence actions.

The chapter on activities  in  the  framework  of  the  World  Trade  Organisation  (WTO)  covers
both  dispute  settlement  procedures  initiated  by  and  against  the  Community.  Furthermore,  it
deals  with  other  activities,  such  as  the  first  phase  of  negotiations  on  the  Anti-dumping  and
Subsidies  Agreements,  in  which  the  Commission  played  an  active  role  by  submitting
negotiating proposals.

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

This report is also available to the general public. The 2001 version was released in more or
less 500 copies.
(Internet Website http://europa.eu.int/comm/trade/policy/dumping/reports.htm)

10

1. 

OVERVIEW OF THE LEGISLATION

1.1. 

Anti-dumping and anti-subsidy

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.

1.1.2.  The Community legislation

1.1.2.1.  The legislation covered by the Treaty establishing the European Community

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, which form
the  legal  basis  of  anti-dumping  and  anti-subsidy  investigations  in  the  Community,
entered into force in March 1996 and October 1997. 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
Community3

Council Regulation (EC) No 2026/97 of 6 October 1997 on protection against
subsidized imports from countries not members of the European Community4

These regulations 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.

3

4

OJ  L  56,  6.3.1996,  p.  1,  as 
(OJ L 305, 7.11.2002, p. 1)
OJ  L  288,  21.10.1997,  p.  1,  as  last  amended  by  Council  Regulation  (EC)  No  1973/2002
(OJ L 305, 7.11.2002, p. 4)

last  amended  by  Council  Regulation  (EC)  No  1972/2002

11

                                                
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.

1.1.2.2.  The  legislation  covered  by  the  Treaty  establishing  the  European  Coal  and  Steel

Community (ECSC Treaty)

During  the  existence  of  the  ECSC  Treaty,  specific  legal  texts5  existed  for  products
falling under the application of the ECSC Treaty. These texts addressed unfair trade
practices and, on the basis of these texts, a number of anti-dumping and anti-subsidy
measures were taken.

As  the  ECSC  Treaty  expired  on  23  July  2002  after  50  years  of  existence,  it  was
necessary  to  specify  that  now  all  products  would  be  covered  by  the  basic
Regulation(s)  and  that  all  existing  measures  or  pending  investigations  on  ECSC
products would be governed by these Regulations.

Therefore,  the  Council,  by  Regulation  (EC)  No  963/20026,  laid  down  transitional
provisions, which provided for all anti-dumping and anti-subsidy measures adopted
and for all pending investigations, complaints and applications submitted pursuant to
Decisions Nos 2277/96/ECSC and 1889/98/ECSC to be governed by the provisions
of the respective basic Regulations, with effect from 24 July 2002.

1.1.3.  Changes to the Community legislation in 2002

1.1.3.1.  Changes to the anti-dumping basic Regulation

On  5  November  2002,  the  Council  adopted  Regulation  (EC)  No  1972/20027
amending the basic anti-dumping Regulation.

The amendment consisted, inter alia, of the formal recognition of Russia as a market
economy  country  in  the  context  of  trade  defence  instruments,  which  is  an
acknowledgement of the important progress achieved in Russia in respecting market
economy  principles.  In  practical  terms,  this  means  that  the  calculation  of  dumping
margins will no longer be based on information from an analogue country, but that,
in  all  cases,  the  Russian  companies'  own  costs  and  prices  will  be  taken  in
consideration.

5

6

7

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 Community (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); and
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 Community (OJ L 245, 4.9.1998, p. 3)
OJ  L  149,  7.6.2002,  p.  3,  as  last  amended  by  Council  Regulation  (EC)  No  1310/2002  (OJ  L  192,
20.7.2002, p. 9)
OJ L 305, 7.11.2002, p. 1

12

                                                
Other  amendments  consist  of  the  clarification  of  the  terms  "related  parties",
"commissions"  and  "particular  market  situation  that  does  not  permit  a  proper
comparison". Furthermore, the regulation gives indications as to what has to be done
when certain costs on the exporting country market are distorted and clarifies the use
of  facts  available  and  of  certain  criteria  for  granting  "individual  duty"  to  certain
exporters from non-market economy countries and countries in transition.

This change applies to all investigations initiated pursuant to the basic anti-dumping
Regulation after the date of entry into force of Regulation (EC) No 1972/2002, i.e. 8
November 2002.

1.1.3.2.  Changes to the anti-subsidy basic Regulation

On  5  November  2002,  the  Council  adopted  Regulation  (EC)  No  1973/20028
amending the basic anti-subsidy Regulation.

The amendments had two main aims : first, as a matter of "housekeeping", the expiry
of  the  WTO  provisions  on  non-actionable  subsidies  had  to  be  implemented  by
repealing  the  corresponding  provisions  in  the  Community's  legislation.  Second,  the
rules on subsidies in the form of provision of cheap goods or services were clarified
to  also  cover  situations  where  there  is  no  market  for  the  goods  or  services  in  the
country  concerned.  In  such  a  case,  the  amendments  foresee  that  adjustments  are
made or world market prices used.

Furthermore, this change applies to all investigations  initiated  pursuant  to  the  basic
anti-subsidy  Regulation  after  the  date  of  entry  into  force  of  Regulation  (EC)  No
1973/2002, i.e. 8 November 2002.

1.2. 

Safeguards

1.2.1.  The international 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. Article  XIX GATT 1994 and the WTO Agreement  on Safeguards
do  not  only  impose  strict  conditions  for  the  application  of  this  "escape  clause,  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 (a "safety valve") that applies to all imports of the product covered
by a measure, irrespective of origin9.

8

9

OJ L 305, 7.11.2002, p. 4
However, as regards non-WTO members, safeguard measures may be selective and apply to products
originating  in  a  specific  country.  WTO  Accession  Protocols  may  also  provide  for  such  selective
safeguard mechanisms (e.g. the People's Republic of China's Protocol)

13

                                                
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.

1.2.2.  The Community legislation

The  above-mentioned  principles  are  all  reflected  in  the  relevant  Community
regulations.  Additionally,  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. In other words, safeguard action can only be taken when it is in the
Community’s  interest  to  do  so.  The  current  Community  safeguard  instruments  are
covered by the following regulations :

– 

– 

– 

Council  Regulation  (EC)  No  3285/9410  on  the  common  rules  of  imports  and
repealing Regulation (EC) No 518/94

Council  Regulation  (EC)  No  519/9411  on  common  rules  for  imports  from
certain third countries and repealing Regulations (EEC) Nos 1765/82, 1766/82
and 3420/83

Council Regulation (EC) No 517/9412 on common rules for imports of textile
products  from  certain  third  countries  not  covered  by  bilateral  agreements,
protocols or other arrangements, or by other specific Community import rules.

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

1.2.3.  Proposal  for  a  Regulation  on  safeguards  and  phasing  out  of  certain  quotas  for

imports originating in the People's Republic of China

In June 2002, the Commission submitted to the Council a proposal on a transitional
product-specific  safeguard  mechanism  for  imports  originating  in  the  People's
Republic  of  China  and  amending  Council  Regulation  (EC)  No  519/94  on  common
rules  for  imports  from  certain  third  countries13.  The  proposal  was  consequently
adopted by the Council and published in March 200314.

The regulation is an exact transposition into Community law of provisions contained
in the Accession Protocol of the People's Republic of China to the WTO. It has two
main pillars,

– 

the  first  pillar  provides  for  rules  to  establish  a  Transitional  Product-Specific
Safeguard  Mechanism  (TPSSM)  for  imports  from  the  People's  Republic  of
China.  Under  this  mechanism,  the  Community  is  allowed  to  impose  specific
measures, inter alia, duties, if imports from the People's Republic of China into
the  Community  increase  rapidly  so  as  to  cause  market  disruption  to  the

10

11

12

13
14

OJ L 349, 31.12.94, p. 53, as last amended by Regulation (EC) No 2474/2000 (OJ L 286, 11.11.2000,
p. 1)
OJ L 67, 10.3.94, p. 89, as last amended by Regulation (EC) No 1138/98 (OJ L 159, 3.6.1998, p. 1)
OJ L 67, 10.3.94, p. 1, as last amended by Regulation (EC) No 1309/2002 (OJ L 192, 20.7.2002, p. 1)
OJ C 227 E, 24.9.2002, p. 555
L 65, 8.3.2003, p. 1

14

                                                
Community industry. Measures can only be imposed if the Community interest
calls  for  intervention.  The  high  procedural  standards  contained  in  the
Community's  existing  trade  defence  instruments  are  also  applicable  to  this
specific instrument. No measures can be imposed beyond 11 December 2013,
when  the  TPSSM  will  cease  to  exist  according  to  the  provisions  of  the
Accession Protocol.

– 

the second pillar foresees the gradual phasing-out of certain non-textile quotas
(footwear, tableware and ceramics) until the total abolition of quotas in 2005.

At the same time, the regulation ensures that Council Regulation (EC) No 519/94 is
no longer applicable to the People's Republic of China.

1.3. 

Anti-subsidy and unfair pricing instrument for airline services

In March 2002, the Commission adopted its proposal for a trade defence instrument
concerning  the  supply  of  airline  service  from  non-EC  Countries15.  The  proposal
foresees the adoption of redressive measures if subsidised or unfairly priced airline
services  cause  material  injury to Community  carriers  on  certain  routes  to  and  from
the Community.

This  is  the  first  new  proposal  for  a  trade  defence  instrument  in  the  services  sector
since a similar instrument was adopted in 1986 concerning maritime services. It was
prompted by the crisis in the airline sector at the end of 2001 which led some third-
country  governments  to  subsidise  their  airlines.  This  created  increasing  difficulties
for  the  Community  industry  which  had  to  compete  with  third  country  airlines
benefiting  from  generous  subsidies,  while  they  were  subject  to  strict  rules  on
government aid.

The  proposal  draws  from  existing  instruments  in  the  area  of  trade  in  goods,  in
particular  the  basic  anti-subsidy  Regulation.  It  foresees  the  imposition  of  measures
on  two  tracks  :  first,  if  subsidised  airline  services  supplied  by  non-Community
carriers cause material injury, or, as a second track, if such state-controlled carriers
benefit  from  non-commercial  advantages  and  charge  injurious  fares  below  the
normal fare rate.

The European Parliament has adopted a set of amendments to this proposal16, which
are currently discussed in the Council. Adoption of the proposal is expected for mid
2003.

15

16

Proposal for a Regulation of the European Parliament and of the Council concerning protection against
subsidisation  from  countries  not  members  of  the  European  Community  (COM(2002)110  final  of
12.3.2002).
European Parliament legislative resolution (COM(2002)110 - C5-0133/2002 - 202/0067 (COD))

15

                                                
2. 

BASIC CONCEPTS

2.1. 

Anti-dumping and anti-subsidy

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

for the imposition of duties

2.1.1.1.  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.

2.1.1.2.  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”.

16

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.

2.1.1.3.  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.

2.1.2.  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.

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.

17

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.

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.

18

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
to
Commission  will  consider  whether 
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.

2.2. 

Safeguards

2.2.1.  What are safeguard measures

import  surges.  Under 

Safeguard  measures  are  a  "safety  valve"  which  allow  temporary  protection  against
legislation17
the  adverse  effects  of 
implementing  the  WTO  Safeguards  Agreement,  they  can  be  applied  under  the
following  conditions  :  safeguard  measures  may  be  imposed  if,  as  a  result  of
unforeseen developments,  a product  is being imported  into  the  Community  in  such
increased quantities and/or on such terms and conditions as to  cause, or threaten to
cause,  serious  injury  to  Community  producers  of  like  or  directly  competitive
products. Safeguard measures may only be imposed to the extent and for such time
as may be necessary to prevent or remedy the injury.

the  Community 

2.2.2.  Procedure

Investigations  are  carried  out  in  accordance  with  the  procedural  rules  laid  down  in
the  basic  safeguard  Regulations.  These  rules  guarantee  a  transparent,  fair  and
objective  proceeding.  In  addition,  the  results  of  safeguard  investigations  are
published  in  the  Official  Journal,  and  the  Community  is  obliged  to  justify  its
decisions in this publication.

17

Council Regulation (EC) No 3285/94 on common rules for imports

19

                                                
Initiation

The  Commission  is  informed  by  one  or  more  Member  States  should  trends  in
imports of a certain product appear to call for safeguard measures. This information
must contain evidence available, of the following criteria : a) the volume of imports,
b)  the  price  of  imports,  c)  trends  in  certain  economic  factors  such  as  production,
capacity utilisation, stocks, sales, market share, prices, profits, employment, etc. and
d) facts other than trends. Where there is a threat of serious injury, the Commission
must also examine whether it is clearly foreseeable that a particular situation is likely
to develop into actual injury.

This information is immediately passed on by the Commission to all other Member
States,  at  which  stage  consultations  are  held  within  the  Advisory  Safeguard
Committee. If there is sufficient evidence to justify an investigation, the Commission
publishes a notice of initiation on the Official Journal within one month of receipt of
the  information  and  commences  the  investigation,  acting  in  co-operation  with  the
Member States.

Provisional measures

Provisional measures may be imposed at any stage of the investigation. They shall be
applied in critical circumstances where delay would cause damage  which would be
difficult  to  repair,  making  immediate  action  necessary,  and  where  a  preliminary
determination  provides  clear  evidence  that  increased  imports  have  caused,  or  are
threatening to cause, serious injury.

The duration of the provisional measures can, however, not exceed 200 days (i.e. 6
months).

Definitive measures

If, at the end of the investigation, the Commission considers that definitive safeguard
measures are necessary, it will take the necessary decisions no later than nine months
from the initiation of the investigation, at which stage the results of the investigation
are  being  published  in  the  Official  Journal.  In  exceptional  circumstances,  this  time
limit  may  be  extended  by  a  further  maximum  period  of  two  months,  provided  a
notice  is  published  in  the  Official  Journal  specifying  the  duration  of  the  extension
and a summary of its reasons.

Safeguard measures shall be applied only to the extent to prevent or remedy serious
injury, thereby maintaining as far as possible traditional trade flows. As to the form
of the measures, the Community will choose the measures most suitable in order to
achieve these objectives. These measures could consist of quantitative quotas, tariff
quotas, etc.

20

Duration and review of the measures

The duration of safeguard measures must be limited to the period of time necessary
to  prevent  or  remedy  serious  injury  and  to  facilitate  adjustments  on  the  part  of  the
Community  producers,  but  should  not  exceed  four  years,  including  the  duration  of
the  provisional  measures,  if  any.  Under  certain  circumstances,  extensions  may  be
necessary but the total period of application of safeguard measures should not exceed
eight years.

If the duration of the measures exceeds one year, the measures must be progressively
liberalised  at  regular  intervals  during  the  period  of  application.  If  the  duration
exceeds  three  years,  the  Commission  should  seek  consultations  with  the  Advisory
Safeguard Committee in order to examine the effects of the measures, to determine
the  appropriateness  of  further  liberalisation  and  to  ascertain  that  the  application  of
the measures is still necessary. Depending on the consultations, the measures may be
revoked or amended.

3. 

THE TRADE DEFENCE INSTRUMENTS' SERVICES

A  restructuring  of  the  anti-dumping  and  anti-subsidy  services  took  place  in  April
2002.  This  resulted  in  the  creation  of  one  Directorate  covering  all  Trade  Defence
Instruments  (TDI).  The  directorate  now  consists  of  5  Units.  Unit  1  is  in  charge  of
policy  aspects  (including  WTO  and  complaints  office)  and  Unit  2  monitors  the
activity  of  third  countries  on  anti-dumping,  anti-subsidy  and  safeguards.  The  other
three  units  deal  exclusively  with  investigations  covering  both  the  injury  and
dumping/subsidization aspects of the investigation.

4. 

CO-OPERATION WITH THE EUROPEAN PARLIAMENT

In the  report prepared by MEP Michel Hansenne  (mentioned  in  the introduction of
this report), the European Parliament suggested a number of improvements to current
practices,  such  as  shorter  deadlines  for  enforcing  provisional  measures  and  the
introduction  of  deadlines  in  reviews.  It  called  for  better  access  of  SMEs  to  trade
defence instruments and more transparency, in particular by granting easier access to
information and strenghtening the right to be heard. It took note of the new situation
in  regard  to  enlargement  and  requested  the  Commission  to  clarify  whether  present
resources  for  handling  trade  defence  instruments  were  sufficient.  It  underlined  the
importance  of  granting  the  Commission  the  means  which  it  feels  necessary  to  deal
with the possible future improvements.

The European Parliament also urged the Commission to submit proposals within the
WTO  negotiations  (Cancun  Ministerial  Conference)  with  the  aim  of  harmonising
investigations, improving transparency and preventing circumvention. It also insisted
on  making  the  lesser  duty  rule  and  the  public  interest  test  a  WTO  requirement,
aspects which are already implemented at Community level. It further recommended
to introduce general measures to  reduce costs for  companies under  investigation.  It
also  proposed  a  number  of  issues  for  improving  the  WTO  Dispute  settlement
mechanism  and  asked  for  the  WTO  Safeguards  Agreement  to  be  added  on  the
negotiation agenda.

21

In  its  reaction,  the  Commission  welcomed  this  report  and  its  recommendations.  It
was  very  timely  as  the  Doha  –  WTO  negotiations  were  about  to  gain  momentum,
with anti-dumping being high on the agenda.

The  Commission  generally  acknowledged  its  interest  to  study  the  proposals  put
forward  by  the  European  Parliament,  in  particular  in  areas  such  as  shortening
deadlines,  cost  reductions  and  simplification  of  procedures  for  SMEs.  At  the  same
time, it stressed the need to assess the effect on its resources.

The  Commission  underlined  that  it  had  already  put  forward  a  number  of  issues,
which fully coincide with the European Parliament's suggestions in the framework of
the Doha negotiations on trade defence instruments (see heading 12.2). In particular,
the  Commission  will  continue  to  push  that  equally  high  standards  are  applied  at
world-wide  level,  thereby  ensuring  that  the  Community  exporters  are  not  put  at  a
disadvantage.

The preparations for  a smooth transition  after the EU-enlargement  are  also well  on
the  way.  Contacts  with  the  candidate  countries  have  been  established  and
information sessions have already been held and more are planned.

In this regard, the Trade Defence Instruments' services (TDI services) developed an
"action plan" in order  to ensure that the  candidate countries  are  operative  as  of  the
first  day  of  their  accession.  This  "action  plan"  foresees  that  the  TDI  services  will
guide the candidate countries through the preparatory process of accession, inter alia,
through a  series of  seminars and  exchanges of views/information. These  events are
targeted  at  both  candidate  countries'  administrations  and  at  all  economic  operators
concerned. They will take place both in Brussels and in the capitals of the candidate
countries in order to reach as many participants as possible.

5. 

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

5.1. 

New investigations

At  the  end  of  2002,  the  Community  had  174  anti-dumping  measures18  and  19
countervailing  measures  in  force.  The  anti-dumping  measures  covered  65  products
and  34  countries  (see  Annex  O);  the  countervailing  measures  covered  14  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  2002,  32  concerned  China,  24  India,  15
Taiwan, 12 Thailand, 11 the Republic of Korea, 11 Russia, 9 Indonesia, 6 Japan and
15  measures  applied  to  countries  with  economies  in  transition  or  to  non-market-
economy  countries,  including  Ukraine  with  10  measures  and  Belarus  with  5
measures. Thirty-one measures concerned one or more of the 10 Central and Eastern
European Countries (CEEC)19.

18

19

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.

22

                                                
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 2002, only 0,5%20 of total imports into the Community was affected by
anti-dumping or anti-subsidy measures.

TABLE 1

Anti-dumping and anti-subsidy new investigations

during the period 1 January 1998 - 31 December 200221

1998

1999

2000

2001

2002

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

terminations22

Total investigations concluded during the period

Investigations in progress at the end of period

Provisional measures imposed during the period

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

43

23

66

28

5

33

33

17

5.2. 

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).

20

21

22

Source Comext.
The initiation of a case concerning several countries is accounted as separate investigations/proceedings
per country involved.
Investigations  might  be  terminated  for  reasons  such  as  the  withdrawal  of  the  complaint,  de  minimis
dumping or injury, etc.

23

                                                
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
TDI services. In the period from 1998 to 2002, a total of 198 review investigations
were  initiated.  These  review  investigations  represented  almost  50%  of  all
investigations.

In  2002,  55  reviews  were  initiated.  Of  these,  13  were  expiry  reviews,  36  interim
reviews,  1  newcomer  review, 2 accelerated  reviews,  1  anti-absorption  investigation
and 2 circumvention investigations.

An overview of the review investigations in 2002 can be found in Annexes F to K.
Table 2 provides statistical information for the years 1998 - 2002.

TABLE 2

Reviews of anti-dumping and anti-subsidy investigations

during the period 1 January 1998 - 31 December 200223

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

1998

1999

2000

2001

2002

49

37

86

38

48

48

40

88

27

61

61

37

97

4424

53

53

29

82

2423

58

58

55

113

4623

67

Details on the conclusions can be found under heading 6.2.

23

24

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.

24

                                                
6. 

OVERVIEW OF ACTIVITIES IN 2002

6.1. 

New investigations

6.1.1. 

Initiations

In  2002,  23  investigations  were  initiated.  Three  of  them  concerned  anti-subsidy
investigations.  They  involved  13  different  products  from  14  different  countries.
Details  of  these  investigations  are  given  in  Annex  A.  Most  affected  countries  are
China with 4 investigations, Russia and India with 3 investigations each, followed by
Indonesia and the Faeroe Islands with 2 investigations each. As to the products, the
most affected is the iron and steel sector and the chemical and allied sector.

In  the  five-year  period  from  1998  to  2002,  202  investigations  were  initiated  on
imports  from  41  countries.  The  main  sectors  concerned  by  the  investigations  were
iron and steel with 72 investigations, chemical and allied with 55 investigations and
textiles  and  allied  with  27  investigations.  A  breakdown  of  the  product  sectors  is
given in Annex B(A).

The main countries concerned during the period from 1998 to 2002 were India with
28 investigations, the People's Republic of China with 24 investigations, Korea with
20 investigations and Taiwan with 13 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 2002 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.

Product/type of investigation25 Originating from Complainant

Bed linen (cotton-type) (AD)

Pakistan

Bed linen (cotton-type) (AS)

India

Committee of the Cotton
and Allied Textile Industries
of the European Community
(Eurocoton)

Committee of the Cotton
and Allied Textile Industries
of the European Community
(Eurocoton)

Compact disks-recordable (CD-
Rs) (AD + AS)

India

Committee of CD-R
Manufacturers (CECMA)

DRAMs (AS)

Korea

Infineon Technologies AG

Furfuryl alcohol (AD)

P.R. China

International Furan
Chemicals BV

25

AD = anti-dumping investigation;  AS = anti-subsidy investigation,  AD +  AS  =  parallel  anti-dumping
and anti-subsidy investigation

25

                                                
Grain oriented electrical sheets
and strips (AD)

Poland, Russia

Hollow sections (AD)

Russia, Turkey

Lighters (disposable gas-fuelled)
(AD)

P.R. China,
Indonesia,
Malaysia,
Vietnam

European Confederation of
Iron and Steel Industries
(Eurofer)

Defence Committee of the
Welded Tube Industry

European Federation of
Lighter Manufacturers
(EFLM)

Para-cresol (AD)

P.R. China

Degussa Knottingley Ltd.

Salmon (AD)

Chile, Faeroe
Islands

European Salmon Producers
Group

Silicon metal (AD)

Russia

Sodium cyclamate (AD)

P.R. China,
Indonesia

Stainless steel cold-rolled flat
products (AD)

USA

Trout (large rainbow trout) (AD) Norway, Faeroe

Islands

Liaison Committee of the
Ferro-Alloy Industry
(Euroalliages)

Productos Aditivos SA

European Confederation of
Iron and Steel Industries
(Eurofer)

Finnish Fish Farmers
Association and the Åland
Islands' Fish Farmers
Association

6.1.2.  Provisional measures

In 2002, provisional duties were imposed in 17 proceedings, two of which concerned
anti-subsidy  proceedings.  They  involved  imports  from  13  different  countries.  As
shown in Table 1 (see point 5.1), this figure compares to 18 in 2001 and 48 in 2000.

The alphabetical list of cases where provisional measures were imposed during 2002
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.

26

Product

Originating from Type26 and level of measure

Filament yarn of cellulose
acetate

Lithuania
USA

Polyester textured filament
yarn (PTY)

Polyester textured filament
yarn (PTY)

India

India

Sulphanilic acid

P.R. China
India

Sulphanilic acid

India

Tube and pipe fittings, of iron
or steel

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

Czech Rep.
Korea
Malaysia
Russia
Slovakia

Czech Rep.
Poland
Thailand
Turkey
Ukraine

AD : 20,1%
AD : 0-16,3%

AD : 8,1-19,1%

CVD : 0-9,1%

AD : 21%
AD : 20,1%

CVD : 9,2%

AD : 17,6-22,4%
AD : 41%
AD : 59,2-75%
AD : 43,3%
AD : 2,3-7,7% + UT

AD :19,8-53,1%
AD : 0-23%
AD : 35,2%
AD : 0-9,8%
AD : 30,9-44,1%

6.1.3.  Definitive measures

6.1.3.1.  Overview

During 2002, definitive duties were imposed in 28 cases, three of  which  concerned
anti-subsidy  proceedings.  They  involved  imports  from  20  different  countries  and
covered  9  products.  India  featured  with  4  investigations,  the  People's  Republic  of
China  with  3  investigations,  Ukraine,  Indonesia  and  the  Czech  Republic  with  2
investigations and all other countries with one investigation each.

The alphabetical list of cases where definitive measures were imposed during  2002
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.

26

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

27

                                                
Product

Originating from Type27 and level of measure

Compact disk recordables

Taiwan

AD : 17,7-38,5%

Ferro molybdenum

P.R. China

AD : 22,5%

Polyester textured filament
yarn

Polyester textured filament
yarn

India

India

AD : 3,7-7,9%

CVD : 0,0-9,1%

Ring binder mechanisms

Indonesia

AD : 32,3%

Ring binder mechanisms

Indonesia

CVD : 10%

Sulphanilic acid

P.R. China
India

AD : 21%
AD : 18,3% + UT

Sulphanilic acid

India

CVD : 7,1% + UT

Tube and pipe fittings, of iron
or steel

Urea

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

Czech Rep.
Korea
Malaysia
Russia
Slovakia

Belarus
Bulgaria
Croatia
Estonia
Libya
Lithuania
Romania
Ukraine

Czech Rep.
Poland
Thailand
Turkey
Ukraine

AD : 17,6-22,4% + UT
AD : 44%
AD : 59,2-75%
AD : 43,3%
AD : 15% + UT

AD : 7,81 EUR/tonne
AD : 21,43 EUR/tonne + UT
AD : 9,01 EUR/tonne
AD : 11,45 EUR/tonne
AD : 11,55 EUR/tonne
AD : 10,05 EUR/tonne
AD : 6,18-8,01 EUR/tonne
AD : 8,85-16,84 EUR/tonne

AD : 17,9-52,6%
AD : 0-23%
AD : 21,7-35,2%
AD : 0-6%
AD : 30,9-44,1%

Zinc oxides

P.R. China

AD : 6,9-28%

27

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

28

                                                
Details on some individual cases (in chronological order)

1.

Urea  originating  in  Belarus,  Bulgaria,  Croatia,  Estonia,  Lithuania,  Libya,  Romania
and the Ukraine

Urea is produced from natural gas and may take the form of a liquid or a solid. Urea
is mainly used in the agricultural sector as a fertiliser and in the industrial sector as a
raw material for certain glues and resins.

The  investigation  was  originally  initiated  against  10  third  countries.  However,  for
two countries (Egypt and Poland), the injury margin was found to be de minimis and
the proceeding against these two countries was terminated. Definitive measures were
imposed against the remaining 8 countries by the Council on 19 January 2002, in the
form of specific amounts of between € 4,12  to € 18,80 per tonne, whilst two offers of
price  undertakings  were  accepted  from  exporting  producers  in  Bulgaria  and
Lithuania.

The  economic  interest  of  this  case  was  quite  high.  Community  consumption  in  the
investigation period amounted to around 6,4 million tonnes and the value of the total
imports  from  the  countries  concerned  during  the  same  period  to  around  €  172
million.

This case was not only of importance in view of the economic interest involved, but
also  in  view  of  several  other  aspects,  such  as  the  number  of  accession  candidate
countries  involved,  the  first  use  of  market  economy  treatment  for  Ukrainian
companies  and  the  calculation  of  injury  margins  at  the  level  of  individual
Community producers rather than at the whole industry level.

Dumping

A  relatively  high  number  of  accession  candidate  countries  were  subject  to  the
proceeding.  These  countries  enjoyed  a  preferential  treatment  as  foreseen  in  the
Europe  Agreements28  and  the  Declaration  of  the  European  Council  of  Essen  of  28
November  1994  (Essen  Declaration).  This  case  was  the  first  in  which  the  Ukraine
was recognised as an economy in transition and it was determined on an individual
basis  whether  certain  exporting  producers  operated  under  market  economy
conditions. As a result, market economy treatment was applied to two companies in
the Ukraine. As such, domestic prices and costs for those companies were used as a
basis  to  calculate  the  dumping  margin.  The  request  of  a  third  Ukrainian  company
was rejected on  the  grounds  that  its  prices  and  costs  were  not  made  in  response  to
market  forces.  The  State  could,  however,  not  interfere  in  this  company’s  export
activities as such. There was therefore no risk that anti-dumping measures could be
circumvented and an individual duty was also calculated for this exporter, based on
the exporter's own export prices. Normal value was based on domestic prices in  an
analogue country, in this case the USA.

28

Bulgaria: OJ L 358, 31.12.1994, p.3; Estonia: OJ L 068, 9.3.1998, p.3; Lithuania: OJ L 051, 20.2.1998,
p.3; Poland: OJ L 348, 31.12.1993, p.2; Romania: OJ L 357, 31.12.1994, p.2

29

                                                
Injury and causation of injury

The  investigation  showed  that  competition  in  the  Community  took  place  between
individual exporting producers and Community producers. Significant price spreads
were  found  with  Community  producers,  depending  upon  whether  they  were  based
close  to  their  main  markets  or  to  their  suppliers  of  raw  materials.  This  had  a
significant  impact  on  the  actual  cost  incurred  by  each  producer  and  made  price
comparaisons  at  the  whole  Community  level  unreliable.  As  such,  it  was  concluded
that any injury to the Community industry should  be  assessed on the actual  market
situation  and on the  basis of  specific  data  verified  for  each  company.  Accordingly,
the injury margins were calculated by comparing prices of each Community producer
to  each  co-operating  exporting  producer.  On  this  basis,  the  injury  margins  found
ranged between 3,89% and 21,04%.

Community interest

Another  important  aspect  of  this  case  was  the  interest  shown  by  farmers  and  their
representatives  as  major  users  of  urea.  As  a  result,  the  Commission  carried  out  a
review of the effect of all anti-dumping measures against fertilisers in order to assess
the  cumulative  effect  on  farmers.  This  review  was  made  independent  of  any
particular  proceeding.  The  results  showed  that,  taken  either  in  isolation  or  in
conjunction with the other measures in force, the impact of the anti-dumping duties
on urea would have only a minor impact on the costs of farmers. This impact was not
sufficient to conclude that definitive measures were against the Community interest.

Taking all factors into account, definitive measures were imposed on the basis of the
injury  margins  found,  except  for  Lithuania  where  for  the  sole  known  exporting
producer,  the  dumping  margin  was  found  to  be  lower  than  its  injury  margin.  In
application  of  the  lesser  duty  rule,  its  duty  was  therefore  based  on  the  dumping
margin found. For this company, the Commission accepted a price undertaking and
likewise, the minimum price was calculated on the basis of the dumping margin.

2.

Ferro-molybdenum originating in the People's Republic of China

For  the  first  time,  the  European  Commission  had  to  withdraw  a  market  economy
status from a Chinese exporter because evidence revealed that the Chinese industry
planned to abuse this exporter as a free channel for exports from other producers.

As  usual  in  cases  against  China,  the  proceeding  started  with  the  invitation  to  all
exporters  to  apply  for  market  economy  treatment  (MET).  This  status  is  given  to
companies in countries with economies in transition, which  can prove that they  are
independent  from  state  influence  and  can  take  their  business  decision  freely  and
based on commercial considerations. In this case, 6 exporters applied for MET, but
only  one  exporter,  representing  about  4,5%  of  the  total  exports  to  the  Community,
passed the tests after investigation and verification by the Commission. At the stage
of the imposition of provisional measures, the duty for this exporter was significantly
lower than for all other exporters.

30

Once  provisional  measures  were  in  place,  the  TDI  services  received  an  indication
from  a  Community  producer  that  the  Chinese  ferro-molybdenum  industry  was
planning  to  circumvent  the  duties  imposed,  evidence  of  which  came  to  light  in  the
subsequent investigation by the Commission.

It  was  established  that  the  China  Chamber  of  Commerce  and  the  association  of
Chinese Ferro-Molybdenum producers, Minmetals (CCCMC), had set up a grouping
of  Chinese  FeMo  producers,  accounting  for  70%  of  China's  FeMo  output,  which
agreed  to  apply  price  and  quantitative  restrictions  on  exports  of  FeMo  to  the
Community. This grouping brought together 25 producers, most of which were state-
owned and which consequently chose not to apply for MET or to co-operate with the
proceeding. The producers concerned were granted specific export allocations which
appeared  to  have  been  determined  by  taking  into  account  the  level  of  their
provisional  anti-dumping  duties.  Thus,  companies  with  low  duty  levels  were
allocated disproportionately high quotas. The company which had been granted MET
and  had  the  lowest  duty  (3,6%)  was  allocated  an  export  quota  in  excess  of  its
production  capacity,  corresponding  to  more  than  one  third  of  the  entire  quantity
which  the  grouping  intended  to  export  to  the  Community.  This,  in  view  of  the
Commission,  was  a  clear  and  deliberate  attempt  to  channel  exports  from  one
company  via  another  company  with  a  lower  anti-dumping  duty  for  the  purpose  of
avoiding to pay the much higher anti-dumping duties.

Consequently, the Commission withdrew the MET for the one company at definitive
stage because of the evident attempt of abuse.

The  exporter  from  whom  MET  was  withdrawn,  has  filed  an  application  for
annulment before the Court of First Instance, where the case is pending.

3.

Compact disk recordables originating in Taiwan

In  June  2002,  the  Council  imposed  definitive  anti-dumping  duties  on  Taiwanese
compact  disk  recordables  (CD-Rs).  The  complaint  was  lodged  by  CECMA  (the
European  Manufacturers'  association)  in  March  2001.  Provisional  measures  were
imposed in December 2001.

CD-Rs are relatively recent high-tech products which became generally available to
the public only around 1997/1998. In that period, the start-up of the first production
facilities in the Community took place. The production of CD-Rs forms part of the
recording media production sector, which covers a wide range of high-tech products.

The Community market for CD-Rs has boomed from 160 million in 1997 to around
2.000 million units in 2000. But the investigation showed that the Taiwanese CD-R
production capacity was mushrooming to the extent that they could satisfy the entire
estimated world market demand.

Investigation of Dumping and Injury

The  investigation  showed  that  Taiwanese  CD-Rs  were  sold  on  the  Community
market below production costs and at between 17,7% to 29,9% below the price sold
in Taiwan.

31

On  the  Community  market,  Taiwanese  import  prices  decreased  by  up  to  73%.
However,  between  1997  and  2000  (the  period  investigated),  although  Community
producers  had  to  follow  the  downward  trend,  Taiwanese  prices  on  the  Community
market  were  still  largely  lower.  By  exercising  a  downward  price  pressure  on  the
Community  market,  the  Taiwanese  exporters  took  full  advantage  of  the  market
growth;  whilst  their  market  was  around  6%  in  1997  rising  to  60%  in  2000.  In  the
meantime,  the  Community  industry  barely  increased  its  market  share  from  12%  to
13%.

This  situation  led  to  financial  difficulties,  losses  and  thus  material  injury  for  the
Community  industry.  Moreover,  Community  producers  had  problems  to  raise
additional capital  and  were forced to significantly  reduce  their  investments.  This  is
particularly  damaging  when  a  new  high-tech  product  is  affected.  Injury  to  the
Community industry was especially pronounced between 1999 and the investigation
period,  when  Taiwanese 
increased
into 
exponentially,  whilst  undercutting  the  Community  industry’s  prices  by  29%  on
average.

the  Community  market 

imports 

Causation and Community Interest

Other factors were addressed during the investigation, in particular the development
of  consumption,  imports  from  third  countries  and  the  export  performance  of  the
Community  industry,  but  it  was  concluded  that  the  Taiwanese  imports  had  been  a
major cause of the injury suffered.

The  investigation  revealed  that  not  imposing  measures  would  put  at  jeopardy  not
only  the  Community  production  of  CD-Rs,  but  also  the  whole  recording  media
production  sector,  which  covers  a  wide  range  of  products  from  diskettes  to  DVDs.
No  compelling  reasons  of  Community  interest  were  found  to  exist  which  would
overturn the need  to  impose measures.It should  be  noted  that  the  imposition  of  the
anti-dumping measures has been challenged by two Taiwanese exporters. The case is
still pending before the Court of First Instance.

4.

Sulphanilic acid originating in the People's Republic of China and India (AD) and 
originating in India (AS)

Definitive anti-dumping duties for both countries and a countervailing duty for India
were imposed by the Council on 4 July 2002. The duties were imposed at the level of
the  dumping  and  subsidy  margins  which  were  found  to  be  lower  than  the  injury
elimination  level.  The  overall  duties  imposed  for  the  countries  concerned  were  not
very different, i.e. 21% in the case of China and 25,4% in the case of India. It should
be noted that the overall duty for India comprises of an anti-dumping duty of 18,3%
and a countervailing duty of 7,1%.

Regarding India, it is noted that the anti-dumping duty rate was set at the level of the
dumping  margin  (24,6%)  minus  the  rate  of  the  export  subsidies  (6,3%)  established
during  the  investigation.  This  is  standard  practise  followed  by  the  Institutions  in
order to avoid unduly onerous protection.

32

The particular aspect of the anti-subsidy case was the fact that, in the course of the
investigation, two subsidy schemes which were not initially alleged in the complaint
were discovered.  The scope of the  investigation was thus extended in order to take
into  account  these  schemes.  Both  of  these  schemes  were  found  to  have  conferred
countervailable  benefits  to  the  exporter  concerned  and  contributed  to  the  imposed
countervailing duty with 4 percentage points.

The  anti-dumping  part  of  the  case  was  straightforward  with  no  issues  of  special
interest. However, it should be noted that a request of a Chinese producer for market
economy  treatment  was  rejected,  because  of  restrictions  in  its  import  and  export
operations.

Finally, it is noted that the sole Indian exporting producer offered a price undertaking
which was accepted by the Commission.

6.1.4. 

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 2002, 2 new anti-dumping proceedings and 3 new anti-subsidy proceedings were
concluded without measures, compared to 12 in 2001 and 32 in 2000.

The  alphabetical  list  of  cases  which  were  terminated  without  the  imposition  of
measures during 2002 can be found below. More information can be obtained from
the Official Journal to which reference is given in Annex E.

Product (type of
investigation29)

Magnetic disks (3,5"
microdisks) (AD)

Magnetic disks (3,5"
microdisks) (AS)

Originating from

Main reason for termination

India

India

No dumping

De minimis subsidy margin

Polyester textured filament
yarn (AS)

Indonesia

De minimis subsidy margin

Ring binder mechanisms
(AD)

Ring binder mechanisms
(AS)

India

India

Withdrawal of complaint

Withdrawal of complaint

29

AD = anti-dumping investigation;  AS = anti-subsidy investigation,  AD +  AS  =  parallel  anti-dumping
and anti-subsidy investigation

33

                                                
6.2. 

Review investigations

6.2.1.  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 2002, 14 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 327 measures have been allowed to expire automatically.

6.2.1.1.  Initiations

During 2002, 13 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  may  be  carried  out  in
parallel with interim reviews, which allow the amendment of the duty rates. In such
case, these  reviews  are marked with  an  asterisk.  More  information  can be  obtained
from the Official Journal to which reference is given in Annex F.

Product (type of
investigation30)

Originating from Complainant

Bed linen (cotton-type) (AD)

India

Polyester textured filament
yarn (AD)

Malaysia

Ring binder mechanisms
(AD)

P.R. China

Committee of the Cotton and
Allied Textile Industries of
the European Community
(Eurocoton)

International Rayon and
Synthetic Fibres Committee
(CIRFS)

Koloman Handler AG and
Krause Ringbuchtechnik
GmbH

Sacks & bags (polyethylene
or polypropylene) (AD)

P.R. China, India,
Indonesia, Thailand

European Association for
Textile Polyolefins (EATP)

Seamless pipes and tubes, of
iron or non-alloy steel*(AD)

Czech Rep.,
Poland, Romania,
Russia, Slovak
Rep.

Defence Committee of the
seamless steel tube industry
of the European Union

30

AD = anti-dumping investigation;  AS = anti-subsidy investigation,  AD +  AS  =  parallel  anti-dumping
and anti-subsidy investigation

34

                                                
Silicon metal (AD)

P.R. China

Liaison Committee of the
Ferro-Alloy Industry
(Euroalliages)

6.2.1.2.  Reviews concluded with confirmation of duty(ies)

During 2002, 12 expiry reviews were concluded with confirmation of duty. It should
be  noted  that  some  expiry  reviews  may  be  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 2002, 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

Result of the investigation/
Type31 and level of measure

Ammonium nitrate*

Russia

Colour television receivers*

P.R. China

Rep. of Korea

Malaysia

Thailand

Coumarin

P.R. China

Magnetic disks (3,5"
microdisks)

Magnetic disks (3,5"
microdisks)

Hong Kong

Rep. of Korea

P.R. China

Japan

Amendment of AD duty :
47,7 EUR/tonne

Confirmation of AD duty :
24,5-44,6% + UT
Confirmation of AD duty :
0-15%
Confirmation of AD duty :
0-25,1%
Confirmation of AD duty :
3-29,8%

Confirmation of AD duty :
3.479 EUR/tonne

Confirmation of AD duty :
6,7-24,7%
Confirmation of AD duty :
8,1%

Confirmation of AD duty :
35,6-39,4%
Confirmation of AD duty :
6,1-40,9%

31

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

35

                                                
Polyester staple fibres*
(extended to Polyester
filament tow)

Belarus

Powdered activated carbon

P.R. China

Amendment of AD duty :
21%

Confirmation of AD duty :
323 EUR/tonne (net weight)

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

1.

Colour television receivers (CTVs) originating in the People's Republic of China, the
Republic of Korea, Malaysia and Thailand

This  was  a  review  of  the  measures  imposed  in  April  1995  against  Malaysia,  the
People's Republic of China, the Republic of Korea, Singapore and Thailand. Duties
were re-imposed on imports from all countries, except for Singapore, as it was found
unlikely that producers in this country would practice dumping in the future.

This case was challenging, as it raised two main difficulties.

The first issue was the complexity of the specific rules of origin applicable to imports
of CTVs and the fact that the Commission had to make sure that the duty imposed
could be  effectively levied by  customs authorities. As already  reported  in  the  2001
Annual  Report,  a  significant  proportion  of  the  CTVs  imported  from  Turkey  turned
out  to  be  in  reality  originating  in  countries  for  which  anti-dumping  duties  were  in
place. Since  these CTVs were incorrectly  declared  on  importation  as  originating  in
Turkey, a significant amount of duty, conservatively estimated at € 35 to 90 million,
was  not  collected.  This  resulted  in  the  intervention  of  the  European  Anti-Fraud
Office (OLAF), which opened an investigation in January 2002. This investigation is
on-going.

Special  provisions  were  now  included  in  the  operative  part  of  the  Regulation  that
allow a better determination of the origin of the CTVs and therefore ensure a more
effective enforcement by customs authorities.

The  second  particularity  was  the  fact  that  the  Chinese  side  offered  an  unusual
undertaking and the Commission, before accepting this offer, had to make sure that it
was practical and effective. The undertaking was offered jointly by seven companies
and  the  China  Chamber  of  Commerce  for  Import  and  Export  of  Machinery  and
Electronic  Products  (CCME).  Therefore,  many  parties  had  to  be  dealt  with  in
parallel.  The  offer  combined  price  and  quantitative  elements.  The  seven  producers
offered to sell at defined prices until certain quantitative ceilings. The anti-dumping
duty in force would only be levied if the relevant ceilings are exceeded.

During  the  negotiations  of  the  undertaking,  it  turned  out  that  wider  European
interests  were  at  stake,  namely  operations  of  Community  producers  in  the  People's
Republic of China. The Chinese side stressed that an overall balance had to be found.
Usually,  the  Community  industry  criticises  any  proposals  for  an  undertaking.  This
time,  parts  of  the  Community  industry  reacted  positively  and  even  encouraged  the
Commission to accept the proposed undertaking.

36

2.

Polyester staple fibres (PSF) originating in Belarus

Definitive  duties  were  imposed  in  July  1996  on  polyester  stable  fibres  (PSF)  from
Belarus,  and  extended  in  1997  to  cover  polyester  filament  tow  (PFT)  to  prevent
circumvention of the original measures. As Belarus is considered not to be a market
economy,  the  dumping  margin  was  calculated  on  the  basis  of  costs  in  an  analogue
country (Taiwan).

A  review  of  the  measures  was  opened  in  2001  to  investigate  two  opposing  claims.
On the one hand, the sole exporter in Belarus claimed that domestic prices in Taiwan
had  experienced  lasting  changes  which  resulted  in  a  lower  normal  value  and
consequent  decreased  level  of  dumping.  On  the  other  hand,  the  Community
producers  claimed  that  the  expiry  of  measures  would  result  in  a  recurrence  of
injurious dumping.

It was found that whilst actual exports of PSF to the Community from the producer
in  Belarus  had  decreased  between  1997  and  2001,  the  producer  had  maintained
significant  spare  production  capacity  which  was  available  to  allow  him  to  resume
exports  to  the  Community  market.  Furthermore,  the  producer  was  still  found  to  be
dumping,  albeit  at  a  lower  level  (21%),  and  was  also  dumping  PSF  in  other  third
countries.

At the same time, the Community producers had been unable to fully benefit from an
expanding  domestic  market  and  saw  their  margins  eroded  as  increased  costs
outstripped  any  price  rises.  It  thus  emerged  that  the  situation  of  the  Community
industry remained vulnerable. This vulnerability was contrasted with the ability and
willingness  of  the  producer  in  Belarus  to  sell  large  volumes  of  low-priced  dumped
imports of PSF.

In  light  of  all  factors,  and  in  the  absence  of  any  foreseeable  changes,  it  was
concluded  that  the  lapsing  of  measures  would  lead  to  the  recurrence  of  dumped
import from Belarus into the Community market. Accordingly, in October 2002, the
Council imposed a definitive anti-dumping duty on (PSF) originating in Belarus, but
reduced it from 43% to 21% on the basis of the revised dumping calculation.

6.2.1.4.  Reviews concluded by termination

During  2002,  6  expiry  reviews  were  concluded  by  termination.  It  should  be  noted
that some expiry reviews may be carried out in parallel with interim reviews. These
reviews are marked with an asterisk.

The alphabetical list of the cases which were concluded by termination during 2002,
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.

37

Product (type of
investigation32)

Bicycles (AD)

Originating from

Main reason for termination

Indonesia, Malaysia,
Thailand

Withdrawal of the request to
review

Colour television
receivers*(AD)

Magnetic disks (3,5"
microdisks) (AD)

Singapore

Taiwan

Peroxodisulphates (AD)

P.R. China

No likelihood of recurrence of
dumping

Sole Taiwan exporter ceased
production

Withdrawal of the request to
review

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

1.

Magnetic disks (3,5" microdisks) originating in Taiwan

An expiry review was initiated in April 1998 concerning measures initially imposed
in October 1993 on imports originating in Japan, the People's Republic of China and
Taiwan.

On 18 February 2002, the Council concluded that the measures should be maintained
at  their  existing  levels  in  respect  of  imports  originating  in  Japan  and  the  People's
Republic of China but that the review should be terminated without the continuation
of measures for imports originating in Taiwan.

The proceeding with respect to Taiwan was terminated on the grounds that the sole
Taiwanese  co-operating  company,  CIS  Technology  Inc.,  which  has  accounted  for
practically  all  the  exports  of  the  product  concerned  to  the  Community  during  the
investigation period, had ceased production of 3,5" microdisks by closing its Storage
Media Business Division. It was therefore considered that there was no serious risk
of a recurrence of dumping from Taiwan.

6.2.2. 

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.

32

AD = anti-dumping investigation;  AS = anti-subsidy investigation,  AD +  AS  =  parallel  anti-dumping
and anti-subsidy investigation

38

                                                
During  2002,  a  total  of  36  interim  reviews  were  initiated.  However,  15  of  these
reviews were partial interim reviews of a specific type, namely limited to the form of
the  existing  measures  which  did  not  appear  sufficient  to  counteract  the  dumping
which had caused injury and/or which did not cater for situations in which imported
goods had been damaged before entry into free circulation.

Nine interim reviews were concluded with confirmation or amendment of duty and
10  investigations  were  terminated.  The  alphabetical  list  of  cases  which  were
concluded  during  2002,  together  with  the  result  of  the  investigation,  can  be  found
below. The asterisk refers to parallel interim and expiry  reviews.  More  information
can be obtained from the Official Journal to which reference is given in Annex G.

Product

Originating from

Result of the investigation/
Type33 and level of measure

Ammonium nitrate

Russia

Artificial corundum

P.R. China

Colour television receivers*

P.R. China

Rep. of Korea

Malaysia

Thailand

Singapore

P.R. China
Japan
Rep. of Korea
Malaysia
Singapore
Taiwan
Thailand

Belarus

Personal fax machines

Polyester staple fibres*
(extended to Polyester
filament tow)

Amendment of AD duty :
47,07 EUR/tonne

Termination : automatic
termination following the
expiry of the measures

Confirmation of AD duty :
24,5-44,6% + UT
Confirmation of AD duty :
0-15%
Confirmation of AD duty :
0-25,1%
Confirmation of AD duty :
3-29,8%
Termination : no likelihood
of recurrence of dumping

Repeal of measures :
production in the Community
ceased

Amendment of AD duty :
21%

33

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

39

                                                
Polysulphide polymers

USA

Sacks and bags (of poly-
ethylene or polypropylene)

India

Salmon (AD/AS)

Urea and ammonium nitrate
solutions

Norway

Poland

Termination : withdrawal of
request to review (Sole
exporter ceased production)

Amendment of AD duty :
6,7-33,5%

Undertaking accepted

Amendment of AD duty :
0-22 EUR/tonne

6.2.3.  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 2002.

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 (bicycles, television camera systems);

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);

Acceptance, voluntary withdrawal or breach of undertakings (quarto plates, flat
pallets of wood, urea, seamless pipes and tubes, salmon, binder or baler twine).

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

6.2.4.  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.

40

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.

In 2002, 1 new exporter review and 2 accelerated  reviews were  initiated. Since the
Commission  carried  out  the  first  reviews  of  this  type  in  1990,  a  total  of  37
investigations have been initiated.

As  to  the  investigations  concluded  with  imposition/amendment  of  the  duty,  they
concern  2  new  exporter  reviews  and  2  accelerated  reviews.  Furthermore,  one  new
exporter review and 3 accelerated reviews were concluded by termination.

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

6.2.5.  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  2002,  one  anti-absorption  investigation  was  initiated.  More  information  can  be
obtained from the Official Journal to which reference is given in Annex J.

6.2.6.  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 2002, two investigations were initiated and one was concluded with extension of
the  duty.  More  information  can  be  obtained  from  the  Official  Journal  to  which
reference is given in Annex K.

41

6.3. 

Safeguard investigations

The Community has seldom made use of safeguard measures.  In 2002, for the  first
time since the entry into force of the 1994 WTO Agreement, Community measures
were introduced on certain steel imports, in response to a similar action taken by the
USA (see chapter 11 for more details).

As a matter of principle, the Commission considers that safeguard measures should
only  be  used  as  an  exceptional  tool  in  emergency  situations.  The  Commission
followed this line rigorously in the recent steel case. At WTO level, this position was
shared by the Dispute Settlement Body on several occasions.

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 12.1.2).

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,  Mexico,  Chili,  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.

6.3.1. 

Safeguard on steel products

In March 2002, the Commission received evidence that the increasingly protectionist
stance of the US in relation to its steel market had caused a surge in imports of steel
to  the  Community.  On  the  basis  of  that  evidence  and  preliminary  enquiries,  the
Commission decided to carry out a full investigation.

Scope of the investigation

The investigation covered 21 steel products : non alloy hot rolled coils, non alloy hot
rolled  sheets  and  plates,  non  alloy  hot  rolled  narrow  strip,  alloy  hot  rolled  flat
products,  cold  rolled  sheets,  electrical  sheets  (other  than  GOES),  metallic  coated
sheets,  organic  coated  sheets,  tin  mill  products,  quarto  plates,  wide  flats,  non  alloy
merchant  bars  and  light  sections,  alloy  merchant  bars  and  light  sections,  rebars,
stainless  bars  and  light  shapes,  stainless  wire  rod,  stainless  steel  wire,  fittings
(<609,6mm), flanges (other than of stainless steel), gas pipes and hollow sections.

42

Provisional measures

The circumstances in which provisional measures may be taken are strictly defined.
They may only be taken in critical circumstances when increased imports are causing
or threatening to cause serious injury to the Community producers, and where delay
would cause damage which would be difficult to repair.

Preliminary  enquiries  by  the  Commission  indicated  that  US  protectionism  had
caused trade diversion resulting in increased Community imports which threatened to
cause  serious  injury  to  the  Community  producers,  who  were  in  a  critical  situation.
Imports  of  15  products34  had  increased  significantly  -  from  12,5  million  tonnes  in
2000 to 14,2 million tonnes in 2001, an increase of 13%.

On  28  March  2002,  the  Commission  adopted  provisional  safeguard  measures  in
relation  to  those  15  products.  The  object  of  the  measures  was  to  prevent  a  further
surge in imports, whilst maintaining access to the Community market. The measures
applied for six months and took the form of tariff quotas set at generous levels (equal
to  average  imports  in  the  period  1999  –  2001  plus  10%),  beyond  which  duties  of
between 14,9% and 26% applied.  In accordance with WTO rules, the measures did
not apply to imports from developing countries, except those with more than 3% of
total Community imports of the product concerned.

The results of the investigation

In  relation  to  seven  steel  products,  the  investigation  confirmed  that  increasing  US
protectionism,  culminating  in  the  imposition  of  safeguard  measures  across  a  wide
range of steel products on 6 March 2002, had caused a sudden, sharp and significant
increase  in  imports  to  the  Community.  Taken  as  a  whole,  imports  of  these  seven
products had increased from 5,9 million tonnes in 1999 to 8,8 million tonnes in 2001.

In order to determine whether there was serious injury to the Community producers,
the Commission evaluated all relevant factors of an objective and quantifiable nature
having  a  bearing  on  their  situation.  The  development  of  production  capacity,
production,  capacity  utilisation,  employment,  productivity,  cash  flow,  return  on
capital  employed,  captive  use,  stocks,  consumption,  sales,  market  share,  price,
undercutting  and  profitability  for  the  years  1997  to  2001  were  each  examined  and
evaluated. Overall, there was  negative development of the  economic indicators  and
the  Commission  therefore  concluded  that  the  Community  producers  of  the  seven
products were suffering serious injury.

Finally,  the  Commission  examined  whether  there  were  any  compelling  economic
reasons  not  to  take  measures.  Taking  account  all  Community  interests  (including
those of the Community producers, importers, and users), the Commission concluded
that no such  compelling  reasons  existed, and it  was in  the Community  interest  that
measures be taken.

34

The  products  covered  by  provisional  measures  were  non  alloy  hot  rolled  coils,  non  alloy  hot  rolled
sheets  and  plates,  non  alloy  hot  rolled  narrow  strip,  alloy  hot  rolled  flat  products,  cold  rolled  sheets,
electrical sheets (other than GOES), tin mill products, quarto plates, wide flats, non alloy merchant bars
and light sections, alloy merchant bars and light sections, rebars, stainless wire rod, stainless steel wire,
fittings (<609,6mm) and flanges (other than of stainless steel).

43

                                                
Definitive measures

Definitive safeguard measures were imposed on five primary steel products35 and on
two more sophisticated finished products36 which were manufactured by a number of
widely disseminated small to medium sized enterprises. More than 70.000 people are
employed in the manufacture of these seven products in the Community.

In conformity with WTO rules, the measures apply erga omnes. Existing restriction
on imports from Russia, Kazakhstan and Ukraine continue to operate. The measures
do not apply to imports from developing countries except those with more than 3%
of total Community imports of the product concerned.

They  took  the  form  of  tariff  quotas  establishing  unrestricted  import  volumes  at
generous  levels.  Beyond  this  level,  tariffs  of  between  17,5%  and  26%  apply.  The
measures will be progressively liberalised, and will expire on 28 March 2005.

For each product, the initial tariff quota was calculated by adding 10% to the average
level  of  relevant  Community  imports  in  the  last  three  years  (1999  to  2001).  The
overall effect is to maintain existing levels of access to the Community market.

Those  countries  with  a  substantial  interest  in  exporting  to  the  Community  were
allocated  a  specific  part  of  the  quotas.  Nevertheless,  in  order  to  ensure  that  all
countries  continued  to  have  access  to  the  Community  market,  a  significant  part
remained for use by other countries. However, for one product, hot rolled coils, this
approach would have led to excessive fragmentation of the quota, so a single global
quota was put in place.

Continuation of the investigation, termination and surveillance

For  the  remaining  fourteen  products,  the  Commission  proposed  to  terminate  the
investigation  as  the  conditions  for  the  imposition  of  definitive  safeguard  measures
were not met.

However,  as  the  Commission  received  new  information  concerning  recent  imports
and  their  impact  on  the  Community  producers  for  three  of  the  products  concerned
(tin  mill  products,  quarto  plates,  rebars),  it  terminated  in  September  2002  the
investigation  vis-à-vis  eleven  products  and  continued  its  investigation  into  these
three products. However, the continued investigation showed that the conditions for
definitive  safeguard  measures  were  not  met  and  these  investigations  were
subsequently closed in January 2003.

In light of the uncertain situation of the international steel market,  the  Commission
also  established  a  system  of  retrospective  surveillance  for  all  fourteen  products.  In
this way,  the Commission has  put  in  place a safety net without  resorting to  market
barriers.  More  information  can  be  obtained  from  the  Official  Journal  to  which
reference is given in Annex L.

35

36

These are non alloy hot rolled coils, non alloy hot rolled sheets and plates, non alloy hot rolled narrow
strip, alloy hot rolled flat products and cold rolled sheets.
These are fittings (<609,6mm) and flanges (other than of stainless steel).

44

                                                
7. 

MONITORING OF UNDERTAKINGS

Undertakings  are  a  form  of  anti-dumping  or  countervailing  measures.  They  are
accepted by the Commission if it is satisfied  that they  can  effectively eliminate the
injurious  effects  of  dumping  or  subsidisation.  To  achieve  this  goal,  exporters
normally  pledge  to  raise  their  prices.  The  necessary  price  increase  stems  from  the
findings  of  the  investigation  and  directly  depends  on  the  level  of  dumping  or
subsidisation found, or on the injury elimination level, whichever is the lower.

In  order  to  allow  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  any  other
relevant  information  at  their  premises,  even  at  short  notice.  In  case  of  breach  or
withdrawal of undertakings, a duty is imposed.

At  the  beginning  of  2002,  there  were  undertakings  in  force  accepted  from  275
companies, covering 21 products originating in 21 different countries.

During 2002, the following changes to the portfolio of undertakings took place :

Definitive anti-dumping and/or countervailing duties were imposed on 34 companies
following withdrawal of acceptance of their undertakings :

– 

– 

– 

16 companies breached their undertaking (farmed Atlantic salmon  originating
in  Norway  –  10  companies;  flat  pallets  of  wood  originating  in  Poland  –  6
companies).

2 companies were related to a company that had breached its undertaking. The
acceptance  of  their  undertaking  had  to  be  withdrawn  in  order  to  avoid  sales
channelling through a related company (farmed Atlantic salmon originating in
Norway – 1 company; flat pallets of wood originating in Poland – 1 company).

16  companies  voluntarily  withdrew 
their  undertakings  (quarto  plates
originating in Romania – 11 companies; seamless steel tubes originating in the
Ukraine  –  3  companies;  steel  wire  ropes  originating  in  Turkey  –  1  company;
binder or baler twine - 1 company in Hungary).

Undertakings of 68 companies came to an end for reasons other than withdrawal:

– 

– 

The  undertaking  of  1  company  lapsed  since  the  country  concerned  was  not
included  in  the  request  for  a  review  lodged  at  the  end  of  the  normal  5-year
period (seamless steel tubes originating in Hungary – 1 company).

The undertakings of 67 companies expired due to the expiry of measures (zinc
originating  in  Poland  -  2  companies;  lighters  originating  in  Mexico  and
Philippines  -  2  companies;  flat  pallets  of  wood  originating  in  Poland  -  63
companies).

45

In addition, 22 offers for undertakings have been accepted:

– 

– 

In 3 new proceedings undertakings from 10 companies were accepted (colour
television  receivers  originating  in  China  –  7  companies;  sulphanilic  acid
originating  in  India  –  1  company;  tube  and  pipe  fittings  -  1  company  in
Slovakia, 1 company in Czech Rep.).

In  ongoing  proceedings,  12  undertakings  from  new  exporters  have  been
accepted (farmed Atlantic  salmon  originating  in  Norway  -  8  companies;  PET
chips  originating  in  India  –  1  company;  Urea  originating  in  Lithuania  –  1
company;  certain  flat-rolled  products  of  iron  or  non-alloy  steel  originating  in
India – 1 company and, before the expiry of the measures, from 1 company on
wooden pallets from Poland).

This  brings  the  total  number  of  undertakings  in  force  at  the  end  of  2002  to  195,
covering  27  proceedings  corresponding  to  20  products  originating  in  21  different
countries. 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 in nature,
the Commission has continued to allocate additional resources to the monitoring of
undertakings by way of internal re-allocation.

As  undertakings  have  to  provide  the  same  remedial  effect  as  the  alternative  duties
would  do,  the  examination,  adaptation  and  drafting  of  undertaking  offers  has  to  be
based on a double assessment of risk and effectiveness. This has led to situations in
which undertakings were not considered to be acceptable, notably where an exporter
did not provide sufficient co-operation and accurate data during an investigation, or
where  the  trading  patterns  of  the  company  allow  too  much  scope  for  cross-
compensation (i.e. the price increase charged for products subject to the undertaking
being  compensated  through  the  granting  of  rebates  on  products  not  subject  to  the
undertaking, if 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.

8. 

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.

46

The Commission continued to deal with a mixture of outstanding refund requests and
new applications. Four new refund  requests were lodged  during  the  year. As usual,
the Commission seeks to structure the various investigations in such a way as to best
utilise  its  resources.  During  the  year  2002,  3  decisions  were  adopted  relating  to
separate  applications.  All  related  to  imports  of  leather  handbags  from  China.  A
further  2  cases  relating  to  the  same  product  are  due  to  be  investigated  early  2003.
Whilst one case which was suspended at the applicant's request has been re-opened,
another different case has been suspended in similar circumstances.

The  merits  of  8  of  the  current  refund  cases  were  under  consideration  as  the  year
closed.

The Commission also proceeded this year to the publication of its updated guidelines
for potential applicants37. The purpose of the Commission Notice, of which the first
version was published in 1986, is to indicate Commission practice in the treatment of
applications  for  refunds  of  anti-dumping  duties.  This  new  Commission  Notice  is
primarily  for  the  benefit  of  potential  applicants  and  clarifies  the  refund  procedure,
thus  enhancing  transparency.  An  aide-mémoire  is  attached  to  the  Notice  to  assist
potential applicants in the preparation of their submission.

Notably, the following aspects have been modified or clarified:

– 

– 

– 

– 

– 

The new notice clarifies that a refund is calculated on the basis of the dumping
margin determined for all the exports of the exporter concerned, and not on the
basis of those exports imported by a single applicant.

The deadlines to introduce and substantiate a refund application are explained
in detail.

The  role  of  the  Member  States  and  the  Commission  in  the  reception  and
analysis of the refund applications is clarified.

The practice of extrapolating findings from one investigation period to adjacent
importations is formalised.

The treatment of  refund  applications in cases  where the original  investigation
used sampling of exporters is explained for the first time.

The  new  Notice,  which  was  published  in  Official  Journal  C  127  of  29  May  2002,
page 10, can also be found at

http://europa.eu.int/comm/trade/index_en.htm.

Further details on refunds can be found in Annex S.

37

OJ C 127, 29.5.2002, p. 10

47

                                                
9. 

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

9.1. 

Overview of the judicial reviews in 2002

In 2002, five Judgments and one Order relating to anti-dumping or anti-subsidy were
rendered by the Court of First Instance (CFI) and none by the Court of Justice.

9.2. 

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 2002 is given in Annex T (9 before the CFI and 4 before
the Court of Justice).

9.3. 

New cases

Five new  cases  were  lodged  in 2002 (compared to 7 in  2000 and  6  in  2001),  three
before the CFI and two before the Court of Justice.

The  three  cases  brought  to  the  CFI  in  2002  are  dealing  in  particular  with  the
following items:

– 

– 

– 

Determination and revocation of Market Economy Status38;

Application  of  the  third  method  set  out  in  Article  2(11),  i.e.  under  what
circumstances are the Institutions entitled to make a comparison of a weighted
average  normal  value  with  individual  export  prices;  this  method  implies
"zeroing" of non-dumped transactions39.

Lack of retroactivity of the exclusion of certain types of like product from the
scope of anti-dumping measures40.

9.4. 

Judgments rendered by the Court of First Instance

The  following  summaries  only  mention  some  of  the  most  important  points  of  the
Judgments  and  do  not  deal  with  all  questions  raised  in  these  Judgments,  nor  with
their specific facts.

38

39

40

T-138/02, Nanjing Metalink v. Council, OJ C 169, 13.7.2002, p. 39
T-274/02, Ritek Corp et al v. Council, OJ C 289, 23.11.2002, p. 27
T-350/02, Ikegami v. Council, [not published yet]

48

                                                
9.4.1.  Certain footwear with textile uppers originating, inter alia, in the People's Republic

of China

– 

Case T-598/97 British Shoe Corporation Footwear Supplies Ltd. and others v.
Council : Judgment of 28 February 2002 (ECR 2002 Page II-01155)

This  case  was  decided  on  the  issue  of  Locus  standi.  In  this  respect,  the  CFI  first
recalled  the  main  principles  governing  admissibility  of  application  lodged  by  an
unrelated  importer.  The  first  one  is  that  provisions  of  regulations  imposing  anti-
dumping duties can be of individual concern to those importers whose resale prices
were  taken  into  account  for  the  construction  of  export  prices.  The  CFI  also
mentionned  that  the  Court  of  Justice  has  held  an  action  brought  by  an  unrelated
importer  against  such  a  regulation  to  be  admissible  where  there  were  exceptional
circumstances,  in  particular  where  that  regulation  seriously  affected  that  importer's
business activities (the judgment of the Court of Justice in Case C-358/89 Extramet
Industrie v Council [1991] ECR I-2501).

In the present case, the CFI considered that the applicants, as unrelated importers, do
not belong to any of the two above categories which are recognised in the case-law
as having a direct right of action against regulations imposing an anti-dumping duty.
On the one hand, the existence of dumping was not established by reference to their
resale prices. On the other hand, the measures did not affect the applicants other than
in their mere capacity as importers of the  products in question, albeit named in  the
contested  Regulation,  and  the  applicants  have  not  proved  the  existence  of  other
factors capable of distinguishing them from all other traders. Notably, they could not
base their right to bring an action against that regulation exclusively on the fact that
they actively participated in the administrative procedure leading to its adoption.

It follows from all the foregoing considerations that the contested regulation was not
of individual concern to the applicants within the meaning of the fourth paragraph of
ex-Article 173 of the Treaty and the action was therefore declared inadmissible.

9.4.2.  Farmed Atlantic salmon originating in Norway

– 

Case T-340/1999- Arne Mathisen AS v. Council : Judgment of 4 July 2002

In  this  case,  the  applicant  contested  the  withdrawal  by  the  Commission  of  an
undertaking  and  the  imposition  of  duties  on  the  imports  of  salmon  from  Norway.
Essentially,  the  Commission  had  withdrawn  the  undertaking  further  to  a  failure  by
the applicant to fully provide data in a way as to allow the Commisison to verify the
implementation of the undertaking.

The  CFI  considered  that  the  requirement  to  respect  the  minimum  import  price  as
settled  in  the  undertaking  had  been  breached.  Mere  failure  to  provide  information
permitting verification of pertinent data is to be regarded as a breach. Moreover, the
CFI found that the principle of proportionality does not apply when considering the
question of the imposition of the duties after a breach of an undertaking. Finally, the
Court  considered  that  the  breach  of  undertaking  by  the  applicant  broke  the
relationship of trust on which the acceptance of undertakings by the Commission was
based and justified the imposition of definitive duties.

49

9.4.3.  DRAMs originating in Japan

– 

Case T-239/00 - SCI UK Ltd. AS v Commission - Judgment of 4 July 2002

The CFI has held that it is the importer who bears responsibility both for the payment
of  the  import  duties  (including  anti-dumping  duty)  and  for  the  regularity  of  the
documents presented by him to the customs authorities (including price undertaking
document),  and  that  the  adverse  consequences  of  wrongful  acts  of  his  contractual
partners cannot be borne by the Community. This even applies, as in this case, if the
importer is the victim of a fraudulent use of the price-undertaking document by the
exporter.  The  possibility  that  price  undertaking  documents  are  subsequently
discovered  to  be  invalid  is  a  trade  risk  inherent  in  the  importation  business.
Therefore, the presentation of documents subsequently found to be invalid cannot in
itself constitute a special situation justifying repayment of import duties even where
such documents were presented in good faith. In addition, the CFI observed that the
Commission  is  not  provided  with  information  on  each  importation.  Consequently,
there is no procedure which would permit the Commission to check regularly that the
undertaking documents drawn up by undertakings correspond to actual imports. The
CFI stated that, in the context of customs clearance, the Commission is not required
to check whether the terms of the import transaction indeed correspond to the price
undertaking given by the exporter and accepted by the Commission. According to the
CFI,  it  would  be  unreasonable  to  require  the  Commission  to  monitor  not  only
compliance  with  the  price  undertakings  but  also  the  consistency  of  each  price
undertaking document with the importation effected thereunder.

9.4.4.  Certain electrolytic aluminium capacitors originating in Japan, Korea and Taiwan

– 

Case  T-89/00  -  Europe  Chemi-Con  GmbH  v  Council  -  Judgment  of  12
September 2002

Reviews  of  measures  on  imports  of  the  product  concerned  originating  in  Japan,
Korea and Taiwan were initiated. A new proceeding on imports from the USA and
Thailand was also initiated in the meantime. In the proceeding against imports from
the  USA  and  Thailand,  the  Council  did  not  adopt  the  Commission  proposal  within
the  time  limit.  As  a  result,  definitive  measures  were  not  imposed  on  these  imports
and the provisional measures, which entered into force on 29 August 1998, lapsed on
28 February 1999. In parallel, although the imposition of measures was in principle
proposed,  it  was  decided  to  terminate  the  proceedings  against  the  imports  from
to  avoid
Japan,  Korea  and  Taiwan  without 
discrimination with regard to  imports from the USA and Thailand. The  Institutions
stated,  in  the  contested  regulation,  that  the  proceedings  would  be  terminated  with
retroactive effect in order  to  take  into  account  the  date  at  which  the  discrimination
effectively  started,  i.e.  as  of  28  February  1999  when  the  provisional  measures  on
imports from the USA and Thailand lapsed without being collected. The applicant, a
wholly-owned  subsidiary  of  a  Japanese  exporter  challenged,  as  a  main  ground,  the
date  from  which  the  Council  in  the  contested  regulation  concluded  that  the
retroactive  effect  had  to  apply,  i.e.  as  of  28  February  1999.  For  the  applicant,  the
retroactive effect should have applied the date of expiry of the  anti-dumping duties
imposed in 1992 on imports of the product concerned originating in Japan, i.e. as of
4 December 1997.

imposing  measures 

in  order 

50

The CFI stated that the review concerning imports originating in Japan and the initial
investigation  on  imports  from  the  USA  and  Thailand  were  governed  by  different
provisions  of  the  basic  Regulation  (respectively  Article  11(2)  and  Article  5)  which
had  different  consequences  as  regards  the  collection  of  the  anti-dumping  duties.
Consequently, the CFI concluded that, as the difference in treatment in respect of the
collection  of  anti-dumping  duties  was  based  on  different  legislative  bases,  it  could
therefore  not  be  regarded  as  constituting  a  violation  of  the  principle  of  equal
treatment. The CFI dismissed the application and the applicant has appealed this case
to the European Court of Justice.

9.4.5. 

Stainless steel fasteners originating , inter alia, in India

– 

Case T-88/98 - Kundan & Tata v Council - Judgment of 21 November 2002

In  the  present  case,  the  Institutions  had  found  that  the  export  price  could  not  be
calculated on the  basis  of  the prices charged by  Kundan, the producer, to Tata,  the
exporter,  as  these  prices  were  unreliable  in  the  sense  of  Article  2(9)  of  the  basic
Regulation  because  of  an  association  or  compensatory  arrangement.  Moreover,  the
Institutions  deducted  from  the  export  price  an  adjustment  for  a  2%  commission
payment pursuant to Article 2(10)(i) of the basic Regulation. These two points were
the main grounds of the application.

The CFI recalled that according to Article 2(9), the Institutions may treat the export
price  as  unreliable  in  two  cases  only,  namely  where  there  is  an  association  or  a
compensatory arrangement between the exporter and the importer. In any other case,
where  a  reliable  export  price  exists,  the  Institutions  are  required  to  base  their
determination of dumping on that price. In the case at hand, the CFI observed that the
Commission inferred an association or arrangement essentially from the fact that the
prices  Kundan  charged  Tata  were  higher  than  the  prices  charged  by  Tata  in  the
Community market. Consequently, they could not reflect economic reality. The CFI
stated that that finding was not contrary to the provisions of Article 2(9) of the basic
Regulation.

However,  on  a  second  point,  the  CFI  rejected  the  Institutions'  argument  that  an
adjustment  could  be  made  also  where  no  commission  has  been  paid  but  where  the
producer  sells  through  a  trader  established  in  the  country  of  export  operating  in  a
similar way to that of an agent acting on a commission basis. To be able to make the
adjustment  in  question,  in  the  view  of  the  CFI,  the  Institutions  would  have  had  to
base their decision on factors capable of showing, or of giving rise to the inference,
that a commission was in fact paid had a definite effect on the comparison between
the export price and the normal value. In the present case, the Institutions based their
decision solely on the finding that the functions carried out by Tata in the course of
its export activity were similar to those of an agent acting on a commission basis, and
did not adduce any evidence from which it could be inferred that Kundan and Tata
had  effectively  agreed  a  commission.  Under  these  circumstances,  the  CFI  annulled
Article 1 of the contested regulation insofar as it imposes on the applicants an anti-
dumping duty in excess of that which would apply without the illegal adjustment of
the export price made in respect of a commission.

51

9.5. 

Order rendered by the Court of First Instance

9.5.1.  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

See  the  twentieth  annual  report  from  the  Commission  to  the  European  Parliament
COM (2002) 484 final/2, point 6.5.1, page 42.

10. 

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

INVESTIGATIONS  OF  THIRD  COUNTRIES

At the beginning of 2002, 18 countries had a total of 102 anti-dumping and 26 anti-
subsidy measures in force against imports from the Community or its Member States.
During 2002, a further 22 anti-dumping and 2 anti-subsidy measures were imposed.
At the end of 2002, an additional 25 new investigations were in progress.

The  Commission  continues  to  apply  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 having an interest in the case to co-
operate fully with the investigating authority of the third country.

The Commission is ready to assist Member States and companies 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.

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

10.1.1.  Overview

The table below provides a record of the anti-dumping action taken by third countries
against  the  Community  or  its  Member  States  in  2002.  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.

52

TABLE 3

Anti-dumping investigations against the Community or its Member States
during 2002

Total Of which (in order of number of

cases)

Measures in force on 1 January 2001

102

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

Investigations initiated prior to 2002
and still pending at end of 2002

2

1 by Turkey, 1 by China

Investigations initiated in 2002

22

Definitive measures imposed in 2002

22

Termination of investigations
without measures in 2002

Measures repealed in 2002

2

6

Measures in force at end 2002

118

10 by India, 2 by China, 1 by
Thailand, 1 by Brazil, 1 by
Argentina, 1 by Mexico, 4 by
Australia, 1 by USA, 1 by Korea

8 by India, 3 by South Africa, 2 by
Brazil, 2 by Bulgaria, 1 by Egypt, 1
by China, 1 by Argentina, 3 by USA,
1 by Czech Republic

2 by Argentina

3 by South Africa, 1 by India, 1 by
Argentina, 1 by Australia

31 by USA, 24 by India, 13 by South
Africa, 7 by Australia, 8 by Canada,
9 by Brazil, 4 by Argentina, 3 by
Colombia, 3 by Mexico, 2 by
Malaysia, 2 by Egypt, 2 by
Philippines, 2 by Czech Republic, 2
by Bulgaria, 1 by Korea, 1 by
Indonesia, 1 by Israel, 1 by
Venezuela, 1 by China, 1 by New
Zealand

Provisional measures imposed in
2002

5

4 by India, 1 by Thailand

In  2002,  Germany  is  the  Member  State  most  affected  by  definitive  anti-dumping
measures (34), followed by France (27) and Italy (25). In addition, the Community,
as a whole, is affected by another 24 definitive anti-dumping measures.

53

10.1.2.  Details on some individual cases

This  chapter  identifies  some  of  the  anti-dumping  actions  taken  in  2002  by  third
countries which merit special attention.

10.1.2.1. USA - 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
initiation  of  this  investigation  was  problematic  since  the  petitioner  USEC  (the  US
enrichment  company)  is  essentially  a  sub-contractor  that  processes  the  product  for
US electricity utilities. Therefore, USEC could be viewed as a service provider rather
than  a  producer  of  goods.  The  fact  that  US  electricity  utilities,  which  outsource  to
USEC  the  enrichment  processing  but  retain  the  ownership  of  the  good  along  the
process, were opposed to the investigation, raised the problem of whether there was
the required support from the US domestic industry to initiate this case. This “goods
vs  service”  is  now  before  the  US  Courts  and  a  decision  is  expected  during
2003/2004.

On 13 February 2002, the US Department of Commerce (DOC) imposed definitive
anti-dumping  duties  of  19,95%  on  imports  of  low  enriched  uranium  from  France
(Eurodif),  but  terminated  the  case  against  Germany,  UK  and  the  Netherlands
(Urenco) because of de minimis dumping margins.

The Commission followed the US investigation closely and intervened several times
during the process. With regard to the French case, the main concerns expressed by
the  Commission  during  the  investigation  do  not  appear  to  have  been  taken  into
account. The Commission raised concerns in particular as regards the standing of the
petitioner to file a complaint and the treatment of the DOC of the price of electricity
used  in  the  enrichment  of  uranium  for  the  purposes  of  establishing  the  constructed
normal value used in the calculation of the dumping margin. The International Trade
Commission's (ITC) definitive findings on injury also involved the cross-cumulation
of dumped and subsidised imports, which appears not be permitted by WTO rules. In
addition, ITC had not properly analysed the effects of other factors, notably Russian
imports, on the domestic industry.

However, any further action has been put on hold pending the outcome of the “goods
vs services” issue in the US courts.

10.1.2.2. USA - Stainless steel bars from France, Germany, Italy and the UK

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

On  7  March  2002,  the  USA  issued  its  final  determination  in  the  case  and  imposed
anti-dumping duties ranging from 3,9 to 71,83 % for France, from 4,17 to 32,32% for
Germany, 2,5 to 33% for Italy, and from 4,48 to 125,77% for the UK.

54

The principal European stainless steel bar producers are subject to relatively modest
duties.  In  fact,  the  anti-dumping  margin  for  the  French  company  Ugine  (Arcelor
Group) is only 3,90%, for Corus (UK) 4,48% and for the Italian producer Valbruna
2,5%.  The  33%  duty  for  the  Italian  company  Cogne  (the  largest  producer  of  the
subject merchandise in Italy) was due to non-co-operation.

Three  of  the  four  German  producers  received  a  quite  high  anti-dumping  margin.
Finally,  the  USA  confirmed  the  preliminary  margin  of  125,77%  ad  valorem  to  the
UK firm, Firth Rixson Specialty Steel.

The  Commission  has  raised  its  concerns  about  the  US  application  of  the  zeroing
methodology  in  this  case,  which  appears  not  to  conform  with  the  findings  of  the
WTO  Dispute  settlement  body  in  the  “bed  linen”  case.  In  addition,  this  product  is
subject to a 15% duty in the context of the Section 201 steel safeguard measures. The
Commission requested the US not to deduct this duty when calculating dumping in
administrative reviews.

10.1.2.3. USA - Cold-rolled steel from Belgium, France, Germany, the Netherlands, Spain and

Sweden

On  18  October  2001,  the  USA  initiated  the  above  anti-dumping  case  against  20
countries  including  the  following  Member  States  :  Belgium,  France,  Germany,  the
Netherlands, Spain and Sweden.

In July 2002, the investigation concerning, inter alia, Sweden, was terminated as the
ITC found that the domestic industry was not injured or threatened with injury as a
result of these imports.

On  24  September  2002,  the  USA  announced  its  final  determinations  on  dumping.
The USA (DOC) calculated the following rates : Sidmar (Belgium) 11,56 %; Arcelor
(France) 11,59 %; Corus (the Netherlands) 6,28 %; Thyssen-Krupp (Germany) 12,56
%; Laminacion y Derivados (Spain) 46,20 %.

On 16 October 2002, the ITC issued its final determinations on injury on the above
case.  ITC  found  that  imports  from  all  the  countries  included  in  the  scope  of  the
investigation  did  not  cause  injury  to  the  US  domestic  industry.  This  nullified
previous DOC’s positive findings and the case was terminated. The ITC decision is
mostly based on the fact that these products were already subject to 30% additional
tariff  imposed  in  the  context  of  the  Section  201  safeguard  investigation.  The  ITC
concluded that the safeguard additional duties had already offset the injury caused by
imports from these countries.

Although  this  case  in  the  end  turned  out  well  for  the  Community  companies,  the
Commission thinks that it should not have  been initiated given the existence  of the
safeguard protection.

55

10.1.2.4. USA - 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 12 June 2002, USA published its final determinations on dumping. For the Italian
company  Defordofin, the dumping  was  found  to  be  de  minimis,  while  rates  for  the
companies in the other Member States were set at : Germany 8,09 to 35,75 %, Spain
5,19 % and Luxembourg 6,14%.

However, on 22 June 2002, the ITC found that the imports from the countries under
investigation  did  not  injure  the  US  domestic  industry  and  therefore  terminated  the
case without imposing duties.

10.1.2.5. India - Cold rolled flat products of stainless steel from the Community

On  19  October  2002,  India  imposed  definitive  anti-dumping  duties  ranging  from
50%  to  90%  on  imports  of  cold  rolled  flat  products  of  stainless  steel  from  the
Community.

The Commission has intervened with the Indian authorities on several aspects of this
case.

It submitted that exporters selling to India face very high ordinary import tariffs that
are paid on importation, 40% in this case. Under these circumstances, the EU export
price had to be low  enough to  take  account of the fact  that a cost of 40%  is added
upon importation.

On  the  other  hand,  the  high  import  tariffs  which  raised  the  import  price  of  the  EU
product should normally have made it difficult to establish injury. However, in this
case,  undercutting  was  alleged,  which  inevitably  means  that  the  Indian  domestic
prices must be very high.

It is apparent that other factors (possibly inefficiency of  domestic  producers)  might
have  caused  or  at  least  contributed  to  the  alleged  injury  suffered  by  the  Indian
domestic industry.

The Commission is still examining this case with a view to deciding whether further
action would be warranted.

10.1.2.6. India - Hot-rolled coils, sheets and plates from the Community

Another steel case was initiated by India on 25 September 2002 concerning imports
of hot rolled coils, sheets and plates originating  in  the  European  Community  and 7
other countries.

This  case  investigates  imports  with  a  combined  market  share  of  only  3%.  The
Commission  has  questioned  how  Indian  domestic  producers  can  be  suffering
material  injury  from  such  a  small  percentage  of  imports,  in  particular,  when  they
already benefit from ordinary tariff protection at over 40%.

56

In addition, by choosing an investigation period of 18 months, India disregarded the
recommendation  by  the  WTO  Committee  on  Anti-dumping  Practices  regarding  the
periods  of  data  collection  for  anti-dumping 
investigations  which  explicitly
establishes  that  “the  period  of  data  collection  for  dumping  investigations  normally
should  be  twelve  months  […]  ending  as  close  to  the  date  of  initiation  as  is
practicable.”

This  case  also  raises  serious  concerns  regarding  the  product  scope,  with  very
distinctly different products all subject to a single investigation.

The Commission will closely monitor this case.

10.1.2.7. India - Catalysts from Denmark

On  19  September  2002,  India decided not  to  renew  the  anti-dumping  duties  it  had
imposed  on  imports  of  catalysts  from  Denmark.  On  17  January  2002,  India  had
initiated a sunset review of the definitive measures imposed in 1997.

This  is  a  case  where  the  Commission  has  been  very  active  in  recent  years,  as  the
original Indian decision to impose measures was very controversial, both in relation
to  the  dumping  calculation  and  the  injury  findings,  which  were  extremely  weak.
During  the  current  review,  the  Commission  intervened  at  several  stages  with  the
Indian authorities to express its concerns and to invite the Indian authorities to repeal
the measures.

The  decision  by  India to terminate the case was therefore very much welcomed by
the Community.

10.1.2.8. Turkey - Polyvinyl chloride from Belgium, Finland, Germany, Greece, Italy and the

Netherlands

Turkey initiated on 2 December 2001 an anti-dumping investigation into polyvinyl
chloride  (PVC)  originating  in  Belgium,  Finland,  Germany,  Greece,  Italy  and  the
Netherlands.  The  Community  exports  targeted  by  this  proceeding  amounted  in  the
reference period to € 97 million. The investig ation, which was initially due to expire
on  1  November  2002  was  extended  for  a  further  6  months  until  1  March  2003.
Turkey did not apply provisional measures in this case.

The  Commission  has  been  closely  following  the  case  from  its  start.  It  has  been  in
close contact throughout the investigation with the Community exporters.

On  12  September  2002,  the  Turkish  authorities  disclosed  their  definitive  findings.
Dumping  margins  ranging  from  15%  to  30%  were  found  for  all  Community
companies.  Dutch,  Finnish,  and  Greek  producers  were  reported  not  to  have  co-
operated with the investigation.

The  Commission  strongly  criticized  some  aspects  of  the  investigation,  concerning
both the methodology used for calculating dumping and the one used to assess injury
and  causality.  A  bilateral  meeting  took  place  in  December  2002,  in  which  the
Commission  insisted  that  the  Turkish  authorities  review  their  findings  after  taking
into account the Commission’s remarks.

57

Following  this  meeting,  the  Turkish  authorities  revised  downwards  the  dumping
margins  for  one  co-operating  company.  There  was  no  further  information  whether
the  Turkish  authorities  would  make  any  more  adjustments  on  the  grounds  of  the
Commission’s criticisms. At the end of 2002, there was still no concrete proposal on
measures.

10.1.2.9. China - Catechol from the Community

On  1  March  2002,  China  initiated  an  anti-dumping  investigation  on  imports  of
catechol  originating  in  the  Community,  on  the  basis  of  a  complaint  lodged  by
Lianyungang Sanjili Chemicals Co. Ltd. On 4 November 2002, MOFTEC and SETC
(the Chinese investigating  authorities)  published  their preliminary  determination  on
the investigation and imposed anti-dumping duties ranging between 50% and 92% on
imports from the Community. This was the first time that China imposed provisional
measures based on their new anti-dumping legislation which took effect on 1 January
2002.

The  Chinese  investigating  authorities  carried  out  on-spot  verification  visits  at  the
premises  of  the  co-operating  Community  exporters  in  December  2002,  after  the
imposition of provisional measures.

The Commission followed developments in this case and worked very  closely  with
the Community industry in this context. The Commission had a number of concerns
regarding the Chinese handling of the case particularly relating to the standing of the
complainant, procedural deficiencies (recourse to best information available without
adequate  notification  to  the  exporters  concerned),  injury  findings,  the  obligation  to
use  Chinese  lawyers  and  the  requirement  for  questionnaire  replies  to  be  made  in
Chinese.

The Commission will continue to monitor the developments in this case.

10.1.2.10. 

China - Caprolactam from Belgium, Germany and the Netherlands

China  initiated  on  7  December  2001  an  anti-dumping  investigation  on  imports  of
caprolactam  originating,  inter  alia,  in  Belgium,  Germany  and  the  Netherlands.
Although  it  was  under  no  WTO  obligation  in  this  case,  given  that  the  date  of
initiation was prior to their WTO accession, China indicated that they would follow
the WTO anti-dumping rules.

On  5  December  2002,  MOFTEC  announced  an  extension  of  six  months  for  the
investigation.  By  the  end  of  2002,  no  preliminary  determination  or  on-spot
verification  visits  had  taken  place  in  this  case.  The  Commission  will  continue  to
monitor developments.

10.1.2.11. 

Thailand - Flat cold-rolled steel from the Community

On 19 February 2002, Thailand initiated  an anti-dumping investigation on imports
of  flat  cold-rolled  stainless  steel  originating,  inter  alia,  in  the  Community.
Provisional measures were imposed on 27 August 2002 ranging between 10,02% and
51,12%.  On-spot  verification  visits  took  place  in  December  after  the  imposition  of
provisional measures.

58

The  Commission  is  actively  following  this  case  and  has  provided  assistance  to  the
Community  exporters  who  co-operated  in  the  proceeding.  Definitive  measures,  if
any, are expected early 2003.

10.1.2.12. 

South Africa - Self-copy paper from Belgium, Germany and the United
Kingdom

On 18 January 2002, South Africa imposed provisional anti-dumping duties ranging
from 6,3% to 20,9% on imports of self-copy paper from Belgium, Germany and the
UK. Definitive anti-dumping duties  ranging from 6%  to  55,7% were imposed  on  1
July 2002 with retroactive effect to 18 January 2002.

The measures could be criticised on several grounds. The existence of injury to the
South African industry  is questionable and it is even harder to establish any causal
link with Community imports. There appears to be no overall price undercutting, no
overall price depression and no overall price suppression. Although the profitability
of the sole domestic producer may have declined slightly, this producer invested in a
huge increase in capacity just before the investigation, and any injury appears to be
self-inflicted.

There are also concerns about the rights of defence for the exporters concerned, since
their arguments were not adequately addressed.

The  Commission  intends  to  pursue  this  matter  and  to  contact  the  South  African
authorities with a view to clarifying the above mentioned issues.

10.1.2.13. 

Andean Community - Sorbitol from France

On  12  August  2002,  the  Secretary-General  of  the  Andean  Community  decided  to
initiate an anti-dumping investigation on imports of sorbitol originating in France.

Under  Andean  Community  legislation,  a  member  of  the  Andean  Community  or  a
firm with a legitimate interest may request the imposition of anti-dumping measures
to  prevent  or  correct  distortions  in  competition  in  the  sub-regional  market  when,
amongst  others,  dumping  originating  in  third  countries  threatens  to  cause  or  does
cause material injury to its national production.

The Commission expressed its doubts about  the legality of the  proceeding  initiated
by  the  Andean  Community.  The  common  anti-dumping  rules  of  the  Andean
Community have never been notified to the WTO.

In substance, there are serious doubts that the Andean Community can be considered
a  Customs  Union,  since  GATT  requirements,  and  in  particular  GATT  Article
XXIV.8(a), do not appear to be fulfilled.

In addition, for the product in question, there are as yet no common external tariffs.
Customs  duties  applied  are  15%  in  Ecuador  and  Colombia,  10%  in  Venezuela  and
Bolivia and 4% in Peru.

The Commission will continue monitoring further developments.

59

10.1.2.14. 

USA - Oil country tubular goods (OCTG) from Austria, France and Germany

On  18  April  2002,  the  USA  initiated  this  new  anti-dumping  investigation  against
Austria, France and Germany.

At the time of the Section 201 safeguard investigation on steel, OCTG was excluded
from measures. The OCTG industry in the US was found by the US  ITC to be not
threatened  with  serious  injury  by  imports  from  all  sources.  The  Commission
therefore argued that the initiation of such an investigation could not be justified.

The ITC, in its preliminary examination, confirmed its previous findings in Section
201  and  determined,  on  10  May  2002,  that  there  was  no  reasonable  indication  of
material  injury.  As  a  result  of  these  negative  determinations,  the  investigation  was
terminated.

10.1.2.15. 

India  -  X-ray  baggage  inspection  multi  energy  systems  (XBIS)  from  the

Community

The  Commission  is  closely  following  the  anti-dumping  investigation  initiated  by
India  on  15  April  2002  regarding  X-ray  baggage  inspection  multi  energy  systems
(XBIS) from the Community.

The complaint was lodged by the sole Indian company selling these machines, which
already benefits of 30% ordinary tariff protection. The Commission has argued that
this  company  already  had  low  capacity  utilisation  rates  even  when  imports  were
practically non-existent, which makes it difficult to argue that injury is being caused
by imports.

Although  no  provisional  measures  have  been  imposed  so  far,  the  Commission  is
monitoring this case.

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

10.2.1.  Overview

The table below provides a record of the anti-subsidy action taken by third countries
against  the  Community  or  its  Member  States  in  2002.  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.

60

TABLE 4

Anti-subsidy investigations against the Community or its Member States
during 2002

Total Of  which  (in  order  of
number of cases)

Measures in force on 1 January 2002

26

Investigations initiated prior to 2002 and
pending at end 2002

Investigations initiated in 2002

Definitive measures imposed in 2001

Termination of investigations without measures
in 2002

Measures repealed in 2002

0

3

2

0

2

Number of measures in force at end 2002

26

5 

by  USA, 

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

 1 by Peru, 1 by USA, 1 by
Australia

2 by USA

2 by Australia

3 

by  USA, 

13 
by
Australia,  2  by  Canada,  3
1 
by  Argentina, 
by
by  New
1 
Mexico, 
Zealand, 3 by Venezuela

Provisional measures imposed in 2002

1

1 by Peru

In  2002,  Italy  is  the  Member  State  most  affected  by  definitive  countervailing
measures  (10),  followed  by  France  (7).  In  addition,  the  Community,  as  a  whole,  is
affected by another 9 definitive countervailing measures.

10.2.2.  Details on some individual cases

This chapter identifies some of the anti-subsidy actions taken in 2002 actions by third
countries which merit special attention.

10.2.2.1. USA  -  Low  enriched  uranium  from  France,  Germany,  the  Netherlands  and  the

United Kingdom (See anti-dumping case)

The  USA  opened  the  countervailing  case  on  low  enriched  uranium  originating  in
France, Germany, the Netherlands and the UK in December 2000.

On  13  February  2002,  the  DOC  imposed  definitive  countervailing  duties  on  those
imports. The countervailing duties were the following : 12,15 % for Eurodif (France)
and 2,23% for Urenco (UK, Germany and the Netherlands).

61

The  Commission  followed  the  investigation  closely  and  intervened  several  times
during  the  process.  The  Commission  raised  concerns  in  particular  as  regards  the
standing of the petitioner to file a complaint and, for France, as regards the treatment
by  the  DOC  of  the  price  of  electricity  used  in  the  enrichment  of  uranium  for  the
purposes  of  the  calculation  of  the  amount  of  the  subsidy.  The  Commission  also
pointed  out  during  the  investigation  that  Urenco  had  paid  back  part  of  the  alleged
subsidy and that the repayment should have been taken into account when assessing
the benefit conferred to the company. The “international consortium provision” also
posed a problem for Urenco. As regards injury determinations, see anti-dumping case
- point 10.1.2.1.

As in the anti-dumping case, any further action awaits the resolution of the goods vs
services issue in the US courts.

10.2.2.2. USA - Stainless steel bars from Italy (See anti-dumping case)

On  15  January  2002,  the  USA  (DOC)  issued  its  final  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  13,7%,  the  rate  of  all  the
companies under investigation was determined to be either zero or de-minimis. The
“subsidies”  for  Cogne  are  based  on  the  WTO  inconsistent  “same  person”
methodology on privatisation (see WTO section) and therefore should not have been
countervailed.

10.2.2.3. USA - Carbon and alloy wire rod from Germany

On 2 October 2002, the USA (ITC) issued its final determinations on injury on the
above case. ITC found that imports from Germany were negligible and therefore they
could  not  have  caused  injury  to  the  US  domestic  industry.  Consequently,  the  case
was terminated  without  measures.  This nullified the  DOC’s  positive  findings  of  30
August 2002 when Saarsthal received a subsidy rate of 18,46 % and a dumping rate
of  15,1 %.  The  second  company  under  investigation  had  a  subsidy  rate  of  only
1,12 %.

The  Commission  has  argued  that  the  DOC  findings  of  subsidy  and  dumping  were
inconsistent,  not  only  with  the  WTO  Agreement  on  Subsidies  and  Countervailing
Measures (SCM) and the WTO Anti-dumping Agreement, but also with the US own
trade law and practice. Not only had the US applied their WTO inconsistent “same
person methodology” to the privatisation of two companies involved in the case, but
also unduly extended the average useful life of certain non-recurring subsidies. This
substantially increased the countervailing rate of Saarstahl, which should have been
de minimis.

The  Commission,  during  pre-initiation  consultations,  had  demonstrated  that  import
levels were negligible (well below de minimis) and formally requested the US not to
open this case against Germany.

62

10.2.2.4. Australia - Canned tomatoes from Italy

Australia initiated this sunset review at the end of 2001. The measures were due to
expire on 28 April 2002. Australian countervailing measures  with respect to Italian
canned  tomatoes  were  first  imposed  in  1992.  They  were  taken  on  the  grounds  of
Community aid granted to tomato processors and export restitution. The measure has
the form of a minimum price, which was fixed at the lowest non-injurious level for
the domestic industry.

In  the  sunset  review,  the  Commission  argued  that,  following  a  revision  of  the
Community aid scheme in 2000, the production aid is no longer paid to producers of
canned tomatoes.  It is  now  paid  to  tomato  growers,  who  obviously  do  not  produce
canned tomatoes. Therefore, Australia is required to positively demonstrate that the
aid  has  benefited  the  canners,  not  the  tomato  growers.  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.
The  export  restitution  has  been  reduced  in  compliance  with  the  WTO  Agriculture
Agreement.

In  their  conclusions,  the  Australian  investigating  authorities  maintained  that
subsidisation  of  canned  tomatoes  is  continuing  in  the  Community,  on  the  grounds
that  aid  is  granted  to  the  producers  of  fresh  tomatoes  only  upon  presentation  of
contracts passed with the processing industry. They also established continuation of
the export restitution. Australia therefore  decided on 28  April 2002  to  continue  the
measures for 5 more years.

However, following a legal challenge in Australia by the Italian exporters, a Federal
Court  order  of  25  September  2002  set  aside  the  decision  to  continue  the
countervailing duties, with effect from 28 April 2002.

On  1  October  2002,  Australia  initiated  on  its  own  initiative  a  new  investigation.  It
appeared,  however,  that  the  conditions  of  Article  11(6)  of  the  SCM  Agreement
governing self-initiation of new investigations, are not met. In order to initiate a new
investigation  under  this  provision,  two  conditions  have  to  be  fulfilled.  Firstly,
“special  circumstances”  have  to  be  identified,  and  secondly,  the  investigating
authorities  must  have  in  their  possession  the  same  standard  of  evidence  had  there
been  an  official  complaint  lodged.  For  instance,  there  has  to  be  evidence  that  the
alleged  injury  to  a  domestic  industry  is  caused  by  subsidised  imports  through  the
effects of subsidies pursuant to Article 11(2)(iv) of the SCM Agreement.

The  Commission  considers  that,  following  the  court  decision,  there  was  no  prima
facie  evidence  of  the  alleged  subsidisation,  and  that  there  was  no  prima  facie
evidence of material injury or threat of injury. In fact, it was concluded in the sunset
review  that  the  Australian  canned  tomatoes  industry  is  not  currently  suffering
material injury.

The  Commission  has  made  several  submissions  to  the  Australian  investigating
authority, and intends to pursue the matter further.

63

10.2.2.5. Peru - Olive oil from the Community

In August 2002, Peru opened a countervailing case on olive oil from the European
Community.

Despite  numerous  interventions  by  the  Commission,  Peru  adopted  a  provisional
countervailing duty of US$ 1,09 per kilo on olive oil originating in the Community.

The Commission has criticised the provisional measures on several grounds. First of
all, there is no demonstration that the subsidies, which are in fact granted to growers,
do  eventually  benefit  to  olive  oil  producers.  Furthermore,  the  Commission  and  the
Member States were not given adequate opportunity to submit information and make
comments, since the provisional duties were imposed even before the Commission's
response  to  the  questionnaire.  In  this  context,  the  decision  to  impose  provisional
measures was based on the incomplete and unsubstantiated information presented by
the domestic industry.

The Commission is closely monitoring this case in co-operation with the authorities
of the Member States concerned. Further steps are currently being considered.

10.2.2.6. USA - Cold-rolled carbon steel products from France

On  18  October  2001,  the  USA  decided  to  open  the  above  case  against  France,  in
addition to the anti-dumping case against 20 countries (see point 10.1.2.3).

On  24  September  2002,  the  DOC  announced  its  final  determinations  in  the  above-
noted countervailing investigation on imports of cold rolled steel. DOC calculated a
final countervailing rate of 1,27 %, just above de minimis, and exclusively based on
pre-privatisation  subsidies.  The  “subsidies”  for  Usinor/Arcelor  are  based  on  the
WTO  inconsistent “same person”  methodology  and therefore  should  not  have  been
countervailed.

However,  as  explained  in  the  section  on  the  parallel  anti-dumping  case,  ITC
subsequently closed the case with a “no injury” finding.

10.2.2.7. USA - Oil country tubular goods from Austria

On 18 April 2002, the USA (DOC) initiated a new investigation against Austria, in
addition  to  the  anti-dumping  case  against  Austria,  France  and  Germany  (see  point
10.1.2.14).

DOC  decided  to  initiate  the  investigation  despite  the  fact  that  during  consultations
held  on  12  April  2002,  the  Commission  maintained  that  all  the  alleged  subsidies,
either  did  not  exist,  or  had  already  expired.  However,  DOC  decided  not  to  follow
these arguments.

As explained in the section on the parallel anti-dumping case, the ITC closed the case
with a "no injury" finding.

64

11. 

SAFEGUARD MEASURES CONCERNING THE COMMUNITY

11.1.  Overview

The  year  2002  has  seen  an  exceptional  increase  in  the  world-wide  activity  in  the
safeguard area, notably due to the measures on steel imports applied by the USA and,
in  response,  by  several  other  countries,  including  the  Community.  The  amount  of
trade affected by these steel measures is huge and is unprecedented in the history of
this instrument.

In  particular,  in  2002,  14  countries  initiated  a  total  of  41  safeguard  investigations
affecting imports from the Community and its Member States.

The  Commission  increased  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.

65

TABLE 5

Safeguard investigations by third countries during 2002

Total Of  which  (in  order  of  number  of

cases)

Measures in force on 1 January 2002

26

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

Investigations  initiated  prior  to  2002
and still pending at the end of 2002

1

1 by Venezuela

Investigations initiated in 2002

41

Definitive measures imposed in 2002

13

Termination of investigations
without measures in 2002

Measures repealed in 2002

Measures in force at end 2002

Provisional measures imposed in
2002

9

0

39

9

7  by  Jordan,  9  by  Russia,  5  by
Ukraine,  5  by  Czech  republic,  3  by
Bulgaria, 3 by Poland, 2 by Chile, 1
by  China,  1  by  Venezuela,  1  by
Hungary,  1  by  Slovakia,  1  by  India,
1 by Canada, 1 by Costa Rica

2  by  Chile,  3  by  Russia,  2  by
Bulgaria,  1  by  Jordan,  1  by  Czech
Republic, 1 by Brazil, 1 by China, 1
by USA, 1 by India

3 by Jordan, 3 by Japan, 1 by Czech
Republic, 1 by Poland, 1 by Russia

6 by Chile, 6 by Russia, 4 by USA, 3
by  Argentina,  3  by  Czech  Republic,
3  by  India,  2  by  Brazil,  2  by
Bulgaria,  1  by  Poland,  1  by
Morocco, 1 by China, 2 by Jordan, 1
by  Ukraine,  1  by  Korea,  1  by
Slovakia, 1 by Lithuania, 1 by Egypt

2  by  Russia,  1  by  Poland,  1  by
Hungary, 1 by Bulgaria, 1 by Jordan,
1  by  China,  1  by  Costa  Rica,  1  by
Venezuela

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

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11.2.  Details on some individual cases

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

11.2.1.  United States, China, Poland, Hungary, Czech Republic and Canada - Steel

On  5  March  2002,  by  Presidential  Proclamation  No  7529,  the  USA  decided  to
impose  safeguard  measures  which  became  effective  as  from  20  March  2002.  Steel
products covered by US measures are as follows: slabs, plate, hot rolled, cold rolled,
coated, tin mill, hot bar, cold bar, rebar, welded pipe, carbon flanges, stainless steel
bar, stainless steel rod and stainless steel wire.

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.
The panel’s final decision is expected by March 2003. A more detailed explanation
on this case can be found in the section dealing with dispute settlement cases.

In response to the US action, several other countries took similar actions.

In its first safeguard case, China imposed definitive safeguard measures on five steel
products  with  effect  from  20  November  2002.  The  products  were  non-alloy  hot-
rolled sheets and coils, non-alloy cold rolled sheets and coils, organic coated sheets,
non-grain  oriented  electrical  sheets  and  stainless  non-alloy  cold  rolled  sheets  and
coils.

For  three  of  the  five  products,  there  were  specific  quota  allocations  for  the  main
exporting countries; for the remaining two products, the quotas were allocated on a
first  come/first  served  basis.  The  quotas  will  be  increased  in  the  second  and  third
year  by  percentages  ranging  between  3%  and  15%.  Duties  ranging  between  10,3%
and  23,2%  (weighted  average  18,26%)  will  be  applied  to  imports  above  the  quota
depending on the product and these duties are set to reduce in the second  and third
year.

The  inclusion  of  stainless  steel  products  in  the  Chinese  measures  is  of  particular
concern, not only because of the substantial trade interest involved, but also because
neither  the  US,  nor  the  Community,  imposed  safeguard  measures.  As  a  result,  the
Commission  concentrated  its  efforts  on  having  these  stainless  steel  products
excluded from the Chinese measures. This yielded some positive results between the
provisional  measures  (imposed  in  May  2002)  and  the  definitive  measures  when
certain  hot-rolled  stainless  steel  products  were  excluded  representing  an  important
share of Community exports to China.

The Commission continued to try persuading China to reduce the negative impact of
the measures for Community exporters. After the imposition of definitive measures,
negotiations were held in Beijing in November 2002. As a result of the considerable
pressure exerted by the Community, China indicated that it would seriously address
the  Community  concerns  and,  in  this  context,  a  further  round  of  negotiations  were
arranged for January 2003.

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Poland  initiated  a  safeguard  investigation  into  pig  iron,  hot  and  cold-rolled  flat
products,  hot-rolled  bars  and  sections,  electrical  sheets,  and  seamless  and  welded
tubes  on  8  June  2002.  Shortly  after,  Poland  submitted  a  proposal  for  provisional
measures in the form of tariff quotas, which would seriously affect Community steel
exports  to  Poland.  The  Commission  reacted  promptly  and,  after  a  very  intensive
negotiating  process,  provisional  measures  were  applied  at  substantially  less
restrictive levels.

Poland was further urged to consider product exclusions. This process was launched
in August 2002 and has been monitored since by the Commission in very close co-
operation with the Community industry. At the end of 2002, good progress was made
in  this  area  and  product  exclusions  were  scheduled  to  be  applied  by  Poland  from
February 2003.

The  Commission  services  will  pursue  next  the  question  of  definitive  measures,  on
which Poland is expected to present a proposal in the course of February 2003.

On 22 March 2002, Hungary initiated a safeguard investigation  into  hot  and  cold-
rolled flat products, hot and cold-rolled bars and rods, angles/shapes/sections, welded
tubes/pipes and wires, ropes and cables. It applied provisional measures in the form
of tariff quotas applicable as from 3 June 2002.

When the provisional measures expired on 18 December 2002, the investigation had
not  yet  been  concluded.  Hungary  introduced  surveillance  for  the  imports  under
investigation as from 23 December 2002 and pursued the investigation with the aim
of finalising it in the beginning of 2003.

The Commission has been monitoring this case and has had regular contacts with the
Hungarian authorities.

The Czech Republic initiated a safeguard investigation into hot and cold-rolled flat
products, hot-rolled  bars and rods, angles/shapes/sections,  seamless tubes/pipes  and
certain  welded  tubes  and  pipes  on  28  August  2002,  without  applying  provisional
measures. The investigation was still on-going at the end of 2002.

The Commission services are closely monitoring this case in close co-operation with
the exporters affected. Several contacts took place with the investigating authorities
and concerns have been expressed as to various aspects of the injury findings.

On 22 March 2002, the Canadian Government requested the Canadian International
Trade Tribunal (CITT) to conduct a safeguard investigation on certain steel products.

On  20  August  2002,  the  CITT  announced  its  final  determinations  on  remedy
(determinations on injury were published on 4 July 2002) in the above safeguard case
and submitted its final report to the Canadian Government.

In  its  report,  the  Tribunal  recommended  the  imposition  of  safeguard  measures  for
five  steel  products  (out  of  nine  originally  investigated)  :  discrete  plate,  cold-rolled
sheet and coil, angles, shapes and sections, reinforcing bar and standard pipe.

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For  4  out  of  the  5  products,  CITT  recommended  the  imposition  of  tariff  quotas
(discrete plate, cold-rolled sheet, hot-rolled shapes and structurals and standard pipe),
while for reinforcing bars a straight 15% tariff was recommended.

CITT  also  recommended  to  exclude  from  the  scope  of  the  measure  imports  from
developing  countries  and  from  some  FTA  partners  but  to  include  imports  from  the
US.

Finally, CITT recommended to grant 215 out of the 280 product exclusion requested
by  the  interested  parties  (exporters  and  final  consumers)  during  the  inquiry,  since
these products are not available from Canadian producers.

The Canadian Government is still evaluating the CITT recommendations although it
is  also  possible  that  no  measures  will  be  taken.  The  Canadian  steel  industry  is
performing quite well and, if any measures are imposed, the Commission will have
to consider further action.

11.2.2.  Russia - Ball bearings from the Community

The  investigation  into  imports  of  ball  and  tapered  roller  bearings  was  initiated  by
Russia on 13 March 2002. The exports from the Community to Russia amounted to
€  10,6  million  in  2001,  and  originated  main ly  in  Germany  and  Sweden.  The
industries  of  the  Member  States  concerned  have  since  the  beginning  of  the
investigation been actively involved and have attended the public hearing organised
by the Russian investigating authority in Moscow in October 2002. A decision on the
imposition of possible measures was due on 13 December 2002, but there has so far
been  no  communication  by  the  Russian  authorities  as  to  the  outcome  of  the
investigation.

The  Commission  has  argued  that  any  imposition  of  measures  against  Community
exports  would  be  unjustified.  The  volume  of  Community  exports  is  very  low
compared  to  domestic  consumption  and  the  sales  price  of  these  exports  is
significantly higher than that of domestically produced bearings. In fact, in 2001, the
volume of Russian exports of ball bearings to the Community exceeded by 10 times
the  Community  exports  to  Russia.  In  addition,  the  Russian  export  price  to  the
Community  is  approximately  9  times  lower  than  the  Community  export  price  to
Russia,  which  would  indicate  that  Community  exports  are  not  directly  competing
with  Russian  bearings.  Therefore,  the  Commission  considers  that  in  the  case  of
measures, Community exports should be excluded. This view was also supported by
the user industries in Russia which are dependent on Community produced bearings.

11.2.3.  Russia - Wallpaper from the Community

Russia initiated this investigation on 6 September 2002. The Community interest in
the Russian market is very significant with exports of wallpaper and wall coverings
amounting  to  €  112  million  in  2002.  The  largest  exporter  of  wallpaper  is  by  far
Germany, followed by the United Kingdom, Italy and France. For some Community
companies,  the  Russian  market  represents  an  important  and  fast  growing  export
market on a world-wide basis, and the investigation is thus causing serious concern
for the companies potentially affected.

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The  Commission expressed its  doubts as  to  whether any injury  potentially  suffered
by the domestic industry can be caused by increased imports from the Community.
The exports of wallpaper from the Community to Russia have remained well below
the  level  reached  before  the  Russian  currency  crisis  of  1998.  In  addition,  the
wallpaper  produced  and  exported  by  Community  companies  is  of  a  technical
standard  not  yet  used  in  the  Russian  wallpaper  manufacturing  process.  This  would
support  the  view  that  Community  exports  are  not  directly  competing  with  the
domestic production. Rather, the Commission argued that the threat to the domestic
industry is due to a recent increase in imports from Ukraine.

In  view  of  the  detrimental  effect  that  restrictive  measures  could  have  on  the
Community  companies concerned, the Commission  is  monitoring  this  investigation
very closely. A Note Verbale was sent to the Russian authorities in December 2002
requesting additional information, but there has so far been no reaction from Russia.
The  Commission  is  planning  to  hold  talks  on  an  informal  level  with  the  Russian
authorities in the beginning of 2003 if no further information is made available.

11.2.4.  Czech Republic - Steel pipes from the Community

The Czech Republic initiated a safeguard investigation into steel pipes and tubes on
6 March 2002. The Commission followed actively this case in close contact with the
industry  concerned.  The  findings  of  this  investigation  and  a  proposal  for  applying
measures  were  presented  to  the  Commission  in  December  2002.  Discussions  took
place with the Czech authorities with a view to review their findings and discuss the
proposed measures.

A definitive decision is expected early 2003.

11.2.5.  Ukraine - Instant Coffee from the Community

The  investigation  concerning  imports  of  instant  coffee  originating,  inter  alia,  in
France, Germany, the United Kingdom and France was initiated on 7 October 2002.
The Community interest in this market is relatively significant with a total of € 9,6
million  of  exports  in  2001.  The  Community  industries  concerned  have  been
registered  as  interested  parties  in  the  investigation  and  are  due  to  deliver  their
respective  statements  to  the  Ukrainian  investigating  authorities  in  the  first  week  of
January 2003. A public hearing with the interested parties should then take place in
Kiev in the early part of 2003.

The Commission expressed  its  growing  concern  at  the  recent  increase  in  safeguard
investigations  launched  by  the  Ukrainian  authorities.  In  the  last  4  months  of  2002,
Ukraine  has  initiated  a  total  of  4  new  investigations  on  the  basis  of  what  the
Commission has argued to be very weak complaints by the domestic industry. This
development creates a situation of uncertainty for exporters and importers alike. This
concern has been voiced by the Commission on several occasions, notably during the
meeting between Vice Prime Minister Rohovyi and Commissioner Lamy in Brussels
in October 2002.

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11.2.6.  Poland - Water Heaters from the Community

Poland initiated  a safeguard investigation  into water  heaters  on  28  May  2002.  The
Commission  has  been  monitoring  the  case  from  its  start  in  close  contact  with  the
Community industry involved. A first exchange of views with the Polish authorities
took place in November 2002. By the end of 2002, Poland had not yet finalised the
investigation.

A decision is expected early in 2003.

12. 

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

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

12.1.1.  Overview of the WTO dispute settlement procedure

In  line  with  the  conclusions  of  the  Uruguay  Round,  the  WTO  provides  for  a
strengthened 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, at the level of the
WTO  Members  concerned,  consists  of  a  bilateral  consultation.  Upon  failure  of  the
consultation,  the  second  stage  can  be  opened  by  requesting  the  WTO  Dispute
Settlement  Body  to  establish  a  panel.  WTO  Members,  other  than  the  complaining
and defending party, with an interest in a given case, can intervene as "third parties"
before  the  panel.  The  panel  issues  a  report,  which  can  be  appealed  before  the
Appellate  Body  (AB)  (each  appeal  being  heard  by  three  members  of  a  permanent
seven-member body set up by the Dispute Settlement Understanding). Both the panel
report and the  report  by  the  Appellate  Body are adopted by the Dispute  Settlement
Body (DSB) unless the latter rejects the report by unanimity.

Anti-dumping,  anti-subsidy  and  safeguards  measures  are  among  the  most  popular
subject  matters  in  WTO  dispute  settlement.  Out  of  the  64  panel  reports  adopted
between  1  January  1995  and  31  December  2002,  23  cases  referred  to  the
aforementioned areas.

12.1.2.  Dispute settlement procedures initiated by the Community

12.1.2.1. USA - Privatisation methodology (countervailing duties) (DS212)

This case is the follow-up of a previous WTO case “Lead Bar from UK” also known
as  “British  Steel”  (DS  138).  In  the  British  steel  case,  the  AB  found,  in  May  2000,
that  the  US  change  in  ownership  methodology  known  as  “gamma”  was  WTO
inconsistent  because  the  investigating  authority  did  not  evaluate  the  nature  of  the
privatisation.  The  AB  also  found  that  a  privatisation  at  arm’s  length  and  for  fair
market  value  eliminates  the  benefit  to  the  privatised  firm  of  all  the  subsidies
previously bestowed.

The US did not revise the previous cases where the gamma methodology was  used
and,  in  January  2001,  developed  a  new  methodology,  the  so-called  “same  person”
approach, to be applied to all the new investigations (or reviews).

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The Commission argued that  this new  methodology  was clearly WTO-inconsistent,
and after a long series of meetings and discussions with the US which failed to lead
to any change in their approach, the Commission had no choice but to request a new
Panel.  The  complaint  brought  by  the  Commission  in  this  case  concerned  the
methodologies,  the  US  law  governing  changes  in  ownership  (Section  1677(5)(F))
and the decision of the US authorities to impose or maintain countervailing duties in
12  cases  involving  the  following  firms:  Usinor  and  GTS  (France),  Dillinger
(Germany), Corus  (United  Kingdom),  AST,  Ilva and Cogne Acciai Speciali (Italy),
SSAB  (Sweden)  and  Aceralia  (Spain)  The  panel  was  established  on  10  September
2001.

The Panel ruled (31 July 2002) against the US on all main counts. It confirmed the
“British  Steel”  WTO  ruling  that  a  privatisation  at  arm’s  length  and  for  fair  market
value,  eliminates  the  benefit  of  prior  subsidies.  In  these  circumstances,  any
countervailing duty against the privatised firm is illegal. It then found that both DOC
methodologies  (the  old  “Gamma”  and  the  current  “Same  person”)  are  WTO
incompatible,  because  they  both  preclude  an  examination  of  the  nature  of  the
privatisation. Furthermore, the US legislation was found to be WTO-incompatible.

The  AB  (9  December  2002)  substantially  confirmed  the  Panel  ruling.  It  found  that
the US acted inconsistently with the SCM agreement, by imposing and maintaining
12  countervailing  measures  against  privatised  European  steel  companies  without
determining  whether  a  benefit  continues  to  exist.  The  AB  confirmed  the  panel’s
findings  against  the  two  methodologies,  although  at  the  same  time  it  found  that  a
transaction  at  arm's  length  and  for  fair  market  value  did  not  necessarily  prevent  a
subsidy  pass-through  and  consequently  reversed  the  Panel’s  ruling  on  the  US
legislation.

Regarding  implementation,  the  Commission  will  request  the  US  to  replace  without
delay its change-in-ownership  methodology  with a new and  fully WTO compatible
approach.  Furthermore,  the  Commission  will  request  that  all  the  12  countervailing
measures  which  were  included  in  the  current  case  (or  at  least  those  which  do  not
require any further investigation) be terminated.

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

from Germany (DS213)

The complaint brought by the Commission in this case concerned the decision of the
US  authorities  to  continue  the  countervailing  duties  for  corrosion-resistant  steel
products from Germany. This decision was based on the DOC's final determinations
of 2 August 2000 that subsidisation would be likely to continue at a  rate of 0,54%.
The original definitive measure dated back to 1993, prior  to the entry into force  of
the  WTO.  The  original  countervailing  rate  was  0,60%,  which  would  have  been  de
minimis under the SCM Agreement.

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The Panel held that the 1% de minimis threshold provided for in Article 11(9) of the
SCM  Agreement  for  new  investigations  equally  applies  to  sunset  reviews  and  that,
therefore, the US law, which provides for a de minimis threshold of 0,5% in sunset
reviews,  was  in  breach  of  the  SCM  Agreement.  The  Appellate  Body,  however,
reversed  this  finding.  The  Panel  and  the  Appellate  Body  furthermore  found  that
Investigating  Authorities  are  entitled  to  self-initiate  a  sunset  review  without  any
evidence.

Nonetheless, the Panel held that the likelihood determinations in the case at hand did
not rest on an adequate factual basis. This finding was not appealed by the US.

The  Panel  and  Appellate  Body  reports  were  adopted  on  19 December 2002.  In  the
light of the Panel’s  findings, the Commission has taken the view that the only  way
for the US to implement the recommendations is to remove the duties.

12.1.2.3. USA - The Dumping and Subsidisation Offset Act (DS217/234)

On  28  October  2000,  the  US  Congress  enacted  the  Dumping  and  Offset  Act
(CDSOA  -  also  known  as  the  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,
considered  that  this  legislation  was  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 permitted by the WTO agreements.

Along  with  a  number  of  other  countries,  the  Community  initiated  WTO  dispute
settlement proceedings  against  the  USA  (case  WT/DS217/5  and  WT/DS234/14).  A
panel  was  established  on  23  August  2001.  On  16  September  2002,  the  final  panel
report  was  published.  The  Panel  upheld  the  Commission's  arguments  that  the
CDSOA was  a  non-permitted  action  against  dumping  and  subsidisation,  and  that  it
violated Articles 5(4) of the ADA and 11(4) of the SCM Agreements on standing, by
providing  an  incentive  to  domestic  producers  to  support  complaints.  Consequently,
the USA was asked to bring the CDSOA into conformity by repealing the CDSOA.

The  USA  appealed  with  the  panel’s  findings  on  18  October  2002.  On  17  January
2003,  the  AB  upheld  the  panel’s  ruling  that  the  CDSOA  was  a  non-permitted
response to dumping and subsidisation.

12.1.2.4. Argentina - ceramic floor tiles (DS189)

On 12 November 1999, Argentina imposed a minimum price duty against imports of
ceramic floor tiles from the Community. A cursory examination of this case made it
apparent 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.

On  26  April  2002,  upon  expiration  of  the  period  agreed  for  compliance  with  the
panel  ruling,  Argentina  published  a  regulation  which  terminated  all  anti-dumping
duties on the Italian exports.

73

This  was  an  important  success  for  the  Community,  not  only  for  having  forced
Argentina to repeal unwarranted measures, but also because it clarified a number of
issues relating to the standards of an investigation (rejection of information submitted
by  exporters,  errors  in  the  calculation  of  the  dumping  rates,  lack  of  disclosure).  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.

12.1.2.5. USA - steel (201 safeguard) (DS248)

On  5  March  2002,  by  Presidential  Proclamation  No  7529,  the  USA  decided  to
impose safeguard measures on many steel products which became effective as from
20  March  2002.  For  almost  70%  of  the  Community  exports  to  the  USA,  these
measures  took  the  form  of  a  tariff  increase  of  30%  and  consequently  implied  a
substantial  closing  of  the  US  steel  market.  The  Community,  in  conjunction  with  a
number of WTO Members (Korea, Japan, China, Switzerland, Norway, New Zealand
and  Brazil)  initiated  WTO  dispute  settlement  proceedings  against  the  US  measures
on 7 March 2002. A panel was established on 3 June 2002.

The Panel Report will be made public in late July 2003. Taking into account a likely
appeal, the final WTO verdict is not expected before October 2003.

In  parallel,  the  Community  exercised  its  WTO  right  to  request  authorisation  to
suspend “substantially equivalent concessions” to re-balance the adverse trade effect
of the US measures. Accordingly, on 14 May 2002,  the  Community notified  to the
WTO a list of products imported from the USA and worth more than € 2 billion on
which additional duties will  apply automatically  once the  US  steel  safeguards have
been  condemned  in  WTO.  On  13  June  2002,  the  Council  unanimously  adopted  a
Regulation to that effect.

In  addition,  WTO  rules  provide  for  immediate  re-balancing  action  against  the  US
measures,  to  the  extent  that  they  have  not  been  based  on  an  absolute  increase  in
imports. In this context, the Community notification and Regulation also comprised a
shortlist  of  products  worth  € 379  million 
for  which  additional  duties  could  be
imposed, even before WTO rulings, upon a decision by the Council on the basis of a
proposal from the Commission.

However,  the  USA  excluded  certain  steel  products  from  the  scope  of  its  safeguard
measures. Product exclusions in favour of Community exporters amounted to nearly
$ 650 million, i.e. around 30% of the $ 2,3 billion of Community steel exports hit by
the US measures. Compared to the $ 4 billion of total Community steel exported to
the USA in 2001, almost 60% of the total Community steel exports now escape from
the  US  measures.  In  this  context,  following  the  recommendation  from  the
Commission, the Council decided, on 30 September 2002, not to apply immediate re-
balancing measures at this stage.

The US exclusion process started again in November 2002, for decisions to be taken
in  March  2003.  The  Community  will  of  course  carefully  monitor  this  process  to
attempt to ensure that legitimate requests from Community exporters are satisfied.

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12.1.2.6. Argentina - canned peaches (DS238)

In  August  2001,  Argentina  imposed  a  definitive  safeguard  measure  on  imports  of
canned  peaches,  in  spite  of  the  apparent  shortcomings  with  respect  to  the  required
WTO standards as pointed out by the Community.

In  December  2001,  Chile  requested  the  establishment  of  a  panel  concerning  the
definitive safeguard measures imposed. Chile challenged the measure on a number of
points, most of which were 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.

In order to defend its legitimate interests in this case, the Community participated in
the proceeding as a third party. The panel circulated its report to the WTO Members
on 14 February 2003, which is largely in line with the Community position.

12.1.2.7. USA – Safeguard measures on circular welded carbon quality line pipe (DS 202/214)

On 10 September 2001, a WTO panel was established at the Community’s request in
respect of two safeguard measures applied by the USA against imports of line pipe
and  wire  rod.  They  have  in  fact  been  in  force  since  March  2000  but  dispute
settlement  action  was  delayed  for  some  time  while  a  number  of  discussions  took
place  with  the  USA  to  try  and  find  an  amicable  solution.  By  the  summer  of  2001,
little progress had been made and  a panel  was  requested in  August 2001. The wire
rod case was successfully concluded by an agreement in November 2001.

A separate panel on the US measure on line pipe had been established on 23 October
2000  at  the  initiative  of  Korea.  The  Community  participated  in  that  proceeding  as
third party.

The  Community  challenged  both  US  measures  on  a  number  of  grounds,  relating,
inter alia, to the exclusion of Canada and Mexico from being subject to remedy, the
lack  of  a  finding  of  “unforeseen  developments”,  the  lack  of  increased  imports,  the
absence of injury caused by imports and the  disproportionate level of the measures
imposed.

The panel reviewing the Korean complaint - before which the Community appeared
as  third  party  -  concluded  that  the  US  measure  was  in  breach  with  the  WTO
Agreement on Safeguards and with Article XIX of GATT 1994 on several grounds,
largely  corresponding  to  the  grounds  on  which  the  Community  had  based  its  own
panel  request.  Both  the  US  and  Korea  appealed  the  panel  ruling.  On  15  February
2002,  the  Appellate  Body  confirmed  most  of  the  panel  findings  and  the
incompatibility of the US measure with WTO safeguard rules.

Talks  resumed  between  the  USA  and  Korea,  as  well  as  between  the  USA  and  the
Community, in order to settle the case. The Community decided to suspend its own
panel proceeding pending the result of these consultations.

75

Following  an  agreement  between  the  USA  and  Korea,  the  USA  decided  on  28
August 2002 to modify their measure by raising the quota for Korean imports. The
quota  for  Community  exporters  was  not  modified  but,  given  the  changed  market
circumstances,  this  was  considered  to  be  acceptable  on  condition  that  the  USA
respect  their  commitment  to  let  the  measure  expire  on  its  original  deadline,  i.e.  1
March 2003.

12.1.2.8. USA  –  Cut-to-length  plate  from  Germany  and  corrosion-resistant  carbon  steel  flat

products from Germany and France (DS262)

In  1993,  the  USA  imposed  definitive  anti-dumping  and  countervailing  duties  on
imports  of  cut-to-length  plate  from  Germany  and  on  import  of  corrosion-resistant
carbon steel flat products from Germany and France. Following a sunset review, the
USA found that revocation of the anti-dumping and countervailing duty orders would
be likely to lead to continuation or recurrence of dumping, countervailing subsidies
and  injury.  Therefore,  it  was  decided  to  maintain  for  a  further  5  years  the  original
duty orders issued in 1993.

The  Commission  argued that  the  US findings were in practice  based  on  an  in-built
presumption  that  dumping,  subsidy  and  injury  would  continue  or  recur,  rather  than
on a positive determination. With regard to injury, the case turned on ITC’s refusal to
consider  significant  changes  of  circumstances  since  the  original  investigation,
notably the increased integration of the Community market, leading to a large fall in
export  potential.  Thus,  the  likely  impact  of  German  and  French  exports  on  the  US
industry  was  assessed  cumulatively  with  imports  from  all  countries  subject  to  the
same initial order. The Commission argued that, had conditions for cumulation been
addressed  and  German  and  French  imports  been  analysed  on  their  own,  it  would
have been highly unlikely that German and French imports were found to lead to the
continuation  or  reoccurrence  of  dumping,  subsidy  or  injury,  and  the  case  would
probably have been terminated.

The  US  recourse  to  cumulative  assessment  of  the  likely  impact  of  exports  on  the
domestic industry has become a recurring problem, which often prevents Community
exporters  to  escape  from  duties  in  spite  of  the  fact  that  they  have  changed  their
behaviour.

In view of the important issues arising in this case, dispute settlement consultations
were  requested  with  the  USA  and  a  first  round  of  consultations  was  held  in
September 2002.

76

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

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

By  Council  Regulation  (EC)  No  2398/9741,  the  Community  imposed  anti-dumping
measures  on  cotton-type  bed  linen  originating,  inter  alia,  from  India.  Subsequent
developments,  including  the  findings  of  a  WTO  panel  established  upon  request  by
India and of the WTO Appellate Body and the implementation of the WTO Dispute
Settlement Body recommendations by the Community, were summarised in the 2000
and 2001 Reports to the European Parliament.

After  the  adoption  of  the  reports  by  the  WTO  Dispute  Settlement  Body,  the
Commission  implemented  the  reports  by  suspending  the  application  of  the  anti-
dumping  measures  against  India  by  Council  Regulation  (EC)  No  1644/200142.
Following a request by the Community industry, a partial interim review, limited to
the  examination  of  the  dumping  aspects,  was  initiated  on  13  February  2002.  This
review was not yet been concluded at the end of 2002. The anti-dumping measures
on imports from India remained suspended during the review.

Despite  the  suspension  of  the  application  of  the  measures,  India  claimed  that  the
Commission had not implemented correctly the previous panel and Appellate Body
findings.  India  therefore  requested  consultations  with  the  Commission.  These
consultations  were  held  in  March  2002  but  failed  to  settle  the  dispute.  The
implementation panel, established thereafter upon request by India, issued its report
on 29 November 2002. It rejected all the eight claims brought forward by India and
fully  confirmed  the  consistency  of  the  Commission's  implementation  with  the
previous  panel  and  Appellate  Body  recommendations.  On  8  January  2003,  India
lodged an appeal against the findings of the implementation panel.

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

By  Council  Regulation  (EC)  No  1748/200043,  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 had been issued by the end
of 2002.

41

42

43

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)
OJ L 219, 14.08.2001, p.1
OJ L 208, 18.08.2000, p.8

77

                                                
12.2.  Other WTO activities

The  year  2002  was  dominated  by  the  first  phase  of  the  negotiations  on  the  WTO
Anti-dumping and Subsidies Agreements, as agreed at the 4th Ministerial Conference
in Doha. Even though  the  negotiations  had  a  slow  start,  they  gained  momentum  in
the course of the year, in particular on anti-dumping. The Commission has played an
active  role  in  the  Negotiating  Group  on  Rules  -  the  forum  of  the  negotiations  -  by
submitting negotiating proposals both on anti-dumping and subsidies44.

Concerning  anti-dumping,  the  situation  can  be  described  as  follows  :  after  four
meetings  of  the  Rules  Group  in  2002,  a  critical  mass  of  proposals  by  most  major
players  is  on  the  table.  Positions  expressed  so  far  range  from  objection  to  any
changes in substance to a wholesale re-negotiation of the Anti-dumping Agreement.
In  its  negotiating  submission,  the  Commission  expressed  its  openness  to  a  broad
negotiation covering topics such as  introduction of  lesser-duty  rules, public interest
test  and  rules  on  circumvention,  swift  initiation  panels  and  proposals  for  reducing
costs of initiations.

With  regard  to  subsidies,  the  discussions  focussed  on  the  issue  of  subsidies  to
fisheries, which is specifically mentioned in the negotiating mandate on Rules. The
"Friends of Fish",  a group of  countries led  by  Australia, New Zealand,  Iceland and
the  USA,  presented  their  ideas  of  a  "special"  status  for  fisheries  subsidies,  an
approach  rejected by Japan and  Korea. The  Commission  has  maintained  its  neutral
position  in  this  area,  pending  the  internal  reform  of  the  Common  Fisheries  Policy
which  was  finalised  in  December  2002.  The  Commission  was  the  only  participant
who  submitted  a  comprehensive  negotiating  submission  on  general  subsidies
disciplines  aiming  at  strengthened  and  more  operational  disciplines  on  subsidies.
Other  issues  raised  by  WTO  Members  were  export  financing  and  special  and
differential treatment for developing countries.

In  addition  to  the  negotiating  process,  the  so-called  "implementation"  process
continued  throughout  2002.  Under  this  track,  the  Anti-dumping  and  Subsidies
Committees dealt - in dozens of special meetings and informal sessions - with issues
transferred  to  them  by  the  Doha  Ministerial  Decision  on  implementation  issues.
These included recommendations relating  to  the  determination  of  negligible  import
volume  in  anti-dumping  investigations  and  the  granting  of  extension  for  export
subsidies given by developing countries.

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

44

EC  submission  on  anti-dumping:  WTO  document  TN/RL/W/13  of  8  July  2002;  EC  submission  on
subsidies: WTO document TN/RL/W/30 of 21 November 2002

78

                                                
13. 

CONCLUSION

As regards the Community's anti-dumping and anti-subsidy activities, the year 2002
can  be  described  as  normal  in  terms  of  number  of  investigations  initiated  and
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 2002. Of the total measures in force targeting the
Community  or  its  Member  States  (both  anti-dumping  and  countervailing),  almost
28%  were  imposed  by  the  USA.  The  Community  is  still  second  only  to  China  as
most affected territory by third country anti-dumping and anti-subsidy actions.

increasing 

the 

The Doha Development Agenda had its first phase of negotiations on the WTO Anti-
dumping and Subsidies Agreements. The Commission 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.

79

ANNEX

Summary

On 31 December 2002, there were 174 anti-dumping and 19 countervailing measures in force.
This  compares  to  175  anti-dumping  and  16  countervailing  measures  in  force  at  the  end  of
2001.

The  following  gives  a  breakdown  of  all  initiations,  measures  imposed  and  terminations  for
both new investigations and review investigations.

1. 

Initiations

A total of 79 investigations were initiated, split up as follows :

– 

– 

– 

– 

– 

– 

– 

– 

23 new investigations, of which 3 anti-subsidy (see Annex A)

13 expiry reviews (when a measure is about to expire, a review can be initiated
on  the  request  by  the  Community  producers.  The  measure  remains  in  force
pending the outcome of such a review.) (see Annex F)

36 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)

1 new exporter review (see Annex I)

1 anti-absorption investigation (see Annex J)

2 anti-circumvention investigation (see Annex K)

2 accelerated reviews (see Annex L)

1 safeguard investigation concerning imports of 21 types of steel products

2. 

Measures

– 

– 

– 

– 

17  provisional  measures  were  imposed  (of  which  2  anti-subsidy  measures),
involving  imports  from  13  different  countries  and  covering  5  products  (see
Annex C)

28  definitive  measures  were  imposed  (of  which  3  countervailing  measures),
involving imports from 20 different countries and covering 9 different products
(see Annex D)

the Commission accepted undertakings  offered  by  exporters in  12  cases;  in  5
cases, undertakings were repealed with imposition of definitive measures (see
Annex M)

of  the  expiry  reviews,  12  reviews  were  concluded  with  confirmation  of  duty
(see Annex F)

80

– 

– 

– 

– 

– 

– 

– 

of  the  interim  reviews,  9  reviews  were  concluded  with  confirmation/
amendment of duty (see Annex G)

of the other reviews, 11 investigations were concluded confirming/  amending
the measures (see Annex H)

of the new exporter reviews, 2 were terminated with imposition/ amendment of
duty (see Annex I)

of the anti-circumvention investigations, one was concluded with extension of
duty (see Annex K)

of  the  accelerated  reviews,  2  were  concluded  with  imposition/  amendment  of
duty (see Annex L)

provisional safeguard measures against imports of 15 steel products

definitive safeguard measures against imports of 7 steel products

3. 

Terminations

– 

– 

– 

– 

– 

– 

– 

– 

5  new  investigations  (of  which  3  anti-subsidy)  were  terminated  without  the
imposition of measures (see Annex E)

of the expiry reviews, 6 were concluded by termination (see Annex F)

of  the  interim  reviews,  10  investigations  were  concluded  by  termination  (see
Annex G)

of  the  other  reviews,  one  was  terminated  and  in  one  case  measures  were
suspended (see Annex H)

of the new exporter reviews, one was concluded by termination (see Annex I)

of the accelerated reviews, 3 were concluded by termination (see Annex L)

14 measures expired automatically after their 5-year period of imposition

safeguard measures against imports of 11 types of steel products.

Further information can  be  found  on  the  Court  cases  (up  till  31.12.2002)  (Annex  T),  on  all
definitive  anti-dumping  measures  in  force  on  31.12.2002  (Annex  O),  on  all  definitive  anti-
subsidy measures in force on 31.12.2002 (Annex P), on undertakings in force on 31.12.2002
(Annex Q) and on investigations pending on 31.12.2002 (Annex R).

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

81

ANNEX A

New investigations initiated

during the period 1 January – 31 December 2002

A.

Anti-dumping investigations (chronological by date of publication)

Product

Country of origin OJ Reference

Grain oriented electrical sheets and strips

Compact disks - recordable (CD-Rs)

Lighters (disposable gas-fuelled)

Para-cresol

Salmon

Furfuryl alcohol

Silicon metal

Hollow sections

Cold-rolled flat products

Bed linen (cotton-type)

Trout (large rainbow trout)

Sodium cyclamate

Poland
Russia

India

P.R. China
Indonesia
Malaysia
Vietnam

P.R. China

Chile
Faeroe Islands

P.R. China

Russia

Russia
Turkey

USA

Pakistan

Norway
Faeroe Islands

P.R. China
Indonesia

C 111
08.05.2002, p. 5

C 116
17.05.2002, p. 2

C 153
27.06.2002, p. 3

C 153
27.06.2002, p. 7

C 172
18.07.2002, p. 11

C 189
09.08.2002, p. 30

C 246
12.10.2002, p. 12

C 249
16.10.2002, p. 5

C 314
17.12.2002, p. 3

C 316
18.12.2002, p. 6

C 318
19.12.2002, p. 2

C 318
19.12.2002, p. 7

82

B.

Anti-subsidy investigations (chronological by date of publication)

Product

Country of origin

OJ Reference

Compact disks - recordable (CD-Rs)

India

DRAMs (dynamic random access memories)

Korea (Rep. of)

Bed linen (cotton-type)

India

C 116
17.05.2002, p. 4

C 177
25.07.2002, p. 2

C 316
18.12.2002, p. 10

83

ANNEX B

A)

New investigations initiated by product sector during the period 1998 – 2002
(31 December)

Product

1998

1999

2000

2001

2002

Chemical and allied

Textiles and allied

Wood and paper

Electronics

Other mechanical engineering

Iron and Steel

Others metal

Other

Of which

anti-dumping

anti-subsidy

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

5

2

3

4

5

4

23

20

3

-

9

-

-

-

19

-

1

29

21

8

84

B)

New  investigations  initiated  by  country  of  export  during  the  period  1998  –
2002 (31 December)

Country of origin
Algeria
Australia
Belarus
Brazil
Bulgaria
Chile
China (People's Republic of)
Croatia
Czech Republic
Egypt
Estonia
Faeroe Islands
Hong Kong
Hungary
India
Indonesia
Iran
Japan
Korea (Rep. of)
Libya
Lithuania
Malaysia
Mexico
Norway
Pakistan
Philippines
Poland
Romania
Russia
Saudi Arabia
Singapore
Slovakia
Slovenia
South Africa
Taiwan
Thailand
Turkey
Ukraine
USA
Vietnam
Yugoslavia (F.R.)

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

2002
-
-
-
-
-
1
4
-
-
-
-
2
-
-
3
2
-
-
1
-
-
1
-
1
1
-
1
-
3
-
-
-
-
-
-
-
1
-
1
1
-
23

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

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

85

ANNEX C

New investigations concluded by the imposition of provisional duties

during the period 1 January – 31 December 2002

A.

Anti-dumping investigations (chronological by date of publication)

Product

Tube and pipe fittings, or iron
or steel

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

Sulphanilic acid

Country of
origin

Czech Rep.
Korea (Rep. of)
Malaysia
Russia
Slovakia

Czech Rep.
Poland
Thailand
Turkey
Ukraine

P.R. China
India

Polyester textured filament
yarn (PTY)

India

Filament yarn of cellulose
acetate

Lithuania
USA

Regulation N°

OJ Reference

Commission Reg.
(EC) No 358/2002
26.02.2002

L 56
27.02.2002
p. 4

Commission Reg.
(EC) No 540/2002
26.03.2002

L 83
27.03.2002
p. 3

Commission Reg.
(EC) No 575/2002
03.04.2002

Commission Reg.
(EC) No 1412/2002
29.07.2002

Commission Reg.
(EC) No 1662/2002
18.09.2002

L 87
04.04.2002
p. 28

L 205
02.08.2002
p. 50

L 251
19.09.2002
p. 9

B.

Anti-subsidy investigations (chronological by date of publication)

Product

Country of
origin

Regulation N°

OJ Reference

Sulphanilic acid

Polyester textured filament
yarn (PTY)

India

India

Commission Reg.
(EC) No 573/2002
03.04.2002

Commission Reg.
(EC) No 1411/2002
29.07.2002

L 87
04.04.2002
p. 5

L 205
02.08.2002
p. 26

86

ANNEX D

New investigations concluded by the imposition of definitive duties

during the period 1 January – 31 December 2002

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

Urea

Belarus
Bulgaria
Croatia
Estonia
Libya
Lithuania
Romania
Ukraine

Council Reg.
(EC) No 92/2002
17.01.2002

L 17
19.01.2002
p. 1

1.7.1999-30.6.2000

5.640.452 tonnes

1.778.000 tonnes

Ferro molybdenum

P.R. China

Zinc oxides

P.R. China

Ring binder mechanisms

Indonesia

Council Reg.
(EC) No 215/2002
28.01.2002

Council Reg.
(EC) No 408/2002
28.02.2002

Council Reg.
(EC) No 976/2002
04.06.2002

L 35
06.02.2002
p. 1

L 62
05.03.2002
p. 7

L 150
08.06.2002
p. 1

1.10.1999-30.9.2000

26.912 tonnes

13.257 tonnes

1.1.2000-31.12.2000

257.058 tonnes

47.367 tonnes

1.4.2000-31.3.2001

348 million pieces

32 million pieces

87

Product

Country of
origin

Regulation N°

OJ
Reference

Investigation
period (IP)

Community
consumption
during IP

Total imports from
countries concerned
during IP

Compact disk recordables

Taiwan

Sulphanilic acid

Tube and pipe fittings, or
iron or steel

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

P.R. China
India

Czech Rep.
Korea (Rep. of)
Malaysia
Russia
Slovakia

Czech Rep.
Poland
Thailand
Turkey
Ukraine

Council Reg.
(EC) No 1050/2002
13.06.2002

Council Reg.
(EC) No 1339/2002
22.07.2002

Council Reg.
(EC) No 1514/2002
19.08.2002

L 160
18.06.2002
p. 2

L 196
25.07.2002
p. 11

L 228
24.08.2002
p. 1

Council Reg.
(EC) No 1697/2002
23.09.2002

L 259
27.09.2002
p. 8

Polyester textured filament
yarn (PTY)

India

Council Reg.
(EC) No 2093/2002
26.11.2002

L 323
28.11.2002
p. 1

1.1.2000-31.12.2000

2 billion units

1,2 billion units

1.7.2000-30.6.2001

11.000 tonnes

4.662 tonnes

1.4.2000-31.3.2001

51.000 tonnes

6.242 tonnes

1.7.2000-30.6.2001

806.042 tonnes

239.399 tonnes

1.10.2000-30.9.2001

339.352 tonnes

22.683 tonnes

88

B.

Anti-subsidy 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

Ring binder mechanisms

Indonesia

Sulphanilic acid

India

Polyester textured filament
yarn (PTY)

India

Council Reg.
(EC) No 977/2002
04.06.2002

Council Reg.
(EC) No 1338/2002
22.07.2002

Council Reg.
(EC) No 2094/2002
26.11.2002

L 150
08.06.2002
p. 17

L 196
25.07.2002
p. 1

L 323
28.11.2002
p. 21

1.4.2000-31.3.2001

348 million units

32 million units

1.7.2000-30.6.2001

11.000 tonnes

1.700 tonnes

1.10.2000-30.9.2001

339.352 tonnes

22.683 tonnes

89

ANNEX E

New investigations terminated without the imposition of measures

during the period 1 January – 31 December 2002

A.

Anti-dumping investigations (chronological by date of publication)

Product

Country of
origin

Regulation N°

OJ Reference

Ring binder mechanisms

India

Magnetic disks (3,5"
microdisks)

India

Council Reg.
(EC) No 976/2002
04.06.2002

Commission Dec.
No 2002/661/EC
20.08.2002

L 150
08.06.2002
p. 1

L 224
21.08.2002
p. 59

B.

Anti-subsidy investigations (chronological by date of publication)

Product

Country of
origin

Regulation N°

OJ Reference

Ring binder mechanisms

India

Magnetic disks (3,5"
microdisks)

India

Polyester textured filament
yarn (PTY)

Indonesia

Council Reg.
(EC) No 977/2002
04.06.2002

Commission Dec.
No 2002/661/EC
20.08.2002

Council Reg.
(EC) No 2094/2002
26.11.2002

L 150
08.06.2002
p. 17

L 224
21.08.2002
p. 59

L 323
28.11.2002
p. 21

90

ANNEX F

Expiry reviews initiated or concluded

during the period 1 January – 31 December 2002

(chronological by date of publication)

Initiated

Product

Country of origin

OJ Reference

Ring binder mechanisms

P.R. China

Polyester textured filament
yarn (PTY)

Malaysia

Sacks & bags (polyethylene or
polypropylene)

Silicon metal

Seamless pipes and tubes, or
iron or non-alloy steel*

P.R. China
India
Indonesia
Thailand

P.R. China

Czech Rep.
Poland
Romania
Russia
Slovak Rep.

Bedlinen (cotton-type)

India

C 21
24.01.2002
p. 25

C 135
06.06.2002
p. 10

C 243
09.10.2002
p. 10

C 246
12.10.2002
p. 9

C 288
23.11.2002
p. 2

C 300
04.12.2002
p. 10

Concluded : confirmation of duty

Product

Country of origin Regulation/ Decision

OJ Reference

Magnetic disks (3,5"
microdisks)

Hong Kong
Korea (Rep. of)

Magnetic disks (3,5"
microdisks)

P.R. China
Japan

No

Council Reg.
(EC) No 311/2002
18.02.2002

Council Reg.
(EC) No 312/2002
18.02.2002

L 50
21.02.2002
p. 13

L 50
21.02.2002
p. 24

*

Parallel interim review (see Annex G)

91

                                                
Ammonium nitrate*

Russia

Coumarin

P.R. China

Powdered activated carbon

P.R. China

Colour television receivers*

Polyester staple fibres*
(extended to polyester
filament tow)

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

Belarus

Council Reg.
(EC) No 658/2002
15.04.2002

Council Reg.
(EC) No 769/2002
07.05.2002

Council Reg.
(EC) No 1011/2002
10.06.2002

Council Reg.
(EC) No 1531/2002
14.08.2002

Council Reg.
(EC) No 1799/2002
08.10.2002

L 102
18.04.2002
p. 1

L 123
09.05.2002
p. 1

L 155
14.06.2002
p. 1

L 231
29.08.2002
p. 1

L 274
11.10.2002
p. 1

Concluded : termination

Product

Country of origin Regulation/ Decision

OJ Reference

Magnetic disks (3,5"
microdisks)

Taiwan

Peroxodisulphates

P.R. China

Bicycles

Indonesia
Malaysia
Thailand

Colour television receivers*

Singapore

No

Council Reg.
(EC) No 312/2002
18.02.2002

Council Reg.
(EC) No 695/2002
22.04.2002

Council Reg.
(EC) No 854/2002
21.05.2002

Council Reg.
(EC) No 1531/2002
14.08.2002

L 50
21.02.2002
p. 24

L 109
25.04.2002
p. 1

L 136
24.05.2002
p. 3

L 231
29.08.2002
p. 1

*

Parallel interim review (see Annex G)

92

                                                
ANNEX G

Interim reviews initiated or concluded

during the period 1 January – 31 December 2002

(chronological by date of publication)

Initiated

Product

Country of origin

OJ Reference

Bed linen (cotton-type)

India

Salmon (AD/AS)

Norway

Polyester textured filament
yarn

Taiwan

Polyester textured filament
yarn

Indonesia

Artificial corundum

P.R. China

Magnesia (dead-burned
sintered)

P.R. China

Ethanolamines

USA

Ferro-silico-manganese

Fluorspar

Certain footwear

Lighters (gas-fuelled, non-
refillable)

P.R. China
Ukraine

P.R. China

P.R. China
Indonesia
Thailand

P.R. China
Taiwan

Magnesium oxide

P.R. China

93

C 39
13.02.2002
p. 17

C 53
28.02.2002
p. 10

C 129
31.05.2002
p. 5

C 129
31.05.2002
p. 2

C 140
13.06.2002
p. 10

C 140
13.06.2002
p. 4

C 140
13.06.2002
p. 17

C 140
13.06.2002
p. 8

C 140
13.06.2002
p. 16

C 140
13.06.2002
p. 9

C 140
13.06.2002
p. 13

C 140
13.06.2002
p. 6

C 140
13.06.2002
p. 14

C 140
13.06.2002
p. 12

C 140
13.06.2002
p. 5

C 153
27.06.2002
p. 3

C 154
28.06.2002
p. 2

C 186
06.08.2002
p. 15

C 230
27.09.2002
p. 2

C 242
08.10.2002
p. 16

C 262
29.10.2002
p. 2

C 264
30.10.2002
p. 10

C 288
23.11.2002
p. 2

C 288,
23.11.2002
p. 11

Magnesium (unwrought
unalloyed)

P.R. China

Potassium permanganate

P.R. China

Urea

Russia

Lighters (gas-fuelled non-
refillable & refillable)

P.R. China
Taiwan

Polyethylene terephthalate
(PET) film (AS)

India

Grain-oriented electrical
sheets

Russia

Magnesium (unwrought,
unalloyed)

P.R. China

Grain-oriented electrical
sheets

Russia

Powdered activated carbon

P.R. China

Coumarin

P.R. China

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

Czech Rep.
Poland
Romania
Russia
Slovak Rep.

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

Croatia
Ukraine

*

Parallel expiry review (see Annex F)

94

                                                
Coke

P.R. China

Urea and ammonium nitrate
solutions

Lithuania

C 308
11.12.2002
p. 2

C 314
17.12.2002
p. 2

Concluded : confirmation/amendment of duty

Product

Country of origin Regulation/ Decision

OJ Reference

Salmon (AD/AS)

Norway

Ammonium nitrate*

Russia

Colour television receivers*

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

Sacks and bags of
polyethylene or polypropylene

India

Polyester staple fibres*
(extended to polyester
filament tow)

Belarus

Urea and ammonium nitrate
solutions

Poland

No

Council Reg.
(EC) No 322/2002
18.02.2002

Council Reg.
(EC) No 658/2002
15.04.2002

Council Reg.
(EC) No 1531/2002
14.08.2002

Council Reg.
(EC) No 1763/2002
30.09.2002

Council Reg.
(EC) No 1799/2002
08.10.2002

Council Reg.
(EC) No 1841/2002
14.10.2002

L 51
22.02.2002
p. 1

L 102
18.04.2002
p. 1

L 231
29.08.2002
p. 1

L 267
04.10.2002
p. 1

L 274
11.10.2002
p. 1

L 279
17.10.2002
p. 3

*

Parallel expiry review (see Annex F)

95

                                                
Concluded : termination

Product

Country of origin Regulation/ Decision

OJ Reference

Polysulphide polymers

USA

Personal fax machines

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

Colour television receivers*

Singapore

Artificial corundum

P.R. China

No

Council Reg.
(EC) No 268/2002
12.02.2002

Council Reg.
(EC) No 495/2002
18.03.2002

Council Reg.
(EC) No 1531/2002
14.08.2002

Automatic
termination following
expiry of the
measures

L 45
15.02.2002
p. 1

L 78
21.03.2002
p. 1

L 231
29.08.2002
p. 1

C 242
08.10.2002
p. 18

*

Parallel expiry review (see Annex F)

96

                                                
ANNEX H

Other reviews concluded

during the period 1 January – 31 December 2002

(chronological by date of publication)

Concluded : confirmation/amendment of duty

Product

Country of origin Regulation/ Decision

OJ Reference

Bed linen (cotton-type)

India

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

India

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

Romania

Flat pallets of wood

Poland

Urea

Lithuania

Bicycles

Taiwan

Seamless pipes and tubes of
iron or non-alloy steel

Ukraine

Salmon (AD/AS)

Norway

Television camera systems

Japan

Polypropylene binder or baler
twine

Hungary

97

No

Council Reg.
(EC) No 696/2002
22.04.2002

Commission Dec.
No 841/2002/ECSC
21.05.2002

Commission Dec.
No 979/2002/ECSC
03.06.2002

Council Reg.
(EC) No 1012/2002
10.06.2002

Council Reg.
(EC) No 1107/2002
25.06.2002

Council Reg.
(EC) No 1340/2002
22.07.2002

Council Reg.
(EC) No 1515/2002
16.08.2002

Council Reg.
(EC) No 1593/2002
03.09.2002

Council Reg.
(EC) No 1696/2002
23.09.2002

Council Reg.
(EC) No 2011/2002
11.11.2002

L 109
25.04.2002
p. 3

L 134
22.05.2002
p. 11

L 150
08.06.2002
p. 36

L 155
14.06.2002
p. 11

L 168
27.06.2002
p. 1

L 196
25.07.2002
p. 19

L 228
24.08.2002
p. 8

L 240
07.09.2002
p. 22

L 259
27.09.2002
p. 1

L 311
14.11.2002
p. 1

Steel ropes and cables

Turkey

Council Reg.
(EC) No 2288/2002
19.12.2002

L 348
21.12.2002
p. 52

Concluded : termination

Product

Country of origin Regulation/ Decision

OJ Reference

Bed linen (cotton-type)*

Pakistan

No

Council Reg.
(EC) No 160/2002
28.01.2002

L 26
30.01.2002
p. 1

Measures suspended

Product

Country of origin Regulation/ Decision

OJ Reference

Bed linen (cotton-type)*

Egypt

No

Council Reg.
(EC) No 160/2002
28.01.2002

L 26
30.01.2002
p. 1

*

Investigation carried out following Appellate Body Report and a panel report adopted by the
Dispute Settlement Body of the World Trade Organisation

98

                                                
ANNEX I

New exporter reviews initiated or concluded

during the period 1 January – 31 December 2002

(chronological by date of publication)

A. Anti-dumping investigations

Initiated

Product

Country of origin

OJ Reference

Stainless steel wire (= or > 1
mm)

India

L 194
23.07.2002
p. 27

Concluded : imposition/amendment of duty

Product

Country of origin Regulation/ Decision

OJ Reference

Polyethylene terephthalate

India

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

India

No

Council Reg.
(EC) No 496/2002
18.03.2002

Commission Dec.
No 1043/2002/ECSC
14.06.2002

L 78
21.03.2002
p. 4

L 157
15.06.2002
p. 45

Concluded : termination

Product

Country of origin

Stainless steel wire (= or > 1
mm)

India

Regulation/
Decision No

OJ Reference

Council Reg.
(EC) No 2289/2002
19.12.2002

L 348
21.12.2002
p. 54

99

B. Anti-subsidy investigations ("accelerated investigations")

Initiated

Product

Country of origin

OJ Reference

Stainless steel wire (= or > 1
mm)

India

Stainless steel wire (< 1 mm)

India

C 175
23.07.2002
p. 3

C 175
23.07.2002
p. 4

Concluded : imposition/amendment of duty

Product

Country of origin Regulation/ Decision

OJ Reference

Stainless steel wire (= or > 1
mm diameter)

India

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

India

No

Council Reg.
(EC) No 164/2002
28.01.2002

Commission Dec.
No 842/2002/ECSC
21.05.2002

L 30
31.01.2002
p. 9

L 134
22.05.2002
p. 18

Concluded : termination

Product

Country of origin Regulation/ Decision

OJ Reference

Stainless steel wire (< 1 mm)

India

Stainless steel wire (< 1 mm)

India

Stainless steel wire (= or > 1
mm)

India

No

Comm. Decision
No 2002/952/EC
03.12.2002

Comm. Decision
No 2002/950/EC
03.12.2002

Comm. Decision
No 2002/951/EC
03.12.2002

L 330
06.12.2002
p. 37

L 330
06.12.2002
p. 33

L 330
06.12.2002
p. 35

100

ANNEX J

Anti-absorption investigations initiated or concluded

during the period 1 January – 31 December 2002

(chronological by date of publication)

Initiated

Product

Country of origin

OJ Reference

Integrated electronic compact
fluorescent lamps

P.R. China

C 244
10.10.2002
p. 2

Concluded with increase of duty

Product

Country of origin Regulation/ Decision

OJ Reference

No

NONE

Concluded without increase of duty / termination

Product

Country of origin Regulation/ Decision

OJ Reference

No

NONE

101

ANNEX K

Anti-circumvention investigations initiated or concluded

during the period 1 January – 31 December 2002

(chronological by date of publication)

Initiated

Product

Country of origin Regulation/ Decision

OJ Reference

No

Malleable cast iron tube or
pipe fittings

Brazil
(consigned from
Argentina)

Commission Reg.
(EC) No 1693/2002
25.09.2002

Zinc oxides

Commission Reg.
(EC) No 2261/2002
18.12.2002

P.R. China
(other zinc oxides
from China and
zinc oxides
consigned from
Vietnam)

L 258
26.09.2002
p. 27

L 344
19.12.2002
p. 12

Concluded with extension of duty

Product

Country of origin
and/or
consignment

Regulation/ Decision
No

OJ Reference

Glyphosate

P.R. China
(Malaysia,
Taiwan)

Council Reg.
(EC) No 163/2002
28.01.2002

L 30
31.01.2002
p. 1

Exemptions granted

Product

Country of origin
and/or
consignment

Regulation/ Decision
No

OJ Reference

Bicycle parts

P.R. China

Commission Dec.
No 2002/134/EC
11.02.2002

L 47
19.02.2002
p. 43

102

Bicycle parts

P.R. China

Commission Dec.
No 2002/606/EC
16.07.2002

L 195
24.07.2002
p. 81

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 2002/134/EC
11.02.2002

L 47
19.02.2002
p. 43

Exemptions revoked

Product

Country of origin
and/or
consignment

Regulation/ Decision
No

OJ Reference

Bicycle parts

P.R. China

Commission Dec.
No 2002/606/EC
16.07.2002

L 195
24.07.2002
p. 81

103

ANNEX L

Safeguard investigations initiated or concluded

during the period 1 January – 31 December 2002

(chronological by date of publication)

Initiated

Product

Country of origin

Steel products (21 types)

Erga omnes

OJ Reference

C 77
28.03.2002
p. 39

Imposition of provisional measures

Product

Country of origin Regulation/ Decision

OJ Reference

Steel products (15 types)

Erga omnes

No

Commission Reg.
(EC) No 560/2002
27.03.2002

L 85
28.03.2002
p. 1

Imposition of definitive measures

Product

Country of origin Regulation/ Decision

OJ Reference

Steel products (7 types)

Erga omnes

No

Commission Reg.
(EC) No 1694/2002
27.09.2002

L 261
28.09.2002
p. 1

Investigation terminated

Product

Country of origin Regulation/ Decision

OJ Reference

Steel products (11 types)

Erga omnes

No

Commission Reg.
(EC) No 1695/2002
27.09.2002

L 261
28.09.2002
p. 124

104

Investigation pending

Product

Country of origin Regulation/ Decision

OJ Reference

Steel products (3 types)

Erga omnes

No

Commission Reg.
(EC) No 1694/2002
27.09.2002

L 261
28.09.2002
p. 1

Reviews initiated

Examination of
double protection

OJ Reference

C 308
11.12.2002
p. 36

Product

Country of origin

Steel products :
- flat-rolled products of iron or
non-alloy steel
- tube and pipe fittings, of iron
or steel

Bulgaria
South Africa
Yugoslavia (F.R.)
India
Thailand
Taiwan
P.R. China
Czech Rep.
Malaysia
Korea (Rep. of)
Russia
Slovakia

105

ANNEX M

Undertakings accepted or repealed

during the period 1 January – 31 December 2002

(chronological by date of publication)

Undertakings accepted

Product

Country of
origin

Regulation N°

OJ Reference

Salmon (AD/AS)

Norway

Tube and pipe fittings, of iron
or steel

Slovakia
(prov. stage)

Polyethylene terephthalate

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)

India

India

Flat pallets of wood

Poland

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

India

Urea

Lithuania

Sulphanilic acid (AD/AS)

India

Commission Dec.
No 2002/157/EC
05.02.2002

Commission Reg.
(EC) No 358/2002
26.02.2002

Commission Dec.
No 2002/232/EC
27.02.2002

Commission Dec.
No 841/2002/ECSC
21.05.2002

Commission Dec.
No 842/2002/ECSC
21.05.2002

Commission Dec.
No 2002/380/EC
22.05.2002

Commission Dec.
No 1043/2002/ECSC
14.06.2002

Commission Dec.
No 2002/498/EC
05.06.2002

Commission Dec.
No 2002/611/EC
12.07.2002

L 51
22.02.2002
p. 32

L 56
27.02.2002
p. 4

L 78
21.03.2002
p. 12

L 134
22.05.2002
p. 11

L 134
22.05.2002
p. 18

L 135
23.05.2002
p. 24

L 157
15.06.2002
p. 45

L 168
27.06.2002
p. 51

L 196
25.07.2002
p. 36

106

Tube and pipe fittings, of iron
or steel

Czech Rep.

Colour television receivers

P.R. China

Salmon (AD/AS)

Norway

Commission Dec.
No 2002/675/EC
23.08.2002

Commission Dec.
No 2002/683/EC
29.07.2002

Commission Dec.
No 2002/743/EC
07.09.2002

L 228
24.08.2002
p. 34

L 231
29.08.2002
p. 42

L 240
07.09.2002
p. 51

Undertakings repealed with imposition of definitive measures

Product

Country of
origin

Regulation N°

OJ Reference

Flat pallets of wood

Poland

Flat pallets of wood

Poland

Seamless pipes and tubes of
iron or non-alloy steel

Ukraine

Salmon (AD/AS)

Norway

Polypropylene binder or baler
twine

Hungary

Commission Dec.
No 2002/380/EC
22.05.2002

Council Reg.
(EC) No 1012/2002
10.06.2002

Commission Dec.
No 2002/669/EC
05.08.2002

Commission Dec.
No 2002/743/EC
07.09.2002

Commission Dec.
No 2002/890/EC
21.10.2002

L 135
23.05.2002
p. 24

L 155
14.06.2002
p. 11

L 228
24.08.2002
p. 20

L 240
07.09.2002
p. 51

L 311
14.11.2002
p. 20

107

Undertakings withdrawn

Product

Country of
origin

Regulation N°

OJ Reference

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

Romania

Steel ropes and cables

Turkey

Commission Dec.
No 979/2002/ECSC
03.06.2002

Commission Reg.
(EC) No 2303/2002
09.12.2002

L 150
08.06.2002
p. 36

L 348
21.12.2002
p. 80

Undertakings which expired

Product

Country of
origin

Original measure(s)
& OJ Reference

OJ Reference

Lighters (gas-fuelled, non-
refillable pocket flint lighters)

Philippines
Mexico

Zinc (unwrought, unalloyed)

Poland

C 47
21.02.2002
p. 3

Decision
No 97/167/EC
(OJ L 65, 06.03.97)
as last amended by
Decision
No 2001/545/EC
(OJ L 195, 19.07.2001)

Decision
No 97/644/EC
(OJ L 272, 04.10.97)

C 240
05.10.2002
p. 3

108

Flat pallets of wood

Poland

C 280
16.11.2002
p. 7

Regulation (EC)
No 1023/97
(OJ L 150, 7.6.1997)
as last amended by
Regulation (EC)
No 1633/97
(OJ L 225, 15.8.1997)

Decision
No 97/797/EC
(OJ L 324, 27.11.1997)

Decision
No 98/554/EC
(OJ L 266, 1.10.1998)

Decision
No 1999/642/EC
(OJ L 255, 30.9.1999)

Decision
No 2000/437/EC
(OJ L 175, 14.7.2000)

Decision
No 2001/643/EC
(OJ L 227, 23.8.2001)

Decision
No 2002/380/EC
(OJ L 135, 23.5.2002)

Seamless pipes and tubes or iron
or non alloy steel

Hungary

Decision
No 97/790/EC
OJ L 322, 25.11.1997)

C 281
19.11.2002
p. 3

109

ANNEX N

Measures which expired

during the period 1 January – 31 December 2002

(chronological by date of publication)

Product

Country of origin

Ring binder mechanisms

Malaysia

Lighters (gas-fuelled, non-
refillable pocket flint lighters)

Thailand
Philippines
Mexico

Bed linen (cotton-type)

Egypt

Handbags (leather)

P.R. China

Zinc (unwrought, unalloyed)

Poland
Russia

Artificial corundum

P.R. China

Advertising matches

Japan

Footwear (with textile uppers)

P.R. China
Indonesia

Flat pallets of wood

Poland

Seamless pipes and tubes or
iron or non alloy steel

Hungary

110

Original measure
&
OJ Reference

Council Reg.
(EC) No 119/97
(OJ L 22, 24.01.97)

Council Reg.
(EC) No 423/97
(OJ L 65, 06.03.97)

Council Reg.
(EC) No 2398/97
(OJ L 332, 04.12.97)

Council Reg.
(EC) No 1567/97
(OJ L 208, 02.08.97)

Council Reg.
(EC) No 1931/97
(OJ L 272, 04.10.97)

Council Reg.
(EC) No 1951/97
(OJ L 276, 09.10.97)

Council Reg.
(EC) No 2025/97
(OJ L 284, 16.10.97)

Council Reg.
(EC) No 2155/97
(OJ L 298, 1.11.97)

Council Reg.
(EC) No 2334/97
(OJ L 423, 27.11.97)

Council Reg.
(EC) No 2320/97
(OJ L 322, 25.11.97)

Publication

C 16
19.01.2002
p. 10

C 47
21.02.2002
p. 3

C 65
14.03.2002
p. 12

C 183
01.08.2002
p. 7

C 240
05.10.2002
p. 3

C 242
08.10.2002
p. 18

C 243
09.10.2002
p. 18

C 255
23.10.2002
p. 12

C 280
16.11.2002
p. 7

C 281
19.11.2002
p. 3

ANNEX O

Definitive anti-dumping measures in force on 31 December 2002

A. Ranked by product (alphabetical)

Product

Origin

Measure

Regulation N°

Publication

Aluminium foil

P.R. China
Russia

Duties

Russia

Undertakings

Ammonium nitrate

Russia

Duties

Poland
Ukraine

Bed linen (cotton-type)

India

Duties

Duties

Bicycles

P.R. China

Duties

Taiwan

Duties

111

Council Reg.
(EC) No 950/2001
14.05.2001

Commission Dec.
No 2001/381/EC
16.05.2001
Council Reg.
(EC) No 658/2002
15.04.2002

Council Reg.
(EC) No 132/2001
22.01.2001
Council Reg.
(EC) No 2398/97
28.11.97
as last amended and
suspended by
Council Reg.
(EC) No 1644/2001
07.08.2001
and confirmed by
Council Reg.
(EC) No 696/2002
22.04.2002
Council Reg.
(EC) No 1524/2000
10.07.2000
and extended to
bicycle parts by
Council Reg.
(EC) No 71/97
10.01.97
as last amended by
Commission Dec.
No 2002/134/EC
11.02.2002

Council Reg.
(EC) No 397/99
22.02.99
as last amended by
Council Reg.
(EC) No 1340/2002
22.07.2002

L 134
17.05.2001
p. 1

L 134
17.05.2001
p. 67
L 102
18.04.2002
p. 1

L 23
25.01.2001
p. 1
L 332
04.12.97
p. 1

L 219
14.08.2001
p. 1

L 109
25.04.2002
p. 3

L 175
14.07.2000
p. 39

L 16
18.01.97
p. 1

L 47
19.02.2002
p. 43

L 49
25.02.99
p. 1

L 196
25.07.2002
p. 19

Product

Origin

Measure

Regulation N°

Publication

Binder or baler twine
(polypropylene)

Poland
Czech Rep.
Hungary

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)

Colour televisions receivers

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

Duties

Duties

P.R. China

Undertakings

Compact disk recordables

Taiwan

Duties

Coumarin

P.R. China

Duties

Electronic weighing scales

Japan

Duties

Singapore

Duties

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

Duties

112

Council Reg.
(EC) No 603/99
15.03.99
as last amended by
Council Reg.
(EC) No 2011/2002
11.11.2002

Commission Dec.
No 1999/215/EC
16.03.99
as last amended by
Commission Dec.
No 2002/890/EC
21.10.2002
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 1531/2002
14.08.2002

Commission Dec.
No 2002/683/EC
29.07.2002
Council Reg.
(EC) No 1050/2002
13.06.2002
Council Reg.
(EC) No 769/2002
07.05.2002
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 75
20.03.99
p. 1

L 311
14.11.2002
p. 1

L 75
20.03.99
p. 34

L 311
14.11.2002
p. 20
L 259
13.10.2000
p. 1
L 316
15.12.2000
p. 30
L 267
20.10.2000
p. 1
L 231
29.08.2002
p. 1

L 231
29.08.2002
p. 42
L 160
18.06.2002
p. 2
L 123
09.05.2002
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

Ethanolamines

USA

Duties

Ferro molybdenum

P.R. China

Duties

Ferro-silico-manganese

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

P.R. China
Ukraine

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

Bulgaria
India
South Africa

Duties

Undertaking
Duties

Undertakings

Fluorspar

P.R. China

Duties

Footwear (with uppers of
leather or plastics)

Furfuraldehyde

Glyphosate

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

P.R. China
Malaysia
Taiwan

Duties

Duties

Duties

Grain-oriented electrical steel
sheets

Russia

Duties
Undertakings

113

Council Reg.
(EC) No 1603/2000
20.07.2000
Council Reg.
(EC) No 215/2002
28.01.2002
Council Reg.
(EC) No 495/98
23.02.98

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 1043/2002/ECSC
14.06.2002
Council Reg.
(EC) No 2011/2000
18.09.2000
Council Reg.
(EC) No 467/98
23.02.98
Council Reg.
(EC) No 2722/99
17.12.99
Council Reg.
(EC) No 368/98
16.02.98
as last amended by
Council Reg.
(EC) No 1086/2000
22.05.2000
and extended to such
imports consigned
from Malaysia &
Taiwan by
Council Reg.
(EC) No 163/2002
28.01.2002
Commission Dec.
No 303/96/ECSC
19.02.96

L 185
25.07.2000
p. 1
L 35
06.02.2002
p. 1
L 62
03.03.98
p. 1

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

L 157
15.06.2002
p. 45
L 241
26.09.2000
p. 5
L 60
28.02.98
p. 1
L 328
22.12.99
p. 1
L 47
18.02.98
p. 1

L 124
25.05.2000
p. 1

L 30
31.01.2002
p. 1
L 42
20.02.96
p. 7

Product

Origin

Measure

Regulation N°

Publication

Hardboard

Duties

Undertakings

Bulgaria
Estonia
Latvia
Lithuania
Poland
Russia

Bulgaria
Estonia
Lithuania
Poland

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

P.R. China
India
Romania

Duties

India

Undertakings

Internal gear hubs for bicycles

Japan

Duties

Lamps (integrated electronic
compact fluorescent)

P.R. China

Duties

Lighters (non-refillable and
refillable)

P.R. China
Taiwan

Duties

Magnesium (deadburned)

P.R. China

Duties

Magnesium (unwrought,
unalloyed)

P.R. China

Duties

Magnesium oxide (caustic
magnesite)

P.R. China

Duties

Council Reg.
(EC) No 194/99
25.01.99
as last amended by
Council Reg.
(EC) No 1899/2001
27.09.2001

Commission Dec.
No 1999/71/EC
06.01.99
as last amended by
Commission Dec.
No 2001/707/EC
21.08.2001
Commission Dec.
No 1758/2000/ECSC
09.08.2000
as last amended by
Commission Dec.
No 979/2002/ECSC
03.06.2002
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 360/2000
14.02.2000
Council Reg.
(EC) No 2402/98
03.11.98
as last amended by
Council Reg.
(EC) No 2788/2000
18.12.2000

Council Reg.
(EC) No 1334/99
21.06.99

L 22
29.01.99
p. 16

L 261
29.09.2001
p. 1

L 22
29.01.99
p. 71

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

L 150
08.06.2002
p. 36
L 282
26.10.2001
p. 1
L 195
19.07.2001
p. 8
L 248
18.09.2001
p. 1

L 46
18.02.2000
p. 1
L 298
07.11.98
p. 1

L 324
21.12.2000
p. 4

L 159
25.06.99
p. 1

114

Product

Origin

Measure

Regulation N°

Publication

Magnetic disks (3,5”
microdisks)

P.R. China
Japan

Hong Kong
Korea (Rep. of)

Duties

Duties

Indonesia

Duties

Monosodium glutamate

PET (polyethylene
terephthalate)

Duties

Duties

Brazil
Vietnam
Korea (Rep. of)
Taiwan
India
Indonesia
Korea (Rep. of)
Malaysia
Taiwan
Thailand

India
Indonesia

Undertakings

PET (polyethylene
terephthalate) film

India
Korea (Rep. of)

Duties

India

Undertakings

Polyester filament tow
(extension of polyester staple
fibre)
Polyester staple fibre

Belarus

Belarus

Duties

Duties

Council Reg.
(EC) No 312/2002
18.02.2002

Council Reg.
(EC) No 311/2002
18.02.2002

Council Reg.
(EC) No 1821/98
29.07.98
as last amended by
Council Reg.
(EC) No 2537/99
29.11.99
Council Reg.
(EC) No 2051/98
24.09.98

Council Reg.
(EC) No 2604/2000
27.11.2000
as last amended by
Council Reg.
(EC) No 496/2002
18.03.2002

Commission Dec.
No 2000/745/EC
29.11.2000
as last amended by
Commission Dec.
No 2002/232/EC
27.02.2002
Council Reg.
(EC) No 1676/2001
13.08.2001

Commission Dec.
No 2001/645/EC
22.08.2001
Council Reg.
(EC) No 1799/2002
08.10.2002
Council Reg.
(EC) No 1799/2002
08.10.2002
extended to polyester
filament tow

L 50
21.02.2002
p. 24

L 50
21.02.2002
p. 13

L 236
22.08.98
p. 1

L 307
02.12.99
p. 1
L 264
29.09.98
p. 1

L 301
30.11.2000
p. 21

L 78
21.03.2002
p. 4

L 301
30.11.2000
p. 88

L 78
21.03.2002
p. 12
L 227
23.08.2001
p. 1

L 227
23.08.2001
p. 56
L 274
11.10.2002
p. 1
L 274
11.10.2002
p. 1

115

Product

Origin

Measure

Regulation N°

Publication

Polyester staple fibres

India
Korea (Rep. of)

Duties

India

Undertakings

Polyester textured filament
yarns (PTY)

Taiwan

Duties

Indonesia
Thailand

Duties

Malaysia

Duties

India

Belarus
Russia
Ukraine
P.R. China

India
Ukraine

Duties

Duties

Duties

Duties

Potassium chloride

Potassium permanganate

Powdered activated carbon

P.R. China

Duties

116

Council Reg.
(EC) No 2852/2000
22.12.2000

Commission Dec.
No 2000/818/EC
19.12.2000
Council Reg.
(EC) No 1074/96
14.06.96
as last amended by
Council Reg.
(EC) No 2010/2000
18.09.2000

Council Reg.
(EC) No 2160/96
11.11.96
as last amended by
Council Reg.
(EC) No 1078/2001
31.05.2001

Council Reg.
(EC) No 1001/97
02.06.97
as last amendec y
Council Reg.
(EC) No 1992/2000
18.09.2000

Council Reg.
(EC) No 2093/2002
26.11.2002
Council Reg.
(EC) No 969/2000
08.05.2000
Council Reg.
(EC) No 299/2001
12.11.2001

Council Reg.
(EC) No 1507/98
13.07.98
Council Reg.
(EC) No 1011/2002
10.06.2002

L 332
28.12.2000
p. 17

L 332
28.12.2000
p. 116
L 141
14.06.96
p. 45

L 241
26.09.2000
p. 1

L 289
12.11.96
p. 14

L 149
02.06.2001
p. 5

L 145
05.06.97
p. 1

L 238
22.09.2000
p. 1

L 323
28.11.2002
p. 1
L 112
11.05.2000
p. 4
L 44
15.02.2001
p. 4

L 200
16.07.98
p. 4
L 155
14.06.2002
p. 1

Product

Origin

Measure

Regulation N°

Publication

Council Reg.
(EC) No 119/97
20.01.97
as last amended by
Council Reg.
(EC) No 2100/2000
29.09.2000

Council Reg.
(EC) No 976/2002
04.06.2002
Council Reg.
(EC) No 2003/97
13.10.97
Council Reg.
(EC) No 1950/97
06.10.97
as last amended by
Council Reg.
(EC) No 1763/2002
30.09.2002
Council Reg.
(EC) No 1890/97
26.09.97
repealed by
Council Reg.
(EC) No 772/99
30.03.99
as last amended by
Council Reg.
(EC) No 1593/2002
03.09.2002

Commission Dec.
No 97/634/EC
26.09.97
as last amended by
Commission Dec.
No 2002/743/EC
14.08.2002

L 22
24.01.97
p. 1

L 250
05.10.2000
p. 1

L 150
08.06.2002
p. 1
L 284
16.10.97
p. 1
L 276
09.10.97
p. 1

L 267
04.10.2002
p. 1
L 267
30.09.97
p. 1

L 101
16.04.99
p. 1

L 240
07.09.2002
p. 22

L 267
30.09.97
p. 81

L 240
07.09.2002
p. 51

Ring binder mechanisms

P.R. China

Duties

Indonesia

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

117

Product

Origin

Measure

Regulation N°

Publication

Seamless pipes and tubes of
non-alloy steel

Croatia
Ukraine

Duties

Croatia

Undertakings

Seamless steel pipes and tubes Czech Republic

Duties

Poland
Romania
Russia
Slovak Republik

Czech Republic
Poland
Romania
Slovak Republik

Undertakings

Russia

Undertakings

P.R. China
Russia
Ukraine

Duties

Russia

Undertakings

Silicon carbide

Silicon metal

P.R. China

Duties

Council Reg.
(EC) No 348/2000
14.02.2000
as last amended by
Council Reg.
(EC) No 1515/2002
16.08.2002

Commission Dec.
No 2000/137/EC
17.02.2000
as last amended by
Commission Dec.
No 2002/669/EC
05.08.2002
Council Reg.
(EC) No 2320/97
17.11.97
as last amended by
Council Reg.
(EC) No 190/2000
24.01.2000

Commission Dec.
No 97/790/EC
24.10.97

Commission Dec.
No 2000/70/EC
22.12.1999

Council Reg.
(EC) No 1100/2000
22.05.2000

Commission Dec.
No 94/202/EC
09.03.94
prolonged by above
Council Reg.
Council Reg.
(EC) No 2496/97
11.12.97

L 45
17.02.2000
p. 1

L 228
24.08.2002
p. 8

L 46
18.02.2000
p. 34

L 228
24.08.2002
p. 20
L 322
25.11.97
p. 1

L 23
28.01.2000
p. 1

L 322
25.11.97
p. 63

L 23
28.01.2000
p. 78
L 125
26.05.2000
p. 3

L 94
13.04.94
p. 32

L 345
16.12.97
p. 1

118

Product

Origin

Measure

Regulation N°

Publication

Solutions of urea and
ammonium nitrate

Stainless steel fasteners

Algeria
Belarus
Lithuania
Russia
Ukraine

Algeria

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

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

India

Steel ropes and cables

P.R. China
Hungary
India
Mexico
Poland
South Africa
Ukraine

Hungary
Poland

India
Mexico
South Africa
Ukraine

Duties

Council Reg.
(EC) No 1995/2000
18.09.2000

L 238
22.09.2000
p. 15

Undertakings

Duties

Duties

Duties

Commission Reg.
(EC) No 617/2000
16.03.2000
Council Reg.
(EC) No 393/98
16.02.98
as last amended by
Council Reg.
(EC) No 2570/2000
20.11.2000
Council Reg.
(EC) No 1600/99
12.07.99
Council Reg.
(EC) No 1796/99
12.08.99

L 75
24.03.2000
p. 3
L 50
20.02.98
p. 1

L 297
24.11.2000
p. 1
L 189
22.07.99
p. 19
L 217
17.08.99
p. 1

Undertakings

Undertakings

Council Reg.
(EC) No 1796/99
12.08.99

Commission Dec.
No 1999/572/EC
13.08.99

L 217
17.08.99
p. 1

L 217
17.08.99
p. 63

119

Product

Origin

Measure

Regulation N°

Publication

Czech Rep.
Russia
Thailand
Turkey

Duties

Czech Rep.
Turkey

Undertakings

Styrene-butadiene-styrene
thermosplastic rubber

Sulphanilic acid

Synthetic fibre ropes

Russia
Thailand

Taiwan

P.R. China
India

India

India

Synthetic fibres of polyester

Taiwan

Synthetic staple fibres of
polyester

Television camera systems

Australia
Indonesia
Thailand
Japan

Undertakings

Duties

Duties

Undertakings

Duties

Duties

Duties

Duties

Council Reg.
(EC) No 1601/2001
02.08.2001
as last amended by
Council Reg.
(EC) No 2288/2002
19.12.2002

Commission Reg.
(EC) No 230/2001
02.02.2001
as last amended by
Commission Reg.
(EC) No 2303/2000
09.12.2002

Commission Dec.
No 2001/602/EC
26.07.2001
Council Reg.
(EC) No 1993/2000
18.09.2000
Council Reg.
(EC) No 1339/2002
22.07.2002

Commission Dec.
No 2002/611/EC
12.07.2002
Council Reg.
(EC) No 1312/98
24.06.98
Council Reg.
(EC) No 1728/99
04.08.99
Council Reg.
(EC) No 1522/2000
10.07.2000
Council Reg.
(EC) No 2042/2000
26.09.2000
as last amended by
Council Reg.
(EC) No 1696/2002
23.09.2002

L 211
04.08.2001
p. 1

L 348
21.12.2002
p. 52

L 34
03.02.2001
p. 4

L 348
21.12.2002
p. 80

L 211
04.08.2001
p. 48
L 238
22.09.2000
p. 4
L 196
25.07.2002
p. 11

L 196
25.07.2002
p. 36
L 183
26.06.98
p. 1
L 204
04.08.99
p. 3
L 175
14.07.2000
p. 10
L 244
29.09.2000
p. 38

L 259
27.09.2002
p. 1

120

Product

Origin

Measure

Regulation N°

Publication

Council Reg.
(EC) No 584/96
11.03.96
as last amended by
Council Reg.
(EC) No 1592/2000
17.07.2000
and extended as
concerns China to
such imports from
Taiwan by
Council Reg;
(EC) No 763/2000
10.04.2000
as last amended by
Council Reg.
(EC) No 2314/2000
17.10.2000

Commission Dec.
No 96/252/EC
01.03.96
as last amended by
Commission Dec.
No 2000/453/EC
11.07.2000

Council Reg.
(EC) No 1514/2002
19.08.2002

Commission Reg.
(EC) No 358/2002
26.02.2002

Commission Dec.
No 2002/675/EC
23.08.2002

L 84
03.04.96
p. 1

L 182
21.07.2000
p. 1

L 94
14.04.2000
p. 1

L 267
20.10.2000
p. 15

L 84
03.04.96
p. 46

L 182
21.07.2000
p. 25

L 228
24.08.2002
p. 1

L 56
27.02.2002
p. 4

L 228
24.08.2002
p. 34

Tube and pipe fitting, of iron
or steel

P.R. China
Thailand
Taiwan

Duties

Thailand

Undertakings

Duties

Czech Rep.
Korea (Rep. of)
Malaysia
Russia
Slovakia

Slovakia

Undertakings

Czech Rep.

Undertakings

121

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

Russia

Duties

Belarus
Bulgaria
Croatia
Estonia
Libya
Lithuania
Romania
Ukraine

Bulgaria

Duties

Undertakings

Lithuania

Undertakings

Urea ammonium nitrate
solutions

Poland

Duties

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

Duties

Czech Rep.
Poland
Thailand
Turkey
Ukraine

122

Commission Reg.
(EC) No 449/2000
28.02.2000

Commission Dec.
No 2000/523/EC
10.08.2000
Council Reg.
(EC) No 771/98
07.04.98
Council Reg.
(EC) No 901/2001
07.05.2001

Council Reg.
(EC) No 92/2002
17.01.2002
as last amended by
Council Reg.
(EC) No 1107/2002
25.06.2002

Commission Reg.
(EC) No 1497/2001
20.07.2001

Commission Dec.
No 2002/498/EC
05.06.2002
Council Reg.
(EC) No 900/2001
07.05.2001
as last amended by
Council Reg.
(EC) No 1841/2002
14.10.2002
Council Reg.
(EC) No 1697/2002
23.09.2002

L 55
29.02.2000
p. 3

L 208
18.08.2000
p. 53
L 111
09.04.98
p. 1
L 127
09.05.2001
p. 11

L 17
19.01.2002
p. 1

M 168
27.06.2002
p. 1

L 197
21.07.2001
p. 4

L 168
27.06.2002
p. 51
L 127
09.05.2001
p. 1

L 279
17.10.2002
p. 3
L 259
27.09.2002
p. 8

Product

Origin

Measure

Regulation N°

Publication

Zinc oxides

P.R. China

Duties

Council Reg.
(EC) No 408/2002
28.02.2002

L 62
05.03.2002
p. 7

B. Ranked by country (alphabetical)

Origin

Product

Measure

Regulation N°

Publication

Algeria

Solutions of urea and
ammonium nitrate

Duties

Australia

Belarus

Synthetic staple fibres of
polyester

Polyester filament tow
(extension of polyester staple
fibre)
Polyester staple fibre

Potassium chloride

Solutions of urea and
ammonium nitrate

Urea

Undertakings

Duties

Duties

Duties

Duties

Duties

Duties

Brazil

Monosodium glutamate

Duties

Tube or pipe fittings
(malleable cast iron)

Duties

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 1799/2002
08.10.2002
Council Reg.
(EC) No 1799/2002
08.10.2002
extended to polyester
filament tow
Council Reg.
(EC) No 969/2000
08.05.2000
Council Reg.
(EC) No 1995/2000
18.09.2000
Council Reg.
(EC) No 92/2002
17.01.2002
as last amended by
Council Reg.
(EC) No 1107/2002
25.06.2002
Council Reg.
(EC) No 2051/98
24.09.98
Council Reg.
(EC) No 1784/2000
11.08.2000

L 238
22.09.2000
p. 15

L 75
24.03.2000
p. 3
L 175
14.07.2000
p. 10
L 274
11.10.2002
p. 1
L 274
11.10.2002
p. 1

L 112
11.05.2000
p. 4
L 238
22.09.2000
p. 15
L 17
19.01.2002
p. 1

L 168
27.06.2002
p. 1
L 264
29.09.98
p. 1
L 208
18.08.2000
p. 8

123

Origin

Product

Measure

Regulation N°

Publication

Bulgaria

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

Duties
Undertakings

Hardboard

Duties

Undertakings

Urea

Duties

P.R. China

Aluminium foil

Bicycles

Undertaking

Duties

Duties

124

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 1043/2002/ECSC
14.06.2002
Council Reg.
(EC) No 194/99
25.01.99
as last amended by
Council Reg.
(EC) No 1899/2001
27.9.2001

Commission Dec.
No 1999/71/EC
06.01.99
as last amended by
Commission Dec.
No 2001/707/EC
21.08.2001
Council Reg.
(EC) No 92/2002
17.01.2002
as last amended by
Council Reg.
(EC) No 1107/2002
25.06.2002

Commission Reg.
(EC) No 1497/2001
20.07.2001
Council Reg.
(EC) No 950/2001
14.05.2001
Council Reg.
(EC) No 1524/2000
10.07.2000
and extended to
bicycle parts by
Council Reg.
(EC) No 71/97
10.01.97
as last amended by
Commission Dec.
No 2002/134/EC
11.02.2002

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

L 157
15.06.2002
p. 45
L 22
29.01.99
p. 16

L 261
29.09.2001
p. 1

L 22
29.01.99
p. 71

L 261
29.09.2001
p. 65
L 17
19.01.2002
p. 1

L 168
27.06.2002
p. 1

L 197
21.07.2001
p. 4
L 134
17.05.2001
p. 1
L 175
14.07.2000
p. 39

L 16
18.01.97
p. 1

L 47
19.02.2002
p. 43

Origin

Product

Measure

Regulation N°

Publication

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

Duties

Colour television receivers

Duties

Undertakings

Coumarin

Duties

Electronic weighing scales

Duties

Ferro molybdenum

Duties

Ferro-silico-manganese

Duties

Fluorspar

Footwear (with uppers of
leather or plastics)

Furfuraldehyde

Glyphosate

Duties

Duties

Duties

Duties

Commission Dec.
No 2730/2000/ECSC
14.12.2000
Council Reg.
(EC) No 1531/2002
14.08.2002

Commission Dec.
No 2002/683/EC
29.07.2002
Council Reg.
(EC) No 769/2002
07.05.2002
Council Reg.
(EC) No 2605/2000
27.11.2000
Council Reg.
(EC) No 215/2002
28.01.2002
Council Reg.
(EC) No 495/98
23.02.98
Council Reg.
(EC) No 2011/2000
18.09.2000
Council Reg.
(EC) No 467/98
23.02.98
Council Reg.
(EC) No 2722/99
17.12.99
Council Reg.
(EC) No 368/98
16.02.98
as last amended by
Council Reg.
(EC) No 1086/2000
22.05.2000
and extended to such
imports consigned
from Malaysia &
Taiwan by
Council Reg.
(EC) No 163/2002
28.01.2002

L 316
15.12.2000
p. 30
L 231
29.08.2002
p. 1

L 231
29.08.2002
p. 42
L 123
09.05.2002
p. 1
L 301
30.11.2000
p. 42
L 35
06.02.2002
p. 1
L 62
03.03.98
p. 1
L 241
26.09.2000
p. 5
L 60
28.02.98
p. 1
L 328
22.12.99
p. 1
L 47
18.02.98
p. 1

L 124
25.05.2000
p. 1

L 30
31.01.2002
p. 1

125

Origin

Product

Measure

Regulation N°

Publication

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

Duties

Lamps (integrated electronic
compact fluorescent)

Lighters (non-refillable and
refillable)

Duties

Duties

Magnesium (deadburned)

Duties

Magnesium (unwrought,
unalloyed)

Duties

Magnesium oxide (caustic
magnesite)

Magnetic disks (3,5”
microdisks)

Duties

Duties

Potassium permanganate

Duties

Powdered activated carbon

Duties

Ring binder mechanisms

Duties

Sacks and bags (woven
polyolefin)

Silicon carbide

Silicon metal

Duties

Duties

Duties

126

Commission Dec.
No 1758/2000/ECSC
09.08.2000
as last amended by
Commission Dec.
No 979/2002/ECSC
03.06.2002
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
03.11.98
as last amended by
Council Reg.
(EC) No 2788/2000
18.12.2000
Council Reg.
(EC) No 1334/99
21.06.99
Council Reg.
(EC) No 312/2002
18.02.2002
Council Reg.
(EC) No 299/2001
12.02.2001
Council Reg.
(EC) No 1011/2002
10.06.2002
Council Reg.
(EC) No 119/97
20.01.97
as last amended by
Council Reg.
(EC) No 2100/2000
29.09.2000
Council Reg.
(EC) No 2003/97
13.10.97
Council Reg.
(EC) No 1100/2000
22.05.2000
Council Reg.
(EC) No 2496/97
11.12.97

L 202
10.08.2000
p. 21

L 150
08.06.2002
p. 36
L 195
19.07.2001
p. 8
L 248
18.09.2001
p. 1
L 46
18.02.2000
p. 1
L 298
07.11.98
p. 1

L 324
21.12.2000
p. 4
L 159
25.06.99
p. 1
L 50
21.02.2002
p. 24
L 44
15.02.2001
p. 4
L 155
14.06.2002
p. 1
L 22
24.01.97
p. 1

L 250
05.10.2000
p. 1
L 284
16.10.97
p. 1
L 125
26.05.2000
p. 3
L 345
16.12.97
p. 1

Origin

Product

Measure

Regulation N°

Publication

Stainless steel fasteners

Duties

Steel ropes and cables

Duties

Sulphanilic acid

Tube or pipe fittings
(malleable cast iron)

Tube and pipe fitting, of iron
or steel

Duties

Duties

Duties

Tungsten carbide and fused
tungsten carbide

Zinc oxides

Duties

Duties

Council Reg.
(EC) No 393/98
16.02.98
as last amended by
Council Reg.
(EC) No 2570/2000
20.11.2000
Council Reg.
(EC) No 1796/99
12.08.99
Council Reg.
(EC) No 1339/2002
22.07.2002
Council Reg.
(EC) No 1784/2000
11.08.2000
Council Reg.
(EC) No 584/96
11.03.96
as last amended by
Council Reg.
(EC) No 1592/2000
17.07.2000
and extended as
concerns China to
such imports from
Taiwan by
Council Reg.
(EC) No 763/2000
10.04.2000
as last amended by
Council Reg.
(EC) No 2314/2000
17.10.2000
Council Reg.
(EC) No 771/98
07.04.98
Council Reg.
(EC) No 408/2002
28.02.2002

L 50
20.02.98
p. 1

L 297
24.11.2000
p. 1
L 217
17.08.99
p. 1
L 196
25.07.2002
p. 11
L 208
18.08.2000
p. 8
L 84
03.04.96
p. 1

L 182
21.07.2000
p. 1

L 94
14.04.2000
p. 1

L 267
20.10.2000
p. 15
L 111
09.04.98
p. 1
L 62
05.03.2002
p. 7

127

Origin

Product

Measure

Regulation N°

Publication

Croatia

Seamless pipes and tubes of
non-alloy steel

Duties

Undertakings

Urea

Duties

Czech Republic

Binder or baler twine
(polypropylene)

Duties

Undertakings

Seamless steel pipes and tubes

Duties

Undertakings

128

Council Reg.
(EC) No 348/2000
14.02.2000
as last amended by
Council Reg.
(EC) No 1515/2002
16.08.2002

Commission Dec.
No 2000/137/EC
17.02.2000
as last amended by
Commission Dec.
No 2002/669/EC
05.08.2002
Council Reg.
(EC) No 92/2002
17.01.2002
as last amended by
Council Reg.
(EC) No 1107/2002
25.06.2002
Council Reg.
(EC) No 603/99
15.03.99
as last amended by
Council Reg.
(EC) No 2011/2002
11.11.2002

Commission Dec.
No 1999/215/EC
16.03.99
as last amended by
Commission Dec.
No 2002/890/EC
21.10.2002
Council Reg.
(EC) No 2320/97
17.11.97
as last amended by
Council Reg.
(EC) No 190/2000
24.01.2000

Commission Dec.
No 97/790/EC
24.10.97

L 45
17.02.2000
p. 1

L 228
24.08.2002
p. 8

L 46
18.02.2000
p. 34

L 228
24.08.2002
p. 20
L 17
19.01.2002
p. 1

L 168
27.06.2002
p. 1
L 75
20.03.99
p. 1

L 311
14.11.2002
p. 1

L 75
20.03.99
p. 34

L 311
14.11.2002
p. 20
L 322
25.11.97
p. 1

L 23
28.01.2000
p. 1

L 322
25.11.97
p. 63

Origin

Product

Measure

Regulation N°

Publication

Steel ropes and cables

Duties

Undertakings

Tube and pipe fittings, of iron
or steel

Duties

Tube or pipe fittings
(malleable cast iron)

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

Estonia

Hardboard

Undertakings

Duties

Undertakings

Duties

Duties

Undertakings

129

Council Reg.
(EC) No 1601/2001
02.08.2001
as last amended by
Council Reg.
(EC) No 2288/2002
19.12.2002

Commission Reg.
(EC) No 230/2001
02.02.2001
as last amended by
Commission Reg.
(EC) No 2303/2002
09.12.2002
Council Reg.
(EC) No 1514/2002
19.08.2002

Commission Dec.
No 2002/675/EC
23.08.2002
Council Reg.
(EC) No 1784/2000
11.08.2000

Commission Reg.
(EC) No 449/2000
28.02.2000
Council Reg.
(EC) No 1697/2002
23.09.2002
Council Reg.
(EC) No 194/99
25.01.99
as last amended by
Council Reg.
(EC) No 1899/2001
27.9.2001

Commission Dec.
No 1999/71/EC
06.01.99
as last amended by
Commission Dec.
No 2001/707/EC
21.08.2001

L 211
04.08.2001
p. 1

L 348
21.12.2002
p. 52

L 34
03.02.2001
p. 4

L 348
21.12.2002
p. 80
L 228
24.08.2002
p. 1

L 228
24.08.2002
p. 34
L 208
18.08.2000
p. 8

L 55
29.02.2000
p. 3
L 259
27.09.2002
p. 8
L 22
29.01.99
p. 16

L 261
29.09.2001
p. 1

L 22
29.01.99
p. 71

L 261
29.09.2001
p. 65

Origin

Product

Measure

Regulation N°

Publication

Council Reg.
(EC) No 92/2002
17.01.2002
as last amended by
Council Reg.
(EC) No 1107/2002
25.06.2002
Council Reg.
(EC) No 311/2002
18.02.2002
Council Reg.
(EC) No 603/99
15.03.99
as last amended by
Council Reg.
(EC) No 2011/2002
11.11.2002

Commission Dec.
No 1999/215/EC
16.03.99
as last amended by
Commission Dec.
No 2002/890/EC
21.10.2002
Council Reg.
(EC) No 1796/99
12.08.99
Council Reg.
(EC) No 2398/97
28.11.97
as last amended and
suspended by
Council Reg.
(EC) No 1644/2001
07.08.2001
and confirmed by
Council Reg.
(EC) No 696/2002
22.04.2002
Council Reg.
(EC) No 2313/2000
17.10.2000

L 17
19.01.2002
p. 1

L 168
27.06.2002
p. 1
L 50
21.02.2002
p. 13
L 75
20.03.99
p. 1

L 311
14.11.2002
p. 1

L 75
20.03.99
p. 34

L 311
14.11.2002
p. 20
L 217
17.08.99
p. 1
L 332
04.12.97
p. 1

L 219
14.08.2001
p. 1

L 109
25.04.2002
p. 3

L 267
20.10.2000
p. 1

Urea

Duties

Hong Kong

Hungary

Magnetic disks (3,5”
microdisks)

Binder or baler twine
(polypropylene)

Duties

Duties

Undertakings

Steel ropes and cables

Duties
Undertakings

India

Bed linen (cotton-type)

Duties

Colour television picture tubes
(cathode-ray)

Duties

130

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)

Duties

Undertakings

PET (polyethylene
terephthalate)

Duties

Undertakings

PET (polyethylene
terephthalate) film

Duties

Undertakings

Polyester staple fibres

Duties

Undertakings

Polyester textured filament
yarn (PTY)

Duties

131

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 1043/2002/ECSC
14.06.2002
Commission Dec.
No 1758/2000/ECSC
09.08.2000
as last amended by
Commission Dec.
No 979/2002/ECSC
03.06.2002
Council Reg.
(EC) No 2604/2000
27.11.2000
as last amended by
Council Reg.
(EC) No 496/2002
18.03.2002

Commission Dec.
No 2000/745/EC
29.11.2000
as last amended by
Commission Dec.
No 2002/232/EC
27.02.2002
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 2093/2002
26.11.2002

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

L 157
15.06.2002
p. 45
L 202
10.08.2000
p. 21

L 150
08.06.2002
p. 36
L 301
30.11.2000
p. 21

L 78
21.03.2002
p. 4

L 301
30.11.2000
p. 88

L 78
21.03.2002
p. 12
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 323
28.11.2002
p. 1

Origin

Product

Measure

Regulation N°

Publication

Potassium permanganate

Duties

Sacks and bags
(polyethylene/polypropylene)

Duties

Stainless steel fasteners

Duties

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

Duties

Steel ropes and cables

Duties

Undertakings

Sulphanilic acid

Duties

Synthetic fibre ropes

Indonesia

Footwear (with uppers of
leather or plastics)

Magnetic disks (3,5”
microdisks)

Undertakings

Duties

Duties

Duties

132

Council Reg.
(EC) No 1507/98
13.07.98
Council Reg.
(EC) No 1950/97
06.10.97
as last amended by
Council Reg.
(EC) No 1763/2002
30.09.2002
Council Reg.
(EC) No 393/98
16.02.98
as last amended by
Council Reg.
(EC) No 2570/2000
20.11.2000
Council Reg.
(EC) No 1600/99
12.07.99
Council Reg.
(EC) No 1796/99
12.08.99

Commission Dec.
No 1999/572/EC
13.08.99
Council Reg.
(EC) No 1339/2002
22.07.2002

Commission Dec.
No 2002/611/EC
12.07.2002
Council Reg.
(EC) No 1312/98
24.06.98
Council Reg.
(EC) No 467/98
23.02.98
Council Reg.
(EC) No 1821/98
29.07.98
as last amended by
Council Reg.
(EC) No 2537/99
29.11.99

L 200
16.07.98
p. 4
L 276
09.10.97
p. 1

L 267
04.10.2002
p. 1
L 50
20.02.98
p. 1

L 297
24.11.2000
p. 1
L 189
22.07.99
p. 19
L 217
17.08.99
p. 1

L 217
17.08.99
p. 63
L 196
25.07.2002
p. 11

L 196
25.07.2002
p. 36
L 183
26.06.98
p. 1
L 60
28.02.98
p. 1
L 236
22.08.98
p. 1

L 307
02.12.99
p. 1

Origin

Product

Measure

Regulation N°

Publication

PET (polyethylene
terephthalate)

Duties

Undertakings

Polyester textured filament
yarns (PTY)

Duties

Ring binder mechanisms

Duties

Sacks and bags
(polyethylene/polypropylene)

Duties

Synthetic staple fibres of
polyester

Japan

Black colorformers

Duties

Duties

Electronic weighing scales

Duties

Internal gear hubs for bicycles

Duties

Magnetic disks (3,5”
microdisks)

Duties

133

Council Reg.
(EC) No 2604/2000
27.11.2000
as last amended by
Council Reg.
(EC) No 496/2002
18.03.2002

Commission Dec.
No 2000/745/EC
29.11.2000
as last amended by
Commission Dec.
No 2002/232/EC
27.02.2002
Council Reg.
(EC) No 2160/96
11.11.96
as last amended by
Council Reg.
(EC) No 1078/2001
31.05.2001
Council Reg.
(EC) No 976/2002
04.06.2002
Council Reg.
(EC) No 1950/97
06.10.97
as last amended by
Council Reg.
(EC) No 1763/2002
30.09.2002
Council Reg.
(EC) No 1522/2000
10.07.2000
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 312/2002
18.02.2002

L 301
30.11.2000
p. 21

L 78
21.03.2002
p. 4

L 301
30.11.2000
p. 88

L 78
21.03.2002
p. 12
L 289
12.11.96
p. 14

L 149
02.06.2001
p. 5
L 150
08.06.2002
p. 1
L 276
09.10.97
p. 1

L 267
04.10.2002
p. 1
L 175
14.07.2000
p. 10
L 259
13.10.2000
p. 1
L 67
09.03.2001
p. 24
L 282
26.10.2001
p. 1
L 50
21.02.2002
p. 24

Origin

Product

Measure

Regulation N°

Publication

Television camera systems

Duties

Tube or pipe fittings
(malleable cast iron)

Korea (Rep. of)

Colour television picture tubes
(cathode-ray)

Duties

Duties

Colour television receivers

Duties

Electronic weighing scales

Duties

Magnetic disks (3,5”
microdisks)

Duties

Monosodium glutamate

Duties

PET (polyethylene
terephthalate)

PET (polyethylene
terephthalate) film

Duties

Duties

Polyester staple fibres

Duties

Stainless steel fasteners

Duties

Tube and pipe fittings, of iron
or steel

Duties

134

Council Reg.
(EC) No 2042/2000
26.09.2000
as last amended by
Council Reg.
(EC) No 1696/2002
23.09.2002
Council Reg.
(EC) No 1784/2000
11.08.2000
Council Reg.
(EC) No 2313/2000
17.10.2000
Council Reg.
(EC) No 1531/2002
14.08.2002
Council Reg.
(EC) No 2605/2000
27.11.2000
Council Reg.
(EC) No 311/2002
18.02.2002
Council Reg.
(EC) 2051/98
24.09.98
Council Reg.
(EC) No 2604/2000
27.11.2000
as last amended by
Council Reg.
(EC) No 496/2002
18.03.2002
Council Reg.
(EC) No 1676/2001
13.08.2001
Council Reg.
(EC) No 2852/2000
22.12.2000
Council Reg.
(EC) No 393/98
16.02.98
as last amended by
Council Reg.
(EC) No 2570/2000
20.11.2000
Council Reg.
(EC) No 1514/2002
19.08.2002

L 244
29.09.2000
p. 38

L 259
27.09.2002
p. 1
L 208
18.08.2000
p. 8
L 267
20.10.2000
p. 1
L 231
29.08.2002
p. 1
L 301
30.11.2000
p. 42
L 50
21.02.2002
p. 13
L 264
29.09.98
p. 1
L 301
30.11.2000
p. 21

L 78
21.03.2002
p. 4
L 227
23.08.2001
p. 1
L 332
28.12.2000
p. 17
L 50
20.02.98
p. 1

L 297
24.11.2000
p. 1
L 228
24.08.2002
p. 1

Origin

Product

Measure

Regulation N°

Publication

Tube or pipe fittings
(malleable cast iron)

Duties

Undertakings

Latvia

Hardboard

Duties

Libya

Urea

Duties

Lithuania

Hardboard

Duties

Undertakings

Solutions of urea and
ammonium nitrate

Duties

Council Reg.
(EC) No 1784/2000
11.08.2000

Commission Dec.
No 2000/523/EC
10.08.2000
Council Reg.
(EC) No 194/99
25.01.99
as last amended by
Council Reg.
(EC) No 1899/2001
27.9.2001
Council Reg.
(EC) No 92/2002
17.01.2002
as last amended by
Council Reg.
(EC) No 1107/2002
25.06.2002
Council Reg.
(EC) No 194/99
25.01.99
as last amended by
Council Reg.
(EC) No 1899/2001
27.9.2001

Commission Dec.
No 1999/71/EC
06.01.99
as last amended by
Commission Dec.
No 2001/707/EC
21.08.2001
Council Reg.
(EC) No 1995/2000
18.09.2000

L 208
18.08.2000
p. 8

L 208
18.08.2000
p. 53
L 22
29.01.99
p. 16

L 261
29.09.2001
p. 1
L 17
19.01.2002
p. 1

L 168
27.06.2002
p. 1
L 22
29.01.99
p. 16

L 261
29.09.2001
p. 1

L 22
29.01.99
p. 71

L 261
29.09.2001
p. 65
L 238
22.09.2000
p. 15

135

Origin

Product

Measure

Regulation N°

Publication

Urea

Duties

Undertakings

Malaysia

Colour television receivers

Duties

Glyphosate

Duties

PET (polyethylene
terephthalate)

Duties

Polyester textured filament
yarns (PTY)

Duties

Stainless steel fasteners

Duties

136

Council Reg.
(EC) No 92/2002
17.01.2002
as last amended by
Council Reg.
(EC) No 1107/2002
25.06.2002

Commission Dec.
No 2002/498/EC
05.06.2002
Council Reg.
(EC) No 1531/2002
14.08.2002
Council Reg.
(EC) No 368/98
16.02.98
as last amended by
Council Reg.
(EC) No 1086/2000
22.05.2000
and extended to such
imports consigned
from Malaysia &
Taiwan by
Council Reg.
(EC) No 163/2002
28.01.2002
Council Reg.
(EC) No 2604/2000
27.11.2000
as last amended by
Council Reg.
(EC) No 496/2002
18.03.2002
Council Reg.
(EC) No 1001/97
02.06.97
as last amended by
Council Reg.
(EC) No 1992/2000
18.09.2000
Council Reg.
(EC) No 393/98
16.02.98
as last amended by
Council Reg.
(EC) No 2570/2000
20.11.2000

L 17
19.01.2002
p. 1

L 168
27.06.2002
p. 1

L 168
27.06.2002
p. 51
L 231
29.08.2002
p. 1
L 47
18.02.98
p. 1

L 124
25.05.2000
p. 1

L 30
31.01.2002
p. 1
L 301
30.11.2000
p. 21

L 78
21.03.2002
p. 4
L 145
05.06.97
p. 1

L 238
22.09.2000
p. 1
L 50
20.02.98
p. 1

L 297
24.11.2000
p. 1

Origin

Product

Measure

Regulation N°

Publication

Council Reg.
(EC) No 1514/2002
19.08.2002
Council Reg.
(EC) No 1796/99
12.08.99

Commission Dec.
No 1999/572/EC
13.08.99

Council Reg.
(EC) No 1890/97
26.09.97
repealed by
Council Reg.
(EC) No 772/99
30.03.99
as last amended by
Council Reg.
(EC) No 1593/2002
03.09.2002

Commission Dec.
No 97/634/EC
26.09.97
as last amended by
Commission Dec.
No 2002/743/EC
14.08.2002
Council Reg.
(EC) No 132/2001
22.01.2001
Council Reg.
(EC) No 603/99
15.03.99
as last amended by
Council Reg.
(EC) No 2011/2002
11.11.2002

L 228
24.08.2002
p. 1
L 217
17.08.99
p. 1

L 217
17.08.99
p. 63

L 267
30.09.97
p. 1

L 101
16.04.99
p. 1

L 240
07.09.2002
p. 22

L 267
30.09.97
p. 81

L 240
07.09.2002
p. 51
L 23
25.01.2001
p. 1
L 75
20.03.99
p. 1

L 311
14.11.2002
p. 1

Tube and pipe fittings, of iron
or steel

Duties

Mexico

Steel ropes and cables

Duties

Undertakings

Norway

Salmon (AD)

Duties

Poland

Ammonium nitrate

Binder or baler twine
(polypropylene)

Undertakings

Duties

Duties

137

Origin

Product

Measure

Regulation N°

Publication

Hardboard

Duties

Undertakings

Seamless steel pipes and tubes

Duties

Undertakings

Duties
Undertakings

Duties

Steel ropes and cables

Urea ammonium nitrate
solutions

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

Romania

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

Duties

Duties

138

Council Reg.
(EC) No 194/99
25.01.99
as last amended by
Council Reg.
(EC) No 1899/2001
27.9.2001

Commission Dec.
No 1999/71/EC
06.01.99
as last amended by
Commission Dec.
No 2001/707/EC
21.08.2001
Council Reg.
(EC) No 2320/97
17.11.97
as last amended by
Council Reg.
(EC) No 190/2000
24.01.2000

Commission Dec.
No 97/790/EC
24.10.97
Council Reg.
(EC) No 1796/99
12.08.99
Council Reg.
(EC) No 900/2001
07.05.2001
as last amended by
Council Reg.
(EC) No 1841/2002
14.10.2002
Council Reg.
(EC) No 1697/2002
23.09.2002
Commission Dec.
No 1758/2000/ECSC
09.08.2000
as last amended by
Commission Dec.
No 979/2002/ECSC
03.06.2002

L 22
29.01.99
p. 16

L 261
29.09.2001
p. 1

L 22
29.01.99
p. 71

L 261
29.09.2001
p. 65
L 322
25.11.97
p. 1

L 23
28.01.2000
p. 1

L 322
25.11.97
p. 63
L 217
17.08.99
p. 1
L 127
09.05.2001
p. 1

L 279
17.10.2002
p. 3
L 259
27.09.2002
p. 8
L 202
10.08.2000
p. 21

L 150
08.06.2002
p. 36

Origin

Product

Measure

Regulation N°

Publication

Seamless steel pipes and tubes

Duties

Undertakings

Urea

Duties

Russia

Aluminium foil

Duties

Undertakings

Ammonium nitrate

Duties

Grain-oriented electrical steel
sheets

Duties
Undertakings

Hardboard

Duties

Potassium chloride

Duties

Council Reg.
(EC) No 2320/97
17.11.97
as last amended by
Council Reg.
(EC) No 190/2000
24.01.2000

Commission Dec.
No 97/790/EC
24.10.97
Council Reg.
(EC) No 92/2002
17.01.2002
as last amended by
Council Reg.
(EC) No 1107/2002
25.06.2002
Council Reg.
(EC) No 950/2001
14.05.2001

Commission Dec.
No 2001/381/EC
16.05.2001
Council Reg.
(EC) No 658/2002
15.04.2002
Commission Dec.
No 303/96/ECSC
19.02.96
Council Reg.
(EC) No 194/99
25.01.99
as last amended by
Council Reg.
(EC) No 1899/2001
27.09.2001
Council Reg.
(EC) No 969/2000
08.05.2000

L 322
25.11.97
p. 1

L 23
28.01.2000
p. 1

L 322
25.11.97
p. 63
L 17
19.01.2002
p. 1

L 168
27.06.2002
p. 1
L 134
17.05.2001
p. 1

L 134
17.05.2001
p. 67
L 102
18.04.2002
p. 1
L 42
20.02.96
p. 7
L 22
29.01.99
p. 16

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

139

Origin

Product

Measure

Regulation N°

Publication

Council Reg.
(EC) No 2320/97
17.11.97
as last amended by
Council Reg.
(EC) No 190/2000
24.01.2000

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

Commission Dec.
No 94/202/EC
09.03.94
prolonged by above
Council Reg.
Council Reg.
(EC) No 1995/2000
18.09.2000
Council Reg.
(EC) No 1601/2001
02.08.2001
as last amended by
Council Reg.
(EC) No 2288/2002
19.12.2002

Commission Dec.
No 2001/602/EC
26.07.2001
Council Reg.
(EC) No 1514/2002
19.08.2002
Council Reg.
(EC) No 901/2001
07.05.2001
Council Reg.
(EC) No 469/2001
06.03.2001

L 322
25.11.97
p. 1

L 23
28.01.2000
p. 1

L 23
28.01.2000
p. 78
L 125
26.05.2000
p. 3

L 94
13.04.94
p. 32

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

L 348
21.12.2002
p. 52

L 211
04.08.2001
p. 47
L 228
24.08.2002
p. 1
L 127
09.05.2001
p. 11
L 67
09.03.2001
p. 37

Seamless steel pipes and tubes

Duties

Undertakings

Silicon carbide

Duties

Undertaking

Solutions of urea and
ammonium nitrate

Duties

Steel ropes and cables

Duties

Tube and pipe fittings, of iron
or steel

Urea

Undertaking

Duties

Duties

Singapore

Electronic weighing scales

Duties

140

Origin

Product

Measure

Regulation N°

Publication

Slovak Republic

Seamless steel pipes and tubes

Duties

Undertakings

Tube and pipe fittings, of iron
or steel

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

Compact disk recordables

Duties

Electronic weighing scales

Duties

141

Council Reg.
(EC) No 2320/97
17.11.97
as last amended by
Council Reg.
(EC) No 190/2000
24.01.2000

Commission Dec.
No 97/790/EC
24.10.97
Council Reg.
(EC) No 1514/2002
19.08.2002

Commission Reg.
(EC) No 358/2002
26.02.2002
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 1043/2002/ECSC
14.06.2002
Council Reg.
(EC) No 1796/99
12.08.99

Commission Dec.
No 1999/572/EC
13.08.99
Council Reg.
(EC) No 397/99
22.02.99
as last amended by
Council Reg.
(EC) No 1340/2002
22.07.2002
Council Reg.
(EC) No 1050/2002
13.06.2002
Council Reg.
(EC) No 2605/2000
27.11.2000

L 322
25.11.97
p. 1

L 23
28.01.2000
p. 1

L 322
25.11.97
p. 63
L 228
24.08.2002
p. 1

L 56
27.02.2002
p. 4
L 31
05.02.2000
p. 15
(L 240
23.09.2000
p. 12)

L 157
15.06.2002
p. 45
L 217
17.08.99
p. 1

L 217
17.08.99
p. 63
L 49
25.02.99
p. 1

L 196
25.07.2002
p. 19
L 160
18.06.2002
p. 2
L 301
30.11.2000
p. 42

Origin

Product

Measure

Regulation N°

Publication

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

Duties

Glyphosate

Duties

Lighters (non-refillable and
refillable)

Duties

Monosodium glutamate

Duties

PET (polyethylene
terephthalate)

Duties

Polyester textured filament
yarns (PTY)

Duties

Stainless steel fasteners

Duties

142

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 1043/2002/ECSC
14.06.2002
Council Reg.
(EC) No 368/98
16.02.98
as last amended by
Council Reg.
(EC) No 1086/2000
22.05.2000
and extended to such
imports consigned
from Malaysia &
Taiwan by
Council Reg.
(EC) No 163/2002
28.01.2002
Council Reg.
(EC) No 1824/2001
12.09.2001
Council Reg.
(EC) No 2051/98
24.09.98
Council Reg.
(EC) No 2604/2000
27.11.2000
as last amended by
Council Reg.
(EC) No 496/2002
18.03.2002
Council Reg.
(EC) No 1074/96
14.06.96
as last amended by
Council Reg.
(EC) No 2010/2000
18.09.2000
Council Reg.
(EC) No 393/98
16.02.98
as last amended by
Council Reg.
(EC) No 2570/2000
20.11.2000

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

L 157
15.06.2002
p. 45
L 47
18.02.98
p. 1

L 124
25.05.2000
p. 1

L 30
31.01.2002
p. 1
L 248
18.09.2001
p. 1
L 264
29.09.98
p. 1
L 301
30.11.2000
p. 21

L 78
21.03.2002
p. 4
L 141
14.06.96
p. 45

L 241
26.09.2000
p. 1
L 50
20.02.98
p. 1

L 297
24.11.2000
p. 1

Origin

Product

Measure

Regulation N°

Publication

Styrene-butadiene-styrene
thermosplastic rubber

Duties

Synthetic fibres of polyester

Duties

Tube and pipe fitting, of iron
or steel

Duties

Thailand

Colour television receivers

Duties

Footwear (with uppers of
leather or plastics)

PET (polyethylene
terephthalate)

Duties

Duties

Polyester textured filament
yarns (PTY)

Duties

Sacks and bags
(polyethylene/polypropylene)

Duties

143

Council Reg.
(EC) No 1993/2000
18.09.2000
Council Reg.
(EC) No 1728/99
29.07.99
Council Reg.
(EC) No 584/96
11.03.96
as last amended by
Council Reg.
(EC) No 1592/2000
17.07.2000
and extended as
concerns China to
such imports from
Taiwan by
Council Reg.
(EC) No 763/2000
10.04.2000
as last amended by
Council Reg.
(EC) No 2314/2000
17.10.2000
Council Reg.
(EC) No 1531/2002
14.08.2002
Council Reg.
(EC) No 467/98
23.02.98
Council Reg.
(EC) No 2604/2000
27.11.2000
as last amended by
Council Reg.
(EC) No 496/2002
18.03.2002
Council Reg.
(EC) No 2160/96
11.11.96
as last amended by
Council Reg.
(EC) No 1078/2001
31.05.2001
Council Reg.
(EC) No 1950/97
06.10.97
as last amended by
Council Reg.
(EC) No 1763/2002
30.09.2002

L 238
22.09.2000
p. 4
L 204
04.08.99
p. 3
L 84
03.04.96
p. 1

L 182
21.07.2000
p. 1

L 94
14.04.2000
p. 1

L 267
20.10.2000
p. 15
L 231
29.08.2002
p. 1
L 60
28.02.98
p. 1
L 301
30.11.2000
p. 21

L 78
21.03.2002
p. 4
L 289
12.11.96
p. 14

L 149
02.06.2001
p. 5
L 276
09.10.97
p. 1

L 267
04.10.2002
p. 1

Origin

Product

Measure

Regulation N°

Publication

Stainless steel fasteners

Duties

Steel ropes and cables

Duties

Synthetic staple fibres of
polyester

Tube or pipe fittings
(malleable cast iron)

Undertaking

Duties

Duties

Undertakings

Tube and pipe fitting, of iron
or steel

Duties

Undertakings

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

Duties

Council Reg.
(EC) No 393/98
16.02.98
as last amended by
Council Reg.
(EC) No 2570/2000
20.11.2000
Council Reg.
(EC) No 1601/2001
02.08.2001
as last amended by
Council Reg.
(EC) No 2288/2002
19.12.2002

Commission Dec.
No 2001/602/EC
26.07.2001
Council Reg.
(EC) No 1522/2000
10.07.2000
Council Reg.
(EC) No 1784/2000
11.08.2000

Commission Dec.
No 2000/523/EC
10.08.2000
Council Reg.
(EC) No 584/96
11.03.96
as last amended by
Council Reg.
(EC) No 1592/2000
17.07.2000

Commission Dec.
No 96/252/EC
01.03.96
as last amended by
Commission Dec.
No 2000/453/EC
11.07.2000
Council Reg.
(EC) No 1697/2002
23.09.2002

L 50
20.02.98
p. 1

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

L 348
21.12.2002
p. 52

L 211
04.08.2001
p. 47
L 175
14.07.2000
p. 10
L 208
18.08.2000
p. 8

L 208
18.08.2000
p. 53
L 84
03.04.96
p. 1

L 182
21.07.2000
p. 1

L 84
03.04.96
p. 46

L 182
21.07.2000
p. 25
L 259
27.09.2002
p. 8

144

Origin

Product

Measure

Regulation N°

Publication

Turkey

Steel ropes and cables

Duties

Undertakings

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

Ukraine

Ammonium nitrate

Duties

Duties

Ferro-silico-manganese

Duties
Undertakings

Potassium chloride

Duties

Potassium permanganate

Duties

Seamless pipes and tubes of
non-alloy steel

Duties

Silicon carbide

Solutions of urea and
ammonium nitrate

Duties

Duties

Steel ropes and cables

Duties

Undertakings

145

Council Reg.
(EC) No 1601/2001
02.08.2001
as last amended by
Council Reg.
(EC) No 2288/2002
19.12.2002

Commission Reg.
(EC) No 230/2001
02.02.2001
as last amended by
Commission Reg.
(EC) No 2303/2002
09.12.2002
Council Reg.
(EC) No 1697/2002
23.09.2002
Council Reg.
(EC) No 132/2001
22.01.2001
Council Reg.
(EC) No 495/98
23.02.98
Council Reg.
(EC) No 969/2000
08.05.2000
Council Reg.
(EC) No 1507/98
13.07.98
Council Reg.
(EC) No 348/2000
14.02.2000
as last amended by
Council Reg.
(EC) No 1515/2002
16.08.2002
Council Reg.
(EC) No 1100/2000
22.05.2000
Council Reg.
(EC) No 1995/2000
18.09.2000
Council Reg.
(EC) No 1796/99
12.08.99

Commission Dec.
No 1999/572/EC
13.08.99

L 211
04.08.2001
p. 1

L 348
21.12.2002
p. 52

L 34
03.02.2001
p. 4

L 348
21.12.2002
p. 80
L 259
27.09.2002
p. 8
L 23
25.01.2001
p. 1
L 62
03.03.98
p. 1
L 112
11.05.2000
p. 4
L 200
16.07.98
p. 4
L 45
17.02.2000
p. 1

L 228
24.08.2002
p. 8
L 125
26.05.2000
p. 3
L 238
22.09.2000
p. 15
L 217
17.08.99
p. 1

L 217
17.08.99
p. 63

Origin

Product

Measure

Regulation N°

Publication

Urea

Duties

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

USA

Ethanolamines

Duties

Duties

Vietnam

Monosodium glutamate

Duties

Yugoslavia (F.R.)

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

Duties

Council Reg.
(EC) No 92/2002
17.01.2002
as last amended by
Council Reg.
(EC) No 1107/2002
25.06.2002
Council Reg.
(EC) No 1697/2002
23.09.2002
Council Reg.
(EC) No 1603/2000
20.07.2000
Council Reg.
(EC) No 2051/98
24.09.98
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 1043/2002/ECSC
14.06.2002

L 17
19.01.2002
p. 1

L 168
27.06.2002
p. 1
L 259
27.09.2002
p. 8
L 185
25.07.2000
p. 1
L 264
29.09.98
p. 1
L 31
05.02.2000
p. 15
(L 240
23.09.2000
p. 12)

L 157
15.06.2002
p. 45

146

ANNEX P

Definitive anti-subsidy measures in force on 31 December 2002

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)

India
Taiwan

India

PET (polyethylene
terephthalate) (AS)

PET film (polyethylene
terephthalate) (AS)

Polyester textured filament
yarn (PTY)

India
Malaysia
Thailand

India

India

India

Ring binder mechanisms (AS)

Indonesia

Duties

Duties

Undertakings

Duties

Undertakings

Duties

Duties

Duties

Council Reg.
(EC) No 2164/98
05.10.98
Commission Dec.
No 284/2000/EC
04.02.2000
corrected by
Commission Dec.
No 2071/2000/ECSC
29.09.2000
and last amended by
Commission Dec.
No 1043/2002/ECSC
14.06.2002
Council Reg.
(EC) No 2603/2000
27.11.2000

Commission Dec.
No 2000/745/EC
29.11.2000
Council Reg.
(EC) No 2597/99
06.12.99
Council Reg.
(EC) No 2094/2002
26.11.2002
Council Reg.
(EC) No 977/2002
04.06.2002

L 273
09.10.98
p. 1
L 31
05.02.2000
p. 44

L 246
30.09.2000
p. 32

L 157
15.06.2002
p. 45
L 301
30.11.2000
p. 1

L 301
30.11.2000
p. 88
L 316
10.12.99
p. 1
L 323
28.11.2002
p. 21
L 150
08.06.2002
p. 17

147

Product

Origin

Measure

Regulation N°

Publication

Salmon (AS)

Norway

Duties

Norway

Undertakings

Stainless steel bars (AS)

India

Duties

Stainless steel fasteners (AS)

Malaysia
Philippines

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

India

Stainless steel wires (< 1 mm
diameter) (AS)

India

Styrene-butadiene-styrene
thermosplastic rubber (AS)

Taiwan

Sulphanilic acid (AS)

India

Duties

Duties

Duties

Duties

Duties

Undertakings

148

Council Reg.
(EC) No 1891/97
26.09.97
repealed by
Council Reg.
(EC) No 772/99
30.03.99
as last amended by
Council Reg.
(EC) No 1593/2002
03.09.2002

Commission Dec.
No 97/634/EC
26.09.97
as last amended by
Commission Dec.
No 2002/743/EC
14.08.2002
Council Reg.
(EC) No 2450/98
14.11.98
as last amended by
Council Reg.
(EC) No 298/2001
12.02.2001
Council Reg.
(EC) No 1523/2000
10.07.2000
Council Reg.
(EC) No 1599/99
12.07.99
as last amended by
Council Reg.
(EC) No 164/2002
28.01.2002
Council Reg.
(EC) No 1601/99
12.07.99
Council Reg.
(EC) No 1994/2000
18.09.2000
Council Reg.
(EC) No 1338/2002
22.07.2002

Commission Dec.
No 2002/611/EC
12.07.2002

L 267
30.09.97
p. 19

L 101
16.04.99
p. 1

L 240
07.09.2002
p. 22

L 267
30.09.97
p. 81

L 240
07.09.2002
p. 51
L 304
14.11.98
p. 1

L 44
15.02.2001
p. 1
L 175
14.07.2000
p. 29
L 189
22.07.99
p. 1

L 30
31.01.2002
p. 9
L 189
22.07.99
p. 26
L 238
22.09.2000
p. 8
L 196
25.07.2002
p. 1

L 196
25.07.2002
p. 36

Product

Origin

Measure

Regulation N°

Publication

Synthetic fibres of polyester
(AS)

Australia
Indonesia

Duties

Council Reg.
(EC) No 978/2000
08.05.2000
as last amended by
Council Reg.
(EC) No 902/2001
07.05.2001

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

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
05.10.98
Commission Dec.
No 284/2000/ECSC
04.02.2000
corrected by
Commission Dec.
No 2071/2000/ECSC
29.09.2000
and last amended by
Commission Dec.
No 1043/2002/ECSC
14.06.2002
Council Reg.
(EC) No 2603/2000
27.11.2000

Commission Dec.
No 2000/745/EC
29.11.2000
Council Reg.
(EC) No. 2597/99
06.12.99
Council Reg.
(EC) No 2094/2002
26.11.2002

L 113
12.05.2000
p. 1

L 127
09.05.2001
p. 20
L 273
09.10.98
p. 1
L 31
05.02.2000
p. 44

L 246
30.09.2000
p. 32

L 157
15.06.2002
p. 45
L 301
30.11.2000
p. 1

L 301
30.11.2000
p. 88
L 316
10.12.99
p. 1
L 323
28.11.2002
p. 21

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

Duties

Duties

PET film (polyethylene
terephthalate) (AS)

Polyester textured filament
yarn (PTY)

149

Origin

Product

Measure

Regulation N°

Publication

Stainless steel bars (AS)

Duties

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

Duties

Stainless steel wires (< 1 mm
diameter) (AS)

Sulphanilic acid (AS)

Duties

Duties

Undertakings

Indonesia

Synthetic fibres of polyester
(AS)

Duties

Ring binder mechanisms (AS)

Duties

Malaysia

PET (polyethylene
terephthalate) (AS)

Duties

Stainless steel fasteners (AS)

Duties

Council Reg.
(EC) No 2450/98
13.11.98
as last amended by
Council Reg.
(EC) No 298/2001
12.02.2001
Council Reg.
(EC) No 1599/99
12.07.99
as last amended by
Council Reg.
(EC) No 164/2002
28.01.2002
Council Reg.
(EC) No 1601/99
12.07.99
Council Reg.
(EC) No 1338/2002
22.07.2002

Commission Dec.
No 2002/611/EC
12.07.2002
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 977/2002
04.06.2002
Council Reg.
(EC) No 2603/2000
27.11.2000
Council Reg.
(EC) No 1523/2000
10.07.2000

L 304
14.11.98
p. 1

L 44
15.02.2001
p. 1
L 189
22.07.99
p. 1

L 30
31.01.2002
p. 9
L 189
22.07.99
p. 26
L 196
25.07.2002
p. 1

L 196
25.07.2002
p. 36
L 113
12.05.2000
p. 1

L 150
08.06.2002
p. 17
L 301
30.11.2000
p. 1
L 175
14.07.2000
p. 29

150

Origin

Product

Measure

Regulation N°

Publication

Norway

Salmon (AS)

Duties

Undertakings

Philippines

Stainless steel fasteners (AS)

Duties

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

Council Reg.
(EC) No 1891/97
26.09.97
repealed by
Council Reg.
(EC) No 772/99
30.03.99
as last amended by
Council Reg.
(EC) No 1593/2002
03.09.2002

Commission Dec.
(EC) No 634/97
26.09.97
as last amended by
Commission Dec.
No 2002/743/EC
14.08.2002
Council Reg.
(EC) No 1523/2000
10.07.2000
Commission Dec.
No 284/2000/ECSC
04.02.2000
corrected by
Commission Dec.
No 2071/2000/ECSC
29.09.2000
and last amended by
Commission Dec.
No 1043/2002/ECSC
14.06.2002
Council Reg.
(EC) No 1994/2000
18.09.2000
Council Reg.
(EC) No 2603/2000
27.11.2000

L 267
30.09.97
p. 19

L 101
16.04.99
p. 1

L 240
07.09.2002
p. 22

L 267
30.09.97
p. 81

L 240
07.09.2002
p. 51
L 175
14.07.2000
p. 29
L 31
05.02.2000
p. 44

L 246
30.09.2000
p. 32

L 157
15.06.2002
p. 45
L 238
22.09.2000
p. 8
L 301
30.11.2000
p. 1

151

ANNEX Q

Undertakings in force on 31 December 2002

A. Ranked by product (alphabetical)

Product

Origin

Measure

Regulation N°

Publication

Aluminium foil

Russia

Undertakings

Binder or baler twine
(polypropylene)

Czech Rep.
Hungary

Undertakings

Colour television receivers

P.R. China

Undertakings

Ferro-silico-manganese

Ukraine

Undertaking

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

Undertakings

Commission Dec.
No 2001/381/EC
16.05.2001
Commission Dec.
No 1999/215/EC
16.03.99
as last amended by
Commission Dec.
No 2002/890/EC
31.10.2002
Commission Dec.
No 2002/683/EC
29.07.2002
Council Reg.
(EC) No 495/98
23.02.98
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 1043/2002/ECSC
14.06.2002
Commission Dec.
No 284/2000/ECSC
04.02.2000
corrected by
Commission Dec.
No 2071/2000/ECSC
29.09.2000
and last amended by
Commission Dec.
No 1043/2002/ECSC
14.06.2002
Commission Dec.
No 303/96/ECSC
19.02.96

L 134
17.05.2001
p. 67
L 75
20.03.99
p. 34

L 311
14.11.2002
p. 20
L 231
29.08.2002
p. 42
L 62
03.03.98
p. 1
L 31
05.02.2000
p. 15
(L 240
23.09.2000
p. 12)

L 157
15.06.2002
p. 45
L 31
05.02.2000
p. 44

L 246
30.09.2000
p. 32

L 157
15.06.2002
p. 45
L 42
20.02.96
p. 7

152

Product

Origin

Measure

Regulation N°

Publication

Hardboard

Undertakings

Bulgaria
Estonia
Lithuania
Poland

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

India

Undertakings

PET (polyethylene
terephthalate)

India
Indonesia

Undertakings

PET (polyethylene
terephthalate) (AS)

PET (polyethylene
terephthalate) film

India

India

Undertakings

Undertakings

Polyester staple fibres

India

Undertakings

Salmon (AD)

Norway

Undertakings

Salmon (AS)

Norway

Undertakings

Commission Dec.
No 1999/71/EC
06.01.99
as last amended by
Commission Dec.
No 2001/707/EC
21.08.2001
Commission Dec.
No 1758/2000/ECSC
09.08.2000
as last amended by
Commission Dec.
No 979/2002/ECSC
03.06.2002
Commission Dec.
No 2000/745/EC
29.11.2000
as last amended by
Commission Dec.
No 2002/232/EC
27.02.2002
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 97/634/EC
26.09.97
as last amended by
Commission Dec.
No 2002/743/EC
14.08.2002
Commission Dec.
No 97/634/EC
26.09.97
as last amended by
Commission Dec.
No 2002/743/EC
14.08.2002

L 22
29.01.99
p. 71

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

L 150
08.06.2002
p. 36
L 301
30.11.2000
p. 88

L 78
21.03.2002
p. 12
L 301
30.11.2000
p. 88
L 227
23.08.2001
p. 56
L 332
28.12.2000
p. 116
L 267
30.09.97
p. 81

L 240
07.09.2002
p. 51
L 267
30.09.97
p. 81

L 240
07.09.2002
p. 51

153

Product

Origin

Measure

Regulation N°

Publication

Seamless steel pipes and tubes Czech Republic

Undertakings

Poland
Romania
Slovak Republik

Russia

Undertakings

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

Croatia

Undertakings

Silicon carbide

Russia

Undertakings

Solutions of urea and
ammonium nitrate

Steel ropes and cables

Algeria

Undertakings

Hungary
Poland

India
Mexico
South Africa
Ukraine
Czech Rep.
Turkey

Undertakings

Undertakings

Undertakings

Russia
Thailand

Undertaking

Sulphanilic acid (AD)

India

Undertakings

Sulphanilic acid (AS)

India

Undertakings

154

Commission Dec.
No 97/790/EC
24.10.97

L 322
25.11.97
p. 63

Commission Dec.
No 2000/70/EC
22.12.1999

Commission Dec.
No 2000/137/EC
17.02.2000
as last amended by
Commission Dec.
No 2002/669/EC
05.08.2002
Commission Dec.
No 94/202/EC
09.03.94
prolonged by
Council Reg.
(EC) No 1100/2000
22.05.2000
Commission Reg.
(EC) No 617/2000
16.03.2000
Council Reg.
No 1796/99
12.08.99

Commission Dec.
No 1999/572/EC
13.08.99

Commission Reg.
(EC) No 230/2001
02.02.2001
as last amended by
Commission Reg.
(EC) No 2303/2002
09.12.2002

Commission Dec.
No 2001/602/EC
26.07.2001
Commission Dec.
No 2002/611/EC
12.07.2002
Commission Dec.
No 2002/611/EC
12.07.2002

L 23
28.01.2000
p. 78
L 46
18.02.2000
p. 34

L 228
24.08.2002
p. 20
L 94
13.04.94
p. 32

L 125
26.05.2000
p. 3
L 75
24.03.2000
p. 3
L 217
17.08.99
p. 1

L 217
17.08.99
p. 63

L 34
03.02.2001
p. 4

L 348
21.12.2002
p. 80

L 211
04.08.2001
p. 47
L 196
25.07.2002
p. 36
L 196
25.07.2002
p. 36

Product

Origin

Measure

Regulation N°

Publication

Tube and pipe fitting, of iron
or steel

Thailand

Undertakings

Slovakia

Undertakings

Czech Rep.

Undertakings

Tube or pipe fittings
(malleable cast iron)

Czech Rep.

Undertakings

Rep. of Korea
Thailand

Undertakings

Urea

Bulgaria

Undertakings

Lithuania

Undertakings

Commission Dec.
No 96/252/EC
01.03.96
as last amended by
Commission Dec.
No 2000/453/EC
11.07.2000

Commission Reg.
(EC) No 358/2002
26.02.2002

Commission Dec.
No 2002/675/EC
23.08.2002
Commission Reg.
(EC) No 449/2000
28.02.2000

Commission Dec.
No 2000/523/EC
10.08.2000
Commission Reg.
(EC) No 1497/2001
20.07.2001

Commission Dec.
No 2002/498/EC
05.06.2002

L 84
03.04.96
p. 46

L 182
21.07.2000
p. 25

L 56
27.02.2002
p. 4

L 228
24.08.2002
p. 34
L 55
29.02.2000
p. 3

L 208
18.08.2000
p. 53
L 197
21.07.2001
p. 4

L 168
27.08.2002
p. 51

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 1043/2002/ECSC
14.06.2002

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

L 157
15.06.2002
p. 45

155

Origin

Product

Measure

Regulation N°

Publication

Hardboard

Undertakings

Urea

Undertakings

P.R. China

Colour television receivers

Undertakings

Croatia

Seamless pipes and tubes of
iron or non-alloy steel

Undertakings

Czech Republic

Binder or baler twine
(polypropylene)

Undertakings

Seamless steel pipes and tubes

Undertakings

Steel ropes and cables

Undertakings

Tube and pipe fittings, of iron
or steel

Undertakings

Tube or pipe fittings
(malleable cast iron)

Undertakings

Estonia

Hardboard

Undertakings

Commission Dec.
No 1999/71/EC
06.01.99
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 2002/683/EC
29.07.2002
Commission Dec.
No 2000/137/EC
17.02.2000
as last amended by
Commission Dec.
No 2002/669/EC
05.08.2002
Commission Dec.
No 1999/215/EC
16.03.99
as last amended by
Commission Dec.
No 2002/890/EC
21.10.2002
Commission Dec.
No 97/790/EC
24.10.97
Commission Reg.
(EC) No 230/2001
02.02.2001
as last amended by
Commission Reg.
(EC) No 2303/2002
09.12.2002
Commission Dec.
No 2002/675/EC
23.08.2002
Commission Reg.
(EC) No 449/2000
28.02.2000
Commission Dec.
No 1999/71/EC
06.01.99
as last amended by
Commission Dec.
No 2001/707/EC
21.08.2001

L 22
29.01.99
p. 71

L 261
29.09.2001
p. 65
L 197
21.07.2001
p. 4
L 231
29.08.2002
p. 42
L 46
18.02.2000
p. 34

L 228
05.08.2002
p. 20
L 75
20.03.99
p. 34

L 311
14.11.2002
p. 20
L 322
25.11.97
p. 63
L 34
03.02.2001
p. 4

L 348
21.12.2002
p. 80
L 228
24.08.2002
p. 34
L 55
29.02.2000
p. 3
L 22
29.01.99
p. 71

L 261
29.09.2001
p. 65

156

Origin

Product

Measure

Regulation N°

Publication

Hungary

Binder or baler twine
(polypropylene)

Undertakings

Steel ropes and cables

Undertakings

India

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

Undertakings

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

Undertakings

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

Undertakings

PET (polyethylene
terephthalate)

Undertakings

PET (polyethylene
terephthalate) (AS)

PET (polyethylene
terephthalate) film

Undertakings

Undertakings

157

Commission Dec.
No 1999/215/EC
16.03.99
as last amended by
Commission Dec.
No 2002/890/EC
21.10.2002
Council Reg.
(EC) No 1796/99
12.08.99
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 1043/2002/ECSC
14.06.2002
Commission Dec.
No 284/2000/ECSC
04.02.2000
corrected by
Commission Dec.
No 2071/2000/ECSC
29.09.2000
and last amended by
Commission Dec.
No 1043/2002/ECSC
14.06.2002
Commission Dec.
No 1758/2000/ECSC
09.08.2000
as last amended by
Commission Dec.
No 979/2002/ECSC
03.06.2002
Commission Dec.
No 2000/745/EC
29.11.2000
as last amended by
Commission Dec.
No 2002/232/EC
27.02.2002
Commission Dec.
No 2000/745/EC
29.11.2000
Commission Dec.
No 2001/645/EC
22.08.2001

L 75
20.03.99
p. 34

L 311
14.11.2002
p. 20
L 217
17.08.99
p. 1
L 31
05.02.2000
p. 15
(L 240
23.09.2000
p. 12)

L 157
15.06.2002
p. 45
L 31
05.02.2000
p. 44

L 246
30.09.2000
p. 32

L 157
15.06.2002
p. 45
L 202
10.08.2000
p. 21

L 150
08.06.2002
p. 36
L 301
30.11.2000
p. 88

L 78
21.03.2002
p. 12
L 301
30.11.2000
p. 88
L 227
23.08.2001
p. 56

Origin

Product

Measure

Regulation N°

Publication

Polyester staple fibres

Undertakings

Steel ropes and cables

Undertakings

Sulphanilic acid (AD)

Undertakings

Sulphanilic acid (AS)

Undertakings

Indonesia

PET (polyethylene
terephthalate)

Undertakings

Korea (Rep. of)

Tube or pipe fittings
(malleable cast iron)

Undertakings

Lithuania

Hardboard

Undertakings

Urea

Undertakings

Mexico

Steel ropes and cables

Undertakings

Norway

Salmon (AD)

Undertakings

Salmon (AS)

Undertakings

Commission Dec.
No 2000/818/EC
19.12.2000
Commission Dec.
No 1999/572/EC
13.08.99
Commission Dec.
No 2002/611/EC
12.07.2002
Commission Dec.
No 2002/611/EC
12.07.2002
Commission Dec.
No 2000/745/EC
29.11.2000
as last amended by
Commission Dec.
No 2002/232/EC
27.02.2002
Commission Dec.
No 2000/523/EC
10.08.2000
Commission Dec.
No 1999/71/EC
06.01.99
as last amended by
Commission Dec.
No 2001/707/EC
21.08.2001
Commission Dec.
No 2002/498/EC
05.06.2002
Commission Dec.
No 1999/572/EC
13.08.99
Commission Dec.
No 97/634/EC
26.09.97
as last amended by
Commission Dec.
No 2002/743/EC
14.08.2002
Commission Dec.
No 97/634/EC
26.09.97
as last amended by
Commission Dec.
No 2002/743/EC
14.08.2002

L 332
28.12.2000
p. 116
L 217
17.08.99
p. 63
L 196
25.07.2002
p. 36
L 196
25.07.2002
p. 36
L 301
30.11.2000
p. 88

L 78
21.03.2002
p. 12
L 208
18.08.2000
p. 53
L 22
29.01.99
p. 71

L 261
29.09.2001
p. 65
L 168
27.06.2002
p. 51
L 217
17.08.99
p. 63
L 267
30.09.97
p. 81

L 240
07.09.2002
p. 51
L 267
30.09.97
p. 81

L 240
07.09.2002
p. 51

158

Origin

Product

Measure

Regulation N°

Publication

Poland

Hardboard

Undertakings

Seamless steel pipes and tubes

Undertakings

Steel ropes and cables

Undertakings

Romania

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

Silicon carbide

Undertakings

Steel ropes and cables

Undertaking

Slovak Republic

Seamless steel pipes and tubes

Undertakings

Tube and pipe fittings, of iron
or steel

Undertakings

South Africa

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

Undertakings

Commission Dec.
No 1999/71/EC
06.01.99
as last amended by
Commission Dec.
No 2001/707/EC
21.08.2001
Commission Dec.
No 97/790/EC
24.10.97
Council Reg.
(EC) No 1796/99
12.08.99
Commission Dec.
No 97/790/EC
24.10.97
Commission Dec.
No 2001/381/EC
16.05.2001
Commission Dec.
No 303/96/ECSC
19.02.96
Commission Dec.
No 2000/70/EC
22.12.1999
Commission Dec.
No 94/202/EC
09.03.94
prolonged by
Council Reg.
(EC) No 1100/2000
22.05.2000
Commission Dec.
No 2001/602/EC
26.07.2001
Commission Dec.
No 97/790/EC
24.10.97
Commission Reg.
(EC) No 358/2002
26.02.2002
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 1043/2002/ECSC
14.06.2002

L 22
29.01.99
p. 71

L 261
29.09.2001
p. 65
L 322
25.11.97
p. 63
L 217
17.08.99
p. 1
L 322
25.11.97
p. 63
L 134
17.05.2001
p. 67
L 42
20.02.96
p. 7
L 23
28.01.2000
p. 78
L 94
13.04.94
p. 32

L 125
26.05.2000
p. 3
L 211
04.08.2001
p. 47
L 322
25.11.97
p. 63
L 56
27.02.2002
p. 4
L 31
05.02.2000
p. 15
(L 240
23.09.2000
p. 12)

L 157
15.06.2002
p. 45

159

Origin

Product

Measure

Regulation N°

Publication

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

Steel ropes and cables

Undertakings

Commission Dec.
No 1999/572/EC
13.08.99
Commission Dec.
No 2001/602/EC
26.07.2001
Commission Dec.
No 2000/523/EC
10.08.2000
Commission Dec.
No 96/252/EC
01.03.96
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
Commission Reg.
(EC) No 2303/2002
09.12.2002
Council Reg.
(EC) No 495/98
23.02.98
Commission Dec.
No 1999/572/EC
13.08.99

L 217
17.08.99
p. 63
L 211
04.08.2001
p. 47
L 208
18.08.2000
p. 53
L 84
03.04.96
p. 46

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

L 348
21.12.2002
p. 80
L 62
03.03.98
p. 1
L 217
17.08.99
p. 63

160

ANNEX R

Anti-dumping & anti-subsidy investigations pending

on 31 December 2002

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

Product

Bed linen (cotton-type)

Bed linen (cotton-type) (AS)

Cold-rolled flat products

Compact disks - recordable (CD-Rs)

Origin

Pakistan

India

USA

India

Compact disks - recordable (CD-Rs) (AS)

India

Type

Initiation

Initiation

Initiation

Initiation

Initiation

DRAMs (AS)

Korea (Rep. of)

Initiation

Filament yarn of cellulose acetate

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

Furfuryl alcohol

Grain oriented electrical sheets and strips

Hollow sections

Lighters (disposable gas-fuelled)

Para-cresol

Rubber-grade carbon blacks

Salmon

Silicon metal

Lithuania
USA

Egypt
Hungary
Iran
Libya
Slovakia
Turkey
P.R. China

Poland
Russia
Russia
Turkey
P.R. China
Indonesia
Malaysia
Vietnam
P.R. China

Egypt
Russia
Chile
Faeroe Islands
Russia

161

Initiation

Prov. duty

Initiation

Initiation

Initiation

Initiation

Initiation

Initiation

Initiation

Initiation

Initiation

Publication

C 316
18.12.2002, p. 6
C 316
18.12.2002, p. 10
C 314
17.12.2002, p. 3
C 116
17.05.2002, p. 2
C 116
17.05.2002, p. 4
C 177
25.07.2002, p. 2
C 364
20.12.2001, p. 3

L 251
19.09.2002, p. 9
C 364
20.12.2001, p. 5

C 189
09.08.2002, p. 30
C 111
08.05.2002, p. 5
C 249
16.10.2002, p. 5
C 153
27.06.2002, p. 3

C 153
27.06.2002, p. 7
C 367
21.12.2001, p. 16
C 172
18.07.2002, p. 11
C 246
12.10.2002, p. 12

Product

Sodium cyclamate

Trout (large rainbow trout)

Origin

P.R. China
Indonesia
Faroe Islands
Norway

Type

Initiation

Initiation

Publication

C 318
19.12.2002, p. 7
C 318
19.12.2002, p. 2

B. Review investigations (ranked by product - in alphabetical order)

Product

Origin

Type of review

Publication

India

India

Interim review

Expiry review

P.R. China

Interim review

Bed linen (cotton-type)

Bed linen (cotton type)

Coke

Coumarin

Ethanolamines

Ferro-silico-manganese

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

Footwear

Grain oriented electrical sheets

Grain oriented electrical sheets

Grain oriented electrical sheets

Grain oriented electrical sheets

Lamps (integrated electronic compact
fluorescent)
Lighters (gas-fuelled, non-refillable)

Lighters (gas-fuelled, non-refillable and
refillable)
Magnesia (dead-burned sintered)

P.R. China

USA

P.R. China
Ukraine
Bulgaria
South Africa
P.R. China

P.R. China
Indonesia
Thailand
Russia

Russia

Russia

Russia

P.R. China

P.R. China
Taiwan
P.R. China
Taiwan
P.R. China

Magnesium (unwrought, unalloyed)

P.R. China

Magnesium (unwrought, unalloyed)

P.R. China

Magnesium oxide

P.R. China

162

C 39
13.02.2002, p. 17
C 300
04.12.2002, p. 10
C 308
11.12.2002, p. 2
C 264
30.10.2002, p. 10
C 140
13.06.2002, p. 17
C 140
13.06.2002, p. 8
C 364
20.12.2001, p. 8
C 140
13.06.2002, p. 16
C 140
13.06.2002, p. 9

C 53
20.02.2001, p. 13
C 53
20.02.2001, p. 13
C 186
06.08.2002, p. 15
C 242
08.10.2002, p. 16
C 244
10.10.2002, p. 2
C 140
13.06.2002, p. 13
C 153
27.06.2002, p. 3
C 140
13.06.2002, p. 4
C 140
13.06.2002, p. 14
C 230
27.09.2002, p. 2
C 140
13.06.2002, p. 6

Partial interim
review
Partial interim
review
Partial interim
review
Interim review

Partial interim
review
Partial interim
review

Expiry review

Interim review

Partial interim
review
Partial interim
review
Absorption
investigation
Partial interim
review
Interim review

Partial interim
review
Partial interim
review
Review

Partial interim
review

Product

Origin

Type of review

Publication

Malleable cast-iron tube or pipe fittings

Malleable cast iron tube or pipe fittings

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

Polyester textured filament yarn (PTY)

Taiwan

Polyester textured filament yarn (PTY)

Taiwan

Interim review

Polyester textured filament yarn (PTY)

Polyester textured filament yarn (PTY)

Indonesia
Thailand
Indonesia

Expiry review

Interim review

Polyester textured filament yarn (PTY)

Malaysia

Expiry review

Interim review

C 342
5.12.2001, p. 5

Circumvention
investigation
Expiry review

Partial interim
review
Partial interim
review
Partial interim
review
Expiry review

Expiry review

L 258
26.09.2002, p. 27
C 170
14.06.2001, p. 2
C 129
31.05.2002, p. 5
C 316
10.11.2001, p. 9
C 129
31.05.2002, p. 2
C 135
06.06.2002, p. 10
C 154
28.06.2002, p. 2
C 140
13.06.2002, p. 12
C 262
29.10.2002, p. 2
C 21
24.01.2002, p. 25
C 243
09.10.2002, p. 10

Interim review

Expiry review

C 53
28.02.2002, p. 10
C 288
23.11.2002, p. 2

Interim review

C 288
23.11.2002, p. 2

Interim review

Expiry review

Expiry review

C 288
23.11.2002, p. 11
C 246
12.10.2002, p. 9
C 103
03.04.2001, p. 5

Polyethylene terephthalate (PET) film (AS)

India

Potassium permanganate

Powdered activated carbon

Ring binder mechanisms

Sacks and bags (polyethylene or
polypropylene)

Salmon (AD/AS)

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

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

Seamless pipes and tubes, of iron or non-
alloy steel
Silicon metal

Tube or pipe fittings, of iron or steel

P.R. China

P.R. China

P.R. China

P.R. China
India
Indonesia
Thailand
Norway

Czech Rep.
Poland
Romania
Russia
Slovak Rep.
Czech Rep.
Poland
Romania
Russia
Slovak Rep.
Croatia
Ukraine
P.R. China

P.R. China
(extension
Taiwan)
Thailand

163

Product

Origin

Type of review

Publication

Tube or pipe fittings, of iron or steel

Thailand

Interim review

Urea

Russia

Urea and ammonium nitrate solutions

Lithuania

Zinc oxides

P.R. China
(Vietnam)

Partial interim
review
Partial interim
review
Circumvention
investigation

C 103
03.04.2001, p. 5
C 140
13.06.2002, p. 5
C 314
17.12.2002, p. 2
L 344
19.12.2002, p. 12

C. Ranked by country (new and review investigations) (alphabetical)

Origin

Product

Type

Publication

Brazil

Malleable cast-iron tube or pipe fittings

Interim review

Malleable cast iron tube or pipe fittings

Bulgaria

Chile

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

P.R. China

Coumarin

Ferro-silico-manganese

Fluorspar

Footwear

Furfuryl alcohol

Lamps (integrated electronic compact
fluorescent)
Lighters (gas-fuelled, non-refillable)

Lighters (disposable gas-fuelled)

Lighters (gas-fuelled, non refillable and
refillable)
Magnesia (deadburned sintered)

Magnesium (unwrought unalloyed)

Magnesium (unwrought unalloyed)

Magnesium oxide

164

Circumvention
investigation
Interim review

New investigation

Partial interim
review
Partial interim
review
Partial interim
review
Partial interim
review
New investigation

Absorption
investigation
Partial interim
review
New investigation

Interim review

Partial interim
review
Partial interim
review
Review

Partial interim
review

C 342
05.12.2001, p. 5
L 258
26.09.2002, p. 27
C 364
20.12.2001, p. 8
C 172
18.07.2002, p. 11
C 264
30.10.2002, p. 10
C 140
13.06.2002, p. 8
C 140
13.06.2002, p. 16
C 140
13.06.2002, p. 9
C 189
09.08.2002, p. 30
C 244
10.10.2002, p. 2
C 140
13.06.2002, p. 13
C 153
27.06.2002, p. 3
C 153
27.06.2002, p. 3
C 140
13.06.2002, p. 4
C 140
13.06.2002, p. 14
C 230
27.09.2002, p. 2
C 140
13.06.2002, p. 6

Origin

Product

Type

Publication

Malleable cast-iron tube or pipe fittings

Interim review

Para-cresol

New investigation

Potassium permanganate

Powdered activated carbon

Ring binder mechanisms

Sacks and bags (polyethylene or
polypropylene)
Silicon metal

Partial interim
review
Partial interim
review
Expiry review

Expiry review

Expiry review

Sodium cyclamate

New investigation

Tube or pipe fittings, of iron or steel

Expiry review

Zinc oxides

Croatia

Czech Rep.

Seamless pipes and tubes, of iron or non-
alloy steel
Malleable cast-iron tube or pipe fittings

Egypt

Seamless pipes and tubes, of iron or non-
alloy steel
Seamless pipes and tubes, of iron or non-
alloy steel
Flat-rolled products of iron or non-alloy steel
(hot-rolled coils)
Rubber-grade carbon blacks

Faeroe Islands

Salmon

Circumvention
investigation
Interim review

Interim review

Expiry review

Interim review

New investigation

New investigation

New investigation

Trout (large rainbow trout)

New investigation

Hungary

India

Flat-rolled products of iron or non-alloy steel
(hot-rolled coils)
Bed linen (cotton-type)

Bed linen (cotton-type)

New investigation

Interim review

Expiry review

Bed linen (cotton-type) (AS)

New investigation

Coke

Interim review

Compact disks - recordable (CD-Rs)

New investigation

C 342
05.12.2001, p. 5
C 153
27.06.2002, p. 7
C 140
13.06.2002, p. 12
C 262
29.10.2002, p. 2
C 21
24.01.2002, p. 25
C 243
09.10.2002, p. 10
C 246
12.10.2002, p. 9
C 318
19.12.2002, p. 7
C 103
03.04.2001, p. 5
L 344
19.12.2002, p. 12
C 288
23.11.2002, p. 11
C 342
05.12.2001, p. 5
C 288
23.11.2002, p. 2
C 288
23.11.2002, p. 2
C 364
20.12.2001, p. 5
C 367
21.12.2001, p. 16
C 172
18.07.2002, p. 11
C 318
19.12.2002, p. 2
C 364
20.12.2001, p. 5
C 39
13.02.2002, p. 17
C 300
04.12.2002, p. 10
C 316
18.12.2002, p. 10
C 308
11.12.2002, p. 2
C 116
17.05.2002, p. 2

165

Origin

Product

Type

Publication

Compact disks - recordable (CD-Rs) (AS)

New investigation

Polyethylene terephthalate (PET) film (AS)

Indonesia

Sacks and bags (polyethylene or
polypropylene)
Footwear

Lighters (disposable gas-fuelled)

Partial interim
review
Expiry review

Partial interim
review
New investigation

Polyester texturered filament yarn (PTY)

Expiry review

Polyester texturered filament yarn (PTY)

Interim review

Sacks and bags (polyethylene or
polypropylene)
Sodium cyclamate

Iran

Japan

Flat-rolled products of iron or non-alloy steel
(hot-rolled coils)
Malleable cast-iron tube or pipe fittings

Korea (Rep. of)

DRAMs (AS)

Expiry review

New investigation

New investigation

Interim review

New investigation

Malleable cast-iron tube or pipe fittings

Interim review

Libya

Lithuania

Flat-rolled products of iron or non-alloy steel
(hot-rolled coils)
Filament yarn of cellulose acetate

New investigation

New investigation

Urea and ammonium nitrate solutions

Malaysia

Lighters (disposable gas-fuelled)

Prov. duty

Partial interim
review
New investigation

Polyester textured filament yarn

Expiry review

Norway

Salmon (AD/AS)

Interim review

Trout (large rainbow trout)

New investigation

Pakistan

Bed linen (cotton-type)

New investigation

Poland

Grain oriented electrical sheets and strips

New investigation

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

Expiry review

C 116
17.05.2002, p. 4
C 154
28.06.2002, p. 2
C 243
09.10.2002, p. 10
C 140
13.06.2002, p. 9
C 153
27.06.2002, p. 3
C 316
10.11.2001, p. 9
C 129
31.05.2002, p. 2
C 243
09.10.2002, p. 10
C 318
19.12.2002, p. 7
C 364
20.12.2001, p. 5
C 342
05.12.2001, p. 5
C 177
25.07.2002, p. 2
C 342
05.12.2001, p. 5
C 364
20.12.2001, p. 5
C 364
20.12.2001, p. 3

L 251
19.09.2002, p. 9
C 314
17.12.2002, p. 2
C 153
27.06.2002, p. 3
C 135
06.06.2002, p. 10
C 53
28.02.2002, p. 10
C 318
19.12.2002, p. 2
C 316
18.12.2002, p. 6
C 111
08.05.2002, p. 5
C 288
23.11.2002, p. 2

166

Origin

Product

Type

Publication

Romania

Russia

Slovakia

South Africa

Taiwan

Seamless pipes and tubes, of iron or non-
alloy steel
Seamless pipes and tubes, of iron or non-
alloy steel
Seamless pipes and tubes, of iron or non-
alloy steel
Grain oriented electrical sheets

Interim review

Expiry review

Interim review

Expiry review

Grain oriented electrical sheets

Interim review

Grain oriented electrical sheets

Grain oriented electrical sheets

Grain oriented electrical sheets and strips

Hollow sections

Partial interim
review
Partial interim
review
New investigation

New investigation

Rubber-grade carbon blacks

New investigation

Seamless pipes and tubes, of iron or non-
alloy steel
Seamless pipes and tubes, of iron or non-
alloy steel
Silicon metal

Urea

Flat-rolled products of iron or non-alloy steel
(hot-rolled coils)
Seamless pipes and tubes, of iron or non-
alloy steel
Seamless pipes and tubes, of iron or non-
alloy steel
Flat rolled products of iron or non-alloy steel
(hot rolled coils)
Lighters (gas-fuelled, non-refillable)

Lighters (gas-fuelled, non refillable and
refillable)
Polyester textured filament yarn (PTY)

Expiry review

Interim review

New investigation

Partial interim
review
New investigation

Expiry review

Interim review

Interim review

Partial interim
review
Interim review

Expiry review

Polyester textured filament yarn (PTY)

Interim review

Thailand

Tube or pipe fittings, of iron or steel
(extension to China)
Footwear

Expiry review

Partial interim
review

167

C 288
23.11.2002, p. 2
C 288
23.11.2002, p. 2
C 288
23.11.2002, p. 2
C 53
20.02.2001, P. 13
C 53
20.02.2001, P. 13
C 186
06.08.2002, p. 15
C 242
08.10.2002, p. 16
C 111
08.05.2002, p. 5
C 249
16.10.2002, p. 5
C 367
21.12.2001, p. 16
C 288
23.11.2002, p. 2
C 288
23.11.2002, p. 2
C 246
12.10.2002, p. 12
C 140
13.06.2002, p. 5
C 364
20.12.2001, p. 5
C 288
23.11.2002, p. 2
C 288
23.11.2002, p. 2
C 364
20.12.2001, p. 8
C 140
13.06.2002, p. 13
C 153
27.06.2002, p. 3
C 170
14.06.2001, p. 2
C 129
31.05.2002, p. 5
C 103
03.04.2001, p. 5
C 140
13.06.2002, p. 9

Origin

Product

Type

Publication

Malleable cast-iron tube or pipe fittings

Interim review

Polyester texturered filament yarn (PTY)

Expiry review

Sacks and bags (polyethylene or
polypropylene)
Tube or pipe fittings, of iron or steel

Expiry review

Expiry review

Tube or pipe fittings, of iron or steel

Interim review

Turkey

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

New investigation

New investigation

Ukraine

Ferro-silico-manganese

USA

Seamless pipes and tubes, of iron or non-
alloy steel
Cold-rolled flat products

Ethanolamines

Filament yarn of cellulose acetate

Partial interim
review
Interim review

New investigation

Partial interim
review
New investigation

Prov. duty

Vietnam

Lighters (disposable gas-fuelled)

New investigation

C 342
05.12.2001, p. 5
C 316
10.11.2001, p. 9
C 243
09.10.2002, p. 10
C 103
03.04.2001, p. 5
C 103
03.04.2001, p. 5
C 364
20.12.2001, p. 5
C 249
16.10.2002, p. 5
C 140
13.06.2002, p. 8
C 288
23.11.2002, p. 11
C 314
17.12.2002, p. 3
C 140
13.06.2002, p. 17
C 364
20.12.2001, p. 3

L 251
19.09.2002, p. 9
C 153
27.06.2002, p. 3

168

ANNEX S

Refunds during the period 1 January - 31 December 2002

LODGED

PRODUCT

ORIGIN

REFERENCE

Wooden Pallets

Poland

Leather handbags (recurrent applications)

P.R. China

Compact Fluorescent Lamps -integrated (CFL-i) China

Polyester textured filament yarn (PTY)

Indonesia

R15/04

R17/05

R 23/01

R 24/01

ONGOING ANALYSES

PRODUCT

ORIGIN

REFERENCE

Iron & steel sheets

Artificial Corundum (previously suspended)

Wooden pallets

Leather handbags

Leather handbags

Malleable tube and pipe fittings

CFL -i lamps

FYROM

China

Poland

P.R. China

P.R. China

Japan

China

Polyester textured filament yarn (PTY)

Indonesia

R1/01

R 7/01

R15/01

R17/05

R17/06

R 22/01 (-a)

R 23/01

R 24/01

Bed Linen

Pakistan

R16/02

INVESTIGATION SUSPENDED

DECISIONS ADOPTED

PRODUCT

ORIGIN

DECISION

REFERENCE

Leather handbags

Leather handbags

Leather handbags

P.R. China

Full refund

P.R. China

Full refund

P.R. China

Full refund

R17/03

R17/04

R17/07

169

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 2002

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 C-422/02

Europe Chemi-Con GmbH v. Council

Court of First Instance

Case T-192/98

EUROCOTON v. Council

Case T-195/98

Ettlin Spinnerei AG 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

Case T-138/02

Nanjing Metalink v. Council

Case T-274/02

Ritek Corp. & Prodisc Tech Inc. v. Council

Case T-350/02

Ikegami v. Council

170

B.

Judgments, orders and other decisions rendered by the Court of Justice and the Court
of First Instance of the European Communities during 2002

Court of Justice

Court of First Instance

Case T-132/01 R

Euroalliages v. Commission

Case T-598/97

British Shoe v. Council

Case T-340/99

Arne Mathisen AS v. Council

Case T-239/00

SCI UK Ltd. v. Commission

Case T-89/00

Case T-88/98

Europe ChemiCon GmbH v. Council

Kundan Industries Ltd. and Tata International Ltd. v. Council

171

ANNEX U

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

Community or its Member States during 2002

A.

Anti-dumping investigations (sorted by date of imposition)

Anti-dumping measures in force at the beginning of 2002

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

INDIA

Acrylonitrile butadiene rubber
(ABR)

France

Italy

Germany

EU

EU

Germany

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

30 July 1997

USA

USA

USA

USA

USA

USA

USA

USA

USA

USA

USA

USA

USA

USA

USA

USA

SOUTH AFRICA Circuit breakers

SOUTH AFRICA Calcium Acetate

France, Italy

The Netherlands

8 August 1997

10 October 1997

172

SOUTH AFRICA Acrylic fibers

INDIA

Catalysts (6ppd)

SOUTH AFRICA Paper woodfree

SOUTH AFRICA Glass Microspheres

NEW ZEALAND Canned Peaches

KOREA

Carbonless self-Copy paper

Portugal

Denmark

Sweden

Austria, UK

Greece

Germany

MALAYSIA

Paper corrugating medium

EU

INDIA

Graphite Electrodes

Spain, Italy, Germany,
Austria, France, Belgium

24 December 1997

2 February 1998

13 February 1998

27 February 1998

9 March 1998

10 March 1998

3 April 1998

5 May 1998

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

INDIA

Acrylic fibers I

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

USA

Stainless steel plate in coils

Belgium, Italy

SOUTH AFRICA Acetaminophenol

Polycarbonates

France

Germany

BRAZIL

USA

BRAZIL

CANADA

MEXICO

EGYPT

Stainless steel sheet and strip in
coils

France, Germany, Italy,
UK

Sodium Tripoliphosphate

Cold-rolled Steel sheet

Crystal polystyrene

Tires for motor cars

UK

Belgium

EU

EU

173

Italy, Spain, Portugal

22 January 1999

France

Finland

UK, Spain, Italy,
Germany, France, Sweden

2 February 1999

20 February 1999

4 March 1999

Belgium, Ireland,
Germany, Spain

Belgium, Germany,
Spain, Ireland

France

Spain, Italy

Italy

12 March 1999

12 March 1999

12 April 1999

17 May 1999

14 May 1999

21 May 1999

18 June 1999

26 July 1999

27 July 1999

5 August 1999

27 August 1999

23 September 1999

4 October 1999

COLOMBIA

Coffee grade Fertilizers

ARGENTINA

Ceramic floor tiles

Belgium

Italy

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

Italy

SOUTH AFRICA Cable super tension

Germany

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

6 October 1999

17 November 1999

3 December 1999

20 January 2000

10 February 2000

10 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

BRAZIL

BRAZIL

USA

Photographic Paper

Insulin Products

Milk powder

Stainless steel butt-weld pipe
fittings

INDIA

Hydroxyl Amine Sulphate

INDONESIA

Sorbitol

BRAZIL

Méthyl métacrylate

UK, France

France, Denmark

EU

Italy

EU

EU

France, Germany, Spain,
UK

INDIA

Sodium Ferro Cyanide

AUSTRALIA

Caravan Airco

INDIA

USA

INDIA

Caustic Soda

Stainless steel angle

Aniline

EU

Italy

France

Spain

EU

21 December 2000

12 February 2001

23 February 2001

23 February 2001

01 March 2001

12 March 2001

14 March 2001

16 April 2001

20 April 2001

14 May 2001

18 May 2001

28 May 2001

174

INDIA

Theophilline & Caffeine

EU

ARGENTINA

Steel disc for agricultural machine Spain

26 June 2001

31 July 2001

USA

Certain hot-rolled carbon steel flat
products

The Netherlands

29 November 2001

Anti-dumping initiations prior to 2002 and pending end 2002

Country

Product

TURKEY

PVC

CHINA

Caprolactam

Member states
concerned

Date of initiation

Germany, Italy, Belgium,
the Netherlands, Greece,
Finland

Belgium, Germany, the
Netherlands

2 November 2001

7 December 2001

Anti-dumping initiations in 2002

Country

Product

Member states
concerned

Date of initiation

INDIA

INDIA

INDIA

INDIA

INDIA

INDIA

INDIA

INDIA

INDIA

INDIA

CHINA

CHINA

Potassium carbonate

Sodium hydrosulphite

X-Ray baggage inspection multi-
energy system

Oxo alcohols

Caustic soda

Hot rolled coils, sheets, plates and
strips

Methylene chloride

Phenol

D(-) para hydroxy phenyl glycirine
base (PHPG) –I

Vitamin A Palmitate

Art Paper

Catechol

THAILAND

Cold-Rolled steel products

MEXICO

BRAZIL

Ceramic tiles

Cutting  steel  blades  for  machine-
tools used in sawing stones

ARGENTINA

Unmodified starch

EU

Germany

EU

EU

19 December 2002

14 December 2002

15 May 2002

27 August 2002

EU except France

8 November 2002

EU

EU

EU

EU

EU

Finland

EU

EU

Spain

Italy

25 September 2002

19 August 2002

15 February 2002

08 March 2002

24 January 2002

6 February 2002

1 March 2002

19 February 2002

16 May 2002

23 October 2002

Belgium,  France, 
the Netherlands

Italy,

5 December 2002

AUSTRALIA

High density polyethylene

Sweden

11 November 2002

175

AUSTRALIA

Polyester and polyether based
thermoplastic polyurethanes

Germany, Italy

26 September 2002

AUSTRALIA

Dichlorophenoxy-acetic acid

UK

AUSTRALIA

Dialysis bags

USA

KOREA

Polyvinil Alcohol

Ethylhexyl alcohol

Germany

Germany

2 April 2002

8 August 2002

10 September 2002

Germany, France

30 August 2002

Definitive anti-dumping measures imposed in 2002

Country

Product

Member states
concerned

Date of imposition

16 June 2002

1 June 2002

19 December 2002

5 September 2002

19 September 2002

9 October 2002

14 January 2002

15 January 2002

21 May 2002

19 September 2002

CZECH REP

Cacao powder

BULGARIA

BULGARIA

EGYPT

Crown corks

Ammonium nitrate

Lamps

EU

EU

EU

Spain, Italy

Acrylic fibre (below 1.5 denier)

Italy

Acrylic fibre

Choline cloride

High styrene rubber

Vitamin AD3

Flexible slabstock polyol

Cold rolled flat products stainless
steel

Germany - UK

EU

EU

EU

EU

INDIA

INDIA

INDIA

INDIA

INDIA

INDIA

INDIA

INDIA

CHINA

EU, Spain, Belgium

19 October 2002

Sodium nitrate

EU

Methylene Chloride

France, Germany, the
Netherlands, UK

28 October 2002

20 June 2002

ARGENTINA

Washing Machines

Italy, Spain

28 February 2002

BRAZIL

BRAZIL

Canned peaches

Phenol

Greece

Germany

26 April 2002

21 October 2002

SOUTH AFRICA White self-copy paper

Belgium, Germany, UK

1 July 2002

SOUTH AFRICA PVC based roll goods

Germany, Spain, UK

28 August 2002

SOUTH AFRICA Ropes and cables of iron or steel

Germany, the Netherlands 22 February 2002

USA

USA

USA

Sulfanilic Acid

Portugal

8 November 2002

Stainless Steel bars

Germany, UK, Italy,
France

7 Mars 2002

Low enriched uranium

France

13 February 2002

176

Termination of investigations without measures in 2002

Country

Product

Member states
concerned

Date of termination

ARGENTINA

Steel saw blade

ARGENTINA

Steel granules

UK

Spain

26 August 2002

18 April 2002

Anti-dumping measures repealed in 2002

Country

Product

Member states
concerned

Date

ARGENTINA

Ceramic tiles

INDIA

Catalysts

SOUTH AFRICA Glass micropheres

SOUTH AFRICA Glass micropheres

SOUTH AFRICA Acrylic fibers

AUSTRALIA

Canned tomatoes

Italy

Denmark

France, Germany

Austria, UK

Portugal

Italy

26 April 2002

October 2002

14 June 2002

14 June 2002

23 December 2002

29 April 2002

USA

USA

USA

USA

USA

USA

USA

USA

USA

USA

USA

USA

USA

Anti-dumping measures in force end 2002

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

France

9 April 1982

10 August 1983

30 August 1988

15 May 1989

10 July 1990

19 February 1991

21 October 1992

19 August 1993

Cut-to-length carbon steel plate

Belgium, Finland, Spain,
Sweden, UK, Germany

Corrosion resistant carbon steel flat
products

France, Germany

19 August 1993

Stainless steel wire rod

France

28 January 1994

177

AUSTRALIA

Polyvinyl Chloride

AUSTRALIA

A4 Copy paper

Grain-oriented electrical steel

Stainless steel bar

Germany

Italy

Spain

USA

USA

USA

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

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

INDIA

Acrylonitrile butadiene rubber
(ABR)

Germany

30 July 1997

SOUTH AFRICA Circuit breakers

SOUTH AFRICA Calcium Acetate

SOUTH AFRICA Paper woodfree

NEW ZEALAND Canned Peaches

KOREA

Carbonless self-Copy paper

France, Italy

The Netherlands

Sweden

Greece

Germany

MALAYSIA

Paper corrugating medium

EU

INDIA

Graphite Electrodes

Spain, Italy, Germany,
Austria, France, Belgium

8 August 1997

10 October 1997

13 February 1998

9 March 1998

10 March 1998

3 April 1998

5 May 1998

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

INDIA

Acrylic fibers I

PTBC

AUSTRALIA

A4 Copy paper

CANADA

Stainless Steel round bar

SOUTH AFRICA Hypodermic syringes

SOUTH AFRICA Hypodermic needles

Italy, Spain, Portugal

22 January 1999

France

Finland

UK, Spain, Italy,
Germany, France, Sweden

Belgium, Ireland,
Germany, Spain

Belgium, Germany,
Spain, Ireland

2 February 1999

20 February 1999

4 March 1999

12 March 1999

12 March 1999

CANADA

Cigarette tubes

France

12 April 1999

178

CANADA

Steel plate

VENEZUELA

Syringes

Spain, Italy

Italy

USA

Stainless steel plate in coils

Belgium, Italy

SOUTH AFRICA Acetaminophenol

Polycarbonates

France

Germany

BRAZIL

USA

BRAZIL

CANADA

MEXICO

EGYPT

Stainless steel sheet and strip in
coils

France, Germany, Italy,
UK

Sodium Tripoliphosphate

Cold-rolled Steel sheet

Crystal polystyrene

Tires for motor cars

UK

Belgium

EU

EU

COLOMBIA

Coffee grade Fertilizers

Belgium

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

Italy

SOUTH AFRICA Cable super tension

Germany

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

CANADA

Refined Sugar

EU

Germany

Denmark, Germany, the
Netherlands, UK

17 May 1999

14 May 1999

21 May 1999

18 June 1999

26 July 1999

27 July 1999

5 August 1999

27 August 1999

23 September 1999

4 October 1999

6 October 1999

3 December 1999

20 January 2000

10 February 2000

10 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

6 November 2000

ARGENTINA

Coated paper and paperboard

Austria, Spain, Sweden

23 November 2000

INDIA

BRAZIL

BRAZIL

USA

Photographic Paper

Insulin Products

Milk powder

Stainless steel butt-weld pipe
fittings

UK, France

France, Denmark

EU

Italy

21 December 2000

12 February 2001

23 February 2001

23 February 2001

179

INDIA

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

EU

EU

France, Germany, Spain,
UK

EU

Italy

France

Spain

EU

EU

ARGENTINA

Steel disc for agricultural machine Spain

01 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

USA

Certain hot-rolled carbon steel flat
products

The Netherlands

29 November 2001

16 June 2002

1 June 2002

19 December 2002

5 September 2002

19 September 2002

9 October 2002

14 January 2002

15 January 2002

21 May 2002

19 September 2002

CZECH REP

Cacao powder

BULGARIA

BULGARIA

EGYPT

Crown corks

Ammonium nitrate

Lamps

EU

EU

EU

Spain, Italy

Acrylic fibre (below 1.5 denier)

Italy

Acrylic fibre

Choline cloride

High styrene rubber

Vitamin AD3

Flexible slabstock polyol

Cold rolled flat products stainless
steel

Germany, UK

EU

EU

EU

EU

INDIA

INDIA

INDIA

INDIA

INDIA

INDIA

INDIA

INDIA

CHINA

EU, Spain, Belgium

19 October 2002

Sodium nitrate

EU

Methylene Chloride

France, Germany, the
Netherlands, UK

28 October 2002

20 June 2002

ARGENTINA

Washing Machines

Italy, Spain

28 February 2002

BRAZIL

BRAZIL

Canned peaches

Phenol

Greece

Germany

26 April 2002

21 October 2002

SOUTH AFRICA White self-copy paper

Belgium, Germany, UK

1 July 2002

SOUTH AFRICA PVC based roll goods

Germany, Spain, UK

28 August 2002

SOUTH AFRICA Ropes and cables of iron or steel

Germany, the Netherlands 22 February 2002

USA

USA

USA

Sulfanilic Acid

Portugal

8 November 2002

Stainless Steel bars

Germany, UK, Italy,
France

7 Mars 2002

Low enriched uranium

France

13 February 2002

180

Provisional anti-dumping measures imposed in 2002

Country

Product

Member states
concerned

Date of imposition

INDIA

INDIA

INDIA

INDIA

Methylene chloride

Phenol

D(-) para hydroxy phenyl glycirine
base (PHPG) –I

Vitamin A Palmitate

THAILAND

Cold-Rolled steel products

EU

EU

EU

EU

EU

24 December 2002

24 June 2002

05 June 2002

30 May 2002

27 August 2002

B.

Anti-subsidy investigations (sorted by date of imposition)

Anti-subsidy measures in force at the beginning of 2002

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

VENEZUELA

Semi-hard cheese

VENEZUELA

Gruyère-tipe cheese

NEW ZEALAND Canned peaches

ARGENTINA

Olive Oil

ARGENTINA

Wheat Gluten

France

France

Greece

France, Italy

Italy

Belgium, Germany,
France, Sweden, Spain,
UK

Italy

Italy

Italy

EU

EU

Italy

EU

EU

EU

Greece

EU

EU

Italy

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

7 January 1997

7 January 1997

9 March 1998

25 June 1998

22 July 1998

15 September 1998

11 May 1999

3 June 1999

USA

USA

Stainless steel wire rod

Stainless steel plate in coils

Belgium, Italy

MEXICO

Frozen Beef

EU

181

Anti-subsidy measures in force at the beginning of 2002

Country

Product

Stainless steel sheet and strip in
coils

Member states
concerned

Date of imposition

France, Italy

6 August 1999

Cut-to-length carbon steel plate

France, Italy

AUSTRALIA

Bottled Brandy

France

2 October 2000

27 June 2001

USA

USA

Anti-subsidy initiations prior to 2002 and pending end 2002

Country

Product

Member states
concerned

Date of initiation

NONE

Anti-subsidy initiations in 2002

Country

Product

Member states
concerned

Date of initiation

PERU

USA

Olive Oil

Oil country tubular good

AUSTRALIA

Canned tomatoes

EU

Austria

Italy

26 August 2002

26 April 2002

1 October 2002

Definitive anti-subsidy measures imposed in 2002

Country

Product

Low enriched uranium

Member states
concerned

Date of imposition

France, UK, the
Netherlands, Italy,
Germany

13 February 2002

Stainless Steel bars

Italy

23 January 2002

USA

USA

Termination of investigations without measures in 2002

Country

Product

Member states
concerned

Date of termination

NONE

182

Anti-subsidy measures repealed in 2002

Country

Product

Member states
concerned

Date

AUSTRALIA

Canned tomatoes

AUSTRALIA

Cherries glacés

Italy

France, Italy

22 April 2002

8 April 1992

Anti-subsidy measures in force end 2002

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

France

France

Greece

Carbon steel flat products

Belgium, Germany,
France, Sweden, Spain,
UK

Grain-oriented electrical steel

Seamless line and pressure pipe

Oil country tubular goods

USA

USA

USA

USA

USA

USA

USA

USA

Italy

Italy

Italy

EU

EU

Italy

EU

EU

EU

Greece

EU

EU

Italy

CANADA

Refined Sugar

ARGENTINA

Canned Peaches

USA

Certain pasta

VENEZUELA

Blue-veined cheese

VENEZUELA

Semi-hard cheese

VENEZUELA

Gruyère-tipe cheese

NEW ZEALAND Canned peaches

ARGENTINA

Olive Oil

ARGENTINA

Wheat Gluten

MEXICO

Frozen Beef

Stainless steel wire rod

Stainless steel plate in coils

Belgium, Italy

Stainless steel sheet and strip in
coils

Cut-to-length carbon steel plate

France, Italy

EU

France, Italy

AUSTRALIA

Bottled Brandy

France

USA

Low enriched uranium

France, UK, the
Netherlands, Italy,
Germany

183

6 March 1987

27 February 1990

19 February 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

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

2 October 2000

27 June 2001

13 February 2002

Anti-subsidy measures in force end 2002

Country

Product

Member states
concerned

Date of imposition

USA

Stainless Steel bars

Italy

23 January 2002

Provisional anti-subsidy measures imposed in 2002

Country

Product

Member states
concerned

Date of imposition

PERU

Olive Oil

EU

29 November 2002

184

ANNEX V

Third country safeguard actions during 2002

(sorted by date of imposition)

Safeguard measures in force at the beginning of 2002

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

RUSSIA

RUSSIA

KOREA

CHILE

Wheat and wheat Flour

Sugar

Edible Vegetable Oils

Acetone

Line pipe

Steel wire rod

Sugar

Glucose

Garlic

Socks

MOROCCO

Bananas

EGYPT

Milk Powder

SLOVAKIA

Cane or bear sugar

RUSSIA

Starch

EU

EU

EU

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

1 April 2000

16 April 2000

1 June 2000

8 November 2000

21 February 2001

12 April 2001

01 May 2001

25 May 2001

LITHUANIA

Non-dried pastry yeast

Italy, France, Germany

November 2001

UKRAINE

Disponsable syringes

ARGENTINA

Motorcycles

CZECH REP

Sugar substitute

ARGENTINA

Canned Peaches

JORDAN

Sweetened Biscuits

EU

EU

EU

EU

EU

08 June 2001

22 June 2001

26 July 2001

08 August 2001

01 September 2001

185

Safeguard initiations prior to 2002 and pending end 2002

Country

Product

Member states
concerned

Date of initiation

VENEZUELA

Tyres

EU

8 March 2000

Safeguard initiations in 2002

Country

Product

Member states
concerned

Date of initiation

EU

EU

EU

EU

EU

EU

EU

EU

EU

EU

EU

EU

EU

EU

EU

EU

EU

EU

EU

EU

EU

EU

POLAND

POLAND

POLAND

Carbide of Calcium

Steel

Water heaters

CZECH REP

Ammonium nitrate

CZECH REP

Welded pipes and tubes

CZECH REP

Stranded wire, ropes and cables

CZECH REP

Citric acid

CZECH REP

HUNGARY

BULGARIA

BULGARIA

BULGARIA

SLOVAKIA

JORDAN

JORDAN

JORDAN

JORDAN

JORDAN

JORDAN

JORDAN

CHINA

RUSSIA

RUSSIA

RUSSIA

CHILE

CHILE

RUSSIA

RUSSIA

Steel

Steel

Ammonium nitrate

Steel

Urea

Ammonium nitrate

Aerated waters

Magnetic tapes

Pasta

Ceramic sanitary products

Tiles

Cooking appliances

Electric accumulators

Steel products

Crystal silicone

Ball  bearings  and  other 
bearings

taper

EU

Modified starch

Certain steel products

Glucose,  fructose  and  glucose  and
fructose syrup

Glucose

Butter

EU

EU

EU

EU

EU

186

18 February 2002

08 June 2002

28 May 2002

15 August 2002

06 March 2002

27 February 2002

30 January 2002

02 September 2002

22 May 2002

29 January 2002

26 July 2002

18 June 2002

02 October 2002

17 September 2002

24 January 2002

18 May 2002

27 May 2002

29 May 2002

29 May 2002

17 September 2002

20 May 2002

13 March 2002

13 March 2002

31 March 2002

5 April 2002

8 June 2002

1 July 2002

20 August 2002

RUSSIA

RUSSIA

INDIA

RUSSIA

Country

CHINA

RUSSIA

CHILE

BRAZIL

CHILE

RUSSIA

CZECH
REPUBLIC

BULGARIA

BULGARIA

JORDAN

INDIA

USA

RUSSIA

RUSSIA

UKRAINE

UKRAINE

Wallpaper

Caustic soda

Instant coffee

VENEZUELA

Shoes

UKRAINE

UKRAINE

UKRAINE

Biscuits

Cotton and flex fabric

Ammonium nitrate

COSTA RICA

Rice

CANADA

Certain steel products

Poultry

Sugar syrup

Vegetable oil (edible grade)

Fluorspar

EU

EU

EU

EU

EU

EU

EU

Italy

EU

EU

EU

EU

EU

06 September 2002

7 October 2002

7 October 2002

16 October 2002

6 December 2002

6 December 2002

23 December 2002

11 Mars 2002

25 March 2002

1 July 2002

5 November 2002

27 May 2002

5 November 2002

Definitive safeguard measures imposed in 2002

Product

Member states
concerned

Date of imposition

Steel products

Caramels

Certain  steel  products  (Coils  and
sheets  hot-rolled;  Bars  and  rods,
hot-rolled)

Coconuts

Fructose and Fructose syrup

Glucose

Cocoa powder

Crown corks

Amonium nitrate

Magnetic tapes

Epichlorohydrin

Certain steel products

Refrigerators parts

EU

EU

EU

EU

EU

EU

EU

EU

EU

EU

EU

EU

EU

20 November 2002

25 January 2002

28 June 2002

5 August 2002

30 August 2002

16 October 2002

16 June 2002

1 June 2002

19 December 2002

5 February 2002

30 October 2002

5 Mars 2002

2 August 2002

187

Termination of investigations without measures in 2002

Country

Product

Member states
concerned

Date of termination

POLAND

CZECH
REPUBLIC

JORDAN

JORDAN

JORDAN

JAPAN

JAPAN

JAPAN

RUSSIA

Potasium nitrate

Citric acid

Tiles

Cooking appliances

Electric accumulators

Tatami-omote

Welsh onion

Shiitake Mushroom

Butter

EU

EU

EU

EU

EU

EU

EU

EU

EU

1 December 2002

23 October 2002

23 October 2002

23 October 2002

7 January 2002

7 January 2002

7 January 2002

31 December 2002

Safeguard measures repealed in 2002

Country

Product

Member states
concerned

Date

NONE

Safeguard measures in force end of 2002

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

RUSSIA

RUSSIA

Wheat and wheat Flour

Sugar

Edible Vegetable Oils

Acetone

Line pipe

Steel wire rod

Sugar

Glucose

EU

EU

EU

EU

EU

EU

EU

EU

EU

EU

EU

EU

EU

EU

188

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

1 April 2000

16 April 2000

KOREA

CHILE

Garlic

Socks

MOROCCO

Bananas

EGYPT

Milk Powder

SLOVAKIA

Cane or bear sugar

RUSSIA

Starch

EU

EU

EU

EU

EU

EU

1 June 2000

8 November 2000

21 February 2001

12 April 2001

01 May 2001

25 May 2001

LITHUANIA

Non-dried pastry yeast

Italy, France, Germany

November 2001

UKRAINE

Disponsable syringes

ARGENTINA

Motorcycles

CZECH REP

Sugar substitute

ARGENTINA

Canned Peaches

JORDAN

CHINA

RUSSIA

CHILE

BRAZIL

CHILE

RUSSIA

CZECH
REPUBLIC

BULGARIA

BULGARIA

JORDAN

INDIA

USA

RUSSIA

Sweetened Biscuits

Steel products

Caramels

Certain  steel  products  (Coils  and
sheets  hot-rolled;  Bars  and  rods,
hot-rolled)

Coconuts

Fructose and Fructose syrup

Glucose

Cocoa powder

Crown corks

Amonium nitrate

Magnetic tapes

Epichlorohydrin

Certain steel products

Refrigerators parts

EU

EU

EU

EU

EU

EU

EU

EU

EU

EU

EU

EU

EU

EU

EU

EU

EU

EU

08 June 2001

22 June 2001

26 July 2001

08 August 2001

01 September 2001

20 November 2002

25 January 2002

28 June 2002

5 August 2002

30 August 2002

16 October 2002

16 June 2002

1 June 2002

19 December 2002

5 February 2002

30 October 2002

5 Mars 2002

2 August 2002

Provisional safeguard measures imposed in 2002

Country

Product

Member states
concerned

Date of imposition

POLAND

HUNGARY

BULGARIA

JORDAN

CHINA

Steel

Steel

Ammonium nitrate

Magnetic tapes

Steel products

COSTA RICA

Pounded rice and rice in the husk

RUSSIA

RUSSIA

Modified starch

Butter

EU

EU

EU

EU

EU

EU

EU

EU

189

19 August 2002

3 June 2002

1 July 2002

5 February 2002

24 May 2002

7 March 2002

1 July 2002

24 September 2002

VENEZUELA

U & I sections of iron or steel, hot-
drawn  or  extruded,  of  a  height
between 80-120 mm

EU

17 October 2002

190