Commission staff working document - Accompanying document to the 26th annual report from the Commission to the European Parliament on the community’s anti-dumping, anti-subsidy and safeguard activities (2007) [COM(2008) 877 final]
Date: 2008-12-19
Institutions: European Commission
Subjects: European Community, activity report, anti-dumping legislation, anti-subsidy proceeding, protective clause

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 19.12.2008 
SEC(2008) 3073 

COMMISSION STAFF WORKING DOCUMENT 

Accompanying document to the 

26th ANNUAL REPORT FROM THE COMMISSION 

TO THE EUROPEAN PARLIAMENT 

ON THE COMMUNITY’S ANTI-DUMPING, ANTI-SUBSIDY  

AND SAFEGUARD ACTIVITIES 

(2007) 

[COM(2008) 877 final] 

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TABLE OF CONTENTS 

Executive summary .................................................................................................................... 5 

1. 

Overview of the legislation .......................................................................................... 7 

1.1. 

Anti-dumping and anti-subsidy.................................................................................... 7 

1.1.1.  The international framework........................................................................................ 7 

1.1.2.  The Community legislation.......................................................................................... 7 

1.2. 

Safeguards .................................................................................................................... 8 

1.2.1.  The international framework........................................................................................ 8 

1.2.2.  The Community legislation.......................................................................................... 9 

1.3. 

Anti-subsidy and unfair pricing instrument for airline services................................... 9 

2. 

Basic concepts............................................................................................................ 10 

2.1. 

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

2.1.1.  What is dumping and what are countervailable subsidies - the material conditions for 
the imposition of duties? ............................................................................................ 10 

2.1.1.1.  Dumping and subsidies .............................................................................................. 10 

2.1.1.2.  Material injury and causation..................................................................................... 10 

2.1.1.3.  Community interest.................................................................................................... 11 

2.1.2.  Procedure ................................................................................................................... 11 

2.1.3.  Review of measures ................................................................................................... 14 

2.1.4. 

Judicial reviews.......................................................................................................... 14 

2.2. 

Safeguards .................................................................................................................. 14 

2.2.1.  What are safeguard measures? ................................................................................... 14 

2.2.2.  Procedure ................................................................................................................... 15 

3. 

4. 

4.1 

4.2 

4.3 

4.4 

4.5 

Continuation of the TDI review process .................................................................... 16 

Country-wide market economy status (MES)............................................................ 17 

China .......................................................................................................................... 17 

Vietnam ...................................................................................................................... 18 

Armenia...................................................................................................................... 18 

Kazakhstan ................................................................................................................. 18 

Mongolia .................................................................................................................... 18 

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5. 

5.1. 

5.2. 

6. 

7. 

8. 

8.1. 

8.2. 

9. 

Information and Communication activities / Bilateral contacts................................. 18 

Small and medium sized enterprises (SMEs) ............................................................ 18 

Seminars..................................................................................................................... 18 

The Trade Defence Instruments’ services.................................................................. 19 

The Hearing Officer ................................................................................................... 19 

General overview of anti-dumping and anti-subsidy investigations and measures ... 19 

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

Review investigations ................................................................................................ 21 

Overview of activities in 2007 ................................................................................... 23 

9.1. 

New investigations ..................................................................................................... 23 

9.1.1. 

Initiations ................................................................................................................... 23 

9.1.1.1.  Overview .................................................................................................................... 23 

9.1.2.  Provisional measures.................................................................................................. 24 

9.1.3.  Definitive measures.................................................................................................... 25 

9.1.3.1.  Overview .................................................................................................................... 25 

9.1.3.2.  Details on individual cases (in alphabetical order) .................................................... 25 

9.1.4. 

Investigations terminated without measures .............................................................. 34 

9.1.4.1.  Overview .................................................................................................................... 34 

9.1.4.2.  Details on some individual cases ............................................................................... 34 

9.2. 

Review investigations ................................................................................................ 38 

9.2.1.  Expiry reviews ........................................................................................................... 38 

9.2.1.1.  Initiations ................................................................................................................... 38 

9.2.1.2.  Reviews concluded with confirmation of duties........................................................ 39 

9.2.1.3.  Reviews concluded by termination ............................................................................ 44 

9.2.2. 

Interim reviews .......................................................................................................... 47 

9.2.3. 

“Other” interim reviews ............................................................................................. 48 

9.2.4.  New exporter reviews ................................................................................................ 48 

9.2.5.  Absorption investigations .......................................................................................... 49 

9.2.6.  Circumvention investigations .................................................................................... 49 

9.3. 

Safeguard investigations ............................................................................................ 50 

9.3.2.  Safeguard measures on certain prepared or preserved citrus fruits (satsumas) ......... 50 

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10. 

Enforcement of anti-dumping/countervailing measures ............................................ 50 

10.1. 

Follow-up of measures............................................................................................... 51 

10.2.  Monitoring of undertakings ....................................................................................... 51 

11. 

12. 

Refunds ...................................................................................................................... 52 

Judicial review: decisions given by the Court of Justice / Court of First Instance .... 53 

12.1.  Overview of the judicial reviews in 2007 .................................................................. 53 

12.2.  Cases pending ............................................................................................................ 53 

12.3.  New cases................................................................................................................... 53 

12.4. 

Judgments rendered by the Court of First Instance.................................................... 53 

12.4.1.  Silicon originating in Russia – T-107/04 – Aluminium Silicon Mill Products GmbH 
v Council of the European Union: Judgment of 14th March 2007 (OJ C 95 of 
28.04.2007, p.37) ....................................................................................................... 53 

12.5. 

Judgments rendered by the Court of Justice .............................................................. 54 

12.5.1  Bed Linen originating in Egypt, India and Pakistan – C-351/04 – Ikea Wholesale Ltd. 
v. Commissioners of Customs & Excise [reference for a preliminary ruling]: 
Judgment of 27 September 2007 (C 283, 24.11.2007, p.2) ....................................... 54 

13. 

Activities in the framework of the World Trade Organization (WTO) ..................... 55 

13.1.  Dispute settlement in the field of anti-dumping, anti-subsidy and safeguards .......... 55 

13.1.1.  Overview of the WTO dispute settlement procedure................................................. 55 

13.1.2.  Dispute settlement procedures initiated by third countries against the Community.. 55 

13.1.2.2. Norway – farmed salmon ........................................................................................... 55 

13.2.  Other WTO activities ................................................................................................. 56 

14. 

15. 

Conclusion ................................................................................................................. 56 

LIST OF ANNEXES ................................................................................................. 58 

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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.  

This  report,  as  in  previous  years,  gives  an  overview  of  the  Community  legislation  in  force 
with regard to trade defence instruments, including safeguards.  

The  report  also  summarises  the  developments  in  general  policy.  As  in  previous  years,  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  rate  of 
individual 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 provide a full overview of the activity in 2007.  

This report also addresses the work on the 'Green Paper" process which had been launched in 
2006. Many stakeholders including producers, consumers and users, exporters, importers, the 
legal community and academics became involved in that process throughout 2007.  

2007  saw  some  lower  levels  of  activity  than  previous  years  in  some  areas,  i.e.  initiation  of 
new  cases  (9)  and  the  number  of  new  investigations  concluded  (22).  However,  for  other 
activities  2007  was  average.  Definitive  anti-dumping  or  countervailing  measures  were 
imposed in 12 cases with provisional measures being imposed in 12 cases.  

As  regards  expiry  review  investigations,  11  investigations  were  initiated.  In  13  expiry 
reviews, the investigations were concluded with confirmation of the duty and in 3 cases, the 
investigations  were  concluded  by  termination  of  the  measures.  Regarding  interim  review 
investigations, 24 were initiated, 8 were concluded by terminating the measures and 11 were 
concluded with confirmation or amendment of the duty.  

The European Parliament's INTA Committee was regularly informed about developments in 
the EU's trade defence activities. 

There was no new activity in the area of safeguards. The only safeguard measure which had 
been in place at the start of 2007 i.e. on certain prepared or preserved citrus fruits (Satsumas), 
expired in November 2007.  

As in previous years, this report continues to provide an overview on the Court cases relating 
to the trade policy instruments. During 2007, 1 Judgment was rendered by the Court of First 
Instance and 1 by the Court of Justice. 

The  relevant  activities  in  the  framework  of  the  World  Trade  Organisation  (WTO)  are  also 
reported including dispute settlement procedures initiated against the Community. The report 
also  addresses  the  continuation  of  the  negotiations  on  the  Anti-dumping  and  Subsidies 
Agreements, in which the Commission continued to play an active role.  

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

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

This report is also available to the general public.  

Internet Website 
http://europa.eu.int/comm/trade/issues/respectrules/anti_dumping/legis/index_en.htm 

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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.  Even  though,  the 
beginning of the disciplines dates back quite some time, world trade is currently still 
distorted by unfair practices, making the instruments still relevant. 

Since  the  beginning,  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 measures can be adopted. The Community 
played an active role in the negotiation of these relevant criteria which are reflected 
in  its  own  legislation.  The  Community's  role  is  the  more  so  important  today  as  a 
number of new users take action without the necessary rigor and restraint, affecting 
negatively  also  EU  operators.  The  role  the  Community  plays  as  a  prudent  user  has 
therefore also an exemplary function at WTO level. 

1.1.2.  The Community legislation 

The  Community’s  anti-dumping  and  anti-subsidy  legislation  was  first  enacted  in 
1968 and has since been modified several times. The current basic texts, which form 
the  legal  basis  of  anti-dumping  and  anti-subsidy  investigations  in  the  Community, 
entered  into  force  in  March  1996  and  October  1997  respectively.  These  are  in  line 
with 
the 
the  Anti-Dumping  and  Anti-Subsidy  Agreements  adopted  during 
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)". 

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OJ L 56, 6.3.1996, p. 1, as last amended by Council Regulation (EC) No 2117/2005 
(OJ L 340, 23.12.2005, p. 17). 
OJ  L  288,  21.10.1997,  p.  1,  as  last  amended  by  Council  Regulation  (EC)  No  461/2004 
(OJ L 77, 13.3.2004, p. 12). 

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

The  Community  interest  test  is  a  public  interest  clause  and  provides  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 Community industry, users, consumers and traders of the product concerned. The 
Community  interest  test  does  not  involve  wider  aspects  such  as  foreign  or 
development policy considerations. 

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. Such a “no-injury” rate is determined 
by  using  the  cost  of  production  of  the  Community  industry  and  a reasonable  profit 
margin; it reduces the anti-dumping measures for individual exporting companies in 
almost  half  of  the  cases  and  is  applied,  on  a  world-wide  level,  only  by  the 
Community on a regular basis. 

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  temporary  defence 
measure that applies to all imports of the product covered by a measure, irrespective 
of origin. 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 of Accession). 

WTO 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  Community  producers 
and d) a causal link between the imports and the injury. WTO Accession Protocols 
may provide for specific requirements. 

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1.2.2.  The Community legislation 

The  above-mentioned  principles  are  all  reflected  in  the  relevant  Community 
regulations,  except  for  the  “unforeseen  development  requirement”  (which  is  not  in 
the  Community  law  but  has  been  confirmed  as  a  self-standing  condition  by  WTO 
jurisprudence). 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  3285/945  on  the  common  rules  of  imports  and 
repealing Regulation (EC) No 518/94; 

Council  Regulation  (EC)  No  519/946  on  common  rules  for  imports  from 
certain third countries and repealing Regulations (EEC) Nos 1765/82, 1766/82 
and  3420/83.  This  Regulation  was  amended  in  2003  when  a  Transitional 
Product-Specific Safeguard Mechanism for imports originating in the People’s 
Republic  of  China  was  adopted7.  This  Regulation  ensures  that  Council 
Regulation (EC) No 519/94 is no longer applicable to the People’s Republic of 
China; 

Council  Regulation  (EC)  No  517/948  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)". 

1.3. 

Anti-subsidy and unfair pricing instrument for airline services 

Regulation No 868/20049 dealing with the effect of subsidisation and unfair pricing 
for air services from third countries which was adopted by the EP and the Council in 
2004  requested  the  Commission  to  prepare  a  methodology  to  assess  unfair  pricing 
practices. This complex work, involving different services of the Commission as well 
as external experts, is on-going. The resulting methodology should be both derived 
from  the  significant  EU  experience  in  trade  in  goods  and  adapted  to  the  highly 
specific sector of the air-services. 

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last  amended  by  Regulation 

OJ  L  349,  31.12.94,  p.  53,  as 
(OJ L 374, 22.12.2004, p. 1). 
OJ L 67, 10.3.94, p. 89, as last amended by Regulation (EC) No 427/2003 (OJ L 65, 8.3.2003, p. 1) 
Council Regulation (EC) No 427/2003 (OJ L 65, 8.3.2003, p. 1), as last amended by Regulation (EC) 
No 1985/2003 (OJ L 295, 13.11.2003, p. 43) 
last 
OJ  L  67,  10.3.94,  p.  1, 
(OJ L 337, 5.12.2006, p. 12). 
OJ L 162, 30.4.2004, p. 1 

amended  by  Regulation 

(EC)  No  1786/2006 

(EC)  No  2200/2004 

as 

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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,  plus  profit.  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,  plus  profit.  In  the  latter  case,  a  company  is  selling  at 
dumped prices if its export prices are below the cost of production, plus profit. 

A certain segregation of the market, triggered by a variety of distortions, 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 intervention. 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  in  that  they  allow 
exporters to operate from a distorted home base. Subsidies involve a direct support 
from  a  government  or  a  government-directed  private  body  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.  Only 
subsidies which are “specific”, i.e. targeted at individual companies or certain sectors 
of the economy, can be subject to trade defence measures. 

Both anti-dumping and anti-subsidy measures are thus only second-best solutions in 
the absence of internationally agreed and enforced competition rules. 

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. 

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Typical  indicators  of  injury  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,  below  cost,  pricing  strategy.  In  any 
event,  the  injury  analysis  requires  that  all  relevant  factors  be  taken  into  account 
before  deciding  whether  the  Community  industry  is  in  fact  suffering  “material 
injury”. 

A further condition for the imposition of measures is the need for “a causal link”: the 
injury must be caused by the dumping or the subsidy. This condition is often 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  whether  there  are  compelling  reasons  according  to 
which measures would 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. These interests typically 
include  those  of  the  Community  industry,  users,  consumers  and  traders  of  the 
product concerned and the analysis assesses the positive impact measures will have 
on some operators as opposed to the negative impact on others. Measures should not 
be  imposed  only  if  it  can  be  clearly  concluded  that their  negative impact would  be 
disproportionate,. 

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  the  candidate  countries.  The  rules  relating  to  a  new  case  are 
summarised below. 

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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. Then, 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,  exporting  country  authorities  in  anti-subsidy  investigations  in 
particular 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,  in  anti-subsidy  investigations  also  to  the  exporting  country 
authorities,  and  in  the  Community,  to  the  Community  producers,  traders  (in 
particular importers) and other interested parties, such as users. These questionnaires 
cover all different conditions to be fulfilled, i.e. dumping/subsidy, injury, causation 
and  Community  interest.  The  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,  as  well  as  for  the  Community 
interest  analysis.  The  respective  calculations  and  analysis  often  involve  the 
processing of thousands of transactions, the complex examination of production costs 
and the assessment of the economic situation of numerous economic operators. 

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, whether 
to  continue  the  investigation  without  proposing  duties  or  whether  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  findings  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. 

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After final disclosure, assessment of comments of interested parties 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  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. 

As set out above, throughout the process and at various specific steps, the procedure 
-  consisting  e.g.  of  requests  for  information,  hearings,  access  to  the  file  and 
disclosure – ensures that the rights of defence of interested parties are fully respected 
in this quasi-judicial process. 

Unless  the  Council  decides  by  a  simple  majority  not  to  adopt  the  Commission 
proposal  for  definitive  measures,  such  measures  are  imposed.  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. 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 in anti-dumping cases 
and  to  thirteen  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. 

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2.1.3.  Review of measures 

The  basic  Regulations  provide  for  administrative  reviews  and  distinguish  between 
interim reviews, newcomer reviews and expiry reviews.  

The  expiry  review  is  initiated  at  the  end  of  the  five  year  life-time  of  the  measures. 
Initiation of such a review requires a request by the Community industry evidencing 
that the expiry of the measures would lead to continuation or recurrence of dumping 
and  injury.  Since  the  amendment  to  the  basic  Regulations,  expiry  reviews  initiated 
after  20  March  2004  are  subject  to  strict  deadlines,  i.e.  they  shall  normally  be 
concluded within 12 months of the date of initiation of the review, but in all cases be 
concluded within 15 months. 

During the five year life-time of measures, the Commission may perform an interim 
review.  Under  the  latter  procedure,  the  Commission  will  consider  whether  the 
circumstances with regard to subsidy/dumping and injury have changed significantly 
or  whether  existing  measures  are  achieving  the  intended  results  in  removing  the 
injury. Since 20 March 2006, the deadline for concluding an interim review is set at 
12 months, but no later than 15 months. 

Finally, the basic Regulations provide that a review shall be carried out to determine 
individual  margins  for  new  exporters  in  the  exporting  country  concerned.  Since  20 
March 2006, the deadline for conclusion of newcomer reviews is nine months.  

During  these  reviews,  the  main  procedural  rules  outlined  in  chapter  2.1.2  are  also 
applicable. 

2.1.4. 

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,  WTO  members  may  recourse  to 
the WTO dispute settlement mechanism . 

2.2. 

Safeguards 

2.2.1.  What are safeguard measures? 

Safeguard measures allow temporary protection against the adverse effects of import 
surges.  Under  the  Community  legislation10  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.  

10 

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

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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. 

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.. 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 in 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. six 
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. 

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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, duties, etc. 

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. 

CONTINUATION OF THE TDI REVIEW PROCESS 

2007  saw  the  continuation  of  the  review  process  of  the  Trade  Defence  Instruments 
(TDI). This review had been launched at the end of 2006 when the Commission and 
the  Council  agreed  on  the  need  for  a  review  of  these  instruments.  The  aim  of  the 
review  was  to  ensure  that  the  European  Union  continued  to  have  a  means  of 
defending itself, as effectively as possible, against unfair trade. This was particularly 
important as developments occurred both in the European and global economy. 

In  March  2007,  a  wide  ranging  public  consultation  was  organised  and  the 
Commission received more than 540 responses from a diverse range of stakeholders, 
including  manufacturers,  retailer  and  import  organisations,  consumer  groups  and 
trade unions.  

Almost  all  Member  States  submitted  responses.  There  were  also  34  submissions 
from third countries, eight of which came from third country governments. 

In  addition,  the  Commission  organised  a  public  hearing  on  the  Green  Paper  on  13 
March 2007 in Brussels.. 

The  full  set  of  responses  was  posted  online  as  well  as  the  verbatim  record  of  the 
public hearing. 

The responses and the public consultation were carefully analysed and in November 
2007 the Commission published its evaluation of the results of the TDI consultation 
process. The subsequent discussions with Member States and stakeholders revealed 
that  there  was  not  yet  sufficient  consensus  for  the  adoption  of  a  package  on  TDI 
review.  

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The European Parliament has also shown a close interest in the TDI review process 
and was up-dated regularly by the Commission . 

4. 

Country-wide market economy status (MES) 

There are five criteria to determine whether a country can be considered a full market 
economy for the purpose of anti-dumping investigations (according to Article 2 (7) 
of the basis antidumping Regulation). These criteria are:  

a  low  degree  of  government  influence  over  the  allocation  of  resources  and 
i. 
decisions  of  enterprises,  whether  directly  or  indirectly  (e.g.  public  bodies),  for 
example  through  the  use  of  state-fixed  prices,  or  discrimination  in  the  tax,  trade  or 
currency regimes; 

an absence of state-induced distortions in the operation of enterprises linked to 

ii. 
privatisation and the use of non-market trading or compensation system; 

the  existence  and  implementation  of  a  transparent  and  non-discriminatory 
iii. 
company  law  which  ensures  adequate  corporate  governance  (application  of 
international accounting standards, protection of shareholders, public availability of 
accurate company information); 

iv. 
the existence and implementation of a coherent, effective and transparent set of 
laws which ensure the respect of property rights and the operation of a functioning 
bankruptcy regime; 

the existence of a genuine financial sector which operates independently from 
v. 
the state and which in law and practice is subject to sufficient guarantee provisions 
and adequate supervision. 

To  obtain  Market  Economy  Status  for  trade  defence  investigations  all  five  criteria 
must be met.  

In  2007,  five  requests  for  country-wide  MES  were  evaluated  by  the  Commission 
(China, Vietnam, Armenia, Kazakhstan and Mongolia).  

The levels of preparedness of these files differ substantially and so does the degree of 
progress  made  by  respective  applicant  countries  to  date  to  comply  with  the  five 
relevant criteria. 

Companies  from  these  applicant  countries  have  the  possibility  to  request  market 
economy  treatment  on  an  individual  basis  in  the  context  of  anti-dumping 
investigations. 

4.1 

China 

China is undoubtedly the most important MES applicant country. 

The first preliminary assessment was prepared in 2004 which concluded at that time 
that China fulfilled only one of the five MES criteria. 

Following a request from the Chinese, in the summer of 2007 an update assessment 
report was prepared by the Commission to evaluate their progress towards fulfilling 
the four outstanding criteria. While fully recognizing the important progress made by 
China  in  the  preceding  years,  the  report  concluded  that  further  specific  steps  are 
needed in the legislation and particularly concerning the effective implementation of 
laws to ensure that China complies with all the four outstanding criteria. The report 
was  discussed  with  EU  Member  States  and  it  was  foreseen  that  a  more 

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17 

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comprehensive evaluation would be prepared twelve months later. In July 2007 the 
seventh meeting of the EU-China MES Working Group was held (Namur, Belgium) 
where the findings of the progress report were discussed. 

4.2 

Vietnam 

The  first  meeting  of  the  EU-Vietnam  MES  working  group  took  place  in  Hanoi  in 
March 2007. During this meeting, Vietnam submitted comments and supplementary 
information following the second assessment report of Vietnam's progress which had 
been  prepared  in  2006.  Further  information  was  provided  in  the  course  of  2007. 
Commission officials visited Hanoi in October 2007 to discuss this information and 
results achieved so far. Further assessment of Vietnam's progress is ongoing.  

4.3 

Armenia 

During  2007  a  number  of  bilateral  contacts,  as  well  as  a  specific  mission  by 
Commission  services  to  Armenia  to  examine  the  MES  issue  took  place.  These 
contacts  provided  a  significant  amount  of  relevant  information  which  was  further 
supplemented  by  a  written  submission  from  the  Armenian  authorities  in  autumn 
2007.  A  preliminary  assessment  will  be  made  on  the  basis  of  the  information 
provided. 

4.4 

Kazakhstan 

In February 2007 the Commission conducted a specific MES mission to Kazakhstan 
in order to discuss a number of questions regarding their progress in relevant areas. 
The  Kazakh  authorities  sent  only  partial  replies  to  these  questions  in  April  2007 
while agreeing to continue to work on the preparation of the outstanding information.  

4.5 

Mongolia 

During 2007, the work on the MES request received from Mongolia continued. The 
Commission analysed information which the Mongolian authorities had submitted as 
well  as  information  from  external  sources.  In  order  to  supplement  this  information 
the Commission services considered that a further verification mission to Mongolia 
was  needed.  Contacts  with  the  relevant  authorities  regarding  a  visit  (foreseen  for 
2008) took place at the end of 2007.  

5. 

INFORMATION AND COMMUNICATION ACTIVITIES / BILATERAL CONTACTS 

5.1. 

Small and medium sized enterprises (SMEs) 

In 2007 the Trade Defence Helpdesk for SMEs, which was set up in December 2004, 
continued  to  address  specific  SME  questions/problems  regarding  TDIs,  both  of  a 
general nature or case-specific. The helpdesk is accessible through a direct link from 
a TDI SME website.. The aim of the help desk is to ensure proper access to the TDI 
proceedings,  especially  for  companies  and  sectors  which  could  otherwise  have 
technical difficulties due to their small size or their, fragmentation. 

5.2. 

Seminars 

Information and training seminars for third country government representatives and 
for economic operators, both within and outside the EU continued to be an important 
part of the activitities of the TDI Services during 2007. Seminars have been held for 
the  following  third  country  beneficiaries:  China,  India,  Russia,  Turkey,  Ukraine, 

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Vietnam. Furthermore, a number of ad hoc meetings on TDI matters took place with 
specific  third  country  TDI  services  and  a  number  of  economic  operators,  both  at 
individual company level as well as representative associations.  

6. 

THE TRADE DEFENCE INSTRUMENTS’ SERVICES 

As part of an overall restructuring of DG Trade, the Trade Defence Services were re-
organised  with  effect  from  1  January  2007.  The  Directorate  responsible  for  trade 
defence  instruments  was  renamed  H  and  a  sixth  unit  was  created  within  the 
directorate.  Unit  1  is  in  charge  of  policy  aspects  related  to  anti-dumping  and  anti-
subsidy  (including  WTO  and  complaints  office).  Units  2  to  6  all  deal  with 
investigations  covering  dumping/subsidization,  injury  and  Community  interest 
aspects. In addition to case-handling work, Unit 2 handles relations with industry and 
with  Member  States  including  the  Anti-dumping  Committee,  Unit  4  is  responsible 
for  following  up  and  controlling  the  efficiency  of  measures  and  for  policy  matters 
concerning circumvention/absorption, Unit 5 monitors the activity of third countries 
on anti-dumping, anti-subsidy and safeguards, policy aspects related to safeguards, as 
well  as  bilateral  issues  concerning  TDI  while  Unit  6  deals  with  administrative 
matters.  

7. 

THE HEARING OFFICER 

The function of the Hearing Officer for External Trade was created in January 2007 
and became operational in April 2007. The Hearing Officer, who has experience in 
the field of trade defence, is administratively attached to the Director General of DG 
Trade but acts independently. He reports to the Director General. It is expected that, 
after some experience is gathered, his mandate is formalised and published. 

The  Hearing  Officer's  main  role  is  to  be  a  guardian  of  the  right  of  parties  to  due 
process  in  trade  proceedings.  This  covers  essentially  a  guarantee  of  non-
discriminatory and impartial treatment and the right to be heard. These rights include 
(i)  the  right  of  the  parties  to  make  known  their  views  on  the  correctness  and 
relevance  of  the  facts  and  circumstances  on  the  basis  of  which  the  Commission 
makes  its  findings  in  trade  proceedings  and  the  obligation  of  the  Commission 
investigation services to take account of these views and (ii) the right of the parties to 
have  access  to  non-confidential  information  and  to  have  their  business  secrets 
protected. The Hearing Officer also advises the Director General of DG Trade on any 
issues arising out of trade proceedings, where appropriate. The Hearing Officer was 
requested to intervene in ten proceedings between April and December 2007.  

Most of his interventions were related to timing of the disclosures to the interested 
parties  and,  to  a  lesser  extent,  the  predictability  and  transparency  of  the  trade 
proceedings. Although  the  Hearing  Officer  identified  a  number  of  issues  where 
improvements  to  the  current  practice  in  trade  defence  proceedings  are  possible,  he 
concluded  that,  in  general,  the  rights  of  defence  of  the  interested  parties  were 
respected in these proceedings.  

In the context of his interventions the Hearing Officer organised and chaired hearings 
which  aimed  at  ensuring  that  the  rights  of  interested  parties  to  be  heard  are  fully 

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respected.  In  general,  his  interventions,  including  hearings  which  he  organised, 
contributed  to  a  better  understanding  of  the  parties'  arguments  by  the  Commission 
investigation  services.  Following  the  interventions  of  the  Hearing  Officer,  the 
Commission  investigation  services  were  in  a  position  to  refine  their  conclusions  in 
some  of  the  cases.  Where  requested  and  justified,  the  parties  could  obtain  more 
detailed  explanations  by  the  Commission  investigation  services  on  the  facts  and 
circumstances on the basis of which the Commission made its findings. 

The Hearing Officer also advised the Director General of DG Trade on a number of 
due process issues for consideration of possible improvements of the exercise of the 
rights of defence in trade proceedings. 

8. 

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

While  2007  saw  a significant drop in the  number of new investigations initiated as 
compared to previous years, the number of measures imposed, both provisional and 
definitive,  remained  average.  Below  are  details  on  new  investigations  and  review 
investigations. 

8.1. 

New investigations 

At  the  end  of  2007,  the  Community  had  127  anti-dumping  measures  and  9 
countervailing measures in force11. The anti-dumping measures covered 59 products 
and 29 countries (see Annex O); the countervailing measures covered 7 products and 
4  countries  (see  Annex  P).  Of  the  measures,  the  large  majority  was  in  the  form  of 
duties; however, in a number of cases, undertakings were accepted. 

Of  the  127  anti-dumping  measures  in  force  at  the  end  of  2007  the  main  countries 
affected were China 44, Russia 8, India, Thailand and Ukraine – 7 each, Taiwan 6, 
Vietnam, Korea and Indonesia – 5 each and Malaysia and the USA – 4 each. Of the 9 
anti-subsidy measures in place the majority concern imports from India – 6 in total, 
with 1 each for Korea, Brazil and Israel.  

Regarding the of anti-dumping measures one has to look at the trade volume of the 
products  concerned,  which  varies  considerably  depending  on  the  sector  concerned. 
The  largest  trade  volumes  are  often  generated  by  high  technology,  such  as 
electronics,  which  are  high-value  products.  It  should  be  noted  that  in  2007,  only 
0,73%12 of total imports into the Community was affected by anti-dumping or anti-
subsidy measures. 

Table 1 below provides statistical information on the new investigations for the years 
2003 – 2007.  

11 
12 

The measures are counted per product and country concerned. 
Source Comext. 

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TABLE 1 

Anti-dumping and anti-subsidy new investigations 

during the period 1 January 2003 - 31 December 200713 

Investigations in progress at the beginning of 
the period 

2003 

2004 

2005 

2006 

2007 

33 

15 

31 

28 

33 

Investigations initiated during the period 

Investigations in progress during the period 

8 

41 

29 

44 

26 

57 

36 

64 

9 

42 

Investigations concluded : 

imposition of definitive duty or 

- 
acceptance  

of undertakings 

- 

terminations14 

5 

11 

19 

13 

12 

21 

2 

10 

18 

10 

Total investigations concluded during the 
period 

26 

13 

29 

31 

22 

Investigations in progress at the end of period 

Provisional measures imposed during the 
period 

15 

10 

31 

6 

28 

15 

33 

13 

20 

12 

Details on the conclusions can be found under heading 9.1. 

8.2. 

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).  

13 

14 

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. 

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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 2003 to 2007, a total of 202 review investigations 
were  initiated.  These  review  investigations  represented  65%  of  all  investigations 
initiated in that period. 

In  2007,  41  reviews  were  initiated.  Of  these,  11  were  expiry  reviews,  24  interim 
reviews, 2 newcomer reviews and 4 circumvention investigations. 

An overview of the review investigations in 2007 can be found in Annexes F to K. 
Table 2 provides statistical information for the years 2003 - 2007. 

TABLE 2 

Reviews of anti-dumping and anti-subsidy investigations  

during the period 1 January 2003 - 31 December 200715 

Reviews in progress at the beginning of the 
period 

2003 

2004 

2005 

2006 

2007 

67 

53 

42 

63 

52 

Reviews initiated during the period 

Reviews in progress during the period 

Total reviews concluded during the period16 

Reviews in progress at the end of the period 

26 

93 

40 

53 

43 

96 

5417 

42 

57 

99 

36 

63 

35 

98 

46 

52 

41 

93 

47 

46 

Details on the conclusions can be found under heading 9.2. 

15 

16 

17 

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. 
Including 7 reviews concerning acceding countries which were automatically terminated. 

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9. 

OVERVIEW OF ACTIVITIES IN 2007 

9.1. 

New investigations 

9.1.1. 

Initiations 

9.1.1.1.  Overview 

In 2007, 9 new anti-dumping investigations were initiated. There were no new anti-
subsidy  investigations  initiated  in  the  period.  The  anti-dumping  investigations 
involved  6  different  products  from  4  different  countries.  Details  of  these 
investigations  are  given  in  Annex  A.  the  country  most  affected  is  China  with  6 
investigations. The remaining 3 investigations concern Russia, Belarus and Bosnia & 
Herzegovina. The main sector concerned by these new cases is steel.  

In  the  five-year  period  from  2003  to  2007,  107  investigations  were  initiated  on 
imports  from  28  countries.  The  main  sectors  concerned  by  the  investigations  were 
chemical and allied with 29 investigations, iron and steel with 23 investigations and 
electronics  with  14  investigations.  A  breakdown  of  the  product  sectors  is  given  in 
Annex B(A). 

The main countries concerned during the period from 2003 to 2007 were the People's 
Republic  of  China  with  38  investigations,  Russia  and  Taiwan  with  7  investigations 
each, Malaysia with 6 investigations, Thailand, Korea and India with 5 investigations 
each  and  USA  and  Vietnam  with  4  investigations  each.  A  table  showing  all  the 
investigations initiated over the last five years broken down by country of export is at 
Annex B(B). 

The alphabetical list of cases initiated in 2007 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 investigation 

Originating from Complainant 

Citric Acid  

P.R. China 

Citrus Fruits  

P.R. China 

European Chemical Industry 
Council (CEFIC) 

Spanish National Federation 
of Associations of 
Processed Fruit and 
Vegetables (FNACV) 

Flat-rolled products (hot-dipped 
metallic-coated iron or steel) 

P.R. China 

EUROFER 

Iron or steel fasteners  

P.R. China 

European Industrial 
Fasteners Institute 

Monosodium Glutamate 

P.R. China 

Ajinomoto Foods Europe 

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

Belarus 
Bosnia & 
Herzegovina 
P.R. China 
Russia 

Defence Committee of the 
Welded Steel Tubes 
Industry of the EU 

9.1.2.  Provisional measures 

In  2007,  provisional  duties  were  imposed  in  12  anti-dumping  proceedings.  They 
involved imports of 6 products from 9 different countries. As shown in Table 1 (see 
point 8.1), this figure compares to 13 in 2006 and 15 in 2005. 

The alphabetical list of cases where provisional measures were imposed during 2007 
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. 

Product 

Originating from  Type18 and level of measure 

Coke (+80mm) 

P.R. China 

AD : Minimum Import Price 
€227 per tonne 

Dihydromyrcenol 

India 

AD : 3.3% - 7.5% 

Ferro-silicon 

P.R. China 

AD : 2.8% - 33.7% 

Egypt 

AD: 18% - 20.4% 

Kazakhstan 

AD: 33.9% 

Former Yugoslav 
Republic of 
Macedonia 

AD: 5.4% 

Russia 

AD: 18.8% - 25.5% 

Manganese Dioxides 

South Africa 

AD : 14.9% 

Peroxosulphates 

P.R. China 

AD : 0 % - 67.4% 

Taiwan 

USA 

AD: 22.6% 

AD: 10.6% - 39%  

Polyvinyl alcohol 

P.R. China 

AD : 10% 

18 

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

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9.1.3.  Definitive measures 

9.1.3.1.  Overview 

During  2007,  definitive  duties  were  imposed  in  12  anti-dumping  cases.  They 
involved  imports  from  6  different  countries  and  covered  8  products.  The  People’s 
Republic of China featured with 7 measures, followed by Ukraine, Thailand, Taiwan, 
USA, and Kazakhstan with one measure each. 

The alphabetical list of cases where definitive measures were imposed during 2007 
can be found below, together with the measure(s) imposed. More information can be 
obtained from the Official Journal to which reference is given in Annex D. Annex D 
also gives some additional information on import and consumption volumes. 

Product 

Dicyandiamide 
Frozen strawberries 

Ironing boards 

Peroxosulphates 

Saddles 
Silico-manganese 

Sweet corn (prepared or 
preserved in kernels) 

Originating from  Type19 and level of measure  

P.R. China 
P.R. China 

P.R. China 
Ukraine 

P.R. China 
Taiwan 
USA 
P.R. China 
P.R. China 
Kazakhstan 
Thailand 

AD : 49,1% 
AD: Fixed duty 62,6 
– 204,5 EUR/Tonne  
AD : 0% - 38,1% 
AD: 9,9% 

AD : 0% - 71,8% 
AD: 22,6% 
AD: 10,6% - 39%  
AD : 0-29,6% 
AD : 8,2% 
AD6,5% 
AD : 3,1% - 12,9% 

Tungsten electrodes 

P.R. China 

AD: 17% - 63,5% 

9.1.3.2.  Details on individual cases (in alphabetical order) 

1. 

Frozen strawberries originating in P.R. China 

The proceeding was initiated on 19th January 2006, following a complaint lodged by 
the Polish Freezing Industry Union on behalf of Community producers representing 
more  than  25%  of  the  total  Community  production  of  frozen  strawberries.  The 
investigation  period  ran  from  1st  January  –  31st  December  2005  and  injury  was 
considered over a three-year period, from 1st January 2002 – 31st December 2005. 

Provisional ad valorem anti-dumping measures were imposed on 17th October 2006. 
Definitive  measures  were  imposed  on  16th  April  2007;  however,  the  form  of 

19 

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

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25 

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measures was changed to a dual system, comprising a Minimum Import Price and a 
fixed duty.  

Dumping 

Although  sampling  had  been  envisaged,  only  a  small  number  of  Chinese  exporters 
replied  to  the  Commission's  questionnaire.  Of  the  cooperating  exporters,  5  applied 
for  Market  Economy  Treatment,  but  only  1  was  successful.  1  other  producer  was 
granted individual treatment.  

As the PRC is an economy in transition, an appropriate analogue country had to be 
used  in  order  to  establish  normal  value  for  exporting  producers  who  had  not  been 
granted  MET.  Despite  the  original  suggestion  of  the  USA,  Turkey  was  eventually 
chosen,  as  it  was  a  competitive  market  with  a  number  of  domestic  producers 
producing similar product types as in the PRC. 

For  the  company  granted  MET,  the  comparison  of  the  weighted  average  normal 
value of the product concerned with the weighted average export price yielded a duty 
margin of 0%, while the duty margin of the producer granted IT was set at 31%. As 
co-operation  with  the  investigation  was  low,  the  countrywide  dumping  margin 
applicable to all other exporters in the PRC was calculated at 66.9%, on the basis of 
the weighted average of the export price data provided by the exporters and export 
price data provided by Eurostat. 

Injury 

The  Polish  Freezing  Industry  Union,  which  represented  25  Community  producers, 
and one other Community producer together represented 29% of the total production 
of  the  like  product  in  the  Community.  Given  the  large  number  of  Community 
producers,  a  sample  of  8  producers  was  selected,  representing  14%  of  the  total 
Community production.  

The  investigation  found  clear  evidence  of  injury  to  the  Community  industry:  most 
injury indicators, including sales prices and quantities, profitability and market share 
showed  a  negative  trend.  The  volume  of  dumped  imports  had  increased  by  over 
300%, while sales prices of those imports decreased sharply (-38%), undercutting the 
Community industry significantly. 

Causation 

The investigation found that the injury to the Community industry had been caused 
by the dumped imports, as the decreasing prices and market share of the Community 
industry coincided with the massive increase in Chinese imports. Other factors that 
could  be  responsible  for  the  injury  were  examined,  but  were  found  not  to  be  the 
cause  of  the  injury  suffered.  Imports  from  other  countries  were  found  to  be  priced 
higher than Community industry production and a drop in export performance could 
not be considered as causally significant, as exports correspond to less than 10% of 
Community  consumption.  An  argument  that  injury  was  caused  by  poor  harvests 
during  the  period  under  consideration  was  dismissed,  as  such  harvests  were 
accompanied  by  a  fall  in  prices,  rather  than  the  increase  usually  associated  with 
product scarcity. 

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26 

   EN 

 
Community Interest 

The  possible  impact  of  measures  on  the  Community  industry,  importers  and  users 
was  examined  in  detail  prior  to  the  imposition  of  measures.  It  was  found  that 
measures  would  not  only  benefit  the  Community  industry,  but  also  around  80,000 
farmers  whose  livelihood  depends  on  strawberries.  However,  the  user  industry 
demonstrated  that  the  impact  of  the  measures  on  users  would  also  be  significant, 
resulting  in  considerable  loss  of  profitability,  if  not  in  losses.  Nevertheless,  it  was 
found  that  users  would  eventually  be  able  to  pass  on  the  cost  increase  to  the  retail 
sector,  once  the  existing  fixed-price  contracts  into  which  they  had  entered  lapse.  It 
was,  therefore,  concluded  that  there  were  no  compelling  reasons  against  the 
imposition of measures. 

Anti-Dumping Duties 

the 

Following 
imposition  of  provisional  ad  valorem  duties,  upon  further 
investigation, it was considered more appropriate to impose a Minimum Import Price 
("MIP"). This would ensure that the cyclical nature of the pricing of the product did 
not  impose  a  disproportionate  burden  on  users  at  times  when  prices  were  high. 
However,  as  a  duty  system  involving  a  MIP  can  be  more  difficult  to  enforce,  a 
double  system  of  measures  was  considered  appropriate,  comprising  a  MIP  and  a 
fixed  duty.  The  MIP  was  established  at  the  non-injurious  price  and  the  fixed  duty 
was calculated on the basis of the weighted average injury margin, as this was found 
to  be  lower  than  the  weighted  average  dumping  margin.  As  the  product  concerned 
was imported under three different CN codes, distinct MIP were calculated per CN 
code, 
fixed  duty 
to  598EUR/tonne.  The 
correspondingly ranged between 169.90EUR/tonne to 204EUR/tonne. 

from  496.80EUR/tonne 

ranging 

2. 

Ironing boards originating in the People's Republic of China and Ukraine 

The proceeding was initiated on 4 February 2006 following a complaint lodged on 23 
December 2005 by three Community producers representing more than 40% of the 
total  Community  production of  ironing boards. The complainants and another fully 
cooperating Community producer requested that their identities be kept confidential 
as  disclosure  of  their  identity  could  lead  to  significant  adverse  effects.  These 
Community  producers  supply  customers  in  the  Community  that  also  source  their 
products from the People's Republic of China (PRC) and Ukraine. The Community 
producers  feared  retaliation,  including  possible  termination  of  their  business 
relationships by their suppliers and customers for their role in lodging or supporting 
the complaint in question. The request was duly substantiated and granted.  

The  product  concerned  is  all  existing  types  of  ironing  boards  (whether  or  not  free-
standing,  with  various  tops,  of  different  construction  and  size  and  varying 
construction materials and accessories) and essential parts thereof. 

Dumping  

8  Chinese  companies  claimed  Market  Economy  Treatment  (MET),  or  failing  that, 
Individual  Treatment  (IT),  but  two  of  which  then  ceased  to  cooperate  with  the 
investigation. The sole Ukrainian exporting company claimed that since Ukraine had 
been removed from the list of non-market economy countries it should automatically 
be  granted  MET.  However,  as  the  complaint  had  been  lodged  before  30  December 

EN 

27 

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2005,  the  company  still  had  to  show  that  it  fulfilled  all  the  criteria  in  order  to  be 
granted MET. 

One Chinese exporting producer and the sole Ukrainian exporting producer showed 
that they fulfilled the criteria and were granted MET. Four Chinese producers were 
granted IT. For companies not granted MET an appropriate analogue country had to 
be  used  in  order  to  establish  normal  value.  Turkey  was  selected  as  an  appropriate 
analogue country. 

The  definitive  dumping  margins  found  were  between  0%  and  36,5%  for  the 
examined  companies  in  the  PRC.  As  co-operation  was  below  80%,  the  dumping 
margin  for  all  other  companies  was  set  at  the  level  corresponding  to  the  weighted 
average  dumping  margin  of  the  most  sold  product  types  of  the  co-operating 
exporting  producers  with  the  highest  dumping  margins.  The  definitive  dumping 
margin for all other companies was thus set at 38,1%. The definitive dumping margin 
for the sole Ukrainian exporting producer and for all other companies in Ukraine was 
9,9%. 

Injury and causation 

The  conditions  of  cumulation  were  found  to  be  met  and  it  was  concluded  that  the 
effects  of  the  dumped  imports  originating  in  the  countries  concerned  should  be 
assessed jointly for the purpose of the injury analysis. 

Between 2002 and the investigation period (IP) the volume of the dumped imports of 
the  product  concerned  increased  significantly  by  850%  and  their  share  of  the 
Community  market  increased  from  6%  to  almost  half  of  the  market  (48%).  The 
average  prices  of  the  dumped  imports  increased  throughout  the  period  considered, 
but this increase was explained by a number of factors such as a move by the PRC 
exporters towards the mid to high end of the market. In any case, the prices remained 
significantly  below  the  average  prices  of  the  Community  industry.  Undercutting  of 
Community industry's prices by Chinese prices was between 29,2% and 44,2% and 
by the Ukrainian prices was 6,6% in the IP. 

The deterioration of the situation of the Community industry was evident with almost 
all  injury  indicators  showing  a  negative  trend  e.g.  the  profit  margin  in  the  IP  was 
69% lower than in 2002. 

The  material  injury  suffered  by  the  Community  industry  coincided  with,  and  was 
caused  by,  the  dumped  imports  from  the  countries  concerned.  The  examination  of 
other factors revealed that these did not cause any injury to the Community industry. 
For some factors, in particular the non-dumped imports from the PRC, their impact 
was  not  such  as  to  break  the  causal  link  between  the  dumped  imports  and  the 
injurious situation of the Community industry. 

Community interest 

The Commission examined whether compelling reasons existed that could lead to the 
conclusion  that  it  would  not  be  in  the  Community  interest  to  adopt  measures.  The 
analysis showed that even if in certain cases the burden could be fully passed on to 
consumers, any negative financial impact on them would be negligible. On the other 
hand,  if  no  measures  were  imposed  the  consumers'  choice  could  be  negatively 
affected  since  Community  ironing  boards  could  disappear  from  the  market.  With 
regard to importers, it was found that any adverse impact on some of them would not 
be  decisive  for  their  business.  The  distributors  and  retailers  would  not  be 

EN 

28 

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significantly affected by measures given their high margins. On balance, it was found 
that  the  potential  adverse  effects  that  the  measures  could  have  on  certain  other 
economic operators in the Community were not disproportionate when compared to 
the beneficial effects of the measures for the Community industry.  

Measures 

Provisional  duties  were  imposed  on  1  November  2006  and  definitive  duties  on  27 
April 2007. Definitive duties ranged from 0% to 38,1% for the PRC and were set at 
9,9%  for  all  companies  in  Ukraine.  Duties  were  based  on  the  dumping  margins 
found, which were in all cases lower than the injury elimination levels. 

Offers  of  undertakings  by  the  Ukrainian  exporting  producer  and  certain  Chinese 
exporting  producers  were  rejected.  It  was  considered  that  the  nature  of  the  product 
and  its  complex  marketing  would  make  it  virtually  impossible  to  establish 
meaningful minimum import prices for each product type, which could be properly 
monitored by the Commission without serious risk of circumvention. 

3. 

Peroxosulphates  (persulphates)  originating  in  the  USA,  the  People's  Republic  of 
China (PRC) and Taiwan 

The  proceeding  was  initiated  on  13th  July  2006,  following  a  complaint  lodged  by 
CEFIC,  on  behalf  of  producers  representing  100%  of  the  total  Community 
production  of  persulphates.  The  investigation  period  was  1st  July  2005  to  30th  June 
2006 while injury was examined over the period 1st January 2003 to 30th June 2006. 

Persulphates are white, crystalline, odourless salts, used as initiators or as oxidising 
agents in a number of applications. Their uses include acting as an etching agent in 
the  production  of  printed  circuit  boards,  in  paper  manufacturing  and  in  dental 
cleansing.  A  producer  in the USA  claimed that one of the persulphates included in 
the  investigation,  KPMS,  should  be  excluded  from  the  scope  of  the  product 
concerned,  as  its  end-uses  and  characteristics  were  different.  However,  none  of  the 
grounds  put  forward  were  sufficient  to  distinguish  KPMS  as  a  different  product 
concerned. 
Provisional  measures  were  imposed  on  11th  April  2007.  Definitive  measures  were 
imposed  on  9th  October  2007  on  imports  from  the  USA  (ranging  from  10.6%  to 
39%), the PRC (24.5% to 71.8%) and Taiwan (22.6%). 

Dumping 

USA 

Two  exporting  producers  cooperated  with  the  investigation.  The  comparison  of  the 
normal value and export prices on an ex-works basis yielded duty margins of 10.6% 
and  39%  for  the  two  producers.  Given  the  high  level  of  cooperation,  the  residual 
margin applicable to all other US exporters was set at 39%. 

PRC 

Although  sampling  had  been  envisaged,  only  a  small  number  of  Chinese  exporters 
replied  to  the  Commission's  questionnaire.  Of  the  cooperating  exporters,  6  applied 
for  Market  Economy  Treatment,  but  only  two  were  successful.  None  of  the 
remaining four companies was granted individual treatment.  

As the PRC is an economy in transition, an appropriate analogue country had to be 
used  in  order  to  establish  normal  value  for  exporting  producers  who  had  not  been 

EN 

29 

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granted MET. Turkey was chosen, as it was an open market with a low import duty 
and significant imports from third countries. 

For  the  companies  granted  MET,  the  comparison  of  the  weighted  average  normal 
value  of  the  product  concerned  with  the  weighted  average  export  price  yielded 
margins  of  0%  and  24.5%.  As  co-operation  with  the  investigation  was  high,  the 
countrywide  dumping  margin  applicable  to  all  other  exporters  in  the  PRC  was 
calculated at 71.8%. This was based on a comparison between the weighted average 
export  price  of  the  four  cooperating  exporters  who  were  not  granted  MET  and  the 
normal value from the analogue country. 

Taiwan 

One  exporting  producer  cooperated  with  the  investigation.  The  comparison  of  the 
normal value and export prices on an ex-works basis yielded a duty margin of 22.6%. 
Given  the  high  level  of  cooperation,  the  residual  margin  applicable  to  all  other 
Taiwanese exporters was set at the same level. 

Injury and Causation 

The  complaint  was  lodged  on  behalf  of  the  two  Community  producers,  which 
represent  the  entirety  of  the  Community  production  of  persulphates.  One  US 
producer  claimed  that  one  of  the  Community  producers  should  be  excluded,  as  it 
imported the product concerned from the PRC. However, it was found that imports 
represented  a  very  small  portion  of  the  producer's  total  sales  and  that  the  imports 
appeared to be an act of self-defence.  

In order to ascertain the existence of material injury to the Community industry, the 
effects of the imports from the three countries were assessed cumulatively, as it was 
found  that  the  imported  persulphates  and  those  produced  in  the  Community  were 
sold  through  comparable  sales  channels  under  similar  commercial  conditions  and 
that the imports followed similar trends during the period considered. 

The investigation found clear evidence of injury to the Community industry, with the 
relevant  indicators  all  showing  a  negative  trend.  It  was  found  that  the  volume  of 
dumped  imports  increased  significantly  during  the  period  considered,  as  did  their 
market  share.  At  the  same  time,  prices  of  these  imports  decreased,  undercutting 
considerably the prices of the Community industry.  

The  coincidence  in  time  between  the  increase  in  dumped  imports  and  the 
deterioration  in  the  situation  of  the  Community  industry  was  found  to  be  a  clear 
indication  that  the  injury  was  caused  by  the  dumped  imports.  The  effect  of  other 
factors  was  examined,  such  as  the  allegedly  uncompetitive  behaviour  of  the 
Community industry, its efficiency and expected profitability. However these factors 
were not found to be a cause of the injury suffered by the Community industry. 

Community Interest 

Two  importers  responded  to  the  Commission's  questionnaire,  representing  19%  of 
total imports into the Community and opposing the imposition of duties. However, it 
was concluded that the impact of anti-dumping duties would have a negligible effect 
on the overall turnover of these importers, which in any event could be passed on to 
consumers.  Two  users  submitted  comments,  but  they  did  not  submit  evidence  that 
the imposition of the duties would have a significant impact on their interests. It was, 
therefore, concluded that there were no compelling reasons against the imposition of 
measures. 

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4. 

Silico-manganese  ("SiMn")  originating  in  the  People's  Republic  of  China  ("PRC"), 
Kazakhstan and Ukraine 

The proceeding was initiated on 6th September 2006, following a complaint lodged 
by  the  Comité  de  Liaison  des  Industries  de  Ferro-Alliages  (EUROALLIAGES)  on 
behalf of producers representing more than 50% of the total Community production 
of  SiMn.  The  investigation  period  ("IP")  ran  from  1st  July  2005  to  30th  June  2006. 
Injury  was  examined  over  the  period  running  from  1st  January  2002  to  30th  June 
2006. 

SiMn  is  used  in  the  steel  industry  as  an  alloy  and  for  deoxidisation.  It  is  mainly 
produced from manganese ore and silicon, which are mixed together and brought to 
fusion temperatures in a furnace. 

Dumping 

PRC 

As the PRC is an economy in transition, an appropriate analogue country had to be 
used  in  order  to  establish  normal  value  for  exporting  producers  who  had  not  been 
granted  Market  Economy  Treatment  ("MET").  Despite  the  original  suggestion  of 
Brazil,  the  USA  was  eventually  chosen,  as  it  is  an  open  market  with  significant 
imports from third countries. 

Four  groups  of  Chinese  exporting  producers  applied  for  MET  or  Individual 
Treatment ("IT"), but none were successful.  

Given  that  no  Chinese  producers  were  granted  MET/IT,  a  single  countrywide 
dumping margin (60.1%) was calculated on the basis of the normal value established 
in the analogue country and the collective export prices of the Chinese producers. 

Kazakhstan 

The  sole  co-operating  Kazakh  exporting  producer  claimed,  and  was  granted,  MET. 
Exports by this producer were made to the Community via a related trader in a third 
country.  Adjustments  were  therefore  made  for  transport  costs,  selling  and  general 
administrative expenses and the trader's profit. The producer claimed, however, that 
it  formed  a  'single  economic  entity'  with  its  Swiss  trader  and  that  no  adjustments 
should  be  made.  The  analysis  of  the  producer's  relationship  with  its  trader  showed 
that in fact they were two distinct legal entities, acting as buyer and seller and that 
the  'single  economic  entity'  claim  was  not  valid.  The  dumping  margin  for  this 
producer  was  calculated  at  6.5%.  As  it  appeared  that  this  producer  was  the  only 
producer of SiMn in Kazakhstan, the margin for any other companies was set at the 
same level. 

Ukraine 

Three exporting producers cooperated with the investigation. The comparison of the 
normal value and export prices on an ex-works basis yielded duty margins of 39.1%, 
53.4%  and  56.7%.  Given  the  high  level  of  cooperation,  the  residual  margin 
applicable  to  all  other  Ukrainian  exporters  was  set  at  the  same  level  as  the  highest 
dumping margin established for a cooperating producer, i.e., 56.7%. 

Injury 

In order to ascertain the existence of material injury to the Community industry, the 
effects  of  the  imports  from  PRC  and  Kazakhstan  were  assessed  cumulatively,  as  it 

EN 

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was found that the imported SiMn and those produced in the Community were sold 
through comparable sales channels, under similar commercial conditions and that the 
imports followed similar trends during the period considered. However, as there was 
no  undercutting  by  imports  from  Ukraine,  the  effect  of  these  imports  was  assessed 
separately. 

The investigation found clear evidence of injury to the Community industry. It was 
found  that  the  volume  of  dumped  imports  increased  significantly  during  the  period 
considered, as did their market share,  although there was a drop in both during the 
IP.  Although  prices  of  the  imports  increased  during  the  period  considered,  SiMn 
originating  in  the  PRC  and  Kazakhstan  still  undercut  the  prices  of  the  Community 
industry. In order to ensure that the undercutting calculation prices were compared at 
the same level of trade, ex-works prices of the Community industry were compared 
with the ex-works prices of imported goods as they entered the physical territory of 
the Community. This was disputed by the Kazakh producer, who claimed that the cif 
price at the point of customs clearance should be used instead. However, this claim 
was rejected, as this price included a considerable amount of transportation costs. 

The analysis of the injury indicators shows a significant deterioration in the condition 
of  the  Community  industry:  production,  capacity  utilisation  and  the  number  of 
employees all declined. Although some injury indicators showed positive trends, the 
overall analysis demonstrated that the sustainability of the Community industry was 
in peril. 

The  coincidence  in  time  between  the  increase  in  dumped  imports  and  the 
deterioration  in  the  situation  of  the  Community  industry  was  found  to  be  a  clear 
indication  that  the  injury  was  caused  by  the  dumped  imports.  However,  it  was 
considered  that  imports  from  the  Ukraine  did  not  contribute  to  the  injury  of  the 
Community industry. The effect of other factors was examined, such as imports from 
South  Africa,  but  they  were  not  found  to  be  a  cause  of  the  injury  suffered  by  the 
Community industry. 

Community Interest 

Two  importers  responded  to  the  Commission's  questionnaire,  opposing  the 
imposition of duties and expressing concern about the impact of measures on supply 
within  the  Community  and  on  the  cost  of  the  product  concerned.  With  regard  to 
supply, it was noted that the Community industry has unused capacity and also that 
any  reduction  in  exports  from  the  countries  concerned  could  be  compensated  by 
increased  exports  from  other  third  countries.  With  regard  to  the  overall  cost  of  the 
product concerned, it was concluded that the impact of anti-dumping duties could be 
passed on to consumers.  

Ten  users  and  the  European  Confederation  of  Iron  and  Steel  Industries  submitted 
comments, expressing concern about the effect of measures on supply and on costs to 
end-users, namely the steel industry. On the basis of data submitted, it was calculated 
that an increase of 20% on the price of SiMn would reduce the profitability of steel 
producers by only around 0.2%. While some negative effects were expected to occur 
in  the  form  of  price  increases  for  users,  arising  out  of  the  need  to  arrange  new  or 
alternative  sources  of  supplies,  it  was  considered  that  such  effects  would  be  minor 
and it was concluded that there were no compelling reasons against the imposition of 
measures. 

Definitive Measures and Suspension 

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   EN 

 
Definitive  anti-dumping  duties  were  imposed  on  4th  December  2007,  based  on  the 
injury elimination level, at a rate of 6.5% on imports from Kazakhstan and 8.2% on 
imports  from  the  PRC.  The  investigation  was  terminated  in  respect  of  imports  of 
SiMn originating in Ukraine.  

However,  a  sharp  increase  in  world  prices  for  SiMn  was  observed,  indicating  a 
change in the market situation following the end of the IP. The Commission carried 
out a further investigation to assess this change and its impact on the injury suffered 
by the Community industry from the end of the IP to the end of the third quarter of 
2007.  It  was  established  that  prices  had  increased  by  69%,  that  Community 
consumption had increased by 20% and that imports from the PRC and Kazakhstan 
had  increased  by  9.8%.  The  situation  of  the  Community  industry  had  improved 
considerably,  although  its  market  share  had  decreased  by  an  additional  1.1%. 
Therefore,  considering that the Community industry was no longer  suffering injury 
due  to  the  change  in  market  conditions  and  the  imposition  of  measures  was 
considered  to  have  some  negative  effects  for  users,  it  was  concluded  that  the 
suspension  of  the  measures  was  in  the  Community  interest,  in  accordance  with 
Article 14(4) of the basic Regulation. As a result, the measures were suspended on 
4th December 2007 for 9 months. 

EN 

33 

   EN 

 
9.1.4. 

Investigations terminated without measures 

9.1.4.1.  Overview 

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

In  2007,  10  new  anti-dumping  proceedings  (including  1  anti-subsidy  proceeding) 
were concluded without measures, compared to 18 in 2006 and 10 in 2005.  

The  alphabetical  list  of  cases  which  were  terminated  without  the  imposition  of 
measures during 2007 can be found below. More information can be obtained from 
the Official Journal to which reference is given in Annex E. 

Product (type of 
investigation20) 

Originating from  Main reason for termination 

Camera systems (AD) 
Dihydromyrcenol (AS) 

Japan 
India 

Pentaerythritol (AD) 

Polyester staple fibres 
(AD) 
Silico-manganese (AD) 

P.R. China 
Russia 
Turkey 
Ukraine 
USA 
Malaysia 
Taiwan 
Ukraine 

Withdrawal of the complaint 
Withdrawal of the complaint 

No causal link between 
dumping and injury 

Against community interest 

No causal link between 
dumping and injury 

9.1.4.2.  Details on some individual cases 

1. 

Pentaerythritol originating in P.R. China, Russia, Turkey, Ukraine and USA 

20 

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

EN 

34 

   EN 

 
 
 
 
                                                 
The  proceeding  was  initiated  in  January  2006  based  on  a  complaint  lodged  in 
December  2005  by  CEFIC  (European  Chemical  Industry  Council)  on  behalf  of 
producers  representing  more 
the  Community  production  of 
pentaerythritol. 

than  50%  of 

The  product  concerned  is  pentaerythritol  (penta)  -  an  odourless,  white,  crystalline, 
solid  compound,  produced  from  formaldehyde  and  acetaldehyde,  and  the  most 
widely used polyol for production of alkyd resins around the world. Its applications 
include  alkyd  resins,  used  mainly  in  coatings,  synthetic  lubricants  for  refrigeration 
compressors,  rosin  esters  used  in  adhesives  as  tackifiers  and  pentaerythritol 
tetranitrate (PETN). 

Dumping  

Turkey 

The  sole  known  exporting  producer  in  Turkey  cooperated.  The  domestic  prices 
varied significantly according to the month of sale. It was considered appropriate to 
determine  a  monthly  weighted  average  normal  value  and  to  compare  this  with  a 
monthly weighted average export price. The dumping margin found was de minimis. 
Given  that  the  cooperating  exporting  producer  appeared  to  account  for  all  Turkish 
exports,  it  was  considered  that  the  proceeding  should  be  terminated  with  regard  to 
Turkey. 

People's Republic of China (PRC) and Ukraine 

The  exporting  producer  in  the  PRC  that  requested  Market  Economy  Treatment 
(MET)  or  Individual  Treatment  (IT)  did  not  fulfil  the  necessary  criteria.  The  sole 
cooperating  exporting  producer  in  Ukraine  requested  only  IT.  Since  there  was  no 
other  known  producer  of  penta  in  Ukraine,  it  was  not  necessary  to  make  an  IT 
determination  since  a  single  country-wide  duty  would  be  imposed  in  any  event. 
Japan was initially envisaged as the analogue country, but there was no cooperation 
from  there.  As  the  investigation  revealed  that  no  dumping  was  practiced  by  the 
cooperating  Turkish  exporting  producer,  Turkey  was  regarded  as  a  reasonable 
analogue country for the proceeding. The dumping margins determined for the PRC 
and Ukraine were 18,7% and 10,3% respectively. 

Russia and the United States of America (USA) 

There  was  no  cooperation  from  the  exporting  producers  in  these  countries  and  the 
dumping margins were therefore established on the basis of facts available – in this 
case  data  derived  from  the  complaint.  The  dumping  margins  were  25%  for  Russia 
and 54% for the USA. 

Injury 

The Community industry comprised of three fully cooperating Community producers 
representing 94% of the like product produced in the Community. 

The conditions of cumulation were found to be met with regard to the PRC, Russia 
and Ukraine and it was concluded that the effects of the dumped imports originating 
in  these  countries  should  be  assessed  jointly  for  the  purpose  of  the  injury  analysis. 
The conditions were not found to be met for the USA, as the imports from there did 
not  undercut  the  Community  industry  prices  and  due  to  the  different  pricing 
behaviour of the US exporters. 

EN 

35 

   EN 

 
The  situation  of  the  Community  industry  deteriorated  significantly  after  2002  and 
reached  its  lowest  point  in  2005  (which  was  the  investigation  period)  when  the 
industry made a loss of 11,5%. Sales on the Community market decreased by 16% in 
volume and 25% in value in the period considered. The Community industry market 
share went down from 78% in 2002 to 75% in the IP. The average unit price went 
down  by  11%,  not  reflecting  the  increase  in  raw  material  costs.  Most  other  injury 
indicators  confirmed  the  negative  situation  and  it  was  therefore  concluded  that  the 
Community industry suffered material injury. 

Causation  

The investigation found that, even with a low market share, the dumped imports from 
the  PRC,  Russia,  and  Ukraine  had  exerted  price  pressure  on  the  Community 
industry’s  prices.  However,  a  more  detailed  analysis  did  not  establish a causal link 
between  the  evolution  of  the  dumped  imports  and  the  deterioration  of  the 
Community industry’s financial situation. 

The significant drop in the Community industry’s profitability and the worsening of 
its overall financial situation occurred between 2004 and the IP, when the volume of 
the dumped imports increased by only 8 % compared to an increase of 285 % over 
the  previous  three  years,  when  the  Community  industry  was  still  making  profits. 
Moreover the drop in the demand of penta on the Community market coincided with 
the deterioration of the Community industry’s financial situation. It also appears that 
the price increase of the main raw material methanol was far less marked in the IP 
compared  to  the  previous  years  and  therefore  did  not  explain  the  sudden  and 
dramatic drop in profitability in the IP. 

The fact that the Community industry exported almost half of its production at prices 
below  cost,  had  to  be  seen  as  a  factor  which  had  further  contributed  to  the  overall 
negative  situation  of  the  Community  industry,  even  if  it  did  not  directly  affect  the 
profitability on the Community market.  

As  to  imports  from  the  USA,  their  market  share  increased  from  0,2%  in  2002  to 
1,9% in the IP. However, given that the average import price was significantly higher 
than the price charged by the Community industry on the Community market, with 
an  undercutting  of  -19,5%,  and  the  comparison  of  the  import  prices  from  the  USA 
with  the  non-injurious  price  of  the  Community  industry  showed  a  de  minimis 
underselling,  it  was  concluded  that  the  US  imports  did  not  contribute  to  the  injury 
suffered by the Community industry. 

Overall  it  could  therefore  not  be  concluded  that  the  dumped  imports  taken  in 
isolation  caused  material  injury.  Indeed,  the  examination  of  other  factors  revealed 
that  the  injury  could  be  attributed  also  to  the  decrease  in  consumption,  the  export 
performance  of  the  Community  industry  as  well  as  imports  from  other  third 
countries. 

Termination of the proceeding 

In the absence of a causal link between the dumped imports and the injury suffered 
by the Community industry the proceeding was terminated in April 2007.  

2. 

Polyester staple fibres originating in the Malaysia and Taiwan 

In April 2006, the Commission initiated an anti-dumping proceeding on imports into 
the Community of synthetic staple fibres of polyesters (PSF) not carded, combed or 

EN 

36 

   EN 

 
otherwise  processed  for  spinning,  originating  in  Malaysia  and  Taiwan.  The 
proceeding  was  initiated  as  a  result  of  a  complaint  lodged  by  the  Comité 
International  de  la  Rayonne  et  des  Fibres  Synthétiques  on  behalf  of  Community 
producers representing more than 50% of the total Community production of PSF. 

The product concerned is a basic material used at various stages of the manufacturing 
process of textile products.  

Provisional measures 

At  the  provisional  stage,  anti-dumping  duties  in  the  form  of  ad  valorem  duties 
ranging between 12,4 % and 23 % for Malaysia and 14,7 % and 29,5 % for Taiwan 
were  imposed.  Following  the  publication  of  the  provisional  Regulation,  the 
Commission continued to seek all information it deemed necessary for the purpose of 
its  definitive  findings.  Based  on  the  findings  it  arrived  at  the  conclusion  that 
compelling  reasons  existed  on  Community  interest  not  to  impose  anti-dumping 
measures on imports of PSF from the countries concerned.  

Withdrawal of the complaint and termination of the proceeding 

In  the  meantime,  the  complainant  formally  withdrew  the  complaint  concerning  the 
imports of PSF originating in Malaysia and Taiwan. In accordance with Article 9(1) 
of  the  basic  Regulation,  the  proceeding  may  be  terminated  where  the  complaint  is 
withdrawn unless such termination would not be in the Community interest.  

Analysis of the Community interest  

The  analysis  of  the  Community  interest  focused  on  the  potential  impact  of  the 
measures on importers and users. The main factors which were analysed and which 
led  the  Commission  to  conclude  that  the  imposition  of  the  measures  would  impact 
significantly on the Community users were: 

Shortages  of  supply  which  would  be  further  aggravated  by  the  imposition  of 

1. 
the measures; 

2 
Price  increase  for  PSF:  The  fact  that  the  demand  has  increased  compared  to 
available sources of supply not subject to anti-dumping measures also led to increase 
of the price of PSF on the Community market;  

3. 
Cost impact of the proposed measures: imposition of measures would increase 
cost of PSF users which already have very low profit margins (in particular bedding 
industry) and would further weaken their competiveness;  

4. 

5. 

Price increase for downstream products and 

Consequences for employment in the Community market. 

Impact of the measures on the Community industry and on suppliers of raw materials 
as well as impact on the environment was also analysed. However, it was concluded 
that  that  the  overall  advantages  to  be  gained  by  the  Community  industry  did  not 
outweigh the probable disadvantages, in particular for users and, to some extent for 
consumers. Therefore, it was decided that the proceeding should be terminated.  

EN 

37 

   EN 

 
9.2. 

Review investigations 

9.2.1.  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  2007,  18  anti-dumping  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 432 measures have been allowed to expire automatically. 

9.2.1.1.  Initiations 

During 2007, 11 expiry review investigations were initiated. It should be noted that 
investigations  initiated  after  20  March  2004  are  under  deadline,  i.e.  conclusions 
should  be  reached  within  12  months  but  not  later  than  15  months  from  the  date  of 
initiation. 

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 
investigation21) 

Originating from  Complainant 

Ammonium nitrate 

Russia 

Coumarin 

P.R. China 

Powdered activated carbon 
(PAC) 

P.R. China 

European Fertilizer 
Manufacturers Association 
(EFMA) 

European Chemical Industry 
Council (CEFIC) 

European Chemical Industry 
Council (CEFIC) 

Sulphanilic acid (AS) 

India 

Ex-officio 

Sulphanilic acid 

Tube and pipe fittings, of iron 
or steel 

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

Community Producers 

Defence Committee of the 
Steel Butt-Welding Fittings 

21 

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

EN 

38 

   EN 

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

Thailand 
Turkey 
Ukraine 

9.2.1.2.  Reviews concluded with confirmation of duties 

Industry of the EU 

Defence Committee of the 
Welded Steel Tubes Industry 
of the EU 

During  2007,  13  expiry  reviews  concluded  that  there  was  a  need  for  the  duties  to 
continue for a further five years.  

The  alphabetical  list  of  the  cases  which  were  concluded  with  confirmation  of  duty 
during 2007, 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 

Ammonium nitrate 

Ukraine 

Lamps (integrated electronic 
compact fluorescent) 
Lighters 

PET film 

Polyethylene terphthalate 
(PET) 

P.R. China 

P.R. China 
Taiwan 
India 

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

Polyethylene terphthalate 
(PET) (AS) 

Steel ropes and cables 

Russia 

Details on some individual cases  

Result of the investigation/ 
Type22 and level of measure 

Confirmation of AD duty :  
33,25€/tonne 
Confirmation of AD duty :  
Ranging from 0% to 66,1% 
Confirmation of AD duty :  
0,65€ per lighter 
Confirmation of AD duty :  
Ranging from 0% to 18% 
Confirmation of AD duties – 

88,9 – 181,7 €/tonne 
92,1 – 187,7 €/tonne  
0 – 148,3 €/tonne 
36 – 160,1 €/tonne 
36,3 – 143,4 €/tonne 
83,2 €/tonne 
Confirmation of AS duty :  
Ranging from 0 to 106,5 
€/tonne 

Confirmation of AD duty :  
9,7% - 50.7% 

1. 

Polyethylene terephthalate (PET) film originating in India 

22 

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

EN 

39 

   EN 

 
 
 
 
 
 
 
                                                 
The expiry review was initiated in August 2006 almost simultaneously with a partial 
interim  review  limited  to  the  examination  of  dumping  by  an  Indian  exporting 
producer, Jindal Poly Films Limited (Jindal).  

The product concerned is Polyethylene terhthalate (PET) film originating in India.  

Dumping 

Sampling  was  applied  and  three  out  of  six  exporting  producers,  accounting  for 
around  97%  of  the  total  export  volume  from  India  to  the  EC  during  the  IP,  were 
selected for the sample in accordance with Article 17 of the basic regulation.  

The  biggest  exporting  producer,  Jindal,  which  alone  accounted  for  around  90  %  of 
the  total  export  volume  from  India  to  the  EC  during  the  IP,  was  found  to  have  a 
negative dumping margin. Therefore, the partial interim review limited to Jindal was 
terminated.  

The  dumping  margin  established  for  the  two  remaining  sampled  producers  ranged 
from 15% to 25%.  

Given  the  relative  levels  of  prices  (which  were  found  to  be  20%  to  30%  lower  in 
third  countries  than  in  the  Community),  the  spare  capacities  (which  represented 
during  the  RIP  approximately  30  %  of  the  total  import  volume  of  the  product 
concerned from India into the Community and 3 % of Community consumption) and 
the  incentives  to  redirect  sales  volumes  to  the  Community,  it  was  concluded  that 
there  is  likelihood:  (i)  of  a  continuation  of  dumping,  (ii)  of  an  increase  of  the 
quantities  exported  to  the  Community,  should  anti-dumping  measures  in  force  be 
lifted. 

Situation on the Community market and likelihood of continuation of injury 

The investigation revealed that the Community industry has not been able to recover 
from past dumping after the imposition of anti-dumping measures in 2001. This was 
because of circumvention (against which measures were adopted only by the end of 
2004) and inappropriate undertakings which were repealed only in March 2006. By 
illustration, prior to the imposition of anti-circumvention duties and the repeal of the 
undertakings, the level of imports from Indian companies found to be dumping was 
more than three times higher than during the review IP. 

Consequently,  the  economic  situation  in  the  Community  industry  worsened  with 
respect  of  most  injury  factors:  production,  production  capacity  and  capacity 
utilisation (– 4 %), sales volume (– 2 %) and value (– 5 %), market share (– 2 %), 
cash flow and profitability, investment activity and return on investment. 

Having  regard  to  the  above,  it  was  considered  that  the  situation  of  the  Community 
industry  was  still  precarious  and  any  increase  of  dumped  imports  would  in  all 
likelihood  aggravate  this  situation.  Therefore,  it  was  concluded  the  repeal  of  the 
measures against India would, in all likelihood, result in a recurrence of injury to the 
Community industry. 

Community interest 

EN 

40 

   EN 

 
It was established that the continuation of the anti-dumping measures would be in the 
interest  of  the  Community  industry  and  that  it  would  have  no  major  impact  on 
importers and users.  

In light of the above, it was concluded that the anti-dumping measures applicable to 
imports of PET film from India should be maintained. 

2. 

Lamps  (integrated  electronic  compact  fluorescent)  originating  in  P.R.  China  and 
extending to imports consigned from Vietnam, Pakistan and the Philippines 

The expiry review was initiated on 19 July 2006. The request for the expiry review 
was  lodged  by  the  Community  Federation  of  Lighting  Industry  of  Compact 
Fluorescent  Lamps  Integrated  (CFL-i)  on  behalf  of  more  than  25%  of  the  total 
Community production of CFL-i. 

A partial interim review limited to the level of dumping with regard to one exporting 
producer  was  initiated  a  few  months  later  and  was  still  on-going  at  the  time  of 
completion of the expiry review. 

The  product  concerned  is  electronic  compact  electronic  compact  fluorescent 
discharge  lamps  functioning  on  alternating  current  (including  electronic  compact 
fluorescent discharge lamps functioning on both alternating and direct current), with 
one or more glass tubes, with all lighting elements and electronic components fixed 
to the lamp foot, or integrated in the lamp foot. 

Dumping  

In  view  of  the  large  number  of  Chinese  exporting  producers  sampling  was  applied 
for the determination of dumping. The investigation was based on information from 
two exporting producers which had originally received Individual Treatment (IT) and 
a  third  exporting  producer  that  had  received  neither  Market  Economy  Treatment 
(MET) nor IT. It was noted that none of the companies that had been granted MET in 
the  original  investigation  cooperated  in  the  expiry  review.  The  three  exporting 
producers investigated represented more than 30% of the total exported quantities to 
the Community from the PRC, and more than 40 % of the quantities excluding the 
Chinese exporter subject to 0 % duty. 

Korea was chosen as the most appropriate analogue country. 

The investigation showed the existence, during the IP, of dumping of above 50% for 
the two companies that had originally received IT and dumping of at least that level 
for the companies that had not received MET or IT. There was thus strong evidence 
of continued dumping at significant levels. 

Likelihood of continuation of dumping  

Dumping  at  significant  levels  was  found  to  occur  during  the  period  under  review, 
with measures in place. It was concluded that dumping would be likely to continue if 
measures were to lapse and export volumes were to increase. The Community market 
was found to be a very attractive market for PRC exports given its size and the ever 
increasing demand for the product concerned. In addition, the fact that the price level 
on  the  Community  market  was  substantially  above  the  levels  in  the  PRC,  added  to 
the  attractiveness.  Furthermore,  the  finding  that  the  existing  measures  had  been 
circumvented was further indication of the attractiveness of the Community market. 
It  was  also  found  that  new  assembly-lines  could  be  established  relatively  quickly 

EN 

41 

   EN 

 
depending on the evolution of the market and the Chinese producers would be likely 
to  expand  their  capacity  to  take  advantage  of  a  new  market  situation,  should 
measures be repealed.  

Likelihood of continuation or recurrence of injury 

The analysis of the Community producers conducted during the investigation showed 
a complex picture. The structure of the sector appeared to be in flux and views were 
mixed,  with  the  largest  producer,  in  terms  of  production  volumes,  being  in  favour 
and  the  rest  being  opposed  to  the  continuation  of  measures.  The  largest  producer 
accounted  for  around  48%  of  Community  production  thereby  constituting  a  major 
proportion of Community production.  

The investigation showed that it could not be concluded that the supporting producer 
had  fully  recovered  from  the  effects  of  past  dumping.  Almost  all  injury  indicators 
showed  negative  trends.  For  example  undercutting  ranged  from  48,2%  to  61,5%. 
During the period considered imports from the PRC increased by 235%, which was 
partly  at  the  expense  of  the  supporter's  financial  performance  as  concerns 
Community-produced CFL-i lamps. Sales volumes and sales values of the supporter 
decreased  and  profitability  went  down  to  a  level  where  the  supporter  was  making 
losses during the period under review. 

As was outlined above, it was considered that the Chinese exports would be likely to 
increase.  The  significant  levels  of  dumping  and  undercutting  observed  and  the  low 
level of prices of Chinese exports to third countries indicated that the export volumes 
to  the  Community  would  be  made  at  dumped  prices,  which  would  lie  below  the 
prices and costs of the supporter. This would be likely to lead to a deterioration of the 
supporter's situation. The investigation did not identify any factor that would be such 
as to break the causal link between the dumped Chinese imports and the injury. This 
conclusion also applied to the imports of the supporter – these imports were needed 
by  the  supporter  to  complete  the  product  range.  They  represented  only  a  relatively 
small portion of the total sales volumes on the Community market. 

It was therefore concluded that there was a likelihood of continuation and recurrence 
of injurious dumping should anti-dumping measures on imports of CFL-i originating 
in the PRC be allowed to lapse. 

Community interest 

It was examined whether compelling reasons existed to show that it was not in the 
Community interest to maintain measures in this case.  

It  was  concluded  that  it  would  be  in  the  interest  of  the  supporting  producer  if 
measures were maintained. With regard to other manufacturers in the Community, it 
was  thought  that  given  their  import  activity,  the  existence  of  duties  had  a  negative 
impact  on  their  overall  activity  –  also  because  it  prevented  them  from  optimising 
their production mix. Given their mix of production and importing from the PRC it 
was concluded that the re-imposition of measures would either not be in their interest 
(for one company) or that it could at least not be ruled out that the measures would 
be contrary to their interests (for two companies). 

Almost  all  suppliers  had  expressed  concerns  about  losing  business  should  the 
existence of the CFL-i manufacturing in the Community be at stake. It was therefore 
concluded that measures would be in the interest of suppliers'. 

EN 

42 

   EN 

 
The impact on the importers and retailers appeared to be mixed. Whilst they mostly 
expressed opposition to measures, it was also acknowledged that repeal of measures 
could mean that B-grade lamps that are central to the business of the importers may 
have difficulties in competing. 

In the Community interest context, opposing arguments were submitted on the issues 
of coherence with the Community energy saving policies. Some parties argued that 
measures  suppress  the  sales  of  energy  saving  lamps  and  are  therefore  contrary  to 
such  Community  policies,  while  another  party  argued  that  the  Chinese-produced 
lamps  contain  more  mercury  and  as  a  result  have  a  greater  negative  effect  on  the 
environment. In this context, it was noted that anti-dumping measures are aimed at 
addressing  unfair  competitive  advantages  resulting  from  practices  of  dumping  of 
imports  to  the  Community.  The  existence  of  other  Community  policies,  as  such, 
would therefore not preclude the imposition and continuation of duties should these 
be needed. Nonetheless, the investigation showed that there had been an increase in 
demand  by  European  consumers  –  probably  due  to  their  interest  in  reducing  their 
energy  expenditure  and  contributing  to  sustainable  development.  Given  that  the 
measures in force had a significant impact on the retail prices of the product in the 
Community,  some  consumers  may  not  have  been  able  to  make  the  switch  from 
incandescent  lamps  to  the  product  concerned.  The  background  fact  of  the 
Community  policies  that  aim  to  foster  the  use  of  energy  saving  lamps  reinforced 
these arguments. It was therefore considered that continuation of the measures would 
pose a significant burden on consumers in the medium and long term. Furthermore, 
although  the  measures  in  place  had  not  been  detrimental  to  imports,  it  was  it  was 
considered  that  in  the  medium  term,  the  impact  on  supply  from  a  continuation  of 
measures may be more significant. 

Overall,  the  interest  of  the  one  producer  (representing  a  substantial  proportion  of 
Community  production)  had  to  be  balanced  against  substantial  considerations  that 
led  to  the  conclusion  that  it  was  in  the  Community  interest  to  discontinue  the 
measures.  The  Community  industry  was  itself  heavily  reliant  on  imports  from  the 
PRC  to  meet  demand,  which  is  expanding  rapidly.  Some  Community  producers 
themselves did not favour a continuation of the measures, and the measures had been 
shown  to  have  a  significant  impact  on  consumer  prices  and  hence  on  the  choices 
made by consumers as to whether to buy CFL(i) or less efficient incandescent lamps. 

It  was  therefore  concluded  that  the  overall  balance  of  the  relevant  interests  lay  in 
discontinuing  the  measures.  However,  in  light  of  the  considerations  noted  above 
regarding  the  interests  of  the  producer  who  was  supporting  continuation,  when 
weighing  them  against  the  interests  at  stake  and  in  particular  those  of  the  other 
producers in the Community, it was in the short term interest of the Community to 
continue  the  measures  for  a  further  adjustment  period.  It  was  therefore  appropriate 
that  the  measures  be  maintained  only  for  one  year  before  they  lapse.  After  this  the 
likely negative effects on consumers and other operators would be disproportionate 
to the benefits which Community manufacturers would derive from the measures. 

Measures 

The  measures  previously  in  force,  ranging  from  0%  to  66,1%  were  therefore 
maintained for a further year. 

EN 

43 

   EN 

 
9.2.1.3.  Reviews concluded by termination 

During  2007,  3  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  cases  which  were  concluded  by  termination  during  2007, 
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 (type of 
investigation23) 

Originating from  Main reason for 

termination 

Steel Ropes and cables* 
(AD) 

Urea (AD) 

Thailand* 

Turkey* 

Russia 

No risk of recurrence of 
dumping 

No likelihood of recurrence 
of injury 

Details on the cases (in chronological order) 

1. 

Urea originating in Russia 

The  expiry  review  was  initiated  in  May  2006  following  a  request  lodged  by  the 
European  Fertiliser  Manufacturers  Association  (EFMA)  on  behalf  of  producers 
representing a major proportion, in this case more than 50 %, of the total Community 
production of urea.  

The  product  concerned,  i.e.  urea  originating  in  Russia,  is  produced  mainly  from 
ammonia, which in turn is produced from natural gas. It can be used for agricultural 
and industrial purposes. 

Dumping 

From  five  Russian  exporting  producers  which  cooperated  in  the  investigation  a 
sample of four exporting producers was selected in accordance with Article 17 of the 
basic Regulation. They represented 48 % of exports of urea originating in Russia to 
the Community during the IP of the review. 

The investigation showed that dumping took place during the review IP mostly at a 
lower level than in the previous expiry review investigation. The dumping margins, 
expressed  as  a  percentage  of  the  CIF  Community  frontier  price,  duty  unpaid,  are 
nevertheless substantial, i.e. in the range of 6 % to 23 %. 

23 

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

EN 

44 

   EN 

 
 
 
 
 
 
 
                                                 
Likelihood of Continuation of Dumping 

The  investigation  revealed  that  since  2003,  Russian  export  prices  of  urea  to  the 
Community, albeit dumped, have been significantly above the MIP of EUR 115 per 
tonne which was in force during the review. Moreover, during the review IP, average 
Russian export prices have been 68 % above the MIP. 

This led to the conclusion that the measures in force had no impact on either prices 
or  quantities  of  exports  of  urea  originating  in  Russia  which  have  remained  at  a 
relatively  stable  level  over  the  period  considered.  As  a  consequence,  it  was 
considered unlikely that there would be an impact on prices or quantities of exports 
of urea originating in Russia should measures be repealed. 

Examination of other factors such as, the  possible effects of existing Russian spare 
capacity and possible new capacity as well as the likelihood of redirection of other 
sales to the Community did not affect the above conclusion.  

Situation on the Community market and likelihood of recurrence of injury 

From  nine  cooperating  Community  producers,  accounting  for  around  60%  of  the 
total Community production during the RIP, a sample consisting of four companies 
was selected.  

Between 2002 and the IP of the review, the market share of the Community industry 
decreased slightly, as did its sales volume on the Community market. However, the 
overall financial situation of the Community industry has overwhelmingly improved 
during  the  period  considered.  Most  of  the  indicators  examined  showed  significant 
improvement:  profitability  of  the  sampled  producers  increased  considerably, 
exceeding significantly the level of profitability set as a target profit in the original 
investigation. In addition return on investment and cash-flow  increased. Production 
volume  of  the  Community  industry  remained  stable.  Sales  prices  of  the  sampled 
producers  evolved  positively  over  the  whole  period  considered.  Wages  developed 
moderately and the Community industry continued to invest. 

Besides, it was established that imports from Russia were not undercutting the prices 
of  the  Community  industry  and  that  consequently,  the  impact  on  the  Community 
industry  of  the  magnitude  of  the  actual  dumping  margin  of  dumping  found  in  the 
review IP was not significant.  

Therefore, it was concluded that there was no continuation of material injury to the 
Community industry and that there is no likelihood of recurrence of injury should the 
measures be removed.  

The  review  was  terminated  by  repealing  the  anti-dumping  duty  on  imports  of  urea 
originating in Russia.  

2. 

Steel ropes and cables originating in Thailand and Turkey 

The expiry review was initiated in August 2006, following a request lodged by the 
Liaison  Committee  of  EU  Wire  Ropes  Industries  (EWRIS),  on  behalf  of  producers 
representing more than 50 %, of the total Community production of certain iron and 

EN 

45 

   EN 

 
steel ropes and cables. The review was combined with several partial interim reviews 
and it covered also other countries which are not subject of this presentation. 

The  product  concerned  is  ropes  and  cables  (SWR),  including  locked  coil  ropes,  of 
iron  or  steel  but  not  stainless  steel,  with  a  maximum  cross-sectional  dimension 
exceeding 3 mm, with attached fittings or not, originating in the countries concerned.  

Dumping 

Thailand 

Out of the three known producers of SWR in Thailand, one company, representing 
almost  100  %  of  Thailand's  total  exports  to  the  Community  during  the  review  IP 
cooperated  in  the  investigation.  Exports  by  the  cooperating  company  to  the 
Community were at a very low level during the review IP and were subject to a price 
undertaking. 

The  comparison  of  the  weighted  average  normal  value  with  the  weighted  average 
export  prices,  at  the  same  level  of  trade, for  this  company  showed  the  existence  of 
relatively  low  dumping  during  the  IP,  compared  to  the  original  investigation.  The 
weighted average dumping margin expressed as a percentage of the CIF value at the 
Community frontier was 7,6 %. 

Turkey 

Both known exporting producers of SWR in Turkey cooperated in the expiry review 
investigation, accounting for 100 % of EU exports from Turkey. 

The comparison of the average export price with the normal value for each type of 
the  product  concerned  showed  the  existence  of  dumping  for  only  one  exporter  in 
Turkey, and a de minimis margin for the other. The dumping margin expressed as a 
percentage  of  the  CIF  value  at  the  Community  frontier  was  33,6  %  for  the  said 
exporter. 

Likelihood of Continuation of Dumping 

It  was  concluded  that  there  was  no  likelihood  of  recurrence  or  continuation  of 
dumping for  imports of SWR originating  in Thailand and Turkey even  if measures 
were repealed.  

In the case of Turkey, the main argument which contributed to the above conclusion 
was  that  the  share  of  dumped  imports  from  Turkey  on  the  Community  market  was 
less  than  0,5  %  of  which  10%  were  not  even  in  competition  with  Community 
production, because it concerned product types not manufactured by the Community 
industry.  

In  the  case  of  Thailand,  the  investigation  showed  that  the  sales  volumes  of  the 
cooperating  exporting  producer  were  extremely  low,  since  it  focuses  on  several 
export markets other than the Community. Therefore, it was considered unlikely that 
the cooperating exporting producer in Thailand would export large quantities to the 
Community  market,  even  if  measures  were  repealed.  It  was  also  noted  that  the 

EN 

46 

   EN 

 
exporting  producer  respected  the  price  undertaking  and  that  it  sold  at  prices  above 
the agreed minimum prices on many occasions.  

Situation on the Community market and likelihood of recurrence of injury 

A  sample  of  5  companies  was  selected  from  22  cooperating Community  producers 
accounting together for 87% of the total Community production of SWR.  

A price undercutting of 24% was found for dumped imports from Turkey, whereas 
the level of undercutting of imports originating in Thailand was found to be around 
1%.  

The  investigation  showed  that  since  the  imposition  of  anti-dumping  measures  on 
SWR  the  Community  industry  managed  to  improve  its  economic  situation.  Most 
injury factors such as sales volume, production and production capacity, productivity 
increased. However, although the situation of the Community industry improved as 
compared to the period preceding the imposition of measures, it was still found to be 
fragile. 

The  investigation  also  revealed  that  imports  form  countries  not  subject  to  anti-
dumping measures as well as from other countries subject to anti-dumping measures 
increased  significantly  compared  to  the  imports  from  Thailand  and  Turkey  which 
remained more or less stable.  

Termination of the review and repeal of the measures 

In  light  of  the  findings  as  regards  Thailand  and  Turkey,  and  the  absence  of  any 
indications  of  risk  for  recurrence  of  dumping  in  the  future,  anti-dumping  measures 
against imports of SWR originating in these countries were repealed. 

9.2.2. 

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/subsidization and injury have changed significantly. Reviews can 
be limited to dumping/subsidization or injury aspects. 

During  2007,  a  total  of  24  interim  reviews  were  initiated.  11  interim  reviews  were 
concluded  with  confirmation  or  amendment  of  duty  and  7  investigations  were 
concluded  by  terminating  the  measures.  The  alphabetical  list  of  cases  which  were 
concluded  during  2007  by  confirming  or  amending  the  duties,  together  with  the 
result of the investigation, can be found below. It should be noted that some interim 
reviews  may  be  carried  out  in  parallel  with  expiry  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 G. 

EN 

47 

   EN 

 
Product 

Originating from 

Hand pallet trucks and their 
essential parts 

P.R. China 

Lamps 

P.R. China 

PET film 

India 

Polyester staple fibres 

Polyethylene terephthalate 
(PET) 

Belarus 
P.R. China 
Saudi Arabia 
Korea (Rep. of) 
Korea (Rep. of) 

Taiwan 

Polyethylene terephthalate 
(PET) film (AS) 

India 

Steel ropes and cables 

Russia 

Result of the investigation/ 
Type24 and level of measure 

Termination of the AD 
review with no change to the 
duties 
Termination of the AD 
review with no change to the 
duties 
Termination of the AD 
review with no change to the 
duties 
Termination of the AD 
review with no change to the 
duties 

Reduction of the AD duties 
for 1 company. Remainder 
unchanged 
Reduction of AD duty for 2 
companies – increase of all 
others rate 
Amendment of the AS duties 
for individual companies as 
well as 'all others' rate 
Reduction of the AD duties 
for two individual companies 
- 'all others' rate unchanged 

9.2.3.  “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 2007.  

A  list  of  the  cases  concerned  is  given  in  Annex  H  which  shows,  in  footnotes,  the 
main issues concerned. More information can be obtained from the Official Journal 
to which reference is given in the Annex . 

9.2.4.  New exporter reviews 

As far as 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 

24 

AD = anti-dumping, AS = anti-subsidy, UT = undertaking. 

EN 

48 

   EN 

 
 
 
                                                 
subject to the anti-dumping measures, and that they have actually started to export to 
the Community following the investigation period, or that they have entered into an 
irrevocable contractual obligation to export a significant quantity to the Community. 

When a review for a new exporter is initiated, the duties are repealed with regard to 
that exporter, though its imports are made subject to registration under Article 14(5) 
of  the  basic  Regulation  in  order  to  ensure  that,  should  the  review  result  in  a 
determination of dumping in respect of such an exporter, anti-dumping duties may be 
levied retroactively to the date of the initiation of the review. 

As  far  as  anti-subsidy  measures  are  concerned,  Article  20  of  the  basic  Regulation 
allows  for  a  review  ("accelerated"  review)  to  be  carried  out  in  order  to  establish 
promptly an individual countervailing duty. Any exporter whose exports are subject 
to a definitive countervailing duty but who was not individually investigated during 
the  original  investigation  for  reasons  other  than  a  refusal  to  co-operate  with  the 
Commission can request such review. 

In 2007, 2 new exporter reviews were initiated. Since the Commission carried out the 
first  reviews  of  this  type  in  1990,  a  total  of  53  investigations  have  been  initiated. 
There were no new exporter reviews concluded during 2007.  

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

9.2.5.  Absorption investigations 

Where  there  is  sufficient  information  showing  that,  after  the  original  investigation 
period  and  prior  to  or  following  the  imposition  of  measures,  export  prices  have 
decreased or that there has been no or insufficient movement in the resale prices or 
subsequent selling prices of the imported product in the Community, an "absorption" 
review may be opened to examine whether the measure has had effects on the above-
mentioned  prices.  Dumping  margins  may  as  such  be  recalculated  and  the  duty 
increased to take account of such lower export prices. The possibility of "absorption" 
reviews is included in Articles 12 and 19(3) of basic Regulations. 

In  2007,  there  were  no  anti-absorption  investigations  initiated.  1  such  investigation 
was concluded with an increase of the duty.  

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

9.2.6.  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. 

EN 

49 

   EN 

 
In  2007,  4  anti-circumvention  investigations  were  initiated.  3  such  investigations 
were concluded, 1 with an extension of the duty and 2 without. More information can 
be obtained from the Official Journal to which reference is given in Annex K. 

9.3. 

Safeguard investigations 

Safeguard measures have always been and remain an exceptional instrument which 
the  Commission  would  only  apply  in  truly  exceptional  circumstances.  Indeed,  they 
are only used where it is clear that, applying the highest standards, such measures are 
necessary  and  justified  because,  due  to  unforeseen  circumstances,  there  has  been  a 
surge  in  imports  and  this  has  caused  or  threatens  to  cause  serious  damage  to  the 
Community industry.  

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. 

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,  Free  Trade  Agreements  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. 

At the start of 2007 only one safeguard measure was in place concerning imports of 
certain  prepared  or  preserved  citrus  fruits  (Satsuma's).  This  measure  expired  in 
November  2007  so  that  at  the  end  of  the  year  the  European  Community  had  no 
safeguard measures in place.  

9.3.2. 

Safeguard measures on certain prepared or preserved citrus fruits (satsumas) 

Definitive safeguard measures on imports of satsumas in the form of a tariff quotas, 
which had originally been imposed in 2004, expired in November 2007.  

10. 

ENFORCEMENT OF ANTI-DUMPING/COUNTERVAILING MEASURES 

Globalisation  of  trade  led  to  greater  possibilities  for  circumventing  or  otherwise 
reducing the effectiveness of anti-dumping and countervailing measures. To address 
this problem, throughout 2007 the TDI services continued their follow-up activities 
aimed  at  ensuring  that  measures  were  effectively  enforced.  In  the  framework  of  an 
integrated  approach  measures  were  considered  in  all  their  forms  -  duties  and 
undertakings – and synergy was sought between the TDI services and enforcement-
oriented services (OLAF, DG Taxud and customs authorities in Member States).  

EN 

50 

   EN 

 
10.1. 

Follow-up of measures 

The  follow-up  activities  concerning  measures  in  force  are  centred  on  four  main 
areas:  (1)  to  pre-empt  fraud,  by  defining  risk-related  areas,  alerting  customs 
authorities and assessing the feedback from customs and economic operators; (2) to 
monitor trade flows and market developments; (3) to improve the effectiveness with 
the  appropriate  instruments  (new  investigation,  interim  review,  newcomer  review, 
contact  with  national  administrations)  and  (4)  to  react  to  irregular  practices  by 
enhancing  the  co-operation  with  enforcement-related  services  (OLAF  and  national 
customs) and by initiating anti-absorption or anti-circumvention investigations. 

10.2.  Monitoring of undertakings 

Monitoring  of  undertakings  forms  part  of  the  enforcement  activities,  since 
undertakings  are  a  form  of  anti-dumping  or  countervailing  measure.  They  are 
accepted by the Commission if it is established 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 addition, continued contacts with the Community industry are 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. 

At  the  beginning  of  2007,  there  were  undertakings  in  force  accepted  from  43 
companies, covering 12 products originating in 11 different countries. 

During 2007, the following changes took place: 

Undertakings of 8 companies came to an end: 

– 

– 

– 

two  companies  were  found  to  breach  their  undertakings  and  therefore  the 
Commission withdrew the acceptance of their undertakings and the applicable 
anti-dumping  duties  became  payable  (steel  wire  ropes  originating  in  South 
Africa  –  1  company;  magnesia  bricks  originating  in  the  People's  Republic  of 
China – 1 company); 

the  acceptance  of  one  company'  undertaking  was  withdrawn  because  the 
undertaking  was  no  longer  appropriate  to  counteract  the  injurious  effect  of 
dumping (steel wire ropes originating in Russia – 1 company); 

the  undertaking  of  one  company  was  repealed  since  the  measures  concerning 
that  country  were  repealed  as  a  result  of  a  interim  review  (steel  wire  ropes 
originating in Thailand – 1 company); 

EN 

51 

   EN 

 
– 

– 

the  undertaking  of  one  company  was  repealed  since  the  measures  for  that 
company were repealed as a consequence of a judgement of the Court of First 
Instance  of  the  European  Communities  (silicon  originating  in  Russia  –  1 
company) 

undertakings of three companies expired due to the enlargement of the EU on 1 
January  2007  (seamless  pipes  and  tubes  originating  in  Romania  –  3 
companies).  

In addition, 3 offers for undertakings have been accepted: 

– 

in  two  new  proceedings,  undertakings  of  3  companies  were  accepted  (sweet 
corn  originating  in  Thailand  –  2  companies;  ferrosilicon  originating  in  the 
former Yugoslav Republic of Macedonia – 1 company); 

This  brings  the  total  number  of  undertakings  in  force  at  the  end  of  2007  to  38, 
covering  12  products  originating  in  10  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. 

As  undertakings  have  to  provide  the  same  remedial  effect  as  the  alternative  duties 
would do, the examination, adaptation and drafting of undertaking offers have 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 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) or where the product concerned was not suitable for a 
price undertaking (i.e. high price fluctuations of the product concerned which cannot 
be  explained  by  the  fluctuation  in  the  price  of  the  raw  material  and  thus  does  not 
allow to index the minimum import prices) . 

11. 

REFUNDS  

Article 11(8) of the basic anti-dumping Regulation and Article 21 of the basic anti-
subsidy Regulation allow importers to request the reimbursement of collected duties 
where it is shown that the dumping or subsidy margin, on the basis of which duties 
were paid, has been eliminated, or reduced to a level below that of the duty in force. 

Eight new refund requests were lodged during 2007. During the year five cases were 
closed; no full or partial refund was granted and 3 refund requests were rejected by 
decision. 2 other requests were withdrawn. Further details on refunds can be found in 
Annex U. 

EN 

52 

   EN 

 
12. 

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

12.1.  Overview of the judicial reviews in 2007 

In 2007, the Court of Justice (COJ) and the Court of First Instance (CFI) rendered 1 
judgment  each  relating  to  the  areas  of  anti-dumping  or  anti-subsidy.  The  COJ  also 
issued  1  order  removing  a  case  from  the  register  and  the  CFI  issued  3  orders 
removing cases from the register.  

12.2.  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 2007 is given in Annex S ( 34 before the CFI and 7 before 
the CoJ). 

12.3.  New cases 

10  new  cases  (aside  from  applications  for  leave  to  intervene  or  appeals  against  not 
being allowed to intervene) were lodged in 2007 (compared to 19 in 2006 and around 
5 or 6 in the preceding years), all before the CFI. 

12.4. 

Judgments rendered by the Court of First Instance 

One judgment relating to the anti-dumping or anti-subsidy areas was rendered by the 
Court of First Instance (CFI). The CFI also issued three orders removing cases from 
the  register  for  reasons  of  inadmissibility  or  because  the  proceedings  were 
discontinued by the applicant or the application withdrawn. 

12.4.1.  Silicon originating in Russia – T-107/04 – Aluminium Silicon Mill Products GmbH v 
Council  of  the  European  Union:  Judgment  of  14th  March  2007  (OJ  C  95  of 
28.04.2007, p.37) 

The applicant was a Swiss company importing silicon from two Russian producers. It 
challenged Council Regulation (EC) No 2229/2003 which imposed a definitive duty 
on  imports  of  silicon  originating  in  Russia  on  several  grounds.  In  particular,  it 
alleged that the institutions committed a manifest error of assessment in (i) finding 
material  injury;  and  (ii)  finding  a  causal  link  between  the  dumped  imports  and  the 
material injury found. 

The Court concentrated its analysis on the two grounds set out above and agreed with 
the  applicant  that  the  institutions  did  indeed  commit  manifest  errors  of  assessment. 
With regard to material injury, the Court found that the Council erroneously assessed 
the development of the Community industry's market share during the period under 
consideration  and  thus  based  its  finding  of  the  existence  of  injury  on  an  incorrect 
premise.  Further,  the  Court  found  that  the  Council  committed  a  manifest  error  of 
assessment  in  its  analysis  of  causation.  According  to  the  Court,  the  Council 
disregarded the effect of the impact of contraction in demand from chemical industry 
users  on  the  average  price  charged  by  the  Community  industry;  that  it  disregarded 
the  increase  in  the  Community  industry's  market  share  and  its  sales  volume  during 
part of the period under consideration; and that it failed to consider the change in its 
sales structure during the same time. 

EN 

53 

   EN 

 
As  a  result,  the  Court  annulled  the  contested  Regulation  in  so  far  as  it  imposes  an 
anti-dumping duty on the applicant. 

12.5. 

Judgments rendered by the Court of Justice 

In 2007, the Court of Justice (COJ) rendered 1 judgment relating to the anti-dumping 
or anti-subsidy areas and issued 1 order removing a case from the register after the 
referring court discontinued the proceeding. 

12.5.1  Bed  Linen  originating  in  Egypt,  India  and  Pakistan  –  C-351/04  –  Ikea  Wholesale 
Ltd.  v.  Commissioners  of  Customs  &  Excise  [reference  for  a  preliminary  ruling]: 
Judgment of 27 September 2007 (C 283, 24.11.2007, p.2) 

to 

implement 

the  DSB's 

recommendations 

This case concerns a reference for a preliminary ruling by the UK Commissioners of 
Customs  &  Excise  regarding  the  validity  of  Council  Regulation  (EC)  N°  2398/97 
imposing  a  definitive  anti-dumping  duty  on  imports  of  bed  linen  originating  in 
Egypt,  India  and  Pakistan  ("the  Bed  Linen  Regulation")  and  the  possibility  for  an 
importer to rely on the invalidity of such regulation in order to obtain repayment of 
duties  paid  in  accordance  with  the  relevant  provisions  of  the  Community  Customs 
Code. 
The  Court's  analysis  regarding  the  validity  of  the  "Bed  Linen  Regulation"  was 
twofold.  
The  Court  first  held  that  the  validity  of  the  "Bed  Linen  Regulation"  could  not  be 
reviewed  in  the  light  of  the  WTO  Anti-Dumping  Agreement  as  subsequently 
interpreted by the DSB's recommendations. Indeed, it was clear from the subsequent 
regulations  adopted 
that  such 
implementation  was  prospective  only  and  excluded  any  repayment  of  duties  paid 
under the "Bed Linen Regulation". 
Second, the Court held that the  "Bed Linen Regulation" was incompatible with  the 
Basic  Anti-Dumping  Regulation  in  that  it  applied  "zeroing"  per  model  type  for  the 
calculation of the margin of dumping.  
Conversely,  the  Court  held  that  the  determination  of  the  Selling,  General  and 
Administrative  expenses  and  profit  pursuant  to  Article  2(6)(a)  of  the  Basic  AD 
Regulation may be carried out on the basis of data from a single enterprise in spite of 
the use of the plural in the expression 'other exporters or producers' in Article 2(6)(a). 
Furthermore, the Court held that in evaluating, for the purpose of the examination of 
the impact of the dumped imports, only the relevant factors having a bearing on the 
state of the Community industry as opposed to all the factors listed in Article 3(5) of 
the Basic AD Regulation, the Community institutions did not exceed the margin of 
assessment  which  they  are  acknowledged  to  have  in  the  evaluation  of  complex 
economic situations25. 
Lastly, the Court held that an importer which has brought an action before a national 
court against the decisions by which the collection of anti-dumping duties is claimed 
from  it  under  a  regulation  declared  invalid  is,  in  principle,  entitled  to  rely  on  that 
invalidity  in  order  to  obtain  repayment  of  those  duties  in  accordance  with  Article 
236(1) of the Community Customs Code. 

25 

It  should  be  noted  that,  by  contrast,  the  WTO  Appellate  Body  considered  these  two  practices  to  be 
inconsistent  with  the  relevant  provisions  of  the  WTO  AD  Agreement,  notably  in  European 
Communities  –  Anti-Dumping  Duties  On  Imports  Of  Cotton-Type  Bed  Linen  From  India 
(WT/DS141/AB/R of 1 March 2001) 

EN 

54 

   EN 

 
                                                 
13. 

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

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

13.1.1.  Overview of the WTO dispute settlement procedure 

The WTO provides for a rigorous procedure for the settlement of disputes between 
WTO Members concerning the application of the WTO agreements. The procedure 
is  divided  into  two  main  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. 

The  findings  of  a  panel  or  Appellate  Body  report  have  to  be  implemented  by  the 
WTO Member whose measures have been found to be inconsistent with the relevant 
WTO  Agreements.  If  the  complaining  WTO  Member  is  not  satisfied  with  the  way 
the  reports  are  implemented,  it  can  ask  for  the  establishment  of  a  so-called 
“implementation  panel”.  Here  too,  appeal  against  the  findings  of  the  panel  is 
possible. 

It  should  be  noted  that the  anti-dumping,  anti-subsidy  and  safeguards  measures  are 
among the most popular subject matters in WTO dispute settlement.  

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

13.1.2.2. Norway – farmed salmon 

Anti-dumping measures on farmed salmon from Norway were imposed by the EC in 
January  2006  in  the  form  of  a  Minimum  Import  Price  (MIP)  of  €2,80/kg.  A  WTO 
panel  proceeding,  initiated  by  Norway  in  2006,  continued  throughout  2007  and 
culminated  in  the  panel  issuing  its  report,  first  to  the  parties,  and  then  on  16 
November 2007 to the public. 

Norway  had  challenged  the  EU  measure  in  extraordinarily  numerous  claims 
pertaining to all aspects of the investigation and covering most of the provisions of 
the Anti-Dumping Agreement. The results of the panel report are a 'mixed bag'.  

The EC won on a number of points that are important for its anti-dumping policy and 
practice  –  including,  for  example,  the  confirmation  that  sampling  is  permissible  in 
the  context  of  the  injury  analysis.  A  further  significant  victory  for  the  EC  was  the 
panel's  rejection  of  Norway's  request  for  the  EC  to  withdraw  the  measures.  In 
contrast, most of the points on which the EC lost are of a technical nature or specific 
to  certain  Norwegian  companies,  although  certain  minor  changes  regarding  the 
methodology for calculating dumping, for example, may be required. 

EN 

55 

   EN 

 
13.2.  Other WTO activities 

In  2007,  the  DDA  Negotiating  Group  on  rules  continued  to  meet  regularly  on  an 
informal basis to discuss the various textual proposals submitted by Members in the 
three negotiating areas, i.e. anti-dumping, industrial subsidies and fisheries subsidies.  

On  anti-dumping,  proposals  relating  to  affiliated  parties,  access  to  information  and 
foreign exchange rates were discussed. In the summer, a proposal submitted by the 
US  and  aiming  for  the  reversal  of  Appellate  Body  reports  prohibiting  zeroing  was 
discussed  at  length,  as  was  a  subsequent  Egyptian  proposal  on  the  same  subject 
submitted  in  the  autumn.  The  reaction  of  the  vast  majority  of  Members  to  the  US 
proposal was negative and was a precursor of the strong statements made following 
the  release  of  the  Chair's  text  in  November.  In  parallel  to  these  meetings,  work 
continued  in  the  subgroup  on  technical  issues,  with  strong  participation  of 
investigating authorities from traditional and new users. 

On subsidies to fisheries, the Community continued to advocate a “middle ground” 
position  and  a  strong  enforcement  and  transparency  mechanism  that  would  ensure 
that any new disciplines are actually implemented. In fact, the issue of enforcement 
became one of the main discussion topics. At the same time, some major Developing 
countries expressed increasing concerns about obtaining proper exemption from any 
new disciplines. 

On industrial subsidies, the discussions focused to a large extent on the subsidisation 
practices addressed by the EU in its textual proposal of April 2006 (i.e. subsidies in 
the  form  of  below  cost  financing  and  discrimination  in  favour  of  domestic 
industries).  An  increasing  number  of  WTO  members  showed  interest  in  improving 
disciplines in these areas. 

In  November  2007,  the  Chair  of  the  Negotiating  Group  issued  his  first  draft  text 
covering anti-dumping, general subsidies and fisheries subsidies. A vast majority of 
the WTO membership, including the EU, felt that the draft was seriously unbalanced 
and only reflected the views of a handful of members. This was particularly the case 
of  the  anti-dumping  and  fisheries  subsidies  draft  texts.  This  led  many  WTO 
members, including the EU, to call upon the Chair to produce a revised draft at the 
earliest possible time. 

In parallel to these activities, participation by the Commission services in the regular 
the  Anti-dumping,  Subsidies  and  Countervailing  and  Safeguards 
work  of 
Committees continued. 

14. 

CONCLUSION 

2007  saw  a  significant  drop  in  the  number  of  new  cases  initiated  as  well  as  the 
number  of  investigations  terminated  without  the  imposition  of  measures.  However, 
the number of measures imposed, both definitive and provisional, remained at a level 
close to that of 2006. Regarding reviews, there were more initiations in 2007 than in 
the previous year.  

EN 

56 

   EN 

 
The  TDI  review  process  provoked  lively  debate  and  generated  many  submissions 
from  stakeholders  during  the  year.  This  underlined  the  need  for  trade  defence 
instruments to be used in a fair and transparent way while fully respecting the rule of 
law.  

The  services  continued  to  carry  out  investigations  rigorously  and  professionally 
throughout the year. In this context the creation of an independent Hearing Officer in 
DG Trade further endorsed the services ongoing commitment to transparency and the 
rights of interested parties in the process. 

EN 

57 

   EN 

 
15. 

LIST OF ANNEXES 

ANNEXES : SUMMARY 

ANNEX A 

ANNEX B 

ANNEX C 

ANNEX D 

ANNEX E 

ANNEX F 

ANNEX G 

New investigations initiated during the period 1 January - 31 December 2007 
A.  Anti-dumping investigations 
B.  Anti-subsidy investigations 

New investigations initiated  
A.  by product sector during the period 2003 – 2007 (31 December) 
B.  by country of export during the period 2003 – 2007 (31 December) 

New  investigations  concluded  by  the  imposition  of  provisional  duties  during  the 
period 1 January - 31 December 2007 
A.  Anti-dumping investigations 
B.  Anti-subsidy investigations 

New investigations concluded by the imposition of definitive duties during the period 
1 January - 31 December 2007 
A.  Anti-dumping investigations 
B.  Anti-subsidy investigations 

New  investigations  terminated  without  imposition  of  measures  during  the  period 
1 January - 31 December 2007 
A.  Anti-dumping investigations 
B.  Anti-subsidy investigations 

Expiry  reviews  initiated  or  concluded  during  the  period  1  January  –  31  December 
2007 

Interim  reviews  initiated  or  concluded  during  the  period  1  January  –  31  December 
2007 

ANNEX H 

Other reviews concluded during the period 1 January - 31 December 2007 

ANNEX I 

ANNEX J 

ANNEX K 

ANNEX L 

New  exporter  reviews  initiated  or  concluded  during  the  period  1  January  –  31 
December 2007  
A.  Anti-dumping investigations 
B. Anti-subsidy investigations 

Anti-absorption investigations initiated or concluded during the period 1 January - 31 
December 2007 

Anti-circumvention investigations initiated or concluded during the period 1 January 
- 31 December 2007 

Safeguard  investigations  initiated  or  concluded  during  the  period  1 January  -  31 
December 2007 

ANNEX M 

Undertakings accepted or repealed during the period 1 January – 31 December 2007 

ANNEX N 

Measures which expired during the period 1 January - 31 December 2007 
A.  Anti-dumping investigations 

B. Anti-subsidy investigations 

ANNEX O 

Definitive anti-dumping measures in force on 31 December 2007  
A.  Ranked by product 
B.  Ranked by country 

EN 

58 

   EN 

 
ANNEX P 

Definitive anti-subsidy measures in force on 31 December 2007 
A.  Ranked by product 
B.  Ranked by country 

EN 

59 

   EN 

 
ANNEX Q 

ANNEX R 

Undertakings in force on 31 December 2007  
A.  Ranked by product 
B.  Ranked by country 

Anti-dumping & anti-subsidy investigations pending on 31 December 2007 : 
A.  New investigations (ranked by product) 
B.  Review investigations (ranked by product) 
C.  Ranked by country (new & review investigations) 

ANNEX S 

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

the European Communities on 31 December 2007 

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

Court of First Instance of the European Communities during 2007 

ANNEX T 

Safeguard and surveillance measures in force on 31 December 2007 

ANNEX U 

Refunds during the period 1 January - 31 December 2007 

EN 

60 

   EN 

 
 
 
STATISTICS COVERING THE FULL YEAR 2007  

Executive summary 

The  attached  statistics  covering  the  full  year  2007  will  also  be  part  of  the  2007  Annual 
Report,  which  will  be  submitted  by  the  Commission  to  the  European  Parliament  later  this 
year.  

The statistics have not been subject to a detailed analysis but rather give an indication of the 
evolution of the anti-dumping, anti-subsidy and safeguard activities.  

On 31 December 2007, there were 127 anti-dumping and 9 countervailing measures in force. 
Furthermore,  there  are  undertakings  in  force  from  9  countries  covering  10  products.  At  the 
end of December, 68 investigations were on-going. 

The general trends for 2007 are the following : 

1. Initiations 

A total of 50 investigations were initiated, split up as follows : 

– 

– 

– 

– 

– 

– 

– 

– 

9 new investigations, of which 0 anti-subsidy (see Annex A) 

11  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) 

24  interim  reviews,  of  which  8  anti-subsidy  (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) 

0 other reviews (see Annex H) 

2 new exporter review, of which 0 accelerated (see Annex I) 

0 anti-absorption investigations (see Annex J) 

4 anti-circumvention investigations (see Annex K) 

0 safeguard investigations were initiated (see Annex L) 

2. Measures 

– 

– 

– 

12  provisional  measures  were  imposed  (of  which  0  anti-subsidy),  involving 
imports from 3 countries and covering 1 product (see Annex C); 

12  definitive  measures  were  imposed  (of  which  0  anti-subsidy),  involving 
imports from 3 countries and covering 5 products (see Annex D);  

the  Commission  accepted  undertakings  offered  by  exporters  in  1  case  (see 
Annex M) 

EN 

61 

   EN

 
– 

– 

– 

– 

– 

– 

– 

of the expiry reviews, 13  reviews (of  which 1 anti-subsidy) were concluded 
with confirmation of duty (see Annex F) 

of  the  interim  reviews,  11  reviews  were  concluded  with  confirmation/ 
amendment of duty (see Annex G) 

of the other reviews, 8 investigations were concluded confirming/ amending 
the measures (see Annex H) 

of the new exporter reviews, 0 (of which 0 anti-subsidy) were concluded with 
imposition/amendment of the duty (see Annex I) 

of  the  anti-absorption  investigations,  1  was  concluded  with  increase  of  duty 
(see Annex J) 

of  the  anti-circumvention  investigations,  1  was  concluded  with  extension  of 
duty (see Annex K); 

No definitive safeguard measures were imposed (see Annex L). 

3. Terminations 

– 

– 

– 

– 

– 

– 

– 

– 

– 

10 new investigations (of which 1 anti-subsidy) were terminated without the 
imposition of measures (see Annex E) 

of the expiry reviews, 3 were concluded by termination (see Annex F) 

of  the  interim  reviews,  8  investigations  were  concluded  by  termination  (see 
Annex G) 

of the other reviews, 0 were concluded by termination (see Annex H) 

of the new exporter reviews, 0 were concluded by termination (see Annex I) 

of the anti-absorption reinvestigations, 0 were concluded by termination (see 
Annex J) 

of the anti-circumvention investigations, 2 were concluded without extension 
of duty/by termination (see Annex K); 

18  measures  (of  which  2  anti-subsidy)  lapsed  (15  measures  expired 
automatically  after  their  5-year  period  of  imposition  and  3  measures  lapsed 
following the enlargement on 1.1.2007) (see Annex N); 

in 1 case, the undertakings expired, lapsed or were repealed together with the 
measures;  in  4  cases,  the  undertakings  were  withdrawn  or  repealed  (see 
Annex M); 

– 

the safeguard measures on citrus fruits expired (see Annex L). 

Further  information  can  be  found  on  the  Court  cases  (up  till  31.12.2007)  (Annex  S),  on  all 
definitive  anti-dumping  measures  in  force  on  31.12.2007  (Annex  O),  on  all  definitive  anti-
subsidy measures in force on 31.12.2007 (Annex P), on undertakings in force on 31.12.2007 
(Annex Q) and on investigations pending on 31.12.2007 (Annex R). 

EN 

62 

   EN

 
Please note that those statistics are also available on the following Internet Website :  
http://europa.eu.int/comm/trade/issues/respectrules/anti_dumping/stats.htm.

EN 

63 

   EN

 
ANNEX A 

New investigations initiated 

during the period 1 January – 31 December 2007 

A. 

Anti-dumping investigations (chronological by date of publication) 

Product 

Country of origin  OJ Reference 

Citric acid 

Monosodium glutamate 

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

Citrus fruits 

Iron or steel fasteners 

Flat-rolled products (hot-dipped metallic-
coated iron or steel) 

P.R. China 

P.R. China 

Belarus 
Bosnia & Herzegovina 
P.R. China 
Russia 

P.R. China 

P.R. China 

P.R. China 

C 205 
04.09.2007, p. 14 

C 206 
05.09.2007, p. 20 

C 226 
26.09.2007, p. 7 
corrected by 
C 294 
06.12.2007, p. 21 

C 246 
20.10.2007, p. 15 

C 267 
09.11.2007, p. 31 

C 302 
14.12.2007, p. 24 

B. 

Anti-subsidy investigations (chronological by date of publication) 

Product 

Country of origin 

OJ Reference 

None 

- 

- 

EN 

64 

   EN

 
 
 
ANNEX B 

A) 

New investigations initiated by product sector during the period 2003 – 2007 
(31 December)  

Product 

2003 

2004 

2005 

2006 

2007 

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 

3 

2 

1 

2 

- 

- 

- 

- 

8 

7 

1 

8 

4 

2 

13 

2 

29 

29 

0 

3 

1 

7 

2 

4 

9 

26 

24 

2 

13 

2 

5 

2 

9 

5 

36 

35 

1 

2 

6 

1 

9 

9 

0 

EN 

65 

   EN

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
B) 

New  investigations  initiated  by  country  of  export  during  the  period  2003  –
2007 (31 December) 

Country of origin 
Australia 
Belarus 
Bosnia & Herzegovina 
China (People's Republic of) 
Croatia 
Egypt 
Guatemala 
Hong Kong 
India 
Indonesia 
Japan 
Kazakhstan 
Korea (Rep. of) 
Macedonia (FYR) 
Malaysia 
Norway 
Pakistan 
Philippines 
Romania 
Russia 
Saudi Arabia 
South Africa 
Taiwan 
Thailand 
Turkey 
Ukraine 
USA 
Vietnam 

2003 
1 
- 
- 
3 
- 
- 
- 
- 
2 
- 
- 
- 
- 
- 
- 
- 
1 
- 
- 
- 
1 
- 
- 
- 
- 
- 
- 
- 
8 

2004 
- 
1 
- 
9 
- 
- 
- 
- 
- 
1 
- 
- 
3 
- 
1 
1 
- 
1 
- 
3 
- 
- 
3 
1 
- 
- 
2 
3 
29 

2005 
- 
- 
- 
8 
1 
- 
1 
2 
1 
- 
- 
- 
1 
- 
3 
- 
1 
- 
2 
1 
- 
- 
1 
2 
- 
- 
- 
1 
26 

2006 
- 
- 
- 
12 
- 
1 
- 
- 
2 
- 
1 
2 
1 
1 
2 
- 
- 
- 
- 
2 
- 
1 
3 
2 
1 
3 
2 
- 
36 

2007 

1 
1 
6 

1 

9 

EN 

66 

   EN

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
ANNEX C 

New investigations concluded by the imposition of provisional duties 

during the period 1 January – 31 December 2007 

A. 

Anti-dumping investigations (chronological by date of publication) 

Product 

Peroxosulphates 

Dihydromyrcenol 

Ferro-silicon 

Country of 
origin 

P.R. China 
Taiwan 
USA 

India 

P.R. China 
Egypt 
Kazakhstan 
Former Yugoslav 
Republic of 
Macedonia 
Russia 

Polyvinyl alcohol 

P.R. China 

Manganese dioxides 

South Africa 

Coke (+ 80 mm) 

P.R. China 

Regulation N°  OJ Reference 

Commission Reg. 
(EC) No 390/2007 
11.04.2007 

Commission Reg. 
(EC) No 896/2007 
27.07.2007 

Commission Reg. 
(EC) No 994/2007 
28.08.2007 

Commission Reg. 
(EC) No 1069/2007 
17.09.2007 

Commission Reg. 
(EC) No 1066/2007 
17.09.2007 

Commission Reg. 
(EC) No 1071/2007 
18.09.2007 

L 97 
12.04.2007 
p. 6 

L 196 
28.07.2007 
p. 3 

L 223 
29.08.2007 
p. 1 

L 243 
18.09.2007 
p. 23 

L 243 
18.09.2007 
p. 7 

L 244 
19.09.2007 
p. 3 

B. 

Anti-subsidy investigations (chronological by date of publication) 

Product 

Country of 
origin 

Regulation N°  OJ Reference 

None 

- 

- 

- 

EN 

67 

   EN

 
 
 
ANNEX D 

New investigations concluded by the imposition of definitive duties 

during the period 1 January – 31 December 2007 

A. 

Anti-dumping investigations (chronological by date of publication) 

Product 

Country of 
origin 

Regulation N°  OJ Reference 

Tungsten electrodes 

P.R. China 

Frozen strawberries 

P.R. China 

Ironing boards 

Sweet corn (prepared or 
preserved in kernels) 

P.R. China 
Ukraine 

Thailand 

Saddles 

P.R. China 

Peroxosulphates 

Dicyandiamide 

Silico-manganese 

P.R. China 
Taiwan 
USA 

P.R. China 

P.R. China 
Kazakhstan 

Council Reg. 
(EC) No 260/2007 
09.03.2007 

Council Reg. 
(EC) No 407/2007 
16.04.2007 

Council Reg. 
(EC) No 452/2007 
23.04.2007 

Council Reg. 
(EC) No 682/2007 
18.06.2007 

Council Reg. 
(EC) No 691/2007 
18.06.2007 

Council Reg. 
(EC) No 1184/2007 
09.10.2007 

Council Reg. 
(EC) No 1331/2007 
13.11.2007 

Council Reg. 
(EC) No 1420/2007 
04.12.2007 

L 72 
13.03.2007 
p. 1 

L 100 
17.04.2007 
p. 1 

L 109 
26.04.2007 
p. 12 

L 159 
20.06.2007 
p. 14 

L 160 
21.06.2007 
p. 1 

L 265 
11.10.2007 
p. 1 

L 296 
15.11.2007 
p. 1 

L 317 
05.12.2007 
p. 5 

B. 

Anti-subsidy investigations (chronological by date of publication) 

Product 

Country of 
origin 

Regulation N°  OJ Reference 

None 

- 

- 

- 

EN 

68 

   EN

 
 
ANNEX E 

New investigations terminated without the imposition of measures 

during the period 1 January – 31 December 2007 

A. 

Anti-dumping investigations (chronological by date of publication) 

Product 

Country of 
origin 

Decision N° 

OJ Reference 

Pentaerythritol 

Polyester staple fibres 

P.R. China 
Russia 
Turkey 
Ukraine 
USA 

Malaysia 
Taiwan 

Camera systems 

Japan 

Silico-manganese 

Ukraine 

Commission Dec. 
No 2007/214/EC 
03.04.2007 

L 94 
04.04.2007 
p. 55 

Commission Dec. 
No 2007/430/EC 
19.06.2007 

Commission Dec. 
No 2007/539/EC 
04.07.2007 

Council Reg. 
(EC) No 1420/2007 
04.12.2007 

L 160 
21.06.2007 
p. 30 

L 198 
31.07.2007 
p. 32 

L 317 
05.12.2007 
p. 5 

B. 

Anti-subsidy investigations (chronological by date of publication) 

Product 

Country of 
origin 

Decision N° 

OJ Reference 

Dihydromyrcenol 

India 

Commission Dec. 
No 2007/535/EC 
27.07.2007 

L 196 
28.07.2007 
p. 45 

EN 

69 

   EN

 
 
ANNEX F 

Expiry reviews initiated or concluded 

during the period 1 January – 31 December 2007 

(chronological by date of publication) 

Initiated 

Product 

Country of origin 

OJ Reference 

Ammonium nitrate 

Russia 

Coumarin 

P.R. China 

Powdered activated carbon 
(PAC) 

P.R. China 

Sulphanilic acid (AS) 

India 

Sulphanilic acid 

P.R. China 
India 

Tube and pipe fittings, of iron 
or steel 

Korea (Rep. of) 
Malaysia 

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

Thailand 
Turkey 
Ukraine 

C 81 
14.04.2007 
p. 2 

C 103 
08.05.2007 
p. 15 

C 131 
13.06.2007 
p. 14 

C 171 
24.07.2007 
p. 14 

C 171 
24.07.2007 
p. 18 

C 192 
18.08.2007 
p. 15 

C 226 
26.09.2007 
p. 12 

Concluded : confirmation of duty 

Product 

Country of origin  Regulation/ Decision 

OJ Reference 

Polyethylene terphthalate 
(PET) 

India 
Indonesia 
Korea (Rep. of) 
Malaysia 
Taiwan 
Thailand 

No 

Council Reg. 
(EC) No 192/2007 
22.02.2007 

L 59 
27.02.2007 
p. 1 

EN 

70 

   EN

 
 
 
 
 
 
 
 
 
 
Polyethylene terphthalate 
(PET) (AS) 

India 

Ammonium nitrate 

Ukraine 

Lamps (integrated electronic 
compact fluorescent) 

P.R. China 

Steel ropes and cables 

Russia 

PET film 

India 

Lighters 

P.R. China 
Taiwan 

Council Reg. 
(EC) No 193/2007 
22.02.2007 

Council Reg. 
(EC) No 442/2007 
19.04.2007 

Council Reg. 
(EC) No 1205/2007 
15.10.2007 

Council Reg. 
(EC) No 1279/2007 
30.10.2007 

Council Reg. 
(EC) No 1292/2007 
30.10.2007 

Council Reg. 
(EC) No 1458/2007 
10.12.2007 

L 59 
27.02.2007 
p. 34 

L 106 
24.04.2007 
p. 1 

L 272 
17.10.2007 
p. 1 

L 285 
31.10.2007 
p. 1 

L 288 
06.11.2007 
p. 1 

L 326 
12.12.2007 
p. 1 

Concluded : termination and repeal of the measures 

Product 

Country of origin  Regulation/ Decision 

OJ Reference 

Urea  

Russia 

Steel ropes and cables 

Thailand 
Turkey 

No 

Council Reg. 
(EC) No 907/2007 
23.07.2007 

Council Reg. 
(EC) No 1279/2007 
30.10.2007 

L 198 
31.07.2007 
p. 4 

L 285 
31.10.2007 
p. 1 

EN 

71 

   EN

 
 
 
 
ANNEX G 

Interim reviews initiated or concluded 

during the period 1 January – 31 December 2007 

(chronological by date of publication) 

Initiated 

Product 

Country of origin 

OJ Reference 

Urea 

Grain oriented flat-rolled 
products of silicon-electrical 
steel (GOES) 

Russia 

Russia 

Plastic sacks and bags 

P.R. China 

Tartaric acid 

P.R. China 

CD-Rs (recordable compact 
disks) (AD) 

Taiwan 

CD-Rs (recordable compact 
disks) (AS) 

India 

Steel ropes and cables 

Thailand 

Salmon 

Trout 

Norway 

Norway 

Seamless pipes and tubes 

Russia 

Hand pallet trucks and their 
essential parts 

P.R. China 

C 23 
01.02.2007 
p. 8 

C 39 
23.02.2007 
p. 26 

C 54 
09.03.2007 
p. 5 

C 63 
17.03.2007 
p. 2 

C 66 
22.03.2007 
p. 16 

C 66 
22.03.2007 
p. 16 

C 66 
22.03.2007 
p. 14 

C 88 
21.04.2007 
p. 26 

C 109 
15.05.2007 
p. 23 

C 138 
22.06.2007 
p. 37 

C 184 
07.08.2007 
p. 11 

EN 

72 

   EN

 
 
 
 
 
 
 
 
 
 
 
 
 
Polyester staple fibres 

Belarus 
P.R. China 
Korea (Rep. of) 
Saudi Arabia 

Polyester textured filament 
yarn (AS) 

India 

Antibiotics (AS) 

India 

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

Turkey 

PET (AS) 

India 

Sulphanilic acid (AS) 

India 

Bed linen (AS) 

Graphite electrode systems 
(AS) 

PET film (AS) 

India 

India 

India 

Hand pallet trucks 

P.R. China 

C 202 
30.08.2007 
p. 4 

C 210 
08.09.2007 
p. 5 

C 212 
11.09.2007 
p. 10 

C 226 
26.09.2007 
p. 12 

C 227 
27.09.2007 
p. 16 

C 229 
29.09.2007 
p. 9 

C 230 
02.10.2007 
p. 5 

C 230 
02.10.2007 
p. 9 

C 240 
12.10.2007 
p. 6 

C 308 
19.12.2007 
p. 15 

Concluded : confirmation/amendment of duty 

Product 

Country of origin  Regulation/ Decision 

OJ Reference 

Polyethylene terephthalate 
(PET) 

Korea (Rep. of) 
Taiwan 

Polyethylene terephthalate 
(PET) film (AS) 

India 

No 

Council Reg. 
(EC) No 192/2007 
22.02.2007 

Council Reg. 
(EC) No 1124/2007 
28.09.2007 

L 59 
27.02.2007 
p. 1 

L 255 
29.09.2007 
p. 1 

EN 

73 

   EN

 
 
 
 
 
 
 
 
 
 
 
 
 
Steel ropes and cables 

Russia 

Council Reg. 
(EC) No 1279/2007 
30.10.2007 

L 285 
31.10.2007 
p. 1 

Concluded by termination of review/confirmation of duty 

Product 

Country of origin  Regulation/ Decision 

OJ Reference 

Polyester staple fibres 

Hand pallet trucks and their 
essential parts 

Belarus 
P.R. China 
Saudi Arabia 
Korea (Rep. of) 

P.R. China 

PET film 

India 

Lamps 

P.R. China 

No 

Council Reg. 
(EC) No 383/2007 
04.04.2007 

Council Reg. 
(EC) No 452/2007 
23.04.2007 

Council Reg. 
(EC) No 1292/2007 
30.10.2007 

Council Reg. 
(EC) No 1419/2007 
29.11.2007 

L 96 
11.04.2007 
p. 1 

L 109 
26.04.2007 
p. 8 

L 288 
06.11.2007 
p. 1 

L 317 
05.12.2007 
p. 1 

Concluded : termination of measures 

Product 

Country of origin  Regulation/ Decision 

OJ Reference 

Urea (2 reviews) 

Russia 

Television camera systems 

Japan 

Steel ropes and cables 

Turkey 

Steel ropes and cables 

Thailand 

Compact disk recordables 

Taiwan 

Compact disk recordables 
(AS) 

India 

No 

Council Reg. 
(EC) No 907/2007 
23.07.2007 

Council Reg. 
(EC) No 906/2007 
23.07.2007 

Council Reg. 
(EC) No 1279/2007 
30.10.2007 

Council Reg. 
(EC) No 1279/2007 
30.10.2007 

Council Reg. 
(EC) No 1293/2007 
30.10.2007 

Council Reg. 
(EC) No 1293/2007 

L 198 
31.07.2007 
p. 4 

L 198 
31.07.2007 
p. 1 

L 285 
31.10.2007 
p. 1 

L 285 
31.10.2007 
p. 1 

L 288 
06.11.2007 
p. 17 

L 288 
06.11.2007 

EN 

74 

   EN

 
 
 
Polyester textured filament 
yarn (PTY) (AS) 

India 

30.10.2007 

Termination of review 
together with the 
expiry of the 
measures 

p. 17 

C 280 
23.11.2007 
p. 18 

EN 

75 

   EN

 
 
ANNEX H 

Other reviews concluded 

during the period 1 January – 31 December 2007 

(chronological by date of publication) 

Concluded : confirmation/amendment of duty 

Product 

Country of origin  Regulation/ Decision 

OJ Reference 

Ferro molybdenum26 

P.R. China 

Cotton-type bed linen27 

Pakistan 

No 

Council Regulation 
(EC) No 856/2007 
16.07.2007 

Council Regulation 
(EC) No 925/2007 
23.07.2007 

Silicon28 

Russia 

Commission Notice 

Plastic sacks and bags29 

Silico-manganese30 

P.R. China 
Thailand 

China 
Kazakhstan 

Steel ropes and cables31 

South Africa 

Council Regulation 
(EC) No 1356/2007 
19.11.2007 

Commission Decision 
No 2007/789/EC 
04.12.2007 

Council Reg. 
(EC) No 1459/2007 
10.12.2007 

L 190 
21.07.2007 
p. 1 

L 202 
03.08.2007 
p. 1 

C 188 
11.08.2007 
p. 5 

L 304 
22.11.2007 
p. 5 

L 317 
05.12.2007 
p. 79 

L 326 
12.12.2007 
p. 18 

26 
27 
28 

29 
30 
31 

Extension of the suspension of the measures 
New exporter request in sampling case 
Notice  following  Judgment  of  the  Court  of  First  Instance  of  the  European  Communities 
thereby making certain companies no longer subject to the anti-dumping measures nor bound 
to the undertaking 
New exporter request in sampling case 
Suspension of the definitive measures 
Amendment following breach of undertaking 

EN 

76 

   EN

 
                                                 
ANNEX I 

New exporter reviews initiated or concluded 

during the period 1 January – 31 December 2007 

(chronological by date of publication) 

A. 

Anti-dumping investigations 

Initiated 

Product 

Country of origin  Regulation/Decision 

OJ Reference 

Tartaric acid 

P.R. China 

Magnesia bricks 

P.R. China 

No 

Commission Reg. 
(EC) No 1406/2007 
29.11.2007 

Commission Reg. 
(EC) No 1536/2007 
20.12.2007 

L 312 
30.11.2007 
p. 12 

L 337 
21.12.2007 
p. 42 

Concluded : imposition/amendment of duty 

Product 

Country of origin  Regulation/ Decision 

OJ Reference 

None 

- 

No 

- 

- 

Concluded : termination of the review / confirmation of duty 

Product 

Country of origin  Regulation/ Decision 

OJ Reference 

None 

- 

No 

- 

- 

EN 

77 

   EN

 
 
 
 
 
B. 

Anti-subsidy investigations ("accelerated" investigations) 

Initiated 

Product 

Country of origin  Regulation/Decision 

OJ Reference 

No (if applicable) 

None 

- 

- 

- 

Concluded : imposition/amendment of duty 

Product 

Country of origin Regulation/ Decision 

OJ Reference 

None 

- 

No 

- 

- 

Concluded : termination 

Product 

Country of origin  Regulation/ Decision 

OJ Reference 

None 

- 

No 

- 

- 

EN 

78 

   EN

 
 
 
 
ANNEX J 

Anti-absorption investigations initiated or concluded 

during the period 1 January – 31 December 2007 

(chronological by date of publication) 

Initiated 

Product 

Country of origin 

OJ Reference 

None 

- 

- 

Concluded with increase of duty 

Product 

Country of origin  Regulation/ Decision 

OJ Reference 

Finished polyester filament 
fabrics 

P.R. China 

No 

Council Reg. 
(EC) No 1087/2007 
18.09.2007 

L 246 
21.09.2007 
p. 1 

Concluded without increase of duty / termination 

Product 

Country of 
origin 

Regulation/ 
Decision No 

OJ Reference 

None 

- 

- 

- 

EN 

79 

   EN

 
 
 
 
 
 
ANNEX K 

Anti-circumvention investigations initiated or concluded 

during the period 1 January – 31 December 2007 

(chronological by date of publication) 

Initiated 

Product 

Country of origin  Regulation/ Decision 

OJ Reference 

No 

Graphite electrode systems 
(AD) 

India 
(artificial graphite 
from India) 

Commission Reg. 
(EC) No 216/2007 
28.02.2007 

Graphite electrode systems 
(AS) 

India 
(artificial graphite 
from India) 

Commission Reg. 
(EC) No 217/2007 
28.02.2007 

Footwear with uppers of 
leather 

P.R. China  
(Macau SAR) 

Ring binder mechanisms 

P.R. China 
(Thailand + slighly 
modified RBMs 
from China) 

Commission Reg. 
(EC) No 1028/2007 
05.09.2007 

Commission Reg. 
(EC) No 1434/2007 
05.12.2007 

L 62 
01.03.2007 
p. 16 

L 62 
01.03.2007 
p. 19 

L 234 
06.09.2007 
p. 3 

L 320 
06.12.2007 
p. 23 

Concluded with extension of duty 

Product 

Silicon 

Country of 
consignment 

P.R. China 
(Rep. of Korea) 

Regulation No 

OJ Reference 

Council Reg. 
(EC) No 42/2007 
15.01.2007 

L 13 
19.01.2007 
p. 1 

EN 

80 

   EN

 
 
 
Concluded without extension of duty / termination 

Product 

Country of 
consignment 

Regulation No 

OJ Reference 

Graphite electrode systems 
(AS) 

India 

Graphite electrode systems 

India 

Commission Reg. 
(EC) No 1228/2007 
19.10.2007 

Commission Reg. 
(EC) No 1229/2007 
19.10.2007 

L 277 
20.10.2007 
p. 15 

L 277 
20.10.2007 
p. 18 

Exemptions granted and/or rejected 

Product 

Country of 
consignment 

Regulation No 

OJ Reference 

None 

- 

- 

- 

EN 

81 

   EN

 
 
 
ANNEX L 

Safeguard investigations initiated and concluded 

during the period 1 January – 31 December 2007  

(chronological by date of publication) 

New investigations initiated 

Product 

Country of origin 

OJ Reference 

None 

- 

- 

New investigations terminated without imposition of measures 

Product 

Country of origin  Regulation/ Decision 

OJ Reference 

None 

- 

No 

- 

- 

Issue of licences 

Product 

Country of origin  Regulation/ Decision 

OJ Reference 

Citrus fruits 

P.R. China 

No 

Commission Reg. 
(EC) No 269/2007 
14.03.2007 

L 75 
15.03.2007 
p. 6 

Safeguard measures which expired 

Product 

Country of origin 

Citrus fruits 

P.R. China 

Date of expiry 

08.11.2007 

EN 

82 

   EN

 
 
 
 
 
 
 
 
 
ANNEX M 

Undertakings accepted or repealed 

during the period 1 January – 31 December 2007 

(chronological by date of publication) 

Undertakings accepted 

Product 

Country of 
origin 

Regulation N°  OJ Reference 

Sweet 
corn 
preserved in kernels) 

(prepared  or 

Thailand 

Commission Dec. 
No 2007/424/EC 
18.06.2007 

Ferro-silicon 

Former Yugoslav 
Republic of 
Macedonia 

Commission Reg. 
(EC) No 994/2007 
28.08.2007 

L 159 
20.06.2007 
p. 42 

L 223 
29.08.2007 
p. 1 

Undertakings withdrawn or repealed 

Product 

Country of 
origin 

Regulation N°  OJ Reference 

Magnesia bricks 

P.R. China 

Steel ropes and cables 

Silicon 

Russia 
Thailand 

Russia 

Steel ropes and cables 

South Africa 

Commission Dec. 
No 2007/440/EC 
25.06.2007 

Commission Dec. 
No 2007/704/EC 
30.10.2007 

L 164 
26.06.2007 
p. 32 

L 285 
31.10.2007 
p. 52 

Notice No 2007/C 
188/05 

C 188 11.8.2007 
p. 52 

Commission Dec. 
No 2007/814/EC 
13.11.2007 

L 326 
12.12.2007 
p. 25 

Undertakings which expired/lapsed 

Product 

Country of 
origin 

Original measure(s) 
& OJ Reference 

OJ Reference 

EN 

83 

   EN

 
 
 
 
Seamless  pipes  and  tubes  of 
iron or steel 

Romania 

Commission Dec. 
No 2006/441/EC 
23.06.2006 
corrected by L 242, 
05.09.2006, p. 5 

Automatic expiry 
following 
enlargement on 
01.01.2007 

EN 

84 

   EN

 
 
EN 

85 

   EN

 
  
ANNEX N 

Measures which expired / lapsed 

during the period 1 January – 31 December 2007 

(chronological by date of publication) 

A. 

Anti-dumping investigations (chronological by date of publication) 

Product 

Country of 
origin 

Urea 

Bulgaria 
Romania 

Seamless pipes and tubes of 
iron or steel 

Romania 

Zinc oxides 

P.R. China 
Vietnam 

Publication 

Automatic expiry 
following 
enlargement on 
01.01.2007 

Automatic expiry 
following 
enlargement on 
01.01.2007 

C 47 
01.03.2007 
p. 12 

Original measure 
&  
OJ Reference 

Council Reg. 
(EC) No 92/2002 
17.01.2002 

Council Reg. 
(EC) No 954/2006 
27.06.2006 

Council Reg. 
(EC) No 408/2002 
(OJ L 62, 05.03.2002, 
p. 7) extended to 
imports of zinc oxides 
originating in 
Vietnam and to 
imports of zinc oxides 
mixed with silica 
originating in P.R. 
China 

Zinc oxides mixed with silica   P.R. China 

See above 

Ring binder mechanisms 

Indonesia 

Compact disk recordables 
(CD-Rs) 

Taiwan 

Council Reg. 
(EC) No 976/2002 
(OJ L 150, 
08.06.2002, p. 1) 

Council Reg. 
(EC) No 1050/2002 
(OJ L 160, 
18.06.2002, p. 2) 

C 123 
05.06.2007 
p. 6 

C 130 
12.06.2007 
p. 17 

EN 

86 

   EN

 
 
Tube and pipe fittings, of iron 
or steel 

Russia 

Council Reg. 
(EC) No 1514/2002 
(OJ L 228, 
24.08.2002, p. 1) 

Colour television receivers 

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

Council Reg. 
(EC) No 1531/2002 
(OJ L 231, 
29.08.2002, p. 1) 

Polyester staple fibres 

Belarus 

Council Reg. 
(EC) No 1799/2002 
(OJ L 274, 
11.10.2002, p. 1) 

C 190 
15.08.2007 
p. 8 

C 201 
29.08.2007 
p. 20 

C 238 
10.10.2007 
p. 21 

Polyester filament tow 

Belarus 

See above 

Polyester textured filament 
yarn (PTY) 

India 

Council Reg. 
(EC) 2093/2002 
(OJ L 323, 
28.11.2002, p. 1) 

C 280 
23.11.2007 
p. 18 

B. 

Anti-subsidy investigations (chronological by date of publication) 

Product 

Country of 
origin 

Ring binder mechanisms 

Indonesia 

Polyester textured filament 
yarn (PTY) 

India 

Original measure 
&  
OJ Reference 

Council Reg. 
(EC) No 977/2002 
(OJ L 150, 
08.06.2002, p. 17) 

Council Reg. 
(EC) 2094/2002 
(OJ L 323, 
28.11.2002, p. 21) 

Publication 

C 123 
05.06.2007 
p. 6 

C 280 
23.11.2007 
p. 18 

EN 

87 

   EN

 
 
 
 
 
ANNEX O 

Definitive anti-dumping measures in force on 31 December 2007 

A. Ranked by product (alphabetical) 

Product 

Origin 

Measure 

Regulation N° 

Publication 

Ammonium nitrate  

Russia 

Duties 

Ukraine 

Barium carbonate 

P.R. China 

Duties 
(2 years) 

Duties 

Bed linen (cotton-type) 

Pakistan 

Duties 

Bicycles 

P.R. China 

Duties 

Vietnam 

Duties 

Bicycle parts (extension to 
bicycles) 

P.R. China 

Duties 

Council Reg. 
(EC) No 658/2002 
15.04.2002 
as last amended by 
Council Reg. 
(EC) No 945/2005 
21.06.2005 
Council Reg. 
(EC) No 442/2007 
19.04.2007  
Council Reg. 
(EC) No 1175/2005 
18.07.2005 
corrected by 
L 181, 04.07.2006,  
p. 111 
Council Reg. 
(EC) No 397/2004 
02.03.2004 
as last amended by 
Council Reg. 
(EC) No 925/2007 
03.08.2007 
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 
Council Reg.  
(EC) No 1095/2005 
12.07.2005 
Council Reg. 
(EC) No 1095/2005 
12.07.2005 
Council Reg. 
(EC) No 71/97 
10.01.97 

L 102 
18.04.2002 
p. 1 

L 160 
23.06.2005 
p. 1 
L 106 
24.04.2007 
p. 1 
L 189 
21.07.2005 
p. 15 

L 66 
04.03.2004 
p. 1 

L 202 
03.08.2007 
p. 1 
L 175 
14.07.2000 
p. 39 

L 16 
18.01.97 
p. 1 

L 183 
14.07.2005 
p. 1 
L 183 
14.07.2005 
p. 1 
L 16 
18.01.97 
p. 1 

EN 

88 

   EN

 
 
 
 
 
 
 
 
Castings 

P.R. China 

Duties 

Undertakings 

Chamois leather 

P.R. China 

Duties 

Coumarin 

Duties 

P.R. China 
India (ext.) 
Thailand (ext.) 
Indonesia (ext.) 
Malaysia (ext.) 

India 

Undertaking 

Dicyandiamide 

P.R. China 

Duties 

Ethanolamines 

USA 

Ferro molybdenum 

P.R. China 

EN 

Duties  
(2 years) 

Duties 
(suspended 
until 

89 

Council Reg. 
(EC) No 1212/2005 
25.07.2005 
as last amended by 
Council Reg. 
(EC) No 268/2006 
14.02.2006 

Commission Dec. 
No 2006/109/EC 
19.01.2006 
corrected by L 95, 
04.04.2006, p. 12 
Council Reg. 
(EC) No 1338/2006 
08.09.2006 
Council Reg. 
(EC) No 769/2002 
07.05.2002 
as last amended by 
Council Reg. 
(EC) No 1854/2003 
20.10.2003 
and extended as 
concerns China to 
imports consigned 
from India and 
Thailand by 
Council Reg. 
(EC) No 2272/2004 
22.12.2004 
and extended as 
concerns China to 
imports consigned 
from Indonesia and 
Malaysia by  
Council Reg. 
(EC) No 1650/2006 
07.11.2006 

Commission Dec. 
No 2005/3/EC 
03.01.2005 
Council Reg. 
(EC) No 1331/2007 
13.11.2007 
Council Reg. 
(EC) No 1583/2006 
23.10.2006 
Council Reg. 
(EC) No 215/2002 
28.01.2002 

L 199 
29.07.2005 
p. 1 

L 47 
17.02.2006 
p. 3 

L 47 
17.02.2006 
p. 59 

L 251 
14.09.2006 
p. 1 
L 123 
09.05.2002 
p. 1 

L 272 
23.10.2003 
p. 1 

L 396 
31.12.2004 
p. 18 

L 311 
10.11.2006 
p. 1 

L 1 
04.01.2005 
p. 15 
L 296 
15.11.2007 
p. 1 
L 294 
25.10.2006 
p. 2 
L 35 
06.02.2002 
p. 1 

   EN

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
31.01.2008) 

EN 

90 

   EN

 
Footwear with uppers of 
leather 

Furfuraldehyde 

P.R. China 
Vietnam 

P.R. China 

Duties 
(2 years) 

Duties 

Furfuryl alcohol 

P.R. China 

Duties 

Glyphosate 

P.R. China 
Malaysia (ext) 
Taiwan (ext) 

Grain oriented flat-rolled 
products of silicon-electrical 
steel (small + big) 

Russia 
USA 

Russia 
USA 

Granular polytetrafluoro-
ethylene (PTFE) 

P.R. China 
Russia 

Graphite electrode systems 

India 

Duties 

Duties 

Undertakings 

Duties 

Duties 

Hand pallet trucks and their 
essential parts 

P.R. China 

Duties 

Ironing boards 

Lamps (integrated electronic 
compact fluorescent) 

Lever arch mechanisms 

P.R. China 
Ukraine 

P.R. China 
Pakistan (ext.) 
Philippines (ext.) 
Vietnam (ext.) 
P.R. China 

Lighters (non-refillable and 
refillable) 

P.R. China 
Taiwan 

Duties 

Duties 
(1 year) 

Duties 

Duties 

Magnesia (deadburned) 

P.R. China 

Duties 

Magnesia bricks 

P.R. China 

Duties 

Magnesium oxide (caustic 

P.R. China 

Duties 

Council Reg. 
(EC) No 1472/2006 
05.10.2006 
Council Reg. 
(EC) No 639/2005 
25.04.2005 
Council Reg. 
(EC) No 1905/2003 
27.10.2003 
Council Reg. 
(EC) No 1683/2004 
24.09.2004 extended 
to such imports 
consigned from 
Malaysia & Taiwan  
Council Reg. 
(EC) No 1371/2005 
19.07.2005 

Commission Dec. 
No 2005/622/EC 
05.08.2005 
Council Reg. 
(EC) No 1987/2005 
02.12.2005 
Council Reg. 
(EC) No 1629/2004 
13.09.2004 
Council Reg. 
(EC) No 1174/2005 
18.07.2005 
Council Reg. 
(EC) No 452/2007 
23.04.2007 
Council Reg. 
(EC) No 1205/2007 
15.10.2007 

Council Reg. 
(EC) No 1136/2006 
24.07.2006 
Council Reg. 
(EC) No 1458/2007 
12.12.2007 
Council Reg. 
(EC) No 716/2006 
05.05.2006 
Council Reg. 
(EC) No 1659/2005 
06.10.2005 
Council Reg. 

L 275 
06.10.2006 
p. 1 
L 107 
28.04.2005 
p. 1 
L 283 
31.10.2003 
p. 1 
L 303 
30.09.2004 
p. 1 

L 223 
27.08.2005 
p. 1 

L 223 
27.08.2005 
p. 42 
L 320 
08.12.2005 
p. 1 
L 295 
18.09.2004 
p. 10 
L 189 
21.07.2005 
p. 1 
L 109 
26.04.2007 
p. 12 
L 272 
17.10.2007 
p. 1 

L 205 
27.07.2006 
p. 1 
L 326 
12.12.2007 
p. 1 
L 125 
12.05.2006 
p. 1 
L 267 
12.10.2005 
p. 1 
L 131 

EN 

91 

   EN

 
 
 
 
 
 
 
 
 
magnesite) 

(EC) No 778/2005 
25.05.2005 

25.05.2005 
p. 1 

EN 

92 

   EN

 
Okoumé plywood 

P.R. China 

Duties 

Para-cresol 

P.R. China 

Duties 

Peroxosulphates 

Plastic sacks and bags 

P.R. China 
Taiwan 
USA 
P.R. China 
Thailand 

Duties 

Duties 

Polyester filament fabrics 
(finished) 

P.R. China 

Duties 

PET (polyethylene 
terephthalate) 

India 
Indonesia 
Korea (Rep. of) 
Malaysia 
Taiwan 
Thailand 

India 
Indonesia 
Australia 
P.R. China 

Duties 

Undertakings 

Duties 

Australia 

Undertakings 

Council Reg. 
(EC) No 1942/2004 
02.11.2004 
Council Reg. 
(EC) No 1656/2003 
11.09.2003 
Council Reg. 
(EC) No 1184/2007 
09.10.2007 
Council Reg. 
(EC) No 1425/2006 
25.09.2006 
corrected by 
L 49, 18.02.2007,  
p. 36 and by 
L 233, 05.09.2007,  
p. 7 
as last amended by 
Council Regulation 
(EC) No 1356/2007 
19.11.2007 
Council Reg. 
(EC) No 1487/2005 
12.09.2005 
as last amended by 
Council Reg. 
(EC) No 1087/2007 
18.09.2007 
Council Reg. 
(EC) No 192/2007 
22.02.2007 
corrected by 
L 215, 18.08.2007, p. 
27 

L 336 
12.11.2004 
p. 4 
L 234 
20.09.2003 
p. 1 
L 265 
11.10.2007 
p. 1 
L 270 
29.09.2006 
p. 4 

L 304 
22.11.2007 
p. 5 
L 240 
16.09.2005 
p. 1 

L 246 
21.09.2007 
p. 1 
L 59 
27.02.2007 
p. 1 

Council Reg. 
(EC) No 1467/2004 
13.08.2004 
as last amended by 
Council Reg. 
(EC) No 2167/2005 
20.12.2005 

Commission Dec. 
No 2004/600/EC 
04.08.2004 

L 271 
19.08.2004 
p. 1 

L 345 
28.12.2005 
p. 11 

L 271 
19.08.2004 
p. 38 

EN 

93 

   EN

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
PET (polyethylene 
terephthalate) film 

India 
Brazil (ext.) 
Israel (ext.) 

Duties 

Polyester staple fibres 

Korea (Rep. of) 

Duties 

P.R. China 
Saudi Arabia 

Duties 

Potassium chloride 

Belarus 
Russia  

Duties 

Russia 

Undertakings 

Powdered activated carbon 

P.R. China 

Duties 

Refrigerators (side-by-side) 

Korea (Rep. of) 

Duties 

Ring binder mechanisms 

P.R. China 
Vietnam (ext.) 
Laos (ext.) 

Duties 
(4 years) 

Council Reg. 
(EC) No 1292/2007 
30.10.2007 
and extended to 
imports consigned 
from Brazil and from 
Israel by the same 
Regulation 
Council Reg. 
(EC) No 2852/2000 
22.12.2000 
as last amended by 
Council Reg. 
(EC) No 428/2005 
17.03.2005 
Council Reg. 
(EC) No 428/2005 
10.03.2005 
as last amended by 
Council Reg. 
(EC) No 1333/2005 
09.08.2005 
Council Reg. 
(EC) No 1050/2006 
11.07.2006 

Commission Dec. 
No 2005/802/EC 
17.10.2005 
as last amendec by 
Commission Dec. 
No 2006/557/EC 
08.08.2006 
Council Reg. 
(EC) No 1011/2002 
10.06.2002 
as last amended by 
Council Reg. 
(EC) No 931/2003 
26.05.2003 
Council Reg. 
(EC) No 1289/2006 
25.08.2006 
Council Reg. 
(EC) No 2074/2004 
29.11.2004 
extended to imports 
from Vietnam 
by Council Reg. 
(EC) No 1208/2004 
28.06.2004 
and extended to 

L 288 
06.11.2007 
p. 1 

L 332 
28.12.2000 
p. 17 

L 71 
17.03.2005 
p. 1 
L 71 
17.03.2005 
p. 1 

L 211 
13.08.2005 
p. 1 
L 191 
12.07.2006 
p. 1 

L 302 
19.11.2005 
p. 79 

L 218 
09.08.2006 
p. 22 
L 155 
14.06.2002 
p. 1 

L 133 
29.05.2003 
p. 36 
L 236 
31.08.2006 
p. 11 
L 359 
04.12.2004 
p. 11 

L 232 
01.07.2004 
p. 1 

EN 

94 

   EN

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
imports from Laos  
by Council Reg. 
(EC) No 33/2006 
09.01.2006 

L 7 
12.01.2006 
p. 1 

EN 

95 

   EN

 
 
P.R. China 

Duties 

Saddles 

Salmon 

Seamless pipes and tubes of 
iron or steel 

Silico-manganese 

Norway 

Croatia  
Russia 
Ukraine 
P.R. China 
Kazakhstan 

Silicon carbide 

P.R. China 

Silicon 

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

Duties 

Duties 

Duties 
(suspended 
until 
06.09.2008) 
Duties 

Duties 

Russia 

Duties 

Undertakings 

Duties 

Duties 

Sodium cyclamate 

Stainless steel fasteners and 
parts thereof 

P.R. China 
Indonesia 

P.R. China 
Indonesia 
Taiwan 
Thailand 
Vietnam 

Council Reg. 
(EC) No 691/2007 
18.06.2007 
Council Reg. 
(EC) No 85/2006 
17.01.2006 
Council Reg. 
(EC) No 954/2006 
27.06.2006 
Council Reg. 
(EC) No 1420/2007 
04.12.2007 

Council Reg. 
(EC) No 1264/2006 
21.08.2006 
Council Reg. 
(EC) No 398/2004 
02.03.2004 
extended to imports of 
silicon consigned 
from the Republic of 
Korea by 
Council Reg. 
(EC) No 42/2007 
15.01.2007 
Council Reg. 
(EC) No 2229/2003 
22.12.2003 
as last amended by 
Council Reg. 
(EC) No 821/2004 
26.04.2004 
which has been 
subject to a 
corrigendum 

Commission Dec. 
No 2004/445/EC 
13.04.2004 
Council Reg. 
(EC) No 435/2004 
08.03.2004 
Council Reg. 
(EC) No 1890/2005 
14.11.2005 
corrected by L 256, 
02.10.2007, p. 31 

L 160 
21.06.2007 
p. 1 
L 15 
20.01.2006 
p. 1 
L 175 
29.06.2006 
p. 4 
L 317 
05.12.2007 
p. 5 

L 232 
25.08.2006 
p. 1 
L 66 
04.03.2004 
p. 15 

L 13 
19.01.2007 
p. 1 
L 339 
24.12.2003 
p. 3 

L 127 
29.04.2004 
p. 1 

L 361 
08.12.2004 
p. 54 

L 127 
29.04.2004 
p. 114 
L 72 
11.03.2004 
p. 1 
L 302 
19.11.2005 
p. 1 

EN 

96 

   EN

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Steel ropes and cables 

Duties 

P.R. China  
India 
South Africa 
Ukraine 
Moldova (ext.) 
Morocco (ext.) 

Russia 

Duties  

Strawberries (frozen) 

P.R. China 

Duties 

Sulphanilic acid 

P.R. China 
India 

Duties 

India 

Undertakings 

Sweet corn (prepared or 
preserved, in kernels) 

Thailand 

Duties 

Council Reg. 
(EC) No 1858/2005 
08.11.2005 
as last amended by 
Council Reg. 
(EC) No 1459/2007 
10.12.2007 
extended as concerns 
Ukraine to such 
imports consigned 
from Moldova by 
Council Reg. 
(EC) No 760/2004 
22.04.2004 
and extended as 
concerns China to 
such imports 
consigned from 
Morocco by 
Council Reg. 
(EC) No 1886/2004 
25.10.2004 
Council Reg. 
(EC) No 1279/2007 
30.10.2007 
Council Reg. 
(EC) No 407/2007 
16.04.2007 
Council Reg. 
(EC) No 1339/2002 
22.07.2002 
as last amended by 
Council Reg. 
(EC) No 123/2006 
23.01.2006 

Commission Dec. 
No 2006/37/EC 
05.12.2005 
Council Reg. 
(EC) No 682/3007 
18.06.2007 
corrected by 
L 252 of 27.09.2007, 
p. 7 

L 299 
16.11.2005 
p. 1 

L 326 
12.12.2007 
p. 18 

L 120 
24.04.2004 
p. 1 

L 328 
30.10.2004 
p. 1 
L 285 
31.10.2007 
p. 1 
L 100 
17.04.2007 
p. 1 
L 196 
25.07.2002 
p. 11 

L 22 
26.01.2006 
p. 5 

L 22 
26.01.2006 
p. 52 
L 159 
20.06.2007 
p. 14 

Synthetic fibre ropes 

India 

Duties 

Undertakings 

Commission Dec. 
No 2007/424/EC 
18.06.2007 
Council Reg. 
(EC) No 1736/2004 
08.10.2004 

L 159 
20.06.2007 
p. 42 
L 311 
08.10.2004 
p. 1 

EN 

97 

   EN

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Tartaric acid 

P.R. China 

Duties 

Trichloroisocyanuric acid 

Trout (large rainbow) 

P.R. China 
USA 

Norway 
Faeroe Islands 

Duties 

Duties 

Tube and pipe fitting, of iron 
or steel 

Faeroe Islands 

Undertakings 

Duties 

P.R. China 
Thailand 
Taiwan (ext.) 
Indonesia (ext.) 
Sri Lanka (ext.) 
Philippines (ext.) 

Korea (Rep. of) 
Malaysia  

Duties 

Tungsten carbide and fused 
tungsten carbide 

P.R. China 

Duties 

Council Reg. 
(EC) No 130/2006 
23.01.2006 
Council Reg. 
(EC) No 1631/2005 
03.10.2005 
Council Reg. 
(EC) No 437/2004 
08.03.2004 

Commission Reg. 
(EC) No 117/2004 
23.01.2004 
Council Reg. 
(EC) No 964/2003 
02.06.2003  
as last amended by 
Council Reg. 
(EC) No 1496/2004 
18.08.2004 
and extended as 
concerns China to 
imports consigned 
from Indonesia by 
Council Reg.  
(EC) 2052/2004 
22.11.2004 
and to imports 
consigned from Sri 
Lanka by 
Council Reg. 
(EC) No 2053/2004 
22.11.2004 
and to imports 
consigned from the 
Philippines by 
Council Reg. 
(EC) No 655/2006 
27.04.2006 
Council Reg. 
(EC) No 1514/2002 
19.08.2002 
as last amended by 
Council Reg. 
(EC) No 778/2003 
06.05.2003 
Council Reg. 
(EC) No 2268/2004 
22.12.2004 
as last amended by 
Council Reg. 
(EC) No 1275/2005 

L 23 
27.01.2006 
p. 1 
L 261 
07.10.2005 
p. 1 
L 72 
11.03.2004 
p. 23 

L 17 
24.01.2004 
p. 4 
L 139 
06.06.2003 
p. 1 

L 275 
25.08.2004 
p. 1 

L 355 
01.12.2004 
p. 4 

L 355 
01.12.2004 
p. 9 

L 116 
29.04.2006 
p. 1 
L 228 
24.08.2002 
p. 1 

L 114 
08.05.2003 
p. 1 
L 395 
31.12.2004 
p. 56 

L 202 
03.08.2005 

EN 

98 

   EN

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
25.07.2005 

p. 1 

EN 

99 

   EN

 
Tungsten electrodes 

P.R. China 

Duties 

Urea 

Urea and ammonium nitrate 
solutions 

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

Belarus  
Croatia 
Libya  
Ukraine 

Algeria 
Belarus  
Russia 
Ukraine 

Algeria 

Thailand 
Turkey 
Ukraine 

Duties 

Duties 

Undertakings 

Duties 

Council Reg. 
(EC) No 260/2007 
09.03.2007 
Council Reg. 
(EC) No 92/2002 
17.01.2002 
as last amended by 
Council Reg. 
(EC) No 73/2006 
13.01.2006 
Council Reg. 
(EC) No 1911/2006 
19.12.2006 

Commission Reg. 
(EC) No 617/2000 
16.03.2000 
Council Reg. 
(EC) No 1697/2002 
23.09.2002 

L 72 
13.03.2007 
p. 1 
L 17 
19.01.2002 
p. 1 

L 12 
18.01.2006 
p. 1 
L 365 
21.12.2006 
p. 26 

L 75 
24.03.2000 
p. 3 
L 259 
27.09.2002 
p. 8 

B. Ranked by country (alphabetical) 

Origin 

Product 

Measure 

Regulation N° 

Publication 

Algeria 

Urea and ammonium nitrate 
solutions 

Duties 

Australia 

Polyethylene terephthalate 

Duties 

Undertakings 

Belarus 

Potassium chloride 

Urea and ammonium nitrate 
solutions 

Undertakings 

Duties 

Duties 

Council Reg. 
(EC) No 1911/2006 
19.12.2006 

Commission Reg. 
(EC) No 617/2000 
16.03.2000 
Council Reg. 
(EC) No 1467/2004 
13.08.2004 
as last amended by 
Council Reg. 
(EC) No 2167/2005 
20.12.2005 

Commission Dec. 
No 2004/600/EC 
04.08.2004 
Council Reg. 
(EC) No 1050/2006 
11.07.2006 
Council Reg. 
(EC) No 1911/2006 
19.12.2006 

L 365 
21.12.2006 
p. 26 

L 75 
24.03.2000 
p. 3 
L 271 
19.08.2004 
p. 1 

L 345 
28.12.2005 
p. 11 

L 271 
19.08.2004 
p. 38 
L 191 
12.07.2006 
p. 1 
L 365 
21.12.2006 
p. 26 

EN 

100 

   EN

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Urea 

Duties 

Brazil 

PET (polyethylene 
terephthalate) film (ext.) 

Duties 

P.R. China 

Barium carbonate 

Duties 

Bicycles 

Duties 

Bicycle parts 

Castings 

Duties 

Duties 

Undertakings 

Council Reg. 
(EC) No 92/2002 
17.01.2002 
as last amended by 
Council Reg. 
(EC) No 73/2006 
13.01.2006 
Council Reg. 
(EC) No 1292/2007 
30.10.2007 
and extended to 
imports consigned 
from Brazil and from 
Israel by the same 
Regulation 
Council Reg. 
(EC) No 1175/2005 
18.07.2005 
corrected by 
L 181, 04.07.2006,  
p. 111 
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 
Council Reg.  
(EC) No 1095/2005 
12.07.2005 
Council Reg. 
(EC) No 71/97 
10.01.97 
Council Reg. 
(EC) No 1212/2005 
25.07.2005 
as last amended by 
Council Reg. 
(EC) No 268/2006 
14.02.2006 

Commission Dec. 
No 2006/109/EC 
19.01.2006 
corrected by L 95, 
04.04.2006, p. 12 

L 17 
19.01.2002 
p. 1 

L 12 
18.01.2006 
p. 1 
L 288 
06.11.2007 
p. 1 

L 189 
21.07.2005 
p. 15 

L 175 
14.07.2000 
p. 39 

L 16 
18.01.97 
p. 1 

L 183 
14.07.2005 
p. 1 
L 16 
18.01.97 
p. 1 
L 199 
29.07.2005 
p. 1 

L 47 
17.02.2006 
p. 3 

L 47 
17.02.2006 
p. 59 

EN 

101 

   EN

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Chamois leather 

Coumarin 

Duties 

Duties 

Dicyandiamide 

Duties 

Ferro molybdenum 

Footwear with uppers of 
leather 

Furfuraldehyde 

Furfuryl alcohol 

Glyphosate 

Duties 
(suspended 
until 
31.01.2008) 
Duties 
(2 years) 

Duties 

Duties 

Duties 

Granular polytetrafluoro-
ethylene (PTFE) 

Duties 

Council Reg. 
(EC) No 1338/2006 
08.09.2006 
Council Reg. 
(EC) No 769/2002 
07.05.2002 
as last amended by 
Council Reg. 
(EC) No 1854/2003 
20.10.2003 
and extended as 
concerns China to 
imports consigned 
from India and 
Thailand by 
Council Reg. 
(EC) No 2272/2004 
22.12.2004 
and extended as 
concerns China to 
imports consigned 
from Indonesia and 
Malaysia by  
Council Reg. 
(EC) No 1650/2006 
07.11.2006 
Council Reg. 
(EC) No 1331/2007 
13.11.2007 
Council Reg. 
(EC) No 215/2002 
28.01.2002 

Council Reg. 
(EC) No 1472/2006 
05.10.2006 
Council Reg. 
(EC) No 639/2005 
25.04.2005 
Council Reg. 
(EC) No 1905/2003 
27.10.2003 
Council Reg. 
(EC) No 1683/2004 
24.09.2004 extended 
to such imports 
consigned from 
Malaysia & Taiwan  
Council Reg. 
(EC) No 1987/2005 
02.12.2005 

L 251 
14.09.2006 
p. 1 
L 123 
09.05.2002 
p. 1 

L 272 
23.10.2003 
p. 1 

L 396 
31.12.2004 
p. 18 

L 311 
10.11.2006 
p. 1 
L 296 
15.11.2007 
p. 1 
L 35 
06.02.2002 
p. 1 

L 275 
06.10.2006 
p. 1 
L 107 
28.04.2005 
p. 1 
L 283 
31.10.2003 
p. 1 
L 303 
30.09.2004 
p. 1 

L 320 
08.12.2005 
p. 1 

EN 

102 

   EN

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Hand pallet trucks and their 
essential parts 

Ironing boards 

Lamps (integrated electronic 
compact fluorescent) 

Lever arch mechanisms 

Lighters (non-refillable and 
refillable) 

Duties 

Duties 

Duties 
(1 year) 

Duties 

Duties 

Magnesia (deadburned) 

Duties 

Magnesia bricks 

Magnesium oxide (caustic 
magnesite) 

Okoumé plywood 

Para-cresol 

Peroxosulphates 

Duties 

Duties 

Duties 

Duties 

Duties 

Plastic sacks and bags 

Duties 

Polyester filament fabrics 
(finished) 

Duties 

Council Reg. 
(EC) No 1174/2005 
18.07.2005 
Council Reg. 
(EC) No 452/2007 
23.04.2007 
Council Reg. 
(EC) No 1205/2007 
15.10.2007 
Council Reg. 
(EC) No 1136/2006 
24.07.2006 
Council Reg. 
(EC) No 1458/2007 
12.12.2007 
Council Reg. 
(EC) No 716/2006 
05.05.2006 
Council Reg. 
(EC) No 1659/2005 
06.10.2005 
Council Reg. 
(EC) No 778/2005 
25.05.2005 
Council Reg. 
(EC) No 1942/2004 
02.11.2004 
Council Reg. 
(EC) No 1656/2003 
11.09.2003 
Council Reg. 
(EC) No 1184/2007 
09.10.2007 
Council Reg. 
(EC) No 1425/2006 
25.09.2006 
corrected by 
L 49, 18.02.2007,  
p. 36 and by 
L 233, 05.09.2007,  
p. 7 
as last amended by 
Council Regulation 
(EC) No 1356/2007 
19.11.2007 
Council Reg. 
(EC) No 1487/2005 
12.09.2005 
as last amended by 
Council Reg. 
(EC) No 1087/2007 

L 189 
21.07.2005 
p. 1 
L 109 
26.04.2007 
p. 12 
L 272 
17.10.2007 
p. 1 
L 205 
27.07.2006 
p. 1 
L 326 
12.12.2007 
p. 1 
L 125 
12.05.2006 
p. 1 
L 267 
12.10.2005 
p. 1 
L 131 
25.05.2005 
p. 1 
L 336 
12.11.2004 
p. 4 
L 234 
20.09.2003 
p. 1 
L 265 
11.10.2007 
p. 1 
L 270 
29.09.2006 
p. 4 

L 304 
22.11.2007 
p. 5 
L 240 
16.09.2005 
p. 1 

L 246 
21.09.2007 

EN 

103 

   EN

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
18.09.2007 

p. 1 

EN 

104 

   EN

 
Polyester staple fibres 

Duties 

Polyethylene terephthalate 

Duties 

Powdered activated carbon 

Duties 

Ring binder mechanisms 

Duties 
(4 years) 

Saddles 

Duties 

Silico-manganese 

Silicon carbide 

Duties 
(suspended 
until 
06.09.2008) 
Duties 

Silicon 

Duties 

EN 

105 

Council Reg. 
(EC) No 428/2005 
10.03.2005 
as last amended by 
Council Reg. 
(EC) No 1333/2005 
09.08.2005 
Council Reg. 
(EC) No 1467/2004 
13.08.2004 
as last amended by 
Council Reg. 
(EC) No 2167/2005 
20.12.2005 
Council Reg. 
(EC) No 1011/2002 
10.06.2002 
as last amended by 
Council Reg. 
(EC) No 931/2003 
26.05.2003 
Council Reg. 
(EC) No 2074/2004 
29.11.2004 
extended to imports 
from Vietnam 
by Council Reg. 
(EC) No 1208/2004 
28.06.2004 
and extended to 
imports from Laos  
by Council Reg. 
(EC) No 33/2006 
09.01.2006 
Council Reg. 
(EC) No 691/2007 
18.06.2007 
Council Reg. 
(EC) No 1420/2007 
04.12.2007 

Council Reg. 
(EC) No 1264/2006 
21.08.2006 
Council Reg. 
(EC) No 398/2004 
02.03.2004 
extended to imports of 
silicon consigned 
from the Republic of 
Korea by 
Council Reg. 

L 71 
17.03.2005 
p. 1 

L 211 
13.08.2005 
p. 1 
L 271 
19.08.2004 
p. 1 

L 345 
28.12.2005 
p. 11 
L 155 
14.06.2002 
p. 1 

L 133 
29.05.2003 
p. 36 
L 359 
04.12.2004 
p. 11 

L 232 
01.07.2004 
p. 1 

L 7 
12.01.2006 
p. 1 
L 160 
21.06.2007 
p. 1 
L 317 
05.12.2007 
p. 5 

L 232 
25.08.2006 
p. 1 
L 66 
04.03.2004 
p. 15 

L 13 

   EN

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
(EC) No 42/2007 
15.01.2007 

19.01.2007 
p. 1 

EN 

106 

   EN

 
Sodium cyclamate 

Stainless steel fasteners and 
parts thereof 

Duties 

Duties 

Steel ropes and cables 

Duties 

Strawberries (frozen) 

Duties 

Sulphanilic acid 

Duties 

Tartaric acid 

Duties 

Trichloroisocyanuric acid 

Duties 

Council Reg. 
(EC) No 435/2004 
08.03.2004 
Council Reg. 
(EC) No 1890/2005 
14.11.2005 
corrected by L 256, 
02.10.2007, p. 31 
Council Reg. 
(EC) No 1858/2005 
08.11.2005 
as last amended by 
Council Reg. 
(EC) No 1459/2007 
10.12.2007 
extended as concerns 
Ukraine to such 
imports consigned 
from Moldova by 
Council Reg. 
(EC) No 760/2004 
22.04.2004 
and extended as 
concerns China to 
such imports 
consigned from 
Morocco by 
Council Reg. 
(EC) No 1886/2004 
25.10.2004 
Council Reg. 
(EC) No 407/2007 
16.04.2007 
Council Reg. 
(EC) No 1339/2002 
22.07.2002 
as last amended by 
Council Reg. 
(EC) No 123/2006 
23.01.2006 
Council Reg. 
(EC) No 130/2006 
23.01.2006 
Council Reg. 
(EC) No 1631/2005 
03.10.2005 

L 72 
11.03.2004 
p. 1 
L 302 
19.11.2005 
p. 1 

L 299 
16.11.2005 
p. 1 

L 326 
12.12.2007 
p. 18 

L 120 
24.04.2004 
p. 1 

L 328 
30.10.2004 
p. 1 
L 100 
17.04.2007 
p. 1 
L 196 
25.07.2002 
p. 11 

L 22 
26.01.2006 
p. 5 
L 23 
27.01.2006 
p. 1 
L 261 
07.10.2005 
p. 1 

EN 

107 

   EN

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Tube and pipe fitting, of iron 
or steel 

Duties 

Tungsten carbide and fused 
tungsten carbide 

Duties 

Tungsten electrodes 

Duties 

Croatia 

Seamless pipes and tubes of 
iron or steel 

Urea 

Duties 

Duties 

Faeroe Islands 

Trout (large rainbow) 

Duties 

Council Reg. 
(EC) No 964/2003 
02.06.2003  
as last amended by 
Council Reg. 
(EC) No 1496/2004 
18.08.2004 
and extended as 
concerns China to 
imports consigned 
from Indonesia by 
Council Reg.  
(EC) 2052/2004 
22.11.2004 
and to imports 
consigned from Sri 
Lanka by 
Council Reg. 
(EC) No 2053/2004 
22.11.2004 
and to imports 
consigned from the 
Philippines by 
Council Reg. 
(EC) No 655/2006 
27.04.2006 
Council Reg. 
(EC) No 2268/2004 
22.12.2004 
as last amended by 
Council Reg. 
(EC) No 1275/2005 
25.07.2005 
Council Reg. 
(EC) No 260/2007 
09.03.2007 
Council Reg. 
(EC) No 954/2006 
27.06.2006 
Council Reg. 
(EC) No 92/2002 
17.01.2002 
as last amended by 
Council Reg. 
(EC) No 73/2006 
13.01.2006 
Council Reg. 
(EC) No 437/2004 
08.03.2004 

L 139 
06.06.2003 
p. 1 

L 275 
25.08.2004 
p. 1 

L 355 
01.12.2004 
p. 4 

L 355 
01.12.2004 
p. 9 

L 116 
29.04.2006 
p. 1 
L 395 
31.12.2004 
p. 56 

L 202 
03.08.2005 
p. 1 
L 72 
13.03.2007 
p. 1 
L 175 
29.06.2006 
p. 4 
L 17 
19.01.2002 
p. 1 

L 12 
18.01.2006 
p. 1 
L 72 
11.03.2004 
p. 23 

Undertakings 

Commission Reg. 
(EC) No 117/2004 

L 17 
24.01.2004 

EN 

108 

   EN

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
23.01.2004 

p. 4 

EN 

109 

   EN

 
India 

Coumarin (ext.) 

Duties 

Undertaking 

Graphite electrode systems 

Duties 

PET (polyethylene 
terephthalate)  

PET (polyethylene 
terephthalate) film 

Duties 

Undertakings 

Duties 

L 123 
09.05.2002 
p. 1 

L 272 
23.10.2003 
p. 1 

L 396 
31.12.2004 
p. 18 

L 311 
10.11.2006 
p. 1 

L 1 
04.01.2005 
p. 15 
L 295 
18.09.2004 
p. 10 
L 59 
27.02.2007 
p. 1 

L 288 
06.11.2007 
p. 1 

Council Reg. 
(EC) No 769/2002 
07.05.2002 
as last amended by 
Council Reg. 
(EC) No 1854/2003 
20.10.2003 
and extended as 
concerns China to 
imports consigned 
from India and 
Thailand by 
Council Reg. 
(EC) No 2272/2004 
22.12.2004 
and extended as 
concerns China to 
imports consigned 
from Indonesia and 
Malaysia by  
Council Reg. 
(EC) No 1650/2006 
07.11.2006 

Commission Dec. 
No 2005/3/EC 
03.01.2005 
Council Reg. 
(EC) No 1629/2004 
13.09.2004 
Council Reg. 
(EC) No 192/2007 
22.02.2007 
corrected by 
L 215, 18.08.2007, p. 
27 
Council Reg. 
(EC) No 1292/2007 
30.10.2007 
and extended to 
imports consigned 
from Brazil and from 
Israel by the same 
Regulation 

EN 

110 

   EN

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Steel ropes and cables 

Duties 

Sulphanilic acid 

Duties 

Undertakings 

Synthetic fibre ropes 

Duties 

Indonesia 

Coumarin (ext.) 

Duties 

Council Reg. 
(EC) No 1858/2005 
08.11.2005 
as last amended by 
Council Reg. 
(EC) No 1459/2007 
10.12.2007 
extended as concerns 
Ukraine to such 
imports consigned 
from Moldova by 
Council Reg. 
(EC) No 760/2004 
22.04.2004 
and extended as 
concerns China to 
such imports 
consigned from 
Morocco by 
Council Reg. 
(EC) No 1886/2004 
25.10.2004 
Council Reg. 
(EC) No 1339/2002 
22.07.2002 
as last amended by 
Council Reg. 
(EC) No 123/2006 
23.01.2006 

Commission Dec. 
No 2006/37/EC 
05.12.2005 
Council Reg. 
(EC) No 1736/2004 
04.10.2004 
Council Reg. 
(EC) No 769/2002 
07.05.2002 
as last amended by 
Council Reg. 
(EC) No 1854/2003 
20.10.2003 
and extended as 
concerns China to 
imports consigned 
from India and 
Thailand by 
Council Reg. 
(EC) No 2272/2004 
22.12.2004 
and extended as 

L 299 
16.11.2005 
p. 1 

L 326 
12.12.2007 
p. 18 

L 120 
24.04.2004 
p. 1 

L 328 
30.10.2004 
p. 1 
L 196 
25.07.2002 
p. 11 

L 22 
26.01.2006 
p. 5 

L 22 
26.01.2006 
p. 52 
L 311 
08.10.2004 
p. 1 
L 123 
09.05.2002 
p. 1 

L 272 
23.10.2003 
p. 1 

L 396 
31.12.2004 
p. 18 

EN 

111 

   EN

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
PET (polyethylene 
terephthalate)  

Sodium cyclamate 

Stainless steel fasteners and 
parts thereof 

Duties 

Undertakings 

Duties 

Duties 

Tube and pipe fitting, of iron 
or steel 

Duties (ext.) 

Israel 

PET (polyethylene 
terephthalate) film (ext.) 

Duties 

concerns China to 
imports consigned 
from Indonesia and 
Malaysia by  
Council Reg. 
(EC) No 1650/2006 
07.11.2006 
Council Reg. 
(EC) No 192/2007 
22.02.2007 
corrected by 
L 215, 18.08.2007, p. 
27 
Council Reg. 
(EC) No 435/2004 
08.03.2004 
Council Reg. 
(EC) No 1890/2005 
14.11.2005 
corrected by L 256, 
02.10.2007, p. 31 
Council Reg. 
(EC) No 964/2003 
02.06.2003  
as last amended by 
Council Reg. 
(EC) No 1496/2004 
18.08.2004 
and extended as 
concerns China to 
imports consigned 
from Indonesia by 
Council Reg.  
(EC) 2052/2004 
22.11.2004 
and to imports 
consigned from Sri 
Lanka by 
Council Reg. 
(EC) No 2053/2004 
22.11.2004 
and to imports 
consigned from the 
Philippines by 
Council Reg. 
(EC) No 655/2006 
27.04.2006 
Council Reg. 
(EC) No 1292/2007 
30.10.2007 
and extended to 
imports consigned 
from Brazil and from 
Israel by the same 

L 311 
10.11.2006 
p. 1 
L 59 
27.02.2007 
p. 1 

L 72 
11.03.2004 
p. 1 
L 302 
19.11.2005 
p. 1 

L 139 
06.06.2003 
p. 1 

L 275 
25.08.2004 
p. 1 

L 355 
01.12.2004 
p. 4 

L 355 
01.12.2004 
p. 9 

L 116 
29.04.2006 
p. 1 
L 288 
06.11.2007 
p. 1 

EN 

112 

   EN

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Kazakhstan 

Silico-manganese 

Regulation 
Council Reg. 
(EC) No 1420/2007 
04.12.2007 

L 317 
05.12.2007 
p. 5 

Duties 
(suspended 
until 
06.09.2008) 

EN 

113 

   EN

 
Korea (Rep. of) 

PET (polyethylene 
terephthalate)  

Duties 

Polyester staple fibres 

Duties 

Refrigerators (side-by-side) 

Duties 

Silicon 

Duties (ext.) 

Tube and pipe fittings, of iron 
or steel 

Duties 

Laos 

Ring binder mechanisms 
(extension from same imports 
from China) 

Duties 
(4 years) 

Libya 

Urea 

Duties 

Council Reg. 
(EC) No 192/2007 
22.02.2007 
corrected by 
L 215, 18.08.2007, p. 
27 
Council Reg. 
(EC) No 2852/2000 
22.12.2000 
as last amended by 
Council Reg. 
(EC) No 428/2005 
10.03.2005 
Council Reg. 
(EC) No 1289/2006 
25.08.2006 
Council Reg. 
(EC) No 398/2004 
02.03.2004 
extended to imports of 
silicon consigned 
from the Republic of 
Korea by 
Council Reg. 
(EC) No 42/2007 
15.01.2007 
Council Reg. 
(EC) No 1514/2002 
19.08.2002 
as last amended by 
Council Reg. 
(EC) No 778/2003 
06.05.2003 
Council Reg. 
(EC) No 2074/2004 
29.11.2004 
extended to imports 
from Vietnam 
by Council Reg. 
(EC) No 1208/2004 
28.06.2004 
and extended to 
imports from Laos  
by Council Reg. 
(EC) No 33/2006 
09.01.2006 
Council Reg. 
(EC) No 92/2002 
17.01.2002 
as last amended by 
Council Reg. 
(EC) No 73/2006 

L 59 
27.02.2007 
p. 1 

L 332 
28.12.2000 
p. 17 

L 71 
17.03.2005 
p. 1 
L 236 
31.08.2006 
p. 11 
L 66 
04.03.2004 
p. 15 

L 13 
19.01.2007 
p. 1 
L 228 
24.08.2002 
p. 1 

L 114 
08.05.2003 
p. 1 
L 359 
04.12.2004 
p. 11 

L 232 
01.07.2004 
p. 1 

L 7 
12.01.2006 
p. 1 
L 17 
19.01.2002 
p. 1 

L 12 
18.01.2006 

EN 

114 

   EN

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
13.01.2006 

p. 1 

EN 

115 

   EN

 
Malaysia 

Coumarin (ext.) 

Duties 

Glyphosate 

Duties 

PET (polyethylene 
terephthalate)  

Duties 

Tube and pipe fittings, of iron 
or steel 

Duties 

Council Reg. 
(EC) No 769/2002 
07.05.2002 
as last amended by 
Council Reg. 
(EC) No 1854/2003 
20.10.2003 
and extended as 
concerns China to 
imports consigned 
from India and 
Thailand by 
Council Reg. 
(EC) No 2272/2004 
22.12.2004 
and extended as 
concerns China to 
imports consigned 
from Indonesia and 
Malaysia by  
Council Reg. 
(EC) No 1650/2006 
07.11.2006 
Council Reg. 
(EC) No 1683/2004 
24.09.2004 extended 
to such imports 
consigned from 
Malaysia & Taiwan  
Council Reg. 
(EC) No 192/2007 
22.02.2007 
corrected by 
L 215, 18.08.2007, p. 
27 
Council Reg. 
(EC) No 1514/2002 
19.08.2002 
as last amended by 
Council Reg. 
(EC) No 778/2003 
06.05.2003 

L 123 
09.05.2002 
p. 1 

L 272 
23.10.2003 
p. 1 

L 396 
31.12.2004 
p. 18 

L 311 
10.11.2006 
p. 1 
L 303 
30.09.2004 
p. 1 

L 59 
27.02.2007 
p. 1 

L 228 
24.08.2002 
p. 1 

L 114 
08.05.2003 
p. 1 

EN 

116 

   EN

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Moldova 

Steel ropes and cables 

Duties (ext.) 

Morocco 

Steel ropes and cables 

Duties (ext.) 

Norway 

Salmon (farmed) 

Duties 

Trout (large rainbow) 

Duties 

Council Reg. 
(EC) No 1858/2005 
08.11.2005 
as last amended by 
Council Reg. 
(EC) No 1459/2007 
10.12.2007 
extended as concerns 
Ukraine to such 
imports consigned 
from Moldova by 
Council Reg. 
(EC) No 760/2004 
22.04.2004 
and extended as 
concerns China to 
such imports 
consigned from 
Morocco by 
Council Reg. 
(EC) No 1886/2004 
25.10.2004 
Council Reg. 
(EC) No 1858/2005 
08.11.2005 
as last amended by 
Council Reg. 
(EC) No 1459/2007 
10.12.2007 
extended as concerns 
Ukraine to such 
imports consigned 
from Moldova by 
Council Reg. 
(EC) No 760/2004 
22.04.2004 
and extended as 
concerns China to 
such imports 
consigned from 
Morocco by 
Council Reg. 
(EC) No 1886/2004 
25.10.2004 
Council Reg. 
(EC) No 85/2006 
17.01.2006 
Council Reg. 
(EC) No 437/2004 
08.03.2004 

L 299 
16.11.2005 
p. 1 

L 326 
12.12.2007 
p. 18 

L 120 
24.04.2004 
p. 1 

L 328 
30.10.2004 
p. 1 
L 299 
16.11.2005 
p. 1 

L 326 
12.12.2007 
p. 18 

L 120 
24.04.2004 
p. 1 

L 328 
30.10.2004 
p. 1 
L 15 
20.01.2006 
p. 1 
L 72 
11.03.2004 
p. 23 

EN 

117 

   EN

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Pakistan 

Bed linen (cotton-type) 

Duties 

Lamps (integrated electronic 
compact fluorescent) 

Philippines 

Lamps (integrated electronic 
compact fluorescent) 

Duties 
(1 year) 

Duties 
(1 year) 

Tube or pipe fittings, of iron or 
steel 

Duties (ext.) 

Russia 

Ammonium nitrate  

Duties 

Grain oriented flat-rolled 
products of silicon-electrical 
steel (small + big) 

Duties 

Council Reg. 
(EC) No 397/2004 
02.03.2004 
as last amended by 
Council Reg. 
(EC) No 925/2007 
03.08.2007 
Council Reg. 
(EC) No 1205/2007 
15.10.2007 
Council Reg. 
(EC) No 1205/2007 
15.10.2007 
Council Reg. 
(EC) No 964/2003 
02.06.2003  
as last amended by 
Council Reg. 
(EC) No 1496/2004 
18.08.2004 
and extended as 
concerns China to 
imports consigned 
from Indonesia by 
Council Reg.  
(EC) 2052/2004 
22.11.2004 
and to imports 
consigned from Sri 
Lanka by 
Council Reg. 
(EC) No 2053/2004 
22.11.2004 
and to imports 
consigned from the 
Philippines by 
Council Reg. 
(EC) No 655/2006 
27.04.2006 
Council Reg. 
(EC) No 658/2002 
15.04.2002 
as last amended by 
Council Reg. 
(EC) No 945/2005 
21.06.2005 
Council Reg. 
(EC) No 1371/2005 
19.07.2005 

L 66 
04.03.2004 
p. 1 

L 202 
03.08.2007 
p. 1 
L 272 
17.10.2007 
p. 1 
L 272 
17.10.2007 
p. 1 
L 139 
06.06.2003 
p. 1 

L 275 
25.08.2004 
p. 1 

L 355 
01.12.2004 
p. 4 

L 355 
01.12.2004 
p. 9 

L 116 
29.04.2006 
p. 1 
L 102 
18.04.2002 
p. 1 

L 160 
23.06.2005 
p. 1 
L 223 
27.08.2005 
p. 1 

Undertakings 

Commission Dec. 
No 2005/622/EC 

L 223 
27.08.2005 

EN 

118 

   EN

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
05.08.2005 

p. 42 

EN 

119 

   EN

 
Granular polytetrafluoro-
ethylene (PTFE) 

Potassium chloride 

Duties 

Duties 

Undertakings 

Seamless pipes and tubes of 
iron or steel 

Silicon 

Duties 

Duties 

Undertakings 

Steel ropes and cables 

Duties 

Urea and ammonium nitrate 
solutions 

Duties 

Saudi Arabia 

Polyester staple fibres 

Duties 

Council Reg. 
(EC) No 1987/2005 
02.12.2005 
Council Reg. 
(EC) No 1050/2006 
11.07.2006 

Commission Dec. 
No 2005/802/EC 
17.10.2005 
as last amendec by 
Commission Dec. 
No 2006/557/EC 
08.08.2006 
Council Reg. 
(EC) No 954/2006 
27.06.2006 
Council Reg. 
(EC) No 2229/2003 
22.12.2003 
as last amended by 
Council Reg. 
(EC) No 821/2004 
26.04.2004  
which has been 
subject to a 
corrigendum 

Commission Dec. 
No 2004/445/EC 
13.04.2004 
Council Reg. 
(EC) No 1279/2007 
30.10.2007 
Council Reg. 
(EC) No 1911/2006 
19.12.2006 
Council Reg. 
(EC) No 428/2005 
10.03.2005 
as last amended by 
Council Reg. 
(EC) No 1333/2005 
09.08.2005 

L 320 
08.12.2005 
p. 1 
L 191 
12.07.2006 
p. 1 

L 302 
19.11.2005 
p. 79 

L 218 
09.08.2006 
p. 22 
L 175 
29.06.2006 
p. 4 
L 339 
24.12.2003 
p. 3 

L 127 
29.04.2004 
p. 1 

L 361 
08.12.2004 
p. 54 

L 127 
29.04.2004 
p. 114 
L 285 
31.10.2007 
p. 1 
L 365 
21.12.2006 
p. 26 
L 71 
17.03.2005 
p. 1 

L 211 
13.08.2005 
p. 1 

EN 

120 

   EN

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
South Africa 

Steel ropes and cables 

Duties 

Sri Lanka 

Tube and pipe fitting, of iron 
or steel 

Duties (ext.) 

Taiwan 

Glyphosate 

Duties 

Council Reg. 
(EC) No 1858/2005 
08.11.2005 
as last amended by 
Council Reg. 
(EC) No 1459/2007 
10.12.2007 
extended as concerns 
Ukraine to such 
imports consigned 
from Moldova by 
Council Reg. 
(EC) No 760/2004 
22.04.2004 
and extended as 
concerns China to 
such imports 
consigned from 
Morocco by 
Council Reg. 
(EC) No 1886/2004 
25.10.2004 
Council Reg. 
(EC) No 964/2003 
02.06.2003  
as last amended by 
Council Reg. 
(EC) No 1496/2004 
18.08.2004 
and extended as 
concerns China to 
imports consigned 
from Indonesia by 
Council Reg.  
(EC) 2052/2004 
22.11.2004 
and to imports 
consigned from Sri 
Lanka by 
Council Reg. 
(EC) No 2053/2004 
22.11.2004 
and to imports 
consigned from the 
Philippines by 
Council Reg. 
(EC) No 655/2006 
27.04.2006 
Council Reg. 
(EC) No 1683/2004 
24.09.2004 extended 
to such imports 
consigned from 

L 299 
16.11.2005 
p. 1 

L 326 
12.12.2007 
p. 18 

L 120 
24.04.2004 
p. 1 

L 328 
30.10.2004 
p. 1 
L 139 
06.06.2003 
p. 1 

L 275 
25.08.2004 
p. 1 

L 355 
01.12.2004 
p. 4 

L 355 
01.12.2004 
p. 9 

L 116 
29.04.2006 
p. 1 
L 303 
30.09.2004 
p. 1 

EN 

121 

   EN

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Malaysia & Taiwan  

EN 

122 

   EN

 
Lighters (non-refillable and 
refillable) 

Peroxosulphates 

PET (polyethylene 
terephthalate)  

Duties 

Duties 

Duties 

Stainless steel fasteners and 
parts thereof 

Duties 

Tube and pipe fitting, of iron 
or steel 

Duties 

Council Reg. 
(EC) No 1458/2007 
12.12.2007 
Council Reg. 
(EC) No 1184/2007 
09.10.2007 
Council Reg. 
(EC) No 192/2007 
22.02.2007 
corrected by 
L 215, 18.08.2007, p. 
27 
Council Reg. 
(EC) No 1890/2005 
14.11.2005 
corrected by L 256, 
02.10.2007, p. 31 
Council Reg. 
(EC) No 964/2003 
02.06.2003  
as last amended by 
Council Reg. 
(EC) No 1496/2004 
18.08.2004 
and extended as 
concerns China to 
imports consigned 
from Indonesia by 
Council Reg.  
(EC) 2052/2004 
22.11.2004 
and to imports 
consigned from Sri 
Lanka by 
Council Reg. 
(EC) No 2053/2004 
22.11.2004 
and to imports 
consigned from the 
Philippines by 
Council Reg. 
(EC) No 655/2006 
27.04.2006 

L 326 
12.12.2007 
p. 1 
L 265 
11.10.2007 
p. 1 
L 59 
27.02.2007 
p. 1 

L 302 
19.11.2005 
p. 1 

L 139 
06.06.2003 
p. 1 

L 275 
25.08.2004 
p. 1 

L 355 
01.12.2004 
p. 4 

L 355 
01.12.2004 
p. 9 

L 116 
29.04.2006 
p. 1 

EN 

123 

   EN

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Thailand 

Coumarin (ext.) 

Duties 

Plastic sacks and bags 

Duties 

PET (polyethylene 
terephthalate)  

Duties 

Stainless steel fasteners and 
parts thereof 

Duties 

Sweet corn (prepared or 
preserved, in kernels) 

Duties 

Council Reg. 
(EC) No 769/2002 
07.05.2002 
as last amended by 
Council Reg. 
(EC) No 1854/2003 
20.10.2003 
and extended as 
concerns China to 
imports consigned 
from India and 
Thailand by 
Council Reg. 
(EC) No 2272/2004 
22.12.2004 
and extended as 
concerns China to 
imports consigned 
from Indonesia and 
Malaysia by  
Council Reg. 
(EC) No 1650/2006 
07.11.2006 
Council Reg. 
(EC) No 1425/2006 
25.09.2006 
corrected by 
L 49, 18.02.2007,  
p. 36 and by 
L 233, 05.09.2007,  
p. 7 
as last amended by 
Council Regulation 
(EC) No 1356/2007 
19.11.2007 
Council Reg. 
(EC) No 192/2007 
22.02.2007 
corrected by 
L 215, 18.08.2007, p. 
27 
Council Reg. 
(EC) No 1890/2005 
14.11.2005 
corrected by L 256, 
02.10.2007, p. 31 
Council Reg. 
(EC) No 682/3007 
18.06.2007 
corrected by 
L 252 of 27.09.2007, 
p. 7 

L 123 
09.05.2002 
p. 1 

L 272 
23.10.2003 
p. 1 

L 396 
31.12.2004 
p. 18 

L 311 
10.11.2006 
p. 1 
L 270 
29.09.2006 
p. 4 

L 304 
22.11.2007 
p. 5 
L 59 
27.02.2007 
p. 1 

L 302 
19.11.2005 
p. 1 

L 159 
20.06.2007 
p. 14 

EN 

124 

   EN

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Undertakings 

Commission Dec. 
No 2007/424/EC 
18.06.2007 

L 159 
20.06.2007 
p. 42 

EN 

125 

   EN

 
 
 
 
Tube and pipe fitting, of iron 
or steel 

Duties 

Turkey 

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

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

Ukraine 

Ammonium nitrate 

Ironing boards 

Duties 

Duties 

Duties 
(2 years) 

Duties 

Seamless pipes and tubes of 
iron or steel 

Duties 

Council Reg. 
(EC) No 964/2003 
02.06.2003  
as last amended by 
Council Reg. 
(EC) No 1496/2004 
18.08.2004 
and extended as 
concerns China to 
imports consigned 
from Indonesia by 
Council Reg.  
(EC) 2052/2004 
22.11.2004 
and to imports 
consigned from Sri 
Lanka by 
Council Reg. 
(EC) No 2053/2004 
22.11.2004 
and to imports 
consigned from the 
Philippines by 
Council Reg. 
(EC) No 655/2006 
27.04.2006 
Council Reg. 
(EC) No 1697/2002 
23.09.2002 
Council Reg. 
(EC) No 1697/2002 
23.09.2002 
Council Reg. 
(EC) No 442/2007 
19.04.2007  
Council Reg. 
(EC) No 452/2007 
23.04.2007 
Council Reg. 
(EC) No 954/2006 
27.06.2006 

L 139 
06.06.2003 
p. 1 

L 275 
25.08.2004 
p. 1 

L 355 
01.12.2004 
p. 4 

L 355 
01.12.2004 
p. 9 

L 116 
29.04.2006 
p. 1 
L 259 
27.09.2002 
p. 8 
L 259 
27.09.2002 
p. 8 
L 106 
24.04.2007 
p. 1 
L 109 
26.04.2007 
p. 12 
L 175 
29.06.2006 
p. 4 

EN 

126 

   EN

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Steel ropes and cables 

Duties 

Urea and ammonium nitrate 
solutions 

Urea 

Duties 

Duties 

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

USA 

Ethanolamines 

Grain oriented flat-rolled 
products of silicon-electrical 
steel (small + big) 

Duties 

Duties 
(2 years) 

Duties 

Undertakings 

Peroxosulphates 

Duties 

Trichloroisocyanuric acid 

Duties 

Council Reg. 
(EC) No 1858/2005 
08.11.2005 
as last amended by 
Council Reg. 
(EC) No 1459/2007 
10.12.2007 
extended as concerns 
Ukraine to such 
imports consigned 
from Moldova by 
Council Reg. 
(EC) No 760/2004 
22.04.2004 
and extended as 
concerns China to 
such imports 
consigned from 
Morocco by 
Council Reg. 
(EC) No 1886/2004 
25.10.2004 
Council Reg. 
(EC) No 1911/2006 
19.12.2006 
Council Reg. 
(EC) No 92/2002 
17.01.2002 
as last amended by 
Council Reg. 
(EC) No 73/2006 
13.01.2006 
Council Reg. 
(EC) No 1697/2002 
23.09.2002 
Council Reg. 
(EC) No 1583/2006 
23.10.2006 
Council Reg. 
(EC) No 1371/2005 
19.07.2005 

Commission Dec. 
No 2005/622/EC 
05.08.2005 
Council Reg. 
(EC) No 1184/2007 
09.10.2007 
Council Reg. 
(EC) No 1631/2005 
03.10.2005 

L 299 
16.11.2005 
p. 1 

L 326 
12.12.2007 
p. 18 

L 120 
24.04.2004 
p. 1 

L 328 
30.10.2004 
p. 1 
L 365 
21.12.2006 
p. 26 
L 17 
19.01.2002 
p. 1 

L 12 
18.01.2006 
p. 1 
L 259 
27.09.2002 
p. 8 
L 294 
25.10.2006 
p. 2 
L 223 
27.08.2005 
p. 1 

L 223 
27.08.2005 
p. 42 
L 265 
11.10.2007 
p. 1 
L 261 
07.10.2005 
p. 1 

EN 

127 

   EN

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Vietnam 

Bicycles 

Footwear with uppers of 
leather 

Lamps (integrated electronic 
compact fluorescent) 

Ring binder mechanisms 
(extension from same imports 
from China) 

Duties 

Duties 
(2 years) 

Duties 
(1 year) 

Duties 
(4 years) 

Stainless steel fasteners and 
parts thereof 

Duties 

Council Reg.  
(EC) No 1095/2005 
12.07.2005 
Council Reg. 
(EC) No 1472/2006 
05.10.2006 
Council Reg. 
(EC) No 1205/2007 
15.10.2007 
Council Reg. 
(EC) No 2074/2004 
29.11.2004 
extended to imports 
from Vietnam 
by Council Reg. 
(EC) No 1208/2004 
28.06.2004 
and extended to 
imports from Laos  
by Council Reg. 
(EC) No 33/2006 
09.01.2006 
Council Reg. 
(EC) No 1890/2005 
14.11.2005 
corrected by L 256, 
02.10.2007, p. 31 

L 183 
14.07.2005 
p. 1 
L 275 
06.10.2006 
p. 1 
L 272 
17.10.2007 
p. 1 
L 359 
04.12.2004 
p. 11 

L 232 
01.07.2004 
p. 1 

L 7 
12.01.2006 
p. 1 
L 302 
19.11.2005 
p. 1 

EN 

128 

   EN

 
 
 
 
 
 
 
 
 
 
ANNEX P 

Definitive anti-subsidy measures in force on 31 December 2007 

A. Ranked by product (alphabetical) 

Product 

Origin 

Measure 

Regulation N° 

Publication 

Antibiotics (broad spectrum) 
(AS) 

India 

Bed linen (cotton-type) (AS) 

India 

Duties 

Duties 

DRAMs (AS) 

Korea (Rep. of) 

Duties 

Graphite electrode systems 
(AS) 

PET (polyethylene 
terephthalate) (AS) 

India 

India 

PET film (polyethylene 
terephthalate) (AS) 

India 
Brazil (ext.) 
Israel (ext.) 

Duties 

Duties 

Undertakings 
Duties 

Council Reg. 
(EC) No 713/2005 
10.05.2005 
Council Reg. 
(EC) No 74/2004 
13.01.2004 
as last amended by 
Council Reg. 
(EC) No 1840/2006 
11.12.2006 
Council Reg. 
(EC) No 1480/2003 
11.08.2003 
as last amended by 
Council Reg. 
(EC) No 584/2006 
10.04.2006 
Council Reg. 
(EC) No 1628/2004 
13.09.2004 
Council Reg. 
(EC) No 193/2007 
22.02.2007 

Council Reg. 
(EC) No 367/2006 
27.02.2005 
as last amended by 
Council Reg. 
(EC) No 1124/2007 
28.09.2007 
and extended to 
imports consigned 
from Brazil and from 
Israel by 
Council Reg. 
(EC) No 1976/2004 
15.11.2004 
as last amended by 
Council Reg. 
(EC) No 101/2006 
20.01.2006 

L 121 
13.05.2005 
p. 1 
L 12 
17.01.2004 
p. 1 

L 355 
15.12.2006 
p. 4 
L 212 
22.08.2003 
p. 1 

L 103 
12.04.2006 
p. 1 
L 295 
18.09.2004 
p. 4 
L 59 
27.02.2007 
p. 34 

L 68 
08.03.2006 
p. 15 

L 255 
29.09.2007 
p. 1 

L 342 
18.11.2004 
p. 8 

L 17 
21.01.2006 
p. 1 

EN 

129 

   EN

 
 
 
 
 
 
 
 
 
 
 
Sulphanilic acid (AS) 

India 

Duties 

Undertakings 

Council Reg. 
(EC) No 1338/2002 
22.07.2002 
as last amended by 
Council Reg. 
(EC) No 123/2006 
23.01.2006 

Commission Dec. 
No 2006/37/EC 
05.12.2005 

L 196 
25.07.2002 
p. 1 

L 22 
26.01.2006 
p. 5 

L 22 
26.01.2006 
p. 52 

B. Ranked by country (alphabetical) 

Origin 

Product 

Measure 

Regulation N° 

Publication 

Brazil 

PET film (polyethylene 
terephthalate) (AS) (ext.) 

Duties 

India 

Antibiotics (broad spectrum) 
(AS) 

Duties 

Bedlinen (cotton-type) (AS) 

Duties 

Graphite electrode systems 
(AS) 

PET (polyethylene 
terephthalate) (AS) 

Duties 

Duties 

Undertakings 

130 

EN 

Council Reg. 
(EC) No 367/2006 
27.02.2005 
as last amended by 
Council Reg. 
(EC) No 1124/2007 
28.09.2007 
and extended to 
imports consigned 
from Brazil and from 
Israel by 
Council Reg. 
(EC) No 1976/2004 
15.11.2004 
as last amended by 
Council Reg. 
(EC) No 101/2006 
20.01.2006 
Council Reg. 
(EC) No 713/2005 
10.05.2005 
Council Reg. 
(EC) No 74/2004 
13.01.2004 
as last amended by 
Council Reg. 
(EC) No 1840/2006 
11.12.2006 
Council Reg. 
(EC) No 1628/2004 
13.09.2004 
Council Reg. 
(EC) No 193/2007 
22.02.2007 

L 68 
08.03.2006 
p. 15 

L 255 
29.09.2007 
p. 1 

L 342 
18.11.2004 
p. 8 

L 17 
21.01.2006 
p. 1 
L 121 
13.05.2005 
p. 1 
L 12 
17.01.2004 
p. 1 

L 355 
15.12.2006 
p. 4 
L 295 
18.09.2004 
p. 4 
L 59 
27.02.2007 
p. 34 

   EN

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
PET film (polyethylene 
terephthalate) (AS) 

Duties 

Sulphanilic acid (AS) 

Duties 

Undertakings 

Israel 

PET film (polyethylene 
terephthalate) (AS) (ext.) 

Duties 

Korea (Rep. of) 

DRAMs (AS) 

Duties 

Council Reg. 
(EC) No 367/2006 
27.02.2005 
as last amended by 
Council Reg. 
(EC) No 1124/2007 
28.09.2007 
and extended to 
imports consigned 
from Brazil and from 
Israel by 
Council Reg. 
(EC) No 1976/2004 
15.11.2004 
as last amended by 
Council Reg. 
(EC) No 101/2006 
20.01.2006 
Council Reg. 
(EC) No 1339/2002 
22.07.2002 
as last amended by 
Council Reg. 
(EC) No 123/2006 
23.01.2006 

Commission Dec. 
No 2006/37/EC 
05.12.2005 
Council Reg. 
(EC) No 367/2006 
27.02.2005 
as last amended by 
Council Reg. 
(EC) No 1124/2007 
28.09.2007 
and extended to 
imports consigned 
from Brazil and from 
Israel by 
Council Reg. 
(EC) No 1976/2004 
15.11.2004 
as last amended by 
Council Reg. 
(EC) No 101/2006 
20.01.2006 
Council Reg. 
(EC) No 1480/2003 
11.08.2003 
as last amended by 
Council Reg. 

L 68 
08.03.2006 
p. 15 

L 255 
29.09.2007 
p. 1 

L 342 
18.11.2004 
p. 8 

L 17 
21.01.2006 
p. 1 
L 196 
25.07.2002 
p. 11 

L 22 
26.01.2006 
p. 5 

L 22 
26.01.2006 
p. 52 
L 68 
08.03.2006 
p. 15 

L 255 
29.09.2007 
p. 1 

L 342 
18.11.2004 
p. 8 

L 17 
21.01.2006 
p. 1 
L 212 
22.08.2003 
p. 1 

L 103 

EN 

131 

   EN

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
(EC) No 584/2006 
10.04.2006 

12.04.2006 
p. 1 

EN 

132 

   EN

 
ANNEX Q 

Undertakings in force on 31 December 2007 

A. Ranked by product (alphabetical) 

Product 

Origin 

Measure 

Regulation N° 

Publication 

Castings 

P.R. China 

Undertakings 

Coumarin 

India 

Undertakings 

Ferro-silicon 

Former Yugoslav 
Republic of 
Macedonia 

Grain oriented flat-rolled 
products of silicon-electrical 
steel (small + big) 
PET (polyethylene 
terephthalate) 

Russia 
USA 

India 
Indonesia 

Undertakings 

Undertakings 

Undertakings 

Australia 

Undertakings 

PET (polyethylene 
terephthalate) (AS) 

India 

Undertakings 

Potassium chloride 

Russia 

Undertakings 

Silicon 

Russia 

Undertakings 

Sulphanilic acid (AD + AS) 

India 

Undertakings 

Sweet corn (prepared or 
preserved, in kernels) 

Thailand 

Undertakings 

Trout (large rainbow) 

Faeroe Islands 

Undertakings  

Urea and ammonium nitrate 
solutions 

Algeria 

Undertakings 

Commission Dec. 
No 2006/109/EC 
19.01.2006 
and corrected by L 95, 
04.04.2006, p. 12 
Commission Dec. 
No 2005/3/EC 
03.01.2005 
Commission Reg. 
(EC) No 994/2007 
28.08.2007 

Commission Dec. 
No 2005/622/EC 
05.08.2005 
Council Reg. 
(EC) No 192/2007 
22.02.2007 
Commission Dec. 
No 2004/600/EC 
04.08.2004 
Council Reg. 
(EC) No 193/2007 
22.02.2007 
Commission Dec. 
No 2005/802/EC 
17.10.2005 
as last amendec by 
Commission Dec. 
No 2006/557/EC 
08.08.2006 
Commission Dec. 
No 2004/445/EC 
13.04.2004 
Commission Dec. 
No 2006/37/EC 
05.12.2006 
Commission Dec. 
No 2007/424/EC 
18.06.2007 
Commission Reg. 
(EC) No 117/2004 
23.01.2004 
Commission Reg. 
(EC) No 617/2000 
16.03.2000 

L 47 
17.02.2006 
p. 59 

L 1 
04.01.2005 
p. 15 
L 223 
29.08.2007 
p. 1 
L 223 
27.08.2005 
p. 42 
L 59 
27.02.2007 
p. 1 
L 271 
19.08.2004 
p. 38 
L 59 
27.02.2007 
p. 34 
L 302 
19.11.2005 
p. 79 

L 218 
09.08.2006 
p. 22 
L 127 
29.04.2004 
p. 114 
L 22 
26.01.2006 
p. 52 
L 159 
20.06.2007 
p. 42 
L 17 
24.01.2004 
p. 4 
L 75 
24.03.2000 
p. 3 

EN 

133 

   EN

 
 
 
EN 

134 

   EN

 
 
B. Ranked by country (alphabetical) 

Origin 

Product 

Measure 

Regulation N° 

Publication 

Algeria 

Australia 

Urea and ammonium nitrate 
solutions 

Undertakings 

PET (polyethylene 
terephthalate) 

Undertakings 

P.R. China 

Castings 

Undertakings 

Faeroe Islands 

Trout (large rainbow) 

Undertakings 

Former Yugoslav 
Republic of 
Macedonia 

Ferro-silicon 

Undertakings 

India 

Coumarin 

Undertakings 

PET (polyethylene 
terephthalate) 

PET (polyethylene 
terephthalate) (AS) 

Undertakings 

Undertakings 

Sulphanilic acid (AD + AS) 

Undertakings 

PET (polyethylene 
terephthalate) 

Undertakings 

Grain oriented flat-rolled 
products of silicon-electrical 
steel (small + big) 
Potassium chloride 

Undertakings 

Undertakings 

Indonesia 

Russia 

Silicon 

Undertakings 

Thailand 

Sweet corn (prepared or 
preserved, in kernels) 

Undertakings 

USA 

Grain oriented flat-rolled 

Undertakings 

Commission Reg. 
(EC) No 617/2000 
16.03.2000 
Commission Dec. 
No 2004/600/EC 
04.08.2004 
Commission Dec. 
No 2006/109/EC 
19.01.2006 
and corrected by L 95, 
04.04.2006, p. 12 
Commission Reg. 
(EC) No 117/2004 
23.01.2004 
Commission Reg. 
(EC) No 994/2007 
28.08.2007 

Commission Dec. 
No 2005/3/EC 
03.01.2005 
Council Reg. 
(EC) No 192/2007 
22.02.2007 
Council Reg. 
(EC) No 193/2007 
22.02.2007 
Commission Dec. 
No 2006/37/EC 
05.12.2006 
Council Reg. 
(EC) No 192/2007 
22.02.2007 
Commission Dec. 
No 2005/622/EC 
05.08.2005 
Commission Dec. 
No 2005/802/EC 
17.10.2005 
as last amendec by 
Commission Dec. 
No 2006/557/EC 
08.08.2006 
Commission Dec. 
No 2004/445/EC 
13.04.2004 
Commission Dec. 
No 2007/424/EC 
18.06.2007 
Commission Dec. 

L 75 
24.03.2000 
p. 3 
L 271 
19.08.2004 
p. 38 
L 47 
17.02.2006 
p. 59 

L 17 
24.01.2004 
p. 4 
L 223 
29.08.2007 
p. 1 
L 1 
04.01.2005 
p. 15 
L 59 
27.02.2007 
p. 1 
L 59 
27.02.2007 
p. 34 
L 22 
26.01.2006 
p. 52 
L 59 
27.02.2007 
p. 1 
L 223 
27.08.2005 
p. 42 
L 302 
19.11.2005 
p. 79 

L 218 
09.08.2006 
p. 22 
L 127 
29.04.2004 
p. 114 
L 159 
20.06.2007 
p. 42 
L 223 

EN 

135 

   EN

 
 
 
 
 
 
 
products of silicon-electrical 
steel (small + big) 

No 2005/622/EC 
05.08.2005 

27.08.2005 
p. 42 

EN 

136 

   EN

 
ANNEX R 

Anti-dumping & anti-subsidy investigations pending 

on 31 December 2007 

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

Product 

AD/AS 

Origin 

Type 

Publication 

Citric acid 

Citrus fruits 

AD.522 

P.R. China 

Initiation 

AD.524 

P.R. China 

Initiation 

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

AD.518 

P.R. China 

Initiation 

Prov. duty 

Compressors 

AD.519 

P.R. China 

Initiation 

Dihydromyrcenol 

AD.514 

India 

Initiation 

Fasteners, iron or steel 

AD.525 

P.R. China 

Initiation 

Prov. duty 

Ferro-silicon 

AD.516 

Flat-rolled products (hot-dipped metallic-
coated iron or steel) 
Manganese dioxides 

AD.526 

P.R. China 
Egypt 
Kazakhstan 
Macedonia 
Russia 
P.R. China 

Initiation 

Prov. duty 

Initiation 

AD.520 

South Africa 

Initiation 

Prov. duty 

Monosodium glutamate 

AD.521 

P.R. China 

Initiation 

Polyvinyl alcohol 

AD.517 

P.R. China 
Taiwan 

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

AD.523 

Belarus 
Bosnia & 
Herzegovina 
P.R. China 
Russia 

Initiation 

Prov. duty 

Initiation 

C 205 
04.09.2007, p. 14 
C 246 
20.10.2007, p. 15 
C 313 
20.12.2006, p. 15 

L 244 
19.09.2007, p. 3 
C 314 
21.12.2006, p. 2 
C 275 
11.11.2006, p. 25 

L 196 
28.07.2007, p. 3 
C 267 
09.11.2007, p. 31 
C 291 
30.11.2006, p. 34 

L 223 
29.08.2007, p. 1 
C 302 
14.12.2007, p. 24 
C 314 
21.12.2006, p. 78 

L 243 
18.09.2007, p. 7 
C 206 
05.09.2007, p. 20 
C 311 
19.12.2006, p. 47 

L 243 
18.09.2007, p. 23 
C 226 
26.09.2007, p. 7 

EN 

137 

   EN

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
B. Review investigations (ranked by product - in alphabetical order) 

Product 

R. No 

Origin 

Type of review 

Publication 

Ammonium nitrate 

R.382 

Russia 

Ammonium nitrate 

R.410 

Russia 

Ammonium nitrate 

R.411 

Ukraine 

Ammonium nitrate 

R.422 

Russia 

Antibiotics (AS) 

R.436 

India 

Bed linen (AS) 

R.432 

India 

Bicycle parts 

Coumarin 

R.407 

P.R. China 

R.425 

P.R. China 

Expiry review 

Partial interim 
review 
Partial interim 
review 
Partial interim 
review 
Expiry review 

Partial interim 
review 
Partial interim 
review 
Interim review 

Partial interim 
review 
Interim review 

Anti-circumvention 
investigation 
Partial interim 
review 

C 300 
30.11.2005, p. 8 
C 311 
19.12.2006, p. 55 
C 311 
19.12.2006, p. 57 
C 81 
14.04.2007, p. 2 
C 212 
11.09.2007, p. 10 
C 230 
02.10.2007, p. 5 
C 289 
28.11.2006, p. 15 
C 103 
08.05.2007, p. 15 
C 67 
18.03.2006, p. 16 
C 262 
31.10.2006, p. 28 
L 234 
06.09.2007, p. 3 
C 254 
20.10.2006, p. 10 

Partial interim 
review 

C 39 
23.02.2007, p. 26 

Partial interim 
review 
Partial interim 
review 
Partial interim 
review 
New exporter 
review 
Partial interim 
review 
Partial interim 
review 
Partial interim 
review 

C 230 
02.10.2007, p. 9 
C 184 
07.08.2007, p. 11 
C 308 
19.12.2007, p. 15 
L 337 
21.12.2007, p. 42 
C 291 
30.11.2006, p. 19 
C 54 
09.03.2007, p. 5 
C 202 
30.08.2007, p. 4 

Partial interim 
review 
Partial interim 
review 
Expiry review 

C 227 
27.09.2007, p. 16 
C 240 
12.10.2007, p. 6 
C 131 

   EN

DRAMs (AS) 

R.389 

Korea (Rep. of) 

Ferro molybdenum 

R.406 

P.R. China 

Footwear with leather uppers 

R.434 

P.R. China 

R.405 

Grain oriented flat-rolled 
products of silicon-electrical steel 
(GOES) 
Grain oriented flat-rolled 
products of silicon-electrical steel 
(GOES) 
Graphite electrode systems (AS)  R.437 

R.418 

Russia 
USA 

Russia 

India 

Hand pallet trucks and their 
essential parts 
Hand pallet trucks and their 
essential parts 
Magnesia bricks 

R.431 

P.R. China 

R.444 

P.R. China 

R.445 

P.R. China 

Okoumé plywood 

R.408 

P.R. China 

Plastic sacks and bags 

R.415 

P.R. China 

Polyester staple fibres 

R.428 

Belarus 
P.R. China 
Korea (Rep. of) 
Saudi Arabia 
India 

Polyethylene terephtalate (PET) 
(AS) 
Polyethylene terephtalate (PET) 
film (AS) 
Powdered activated carbon 

EN 

R.438 

R.441 

India 

R.427 

P.R. China 

138 

 
(PAC) 
Ring binder mechanisms 

R.442 

P.R. China 

Anti-circumvention 
investigation 

13.06.2007, p. 14 
L 320 
06.12.2007, p. 23 

EN 

139 

   EN

 
Salmon 

R.423 

Norway 

Seamless pipes and tubes 

R.426 

Russia 

Sulphanilic acid 

Sulphanilic acid (AS) 

R.429 

R.430 

P.R. China 
India 
India 

Sulphanilic acid (AS) 

R.440 

India 

Tartaric acid 

Tartaric acid 

Trout 

R.419 

P.R. China 

R.443 

P.R. China 

R.424 

Norway 

Tube and pipe fittings, of iron or 
steel 
Urea 

R. 433 

R.412 

Urea and ammonium nitrate 
solutions 
Welded tubes and pipes, of iron 
or non-alloy steel 

R.409 

R.439 

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

R.439 

Korea (Rep. of) 
Malaysia 
Belarus 
Croatia 
Libya 
Ukraine 
Russia 

Thailand 
Turkey 
Ukraine 
Turkey 

Partial interim 
review 
Partial interim 
review 
Expiry review 

Expiry review 

Partial interim 
review 
Partial interim 
review 
New exporter 
review 
Partial interim 
review 
Expiry review 

Expiry review 

Partial interim 
review 
Expiry review 

Interim review 

C 88 
21.04.2007, p. 26 
C 138 
22.06.2007, p. 37 
C 171 
24.07.2007, p. 18 
C 171 
24.07.2007, p. 14 
C 229 
29.09.2007, p. 9 
C 63 
17.03.2007, p. 2 
L 312 
30.11.2007, p. 12 
C 109 
15.05.2007, p. 23 
C 192 
18.08.2007, p. 15 
C 316 
22.12.2006, p. 13 

C 311 
19.12.2006, p. 51 
C 226 
26.09.2007, p. 12 

C 226 
26.09.2007, p. 12 

C. Ranked by country (new and review investigations) (alphabetical) 

Origin 

Product 

Type 

Publication 

Belarus 

Polyester staple fibres 

Urea 

Bosnia & 
Herzegovina 
P.R. China 

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

Citric acid 

Citrus fruits 

Partial interim 
review 
Expiry review 

C 202 
30.08.2007, p. 4 
C 316 
22.12.2006, p. 13 

New investigation  C 226 

26.09.2007, p. 7 

New investigation  C 226 

Interim review 

26.09.2007, p. 7 
C 289 
28.11.2006, p. 15 

New investigation  C 205 

04.09.2007, p. 14 

New investigation  C 246 

20.10.2007, p. 15 

EN 

140 

   EN

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

New investigation 

Prov. duty 

C 313 
20.12.2006, p. 15 

L 244 
19.09.2007, p. 3 

Compressors 

Coumarin 

New investigation  C 314 

Expiry review 

21.12.2006, p. 2 
C 103 
08.05.2007, p. 15 

Fasteners, iron or steel 

New investigation  C 267 

Ferro molybdenum 

Ferro-silicon 

Flat-rolled products (hot-dipped metallic-
coated iron or steel) 
Footwear with leather uppers 

Hand pallet trucks and their essential parts 

Hand pallet trucks and their essential parts 

Magnesia bricks 

Interim review 

New investigation 

Prov. duty 

09.11.2007, p. 31 
C 262 
31.10.2006, p. 28 
C 291 
30.11.2006, p. 34 

L 223 
29.08.2007, p. 1 

New investigation  C 302 

Anti-circumvention 
investigation 
Partial interim 
review 
Partial interim 
review 
New exporter 
review 

14.12.2007, p. 24 
L 234 
06.09.2007, p. 3 
C 184 
07.08.2007, p. 11 
C 308 
19.12.2007, p. 15 
L 337 
21.12.2007, p. 42 

Monosodium glutamate 

New investigation  C 206 

Okoumé plywood 

Plastic sacks and bags 

Polyester staple fibres 

Polyvinyl alcohol 

Partial interim 
review 
Partial interim 
review 
Partial interim 
review 
New investigation 

Prov. duty 

Powdered activated carbon (PAC) 

Expiry review 

Ring binder mechanisms 

Sulphanilic acid 

Tartaric acid 

Tartaric acid 

Anti-circumvention 
investigation 
Expiry review 

Partial interim 
review 
New exporter 
review 

05.09.2007, p. 20 
C 291 
30.11.2006, p. 19 
C 54 
09.03.2007, p. 5 
C 202 
30.08.2007, p. 4 
C 311 
19.12.2006, p. 47 

L 243 
18.09.2007, p. 23 
C 131 
13.06.2007, p. 14 
L 320 
06.12.2007, p. 23 
C 171 
24.07.2007, p. 18 
C 63 
17.03.2007, p. 2 
L 312 
30.11.2007, p. 12 

EN 

141 

   EN

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Croatia 

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

New investigation  C 226 

Expiry review 

26.09.2007, p. 7 
C 316 
22.12.2006, p. 13 

EN 

142 

   EN

 
 
Egypt 

Ferro-silicon 

New investigation 

India 

Antibiotics (AS) 

Bed linen (AS) 

Dihydromyrcenol 

Graphite electrode systems (AS) 

Polyethylene terephtalate (PET) (AS) 

Polyethylene terephtalate (PET) film (AS) 

Sulphanilic acid (AS) 

Sulphanilic acid 

Sulphanilic acid (AS) 

Kazakhstan 

Ferro-silicon 

Korea (Rep. of) 

DRAMs (AS) 

Polyester staple fibres 

Tube and pipe fittings, of iron or steel 

Libya 

Urea 

Prov. duty 

Partial interim 
review 
Partial interim 
review 
New investigation 

Prov. duty 

Partial interim 
review 
Partial interim 
review 
Partial interim 
review 
Expiry review 

Expiry review 

Partial interim 
review 
New investigation 

Prov. duty 

Partial interim 
review 
Partial interim 
review 
Expiry review 

Expiry review 

Macedonia (FYR)  Ferro-silicon 

New investigation 

Malaysia 

Tube and pipe fittings, of iron or steel 

Expiry review 

Prov. duty 

C 291 
30.11.2006, p. 34 

L 223 
29.08.2007, p. 1 
C 212 
11.09.2007, p. 10 
C 230 
02.10.2007, p. 5 
C 275 
11.11.2006, p. 25 

L 196 
28.07.2007, p. 3 
C 230 
02.10.2007, p. 9 
C 227 
27.09.2007, p. 16 
C 240 
12.10.2007, p. 6 
C 171 
24.07.2007, p. 14 
C 171 
24.07.2007, p. 18 
C 229 
29.09.2007, p. 9 
C 291 
30.11.2006, p. 34 

L 223 
29.08.2007, p. 1 
C 67 
18.03.2006, p. 16 
C 202 
30.08.2007, p. 4 
C 192 
18.08.2007, p. 15 
C 316 
22.12.2006, p. 13 
C 291 
30.11.2006, p. 34 

L 223 
29.08.2007, p. 1 
C 192 
18.08.2007, p. 15 

EN 

143 

   EN

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Norway 

Salmon 

Trout 

Russia 

Ammonium nitrate 

Ammonium nitrate 

Ammonium nitrate 

Ferro-silicon 

Grain oriented flat-rolled products of silicon-
electrical steel (GOES) 
Grain oriented flat-rolled products of silicon-
electrical steel (GOES) 
Seamless pipes and tubes 

Urea and ammonium nitrate solutions 

Saudi Arabia 

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

South Africa 

Manganese dioxides 

Partial interim 
review 
Partial interim 
review 
Partial interim 
review 
Partial interim 
review 
Expiry review 

New investigation 

Prov. duty 

Partial interim 
review 
Partial interim 
review 
Partial interim 
review 
Partial interim 
review 

C 88 
21.04.2007, p. 26 
C 109 
15.05.2007, p. 23 
C 300 
30.11.2005, p. 8 
C 311 
19.12.2006, p. 55 
C 81 
14.04.2007, p. 2 
C 291 
30.11.2006, p. 34 

L 223 
29.08.2007, p. 1 
C 254 
20.10.2006, p. 10 
C 39 
23.02.2007, p. 26 
C 138 
22.06.2007, p. 37 
C 311 
19.12.2006, p. 51 

New investigation  C 226 

Partial interim 
review 
New investigation 

Prov. duty 

26.09.2007, p. 7 
C 202 
30.08.2007, p. 4 
C 314 
21.12.2006, p. 78 

L 243 
18.09.2007, p. 7 

Taiwan 

Polyvinyl alcohol 

New investigation  C 311 

Thailand 

Turkey 

Ukraine 

USA 

Welded tubes and pipes, or iron or non-alloy 
steel 
Welded tubes and pipes, or iron or non-alloy 
steel 
Welded tubes and pipes, or iron or non-alloy 
steel 
Ammonium nitrate 

Urea 

Welded tubes and pipes, or iron or non-alloy 
steel 
Grain oriented flat-rolled products of silicon-
electrical steel (GOES) 

Expiry review 

Expiry review 

Interim review 

Partial interim 
review 
Expiry review 

Expiry review 

Partial interim 
review 

19.12.2006, p. 47 
C 226 
26.09.2007, p. 12 
C 226 
26.09.2007, p. 12 
C 226 
26.09.2007, p. 12 
C 311 
19.12.2006, p. 57 
C 316 
22.12.2006, p. 13 
C 226 
26.09.2007, p. 12 
C 254 
20.10.2006, p. 10 

EN 

144 

   EN

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
ANNEX S 

Court cases  

A. 

Court cases pending before the Court of Justice and the Court of First Instance of the 
European Communities on 31 December 2007 

Case C-398/05 

Case C-263/06 

Case C-535/06 

Case C-461/07 P(I)32 

Case C-462/07 P(I) 32 

Case C-463/07 P(I) 32

Case C-464/07 P(I) 32  

Court of Justice 

AGST Draht- und Biegetechnik 

Carboni e Derivati 

Moser Baer 

Provincia di Ascoli Piceno, Comune di Monte Urano, 
(Sun Sang Kong Yuen Shoes Factory (Hui Yang) Corp., Ltd, 
Council of the European Union) 
Provincia di Ascoli Piceno, Comune di Monte Urano, 
(Zhejiang  Aokang  Shoes  Co.,  Ltd,  Council  of  the  European 
Union) 
Provincia  di  Ascoli  Piceno,  Comune  di  Monte  Urano, 
(Wenzhou  Taima  Shoes  Co.,  Ltd,  Council  of  the  European 
Union) 
Provincia di Ascoli Piceno, Comune di Monte Urano, 
(Apache Footwear Ltd, Apache II Footwear Ltd, Council of the 
European Union) 

Case T-383/03 

Case T-199/04 

Case T-429/04 

Case T-462/04 

Case T-498/04 

Case T-221/05 

Case T-299/05 

Case T-348/05 

Case T-45/06 

Case T-113/06 

Case T-115/06 

Court of First Instance 

Hynix v. Council 

Gul Ahmed Textile Mills Ltd. v. Council 

Trubowest Handel and Makarov v. Council 

Heg Ltd. and Graphite India Ltd. v. Council 

Zheijiang Chemical v. Council 

Huvis Corporation v. Council 

Shangai Excel & Shanghai Adeptech v. Council 

JSC Kirovo-Chepetsky v. Council 

Reliance Industries Ltd. v. Council 

Fjord Seafood Norway AS et al v. Council 

Fiskeri og Havbruksnaeringens et al v. Council 

32 

appeal against Court of First Instance order dismissing right to intervene 

EN 

145 

   EN 

 
  
                                                 
Case T-119/06 

Case T-143/06 

Case T-151/06 

Case T-249/06 

Case T-301/06 

Case T-314/06 

Case T-296/06 

Case T-364/06 

Case T-401/06 

Case T-407/06 

Case T-408/06 

Case T-409/06 

Case T-410/06 

Case T-1/07 

Case T-84/07 

Case T-167/07 

Case T-206/07 

Case T-225/07 

Case T-274/07 

Case T-330/07 

Case T-459/07 

Case T-466/07 

Case T-469/07 

Usha Martin Ltd. v. Council and Commission 

MTZ Polyfilms Ltd. v. Council 

Aluminium Silicon Mill Products GmbH v. Commission 

Niko Tube & Nyzhniodniprovskyi v. Council 

Lemaître Sécurité SAS v. Commission 

Whirlpool v. Council 

Dongguan Nanzha Leco Stationery Mfg. v. Council 

Xinhui Alida Polythene Ltd. v. Council 

Brossman Footwear (HK) and others v. Council 

Zhejiang Aokang Shoes Ltd. v. Council 

Wenzhou Taima Shoes Co. Ltd. v. Council 

Sun Sang Kong Yuen Shoes Factory v. Council 

Foshan City Nanhai Golden Step Industrial Co. Ltd. v. Council 

Apache Footwear Ltd. & Apache II Footwear Ltd. v. Council 

Eurochem v. Council 

Far Eastern Textile Ltd. v. Council 

Foshan Shunde Yongjian Housewares & Hardware v. Council 

Thomson Sales Europe v. Commission 

Zhejiang Harmonic Hardware Products v. Council 

Kuiburi v. Council 

Hanzhou Duralamp Electronics Co., Ltd v. Council 

Osram v. Council 

Philips Lighting Poland SA and Philips Lighting BV v. Council

B. 

Judgments, orders and other decisions rendered by the Court of Justice and the Court 
of First Instance of the European Communities during 2007 

Court of Justice 

Case C-351/04 

Ikea Wholesale Ltd. v. Commissioners of Customs & Excise 

Case C-245/05 

Metro International GmbH 

[judgment on preliminary ruling] 

EN 

146 

   EN 

 
 
[order removing the case from the register – the referring court 
discontinued the proceeding] 

Court of First Instance 

Case T-91/05 

Sinara Handel v. Council & Commission  

[order dismissing the action as inadmissible] 

Case T-174/04 

Mittal Steel Roman SA (formerly Petrotub SA) v. Council 

[order  removing  the  case  from  the  register  –  applicant 
discontinued the proceeding] 

Case T-163/06 

BA.LA di Lanciotti v. Commission 

[order  removing  the  case  from  the  register  –  application 
withdrawn by applicant] 

Case T-107/04 

Aluminium Silicon Mill Products GmbH v. Council 

[judgment] 

EN 

147 

   EN 

 
ANNEX T 

Safeguard and surveillance measures in force on 31 December 2007 

A. Safeguard measures 

List of safeguard measures in force 

Product 

Country of origin  Regulation/ Decision 

OJ Reference 

- 

- 

B. Surveillance measures 

No 

- 

- 

List of surveillance measures in force 

Product 

Country of origin  Regulation/ Decision 

OJ Reference 

Footwear products 
(surveillance) 

P.R. China 

Steel products (surveillance) 

Erga omnes 

No 

Commission Reg. 
(EC) No 117/2005 
26.01.2005 

Commission Reg. 
(EC) No 469/2005 
23.03.2005 

L 24 
27.01.2005 
p. 8 

L 78 
24.03.2005 
p. 12 

EN 

148 

   EN

 
 
 
ANNEX U 

Refunds during the period 1 January - 31 December 2007 

LODGED 

PRODUCT 

ORIGIN 

REFERENCE 

Hand pallet Trucks 

Hand pallet Trucks 

Apparel Fabrics 

Shoes 

Shoes 

Plastic sacks & bags 

Plastic sacks & bags 

Tungsten electrodes 

PR China 

PR China 

PR China 

PR China 

PR China 

PR China 

PR China 

PR China 

RF 37/04 

RF 37/05 

RF 41/03 

RF 47/03 

RF 47/04 

RF 49/01 

RF 49/02 

RF 50/01 

ONGOING ANALYSES  

PRODUCT 

ORIGIN 

REFERENCE 

Bed linen 

Bed linen 

Bed linen 

DRAMs 

DRAMs 

Shoes 

PET Film 

Pakistan 

Pakistan 

Pakistan 

South Korea 

South Korea 

PR China 

RF 33/07 

RF 33/08 

RF 33/09 

RF 40/01 

RF 40/02 

RF 47/03 

INVESTIGATION SUSPENDED 

India 

RF 39/01 

DECISIONS ADOPTED 

PRODUCT 

ORIGIN 

DECISION 

REFERENCE 

Bed linen 

Bed linen 

Hand-pallet trucks 

Hand-pallet trucks 

Aluminium foil 

Pakistan 

Pakistan 

PR China 

PR China 

Russia 

Withdrawn 

Withdrawn 

Rejected 
(partial  period) 
– No refund 

Rejected –  
No refund 

Rejected –  

No refund 

RF 33/01 

RF 33/02 

RF 37/02 

RF 37/03 

RF 43/01 

EN 

149 

   EN 

 
EN 

150 

   EN