Commission staff working document - Accompanying document to the 27th Annual Report from the Commissionto the European Parliament on the Community’s anti-dumping, anti-subsidy and safeguard activities (2008) {COM(2009573)
Date: 2009-10-26
Institutions: European Commission
Subjects: activity report, anti-dumping legislation, anti-subsidy proceeding, impact study, protective clause

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 26.10.2009 
SEC(2009) 1413 

COMMISSION STAFF WORKING DOCUMENT 

Accompanying document to the 

27th ANNUAL REPORT FROM THE COMMISSION 

TO THE EUROPEAN PARLIAMENT 

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

AND SAFEGUARD ACTIVITIES 

(2008) 

{COM(2009573)  

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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 

2.1.2.  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 

5. 

5.1. 

5.2. 

6. 

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

Country-wide market economy status (MES)............................................................ 16 

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

Vietnam ...................................................................................................................... 17 

Armenia...................................................................................................................... 17 

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

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

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

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

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

The Hearing Officer ................................................................................................... 18 

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7. 

7.1. 

7.2. 

8. 

General overview of anti-dumping and anti-subsidy investigations and measures ... 20 

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

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

Overview of activities in 2008 ................................................................................... 23 

8.1. 

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

8.1.1. 

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

8.1.2.  Provisional measures.................................................................................................. 24 

8.1.3.  Definitive measures.................................................................................................... 24 

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

8.1.5. 

Investigations terminated without measures .............................................................. 32 

8.1.6.  Details on some individual cases ............................................................................... 32 

8.2. 

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

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

8.2.2. 

Interim reviews .......................................................................................................... 40 

8.2.3. 

“Other” interim reviews ............................................................................................. 49 

8.2.4.  New exporter reviews ................................................................................................ 50 

8.2.5.  Absorption investigations .......................................................................................... 50 

8.2.6  Circumvention investigations .................................................................................... 51 

8.3. 

Safeguard investigations ............................................................................................ 53 

9. 

9.1. 

9.2. 

10. 

11. 

Enforcement of anti-dumping/countervailing measures ............................................ 54 

Follow-up of measures............................................................................................... 54 

Monitoring of undertakings ....................................................................................... 54 

Refunds ...................................................................................................................... 56 

Judicial review: decisions given by the Court of Justice / Court of First Instance .... 56 

11.1.  Overview of the judicial reviews in 2008 .................................................................. 56 

11.2.  Cases pending ............................................................................................................ 56 

11.3.  New cases................................................................................................................... 56 

11.4. 

Judgments rendered and orders issued by the Court of First Instance....................... 56 

11.4.1 

Ironing boards originating in, inter alia, China – T-206/08 – Foshan Shunde 
Yongjian Housewares & Hardware Co. Ltd. v. Council of the European Union – 
Judgment of 29 January 2008 (OJ C 64 of 08.03.2008, p. 37) .................................. 56 

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11.4.2  Seamless pipes and tubes - T-429/04 - Trubowest Handel and Makarov v Council 

and Commission - Judgment of 9 July 2008 (OJ C 209 of 15.8.2008, p.43)............. 57 

11.4.3  Ammonium Nitrate originating in Russia – T-384/05 – JSC Kirovo-Chepetsky 

Khimichesky Kombinat v Council of the European Union : Judgment of 10th 
September 2008 (OJ C 272  of 25.10.2008, p.17) ..................................................... 58 

11.4.4  Polyester staple fibres from Korea - T-221/05 - Huvis v Council of the European 

Union: Judgment of the Court of 8 July 2008 (OJ C 209 of 15.8.2008, p.44)........... 58 

11.4.5  Polyethylene terephthalate (PET) originating in, inter alia, India – T-45/06 – 

Reliance Industries  v. Council of the European Union and Commission of the 
European Communities  – Judgment of 24 September 2008 (OJ C 285 of 08.11.2008, 
p. 35) .......................................................................................................................... 59 

11.4.6 

Imports of certain graphite electrode systems originating in India- T-462/04 - HEG 
and Graphite India v Council of the European Union: Judgment of the Court of 17 
December 2008 (OJ C 32 of 7.2.2009, p.25) ............................................................. 60 

11.5. 

Judgments rendered by the Court of Justice .............................................................. 60 

12. 

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

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

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

12.1.2.  Dispute settlement procedures against the Community ............................................. 61 

12.2.  Other WTO activities ................................................................................................. 61 

13. 

Conclusion ................................................................................................................. 62 

ANNEX A ................................................................................................................................ 65 

ANNEX B ................................................................................................................................ 67 

ANNEX C ................................................................................................................................ 69 

ANNEX D ................................................................................................................................ 70 

ANNEX E ................................................................................................................................ 72 

ANNEX F................................................................................................................................. 73 

ANNEX G ................................................................................................................................ 75 

A. 

B. 

Court cases pending before the Court of Justice and the Court of First Instance of the 
European Communities on 31 December 2008 ....................................................... 131 

Judgments, orders and other decisions rendered by the Court of Justice and the Court 
of First Instance of the European Communities in 2008. ........................................ 132 

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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 2008.  

2008  saw  a  significant  increase  in  the  number  of new cases initiated  when compared to the 
previous  year,  20  as  compared  to  only  9  in  2007  (an  abnormally  low  figure).    It  should  be 
noted that this number of initiations in 2008 is closer to the average over the last five years i.e. 
24  per  year.    However,  for  some  other  activities  2008  saw  a  decrease  with  a  drop  in  the 
number  of  provisional  measures  imposed  (5)  or  new  investigations  terminated  in  the  period 
(3).  

As regards expiry review investigations, 7 investigations were initiated. In 9 expiry reviews, 
the  investigations  were  concluded  with  confirmation  of  the  duty  and  in  5  cases,  the 
investigations  were  concluded  by  termination  of  the  measures.  Regarding  interim  review 
investigations, 13 were initiated, 6 were concluded by terminating the measures and 20 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.  There were no safeguard measures in 
place at the start of 2008 and this did not change during the year. As in previous years, this 
report  continues  to  provide  an  overview  on  the  Court  cases  relating  to  the  trade  policy 
instruments.  During  2008,  6  Judgments  and  4  orders  were  rendered  by  the  Court  of  First 
Instance and 2 Judgements and 4 orders rendered by the Court of Justice. 

2008  was  the  first  full  year  of  activity  for  the  Hearing  Officer  in  DG  Trade,  who  became 
operational  in  April  2007.    The  main  task  of  the  Hearing  Officer  is  to  guarantee  the  full 
exercise of rights of defence in trade proceedings before the European Commission.  In doing 
so the Hearing Officer also contributed to improved transparency in TDI activities.  

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 

1 
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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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also  addresses  the  continuation  of  the  negotiations  on  the  Anti-dumping  and  Subsidies 
Agreements, in which the Commission continued to play an active role.  

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://ec.europa.eu/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)  codified  version  :  Council  Regulation  (EC)  No  597/2009,  OJ  L  188, 
18.07.2009, p. 93. 

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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 

In  January  2008  the  Trade  Commissioner  concluded  that  more  reflection  time  is 
needed to seek the right answers to questions which were raised during the intensive 
and  somewhat  controversial  discussion  on  the  TDI  review  process  ("Green  Paper 
discussion").  The  objective  is  that  a  reinforced  consensus  among  Member  States 
regarding the application of our TDI rules would substantially increase the efficiency 
of our system. In the course of the year 2008 – taking into account the approach of 
reflection time – exchanges of views between all stakeholders concerned took place. 

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:  

i. 
a  low  degree  of  government  influence  over  the  allocation  of  resources  and 
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; 

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

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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; 

v. 
the existence of a genuine financial sector which operates independently from 
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.  

2008,  saw  the  continued  evaluation  of  five  requests  for  country-wide  MES  by  the 
Commission (China, Vietnam, Armenia, Kazakhstan and Mongolia).  

These five applicant countries are at different stages of progress in terms of meeting 
the  five  criteria  for  MES.    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 and the first of the 
five to have requested the status. 

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

The eight meeting of the EU-bilateral MES Working Group took place in China in 
April  2008.  Following  on  from  that  the  Commission  completed  a  comprehensive 
evaluation  of  China's  progress  towards  fulfilling  the  four  outstanding  criteria  for 
MES. The resulting technical assessment report was discussed with Member States 
in September 2008 and got unanimous support. The report concluded that China had 
the  legislation  largely  in  place  which  is  necessary  to  obtain  MES  but  that  the 
effective  implementation  of  these  laws  is  necessary  before  MES  can  be  granted. 
Although none of the four outstanding criteria have reached the necessary level the 
Commission  considered  that  the  progress  provided  a  clear  platform  for  success, 
provided the right targeted measures are taken. The results of the report were shared 
with the Chinese at a high level meeting in the latter half of 2008. At the end of 2008 
China has requested to organise a next meeting of the MES Working Group which is 
scheduled to take place mid-2009. The Commission will continue their evaluation in 
close cooperation with relevant Chinese's authorities. 

4.2 

Vietnam 

The last preliminary assessment report on Vietnam had been prepared in 2006. Up to 
the  end  of  2007  several  bilateral  meetings  took  place  at  which  Vietnam  provided 
information  and  documents  relevant  for  further  assessment.  
comprehensive 
Additional  meetings  took  place  in  the  course  of  2008  at  which  Vietnam's  MES 
request were discussed.  At the end of 2008 the Commission started to draft a further 
assessment report which is expected to be ready for discussion with Member States 
in the second half of 2009.  

4.3 

Armenia 

During 2008 a number of bilateral contacts with Armenia took place where the MES 
issue was further discussed.  Additional information was provided by the authorities 

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17 

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during  the  year.  In  addition  the  first  anti-dumping  case  was  initiated  concerning 
Armenia which involved a claim for MET by an Armenian exporter. The information 
gathered in that context was also analysed in the context of the overall assessment of 
Armenia's progress towards MES which was ongoing during 2008.  

4.4 

Kazakhstan 

The Commission had sent to the Kazakh authorities a number of questions regarding 
their progress in relevant areas at the beginning of 2007. The final official replies to 
these questions from the Kazakh authorities have been received by the Commission 
in  May  2008.    Subsequently,  the  Commission  started  analysing  the  information 
which  the  Kazakh  authorities  have  submitted  as  well  as  information  from  external 
sources. 

4.5 

Mongolia 

During 2008, work continued on the assessment of Mongolia's request for  MES.  In 
this  context  a  specific  fact-finding  MES  mission  was  planned  to  Mongolia  for 
October 2008. However Mongolia postponed the mission.  The mission is scheduled 
to take place in 2009.   

5. 

INFORMATION AND COMMUNICATION ACTIVITIES / BILATERAL CONTACTS 

5.1. 

Small and medium sized enterprises (SMEs) 

The Trade Defence Helpdesk for SMEs was set up in view of the complexity of TDI 
proceedings,  especially  for  SME's,  because  of 
their 
fragmentation. Its role is to address specific SME questions and problems regarding 
TDIs,  both  of  a  general  nature  or  case-specific.  A  part  of  the  TDI  website  is 
dedicated to SMEs, and refers to the Trade Defence Helpdesk contact points. In 2008 
these  contact  points  received  many  requests  for  information,  which  were  all 
immediately addressed. These requests concerned both the procedures and content of 
TDI proceedings. 

their  small  size  and 

5.2. 

Seminars 

In 2008 the TDI Services continued with information and training seminars for third 
country  government  representatives  and  for  economic  operators,  both  within  and 
outside  the  EU.      Regarding  third  countries,  seminars  on  anti-dumping  have  been 
held  for  the  following:  Indonesia,  Serbia,  Jordan,  Ukraine,  GCC,  Albania  and 
Lebanon. In addition a round table discussion was held with India on subsidy issues.  
There  were  also  a  number  of  meetings  with  key  stakeholder  associations  and 
companies in 2008, including a number of events with Business Europe as well as a 
one-day seminar with the most important industry associations in October 2008.   

6. 

THE HEARING OFFICER 

2008  was  the  first  full  year  of  activity  for  the  Hearing  Officer  for  DG  Trade,  who 
became operational in April 2007.  The Hearing Officer is administratively attached 
to  the  Director  General  of  DG  Trade  but  acts  independently.  He  reports  to  the 
Director General.  

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18 

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The  main  task  of  the  Hearing  Officer  is  to  guarantee  the  full  exercise  of  rights  of 
defence  in  trade  proceedings  before  the  European  Commission.    The  rights  of 
defence  include  not  only  the  right  to  be  heard  and  to  have  access  to  the  file  but 
comprises a wider set of rights described in the EU Charter of Fundamental Rights as 
follows:  the  right  of  every  person  (i)  "to  be  heard,  before  any  individual  measure 
which  would  affect  him  or  her  adversely  is  taken",  (ii)  "to  have  his  or  her  affairs 
handled impartially, fairly and within a reasonable time" and (iii) "to have access to 
his  or  her  file,  while  respecting  the  legitimate  interests  of  confidentiality  and  of 
professional  and  business  secrecy".  The  Hearing  Officer  also  advises  the  Director 
General of DG Trade on issues related to due process and good administration and 
on any issues arising out of trade proceedings, where appropriate.  

In  2008  the  Hearing  Officer  received  19  requests  for  hearings  in  11  anti-dumping 
proceedings  (including  one  undertaking)  and  held  16  hearings.    In  three  cases  the 
Hearing Officer resolved the issues without holding a hearing.  Most of the hearings 
were individual hearings chaired by the Hearing Officer between an interested party 
and  the  Commission  investigation  services.    The  Hearing  Officer  also  held  two 
adversarial  meetings  during  which  interested  parties,  including  the  Community 
industry, the exporting producers and the importers could present their arguments. 

The most frequent reason for interested parties to refer to the Hearing Officer appears 
to be a need for more detailed explanations provided by the investigation services, in 
particular when the claims or the arguments of these parties are rejected.  A number 
of interested parties also addressed the quality of the non-confidential files.  Six of 
the  16  hearings  held  related  to  objections  to  the  party  being  considered  non-
cooperating pursuant to Article 18 of the basic AD Regulation.  The Hearing Officer 
intervened on a number of requests to review MET/IT conclusions and on arguments 
concerning  injury  and  Community  interest.    In  two  cases  the  product  scope  of  the 
investigation  was  put  into  question.    Until  now,  the  intervention  of  the  Hearing 
Officer with regard to issues pertaining to dumping calculations is limited. 

In  the  majority  of  the  cases  (about  70%)  the  Hearing  Officer  organised  a  hearing 
within  two  to  five  days  after  the  request.    This  is  partly  due  to  the  fact  that  the 
Hearing  Officer’s  intervention  was  requested  at  the  very  last  moment  in  the 
proceeding.    Nevertheless,  in  most  of  the  cases  the  intervention  of  the  Hearing 
Officer  helped  the  parties  to  identify  the  main  problems  and  receive  additional 
explanations from the investigation services.  In two cases the consideration of some 
additional arguments of the parties led to substantial changes to the situation of the 
parties  concerned.    The  analysis  of  the  Hearing  Officer's  interventions,  however, 
shows that the latter are more effective if the Hearing Officer is involved at an earlier 
stage of an investigation. 

The Hearing Officer was also associated in a number of policy discussions related to 
due  process  issues  undertaken  by  the  TDI  services.    He  also  cooperated  with  the 
Directorate responsible for the implementation of the Trade Barriers Regulation on a 
couple of issues. 

In  most  cases,  the  interventions  of  the  Hearing  Officer  were  assessed  positively  by 
both interested parties and the investigation services. 

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The  adoption  of  a  Commission  decision  on  the  terms  of  reference  for  the  Hearing 
Officer of DG Trade is currently being discussed.  Such a decision will be based on 
the experience gained during the first two years and will provide a formal legal basis 
which enhances the role of the Hearing Officer. 

7. 

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

2008  saw  a  significant  increase  in  the  number  of  new  investigations  initiated  as 
compared to the previous year.  The number of definitive measures imposed showed 
a  slight  increase  while  the  number  of  provisional  measures  imposed  was  less  than 
half  of  the  previous  year.  Below  are  details  on  new  investigations  and  review 
investigations. 

7.1. 

New investigations 

At  the  end  of  2008,  the  Community  had  128  anti-dumping  measures  and  8 
countervailing measures in force11. The anti-dumping measures covered 64 products 
and 29 countries (see Annex O); the countervailing measures covered 6 products and 
3  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  128  anti-dumping  measures  in  force  at  the  end  of  2008  the  main  countries 
affected were China 48, Russia and India 8 each,  Thailand 7, Ukraine and Taiwan  6 
each,  Korea and Indonesia – 5 each and Malaysia, USA and Vietnam – 4 each. Of 
the 8 anti-subsidy measures in place the majority concern imports from India – 6 in 
total, with 1 each for 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  2008,  only 
0.6%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 
2004 – 2008.  

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 2004 - 31 December 2008713 

Investigations in progress at the beginning of 
the period 

2004 

2005 

2006 

2007 

2008 

15 

31 

28 

33 

42 

Investigations initiated during the period 

Investigations in progress during the period 

29 

44 

26 

57 

36 

64 

9 

42 

20 

62 

Investigations concluded : 

imposition of definitive duty or 

- 
acceptance  

of undertakings 

- 

terminations14 

11 

19 

13 

12 

16 

2 

10 

18 

10 

3 

Total investigations concluded during the 
period 

13 

29 

31 

22 

16 

Investigations in progress at the end of period 

31 

Provisional measures imposed during the 
period 

6 

28 

15 

33 

13 

20 

12 

46 

5 

Details on the conclusions can be found under heading 9.1. 

7.2. 

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 2004 to 2008, a total of 202 review investigations 
were  initiated.  These  review  investigations  represented  65%  of  all  investigations 
initiated in that period. 

In  2008,  23  reviews  were  initiated.  Of  these,  7were  expiry  reviews,  13  interim 
reviews, 1 newcomer review, 1 other review and 1 circumvention investigation. 

An overview of the review investigations in 2008 can be found in Annexes F to K. 
Table 2 provides statistical information for the years 2004 - 2008. 

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 

2004 

2005 

2006 

2007 

2008 

53 

42 

63 

52 

46 

Reviews initiated during the period 

Reviews in progress during the period 

43 

96 

Total reviews concluded during the period16 

5417 

Reviews in progress at the end of the period 

42 

57 

99 

36 

63 

35 

41 

98     

93 

46 

52 

47 

46 

23 

68 

37 

31 

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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8. 

OVERVIEW OF ACTIVITIES IN 2008 

8.1. 

New investigations 

8.1.1. 

Initiations 

In 2008, 18 new anti-dumping investigations and 2  new anti-subsidy investigations 
were  initiated  in  the  period.  The  anti-dumping  investigations  involved  10  different 
products  from  11  different  countries.  The  anti-subsidy  investigations  involve  2 
products both from the USA. Details of these investigations are given in Annex A. 
The  country  most  affected  by  the  anti-dumping  investigations  is  China  with  6 
investigations, followed by the Turkey and USA with 2 each and Armenia, Belarus, 
Brazil,  Korea,  Moldova,  Taiwan,  Thailand  and  Ukraine  all  with  1  each.  The  main 
sector concerned by these new cases is steel.  

In  the  five-year  period  from  2004  to  2008,  120  investigations  were  initiated  on 
imports  from  29  countries.  The  main  sectors  concerned  by  the  investigations  were 
iron and steel with 34 investigations, chemical and allied  with 28 investigations and 
both  electronics  and  other  metals  with  12  investigations  each.  A  breakdown  of  the 
product sectors is given in Annex B(A). 

The main countries concerned during the period from 2004 to 2008 were the People's 
Republic of China with 41 investigations, Taiwan and USA with 8 each, Russia with 
7,  Korea,  Malaysia  and  Thailand  with  6  each,  Ukraine  with  5,  Vietnam  with  4, 
Belarus,  India  and  Turkey  with  3  each  and  Hong  Kong,  Kazakhstan  and  Romania 
with  2  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 2008 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  

Originating from Complainant 

Stainless steel cold rolled 
flat products  - AD 

PSC Wires and strands - 
AD 
Candles, tapers and the like 
- AD 
Wire rod - AD 

Biodiesel - AD  
Seamless pipes and tubes of 
iron or steel - AD 
Aluminium foil - AD 

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

P.R. China 

P.R. China 
Moldova (Rep.of) 
Turkey 
USA 
P.R. China 

Armenia 

EUROFER 

Eurostress Informaion Service 
(ESIS) 
Community Producers 

EUROFER 

European Biodiesel Board  
Defence Committee of the seamless 
steel tubes industry of EU.  
EUROMETAUX  

EN 

23 

   EN 

 
Brazil 
P.R. China 

USA 
Belarus 
Turkey 
Ukraine 

Thailand 

USA 
USA 

Sodium metal - AD  
Hollow sections - AD 

Ring binder mechanisms - 
AD  
Biodiesel (AS) 
Sodium Metal (AS) 

8.1.2.  Provisional measures 

Métaux Spéciaux 
Defence Committee of the Welded 
Steel Tubes industry of the EU 

Ring Alliance Ringbuchtechnik 
Gmbh 
European Biodiesel Board 
Métaux Spéciaux 

In  2008,  provisional  duties  were  imposed  in  5  anti-dumping  proceedings.  They 
involved imports of 5 products all from P.R. China. As shown in Table 1 (see point 
8.1), this figure compares to 12 in 2007 and 13 in 2006. 

The alphabetical list of cases where provisional measures were imposed during 2008 
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 

Citric Acid 

Originating from  Type18 and level of measure 

P.R. China 

AD: 13.2% - 49.3% 

Monosodium glutamate 
Citrus Fruits 

P.R. China 
P.R. China 

AD: 33.8% - 39.7% 
AD: €/tonne 330 – 482.2 

PSC Wires and Strands 
Candles, tapers and the like 

P.R. China 
P.R. China 

AD: 2.1% – 52.2% 
AD: €/per tonne of fuel 0-
671.41 

8.1.3.  Definitive measures 

During  2008,  definitive  duties  were  imposed  in  16  anti-dumping  cases.  They 
involved imports from 9 different countries and covered 10  products. The People’s 
Republic  of  China  featured  with  7  measures,  followed  by  Russia  with  2  measures 
and Belarus, Thailand, South Africa, Egypt, F.Y.R.O.M., India  and Kazakhstan with 
1 measure each. 

The alphabetical list of cases where definitive measures were imposed during 2008 
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. 

18 

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

EN 

24 

   EN 

 
 
 
 
 
 
 
 
                                                 
Product 

Originating from 

Type19 and level of measure  

Dihydromyrcenol 

India 

Ferro-silicon 

P.R. China 
Egypt 
Kazakhstan 
F.Y.R.O.M 
Russia 

Manganese dioxides 

South Africa 

AD: 3.1% - 7.5% 

AD: 15.6% - 31.2% 
AD: 15.4% - 18% 
AD: 33.9% 
AD: 5.4% 
AD: 17.8% - 22.7% 
AD 17.1% 

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

P.R. China 

AD 25.8% 

Compressors 

P.R. China 

Sweet corn (prepared or 
preserved, in kernels) 

Thailand 

Monosodium glutamate 

P.R. China 

Citric acid 

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

Citrus fruits 

P.R. China 

Belarus 
P.R. China 
Russia 

P.R. China 

AD: 10.6% - 77.6% 

AD: 3.1% - 14.3% 
AD:33.8%-39.7% 

AD: 66% - 42.7% 

AD: 38.1% 
AD: 90.6% 
AD: 10.1% - 20.5% 

AD: €/tonne 361.4 – 531.2 

8.1.4  Details on individual cases (in alphabetical order) 

Compressors  originating in P.R. China 

The proceeding was initiated on 21 December 2006, following a complaint lodged by 
  The 
Federazione  ANIMA/COMPO  on  behalf  of  Community  producers. 
investigation period ran from 1 October 2005 to 30 September 2006 and injury was 
considered  over  a  period  of  2  years  and  9  months,  from  1  January  2003  to  30 
September 2006.  There were no provisional measures imposed.  

Dumping 

Owing  to  the  large  number  of  exporters  sampling  was  applied.  6  companies  or 
groups  were  selected.  Of  those  five  requested  MET.    It  was  granted  in  two  cases. 
Three companies were granted IT.     

For  those  companies  who  were  granted  MET,  normal  value  could  not  be  based  on 
their  domestic  sales  given  that  they  had  almost  non-existent  sales  on  their  home 
market.  Normal value was therefore constructed using manufacturing costs to which 

19 

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

EN 

25 

   EN 

 
 
 
 
 
 
                                                 
a reasonable amount for selling, general and administrative expenses and profit was 
added.      

For  other  Chinese  companies,  normal  value  was  calculated  using  date  from  an 
analogue country, i.e. Brazil.  The normal value and export prices were compared on 
an  ex-works  basis  and  at  the  same  level  of  trade.  This  resulted  in  margins  ranging 
between 10.6% and 77.6%.    

Injury 

Between  2003  and  the  IP,  the  volume  of  the  dumped  imports  of  the  product 
concerned originating in the PRC increased massively, by 182 % and their share of 
the Community market grew by over 35 percentage points.  The average prices of the 
dumped  imports  were  considerably  lower  than  those  of  the  Community  industry 
during the period considered. Moreover, during the IP, the prices of imports from the 
PRC significantly undercut those of the Community industry. On a weighted average 
basis,  price  undercutting  was  in  the  IP,  between  22  %  and  43  %.    Injury  margins  
ranged between 61.3% and 160.8%, all higher than the dumping margins.  

Causation 

The investigation found that the coincidence in time between, on the one hand, the 
massive  increase  in  dumped  imports  from  the  PRC,  the  corresponding  increase  in 
market  shares  and  the  undercutting  found  and,  on  the  other  hand,  caused  the 
deterioration in the situation of the Community industry and that the dumped imports 
caused the material injury suffered by the Community industry. 

The  investigation  showed  that  the  export  performance  of  the  Community  industry 
might  have  contributed,  to  a  limited  degree,  to  the  injury  suffered,  but  not  to  the 
extent that would break the causal link. Other known factors were analysed but were 
found not to have contributed to the injury suffered.  

Community Interest 

The investigation found that, in view of the high dumping and injury margins, in this 
particular case, and on the basis of the information submitted there was not enough 
evidence  to  conclude  that  the  imposition  of  measures  would  be  against  the 
Community interest. 

Should, however, in spite of the imposition of duties, the situation prevailing prior to 
the imposition of measures (in particular the 53 % market share of imports from the 
PRC  and  the  relatively  small  market  share  of  cooperating  producers  in  the 
Community)  remain  unchanged,  the  cost  of  the  possible  duty  to  be  borne  by 
consumers  and  economic  operators  in  the  Community  (including  importers,  traders 
and retailers) might be considered, in the long run, to be greater than the benefit for 
the Community industry. Therefore, the measures were imposed for two years with 
certain reporting requests made, in particular, to Community producers. 

Measures 

EN 

26 

   EN 

Given  that  the  injury  margins  were  between  61,3  %  and  160,8  %  and  in  all  cases 
higher than the respective dumping margins, measures were imposed in March 2008 
at the level of the dumping duties ranging between 10.6% and 77.6%.  

Ferro-silicon  originating  in  the  People's  Republic  of  China,  Egypt,  Kazakhstan, 
F.Y.F.O.M. and Russia  

The  proceeding  was  initiated  in  November  2006,  following  a  complaint  lodged  by 
the  Comité  de  Liaison  des  Industries  de  Ferro-Alliages  (Euroalliages)  on  behalf  of 
producers representing more than 90% of the total Community production of FeSi.  

FeSi is used in the iron and steel industry as an alloy and deoxidiser. FeSi production 
takes place in electric arc furnaces by means of reducing quartz using carbon-bearing 
products. The investigation period (IP) was 1 October 2005 to 30 September 2006. 
The examination of trends relevant for the injury assessment covered the period from 
1 January 2003 to 30 September 2006. 

Dumping 

The People's Republic of China 

Of  the  cooperating  exporting  producers,  three  applied  for  Market  Economy 
Treatment  (MET),  but  only  one  was  successful.  One  of  the  two  cooperating 
exporters, who had failed to fulfil the MET criteria, demonstrated that it met all the 
requirements for Individual Treatment (IT). 

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.  Norway  was  chosen,  as  it  is  one  of  the  biggest  FeSi  producers 
worldwide with a competitive market. 

For  the  companies  granted  MET  or  IT,  the  comparison  of  the  weighted  average 
normal value of each type of the product concerned with the weighted average export 
price of the corresponding type of the product concerned yielded margins of 15.6% 
and  29.0%.  As  cooperation  with  the  investigation  was  low,  the  country-wide 
dumping  margin  applicable  to  all  other  exporters  in  the  PRC  was  calculated  at 
55.6%.  This  was  set  at  a  level  corresponding  to  the  weighted  average  dumping 
margin of the most representative product type with the highest dumping and injury 
margin on the basis of an assessment per cooperating exporting producer.  

Egypt 

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 15.4% 
and 24.8%. Given the high level of cooperation, the residual margin applicable to all 
other  Egyptian  exporters  was  set  at  the  same  level  as  the  highest  dumping  margin 
established for a cooperating producer, i.e., 24.8%. 

Kazakhstan 

EN 

27 

   EN 

 
In  the  absence  of  cooperation,  a  countrywide  dumping  margin  was  calculated  at 
37.1%.  This  was  based  on  a  comparison  between  export  price  data  provided  by 
Eurostat and the normal value in the analogue country. 

Former Yugoslav Republic of Macedonia 

The cooperating exporting producer is the only known FeSi producer in the country. 
The comparison of the normal value and export prices on an ex-works basis yielded a 
duty margin of 5.4%. The residual margin applicable to all other exporters was set at 
the same level as the dumping margin established for the sole producer, i.e., 5.4%. 

Russia 

The  two  cooperating  exporting  producers  are  the  only  know  FeSi  producers  in 
Russia. The comparison of the normal value and export prices on an ex-works basis 
yielded duty margins of 22.7% and 17.8%. Given the high level of cooperation, the 
residual margin applicable to all other Russian exporters was set at the same level as 
the highest dumping margin established for a cooperating producer, i.e., 22.7%. 

Injury  

In order to ascertain the existence of material injury to the Community industry (CI), 
the  effects  of  the  imports  from  the  countries  under  investigation  were  assessed 
cumulatively.  

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 to the detriment of the market share of the CI. 
Furthermore, during the IP, the import prices undercut the prices of the CI between 
4% and 11% depending on the exporting producer concerned, with the exception of a 
Russian, Egyptian and the sole exporting producer in the former Yugoslav Republic 
of Macedonia for which no undercutting was found. Price levels during the IP were 
found to be unsustainable since the CI was forced to sell below full cost in order to 
stay in the market. 

The analysis of the injury indicators shows a significant deterioration in the condition 
of  the  Community  industry:  production,  capacity  utilisation  and  market  shares  all 
declined.  Although  some  injury  indicators  showed  positive  trends,  the  overall 
analysis demonstrated that the Community industry had suffered material injury. 

Causation 

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 sharp increase in costs, in particular raw materials 
and  electricity  suffered  by  the  CI.  Nevertheless,  it  was  found  that  the  presence  of 
low-priced  dumped  imports  did  not  allow  the  CI  to  pass  on  the  full  effect  of  its 
increases in costs in its sales prices. As such, the effect of other factors was not found 
to be a cause of the injury suffered by the Community industry. 

Community Interest 

EN 

28 

   EN 

The  Commission  carefully  examined  the  interests  of  importers  and  users,  in 
particular foundries and steel producers. Out of the 500 questionnaires sent to users, 
only  eight  cooperated  -  representing  around  24  %  of  the  total  Community 
consumption  of  FeSi  during  the  IP.  However,  it  was  concluded  that  the  impact  of 
anti-dumping  duties  would  have  a  negligible  effect  on  the  overall  turnover  of  the 
importers and steel producers, which in any event could be passed on to consumers. 
What is more, the possible price increases would be likely, in any event, limited due 
to the availability of alternative sources without any duties and it was concluded that 
there were no compelling reasons against the imposition of measures.  

Definitive Measures  

Definitive  measures  were  imposed  on  28  February  2008,  some  based  on  dumping 
margins, some on the injury margins whichever was lower, on imports from the PRC 
(ranging  from  15.6%  to  31.2%),  Egypt  (15.4%  to  18%),  Kazakhstan  (33.9%),  the 
former Yugoslav Republic of Macedonia (5.4%)  and Russia (17.8% to 22.7%). 

Undertakings 

Following  disclosure  of  the  definitive  findings,  four  exporters  offered  price 
undertakings.  However,  in  view  of  the  high  volatility  in  prices  for  the  product 
concerned,  the  undertakings  offered  could  not  be  accepted  and  the  undertaking 
offered  by  the  exporting  producer  in  the  former  Yugoslav  Republic  of  Macedonia, 
and accepted at provisional stage, was withdrawn. 

Welded tubes or pipes, of iron or non-alloy steel originating in the People's Republic 
of China  

An investigation was initiated on imports of Welded tubes and pipes, of iron or non-
alloy  steel  originating  in  Belarus,  PR.  China  and  Russia  in  September  2007  on  the 
basis  of  a  complaint  lodged  by  the  Defence  Committee  of  the  Welded  Steel  Tube 
Industry of the European Union (the Defence Committee).  

The investigation period was from 1 July 2006 to 30 June 2007 with injury analyis 
covering the period from 1 January 2004 to 30 June 2007.    

Dumping 

China. 

Due to the large number of exporters a sample of 6 Chinese producers was selected, 
all of which claimed MET or IT (should they fail to meet the criteria for the former). 
None of the companies fulfilled either the MET or the IT criteria.   

Normal value for China was therefore established on the basis an analogue country, 
namely the USA.  

The  dumping  margin  was  calculated  using  the  export  price  provided  by  the 
cooperating  exporters  in  the  questionnaire  replies,  with  the  exception  of  one  entity 
owing  to  incomplete  information.  The  country-wide  level  of  dumping  was 
established at 130,8 % of the CIF Community frontier price. 

EN 

29 

   EN 

 
Russia 

Two exporters co-operated with the investigation. Normal value was based on prices 
paid  or  payable,  in  the  ordinary  course  of  trade,  by  independent  customers  in  the 
Russian Federation  

Regarding  manufacturing  costs  it  was  established  that  the  price  paid  for  gas  was  a 
quarter  of  the  export  price  of  gas  from  Russia.  As  a  result,  for  those  product  types 
where the normal value was constructed, an adjustment for the gas cost was made.   

The export price was based on prices paid  or payable by independent customers in 
the Community. For those cases where exports to the Community were made via a 
related  importer  located  in  the  Community,  a  constructed  export  price  was 
established  in  accordance  with  the  basic  Regulation.  Appropriate  adjustments 
concerning credit, transport costs and ancillary charges were made where they were 
found to be warranted and supported by verified evidence. 

The  comparison  of  normal  value  and  export  price  showed  dumping  ranging  from 
10.1%  to  22.7%.  Given  the  high  level  of  cooperation  fro  Russian  exporters  the 
residual dumping margin was also set at 22.7%. 

Belarus 

Belarus  is  not  considered  a  market-economy  country.  Therefore  the  normal  value 
was  determined  on  the  basis  of  data  obtained  from  a  producer  in  the  analogue 
country, i.e. USA.  

The export price had to be constructed for the only know Belorussian exporter. This 
was  due  to  the  existence  of  a  tolling  agreement  with  a  German  importer  who 
supplied  the  exporter  with  raw  materials  covering  the  expenses  relating  to  their 
importation  into  Belarus  as  well  as  transport  costs  for  the  final  product  into  the 
Community all the while remaining the owner of the product coming from Belarus.  
The export price was constructed on the basis of the price of the product concerned 
sold to the first independent customer of the cooperating German importer to which 
certain  adjustments  had  to  be  made    On  this  basis  the  level  of  dumping  was 
established at 92,4 % of the CIF Community frontier price. 

Injury 

Since  2005,  import  volumes  increased  considerably  both  in  absolute  and  relative 
terms. Together, their market share increased from around 6 % in the year 2004 to 
around  10  %  in  2005  and  from  that  level  to  around  19  %  in  the  IP.  Moreover  the 
dumped imports from these countries showed individually a significant level of price 
undercutting.  Underselling  margins  were  substantial,  reflecting  the  fact  that  the 
Community  industry  was  incurring  losses.    Community  industry  indicators  also 
showed  an  overall  negative  evolution  during  the  period  under  consideration  and 
demonstrated that material injury has taken place.   

Causation 

The coincidence in time between, on the one hand, the increase of dumped imports 
from  the  cumulated  countries,  their  increase  in  market  share,  the  undercutting  and 

EN 

30 

   EN 

underselling  found,  and  on  the  other  hand,  the  deterioration  of  the  situation  of  the 
Community  industry  led  to  the  conclusion  that  the  dumped  imports  caused  the 
material injury suffered by the Community industry. 

Other factors were examined in the context of the causation analysis including, the 
export performance of the Community industry, rise in the unit cost of production for 
Community producers as well as the effect of imports from other third countries.  It 
was concluded that these factors did not break the causal link between the dumped 
imports and the injury suffered 

Community interest 

It was considered that the imposition of anti-dumping measures on imports from the 
countries concerned would help the Community industry to stop losing market share, 
regain  lost  sales  and  return  to  adequate  profitability.  It  was  considered  that  if  anti-
dumping  measures  were  not  imposed,  the  Community  industry  would  likely  face 
growing  unfair  competition  problem  which  would  drive  certain  Community 
producers  out  of  the  market.    Certain  negative  effects  of  the  imposition  of  anti-
dumping  measures  were  also  addressed  including  a  a  decrease  in  the  volume 
imported and moderate costs increases for importers/stockists and users/ consumers, 
due to a higher sales price of the product concerned in the Community. However this 
was not found to outweigh the benefits of measures.  

Anti-dumping measures 

Based on the lesser duty rule, anti-dumping duties were imposed in December 2008  
at the following levels: for Chinese companies 90,6%; for Russian companies 10,1% 
and for Belarus' companies: 38,1%. Two exporting producers in Russia and the sole 
in  Belarus  offered  price  undertakings  but  both  were  rejected  owing  to  the  volatile 
nature  of  the  pricing  for  this  product  as  well  as  the  many  different  product  types 
involved.   

EN 

31 

   EN 

 
8.1.5. 

Investigations terminated without measures 

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

In  2008,  3  new  anti-dumping  proceedings  (no  anti-subsidy  proceedings  terminated 
without measures) were concluded without measures, compared to 10 in 2007 and 18 
in 2006.  

The  alphabetical  list  of  cases  which  were  terminated  without  the  imposition  of 
measures during 2008 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) 

Polyvinyl alcohol 

Originating from  Main reason for termination 

P.R. China 
Taiwan 

P.R. China: Lack of causal link 
Taiwan: De minimis dumping 

De minimis dumping 

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

Bosnia & 
herzegovina 

8.1.6.  Details on some individual cases 

Polyvinyl alcohol originating in the People's Republic of China and Taiwan  

The  proceeding  was  initiated  in  December  2006  based  on  a  complaint  lodged  in 
November 2006 by Kuraray Specialties Europe GmbH representing the Community 
industry.    The  investigation  period  covered  1  October  to  30  September  with  injury 
trends  analysed  over  the  period  January  2003  to  September  2006.  Provisional 
measures  were  imposed  on  imports  from  PRC  in  September  2007  with  no 
provisional measures imposed on imports from Taiwan.  

Product concerned is defined as certain copolymeric polyvinyl alcohols (PVA) based 
on a homopolymeric polymerisation with a viscosity (measured in 4 % solution) of 3 
mPas or more but not exceeding 61 mPas and a degree of hydrolysis of 84,0 mol % 
or more but not exceeding 99,9 mol % declared within CN code ex 3905 30 00. 

Dumping 

Taiwan 

The  sole  cooperating  Taiwanese  company,  Chang  Chun  Petrochemical  Co.  Ltd. 
(CCP)  was  the  only  exporting  producer  of  the  product  concerned  in  Taiwan, 

20 

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

EN 

32 

   EN 

 
 
 
 
                                                 
accounting for 100 % of the Taiwanese exports to the EC during the I.P.   Normal 
value was based on domestic sales in Taiwan.   Export prices were based on prices to 
the  Community  for  the  product  concerned.  The  comparison  revealed  a  dumping 
margin  of  less  than  2%.  Given  the  de  minimis  margin  the  investigation  concerning 
Taiwanese imports was terminated.   

People's Republic of China (PRC) 

One company applied for MET or IT if the former was not successful. However they 
failed  on  both  counts.    As  the  PRC  is  an  economy  in  transition,  an  appropriate 
analogue  country  had  to  be  used  in  order  to  establish  normal  value.    In  this  case 
Taiwan was chosen and normal value based on prices paid on their domestic market. 
Export  prices  were  based  on  those  of  the  cooperating  exporters  to  the  Community 
with  the  data  cross-checked  with  that  of  Eurostat.      The  comparison  between  the 
normal value and the export price revealed a dumping margin of 10%. 

Injury 

As the dumping margin found for Taiwan was de minimis, imports originating in that 
country were excluded from the injury assessment.  

Between  2003  and  the  IP,  a  number  of  injury  indicators  developed  positively:  the 
Community industry managed to increase its sales volumes and market share, and it 
invested  significantly  in  additional  production  capacity.  However,  its  financial 
indicators  developed  dramatically:  the  reasonable  profit  margin  achieved  in  2003 
decreased very rapidly and continuously as from 2004 to the end of the IP. Return of 
investment and cash flow situation developed exponentially negative. This was due 
to the steep increase in raw material prices which could not be reflected in the sales 
prices  of  the  like  product.  During  the  IP,  the  prices  of  the  imports  from  the  PRC 
undercut those of the Community industry, on a weighted average basis by 3,3%.  It 
was therefore concluded that the Community industry suffered material injury. 

Causation 

The investigation confirmed that the dumped imports did not have a material impact 
on  the  injury  of  the  Community  industry.  Given  the  relatively  limited  and  only 
slightly increasing market share of the dumped imports from the PRC (from 11,3 % 
to  12,9  %)  and  the  much  more  important  and  slightly  increasing  market  share  of 
Community industry sales (during the IP more than threefold the market share of the 
PRC)  and  the  limited  undercutting  of  the  imports  from  the  PRC,  it  was  concluded 
that the low prices on the Community market in a context of increasing raw material 
prices, strongly contributed to the injury suffered by the Community industry and it 
could  not  be  attributed  to  the  dumped  imports  from  the  PRC.  The  causal  link 
between the dumped imports from  the  PRC  and the material injury suffered by the 
Community industry could therefore not be sufficiently established. 

Termination of the proceeding 

Given  the  dumping  margin  determined  for  Taiwan  was  de  minimis  the  lack  of 
evidence for a casual link between dumping and injury for imports from the PRC the 
proceeding was terminated in March 2008. 

EN 

33 

   EN 

8.2. 

Review investigations 

8.2.1.  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  2008,  2  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 434 measures have been allowed to expire automatically. 

8.2.1.1.  Initiations 

During  2008,  7  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 

Tube or pipe fittings of iron 
or steel * 

P.R. China 
Thailand 

Footwear with uppers of 
leather 

P.R. China 
Vietnam 

Defence Committee of the 
steel butt-welding fittings 
industry of the EU.  

European  Confederation  of 
the Footwear Industry 

Ethanolamines 

USA 

Furfuryl alcohol 

P.R. China 

Community Producers 

International Furan 
Chemicals BV 

21 

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

EN 

34 

   EN 

 
 
 
 
 
                                                 
Ring binder mechanisms 

P.R. China 

Ring Alliance  
Ringbuchtechnik GmbH 

8.2.1.2.  Reviews concluded with confirmation of duties 

During  2008,  9    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 2008, 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 

Powdered activated 
carbon (PAC) 
Coumarin 

P.R. China 

P.R. China 

Ammonium nitrate 

Russia 

Sulphanilic acid 

P.R. China 
India 

Tube or pipe fittings 
of iron or steel 

Korea (Rep. of) 
Malaysia 

Result of the investigation/ Type22 and 
level of measure 

Confirmation of duty/ AD 
Level of duty 38.6% 
Confirmation of duty/ AD 
Level of duty €3479 per tonne 
Confirmation of duty/ AD fixed rate 
of duty depending on product and also 
supplier ranging from €28.88 to 
€47.07 per tonne 
Confirmation of duty/ China:AD 
33.7% 
India:AD 18.3%   
Confirmation of duty/ AD  
Korea: 44%  
Malaysia:59.2% to 75% 

Sulphanilic acid 
(AS) 
Welded tubes and 
pipes, of iron or non-
alloy steel 

India 

Thailand 
Ukraine 

Confirmation of duty / 
AS/  4.7% 
Confirmation of duty/ AD  
Thailand: 21.7%  - 35.2% 
Ukraine:10.7% to 44.1% 

8.2.1.3   Details on some individual cases  

Ammonium nitrate (AN) originating in Russia 

The  expiry  review  was  initiated  in  April  2007,  following    a  request  lodged  by  the 
European  Fertiliser  Manufacturers  Association  (EFMA),  on  behalf  of  producers 
representing more than 50% of the total Community production of AN. The expiry 
review was combined with a partial interim review limited in scope to dumping with 

22 

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

EN 

35 

   EN 

 
 
 
 
 
                                                 
regard to one exporting producer.   The product concerned is solid fertilisers with an 
ammonium nitrate content exceeding 80% by weight. 

The investigation period for the expiry review (RIP) covered the period from 1 April 
2006 to 31 March 2007. The examination of trends relevant for the assessment of the 
likelihood  or  a  continuation  or  recurrence  of  injury  covered  the  period  from  1 
January 2003 to 31 March 2007 (period considered).  

Dumping 

Only three Russian exporting producers/distributors replied to the questionnaires. In 
view  of  the  large  number  of  Community  producers,  sampling  was  applied  in 
accordance with Article 17 of the basic Regulation. 

The  comparison  of  the  weighted  average  export  prices  with  a  weighted  average 
normal  value  showed  dumping  margins  for  the  three  Russian  companies  of  over 
54%,  74%  and  92%  respectively.  There  was  thus  strong  evidence  of  continued 
dumping at significant levels. 

Likelihood of continuation of dumping 

The  Community  market  was  found  to  be  a  very  attractive  market  for  Russian 
exporters  given  the  fact  that  the  price  level  in  the  Community  was  higher  than  in 
third countries; that Russian exporters had well-established distribution channels and 
that the Community market is closely located to Russia. In addition, spare capacity of 
known Russian exporters was almost one-fourth of total Community consumption of 
AN, which meant that there might be a likelihood of substantial increase of quantities 
exported to the EU. It was also found that Russian exporters had previously tried to 
increase their exports to the Community in different ways. 

Therefore,  it  was  concluded  that  should  anti-dumping  measures  in  force  be  lifted, 
there  would  be  likelihood  of  dumping  and  of  substantial  increase  of  the  quantities 
exported to the Community. 

Situation on the Community market  

The  investigation  revealed  that  the  Community  industry's  (CI)  situation  had  been 
improving  to  a  large  degree  due  to  the  anti-dumping  measures  imposed. 
Nevertheless, this improvement was nuanced. Market share increased not because of 
sales  (which  decreased)  but  due  to  a  decrease  in  consumption.  Although  unit  sales 
prices increased, this was due to a large extent to an increase in input cost. The CI 
was  able  to  pass  on  this  increase  in  costs  only  because  the  anti-dumping  measures 
showed  some  effect.  Although  profitability  had  also  improved,  there  was  still  a 
certain underlying fragility in this respect given that 2006 and the RIP had shown a 
decrease. 

Furthermore,  imports  from  Russia  were  undercutting  the  prices  of  the  CI  by  more 
than  30%  (not  counting  the  duty  in  place)  and  by  more  than  7%  (adding  the  duty) 
during the RIP. The decrease in consumption in the Community market resulted into 
a doubling of the level of closing stocks of the sampled producers between 2003 and 
the IP.  

EN 

36 

   EN 

Likelihood of continuation of injury 

As  it  was  outlined  above,  the  Community  market  was  very  attractive  for  Russian 
exporters.  If  measures  were  allowed  to  lapse,  it  would  be  likely  that  Russian 
exporters  would  increase  their  market  share  by  selling  at  a  low  price.  Given  that 
undercutting  already  existed,  this  would  all  the  more  increase  due  to  the  drop  in 
prices. Profits would also strongly decrease as prices for this commodity were highly 
volatile.  Under  these  conditions,  the  CI  would  most  likely  have  to  significantly 
decrease its sales prices to maintain its customers.  

Therefore, it was concluded that should the measures be repealed, it would be likely 
that  increased  imports  at  dumped  prices  would  occur  thereby  causing  injury  to  the 
Community  industry  by  exerting  a  downward  pressure  on  the  sales  prices  which 
would endanger its currently positive financial situation. 

Community interest 

It was established that there were no compelling reasons against the maintenance of 
the  current  anti-dumping  measures  and  that  it  would  have  no  major  impact  on 
importers and users. However, if the measures were to be repealed, the Community 
industry would be injured. 

Measures 

In light of the above, it was concluded that the anti-dumping measures applicable to 
imports  of  AN  originating  in  Russia  should  be  maintained  in  order  to  prevent  a 
recurrence of injury being caused to the Community industry by the dumped imports. 

8.2.1.3.  Reviews concluded by termination 

During  2008,  5  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  2008, 
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) 

Urea  

Originating from  Main reason for 

termination 

Belarus  
Croatia 
Libya 
Ukraine 

No continuation of material 
injury or risk of recurrence of 
either dumping or injury.  

Welded tubes and pipes, of 

Turkey 

No likelihood of recurrence 

23 

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

EN 

37 

   EN 

 
 
 
                                                 
iron or non-alloy steel 

of dumping. 

8.2.1.4  Details on individual cases 

Urea originating in Belarus, Croatia, Libya and Ukraine 

 An  expiry  review  was  initiated  in December  2006,  following    a  request  lodged  by 
the European Fertiliser Manufacturers Association (EFMA.. The product concerned 
is  solid  urea,  whether  or  not  in  aqueous  solution.  The  investigation  period  for  the 
expiry  review  (RIP)  covered  1  October  2005  to  30  September  2006  with  injury 
trends assessed over the period October 2002 to September 2006.  

Dumping 

Craotia:  The dumping margin in respect of Croatia was determined on the basis of a 
comparison  of  a  weighted  average  normal  value  with  a  weighted  average  export 
price from the sole exporter, which led to a dumping margin in excess of 20%.  

Belarus,  Libya  and  Ukraine:  As  Belarus  is  considered  a  non-market  economy, 
normal  value  was  based  on  information  from  an  analogue  country,  in  this  case  the 
USA. Normal value for Libya was based on the cost of production plus a reasonable 
amount for selling, general and administrative costs and profits (8%).  This approach 
also  applied  for  three  of  the  four  cooperating  companies  in  Ukraine  with  domestic 
prices  being  used  for  the  remaining  company's  normal  value.  It  was  found  that  the 
quantities  exported  were  of  such  low  levels  that  the  export  prices  would  not  be 
sufficiently reliable, in isolation, to establish a finding regarding the continuance of 
dumping.  Therefore  the  normal  values  were  compared  to  export  prices  from  the 
countries  concerned  to  other  third  countries.  It  was  considered  in  all  cases  that 
dumping  behaviour  was  evident.    In  addition  the  normal  values  were  compared  to 
what the export prices would be if exports were made at prices pertaining in the EU 
market at the time and it was also found that this would result in dumping.   

Likelihood of continuation of dumping 

The extra capacities in the countries concerned  were  also  examined  to  evaluate  the 
development of imports should measures be repealed. While all countries had spare 
capacity it was considered that while it was possible these increased quantities could 
be  exported  to  the  EU  it  was  unlikely  given  that  other  export  markets  could  yield 
prices equal to, if not higher than, those to the Community.  It was also considered 
that given trends for large scale agricultural production in other regions of the world, 
exports of this spare capacity could be made to other third countries.   For Croatia it 
was found that the anti-dumping measures had not prevented exports of urea to the 
EU and they could have already increased the quantities if wished but had not done 
so.  

On the basis of the analysis it was concluded that dumping of significant quantities 
of urea would be unlikely to continue in the case of Croatia, nor to recur in the case 
of the other countries concerned should measures be repealed.   

Situation on the Community market  

EN 

38 

   EN 

 
 
Between 2002 and the RIP, the market share of the Community industry decreased 
slightly, together with sales volume on the Community market. However, the overall 
situation of the Community industry improved during the period . 

Most    other  injury  indicators,  with  the  exception  of  the  increase  of  stock  volumes, 
developed  positively:  production  volume  and  unit  sales  prices  of  the  Community 
industry increased and profitability was, after 2002, significantly above the level of 
profit  set  as  a  target  profit  in  the  original  investigation.  Return  on  investment  and 
cash  flow  evolved  positively,  wages  developed  moderately  and  the  Community 
industry  continued  to  invest.  Productivity  increased  also  substantially  reflecting  the 
positive  evolution  of  production  and  the  efforts  of  the  Community  industry  to 
improve it through investments. 

The  applicant  claimed  that  the  long-term  profitability  requirements,  measured  as  a 
return on sales, for the urea industry should be at the level of 25 % after tax (in the 
original  investigation  a  profit  margin  of  8  %  was  established  as  reasonable).  
However they failed to show how this higher level of return could be achieved in the 
absence  of  the  dumped  imports.    It  was  therefore  concluded  that  there  was  no 
continuation of material injury to the Community industry. 

Likelihood of recurrence of injury 

The  analysis  then  focused  on  the  likelihood  of  recurrence  of  injury  by  examining 
possible export volumes and prices of the countries concerned and their effect on the 
Community  industry.    The  analysis  was  done  in  a  general  market  context  of 
continuing high prices and profits not only in the Community but across the world, 
due to a large extent, to demand outstripping supply. There was nothing to indicate 
that this situation would change significantly in the short to medium term. 

It  was  considered  that  export  volumes  from  Ukraine,  Libya  and  Belarus  would  not 
increase significantly should measures expire. For Croatia it was considered unlikely 
that exports would increase significantly from their current level. 

Regarding  export  prices  to  the  Community  the  analysis  concluded  that,  given  the 
likely development of key cost drivers such as gas, export prices would remain high 
and as a result it was unlikely that undercutting and/or underselling the Community 
industry’s prices or costs would occur. . 

The  urea  market  is  forecast  to  grow  significantly  in  the  coming  years  both  in  the 
Community  and  worldwide,  mainly  due  to  increased  agricultural  production  (for 
biofuel applications) and also due to expanding industrial use for AdBlue (trade mark 
for  an  aqueous  urea  solution).    It  was  concluded  that  there  was  no  likelihood  of 
recurrence of injury to the Community industry if existing measures to be repealed. 

Termination of Measures 

In light of the above, it was concluded that the anti-dumping measures applicable to 
imports  of  Urea  originating  in  Ukraine,  Croatia,  Belarus  and  Libya  should  be 
repealed and the proceeding was terminated in March 2008.   

EN 

39 

   EN 

8.2.2. 

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  2008,  a  total  of  13  interim  reviews  were  initiated.  20  interim  reviews  were 
concluded  with  confirmation  or  amendment  of  duty  and  6  investigations  were 
concluded  by  terminating  the  measures.  The  alphabetical  list  of  cases  which  were 
concluded  during  2008  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. 

Product 

Originating from 

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

Russia 
USA 

Tartaric acid 

Bicycle parts 

P.R. China 

P.R. China 

Plastic sacks and bags 

P.R. China 

Seamless pipes and tubes 

Russia 

Sulphanilic acid (AS) 

India* 

Antibiotics (broad 
spectrum) (AS) 

PET (polyethylene 
terephthalate) (AS) 

India 

India 

Result of the investigation/ 
Type24  

Product scope redefined/ AD 

Product scope redefined/ AD 

Anti-circumvention  measure 
maintained/AD 
MET granted to Xinhui Alida 
resulting  in  revised  duty  of 
4.3%/AD 
Revised  level  of  duty  for 
TMK of 27.2% 
Level  of  duty  revised  from 
7.1% to 4.7%/AS 
Revised  duty  rate  for  1  co-
operating exporter down from 
30.3% to 11.9%/AS 
Amendment  of  fixed  duty 
rate EUR/Tonne 
AS: Individual €0-106.5 
Residual €69.4 
AD: 
€200.9 Residual €153.6 

Individual 

€87.5  – 

24 

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

EN 

40 

   EN 

 
                                                 
Bedlinen (cotton-type) (AS) 

India 

Graphite  electrode  systems 
(AS) 

India 

Okoumé plywood 

P.R. China 

Ammonium nitrate 

Russia* 

Ammonium nitrate 

Ukraine 

Urea and ammonium nitrate 
solutions 

Russia 

Polyester staple fibres 

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

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

Ukraine* 

Amendment of duty rate /AS 

-  9.7%; 
Individual:  5.2% 
Cooperating  7.7%;  Residual 
9.7% 

of 

Amendment of duties/ 
AS: Individual 6.3% - 7%, 
Residual 7.2% 
AD:  Individual 0% - 9.4% 
Residual 8.5% 
Termination  of  review  owing 
review 
to  withdrawal  of 
to 
request  –  no  change 
measures/AD 
Termination 
without 
measures/AD 
Termination 
without 
measures/AD 
Termination 
without 
measures/AD 
Termination 
without 
measures/AD 

review 
amending 

review 
amending 

review 
amending 

review 
amending 

of 

of 

of 

Lowering of dumping margin 
for one company, INterpipe 
to 107% - Residual duty 
remained unchanged  

8.2.2.4  Details on individual cases 

Grain  oriented  flat-rolled  products  of  silicon-electrical  steel  (GOES)  originating  in 
the United States of America and Russia 

The Commission decided, on its own initiative, to initiate a partial interim review in 
October  2006  limited  in  scope  to  the  definition  of  the  product.  The  product 
concerned is grain oriented flat-rolled products of silicon-electrical steel. The review 
concerned the exclusion of very thin GOES used typically in the aircraft and medical 
engineering industries. 

Results of the investigation 

The investigation showed that there was no known production in the Community of 
very  thin  GOES.  Consequently,  no  Community  producer  had  a  direct  interest  and 
none of them objected to a possible exclusion of thin GOES from the scope of the 
measures.  

EN 

41 

   EN 

 
It  was  examined  whether  the  product  concerned  could  be  distinguished  from 
'ordinary'  GOES  on  the  basis  of  technical  characteristics.  It  was  found  that  the 
product  concerned  had 
to  be  re-rolled,  re-annealed  and  re-coated  which 
fundamentally  altered  the  technical  specifications  of  the  product.  Furthermore,  the 
thin  GOES  had  very  specific  end-uses  in  the  aircraft  industry  and  were  not 
interchangeable with other GOES.  

As  a  result,  it  was  concluded  that  thin  GOES  had  different  basic  physical  and 
technical characteristics and end-uses than other GOES.  

Measures 

In light of the above, it was considered appropriate to exempt imports of GOES of a 
thickness  of  maximum  0.16  mm  from  the  anti-dumping  measures  in  force  and  the  
original  definitive  Regulation  was  amended  accordingly,  with  retroactive  effect  to 
the date of the original measures. . 

Seamless pipes and tubes of iron or steel (SPT) originating, inter alia, in Russia 

The Commission decided on its own initiative to initiate a partial interim review in 
June 2007 in accordance with Article 11(3) of the basic Regulation, limited in scope 
to  the  level  of  dumping  as  far  as  one  group  of  exporting  producers  (OAO  TMK 
(TMK)) is concerned.  

The  product  concerned  is  the  same  as  that  in the original investigation, i.e., certain 
seamless  pipes  and  tubes  of  iron  or  steel  originating  in  Russia.  The  review 
investigation period (RIP) for dumping covered the period from 1 April 2006 to 31 
March 2007.  

Results of the investigation 

The company had not cooperated fully in the original investigation and therefore its 
dumping margin had been calculated on the basis of facts available. Nevertheless, the 
company  managed  to  show  that  the  insufficient  cooperation  was  caused  mainly  by 
significant  and  lasting  internal  changes  within  the  group  which  had  begun  to  take 
place during the original investigation. It was due to these exceptional circumstances, 
which  had  an  impact  on  the  corporate  governance  of  the  group  as  well  as  on  its 
accounting and auditing practices, that TMK could not provide adequate evidence of 
its prices and costs during the original investigation.  

However,  TMK  did  cooperate  fully  in  the  review  investigation.  Since  the  group 
provided  reliable  data,  the  dumping  margin  could  be  calculated  on  the  basis  of  its 
own data. 

Dumping 

The  comparison  of  the  weighted  average  normal  value  by  type  with  the  weighted 
average export price of the corresponding type of the product concerned showed the 
existence of dumping. TMK's dumping margin expressed as a percentage of the net, 
free-at-Community-frontier price, duty unpaid, was found to be 27.2%.  

Measures 

EN 

42 

   EN 

In  light  of  the  above,  it  was  considered  appropriate  to  amend  the  anti-dumping 
measures applicable to imports of the product concerned from TMK to 27.2% since 
the level of the dumping margin found was lower than the injury margin established 
in the original investigation. 

Solutions of urea and ammonium nitrate (UAN) originating in Russia  

The  partial  interim  review  was  initiated  in  December  2006,  following  a  request 
lodged by Novomoskovskiy Azot and Nevinnomyssky Azot, members of Joint Stock 
Company  ‘Mineral  and  Chemical  Company  Eurochem’,  exporting  producers  from 
Russia. The scope of the review was limited to dumping as far as the applicant was 
concerned.  

The product concerned is a solution of urea and ammonium nitrate (UAN), a liquid 
fertiliser  commonly  used  in  agriculture.The  review  investigation  period  (RIP)  for 
dumping covered the period from 1 October 2005 to 30 September 2006.  

Results of the investigation 

Dumping 

Due to the fact that the applicant did not sell representative quantities of UAN on the 
domestic  market,  normal  value  was  constructed  on  the  basis  of  the  manufacturing 
costs  incurred  by  the  applicant  plus  a  reasonable  amount  for  selling,  general  and 
administrative  costs  and  for  profits.  It  was  established  that  during  this  period  the 
applicant did not have export sales of UAN to the European Community. As a result, 
it  was  considered  appropriate  to  calculate  the  dumping  margin  during  the  RIP  by 
comparing  the  normal  value  with  export  sales  prices  of  the  applicant  to  a  third 
country,  the  USA.  However,  since  export  sales  of  the  applicant  to  the  USA  during 
the RIP were made via a related trader, the export price was constructed on the basis 
of prices actually paid or payable to the applicant by the first independent customer 
in the USA. 

This comparison showed a dumping margin of 33.95% expressed as a percentage of 
the cif North American frontier price, duty unpaid. This dumping margin was found 
to be higher than the one in the original investigation period . 

The  definitive  duty  in  the  original  investigation  was  established  at  the  level  of  the 
injury  margin  found,  which  was  lower  than  the  dumping  margin  as  it  was  deemed 
that  such  a  lesser  duty  would  be  adequate  to  remove  the  injury  to  the  Community 
industry. 

Measures 

Although the circumstances on the basis of which the determination of dumping was 
based  changed  since  the  imposition  of  the  definitive  duties,  the  lesser  duty  rule 
applied  and  therefore  it  was  concluded  that  the  level  of  the  anti-dumping  duty  in 
force  should  remain  the  same  i.e.  at  the  level  of  the  injury  margin.  Therefore  the 
review was terminated without amending the anti-dumping measures in force.  

EN 

43 

   EN 

 
Bicycle Parts 

Anti-dumping  measures  on  bicycle  parts  originating  in  China  were  imposed  in 
January  1997.    This  followed  an  anti-circumvention  investigation  into  measures  on 
bicycles which had been imposed in September 1993. In June 1997, the Commission 
authorised the exemption of Community assemblers not circumventing from the duty 
on bicycle parts. 

Since  the  extension  of  the  measures  to  imports  of  certain  bicycle  parts,  the 
Commission had granted exemption from the anti-circumvention measure to a large 
number  of  companies  based  in  the  Community.  The  Commission  also  received 
exemption  requests  and  the  number  of  parties  requesting  an  exemption  had 
significantly increased. At the same time, there had been no apparent indications of 
circumvention  practices  by  companies  having  been  granted  an  exemption.    In 
addition the Commission had at its disposal sufficient prima facie evidence that if the 
anti-circumvention  measure  was  removed,  there  would  be  no  continuation  or 
recurrence of circumvention practices.  In addition, the anti-circumvention measure 
has been in force for 10 years and it had never been reviewed since its introduction. 

On this basis the  Commission initiated a review of the anti-circumvention measure 
in 28 November 2006. The investigation covered the period from 1 October 2005 to 
30 September 2006 (review investigation period or RIP) with trends relevant for the 
assessment of a likelihood of a continuation or recurrence of circumvention covering 
the period from 2003 up to the end of the RIP (period considered). 

Findings and conclusion of the review 

Owing to the large number of Community assemblers a sample of 8 companies was 
selected (all were exempted from the anti-circumvention duties).  

The investigation found that the  proportion of  imports of Chinese origin of bicycle 
parts  was  far  below  the  60%  threshold  i.e.  37%  among  the  sampled  companies. 
However  it  was  concluded  that  Chinese  bicycle  assemblers  would  have  a  strong 
incentive  to  import  more  Chinese  bicycle  parts  (and  exceed  the  60%  threshold) 
owing to their low price if the anti-circumvention measure was repealed. 

With  regard  to  the  value-added  rule  it  was  found  that  on  average  the  Community 
assemblers'  value  added  was  22%  during  the  RIP.    It  was  considered  that  if  the 
assemblers were, owing to the lack of measures, to exceed the 60% threshold on the 
value of imports, it would be unlikely that they would add more than 25% value in 
the process. 

With  regard  to  undermining  the  remedial  effects  of  the  duty  it  was  impossible  to 
carry  out  a  reasonable  analysis  owing  to  the  then  market  conditions  (anti-
circumvention measure and exemption scheme).  In the absence of data in the RIP, 
the findings of the anti-circumvention investigation  were found to remain  valid i.e. 
the  remedial  effects  of  the  duty  were  undermined  in  terms  of  sales  prices  and 
existence of dumping.  

While it was concluded that no circumvention was taking place it was nevertheless 
decided that the anti-circumvention measure should be maintained, in order to ensure 
that the principal measure, i.e. the anti-dumping duty on bicycles, remained effective 

EN 

44 

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and  not  undermined  by  circumvention  in  the  form  of  assembly  operations  in  the 
Community. 

Polyester staple fibres originating in Belarus, the People's Republic of China, Saudi 
Arabia and Korea 

On 3O August 2007 the Commission initiated, on its own initiative, a partial interim 
review  of  the  measure  applicable  to  imports  of    polyestef  staple  fibres  (PSF) 
originating  in  Belarus,  Korea,  Saudi  Arabia  and  the  People's  Republic  of  China 
(PRC).  The  review  was  limited  to  whether  or  not  the  continued  imposition  of 
measures  is  not  against  the  Community  interest,  Since  the  anti-dumping  measures 
imposed  on  imports  originating  in  Belarus  lapsed  on  11  October  2007,  the  review 
concerning this country has been discontinued. 

Likelihood of a Continuation or Recurrence of Dumping 

Spare capacities and the world wide PSF market were analysed in order to determine 
if dumping would continue or recur should the anti-dumping measures be repealed, 
Spare capacity in the PRC and Korea was found to be around 3 million and 114 000 
tonnes respectively. There was no data available for Saudi Arabia and for Belarus the 
review was terminated owing to the AD measures having lapsed in October 2007. It 
was  considered  the  spare  capacity  of  these  countries  could  be  directed  to  the 
Community should measures be repealed.  This would also be likely given that some 
of the other large export markets for PSF in the world are protected by anti-dumping 
duties  for  imports  of  PSF  originating  in  the  PRC.  It  was  therefore  concluded  that 
there was a liklihood that significant quantities will be exported to the Community, 
should the anti-dumping measures in force be lifted. 

 Continuation or recurrence of injury 

Despite  efforts  in  terms  of  expansion  and  investments  by  the  Community,  in 
particular by the appearance of new industry in Poland and Romania and the foreseen 
expansion in Bulgaria, it was found that the situation of the Community industry in 
terms  of  profitability  was  still  precarious.  If  the  measures  were  lifted  large  import 
volumes  at  dumped  prices  would  lead  to  additional  price  pressure  on  Community 
industry,  reduced  profit  margins  and  profitability  and  increased  losses.  It  was 
considered that this could result in likely cancellation of further investment, a decline 
in innovation, the erosion of the competitive position of integrated industry, cutbacks 
and  closures.  Therefore  it  was  concluded  that  the  repeal  of  the  measures  would  be 
against the interest of Community industry. 

Community interest aspects 

Although most of the users that participated in the investigation considered that the 
maintenance  of  duties  was  against  their  interest,  the  investigation  showed  that  the 
continuation  of  measures  would  not  have  a  significantly  negative  effect  on  their 
economic  and  financial  situation.  Although  most  of  the  asked  the  Commission  to 
repeal  the  antidumping  duties,  among  those  which  cooperated  in  the  investigation 
there was also a significant number that were against the termination of duties. 

Conclusion 

EN 

45 

   EN 

It  was  therefore  concluded  that  the  anti-dumping  duties  on  imports  of  PSF 
originating  in  the  People's  Republic  of  China,  Saudi  Arabia  and  Korea  should  be 
maintained and a Regulation to that effect was published in September 2008. 

Termination of the CVD measures in place on imports of Dynamic Random Access 
Memories (DRAMs) originating in the Republic of Korea 

Definitive  countervailing  duties  of  34,8  %  on  imports  of  certain  electronic 
microcircuits known as Dynamic Random Access Memories (DRAMs) originating in 
the  Republic  of  Korea  were  imposed  in  August  2003  .  In  April  2006,  following  a 
report adopted by the Dispute Settlement Body of the World Trade Organisation, the 
Council implemented the recommendations made by the Panel Report also lowering 
the definitive countervailing duty to 32,9%. 

Prima  facie  evidence  was  received  by  the  Commission  from  the  Community 
producers  Micron  Europe  Ltd  and  Qimonda  AG 
that  Hynix 
Semiconductor  Inc.  (Hynix)  was  in  receipt  of  additional  subsidies  in  the  period 
following  the  investigation  period  of  the  original  investigation.  In  addition,  Hynix 
submitted a request for a partial interim review alleging that the subsidies found to be 
countervailable  in  the  original  investigation  had  ceased  to  exist.    In  view  of  these 
submissions, in March 2006 the Commission initiated,  ex officio,  a partial interim 
review  limited  in  scope  to  the  examination  of  subsidisation  of  Hynix,  in  order  to 
assess the need for the continuation, removal or amendment of the existing measures. 

indicating 

The investigation period ran from 1 January 2005 to 31 December 2005 (IP) and the 
product  concerned  was  the  same  as  that  covered  in  the  original  investigation,  i.e. 
certain  electronic  microcircuits  known  as  Dynamic  Random  Access  Memories 
(DRAMs) of all types.  

Information  was  received  from  Hynix,  the  Government  of  Korea  and  a  number  of 
Korean  banks,  as  well  as  Deutsche  Bank  AG.    The  Commission  verified  the 
information received including  verification visit at premises of various co-operating 
parties.   

The investigation 

On  the  basis  of  the  information  available  to  the  Commission  at  initiation  and  the 
replies received the following were investigated: a rescue package approved by the 
Hynix  Creditors'  and  Financial  Institutions  Council  (CFIC)  in  December  2002  (the 
new  restructuring);    alleged  preferential  financing  provided  by  Korean  banks  to 
Beijing  Orient  Electronics  (BOE)  to  facilitate  the  purchase  of  Hydis,  a  Hynix 
operation;  alleged  preferential  financing  provided  by  Korean  banks  to  CVC  to 
facilitate  the  purchase  of  System  IC,  a  Hynix  operation,  including  the  transfer  of 
Hynix  debt  to  another  entity  at  a  discount;  a  discounted  cash  buyout  of  the  Hynix 
debt; preferential tax treatment allegedly given to Hynix by GOK and a refinancing 
of Hynix debt in July 2005. 

Financial contribution 

The  investigation  showed  that  GOK  had  a  keen  interest  in  Hynix.  In  fact,  Hynix's 
"structural adjustment" was cited as a main policy issue for the second half of 2002 
in a report by the Ministry of Finance and Economy. 

EN 

46 

   EN 

Various meetings took place between GOK and  Hynix's creditors regarding Hynix. 
However,  evidence  on  the  record  suggests  that  the  GOK,  mindful  of  the  previous 
investigations  in  its  involvement  in  Hynix  by  the  European  Communities  and  the 
United  States,  directed  that  any  communication  relating  to  Hynix  should  be  made 
orally to avoid being traceable. 

The  GOK,  in  the  meetings  of  April  2002,  communicated  its  official  position  to 
Hynix's creditors, which was either to sell Hynix or to rescue it to buffer the shock to 
the  economy.  Although  the  GOK  insisted  that  the  decision  of  whether  liquidation 
was  on  the  table  or  not  was  left  to  the  creditors,  its  statements  regarding  the 
importance  of  rescuing  Hynix  (by  a  restructuring  or  a  sale)  in  order  to  restore 
confidence in the Korean markets belied such insistence.  The various press articles 
and reports on record also demonstrated clearly that the GOK would not allow Hynix 
to fail.  

The investigation also showed that GOK is a major shareholder in a large number of 
Hynix creditor banks. The information on the record provided by the banks, Hynix 
and the GOK shows that the GOK has at least a significant shareholding (> 20 %) in 
creditor banks/financial institutions holding at least 75 % of the voting rights in the 
CFIC. The GOK's involvement in the decisions taken by the Creditors' Council could 
not be doubted.  Another example of GOK involvement in the Hynix creditor banks 
was the appointment of a former Minister of Industry and Commerce as Chairman of 
the  Restructuring  Committee  of  Hynix's  CFIC,  by  the  Steering  Committee  of  that 
body, only for him to be re-appointed Minister a few months later.  In addition the 
evidence  also  indicated  that  the  creditors  institutions'  decision  to  approve  the 
restructuring  plan  in  December  2002  did  not  appear  to  be  consistent  with  a  market 
oriented  approach  given  Hynix  poor  rating.    Furthermore  one  of  the  wholly-owned 
GOK  banks  purchased  Hynix  debt  from  the  other  creditors  to  ease  the  financial 
burden on the banks that had been entrusted to save Hynix. 

The  evidence  on  the  record  regarding  the  GOK's  policy  as  regards  Hynix  and  its 
involvement  in  the  decision-making  process  of  Hynix's  creditors,  as  well  as  the 
evidence relating to the dire state of Hynix and the market's unwillingness to advance 
capital, as well as the lack of evidence that the existing creditors acted in accordance 
with  a  market  benchmark,  itself  undistorted  by  subsidies  led  to  the  conclusion  that 
the  GOK  entrusted  and  directed  Hynix's  creditors  to  rescue  Hynix  by  approving  a 
new restructuring in December 2002. This constituted a financial contribution within 
the meaning of Article 2(1) of the basic Regulation. 

Benefit 

Hynix  claimed  that  the  new  restructuring  was  market-based,  as  it  was  devised  by 
external advisors after months of due diligence and was based on a Deutsche Bank 
(DB Report) report which recommended the course of action which was eventually 
followed.  However  in  general  terms,  the  relevant  standard  is  whether  or  not  a 
market-oriented investor with or without an existing exposure to Hynix, would have 
assessed  the  proposed  investment  in  Hynix  as  one  worth  making.  The  DB  report 
contained no evidence that outside private investors would have had any interest in 
putting money into Hynix.  In any event, the financial situation of Hynix at the time 
of the new restructuring was dire and it was evident that Hynix was not in a position 
to  service  its  liabilities.  The  express  purpose  of  the  new  restructuring  was  to  re-

EN 

47 

   EN 

finance  Hynix  and  it  could  not  be  divorced  from  the  initial  2001  bail-out.    It  was 
therefore considered that the new restructuring conferred a benefit to the company, 
within the meaning of Article 2(2) of the basic Regulation. 

Specificity 

As the measures comprising the new restructuring were taken exclusively for Hynix, 
the  debt  rollover,  the  principalisation  of  interest  and  a  debt-to-equity  swap  were 
considered to be specific within the meaning of Article 3 of the basic Regulation. 

Other alleged subsidy schemes investigated 

A number of other alleged subsidy schemes were also investigated but these were not 
considered to constitute a subsidy in the context of the meaning of Article 2 of the 
basic Regulation. These included funding to a company to purchase Hynix assets and 
a discounted debt transfer to Magnachip, a company formed to buy System IC assets 
from Hynix – in both cases there was no evidence that the benefit passed through to 
Hynix.    The  investigation  also  addressed  a  cash  buyout  plan  but  there  was  no 
evidence  suggesting  that  the  participating  creditors'  behaviour  was  commercially 
unreasonable and finally a preferential tax treatment of Hynix which was found not 
to constitute a subsidy in accordance with the regulation.  A refinancing of Hynix in 
July 2005 was also investigated but there was no evidence to show that this was not 
done on commercial terms.   

Measures 

The  benefit  from  the  subsidies  countervailed  in  the  original  investigation  was 
deemed to have been received on 1 January 2001 and was allocated over a period of 
five years, which corresponded to the normal depreciation period of the assets in the 
semiconductor industry. 

The measures imposed in the original investigation related to one-off, non-recurring 
subsidies, allocated over a set period of time and as such allocation period is deemed 
to  begin  at  the  time  the  benefit  was  actually  received,  it  was  considered  that  the 
measures imposed by the definitive duty Regulation expired on 1 January 2006. As 
the debt rollover and the principalised interest of December 2002 ceased to confer a 
benefit on Hynix on 13 July 2005 and as the debt-to-equity swap of December 2002 
expired  on  31  December  2007,  it  was  considered  that  the  measures  should  be 
repealed with effect from 31 December 2007 and the proceeding terminated. It was 
also decided that any duties paid on DRAMS since  that  date up to  April 2008  (the 
date of the regulation terminating the proceeding) should be repaid.  

Termination of measures on Salmon originating in Norway. 

Definitive anti-dumping duties, in the form of a minimum import price (MIP),were 
imposed on imports of farmed salmon originating in Norway in January 2006.  

On  the  basis  of  a  request  received  from  a  number  of  Member  States  alleging  that 
there  was  a  reduction  in  the  level  of  dumping,  the  Commission  initiated  a  partial 
interim review in April 2007 limited in scope to dumping. 

EN 

48 

   EN 

The  investigation  covered  the  period  from  1  January  2006  to  31  December  2006 
(review investigation period or RIP). The product under review was the same as in 
the original investigation, i.e. farmed (other than wild) salmon.  In view of the large 
number  of  exporting  companies  who  responded  to  the  requests  for  information, 
sampling had to be applied.  

Dumping 

The comparison between normal value and export prices was made on an ex-works 
basis  adjusted  for  differences  in  discounts,  rebate,  transport,  insurance,  handling, 
loading and ancillary costs, packing, credit and import duties. 

For  the  exporting  producers  which  were  included  in  the  sample,  an  individual 
dumping  margin  was  calculated.  For  exporters  not  included  in  the  sample  it  was 
found that, for the bulk of their sales, their export prices were generally in line with 
those  of  the  sampled  exporters  and  therefore  the  sampling  results  were  considered 
representative  for  all  other  exporters.    Given  almost  100%  cooperation,  it  was  also 
concluded  that  the  dumping  margins  found  for  the  sampled  cooperating  exporting 
producers  were  representative  for  Norway.    Calculation  of  the  dumping  margins 
revealed that dumping during the RIP was at de minimis levels. 

Likelihood of recurrence of dumping.  

Since the dumping found during the RIP was de minimis, it was examined whether 
there was a likelihood of recurrence of dumping should measures lapse.   

The investigation revealed that there were no reasons to believe that the production 
volume in Norway would increase above the traditional growth rate and thus lead to 
significantly  increased  export  volumes  from  Norway  to  the  Community.  The 
investigation  also  established  that  the  risk  of  a  significant  decrease  in  Norwegian 
export prices to dumped levels was limited in the foreseeable future, mainly due to 
the fact that a significant over-production in Norway, possibly the main trigger for a 
decline  in  prices,  was  not  expected.  Finally,  it  was  considered  that  the  changed 
situation  of  the  Norwegian  aquaculture  sector  which  has  become  highly  profitable 
and  the  shares  of  which  are  traded  at  the  stock  exchange,  as  well  as  the  important 
presence of Norwegian owned production in the Community, made the recurrence of 
dumping  practices  in  the  future  unlikely.  It  was  therefore  concluded  that  the 
likelihood  of  recurrence  of  dumping  was  low  and  did  not  warrant  the  continued 
imposition of the anti-dumping measures in force. 

Consequently the measures on salmon were repealed on 17 July 2008. A monitoring 
mechanism  was  put  in  place  until  the  original  foreseen  expiry  of  the  definitive 
measures i.e. to January 2011, given a certain unpredictability of market conditions 
mainly due to the nature of the product (perishable goods). If market conditions seem 
to  change  significantly  consideration  will  be  given  to  the  initiation  of  an 
investigation on an ex officio basis, should it be deemed necessary.   

8.2.3.  “Other” interim reviews 

A number of other reviews, not falling under Article 11(3) or Article 19 of the basic 
Regulations were concluded during 2008.  

EN 

49 

   EN 

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 . 

8.2.4.  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 
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 2008, 1 new exporter review was initiated. Since the Commission carried out the 
first  reviews  of  this  type  in  1990,  a  total  of  54  investigations  have  been  initiated. 
There  were  3  new  exporter  reviews  concluded  during  2008,  2  of  which  were 
terminated and 1 (anti-subsidy) was concluded with the imposition of measures.  

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

8.2.5.  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  2008,  there  were  no  anti-absorption  investigations  initiated  or  concluded.    – 
Annex J. 

EN 

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   EN 

 
8.2.6  Circumvention investigations 

The possibility of investigations being re-opened in circumstances where evidence is 
brought to show that measures are being circumvented was introduced by Article 13 
and Article 23 of the basic Regulations. 

Circumvention is defined as a change in the pattern of trade between third countries 
and the Community which stems from a practice, process or work for which there is 
insufficient due cause or economic justification other than the imposition of the duty. 
The duties may be extended to imports from third countries of like products, or parts 
thereof, if circumvention is taking place. 

In 2008, 1 anti-circumvention investigation was initiated. 2 such investigations were 
concluded, 1 with an extension of the duty and 1 without. More information can be 
obtained from the Official Journal to which reference is given in Annex K. 

Footwear originating in the People's Republic of China (PRC) 

In  2006  the  Council  imposed  definitive  antidumping  duties  ranging  from  9.7%  to 
16.5  %  on  imports  of  footwear  with  uppers  of  leather  originating  in  the  People’s 
Republic of China.  The Commission monitored imports to detect any changes in the 
pattern of trade which could indicate circumvention of the measures.  On the basis of 
evidence collected, the Commission initiated an anti-circumvention investigation on 
an ex-officio basis in September 2007. The investigation period (the ‘IP’) covered 1 
July 2006 to 30 June 2007. Data was collected from 2004 up to the end of the IP to 
investigate the alleged change in the pattern of trade and other aspects. 

Circumvention  

The investigation revealed that imports of footwear from China diminished after the 
imposition of provisional measures in the original investigation (April 2006) while in 
contrast, imports from the Macao SAR increased enormously, constituting a change 
in the pattern of trade . It was also found that circumvention via assembly operations 
in Macao SAR also existed.  For 8 exporters in Macao SAR, it was found that more 
than 60% of their materials were provided by Chinese companies and that the value 
added  in  the  assembly  operation  to  the  parts  brought  in  did  not  exceed  25%  of  the 
value of the cost of manufacturing. Furthermore there was a massive increase in the 
manufacturing of footwear in Macao SAR following the imposition of the measures 
on imports from China. This was caused by new companies being formed and pre-
existing companies increasing and/or restarting production. There was also evidence 
of  transhipment  of  footwear  via  Macao  for  which  no  justification  could  be  found 
other than avoiding the measures.   

A dumping test was carried out regarding the exports from Macao and it was found 
that  when  compared  to  the  normal  value  from  the  original  investigation  significant 
dumping  existed  ranging  from  8%  to57%.  It  was  also  found  that  the  imports  from 
Macao  SAR  undermined  the  remedial  effects  of  the  original  measures  owing  to 
increased  quantities  and  dumped  prices  significantly  below  the  injury  elimination 
level established for the original investigation.  

Extension of the measures 

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   EN 

The  investigation  concluded  that  there  was  clear  circumvention  of  the  measures  on 
the product concerned from the PRC within via the Macao SAR. As a result the anti-
dumping  measures  imposed  by  the  original  definitive  Regulation  on  imports  of  the 
product  concerned  originating  in  the  PRC  were  extended  to  the  same  product 
consigned from the Macao SAR, whether declared as originating in the Macao SAR 
or not. 

Ring  binder  mechanisms  (RBMs)  originating  in  the  People's  Republic  of  China 
(PRC)  and  RBMs  consigned  from  Thailand,  whether  declared  as  originating  in 
Thailand or not   

The  anti-circumvention  investigation  was  initiated  in  December  2007,  following  a 
complaint lodged by Ring Alliance Ringbuchtechnik GmbH, a Community producer 
of certain ring binder mechanisms. 

The  product  concerned  by  the  possible  circumvention  is  certain  ring  binder 
mechanisms  (RBM)  originating  in  the  PRC.  For  the  purpose  of  the  investigation, 
certain  ring  binder  mechanisms  consisted  of  two  rectangular  steel  sheets    or  wires 
with  at  least  four  half  rings  made  of  steel  wire  fixed  on  it  and  which  were  kept 
together  by  a  steel  cover.  They  could  be  opened  either  by  pulling  the  half  rings  or 
with a small steel-made trigger mechanism fixed to the ring binder mechanism. 

The  products  under  investigation  were  certain  ring  binder  mechanisms  which  were 
slightly  modified  originating  in  the  People's  Republic  of  China  and  certain  ring 
binder mechanisms, whether slightly modified or not, consigned from Thailand (the 
products under investigation). 

The investigation covered the period from 1 October 2006 to 30 September 2007 (the 
IP).  Data  was  collected  from  2004  to  the  end  of  the  IP  in  order  to  investigate  the 
change in the pattern of trade (the period investigated). 

Slightly modified RBMs from PRC 

Essential characteristics 

The  investigation  established  that  one  of  the  two  cooperating  Chinese  exporting 
producers  was  producing  slightly  modified  RBMs.  The  modification  consisted  in 
changing the rectangular shape of the sheets so that the classification of these product 
types would fall under codes not subject to the measures. Nevertheless, it was found 
that the modification did not alter the essential characteristics of the product so as to 
exclude it from the scope of the product concerned.  

Change in pattern of trade 

This type of RBM was designed at the request of an operator in the Community and 
their  import  into  the  Community  started  in  2003,  after  the  initiation  of  the  expiry 
review  investigation  of  the  measures  applicable  to  imports  of  RBMs  originating  in 
the PRC. As such, it was considered that there was a change in the pattern of trade 
between the exporting producer and the Community stemming from the practice of 
slightly modifying the product concerned.  

Insufficient due cause or economic justification 

EN 

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   EN 

 
Since  the  modifications  were  very  minor  and  all  sales  of  the  slightly  modified 
product were only to the operator in the Community upon whose request they were 
designed,  it  was  concluded  that  there  was  no  economic  justification,  other  than  the 
imposition of anti-dumping duties, for the change in the pattern of trade.  

Dumping  

The comparison of  the  weighted  average normal value as established in the review 
investigation  and  the  weighted  average  export  price  established  during  the  IP 
revealed dumping above the de minimis threshold.  

Undermining the remedial effects of the duty 

On the basis of the above, it was concluded that the change in trade flows, together 
with  the  abnormally  low  export  price  of  the  slightly  modified  products,  had 
undermined  the  remedial  effects  of  the  anti-dumping  measures  in  terms  of  both 
quantities and prices of the like products. 

Alleged transhipment via Thailand  

Thai Stationery Industry Co. Ltd. (TSI), the sole exporter of RBMs in Thailand, was 
established  in  1998,  i.e.  one  year  after  the  imposition  of  anti-dumping  duties  on 
certain RBMs from the PRC. TSI was a subsidiary of a Hong-Kong-based company 
that also owned a RBMs production plant in the PRC. 

Nevertheless the investigation showed that, during the period investigated, TSI was 
producing  RBMs  and  that  the  quantity  of  raw  materials  imported  by  the  company 
was  sufficient  to  produce  the  quantity  of  RBMs  exported  to  the  Community. 
Therefore,  it  was  considered  that  TSI  was  a  genuine  producer  of  certain  RBMs.  
Moreover,  the  investigation  did  not  reveal  that  any  slightly  modified  RBMs  were 
produced and exported by TSI to the Community during the IP. 

Thus, it was concluded that transhipment of RBMs via Thailand had not taken place 
in the IP.  

Measures  

As regards the possible circumvention by imports  of  slightly  modified  RBMs  from 
the PRC, it was concluded that the existing anti-dumping measures on imports of the 
product  concerned  originating  in  the  PRC  should  be  extended  to  the  slightly 
modified RBMs originating  in  the  same country. Furthermore, the definition of  the 
product concerned should be amended so as to extend the anti-dumping measures to 
certain slightly modified RBMs.  

As  regards  the  possible  circumvention  by  imports  of  RBMs  consigned  from 
Thailand,  it  was  concluded  that  the  investigation  should  be  terminated  and  that 
registration of imports should 

8.3. 

Safeguard investigations 

Safeguard measures have always been and remain an exceptional instrument which 
the  Commission  would  only  apply  in  truly  exceptional  circumstances.  Indeed,  they 

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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 2008 there were no  safeguard measures was in place. During 2008 no 
safeguard investigations were initiated or ongoing.  

9. 

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 2008 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).  

9.1. 

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. 

9.2. 

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 

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

In  order  to  allow  the  Commission  to  monitor  whether  or  not  the  undertakings  are 
being respected, the parties concerned have to submit regular sales reports, normally 
every quarter. They also have to provide the Commission with any other information 
that  is  considered  necessary,  and  to  allow  verification  of  such  data  and  any  other 
relevant information at their premises, even at short notice.  

At  the  beginning  of  2008,  there  were  undertakings  in  force  accepted  from  38 
companies, covering 13 products originating in 11 different countries. 

During 2008, the following changes to the portfolio of undertakings took place: 

Undertakings of 3 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  (ferro  silicon  originating  in  Former 
Yugoslav  Republic  of  Macedonia  –  1  company;  castings  originating  in  the 
People's Republic of China – 1 company); 

the  undertaking  of  one  company  was  repealed  since  the  measures  concerning 
that country were repealed as a result of a interim review (grain oriented flat-
rolled products of silicon-electrical steel originating in Russia– 1 company); 

In addition, 11offers for undertakings have been accepted: 

– 

in  three  new  proceedings,  undertakings  of  11  companies  were  accepted 
(ammonium  nitrate  originating  in  Russia  -  2  companies  and  Ukraine  –  1 
company; urea ammonium nitrate originating in Russia – 1 company and citric 
acid originating in China – 7 companies); 

This  brings  the  total  number  of  undertakings  in  force  at  the  end  of  2008  to  46, 
covering  11  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  has  to  be 
based on a double assessment of risk and effectiveness. This has led to situations in 
which undertakings were not considered to be acceptable, notably where 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) . 

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10. 

REFUNDS  

Articles  11(8)  and  21(1)  of  the  basic  Regulations  allow  importers  to  request  the 
reimbursement  of  the  relevant  collected  duties  where  it  is  shown  that  the 
dumping/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. 

During 2008, 25 new refund requests were lodged (covering 55 submissions). 9 cases 
were closed, no full or partial refunds were granted, 3 refund requests were rejected 
and 6 requests were withdrawn. 

11. 

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

11.1.  Overview of the judicial reviews in 2008 

In 2008, the Court of Justice (CoJ) and the Court of First Instance (CFI) rendered 8 
judgments and issued 10 orders in total relating to the areas of anti-dumping or anti-
subsidy.  

11.2.  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 2008 is given in Annex S (33 before the CFI and 7 before 
the CoJ). 

11.3.  New cases 

16 new cases were lodged in 2008 (compared to 10 in 2007 and 19 in 2006). 10 of 
these were lodged before the CFI and 6 before the CoJ. 

11.4. 

Judgments rendered and orders issued by the Court of First Instance 

6 judgments relating to the anti-dumping or anti-subsidy areas were rendered by the 
Court of First Instance (CFI). The CFI also issued 6 orders dismissing the application 
for  leave  to  intervene,  deciding  there  is  no  need  to  adjudicate  on  the  action, 
dismissing the action as manifestly inadmissible or removing cases from the register 
due  for  example  to  the  proceedings  being  discontinued  by  the  applicant.  Details  of 
some of the cases are set out below. 

11.4.1 

Ironing  boards  originating  in,  inter  alia,  China  –  T-206/08  –  Foshan  Shunde 
Yongjian  Housewares  &  Hardware  Co.  Ltd.  v.  Council  of  the  European  Union  – 
Judgment of 29 January 2008 (OJ C 64 of 08.03.2008, p. 37) 

Foshan  Shunde  Yongjian  (the  applicant),  a  Chinese  exporting  producer  sought 
annulment  of  Council  Regulation  (EC)  No.  452/2007  imposing  definitive  measures 
on  ironing  boards  originating  in  the  People's  Republic  of  China  and  Ukraine.  The 
applicant based its claim on two pleas alleging that (i) the institutions committed an 
error of law in the application of Article 2(7)(c) of the Basic AD Regulation relating 
to  market  economy  treatment  (MET)  and  (ii)  that  its  rights  of  defence  had  been 
violated. 

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The  applicant's  request  for  MET  had  been  rejected  at  the  stage  of  provisional 
measures.  Thereafter  the  Commission  analysed  the  issue  further,  also  in  light  of 
further information submitted, and informed the applicant that it intended to grant it 
MET  and  calculate  its  normal  value  on  the  basis  of  the  company's  own  data. 
Following comments by the complainants and some Member States, the Commission 
reconsidered and confirmed the position it had taken at the provisional stage – i.e. it 
rejected the applicant's MET request. 

In its first plea, the applicant alleged that the institutions had based its final rejection 
of its MET request on an incorrect interpretation of case-law concerning MET. That 
case-law did not permit a reassessment of old facts.  

The Court examined the facts and allegations and found that the institutions had in 
fact based their rejection of the applicant's MET request on the non-fulfilment of the 
substantive  criteria  and  not  on  a  prohibition  of  reassessment  of  old  facts.  It  thus 
dismissed the applicant's claims. 

On  the  second  plea  the  applicant  alleged  that  by  sending  the  proposal  for  the 
Regulation  to  the  Council  six  days  after  sending  the  revised  final  disclosure  to  the 
applicant (and four days prior to the deadline for the applicant to submit comments), 
the Commission violated the applicant's rights of defence. 

The  Court found that the Commission had  breached the provision  of the  Basic  AD 
Regulation  requiring  that  parties  have  at  least  10  days  to  submit  their  comments. 
However,  such  a  breach  could  only  result  in  the  annulment  of  the  regulation  in 
question,  if  there  was  a  possibility  that  due  to  that  irregularity,  the  administrative 
procedure  could  have  resulted  in  a  different  outcome,  thus  affecting  the  applicant's 
rights  of  defence.  That  was  not  the  case  here.  The  applicant  had  already  had  the 
opportunity  to  give  its  view  on  the  position  set  out  again  in  the  revised  final 
disclosure.  The  applicant  had  not  put  forward  any  new  arguments  that  could  have 
affected the outcome of the investigation. 

The Court rejected both pleas and dismissed the action. 

The applicant appealed. The appeal case is pending before the Court of Justice. 

11.4.2  Seamless  pipes  and  tubes  -  T-429/04  -  Trubowest  Handel  and  Makarov  v  Council 

and Commission - Judgment of 9 July 2008 (OJ C 209 of 15.8.2008, p.43) 

The applicants, an importer of seamless pipes and tubes in the European Community 
and  its  managing  director,  requested  to  be  compensated  for  the  damage  they 
allegedly  suffered  as  a  result  of  the  adoption  of  Regulation  2320/97  imposing 
definitive anti-dumping duties on imports of certain seamless pipes and tubes of iron 
or  non-alloy  steel  originating  in  Hungary,  Poland,  Russia,  the  Czech  Republic, 
Romania and the Slovak Republic. 

The applicants argued that in the context of proceedings under Article 81 EC, a fine 
was  imposed  on  several  community  producers  of  seamless  pipes  and  tubes. 
According to the applicants, it is very likely, if not certain, that the anti-competitive 
conduct of the seamless pipes and tubes producers affected the injury and causality 
analysis of the anti-dumping proceedings, given the overlap in the product scope, in 
the  companies  involved  and  in  the  periods  of  investigation  of  the  competition  and 

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anti-dumping  proceedings.  Nevertheless,  the  applicants  contend,  the  Commission 
entirely  failed  to  take  into  account  that  anti-competitive  conduct  when  determining 
the  injury  caused  by  the  allegedly  dumped  imports,  as  required  by  Regulation 
384/1996. 

In  its  analysis  the  Court  concentrated  on  whether  a  sufficiently  direct  causal  link 
existed  between  the  alleged  wrongful  conduct  of  the  Council  and  Commission  and 
the  alleged  damage.  It  considered  that  that  causal  could  not  be  regarded  as  having 
been sufficiently direct.Consequently, the Court dismissed the applicants’ claims for 
compensation as unfounded.  

As  the  conditions  for  establishing  non-contractual  liability  on  the  part  of  the 
Community are cumulative, the Court considered that there was no need to examine 
whether  the  other  conditions  laid  down  by  the  case-law  had  been  satisfied.  The 
decision  on  the  appeal  lodged  by  the  applicants  against  this  judgement  is  still 
pending. 

11.4.3  Ammonium  Nitrate  originating  in  Russia  –  T-384/05  –  JSC  Kirovo-Chepetsky 
Khimichesky  Kombinat  v  Council  of  the  European  Union  :  Judgment  of  10th 
September 2008 (OJ C 272  of 25.10.2008, p.17) 

In 2002 measures were imposed against imports of ammonium nitrate originating in 
Russia.  The  product  concerned  was  defined  as  "ammonium  nitrate  other  than  in 
aqueous solution and mixtures of ammonium nitrate with calcium carbonate or other 
inorganic  non-fertilising  substances,  with  a  nitrogen  content  exceeding  28%  by 
weight…" In 2005, following a partial interim review limited to 'scope' under Article 
11(3) of the basic Regulation, the contested Regulation amended the product scope to 
"solid fertilisers with an ammonium nitrate content exceeding 80% by weight." The 
applicant, a Russian exporter, challenged the extension of the duty to solid fertilisers.  

The Court found that the Council does not have the power, in an interim review, to 
extend  measures  to  non  products  concerned,  even  if  the  duty  is  applied  only  in 
proportion  of  the  amount  of  product  concerned  incorporated  in  the  non  product 
concerned. Therefore it annulled the contested regulation as it concerns the applicant.  

11.4.4  Polyester  staple  fibres  from  Korea  -  T-221/05  -  Huvis  v  Council  of  the  European 
Union: Judgment of the Court of 8 July 2008 (OJ C 209 of 15.8.2008, p.44) 

The  applicant,  a  Korean-based  company  specialising  in  the  production  of  polyester 
filament  yarn,  polyester  staple  fibre  and  polyethylene  terephthalate  requested 
annulment  of  Council  Regulation  (EC)  No  428/20051,  by  which  the  Council 
imposed a definitive anti-dumping duty of 5.7% on imports of polyester staple fibre 
manufactured by the applicant and originating in Korea. 

The judgement deals mainly with two issues: 

The  change  between  the  review  and  the  initial  investigation  of  the  method  used  to 
calculate  the  adjustment  made  under  the  duty  drawback scheme  for  import charges 
and indirect taxes and  

The rejection of a credit cost adjustment claim based on the so-called "open account 
system" used in South Korea. 

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Concerning the first issue, the Court stated that using the same method in the context 
of a review as the method used in the initial investigation which led to the duty being 
imposed  is  a  general  rule  set  by  Article  11(9).  The  exception  to  this  rule  must  be 
interpreted  strictly:    it  is  for  the  institutions  to  demonstrate  that  the  circumstances 
have changed. The Court considered that the institutions failed to do so in the present 
case. Therefore, it annulled the contested regulation to the extent to which the anti-
dumping duty imposed exceeds that which would be applicable if the method used in 
the  original  investigation,  had  been  used  to  calculate  the  adjustment  to  the  normal 
value.   

As to the second issue, the Court upheld the Institutions' decision to reject the credit 
costs adjustment. It confirmed that 'it is for the party claiming an adjustment under 
Article  2(10)(g)  of  the  basic  regulation  to  demonstrate,  first,  that  a  credit  has  been 
granted  and,  second,  that  it  affects  the  prices  and  their  comparability'.  This  means, 
inter alia, that the party claiming for an adjustment must show that the credit terms 
were  known  at  the  time  the  price  was  agreed  with  the  customer  and  that  the  credit 
terms influenced the price.   

11.4.5  Polyethylene  terephthalate  (PET)  originating  in,  inter  alia,  India  –  T-45/06  – 
Reliance  Industries    v.  Council  of  the  European  Union  and  Commission  of  the 
European Communities  – Judgment of 24 September 2008 (OJ C 285 of 08.11.2008, 
p. 35) 

The applicant, an Indian company, sought the annulment of 

–  Commission  Notices  of  initiation  of  1  December  2005  of  expiry  reviews  of  (i) 
countervailing  measures  (OJ  2005  C  304,  p.  4)  and  (ii)  anti-dumping  measures 
(OJ 2005 C 304, p. 9) applicable to imports of certain polyethylene terephthalate 
(PET) originating in, inter alia, India; 

–  Council  Regulations  (EC)  No  2603/2000  and  (EC)  No  2604/2000  imposing 
definitive countervailing and anti-dumping duties on PET originating in, inter alia, 
India, and Commission decision 2000/745/EC accepting undertakings in relation 
to  those  proceedings,  -  in  so  far  as  those  measures  purported  to  apply  to  the 
applicant after 1 December 2005; 

or, alternatively, Article 11(2) of the Basic AD Regulation and Article 18(1) of the 
Basic AS Regulation (i.e. the provisions relating to expiry reviews). 

The  Court  first  ruled  on  admissibility  and  held  that  the  action  for  annulment  was 
admissible only in so far as it sought annulment of the Notices of initiation and in so 
far  as  it  was  directed  against  the  Commission.  The  plea  of  illegality  was  held 
admissible only in so far as it related to the lawfulness of the specified articles of the 
Basic Regulations. 

The Court then examined the substance. The single plea relied upon by the applicant 
related to the belated initiation of the expiry reviews of the definitive anti-dumping 
and  countervailing  measures  (and  undertakings)  on  PET.    The  Court  found  that  a 
review which is initiated before midnight on the last day of the normal period for the 
application of measures must be regarded as being in conformity with Article 11.3 of 
the  WTO  Anti-Dumping  Agreement  and  Article  21.3  of  the  WTO  Anti-Subsidy 
Agreement.  The  expiry  reviews  in  the  present  case  were  thus  initiated  within  the 

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time-limits  prescribed  by  the  Basic  Regulations,  interpreted  in  light  of  the  WTO 
Agreements.  The  Court  also  found  those  provisions  sufficiently  legally  certain  and 
ruled that the Commission did not breach the principle of sound administration.  

The Court thus dismissed the action and ordered the applicant to pay the costs. 

No appeal was made to the European Court of Justice. However, at the end of 2008, 
in the context of WTO dispute settlement, India requested consultations with the EC 
pertaining to the measures on PET – see Para 12.1.2.  

11.4.6 

Imports of certain graphite electrode systems originating in India- T-462/04 - HEG 
and Graphite India v Council of the European Union: Judgment of the Court of 17 
December 2008 (OJ C 32 of 7.2.2009, p.25) 

The  applicants  were  two  Indian  companies  which  manufacture  and  export  certain 
graphite electrode systems to the European Community. 

The Court rejected the application in its entirety. The most important findings of the 
Court can be summarised as follows: 

–  Failure to open an investigation against other potential sources of dumping cannot 
be  considered  as  a  breach  of  the  principle  of  non-discrimination  set  in  Article 
9(5).  

–  The  applicants  cannot  claim  their  rights  of  defence  were  infringed  if  they  have 
failed  to  sufficiently  alert  the  Commission  and  then  the  Council  about  the 
difficulties caused by the alleged defective nature of the non-confidential version 
of the complaint.  

11.5. 

Judgments rendered by the Court of Justice 

In 2008, the Court of Justice (CoJ) rendered 2 judgments relating to the anti-dumping 
or anti-subsidy areas and issued 4 orders dismissing the appeal against the Court of 
First Instance order dismissing the party's application for leave to intervene. 

12. 

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

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

12.1.1.  Overview of the WTO dispute settlement procedure 

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 

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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.  

12.1.2.  Dispute settlement procedures against the Community 

. 

Norway – farmed salmon 

In  January  2008  the  WTO  adopted  a  panel  report  in  a  dispute  brought  by  Norway 
against the EU's AD measures on farmed salmon.  The panel report had been issued 
in  November  2007.  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 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. 

After the adoption of the panel report, the EU began the process of implementing the 
findings i.e. putting the measure into conformity with the Panel ruling. However, the 
process was terminated owing to the repeal of the measure in July 2008 following an 
unrelated interim review.   

. 

 India  - Polyethylene terephthalate (PET) – Request for consultations 

In December 2008 India lodged a request in the WTO for consultations with the EU 
regarding  the  AD  and  AS  measures  in  place  on  Polyethylene  terephthalate  (PET).  
The request covered issues such as the allegedly late initiation of the expiry reviews, 
the cumulation of imports and rights of defence issues.   

12.2.  Other WTO activities 

In  2008,  the  DDA  Negotiating  Group  on  rules  met  in  the  first  half  of  the  year  to 
discuss  the  first  Chair's  draft  text  which  was  circulated  in  November  2007.  A  vast 
majority of the WTO membership, including the EU, stressed the unbalance of the text 
overall. This was particularly the case of the anti-dumping and fisheries subsidies draft 
texts.  Many  called  for  the  Chair  to  issue  a  new,  more  balanced,  text  at  the  earliest 
possible time.   

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61 

   EN 

As an interim step, the Chair tabled in May 2008 a working document covering anti-
(WTO  document 
dumping,  horizontal 
TN/RL/W/232).    The  working  document  purported  to  convey  the  full  spectrum  and 
intensity  of  the  reactions  to  the  Chair's  first  draft  texts  and  to  identify  the  many 
suggested changes put forward by Members.   

subsidies 

subsidies 

fisheries 

and 

In the  Ministerial Conference of  July 2008, the Chair announced that he intended to 
issue  revised  draft  texts  on  anti-dumping  and  horizontal  subsidies  (WTO  document 
TN/RL/22).  In  fisheries  subsidies  however,  the  Chair  considered  that  the  Members' 
views still diverged too widely to allow him to produce a new draft text. Instead, he 
announced a list of issues ("roadmap") that the Group will have to address in 2009. 

In December 2008, the Chair circulated a revised draft text on anti-dumping, subsidies 
and fisheries subsidies (WTO document TN/RL/W/236). Most contentious issues were 
taken  out  from  the  anti-dumping  and  subsidies  texts  and  were  replaced  by 
"placeholders"  which  summarised  the  points  of  contention  among  Members  on  each 
issue. The Chair also attached his fisheries subsidies "roadmap". 

In parallel to these activities, participation by the Commission services in the regular 
work of the Anti-dumping, Subsidies and Countervailing and Safeguards Committees 
continued. The Committees met twice in regular sessions to review notifications and 
raise issues of special interest. On Anti-dumping a new common format for the semi-
annual reporting of Anti-dumping actions was agreed in the committee. On Subsidies 
the  EC's  2007  New  and  Full  Subsidy  notification  was  being  dealt  with  in  the 
committee and numerous replies were provided to Members' questions. 

13. 

CONCLUSION 

2008  saw  a  significant  increase  in  the  number  of  new  cases  initiated  while  the  
number  of  investigations  terminated  without  the  imposition  of  measures  dropped. 
The number of definitive measures imposed, increased in comparison to the previous 
year while the number of provisional measures was less than half compared to 2007. 
Regarding reviews, there was a drop in initiations in 2008 compared to  the previous 
year.  

EN 

62 

   EN 

ANNEXES : SUMMARY 

LIST OF ANNEXES 

ANNEX A 

ANNEX B 

ANNEX C 

ANNEX D 

ANNEX E 

ANNEX F 

ANNEX G 

New investigations initiated during the period 1 January - 31 December 2008 
A.  Anti-dumping investigations 
B.  Anti-subsidy investigations 

New investigations initiated  
A.  by product sector during the period 2004 – 2008 (31 December) 
B.  by country of export during the period 2004 – 2008 (31 December) 

New  investigations  concluded  by  the  imposition  of  provisional  duties  during  the 
period 1 January - 31 December 2008 
A.  Anti-dumping investigations 
B.  Anti-subsidy investigations 

New investigations concluded by the imposition of definitive duties during the period 
1 January - 31 December 2008 
A.  Anti-dumping investigations 
B.  Anti-subsidy investigations 

New  investigations  terminated  without  imposition  of  measures  during  the  period 
1 January - 31 December 2008 
A.  Anti-dumping investigations 
B.  Anti-subsidy investigations 

Expiry  reviews  initiated  or  concluded  during  the  period  1  January  –  31  December 
2008 

Interim  reviews  initiated  or  concluded  during  the  period  1  January  –  31  December 
2008 

ANNEX H 

Other reviews concluded during the period 1 January - 31 December 2008 

ANNEX I 

ANNEX J 

ANNEX K 

ANNEX L 

New  exporter  reviews  initiated  or  concluded  during  the  period  1  January  –  31 
December 2008  
A.  Anti-dumping investigations 
B.  Anti-subsidy investigations 

Anti-absorption investigations initiated or concluded during the period 1 January - 31 
December 2008 

Anti-circumvention investigations initiated or concluded during the period 1 January 
- 31 December 2008 

Safeguard  investigations  initiated  or  concluded  during  the  period  1 January  -  31 
December 2008 

ANNEX M 

Undertakings accepted or repealed during the period 1 January – 31 December 2008 

ANNEX N 

Measures which expired during the period 1 January - 31 December 2008 

ANNEX O 

ANNEX P 

Definitive anti-dumping measures in force on 31 December 2008  
A.  Ranked by product 
B.  Ranked by country 

Definitive anti-subsidy measures in force on 31 December 2008 
A.  Ranked by product 
B.  Ranked by country 

EN 

63 

   EN 

ANNEX Q 

ANNEX R 

Undertakings in force on 31 December 2008  
A.  Ranked by product 
B.  Ranked by country 

Anti-dumping & anti-subsidy investigations pending on 31 December 2008 : 
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 2008 

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

Court of First Instance of the European Communities during 2008 

ANNEX T 

Safeguard and surveillance measures in force on 31 December 2008 

EN 

64 

   EN 

 
ANNEX A 

New investigations initiated 

during the period 1 January – 31 December 

A. 

Anti-dumping investigations (chronological by date of publication) 

Product 

Country of origin  OJ Reference 

Stainless steel cold rolled flat products 

PSC wires and strands 

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

P.R. China 

Candles, tapers and the like 

P.R. China 

Wire rod 

P.R. China 
Moldova (Rep. of) 
Turkey 

Biodiesel 

USA 

Seamless pipes and tubes of iron or steel 

P.R. China 

Aluminium foil 

Sodium metal 

Hollow sections 

Ring binder mechanisms 

Armenia 
Brazil 
P.R. China 

USA 

Belarus 
Turkey 
Ukraine 

Thailand 

C 29 
01.02.2008, p. 13 

C 43 
16.02.2008, p. 9 

C 43 
16.02.2008, p. 14 

C 133 
08.05.2008, p. 20 
corrected by 
C 145 
11.06.2008, p. 14 

C 147 
13.06.2008, p. 5 

C 174 
09.07.2008, p. 7 

C 177 
12.07.2008, p. 13 

C 186 
23.07.2008, p. 32 

C 290 
13.11.2008, p. 13 

C 322 
17.12.2008, p. 13 

EN 

65 

   EN

 
B. 

Anti-subsidy investigations (chronological by date of publication) 

Product 

Country of origin 

OJ Reference 

Biodiesel (AS) 

Sodium metal (AS) 

USA 

USA 

C 147 
13.06.2008, p. 10 

C 186 
23.07.2008, p. 35 

EN 

66 

   EN

 
ANNEX B 

A) 

New investigations initiated by product sector during the period 2004 – 2008 
(31 December)  

Product 

2004 

2005 

2006 

2007 

2008 

Chemical and allied 

Textiles and allied 

Wood and paper 

Electronics 

Other mechanical engineering 

Iron and Steel 

Others metal 

Other 

Of which 

anti-dumping 

anti-subsidy 

8 

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 

2 

- 

- 

- 

1 

11 

3 

3 

20 

18 

2 

EN 

67 

   EN

 
 
B) 

New  investigations  initiated  by  country  of  export  during  the  period  2004  –
2008 (31 December) 

Country of origin 
Armenia 
Australia 
Belarus 
Bosnia & Herzegovina 
Brazil 
China (People's Republic of) 
Croatia 
Egypt 
Guatemala 
Hong Kong 
India 
Indonesia 
Japan 
Kazakhstan 
Korea (Rep. of) 
F.Y.R.O.M 
Malaysia 
Moldova (Rep. of) 
Norway 
Pakistan 
Philippines 
Romania 
Russia 
South Africa 
Taiwan 
Thailand 
Turkey 
Ukraine 
USA 
Vietnam 

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 

2008 
1 
- 
1 
- 
1 
6 
- 
- 
- 
- 
- 
- 
- 
- 
1 
- 
- 
1 
- 
- 
- 
- 
- 
- 
1 
1 
2 
1 
4 
- 
20 

EN 

68 

   EN

 
ANNEX C 

New investigations concluded by the imposition of provisional duties 

during the period 1 January – 31 December 2008 

A. 

Anti-dumping investigations (chronological by date of publication) 

Product 

Country of 
origin 

Regulation N°  OJ Reference 

Citric acid 

P.R. China 

Monosodium glutamate 

P.R. China 

Citrus fruits 

P.R. China 

PSC wires and strands 

P.R. China 

Candles, tapers and the like 

P.R. China 

Commission Reg. 
(EC) No 488/2008 
02.06.2008 

Commission Reg. 
(EC) No 492/2008 
03.06.2008 

Commission Reg. 
(EC) No 642/2008 
04.07.2008 
Corrigendum in all 
languages 

Commission Reg. 
(EC) No 1129/2008 
14.11.2008 

Commission Reg. 
(EC) No 1130/2008 
14.11.2008 

L 143 
03.06.2008 
p. 13 

L 144 
04.06.2008 
p. 14 

L 178 
05.07.2008 
p. 19 
L 258 
26.09.2008 
p. 74 

L 306 
15.11.2008 
p. 5 

L 306 
15.11.2008 
p. 22 

B. 

Anti-subsidy investigations (chronological by date of publication) 

Product 

Country of 
origin 

Regulation N°  OJ Reference 

None 

- 

- 

- 

EN 

69 

   EN

 
 
 
ANNEX D 

New investigations concluded by the imposition of definitive duties 

during the period 1 January – 31 December 2008 

A. 

Anti-dumping investigations (chronological by date of publication) 

Product 

Country of 
origin 

Regulation N°  OJ Reference 

Dihydromyrcenol 

India 

Ferro-silicon 

P.R. China 
Egypt 
Kazakhstan 
F.Y.R.O.M 
Russia 

Manganese dioxides 

South Africa 

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

P.R. China 

Compressors 

P.R. China 

Sweet corn (prepared or 
preserved, in kernels) 

Thailand 

Monosodium glutamate 

P.R. China 

Citric acid 

P.R. China 

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

Citrus fruits 

Belarus 
P.R. China 
Russia 

P.R. China 

Council Reg. 
(EC) No 63/2008 
21.01.2008 

Council Reg. 
(EC) No 172/2008 
25.02.2008 

Council Reg. 
(EC) No 221/2008 
10.03.2008 

Council Reg. 
(EC) No 239/2008 
17.03.2008 

Council Reg. 
(EC) No 261/2008 
17.03.2008 

Council Reg. 
(EC) No 954/2008 
25.09.2008 

Council Reg. 
(EC) No 1187/2008 
27.11.2008 

Council Reg. 
(EC) No 1193/2008 
01.12.2008 

Council Reg. 
(EC) No 1256/2008 
16.12.2008 

Commission Reg. 
(EC) No 1355/2008 
18.12.2008 

L 23 
26.01.2008 
p. 1 

L 55 
28.02.2008 
p. 6 

L 69 
13.03.2008 
p. 1 

L 75 
18.03.2008 
p. 22 

L 81 
20.03.2008 
p. 1 

L 260 
30.09.2008 
p. 1 

L 322 
02.12.2008 
p. 1 

L 323 
03.12.2008 
p. 1 

L 343 
19.12.2008 
p. 1 

L 350 
30.12.2008 
p. 35 

EN 

70 

   EN

 
B. 

Anti-subsidy investigations (chronological by date of publication) 

Product 

Country of 
origin 

Regulation N°  OJ Reference 

None 

- 

- 

- 

EN 

71 

   EN

ANNEX E 

New investigations terminated without the imposition of measures 

during the period 1 January – 31 December 2008 

A. 

Anti-dumping investigations (chronological by date of publication) 

Product 

Polyvinyl alcohol 

Country of 
origin 

P.R. China 
Taiwan 

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

Bosnia & 
Herzegovina 

Decision N° 

OJ Reference 

Commission Dec. 
No 2008/227/EC 
17.03.2008 

Council Reg. 
(EC) No 1256/2008 
16.12.2008 

L 75 
18.03.2008 
p. 66 

L 343 
19.12.2008 
p. 1 

B. 

Anti-subsidy investigations (chronological by date of publication) 

Product 

Country of 
origin 

Decision N° 

OJ Reference 

None 

- 

- 

- 

EN 

72 

   EN

 
ANNEX F 

Expiry reviews initiated or concluded 

during the period 1 January – 31 December 2008 

(chronological by date of publication) 

Initiated 

Product 

Country of origin 

OJ Reference 

Tube or pipe fittings of iron or 
steel 

P.R. China 
Thailand 

Footwear with uppers of 
leather 

P.R. China 
Vietnam 

Ethanolamines 

USA 

Furfuryl alcohol 

P.R. China 

Ring binder mechanisms 

P.R. China 

C 138 
05.06.2008 
p. 42 

C 251 
03.10.2008 
p. 21 

C 270 
25.10.2008 
p. 26 

C 275 
30.10.2008 
p. 21 

C 310 
05.12.2008 
p. 15 

Concluded : confirmation of duty 

Product 

Country of origin  Regulation/ Decision 

OJ Reference 

Powdered activated carbon 
(PAC) 

P.R. China 

Coumarin 

P.R. China 

Ammonium nitrate 

Russia 

Sulphanilic acid 

P.R. China 
India 

Tube or pipe fittings of iron or 
steel 

Korea (Rep. of) 

No 

Council Reg. 
(EC) No 649/2008 
08.07.2008 

Council Reg. 
(EC) No 654/2008 
29.04.2008 

Council Reg. 
(EC) No 661/2008 
08.07.2008 

Council Reg. 
(EC) No 1000/2008 
13.10.2008 

Council Reg. 
(EC) No 1001/2008 
13.10.2008 

L 181 
10.07.2008 
p. 1 

L 183 
11.07.2008 
p. 1 

L 185 
12.07.2008 
p. 1 

L 275 
16.10.2008 
p. 1 

L 275 
16.10.2008 
p. 18 

EN 

73 

   EN

 
 
 
 
 
 
 
Sulphanilic acid (AS) 

India 

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

Thailand 
Ukraine 

Council Reg. 
(EC) No 1010/2008 
13.10.2008 

Council Reg. 
(EC) No 1256/2008 
16.12.2008 

L 276 
17.10.2008 
p. 3 

L 343 
19.12.2008 
p. 1 

Concluded : termination and repeal of the measures 

Product 

Country of origin  Regulation/ Decision 

OJ Reference 

Urea 

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

Belarus 
Croatia 
Libya 
Ukraine 

Turkey 

No 

Council Reg. 
(EC) No 240/2008 
17.03.2008 

Council Reg. 
(EC) No 1256/2008 
16.12.2008 

L 75 
18.03.2008 
p. 33 

L 343 
19.12.2008 
p. 1 

EN 

74 

   EN

 
 
 
ANNEX G 

Interim reviews initiated or concluded 

during the period 1 January – 31 December 2008 

(chronological by date of publication) 

Initiated 

Product 

Country of origin 

OJ Reference 

Steel ropes and cables 

India 

Welded tubes and pipes 

Ukraine 

Castings 

P.R. China 

Tube or pipe fittings of iron or 
steel 

P.R. China 
Taiwan 

Magnesia bricks 

P.R. China 

Magnesia bricks 

P.R. China 

Finished polyester filament 
fabrics 

P.R. China 

Graphite electrodes 

India 

Plastic sacks and bags 

P.R. China 

Salmon (farmed) 

Norway 

Stainless steel fasteners and 
parts thereof 

Vietnam 

Sweet corn (prepared or 
preserved in kernels) 

Thailand 

C 4 
09.01.2008 
p. 22 

C 17 
24.01.2008 
p. 14 

C 74 
20.03.2008 
p. 66 

C 138 
05.06.2008 
p. 42 

C 146 
12.06.2008 
p. 27 

C 146 
12.06.2008 
p. 30 

C 163 
26.06.2008 
p. 38 

C 164 
27.06.2008 
p. 15 

C 176 
11.07.2008 
p. 9 

C 181 
18.07.2008 
p. 25 

C 206 
13.08.2008 
p. 12 

C 237 
16.09.2008 
p. 18 

EN 

75 

   EN

 
 
 
 
 
 
 
 
 
Tungsten electrodes 

P.R. China 

C 309 
04.12.2008 
p. 11 

Concluded : confirmation/amendment of duty 

Product 

Country of origin  Regulation/ Decision 

OJ Reference 

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

Russia 
USA 

Tartaric acid 

P.R. China 

Bicycle parts 

P.R. China 

Plastic sacks and bags 

P.R. China 

Seamless pipes and tubes 

Russia 

Sulphanilic acid (AS) 

India 

Antibiotics (broad spectrum) 
(AS) 

India 

PET (polyethylene terephthalate) 
(AS) 

India 

Bedlinen (cotton-type) (AS) 

India 

Graphite electrode systems (AS) 

India 

No 

Council Reg. 
(EC) No 41/2008 
14.01.2008 

Council Reg. 
(EC) No 150/2008 
18.02.2008 

Council Reg. 
(EC) No 171/2008 
25.02.2008 

Council Reg. 
(EC) No 249/2008 
17.03.2008 

Council Reg. 
(EC) No 812/2008 
11.08.2008 

Council Reg. 
(EC) No 1010/2008 
13.10.2008 

Council Reg. 
(EC) No 1176/2008 
27.11.2008 

Council Reg. 
(EC) No 1286/2008 
16.12.2008 

Council Reg. 
(EC) No 1353/2008 
18.12.2008 

Council Reg. 
(EC) No 1354/2008 
18.12.2008 

L 16 
19.01.2008 
p. 1 

L 48 
22.02.2008 
p. 1 

L 55 
28.02.2008 
p. 1 

L 76 
19.03.2008 
p. 8 

L 220 
15.08.2008 
p. 1 

L 276 
17.10.2008 
p. 3 

L 319 
29.11.2008 
p. 1 

L 340 
19.12.2008 
p. 1 

L 350 
30.12.2008 
p. 1 

L 350 
30.12.2008 
p. 24 

EN 

76 

   EN

 
 
 
 
 
 
 
Concluded by termination of review/confirmation of duty 

Product 

Country of origin  Regulation/ Decision 

OJ Reference 

Okoumé plywood 

P.R. China 

Ammonium nitrate 

Russia 

Ammonium nitrate 

Ukraine 

Urea and ammonium nitrate 
solutions 

Russia 

Polyester staple fibres 

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

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

Ukraine 

No 

Commission Reg. 
(EC) No 138/2008 
15.02.2008 

Council Reg. 
(EC) No 236/2008 
10.03.2008 

Council Reg. 
(EC) No 237/2008 
10.03.2008 

Council Reg. 
(EC) No 238/2008 
10.03.2008 

Council Reg. 
(EC) No 893/2008 
10.09.2008 

Council Reg. 
(EC) No 1256/2008 
16.12.2008 

L 42 
16.02.2008 
p. 9 

L 75 
18.03.2008 
p. 1 

L 75 
18.03.2008 
p. 8 

L 75 
18.03.2008 
p. 14 

L 247 
16.09.2008 
p. 1 

L 343 
19.12.2008 
p. 1 

Concluded : termination of measures 

Product 

Country of origin  Regulation/ Decision 

OJ Reference 

Ferro molybdenum 

P.R. China 

DRAMs (AS) 

Korea (Rep. of) 

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

Russia 

Salmon (farmed) 

Norway 

Trout (large rainbow) 

Norway 

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

Turkey 

No 

Council Reg. 
(EC) No 83/2008 
21.01.2008 

Council Reg. 
(EC) No 320/2008 
07.04.2008 

Commission Reg. 
(EC) No 435/2008 
22.05.2008 

Commission Reg. 
(EC) No 685/2008 
17.07.2008 

Commission Reg. 
(EC) No 805/2008 
07.08.2008 

Council Reg. 
(EC) No 1256/2008 
16.12.2008 

L 26 
30.01.2008 
p. 1 

L 96 
09.04.2008 
p. 1 

L 132 
22.05.2008 
p. 1 

L 192 
19.07.2008 
p. 5 

L 217 
13.08.2008 
p. 1 

L 343 
19.12.2008 
p. 1 

EN 

77 

   EN

 
 
ANNEX H 

Other reviews initiated or concluded 

during the period 1 January – 31 December 2008 

(chronological by date of publication) 

Initiated 

Product 

Country of origin 

Sweet corn (prepared or 
preserved in kernels)25 

Thailand 

OJ Reference 

C 7 
12.01.2008 
p. 21 

Concluded : confirmation/amendment of duty 

Product 

Country of origin  Regulation/ Decision 

OJ Reference 

Bed linen26 

Pakistan 

Castings27 

P.R. China 

No 

Council Reg. 
(EC) No 396/2008 
29.04.2008 

Council Reg. 
(EC) No 426/2008 
14.05.2008 

Salmon28 

Norway 

Notice 

Ammonium nitrate29 

Ukraine 

Council Reg. 
(EC) No 662/2008 
08.07.2008 

L 118 
06.05.2008 
p. 1 

L 129 
17.05.2008 
p. 1 

C 127 
24.05.2008 
p. 32 

L 185 
12.07.2008 
p. 35 

25 

26 
27 
28 
29 

Partial reopening of the investigation limited in scope to the examination of dumping as far as 
one exporting producer is concerned 
Amendment following new exporters' request 
Amendment following new exporters' request 
Notice following report adopted by the Dispute Settlement Body of the WTO 
Amendment setting up the conditions for the effective monitoring of the undertaking 

EN 

78 

   EN

 
 
 
 
 
                                                 
Hand pallet trucks and their 
essential parts 30 

P.R. China 

Urea and ammonium nitrate 31  Algeria 

Belarus 

Russia 

Ukraine 

P.R. China 

Kazakhstan 

Norway 

Silico-manganese 32 

Salmon33 

Council Reg. 
(EC) No 684/2008 
17.07.2008 

Council Reg. 
(EC) No 789/2008 
24.07.2008 

L 192 
19.07.2008 
p. 1 

L 213 
08.08.2008 
p. 14 

Council Reg. 
(EC) No 865/2008 
27.08.2008 

Notice 

L 237 
04.09.2008 
p. 1 

C 298 
21.11.2008 
p. 7 

C 310 
05.12.2008 
p. 19 

Bicycle parts (extension to 
bicycles)34 

P.R. China 

Notice 

30 
31 
32 
33 

34 

Clarification of the scope of measures 
Amendment following an expiry review 
Extension of suspension of measures 
Notice  regarding  the  termination  of  the  process  concerning  the  implementation  of  the  Panel 
report adopted by the Dispute Settlement Body of the WTO 
Notice updating the list of parties under examination for exemption from extended duties 

EN 

79 

   EN

 
 
                                                 
ANNEX I 

New exporter reviews initiated or concluded 

during the period 1 January – 31 December 2008 

(chronological by date of publication) 

A. 

Anti-dumping investigations 

Initiated 

Product 

Country of origin  Regulation/Decision 

OJ Reference 

PET (polyethylene terephthalate)  Malaysia 

No 

Commission Reg. 
(EC) No 1082/2008 
04.11.2008 

L 296 
05.11.2008 
p. 5 

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 

Tartaric acid 

P.R. China 

Magnesia bricks 

P.R. China 

No 

Council Reg. 
(EC) No 727/2008 
24.07.2008 

Council Reg. 
(EC) No 906/2008 
15.09.2008 

L 200 
29.07.2008 
p. 1 

L 251 
19.09.2008 
p. 1 

EN 

80 

   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 

Bed linen (AS) 

India 

No 

Council Reg. 
(EC) No 813/2008 
11.08.2008 

L 220 
15.08.2008 
p. 6 

Concluded : termination 

Product 

Country of origin  Regulation/ Decision 

OJ Reference 

None 

- 

No 

- 

- 

EN 

81 

   EN

 
 
 
ANNEX J 

Anti-absorption investigations initiated or concluded 

during the period 1 January – 31 December 2008 

(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 

No 

None 

- 

- 

- 

Concluded without increase of duty / termination 

Product 

Country of 
origin 

Regulation/ 
Decision No 

OJ Reference 

None 

- 

- 

- 

EN 

82 

   EN

 
 
 
ANNEX K 

Anti-circumvention investigations initiated or concluded 

during the period 1 January – 31 December 2008 

(chronological by date of publication) 

Initiated 

Product 

Country of origin  Regulation/ Decision 

OJ Reference 

Hand pallet trucks and their 
essential parts 

P.R. China  
(Thailand) 

No 

Commission Reg. 
(EC) No 923/2008 
12.09.2008 

L 252 
20.09.2008 
p. 3 

Concluded with extension of duty 

Product 

Country of 
consignment 

Regulation No 

OJ Reference 

Footwear with uppers of 
leather 

P.R. China  
(Macau SAR) 

Council Reg. 
(EC) No 388/2008 
29.04.2008 

L 117 
01.05.2008 
p. 1 

Concluded without extension of duty / termination 

Product 

Ring binder mechanisms 

Country of 
consignment 

P.R. China  
(Thailand) 

Regulation No 

OJ Reference 

Council Reg. 
(EC) No 818/2008 
13.08.2008 

L 221 
19.08.2008 
p. 1 

Exemptions granted and/or rejected 

Product 

Country of 
consignment 

Regulation No 

OJ Reference 

Bicycle parts 

P.R. China 

Commission Dec. 
No 2008/260/EC 
18.03.2008 

L 81 
20.03.2008 
p. 73 

EN 

83 

   EN

 
 
 
ANNEX L 

Safeguard investigations initiated and concluded 

during the period 1 January – 31 December 2008  

(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 

None 

- 

No 

- 

- 

Safeguard measures which expired 

Product 

Country of origin 

Date of expiry 

None 

- 

- 

EN 

84 

   EN

 
 
 
 
ANNEX M 

Undertakings accepted or repealed 

during the period 1 January – 31 December 2008 

(chronological by date of publication) 

Undertakings accepted 

Product 

Country of origin 

Regulation N° 

OJ Reference 

Ammonium nitrate 

Urea and ammonium nitrate 
solutions 

Russia 

Ukraine 

Russia 

Commission Decision 
No 2008/577/EC 
04.07.2008 

Commission Decision 
No 2008/649/EC 
03.07.2008 

Corrigendum in all 
languages 

L 185 
12.07.2008 
p. 43 

L 213 
08.08.2008 
p. 39 

L 249 
18.09.2008 
p. 47 

Undertakings withdrawn or repealed 

Product 

Country of origin 

Regulation N° 

OJ Reference 

Ferro-silicon 

F.Y.R.O.M 

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

Russia 

Castings 

P.R. China 

Commission Reg. 
(EC) No 174/2008 
27.02.2008 

Commission Decision 
No 2008/384/EC 
21.05.2008 

Commission Decision 
No 2008/437/EC 
11.06.2008 

L 55 
28.02.2008 
p. 23 

L 132 
22.05.2008 
p. 20 

L 153 
12.06.2008 
p. 37 

Undertakings which expired/lapsed 

Product 

Country of 
origin 

Original measure(s) 
& OJ Reference 

OJ Reference 

None 

- 

- 

- 

EN 

85 

   EN

 
 
 
ANNEX N 

Measures which expired / lapsed 

during the period 1 January – 31 December 2008 

(chronological by date of publication) 

A. 

Anti-dumping investigations (chronological by date of publication) 

Product 

Country of 
origin 

Original measure 
&  
OJ Reference 

Publication 

Salmon (farmed) 

Norway 

Lamps (integrated electronic 
compact fluorescent) 

P.R. China 

Para-cresol 

P.R. China 

Silicon 

Russia 

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

Turkey 

Council Reg. 
(EC) No 85/2006 
(OJ L 15, 20.01.2006, 
p. 1) 

Council Reg. 
(EC) No 1205/2007 
(OJ L 272, 
17.10.2007, p. 1) 

Council Reg. 
(EC) No 1656/2003 
(OJ L 234, 
20.09.2003, p. 1) 

Council Reg. 
(EC) No 2229/2003 
(OJ L 339, 
24.12.2003, p. 3) 

Council Reg. 
(EC) No 1697/2002 
23.09.2002 
(OJ L 259, 
27.09.2002, p. 8) 

L 192 
19.07.2008 
p. 5 

C 258 
10.10.2008 
p. 8 

C 264 
17.10.2008 
p. 15 

C 320 
16.12.2008 
p. 15 

L 343 
19.12.2008 
p. 1 

B. 

Anti-subsidy investigations (chronological by date of publication) 

Product 

Country of 
origin 

Original measure 
&  
OJ Reference 

Publication 

None 

- 

- 

- 

EN 

86 

   EN

 
 
ANNEX O 

Definitive anti-dumping measures in force on 31 December 

A. Ranked by product (alphabetical) 

Product 

Origin 

Measure 

Regulation N° 

Publication 

Ammonium nitrate  

Russia 

Duties 

Ukraine 

Undertakings 

Duties 
(2 years) 

Undertakings 

Barium carbonate 

P.R. China 

Duties 

Bed linen (cotton-type) 

Pakistan 

Duties 

Council Reg. 
(EC) No 658/2002 
15.04.2002 
as last amended by 
Council Reg. 
(EC) No 945/2005 
21.06.2005 
and maintained by 
Council Reg. 
(EC) No 661/2008 
08.07.2008 

Commission 
Decision 
No 2008/577/EC 
04.07.2008 
Council Reg. 
(EC) No 442/2007 
19.04.2007  

Commission 
Decision 
No 2008/577/EC 
04.07.2008 
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 396/2008 
29.04.2008 

L 102 
18.04.2002 
p. 1 

L 160 
23.06.2005 
p. 1 

L 185 
12.07.2008 
p. 1 

L 185 
12.07.2007 
p. 43 

L 106 
24.04.2007 
p. 1 

L 185 
12.07.2007 
p. 43 

L 189 
21.07.2005 
p. 15 

L 66 
04.03.2004 
p. 1 

L 118 
06.05.2008 
p. 1 

EN 

87 

   EN

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Bicycles 

P.R. China 

Duties 

Vietnam 

Duties 

Bicycle parts (extension to 
bicycles) 

P.R. China 

Duties 

Castings 

P.R. China 

Duties 

Undertakings 

Citric acid 

P.R. China 

Duties 
Undertakings 

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 
and maintained by 
Council Reg. 
(EC) No 171/2008 
25.02.2008 
Council Reg. 
(EC) No 1095/2005 
12.07.2005 
Council Reg. 
(EC) No 71/97 
10.01.97 
as last amended by 
Council Reg.  
(EC) No 1095/2005 
12.07.2005 
and maintained by 
Council Reg. 
(EC) No 171/2008 
25.02.2008 
Council Reg. 
(EC) No 1212/2005 
25.07.2005 
as last amended by 
Council Reg. 
(EC) No 426/2008 
14.05.2008 

Commission Dec. 
No 2006/109/EC 
19.01.2006 
corrected by L 95, 
04.04.2006, p. 12 
as last amended by 
Commission Dec. 
No 2008/437/EC 
11.06.2008 
Council Reg. 
(EC) No 1193/2008 
01.12.2008 

L 175 
14.07.2000 
p. 39 

L 16 
18.01.97 
p. 1 

L 183 
14.07.2005 
p. 1 

L 55 
28.02.2008 
p. 1 
L 183 
14.07.2005 
p. 1 
L 16 
18.01.97 
p. 1 

L 199 
29.07.2005 
p. 1 

L 129 
17.05.2008 
p. 1 

L 47 
17.02.2006 
p. 59 

L 153 
12.06.2008 
p. 37 
L 323 
03.12.2008 
p. 1 

EN 

88 

   EN

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Citrus fruits 

P.R. China 

Duties 

Chamois leather 

P.R. China 

Duties 

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

P.R. China 

Duties 

Compressors 

P.R. China 

Coumarin 

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

Duties 
(2 years) 

Duties 

India 

Undertaking 

Dicyandiamide 

P.R. China 

Duties 

Dihydromyrcenol 

Ethanolamines 

India 

USA 

Duties 

Duties  
(2 years) 

Commission Reg. 
(EC) No 1355/2008 
18.12.2008 
Council Reg. 
(EC) No 1338/2006 
08.09.2006 
Council Reg. 
(EC) No 239/2008 
17.03.2008 
Council Reg. 
(EC) No 261/2008 
17.03.2008 
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 
and maintained by 
Council Reg. 
(EC) No 654/2008 
29.04.2008 

Commission Dec. 
No 2005/3/EC 
03.01.2005 
Council Reg. 
(EC) No 1331/2007 
13.11.2007 
Council Reg. 
(EC) No 63/2008 
21.01.2008 
Council Reg. 
(EC) No 1583/2006 
23.10.2006 

L 350 
30.12.2008 
p. 35 
L 251 
14.09.2006 
p. 1 
L 75 
18.03.2008 
p. 22 
L 81 
20.03.2008 
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 183 
11.07.2008 
p. 1 

L 1 
04.01.2005 
p. 15 
L 296 
15.11.2007 
p. 1 
L 23 
26.01.2008 
p. 1 
L 294 
25.10.2006 
p. 2 

EN 

89 

   EN

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Ferro-silicon 

Footwear with uppers of 
leather 

P.R. China 
Egypt 
Kazakhstan 
F.Y.R.O.M. 
Russia 
P.R. China 
Macau (SAR) (ext.)
Vietnam 

Duties 
(2 years) 

Duties 

Council Reg. 
(EC) No 172/2008 
25.02.2008 

L 55 
28.02.2008 
p. 6 

Furfuraldehyde 

P.R. China 

Duties 

Furfuryl alcohol 

P.R. China 

Duties 

Glyphosate 

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

Duties 

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

USA 

Duties 

USA 

Undertakings 

Granular polytetrafluoro-
ethylene (PTFE) 

P.R. China 
Russia 

Graphite electrode systems 

India 

Duties 

Duties 

Council Reg. 
(EC) No 1472/2006 
05.10.2006 
and extended as 
concerns China to 
imports consigned 
from Macau (SAR) by 
Council Reg. 
(EC) No 388/2008 
29.04.2008 
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 
as last amended by 
Council Reg. 
(EC) No 435/2008 
22.05.2008 

Commission Dec. 
No 2005/622/EC 
05.08.2005 
as last amended by 
Commission Dec. 
No 2008/384/EC 
21.05.2008 
Council Reg. 
(EC) No 1987/2005 
02.12.2005 
Council Reg. 
(EC) No 1629/2004 
13.09.2004 
as last amended by 
Council Reg.  
(EC) No 1354/2008 
18.12.2008 

L 275 
06.10.2006 
p. 1 

L 117 
01.05.2008 
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 132 
22.05.2008 
p. 1 

L 223 
27.08.2005 
p. 42 

L 132 
22.05.2008 
p. 20 
L 320 
08.12.2005 
p. 1 
L 295 
18.09.2004 
p. 10 

L 350 
30.12.2008 
p. 24 

EN 

90 

   EN

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Hand pallet trucks and their 
essential parts 

P.R. China 

Duties 

Ironing boards 

P.R. China 
Ukraine 

Duties 

Lever arch mechanisms 

P.R. China 

Duties 

Lighters (non-refillable and 
refillable) 

P.R. China 
Taiwan 

Duties 

Magnesia (deadburned) 

P.R. China 

Duties 

Magnesia bricks 

P.R. China 

Duties 

Magnesium oxide (caustic 
magnesite) 

P.R. China 

Duties 

Manganese dioxides 

South Africa 

Duties 

Monosodium glutamate 

P.R. China 

Duties 

Okoumé plywood 

P.R. China 

Duties 

Peroxosulphates 

Plastic sacks and bags 

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

Duties 

Duties 

Council Reg. 
(EC) No 1174/2005 
18.07.2005 
as last amended by 
Council Reg.  
(EC) No 684/2008 
17.07.2008 
Council Reg. 
(EC) No 452/2007 
23.04.2007 
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 
as last amended by 
Council Reg.  
(EC) No 906/2008 
15.09.2008 
Council Reg. 
(EC) No 778/2005 
25.05.2005 
Council Reg. 
(EC) No 221/2008 
10.03.2008 
Council Reg. 
(EC) No 1187/2008 
27.11.2008 
Council Reg. 
(EC) No 1942/2004 
02.11.2004 
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 249/2008 
17.03.2008 

L 189 
21.07.2005 
p. 1 

L 192 
19.07.2008 
p. 1 
L 109 
26.04.2007 
p. 12 
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 251 
19.09.2008 
p. 1 
L 131 
25.05.2005 
p. 1 
L 69 
13.03.2008 
p. 1 
L 322 
02.12.2008 
p. 1 
L 336 
12.11.2004 
p. 4 
L 265 
11.10.2007 
p. 1 
L 270 
29.09.2006 
p. 4 

L 76 
19.03.2008 
p. 8 

EN 

91 

   EN

 
 
 
 
 
 
 
 
 
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 

PET (polyethylene 
terephthalate) film 

India 
Brazil (ext.) 
Israel (ext.) 

Duties 

Polyester staple fibres 

Korea (Rep. of) 

Duties 

P.R. China 
Saudi Arabia 

Duties 

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 

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 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 

L 240 
16.09.2005 
p. 1 

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

L 271 
19.08.2004 
p. 1 

L 345 
28.12.2005 
p. 11 

L 271 
19.08.2004 
p. 38 
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 

EN 

92 

   EN

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Potassium chloride 

Belarus 
Russia  

Duties 

Russia 

Undertakings 

Powdered activated carbon 
(PAC) 

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) 

Saddles 

P.R. China 

Duties 

Seamless pipes and tubes of 
iron or steel 

Croatia  
Russia 
Ukraine 

Duties 

Council Reg. 
(EC) No 1050/2006 
11.07.2006 

Commission Dec. 
No 2005/802/EC 
17.10.2005 
as last amended 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 
and maintained by 
Council Reg. 
(EC) No 649/2008 
08.07.2008 
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 
imports from Laos  
by Council Reg. 
(EC) No 33/2006 
09.01.2006 
as last amended by 
Council Reg. 
(EC) No 818/2008 
13.08.2008 
Council Reg. 
(EC) No 691/2007 
18.06.2007 
Council Reg. 
(EC) No 954/2006 
27.06.2006 
as last amended by 
Council Reg. 
(EC) No 812/2008 
11.08.2008 

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 181 
10.07.2008 
p. 1 
L 236 
31.08.2006 
p. 11 
L 359 
04.12.2004 
p. 11 

L 232 
01.07.2004 
p. 1 

L 7 
12.01.2006 
p. 1 

L 221 
19.08.2008 
p. 1 
L 160 
21.06.2007 
p. 1 
L 175 
29.06.2006 
p. 4 

L 220 
15.08.2008 
p. 1 

EN 

93 

   EN

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Silico-manganese 

P.R. China 
Kazakhstan 

Duties 
(suspended 
until 
06.09.2009) 

Silicon carbide 

P.R. China 

Duties 

Silicon 

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

Duties 

Sodium cyclamate 

Stainless steel fasteners and 
parts thereof 

Steel ropes and cables 

Duties 

Duties 

Duties 

P.R. China 
Indonesia 

P.R. China 
Indonesia 
Taiwan 
Thailand 
Vietnam 
P.R. China  
India 
South Africa 
Ukraine 
Moldova (Rep. of) 
(ext.) 
Morocco (ext.) 

Russia 

Duties  

Strawberries (frozen) 

P.R. China 

Duties 

Council Reg. 
(EC) No 1420/2007 
04.12.2007 
as last amended by 
Council Reg. 
(EC) No 865/2008 
27.08.2008 
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 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 (Rep. 
of) 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 

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 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 285 
31.10.2007 
p. 1 
L 100 
17.04.2007 
p. 1 

EN 

94 

   EN

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Sulphanilic acid 

P.R. China 
India 

Duties 

India 

Undertakings 

Sweet corn (prepared or 
preserved, in kernels) 

Thailand 

Duties 

Undertakings 

Synthetic fibre ropes 

India 

Duties 

Tartaric acid 

P.R. China 

Duties 

Trichloroisocyanuric acid 

P.R. China 
USA 

Duties 

Trout (large rainbow) 

Faeroe Islands 

Duties 

Undertakings 

Council Reg. 
(EC) No 1339/2002 
22.07.2002 
as last amended by 
Council Reg. 
(EC) No 123/2006 
23.01.2006 
and maintained by 
Council Reg. 
(EC) No 1000/2008 
13.10.2008 

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 
as last amended by 
Council Reg. 
(EC) No 954/2008 
25.09.2008 

Commission Dec. 
No 2007/424/EC 
18.06.2007 

Council Reg. 
(EC) No 1736/2004 
08.10.2004 
Council Reg. 
(EC) No 130/2006 
23.01.2006 
as last amended by  
Council Reg. 
(EC) No 150/2008 
18.02.2008 
Council Reg. 
(EC) No 1631/2005 
03.10.2005 
Council Reg. 
(EC) No 437/2004 
08.03.2004 
as last amended by  
Council Reg. 
(EC) No 805/2008 
13.08.2008 

Commission Reg. 
(EC) No 117/2004 
23.01.2004 

L 196 
25.07.2002 
p. 11 

L 22 
26.01.2006 
p. 5 

L 275 
16.10.2008 
p. 1 

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

L 260 
30.09.2008 
p. 1 

L 159 
20.06.2007 
p. 42 
L 311 
08.10.2004 
p. 1 
L 23 
27.01.2006 
p. 1 

L 48 
22.02.2008 
p. 1 
L 261 
07.10.2005 
p. 1 
L 72 
11.03.2004 
p. 23 

L 217 
13.08.2008 
p. 1 

L 17 
24.01.2004 
p. 4 

EN 

95 

   EN

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Tube and pipe fitting, of iron 
or steel 

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 

Tungsten electrodes 

P.R. China 

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 1514/2002 
19.08.2002 
as last amended by 
Council Reg. 
(EC) No 778/2003 
06.05.2003 
and maintained by 
Council Reg. 
(EC) No 1001/2008 
13.10.2008 
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 

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 275 
16.10.2008 
p. 18 
L 395 
31.12.2004 
p. 56 

L 202 
03.08.2005 
p. 1 
L 72 
13.03.2007 
p. 1 

EN 

96 

   EN

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Urea and ammonium nitrate 
solutions 

Algeria 
Belarus  
Russia 
Ukraine 

Duties 

Algeria 

Undertakings 

Russia 

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

Thailand 
Ukraine 

Duties 

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

Belarus 
P.R. China 
Russia 

B. Ranked by country (alphabetical) 

Duties 

Council Reg. 
(EC) No 1911/2006 
19.12.2006 
as last amended by 
Council Reg. 
(EC) No 789/2008 
24.07.2008 

Commission Reg. 
(EC) No 617/2000 
16.03.2000 

Commission Decision 
No 2008/649/EC 
03.07.2008 
Council Reg. 
(EC) No 1697/2002 
23.09.2002 
and maintained by 
Council Reg. 
(EC) No 1256/2008 
19.12.2008 
Council Reg. 
(EC) No 1256/2008 
16.12.2008 

L 365 
21.12.2006 
p. 26 

L 213 
08.08.2008 
p. 14 

L 75 
24.03.2000 
p. 3 

L 213 
08.08.2008 
p. 39 
L 259 
27.09.2002 
p. 8 

L 343 
19.12.2008 
p. 1 
L 343 
19.12.2008 
p. 1 

Origin 

Product 

Measure 

Regulation N° 

Publication 

Algeria 

Urea and ammonium nitrate 
solutions 

Duties 

Australia 

Polyethylene terephthalate 

Duties 

Undertakings 

Undertakings 

Council Reg. 
(EC) No 1911/2006 
19.12.2006 
as last amended by 
Council Reg. 
(EC) No 789/2008 
24.07.2008 

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 

L 365 
21.12.2006 
p. 26 

L 213 
08.08.2008 
p. 14 

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 

EN 

97 

   EN

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Belarus 

Potassium chloride 

Urea and ammonium nitrate 
solutions 

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

Brazil 

PET (polyethylene 
terephthalate) film (ext.) 

Duties 

Duties 

Duties 

Duties 

P.R. China 

Barium carbonate 

Duties 

Bicycles 

Duties 

Bicycle parts 

Duties 

L 191 
12.07.2006 
p. 1 
L 365 
21.12.2006 
p. 26 

L 213 
08.08.2008 
p. 14 
L 343 
19.12.2008 
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 

Council Reg. 
(EC) No 1050/2006 
11.07.2006 
Council Reg. 
(EC) No 1911/2006 
19.12.2006 
as last amended by 
Council Reg. 
(EC) No 789/2008 
24.07.2008 
Council Reg. 
(EC) No 1256/2008 
16.12.2008 
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 
and maintained by 
Council Reg. 
(EC) No 171/2008 
25.02.2008 
Council Reg. 
(EC) No 71/97 
10.01.97 
as last amended by 
Council Reg.  
(EC) No 1095/2005 
12.07.2005 
and maintained by 
Council Reg. 
(EC) No 171/2008 
25.02.2008 

EN 

98 

   EN

 
 
 
 
 
 
 
 
 
Castings 

Duties 

Undertakings 

Duties 
Undertakings 

Duties 

Duties 

Duties 

Duties  
(2 years) 

Citric acid 

Citrus fruits 

Chamois leather 

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

Compressors 

Council Reg. 
(EC) No 1212/2005 
25.07.2005 
as last amended by 
Council Reg. 
(EC) No 426/2008 
14.05.2008 

Commission Dec. 
No 2006/109/EC 
19.01.2006 
corrected by L 95, 
04.04.2006, p. 12 
as last amended by 
Commission Dec. 
No 2008/437/EC 
11.06.2008 
Council Reg. 
(EC) No 1193/2008 
01.12.2008 

Commission Reg. 
(EC) No 1355/2008 
18.12.2008 
Council Reg. 
(EC) No 1338/2006 
08.09.2006 
Council Reg. 
(EC) No 239/2008 
17.03.2008 
Council Reg. 
(EC) No 261/2008 
17.03.2008 

L 199 
29.07.2005 
p. 1 

L 129 
17.05.2008 
p. 1 

L 47 
17.02.2006 
p. 59 

L 153 
12.06.2008 
p. 37 
L 323 
03.12.2008 
p. 1 

L 350 
30.12.2008 
p. 35 
L 251 
14.09.2006 
p. 1 
L 75 
18.03.2008 
p. 22 
L 81 
20.03.2008 
p. 1 

EN 

99 

   EN

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Coumarin 

Duties 

Dicyandiamide 

Ferro-silicon 

Duties 

Duties 

Footwear with uppers of 
leather 

Duties 
(2 years) 

Furfuraldehyde 

Furfuryl alcohol 

Glyphosate 

Duties 

Duties 

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 
and maintained by 
Council Reg. 
(EC) No 654/2008 
29.04.2008 
Council Reg. 
(EC) No 1331/2007 
13.11.2007 
Council Reg. 
(EC) No 172/2008 
25.02.2008 
Council Reg. 
(EC) No 1472/2006 
05.10.2006 
and extended as 
concerns China to 
imports consigned 
from Macau (SAR) by 
Council Reg. 
(EC) No 388/2008 
29.04.2008 
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  

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 183 
11.07.2008 
p. 1 
L 296 
15.11.2007 
p. 1 
L 55 
28.02.2008 
p. 6 
L 275 
06.10.2006 
p. 1 

L 117 
01.05.2008 
p. 1 
L 107 
28.04.2005 
p. 1 
L 283 
31.10.2003 
p. 1 
L 303 
30.09.2004 
p. 1 

EN 

100 

   EN

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Granular polytetrafluoro-
ethylene (PTFE) 

Hand pallet trucks and their 
essential parts 

Duties 

Duties 

Ironing boards 

Duties 

Lever arch mechanisms 

Duties 

Lighters (non-refillable and 
refillable) 

Duties 

Magnesia (deadburned) 

Duties 

Magnesia bricks 

Duties 

Magnesium oxide (caustic 
magnesite) 

Duties 

Monosodium glutamate 

Duties 

Okoumé plywood 

Peroxosulphates 

Duties 

Duties 

Plastic sacks and bags 

Duties 

Council Reg. 
(EC) No 1987/2005 
02.12.2005 
Council Reg. 
(EC) No 1174/2005 
18.07.2005 
as last amended by 
Council Reg.  
(EC) No 684/2008 
17.07.2008 
Council Reg. 
(EC) No 452/2007 
23.04.2007 
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 
as last amended by 
Council Reg.  
(EC) No 906/2008 
15.09.2008 
Council Reg. 
(EC) No 778/2005 
25.05.2005 
Council Reg. 
(EC) No 1187/2008 
27.11.2008 
Council Reg. 
(EC) No 1942/2004 
02.11.2004 
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 249/2008 
17.03.2008 

L 320 
08.12.2005 
p. 1 
L 189 
21.07.2005 
p. 1 

L 192 
19.07.2005 
p. 1 
L 109 
26.04.2007 
p. 12 
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 251 
19.09.2008 
p. 1 
L 131 
25.05.2005 
p. 1 
L 322 
02.12.2008 
p. 1 
L 336 
12.11.2004 
p. 4 
L 265 
11.10.2007 
p. 1 
L 270 
29.09.2006 
p. 4 

L 76 
19.03.2008 
p. 8 

EN 

101 

   EN

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Polyester filament fabrics 
(finished) 

Duties 

Polyester staple fibres 

Duties 

PET (polyethylene 
terephthalate) 

Powdered activated carbon 
(PAC) 

Duties 

Duties 

Ring binder mechanisms 

Duties 
(4 years) 

Saddles 

Duties 

Silico-manganese 

Duties 
(suspended 
until 
06.09.2009) 

L 240 
16.09.2005 
p. 1 

L 246 
21.09.2007 
p. 1 
L 71 
17.03.2005 
p. 1 

L 211 
13.08.2005 
p. 1 
L 340 
19.12.2008 
p. 1 
L 155 
14.06.2002 
p. 1 

L 133 
29.05.2003 
p. 36 

L 181 
10.07.2008 
p. 1 
L 359 
04.12.2004 
p. 11 

L 232 
01.07.2004 
p. 1 

L 7 
12.01.2006 
p. 1 

L 221 
19.08.2008 
p. 1 
L 160 
21.06.2007 
p. 1 
L 317 
05.12.2007 
p. 5 

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 428/2005 
10.03.2005 
as last amended by 
Council Reg. 
(EC) No 1333/2005 
09.08.2005 
Council Reg. 
(EC) No 1286/2008 
16.12.2008 
Council Reg. 
(EC) No 1011/2002 
10.06.2002 
as last amended by 
Council Reg. 
(EC) No 931/2003 
26.05.2003 
and maintained by 
Council Reg. 
(EC) No 649/2008 
08.07.2008 
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 
as last amended by 
Council Reg. 
(EC) No 818/2008 
13.08.2008 
Council Reg. 
(EC) No 691/2007 
18.06.2007 
Council Reg. 
(EC) No 1420/2007 
04.12.2007 
as last amended by 
Council Reg. 
(EC) No 865/2008 
27.08.2008 

EN 

102 

   EN

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Silicon carbide 

Silicon 

Sodium cyclamate 

Stainless steel fasteners and 
parts thereof 

Duties 

Duties 

Duties 

Duties 

Steel ropes and cables 

Duties 

Strawberries (frozen) 

Duties 

Sulphanilic acid 

Duties 

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 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 (Rep. 
of) 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 
and maintained by 
Council Reg. 
(EC) No 1000/2008 
13.10.2008 

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

L 13 
19.01.2007 
p. 1 
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 275 
16.10.2008 
p. 1 

EN 

103 

   EN

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Tartaric acid 

Duties 

Trichloroisocyanuric acid 

Duties 

Tube and pipe fitting, of iron 
or steel 

Duties 

Tungsten carbide and fused 
tungsten carbide 

Duties 

Tungsten electrodes 

Duties 

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

Croatia 

Seamless pipes and tubes of 
iron or steel 

Egypt 

Ferro-silicon 

Duties 

Duties 

Duties 

Council Reg. 
(EC) No 130/2006 
23.01.2006 
as last amended by  
Council Reg. 
(EC) No 150/2008 
18.02.2008 
Council Reg. 
(EC) No 1631/2005 
03.10.2005 
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 1256/2008 
16.12.2008 
Council Reg. 
(EC) No 954/2006 
27.06.2006 
Council Reg. 
(EC) No 172/2008 
25.02.2008 

L 23 
27.01.2006 
p. 1 

L 48 
22.02.2008 
p. 1 
L 261 
07.10.2005 
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 395 
31.12.2004 
p. 56 

L 202 
03.08.2005 
p. 1 
L 72 
13.03.2007 
p. 1 
L 343 
19.12.2008 
p. 1 
L 175 
29.06.2006 
p. 4 
L 55 
28.02.2008 
p. 6 

EN 

104 

   EN

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Faeroe Islands 

Trout (large rainbow) 

Duties 

India 

Coumarin (ext.) 

Duties 

Undertakings 

Undertaking 

Dihydromyrcenol 

Duties 

Graphite electrode systems 

Duties 

Council Reg. 
(EC) No 437/2004 
08.03.2004 
as last amended by  
Council Reg. 
(EC) No 805/2008 
13.08.2008 

Commission Reg. 
(EC) No 117/2004 
23.01.2004 
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 
concerns China to 
imports consigned 
from Indonesia and 
Malaysia by  
Council Reg. 
(EC) No 1650/2006 
07.11.2006 
and maintained by 
Council Reg. 
(EC) No 654/2008 
29.04.2008 

Commission Dec. 
No 2005/3/EC 
03.01.2005 
Council Reg. 
(EC) No 63/2008 
21.01.2008 
Council Reg. 
(EC) No 1629/2004 
13.09.2004 
as last amended by 
Council Reg.  
(EC) No 1354/2008 
18.12.2008 

L 72 
11.03.2004 
p. 23 

L 217 
13.08.2008 
p. 1 

L 17 
24.01.2004 
p. 4 
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 183 
11.07.2008 
p. 1 

L 1 
04.01.2005 
p. 15 
L 23 
26.01.2008 
p. 1 
L 295 
18.09.2004 
p. 10 

L 350 
30.12.2008 
p. 24 

EN 

105 

   EN

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
PET (polyethylene 
terephthalate)  

PET (polyethylene 
terephthalate) film 

Duties 

Undertakings 

Duties 

Steel ropes and cables 

Duties 

Sulphanilic acid 

Duties 

Undertakings 

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 
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 (Rep. 
of) 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 
and maintained by 
Council Reg. 
(EC) No 1000/2008 
13.10.2008 

Commission Dec. 
No 2006/37/EC 
05.12.2005 

L 59 
27.02.2007 
p. 1 

L 288 
06.11.2007 
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 196 
25.07.2002 
p. 11 

L 22 
26.01.2006 
p. 5 

L 275 
16.10.2008 
p. 1 

L 22 
26.01.2006 
p. 52 

EN 

106 

   EN

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Synthetic fibre ropes 

Duties 

Indonesia 

Coumarin (ext.) 

Duties 

PET (polyethylene 
terephthalate)  

Sodium cyclamate 

Stainless steel fasteners and 
parts thereof 

Duties 

Undertakings 

Duties 

Duties 

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 
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 

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 

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 

EN 

107 

   EN

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Tube and pipe fitting, of iron 
or steel 

Duties (ext.) 

Israel 

PET (polyethylene 
terephthalate) film (ext.) 

Duties 

Kazakhstan 

Ferro-silicon 

Duties 

Silico-manganese 

Duties 
(suspended 
until 
06.09.2009) 

Korea (Rep. of) 

PET (polyethylene 
terephthalate)  

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 1292/2007 
30.10.2007 
and extended to 
imports consigned 
from Brazil and from 
Israel by the same 
Regulation 
Council Reg. 
(EC) No 172/2008 
25.02.2008 
Council Reg. 
(EC) No 1420/2007 
04.12.2007 
as last amended by 
Council Reg. 
(EC) No 865/2008 
27.08.2008 
Council Reg. 
(EC) No 192/2007 
22.02.2007 
corrected by 
L 215, 18.08.2007, p. 
27 

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 

L 55 
28.02.2008 
p. 6 
L 317 
05.12.2007 
p. 5 

L 59 
27.02.2007 
p. 1 

EN 

108 

   EN

 
 
 
 
 
 
 
 
 
 
 
 
 
 
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) 

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 
and maintained by 
Council Reg. 
(EC) No 1001/2008 
13.10.2008 
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 

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 275 
16.10.2008 
p. 18 
L 359 
04.12.2004 
p. 11 

L 232 
01.07.2004 
p. 1 

L 7 
12.01.2006 
p. 1 

EN 

109 

   EN

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Macau (SAR) 

Footwear with uppers of 
leather (ext.) 

Duties 
(2 years) 

F.Y.R.O.M 

Ferro-silicon 

Malaysia 

Coumarin (ext.) 

Duties 

Duties 

Glyphosate 

Duties 

PET (polyethylene 
terephthalate)  

Duties 

Council Reg. 
(EC) No 1472/2006 
05.10.2006 
and extended as 
concerns China to 
imports consigned 
from Macau (SAR) by 
Council Reg. 
(EC) No 388/2008 
29.04.2008 
Council Reg. 
(EC) No 172/2008 
25.02.2008 
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 
and maintained by 
Council Reg. 
(EC) No 654/2008 
29.04.2008 
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 

L 275 
06.10.2006 
p. 1 

L 117 
01.05.2008 
p. 1 
L 55 
28.02.2008 
p. 6 
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 183 
11.07.2008 
p. 1 
L 303 
30.09.2004 
p. 1 

L 59 
27.02.2007 
p. 1 

EN 

110 

   EN

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Tube and pipe fittings, of iron 
or steel 

Duties 

Moldova (Rep. of) 

Steel ropes and cables 

Duties (ext.) 

Morocco 

Steel ropes and cables 

Duties (ext.) 

Council Reg. 
(EC) No 1514/2002 
19.08.2002 
as last amended by 
Council Reg. 
(EC) No 778/2003 
06.05.2003 
and maintained by 
Council Reg. 
(EC) No 1001/2008 
13.10.2008 
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 (Rep. 
of) 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 (Rep. 
of) 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 

L 228 
24.08.2002 
p. 1 

L 114 
08.05.2003 
p. 1 

L 275 
16.10.2008 
p. 18 
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 

EN 

111 

   EN

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Pakistan 

Bed linen (cotton-type) 

Duties 

Philippines 

Tube or pipe fittings, of iron or 
steel 

Duties (ext.) 

Russia 

Ammonium nitrate  

Duties 

Undertakings 

Ferro-silicon 

Duties 

Council Reg. 
(EC) No 397/2004 
02.03.2004 
as last amended by 
Council Reg. 
(EC) No 396/2008 
29.04.2008 
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 
and maintained by 
Council Reg. 
(EC) No 661/2008 
08.07.2008 

Commission 
Decision 
No 2008/577/EC 
04.07.2008 
Council Reg. 
(EC) No 172/2008 
25.02.2008 

L 66 
04.03.2004 
p. 1 

L 118 
06.05.2008 
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 185 
12.07.2008 
p. 1 

L 185 
12.07.2007 
p. 43 

L 55 
28.02.2008 
p. 6 

EN 

112 

   EN

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Granular polytetrafluoro-
ethylene (PTFE) 

Potassium chloride 

Duties 

Duties 

Undertakings 

Seamless pipes and tubes of 
iron or steel 

Duties 

Steel ropes and cables 

Duties 

Urea and ammonium nitrate 
solutions 

Duties 

Undertakings 

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

Duties 

Saudi Arabia 

Polyester staple fibres 

Duties 

South Africa 

Manganese dioxides 

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 
as last amended by 
Council Reg. 
(EC) No 812/2008 
11.08.2008 
Council Reg. 
(EC) No 1279/2007 
30.10.2007 
Council Reg. 
(EC) No 1911/2006 
19.12.2006 
as last amended by 
Council Reg. 
(EC) No 789/2008 
24.07.2008 

Commission Decision 
No 2008/649/EC 
03.07.2008 
Council Reg. 
(EC) No 1256/2008 
16.12.2008 
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 221/2008 
10.03.2008 

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 220 
15.08.2008 
p. 1 
L 285 
31.10.2007 
p. 1 
L 365 
21.12.2006 
p. 26 

L 213 
08.08.2008 
p. 14 

L 213 
08.08.2008 
p. 39 
L 343 
19.12.2008 
p. 1 
L 71 
17.03.2005 
p. 1 

L 211 
13.08.2005 
p. 1 
L 69 
13.03.2008 
p. 1 

EN 

113 

   EN

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Steel ropes and cables 

Duties 

Sri Lanka 

Tube and pipe fitting, of iron 
or steel 

Duties (ext.) 

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 (Rep. 
of) 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 

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 

EN 

114 

   EN

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Taiwan 

Glyphosate 

Duties 

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 1683/2004 
24.09.2004 extended 
to such imports 
consigned from 
Malaysia & Taiwan  
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 303 
30.09.2004 
p. 1 

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 

115 

   EN

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Thailand 

Coumarin (ext.) 

Duties 

Plastic sacks and bags 

Duties 

PET (polyethylene 
terephthalate)  

Duties 

Stainless steel fasteners and 
parts thereof 

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 
and maintained by 
Council Reg. 
(EC) No 654/2008 
29.04.2008 
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 249/2008 
17.03.2008 
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 

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 183 
11.07.2008 
p. 1 
L 270 
29.09.2006 
p. 4 

L 76 
19.03.2008 
p. 8 
L 59 
27.02.2007 
p. 1 

L 302 
19.11.2005 
p. 1 

EN 

116 

   EN

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Sweet corn (prepared or 
preserved, in kernels) 

Duties 

Undertakings 

Tube and pipe fitting, of iron 
or steel 

Duties 

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

Duties 

Council Reg. 
(EC) No 682/3007 
18.06.2007 
corrected by 
L 252 of 27.09.2007, 
p. 7 
as last amended by 
Council Reg. 
(EC) No 954/2008 
25.09.2008 

Commission Dec. 
No 2007/424/EC 
18.06.2007 

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 1697/2002 
23.09.2002 
and maintained by 
Council Reg. 
(EC) No 1256/2008 
19.12.2008 

L 159 
20.06.2007 
p. 14 

L 260 
30.09.2008 
p. 1 

L 159 
20.06.2007 
p. 42 
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 343 
19.12.2008   
p. 1 

EN 

117 

   EN

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Ukraine 

Ammonium nitrate 

Duties 
(2 years) 

Council Reg. 
(EC) No 442/2007 
19.04.2007  

Undertakings 

Duties 

Duties 

Ironing boards 

Seamless pipes and tubes of 
iron or steel 

Steel ropes and cables 

Duties 

Urea and ammonium nitrate 
solutions 

Duties 

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

Duties 

Commission 
Decision 
No 2008/577/EC 
04.07.2008 
Council Reg. 
(EC) No 452/2007 
23.04.2007 
Council Reg. 
(EC) No 954/2006 
27.06.2006 
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 (Rep. 
of) 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 
as last amended by 
Council Reg. 
(EC) No 789/2008 
24.07.2008 
Council Reg. 
(EC) No 1697/2002 
23.09.2002 
and maintained by 
Council Reg. 
(EC) No 1256/2008 
16.12.2008 

L 106 
24.04.2007 
p. 1 

L 185 
12.07.2007 
p. 43 

L 109 
26.04.2007 
p. 12 
L 175 
29.06.2006 
p. 4 
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 213 
08.08.2008 
p. 14 
L 259 
27.09.2002 
p. 8 

L 343 
19.12.2008 
p. 1 

EN 

118 

   EN

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
USA 

Ethanolamines 

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

Duties 
(2 years) 

Duties 

Undertakings 

Peroxosulphates 

Duties 

Trichloroisocyanuric acid 

Duties 

Vietnam 

Bicycles 

Footwear with uppers of 
leather 

Ring binder mechanisms 
(extension from same imports 
from China) 

Duties 

Duties 
(2 years) 

Duties 
(4 years) 

Stainless steel fasteners and 
parts thereof 

Duties 

Council Reg. 
(EC) No 1583/2006 
23.10.2006 
Council Reg. 
(EC) No 1371/2005 
19.07.2005 
as last amended by 
Council Reg. 
(EC) No 435/2008 
22.05.2008 

Commission Dec. 
No 2005/622/EC 
05.08.2005 
as last amended by 
Commission Dec. 
No 2008/384/EC 
21.05.2008 
Council Reg. 
(EC) No 1184/2007 
09.10.2007 
Council Reg. 
(EC) No 1631/2005 
03.10.2005 
Council Reg.  
(EC) No 1095/2005 
12.07.2005 
Council Reg. 
(EC) No 1472/2006 
05.10.2006 
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 
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 294 
25.10.2006 
p. 2 
L 223 
27.08.2005 
p. 1 

L 132 
22.05.2008 
p. 1 

L 223 
27.08.2005 
p. 42 

L 132 
22.05.2008 
p. 20 
L 265 
11.10.2007 
p. 1 
L 261 
07.10.2005 
p. 1 
L 183 
14.07.2005 
p. 1 
L 275 
06.10.2006 
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 

119 

   EN

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
ANNEX P 

Definitive anti-subsidy measures in force on 31 December 

A. Ranked by product (alphabetical) 

Product 

Origin 

Measure 

Regulation N° 

Publication 

Antibiotics (broad spectrum) 
(AS) 

India 

Duties 

Bed linen (cotton-type) (AS) 

India 

Duties 

Graphite electrode systems 
(AS) 

India 

Duties 

PET (polyethylene 
terephthalate) (AS) 

India 

Duties 

Undertakings 

Council Reg. 
(EC) No 713/2005 
10.05.2005 
as amended by 
Council Reg. 
(EC) No 1176/2008 
29.11.2008 
Council Reg. 
(EC) No 74/2004 
13.01.2004 
as amended by 
Council Reg. 
(EC) No 1840/2006 
11.12.2006 
as last amended by 
Council Reg. 
(EC) No 813/2008 
11.08.2008 
as last amended by 
Council Reg. 
(EC) No 1353/2008 
18.12.2008 
Council Reg. 
(EC) No 1628/2004 
13.09.2004 
as last amended by 
Council Reg. 
(EC) No 1354/2008 
18.12.2008 
Council Reg. 
(EC) No 193/2007 
22.02.2007 
as last amended by 
Council Reg. 
(EC) No 1286/2008 
16.12.2008 

Council Reg. 
(EC) No 193/2007 
22.02.2007 
corrected by L 215, 
18.08.2007, p. 27 

L 121 
13.05.2005 
p. 1 

L 319 
29.11.2008 
p. 1 
L 12 
17.01.2004 
p. 1 

L 355 
15.12.2006 
p. 4 

L 220 
15.08.2008 
p. 6 

L 350 
30.12.2008 
p. 1 
L 295 
18.09.2004 
p. 4 

L 350 
30.12.2008 
p. 24 
L 59 
27.02.2007 
p. 34 

L 340 
19.12.2008 
p. 1 

L 59 
27.02.2007 
p. 34 

EN 

120 

   EN

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
PET film (polyethylene 
terephthalate) (AS) 

India 
Brazil (ext.) 
Israel (ext.) 

Duties 

Sulphanilic acid (AS) 

India 

Duties 

Undertakings 

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 1338/2002 
22.07.2002 
as last amended by 
Council Reg. 
(EC) No 123/2006 
23.01.2006 
and maintained by 
Council Reg. 
(EC) No 1010/2008 
13.10.2008 

Commission Dec. 
No 2006/37/EC 
05.12.2005 

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. 1 

L 22 
26.01.2006 
p. 5 

L 276 
17.10.2008 
p. 3 

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 

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 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 

121 

   EN

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
India 

Antibiotics (broad spectrum) 
(AS) 

Duties 

Bedlinen (cotton-type) (AS) 

Duties 

Graphite electrode systems 
(AS) 

Duties 

PET (polyethylene 
terephthalate) (AS) 

Duties 

Undertakings 

Council Reg. 
(EC) No 713/2005 
10.05.2005 
as amended by 
Council Reg. 
(EC) No 1176/2008 
29.11.2008 
Council Reg. 
(EC) No 74/2004 
13.01.2004 
as amended by 
Council Reg. 
(EC) No 1840/2006 
11.12.2006 
as last amended by 
Council Reg. 
(EC) No 813/2008 
11.08.2008 
as last amended by 
Council Reg. 
(EC) No 1353/2008 
18.12.2008 
Council Reg. 
(EC) No 1628/2004 
13.09.2004 
as last amended by 
Council Reg. 
(EC) No 1354/2008 
18.12.2008 
Council Reg. 
(EC) No 193/2007 
22.02.2007 
as last amended by 
Council Reg. 
(EC) No 1286/2008 
19.12.2008 

Council Reg. 
(EC) No 193/2007 
22.02.2007 
corrected by L 215, 
18.08.2007, p. 27 

L 121 
13.05.2005 
p. 1 

L 319 
29.11.2008 
p. 1 
L 12 
17.01.2004 
p. 1 

L 355 
15.12.2006 
p. 4 

L 220 
15.08.2008 
p. 6 

L 350 
30.12.2008 
p. 1 
L 295 
18.09.2004 
p. 4 

L 350 
30.12.2008 
p. 24 
L 59 
27.02.2007 
p. 34 

L 340 
19.12.2008 
p. 1 

L 59 
27.02.2007 
p. 34 

EN 

122 

   EN

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
PET film (polyethylene 
terephthalate) (AS) 

Duties 

Sulphanilic acid (AS) 

Duties 

Undertakings 

Israel 

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

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 
and maintained by 
Council Reg. 
(EC) No 1010/2008 
13.10.2008 

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 

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 276 
17.10.2008 
p. 3 

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 

EN 

123 

   EN

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
ANNEX Q 

Undertakings in force on 31 December 2008 

A. Ranked by product (alphabetical) 

Product 

Origin 

Measure 

Regulation N° 

Publication 

Ammonium nitrate 

Russia 
Ukraine 

Undertakings  Commission Decision 

Castings 

P.R. China 

Undertakings 

Citric acid 

P.R. China 

Undertakings 

Coumarin 

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

India 

USA 

Undertakings 

Undertakings 

PET (polyethylene 
terephthalate) 

India 
Indonesia 

Undertakings 

Australia 

Undertakings 

PET (polyethylene 
terephthalate) (AS) 

India 

Undertakings 

Potassium chloride 

Russia 

Undertakings 

Sulphanilic acid (AD + AS) 

India 

Undertakings 

Sweet corn (prepared or 
preserved, in kernels) 

Thailand 

Undertakings 

No 2008/577/EC 
04.07.2008 
Commission Dec. 
No 2006/109/EC 
19.01.2006 
corrected by L 95, 
04.04.2006, p. 12 
as last amended by 
Commission Dec. 
No 2008/437/EC 
11.06.2008 
Commission Dec. 
No 2008/899/EC 
02.12.2008 
Commission Dec. 
No 2005/3/EC 
03.01.2005 
Commission Dec. 
No 2005/622/EC 
05.08.2005 
as last amended by 
Commission Dec. 
No 2008/384/EC 
21.05.2008 
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 
corrected by L 215, 
18.08.2007, p. 27 
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 2006/37/EC 
05.12.2006 
Commission Dec. 
No 2007/424/EC 
18.06.2007 

L 185 
12.07.2008   
p. 43 
L 47 
17.02.2006 
p. 59 

L 153 
12.06.2008 
p. 37 
L 323 
03.12.2008 
p. 62 
L 1 
04.01.2005 
p. 15 
L 223 
27.08.2005 
p. 42 

L 132 
22.05.2008 
p. 20 
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 22 
26.01.2006 
p. 52 
L 159 
20.06.2007 
p. 42 

EN 

124 

   EN

 
 
 
 
 
 
Trout (large rainbow) 

Faeroe Islands 

Undertakings  

Urea and ammonium nitrate 
solutions 

Algeria 

Undertakings 

Commission Reg. 
(EC) No 117/2004 
23.01.2004 
Commission Reg. 
(EC) No 617/2000 
16.03.2000 

Russia 

Undertakings  Commission Decision 

No 2008/649/EC 
03.07.2008 

L 17 
24.01.2004 
p. 4 
L 75 
24.03.2000 
p. 3 
L 213 
08.08.20008 
p. 39 

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 

Citric acid 

Undertakings 

Faeroe Islands 

Trout (large rainbow) 

Undertakings 

India 

Coumarin 

Undertakings 

PET (polyethylene 
terephthalate) 

PET (polyethylene 
terephthalate) (AS) 

Undertakings 

Undertakings 

Sulphanilic acid (AD + AS) 

Undertakings 

Indonesia 

PET (polyethylene 
terephthalate) 

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 
corrected by L 95, 
04.04.2006, p. 12 
as last amended by 
Commission Dec. 
No 2008/437/EC 
11.06.2008 
Commission Dec. 
No 2008/899/EC 
02.12.2008 
Commission Reg. 
(EC) No 117/2004 
23.01.2004 
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 
corrected by L 215, 
18.08.2007, p. 27 
Commission Dec. 
No 2006/37/EC 
05.12.2006 
Council Reg. 
(EC) No 192/2007 
22.02.2007 

Russia 

Ammonium nitrate 

Undertakings  Commission Decision 

No 2008/577/EC 
04.07.2008 

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

L 153 
12.06.2008 
p. 37 
L 323 
03.12.2008 
p. 62 
L 17 
24.01.2004 
p. 4 
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 185 
12.07.2008   
p. 43 

EN 

125 

   EN

 
 
 
 
 
 
 
 
Potassium chloride 

Undertakings 

Commission Dec. 
No 2005/802/EC 
17.10.2005 
as last amended by 
Commission Dec. 
No 2006/557/EC 
08.08.2006 

Urea and ammonium nitrate 
solutions 

Undertakings  Commission Decision 

No 2008/649/EC 
03.07.2008 
Commission Dec. 
No 2007/424/EC 
18.06.2007 

Thailand 

Sweet corn (prepared or 
preserved, in kernels) 

Undertakings 

Ukraine 

Ammonium nitrate 

Undertakings  Commission Decision 

USA 

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

Undertakings 

No 2008/577/EC 
04.07.2008 
Commission Dec. 
No 2005/622/EC 
05.08.2005 
as last amended by 
Commission Dec. 
No 2008/384/EC 
21.05.2008 

L 302 
19.11.2005 
p. 79 

L 218 
09.08.2006 
p. 22 
L 213 
08.08.20008 
p. 39 
L 159 
20.06.2007 
p. 42 
L 185 
12.07.2008   
p. 43 
L 223 
27.08.2005 
p. 42 

L 132 
22.05.2008 
p. 20 

EN 

126 

   EN

 
 
 
 
 
ANNEX R 

Anti-dumping & anti-subsidy investigations pending 

on 31 December 2008 

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

Product 

AD/AS 

Origin 

Type 

Publication 

Aluminium foil 

Biodiesel 

Biodiesel (AS) 

AD.534 

AD.531 

Armenia 
Brazil 
P.R. China 
USA 

AS.532 

USA 

Initiation 

Initiation 

Initiation 

C 177 
12.07.2008, p. 13 

Candles, tapers and the like 

AD.528 

P.R. China 

Initiation 

Fasteners, iron or steel 

AD.525 

P.R. China 

Initiation 

Prov. duty 

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

PSC wires and strands 

AD.526 

P.R. China 

Initiation 

AD. 537  Belarus 
Turkey 
Ukraine 
P.R. China 

AD.529 

Initiation 

Ring binder mechanisms 

AD.538 

Thailand 

Initiation 

Prov. duty 

Initiation 

C 43 
16.02.2008, p. 9 

C 147 
13.06.2008, p. 5 
C 147 
13.06.2008, p. 10 
C 43 
16.02.2008, p. 14 

L 306 
15.11.2008, p. 22 
C 267 
09.11.2007, p. 31 
C 302 
14.12.2007, p. 24 
C 290 
13.11.2008, p. 13 

L 306 
15.11.2008, p. 5 
C 322 
17.12.2008, p. 13 
C 174 
09.07.2008, p. 7 
C 29 
01.02.2008, p. 13 

Seamless pipes and tubes of iron or 
steel 
Stainless steel cold rolled flat products 

Wire rod 

AD.533 

P.R. China 

Initiation 

AD.527 

AD.530 

P.R. China 
Korea (Rep. of)
Taiwan 
P.R. China 
Moldova (Rep. 
of) 
Turkey 
USA 

Initiation 

Initiation 

C 133 
08.05.2008, p. 20 

Initiation 

Initiation 

C 186 
23.07.2008, p. 32 
C 186 
23.07.2008, p. 35 

Sodium metal 

AD.531 

Sodium metal (AS) 

AS.532 

USA 

EN 

127 

   EN

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

Product 

R. No 

Origin 

Type of review 

Publication 

Castings 

R.448 

P.R. China 

Ethanolamines 

R.460 

USA 

Footwear with uppers of leather 

R.459 

Furfuryl alcohol 

R.461 

P.R. China 
Vietnam 
P.R. China 

Graphite electrode systems 

R.449 

India 

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

R.444 

P.R. China 

R.458 

P.R. China 

R. 452 

P.R. China 

Magnesia bricks 

R. 453 

P.R. China 

Plastic sacks and bags 

R. 450 

P.R. China 

Polyester filament fabrics 
(finished) 
PET (polyethylene terephthalate)  R. 462 

R. 454 

P.R. China 

Partial interim 
review 
Expiry review 

Expiry review 

Expiry review 

Partial interim 
review 
Partial interim 
review 
Anti-Circumvention 
investigation 
Partial interim 
review 
Partial interim 
review 
Partial interim 
review 
Partial interim 
review 

C 74 
20.03.2008, p. 66 
C 270 
25.10.2008, p. 26 
C 251 
03.10.2008, p. 21 
C 275 
30.10.2008, p. 11 
C 164 
27.06.2008, p. 15 
C 308 
19.12.2007, p. 15 
L 252 
20.09.2008, p. 3 
C 146 
12.06.2008, p. 27 
C 146 
12.06.2008, p. 30 
C 176 
11.07.2008, p. 9 
C 163 
26.06.2008, p. 38 

Malaysia 

Newcomer review  L 296 

Polyethylene terephtalate (PET) 
film (AS) 
Ring binder mechanisms 

R.441 

India 

R. 463 

P.R. China 

Salmon (farmed) 

R.455 

Norway 

Stainless steel fasteners and parts 
thereof 
Steel ropes and cables 

R. 457 

Vietnam 

R.446 

India 

Sweet corn (prepared or 
preserved in kernels) 
Tube or pipe fittings of iron or 
steel 
Tube or pipe fittings of iron or 
steel 
Tungsten electrodes 

R.456 

Thailand 

R.451 

R.451 

R. 464 

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

Partial interim 
review 
Expiry review 

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

Partial interim 
review 
Partial interim 
review 

05.11.2008, p. 5 
C 240 
12.10.2007, p. 6 
C 310 
05.12.2008, p. 15 
C 181 
18.07.2008, p. 25 
C 206 
13.08.2008, p. 12 
C 4 
09.01.2008, p. 22 
C 237 
16.09.2008, p. 18 
C 138 
05.06.2008, p. 42 
C 138 
05.06.2008, p. 42 
C 309 
04.12.2008, p. 11 

EN 

128 

   EN

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

Origin 

Product 

Type 

Publication 

Armenia 

Aluminium foil 

New investigation  C 177 

Belarus 

Brazil 

Hollow sections 

Aluminium foil 

12.07.2008, p. 13 

New investigation  C 290 

13.11.2008, p. 13 

New investigation  C 177 

12.07.2008, p. 13 

P.R. China 

Aluminium foil 

New investigation  C 177 

Candles, tapers and the like 

New investigation 

Castings 

Prov. duty 
Partial interim 
review 

12.07.2008, p. 13 
C 43 
16.02.2008, p. 14 
L 306 
15.11.2008, p. 22 
C 74 
20.03.2008, p. 66 

Fasteners, iron or steel 

New investigation  C 267 

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

Furfuryl alcohol 

Hand pallet trucks and their essential parts 

Hand pallet trucks and their essential parts 

Magnesia bricks 

Magnesia bricks 

Plastic sacks and bags 

Polyester filament fabrics (finished) 

PSC wires and strands 

Ring binder mechanisms 

New investigation  C 302 

09.11.2007, p. 31 

Expiry review 

Expiry review 

Partial interim 
review 
Anti-
Circumvention 
investigation 
Partial interim 
review 
Partial interim 
review 
Partial interim 
review 
Partial interim 
review 
New investigation 

Prov. duty 
Expiry review 

14.12.2007, p. 24 
C 251 
03.10.2008, p. 21 
C 275 
30.10.2008, p. 21 
C 308 
19.12.2007, p. 15 
L 252 
20.09.2008, p. 3 

C 146 
12.06.2008, p. 27 
C 146 
12.06.2008, p. 30 
C 176 
11.07.2008, p. 9 
C 163 
26.06.2008, p. 38 
C 43 
16.02.2008, p. 9 
L 306 
15.11.2008, p. 5 
C 310 
05.12.2008, p. 15 

Seamless pipes and tubes of iron or steel 

New investigation  C 174 

09.07.2008, p. 7 

Stainless steel cold rolled flat products 

New investigation  C 29 

Tube or pipe fittings or iron or steel 

Expiry review 

Tube or pipe fittings or iron or steel 

Partial interim 
review 

01.02.2008, p. 13 
C 138 
05.06.2008, p. 42 
C 138 
05.06.2008, p. 42 

EN 

129 

   EN

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Tungsten electrodes 

Wire rod 

India 

Graphite electrode systems 

Polyethylene terephtalate (PET) film (AS) 

Steel ropes and cables 

Partial interim 
review 

C 309 
04.12.2008, p. 11 

New investigation  C 133 

Partial interim 
review 
Partial interim 
review 
Partial interim 
review 

08.05.2008, p. 20 
C 164 
27.06.2008, p. 15 
C 240 
12.10.2007, p. 6 
C 4 
09.01.2008, p. 22 

Korea (Rep. of) 

Stainless steel cold rolled flat products 

New investigation  C 29 

01.02.2008, p. 13 

Malaysia 

PET (polyethylene terephthalate) 

Newcomer review  L 296 

05.11.2008, p. 5 

New investigation  C 133 

Partial interim 
review 

08.05.2008, p. 20 
C 181 
18.07.2008, p. 25 

Moldova (Rep. of)  Wire rod 

Salmon (farmed) 

Norway 

Taiwan 

Stainless steel cold rolled flat products 

New investigation  C 29 

Tube or pipe fittings or iron or steel 

Partial interim 
review 

01.02.2008, p. 13 
C 138 
05.06.2008, p. 42 

Thailand 

Ring binder mechanisms 

New investigation  C 322 

Sweet corn (prepared or preserved in 
kernels) 
Tube or pipe fittings or iron or steel 

Partial interim 
review 
Expiry review 

17.12.2008, p. 13 
C 237 
16.09.2008, p. 18 
C 138 
05.06.2008, p. 42 

Turkey 

Hollow sections 

New investigation  C 290 

Wire rod 

New investigation  C 133 

13.11.2008, p. 13 

08.05.2008, p. 20 

Ukraine 

Hollow sections 

New investigation  C 290 

USA 

Biodiesel 

Biodiesel (AS) 

Ethanolamines 

Sodium metal 

Sodium metal (AS) 

Vietnam 

Footwear with uppers of leather 

Expiry review 

Stainless steel fasteners and parts thereof 

Partial interim 
review 

13.11.2008, p. 13 

New investigation  C 147 

13.06.2008, p. 5 

New investigation  C 147 

Expiry review 

New investigation 

New investigation 

13.06.2008, p. 10 
C 270 
25.10.2008, p. 26 
C 186 
23.07.2008, p. 32 
C 186 
23.07.2008, p. 35 
C 251 
03.10.2008, p. 21 
C 206 
13.08.2008, p. 12 

EN 

130 

   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 2008 

Court of Justice 

Case C-535/06 

Case C-56/08 

Moser Baer 

Pärlitigu OÜ 

Case C-141/08 P 

Foshan Shunde Yongjian Housewares & Hardware v. Council 

Case C-158/08 

Agenzia Dogane Ufficio delle Dogane Trieste (Trieste Customs

Authority) 

Case C-260/08 

HEKO Industrieerzeugnisse GmbH 

Case C-373/08 

Hoesch Metals and Alloys GmbH 

Case C-419/08 P 

Trubowest  

Case T-199/04 

Case T-498/04 

Case T-299/05 

Case T-113/06 

Case T-115/06 

Case T-119/06 

Case T-143/06 

Case T-249/06 

Case T-314/06 

Case T-296/06 

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 

Court of First Instance 

Gul Ahmed Textile Mills Ltd. v. Council 

Zheijiang Chemical v. Council 

Shangai Excel & Shanghai Adeptech v. Council 

Fjord Seafood Norway AS et al v. Council 

Fiskeri og Havbruksnaeringens et al v. Council 

Usha Martin Ltd. v. Council and Commission 

MTZ Polyfilms Ltd. v. Council 

Niko Tube & Nyzhniodniprovskyi v. Council 

Whirlpool v. Commission 

Dongguan Nanzha Leco Stationery Mfg. 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 

EN 

131 

   EN 

Case T-167/07 

Case T-225/07 

Case T-274/07 

Case T-330/07 

Far Eastern Textile Ltd. v. Council 

Thomson Sales Europe v. Commission 

Zhejiang Harmonic Hardware Products v. Council 

Kuiburi v Council 

Case T-469/07  

Philips Lighting Poland SA and Philips Lighting BV v Council 

Case T-459/07 

Case T-108/07 

Case T-190/08 

Case T-192/08 

Case T-234/08 

Case T-235/08 

Case T-259/08 

Case T-369/08 

Case T-459/08 

Case T-536/08 

Case T-537/08 

Hangzhou Duralamp Electronics Co,. Ltd v Council 

TNC  Kazchrome  and  ENRC  Marketing  AG  v  Council  and 
Commission 

Chelyabinskij 
Kuznetskie Ferrosplavy v. Council and Commission 

electrometalurgicheskij 

kombinat 

and 

TNK Kazchrome and ENRC Marketing v. Council 

EuroChem Mineral and Chemical Company OAO (EuroChem 
MCC) v. Council 

Acron OAO and Dorogobuzh OAO v. Council 

Global Digital Disc GmbH & Co. KG v. Commission  

EWRIA and others vs. Commission 

EuroChem Mineral and Chemical Company OAO (EuroChem 
MCC) v. Council 

Huvis v. Council 

Cixi Jiangnan Chemical Fiber and others v. Council 

B. 

Judgments, orders and other decisions rendered by the Court of Justice and the Court 
of First Instance of the European Communities in 2008. 

Court of Justice 

Provincia di Ascoli Piceno, Comune di Monte Urano, 

Case C-461/07 P(I)∗ 

(Sun Sang Kong Yuen Shoes Factory (Hui Yang) Corp., Ltd, 

Council of the European Union) 

Case C-462/07 P(I)*  

Provincia di Ascoli Piceno, Comune di Monte Urano, 

(Zhejiang  Aokang  Shoes  Co.,  Ltd,  Council  of  the  European 

∗  appeal against Court of First Instance order dismissing right to intervene 

EN 

132 

   EN 

 
 
 
                                                 
Union) 

Case C-463/07 P(I)*  

Provincia  di  Ascoli  Piceno,  Comune  di  Monte  Urano, 
(Wenzhou  Taima  Shoes  Co.,  Ltd,  Council  of  the  European 
Union) 

Case C-464/07 P(I)* 

Provincia di Ascoli Piceno, Comune di Monte Urano, 

(Apache  Footwear  Ltd,    Apache  II  Footwear  Ltd,  Council  of 
the European Union) 

Case C-398/05 

AGST Draht- und Biegetechnik 

Case C-263/06 

Carboni e Derivati 

Case T-314/06** 

Case T-151/06 

Case T-206/07 

Case T-429/04 

Case T-348/05 

Court of First Instance 

Whirlpool  (CECED)  v.  Council  (LG  Electronics)  [Electrolux 
application for leave to intervene] 

Aluminium Silicon Mill Products GmbH v. Commission 

Foshan Shunde Yongjian Housewares & Hardware v. Council 

Trubowest Handel and Makarov v. Council 

JSC Kirovo-Chepetsky v. Council 

Case T-466/07  

Osram v Council 

Case T-221/05 

Case T-364/06 

Case T-301/06 

Case T-45/06 

Case T-383/03 

Case T-462/04 

Huvis Corporation v. Council 

Xinhui Alida Polythene Ltd. v. Council 

Lemaître Sécurité SAS v. Commission 

Reliance Industries Ltd. v. Council 

Hynix v. Council 

Heg Ltd. and Graphite India Ltd. v. Council 

** application for leave to intervene 

EN 

133 

   EN 

                                                 
ANNEX T 

Safeguard and surveillance measures in force on 31 December 2008 

A. Safeguard measures 

List of safeguard measures in force 

Product 

Country of origin  Regulation/ Decision 

OJ Reference 

None 

- 

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 

134 

   EN 

 
 
ANNEX U 

Refunds during the period 1 January - 31 December 2008 

LODGED 

PRODUCT 

ORIGIN 

REFERENCE 

PET 

FPFAF 

FPFAF 

Castings 

Castings 

Shoes 

Plastic Sacs and bags 

Plastic Sacs and bags 

Ironing boards 

Ironing boards 

Ironing boards 

Ironing boards 

Ironing boards 

Ironing boards 

Ironing boards 

Ironing boards 

Ironing boards 

Ironing boards 

Ironing boards 

Ironing boards 

Ferro Silicon 

Ferro Silicon 

Ferro Silicon 

EN 

RF 39/02 

RF 41/04 

 RF 41/05 

 RF 42/03 

RF 42/04 

RF 47/05 

RF 49/03 

 RF 49/04 

 RF 51/08 

 RF 51/01 

 RF 51/02 

 RF 51/03 

 RF 51/04 

 RF 51/05 

 RF 51/06 

 RF 51/07 

 RF 51/09 

 RF 51/10 

 RF 51/11 

 RF 51/12 

RF 52/01 

RF 52/02 

RF 52/03 

Malaysia 

PR China 

PR China 

PR China 

PR China 

PR China 

PR China 

PR China 

PR China 

Ukraine 

Ukraine 

Ukraine 

Ukraine 

Ukraine 

Ukraine 

Ukraine 

Ukraine 

Ukraine 

Ukraine 

Ukraine 

FYROM 

FYROM 

FYROM 

135 

   EN 

Ferro Silicon 

Compressors 

FYROM 

PR China 

RF 52/04 

RF 53/01 

ONGOING ANALYSES  

PRODUCT 

ORIGIN 

REFERENCE 

Hand pallet trucks 

Hand pallet trucks 

Castings 

Magnesia Bricks 

Tungsten electrodes 

Plastic sacs and bags 

DRAMs 

DRAMs 

Shoes 

Bed linen 

Bed linen 

Bed linen 

PR China 

PR China 

PR China 

PR China 

PR China 

PR China 

South Korea 

South Korea 

PR China 

RF 37/04 

RF 37/05 

RF 42/01 

RF 45/01 

RF 50/01 

RF 49/02 

RF 40/01 

RF 40/02 

RF 47/03 

DECISIONS ADOPTED 

PRODUCT 

ORIGIN 

DECISION 

REFERENCE 

Pakistan 

Pakistan 

Pakistan 

(2008) 

RF 33/07 

(2008) 

RF 33/08 

(2008) 

RF 33/09 

C 
1067 

C 
1066 

C 
1068 

EN 

136 

   EN