COMMISSION STAFF WORKING DOCUMENT Accompanying document to the   28th ANNUAL REPORT FROM THE COMMISSION  TO THE EUROPEAN PARLIAMENT   ON THE EU’S ANTI-DUMPING, ANTI-SUBSIDY   AND SAFEGUARD ACTIVITIES  (2009)    COM(2010) 558
Date: 2010-10-13
Institutions: European Commission
Subjects: activity report, anti-dumping legislation, anti-subsidy proceeding, protective clause

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 13.10.2010 
SEC(2010) 1194 final 

COMMISSION STAFF WORKING DOCUMENT 

Accompanying document to the 

28th ANNUAL REPORT FROM THE COMMISSION 

TO THE EUROPEAN PARLIAMENT 

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

AND SAFEGUARD ACTIVITIES 

(2009) 

COM(2010) 558  

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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 EU legislation........................................................................................................ 7 

1.2. 

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

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

1.2.2.  The EU 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 

TDI Review – Reflection time ................................................................................... 16 

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

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

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

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

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

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

4.6.  

Belarus ....................................................................................................................... 18 

5. 

6. 

Trade Defence Instruments – Raw Material Strategy ................................................ 18 

Information and Communication activities / Bilateral contacts................................. 19 

6.1. 

Small and medium sized enterprises (SMEs) ............................................................ 19 

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6.2. 

Bilateral contacts/information activities – industry and third countries .................... 20 

7. 

8. 

8.1. 

8.2. 

9. 

The Hearing Officer ................................................................................................... 20 

General overview of anti-dumping and anti-subsidy investigations and measures ... 21 

New investigations ..................................................................................................... 21 

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

Overview of activities in 2009 ................................................................................... 25 

9.1. 

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

9.1.1. 

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

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

9.1.3.  Definitive measures.................................................................................................... 27 

9.1.4  Details on individual cases (in alphabetical order) .................................................... 28 

9.1.6.  Details on some individual cases ............................................................................... 37 

9.2. 

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

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

9.2.2. 

Interim reviews .......................................................................................................... 42 

9.2.3. 

“Other” interim reviews ............................................................................................. 46 

9.2.4.  New exporter reviews ................................................................................................ 46 

9.2.5.  Absorption investigations .......................................................................................... 47 

9.2.6  Circumvention investigations .................................................................................... 47 

9.3. 

Safeguard investigations ............................................................................................ 49 

10. 

Enforcement of anti-dumping/countervailing measures ............................................ 49 

10.1. 

Follow-up of measures............................................................................................... 49 

10.2.  Monitoring of undertakings ....................................................................................... 50 

11. 

12. 

Refunds ...................................................................................................................... 51 

Judicial review: decisions given by the Court of Justice / Court of First Instance .... 51 

12.1.  Overview of the judicial reviews in 2008 .................................................................. 51 

12.2.  Cases pending ............................................................................................................ 51 

12.3.  New cases................................................................................................................... 51 

12.4. 

Judgments rendered and orders issued by the General Court .................................... 51 

12.4.1  Certain seamless pipes and tubes of iron or non-alloy steel originating in, inter alia, 
Ukraine – T-249/06 – Interpipe Nikopolsky Seamless Tubes Plant Niko Tube ZAT 

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and Interpipe Nizhnedneprovsky Tube Rolling Plant VAT v. Council of the 
European Union – Judgment of 10 March 2009 (OJ C 90 of 18.04.2009, p.25) ....... 52 

12.4.2   Certain electronic weighing scales (REWS) originating in, inter alia, China – T-

299/05 – Shanghai Excell M&E Enterprise Co. Ltd and Shanghai Adaptech Precision 
Co. Ltd v. Council of the European Union – Judgment of 18 March 2009 (OJ C 113 
of 16.05.2009, p.30) ................................................................................................... 53 

12.4.3  Lever arch mechanisms originating in China – T-296/06 – Dongguan Nanzha Leco 

Stationery Mfg. Co., Ltd v. Council of the European Union – Judgment of 23 
September 2009 (OJ C 267 of 07.11.2009, p.55) ...................................................... 54 

12.4.4  Certain footwear with uppers of leather originating in, inter alia, China – T-1/07 – 

Apache Footwear Ltd and Apache II Footwear Ltd (Qingxin) v. Council of the 
European Union – Judgment of 9 December 2009 (OJ C 24 of 30.01.2010, p.46) ... 54 

12.5. 

Judgments rendered by the Court of Justice .............................................................. 55 

12.5.1 

Ironing boards originating in, inter alia, China – C-141/08 P – Foshan Shunde 
Yongjian Housewares & Hardware Co. Ltd. (appellant) Council of the European 
Union (defendant at first instance) – Judgment of 1 October 2009 (OJ C 282 of 
21.11.2009, p.9) ......................................................................................................... 55 

13. 

Activities in the framework of the World Trade Organization (WTO) ..................... 56 

13.1.  Dispute settlement in the field of anti-dumping, anti-subsidy and safeguards .......... 56 

13.1.1.  Overview of the WTO dispute settlement procedure................................................. 56 

13.1.2.  Dispute settlement procedures against the Union ...................................................... 56 

13.2.  Other WTO activities ................................................................................................. 57 

14. 

Conclusion ................................................................................................................. 57 

ANNEX A ................................................................................................................................ 60 

ANNEX B ................................................................................................................................ 61 

ANNEX C ................................................................................................................................ 63 

ANNEX D ................................................................................................................................ 64 

ANNEX E ................................................................................................................................ 65 

ANNEX F................................................................................................................................. 66 

ANNEX G ................................................................................................................................ 68 

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EXECUTIVE SUMMARY 

This report is submitted to the European Parliament following its resolution of 16 December 
1981  on  the  EU'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 EU 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 2009.  

2009  saw  a  slight  increase  in  the  number  of  new  cases  initiated  when  compared  to  the 
previous year, 21 as compared to 20 in 2008. Regarding other activities, 2009 saw a doubling 
in  the  number  of  provisional  measures  imposed  (10)  while  the  number  of  investigations 
terminated without measures increased from 3 in 2008 to 11 in 2009.  There was a drop in the 
number of definitive measures imposed down from 16 in 2008 to 11 in 2009.  

As regards review investigations initiated, there was a significant increase from 23 in 2008 to 
34 in 2009.  These included 11 expiry reviews and 14 interim reviews.  In the period 5 expiry 
reviews  were  concluded  with  confirmation  of  the  measures  and  13  interim  reviews  were 
concluded with the measures being confirmed and/or amended.   

There was no new activity in the area of safeguards.  There were no safeguard measures in 
place at the start of 2009 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.  In  2009,  the  Court  of  Justice  (COJ)  and  the  General  Court  (GC)  rendered  13 
judgments in total relating to the areas of anti-dumping or anti-subsidy. 2009 was the second 
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 European Parliament's INTA Committee was regularly informed about developments in 
the EU's trade defence activities. 

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

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

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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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This report is also available to the general public.  

Internet Website : http://ec.europa.eu/trade/tackling-unfair-trade/trade-defence/anti-dumping/ 

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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 EU played an 
active role in the negotiation of these relevant criteria which are reflected in its own 
legislation. The EU'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 EU plays as a prudent user has therefore also an exemplary 
function at WTO level. 

1.1.2.  The EU legislation 

The  EU’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 EU, entered into force in 
March 1996 and October 1997 respectively. These are in line with the Anti-Dumping 
and  Anti-Subsidy  Agreements  adopted  during  the  GATT/WTO  negotiations.  The 
basic texts are: 

– 

– 

Council  Regulation  (EC)  No  1225/2009  of  30  November  2009  on  protection 
against  dumped  imports  from  countries  not  members  of  the  European  EU  – 
Codified Version3 

Council Regulation (EC) No 597/2009  of 11  June 2009  on protection  against 
subsidized imports from countries not members of the European EU – Codified 
Version4. 

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

The  EU  legislation  contains  a  number  of  provisions  aimed  at  ensuring  a  balanced 
application  of  the  EU’s  Anti-Dumping  and  Anti-Subsidy  rules  on  all  interested 

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OJ L 343, 22.12.2009, p.51 Codified version 
OJ L 188, 18.07.2009, p. 93 Codified Version 

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parties.  These  provisions  include  the  “EU  interest  test”  and  the  “lesser  duty  rule”, 
which go beyond the WTO obligations. 

The EU 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  EU.  This  requires  an 
analysis of all the economic interests involved, including those of the EU  industry, 
users, consumers and traders of the product concerned. The EU interest test does not 
involve wider aspects such as foreign or development policy considerations. 

The lesser duty rule requires the measures imposed by the EU to be lower than the 
dumping or subsidy margin, if such lower duty rate is sufficient to remove the injury 
suffered by the EU industry. Such a “no-injury” rate is determined by using the cost 
of production of the EU 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 EU 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  EU  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 EU legislation 

The  above-mentioned  principles  are  all  reflected  in  the  relevant  EU  regulations, 
except  for  the  “unforeseen  development  requirement”  (which  is  not  in  the  EU  law 
but  has  been  confirmed  as  a  self-standing  condition  by  WTO  jurisprudence). 
Additionally, the adoption of measures in the EU 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 EU’s interest to do 
so. The current EU safeguard instruments are covered by the following regulations: 

– 

– 

– 

Council  Regulation  (EC)  No  260/20095  on  the  common  rules  of  imports  – 
Codified Version 

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 EU 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  EU’s  anti-dumping  legislation 
defines  anti-dumping  as  selling  a  product  in  the  EU  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 EU. 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  EU  at  dumped  or  subsidised  prices. 
Measures can only be taken if these exports cause material injury to EU 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 EU 
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 EU 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 
EU 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  EU  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.  EU 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 EU. 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  EU  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  EU  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  EU 
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 EU to the 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  EU  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  EU  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 EU 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 EU 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  EU  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 EU in such increased quantities and/or on such terms and conditions as to cause, 
or  threaten  to  cause,  serious  injury  to  EU  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 260/2009 on common rules for imports (Codified version). 

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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 EU 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 EU 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 EU 
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. 

TDI REVIEW – REFLECTION TIME  

The  process  launched  by  former  Trade  Commissioner  Mandelson  ("Green  Paper 
process") addressing the possibility of reforming the anti-dumping rules with a view 
to  modernising  and  making  the  system  more  transparent  was  put  on  hold  at  the 
beginning  of  2008  due  to  clear  lack  of  consensus  among  Member  States  (and 
European Parliament). This reflection process continued in 2009.  

The new Trade Commissioner's portfolio includes e.g. the question of updating and 
modernising  our  current  trade  defence  instruments.  At  the  European  Parliament 
hearing in 2009 the new Trade Commissioner signalled openness to this debate but 
subject to clear conditions including that the results of the DDA WTO negotiations 
on  the  TDI  must  be  awaited  before  launching  the  process  again.    This  is  a  view 
which  is  shared  by  most  stakeholders.  A  further  pre-condition  is  that  sufficient 
support is needed by all stakeholders to proceed.  

Despite the postponement of "reform" due to insufficient consensus at the time, the 
Commission, Member States and stakeholders have last year identified transparency 
as an area where the EU's TDI system could be modernised.  In mid 2009, after an 
intensive  and  wide  ranging  consultation,  the  Commission  agreed  with  EU  Member 
States  on  ways  in  which  transparency  in  TDI  proceedings  can  be  improved.  The 
measures  proposed  (e.g.  a  greatly  enhanced  TDI  website;  the  provision  of  specific 
assistance  to  SMEs;  the  simplification  of  TDI  questionnaires;  more  extensive 
disclosure  to  interested  parties  in  TDI  proceeding  and  an  enhanced  role  for  the 
Hearing  Officer)  can  be  carried  out  without  any  legislative  changes  and  are  now 
being implemented. The full implementation is expected to be concluded in 2010. 

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4. 

COUNTRY-WIDE MARKET ECONOMY STATUS (MES) 

A  normal  anti-dumping  investigation  can  only be  conducted  if  costs  and  prices  are 
reliable and the result of market forces. 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); 

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.  

2009  saw  the  continued  evaluation  of  five  requests  for  country-wide  MES  by  the 
Commission 
(China,  Vietnam,  Armenia,  Kazakhstan  and  Mongolia).  The 
Government of the Republic of Belarus also lodged an official request to be granted  
market economy status in May 2009 and analysis of the Belarus file will start once 
additional information has been received from them. 

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 
six countries 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. 
In  July  2009  the  9th  thematic  MES  Working  Group  China  met  in  Brussels.  The 
meeting took place in a good atmosphere and provided some constructive proposals 
for  the  future  work  of  this  Working  Group.  Following  comprehensive  consultation 
the  Chinese  authorities  finally  provided  feed-back  on  the  terms  of  reference  of  the 
study on the accounting practices of China and declared that they would provide the 

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necessary support for the study. The study will be financed by the Commission and 
therefore  the  Commission  published  the  relevant  tender  document  late  autumn  last 
year. A contractor has been selected and the results of the study will be available at 
the end  of 2010. After the presentation of the last preliminary assessment report in 
mid  2008,  the  year  2009  was  used  as  a  period  for  further  assessment  of  China's 
progress towards a market economy. The Commission will continue their evaluation 
in  close  cooperation  with  relevant  Chinese's  authorities  and  a  further  report  is 
expected for early 2010 

4.2 

Vietnam 

Vietnam's  second  preliminary  assessment  report  was  near  completion  at  the  end  of 
2009.  To  prepare  this  report  a  number  of  bilateral  meetings  with  Vietnamese's 
authorities took place in the course of the year. Efforts also focussed on identifying 
steps  which  are  needed  to  achieve  fast  results  in  terms  of  Vietnam's  goal  to  be 
granted market economy status.   

4.3 

Armenia 

The  first  assessment  report  of  Armenia's  requests  to  be  granted  market  economy 
status was completed at the end of 2009 and transmitted to the Council.  The report 
concluded  that  Armenia  had  made  significant  progress  towards  MES  already 
fulfilling two of the five criteria for MES. 

4.4 

Kazakhstan 

Following  the  replies  submitted  to  the  European  Commission  by  the  Kazakh 
Government  at  the  end  of  May  2008,  there  have  been  a  number  of  legislative 
developments  which  may  have  had  a  bearing,  directly  or  indirectly,  on  costs  and 
prices in the context of anti-dumping investigations. As a result, in August 2009, the 
Commission  requested  certain  information  concerning  these  legal  developments.  In 
the meantime, the drafting of the first assessment report was ongoing during 2009.  

4.5 

Mongolia 

After the decision of the Mongolian Government to postpone the on spot verification 
mission  scheduled  for  autumn  2008  the  Commission  repeated  its  readiness  for  a 
further  mission.  At  the  end  of  May  2009  Mongolia  responded  positively  on  this 
Commission's  proposal.  The  mission  is  scheduled  to  take  place  around  mid  2010. 
The  Commission  provided  information  on  progress  of  the  MES  assessment  at  the 
Joint EU-Mongolia Trade Committee in September 2009.  

4.6.  

Belarus 

In May 2009 the Minister of Foreign Affairs of the Republic of Belarus addressed an 
official  request  to  the  EU  for  market  economy  status.  A  number  of  meetings  took 
place with the Belarus authorities to explain the MES assessment procedure and the 
decision making  process.  The Commission also invited the Belorussian  authorities 
to submit more substantial background  information concerning  the  concrete market 
situation and the existence and application of laws which are relevant in the context 
of the MES assessment.  

5. 

TRADE DEFENCE INSTRUMENTS – RAW MATERIAL STRATEGY 

TDI provides certain tools to address some consequences of distortions in the supply 
of raw materials in line with the overall Commission's trade policy on raw materials. 

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In 2009 definitive anti-dumping measures were imposed on fasteners originating in 
China.    In  the  context  of  this  investigation  five  Chinese  companies  selected  in  the 
sample  had  requested  Market  economy  treatment.  However  all  five  were  denied 
MET  on  the  grounds  that  the  costs  of  the  major  input,  steel  wire  rod,  did  not 
substantially  reflect  market  values,  as  required  by  Article  2(7)(c)  of  the  basic 
Regulation.  The  investigation  had  found  that  the  prices  of  steel  wire  rod  on  the 
Chinese market were significantly lower than those charged on other markets, such 
as Europe, India, North America and Japan. It was found that, as China has to import 
the majority of its iron ore at international market prices it does not benefit from any 
natural  comparative  advantage,  which  could  have  explained  the  abnormally  low 
prices of steel wire rod on their domestic market.  Further investigation into various 
studies  pointed  to  significant  State  interference  in  the  sector  including  significant 
Government subsidies, various tax concessions and grants.   This state interference in 
the sector clearly gave Chinese fasteners an unfair competitive advantage over their 
European counterparts and demonstrated very clearly that the companies concerned 
were not operating in market economy conditions as claimed.  This was the first case 
where MET was refused on these grounds.    

The existence of such distortions is also taken into account when assessing requests 
for global Market Economy Status (MES) by non-market economies.  In this context 
the  role  of  the  country  concerned  is  examined  vis-à-vis  their  interference  in  the 
market and any policies which result in distorted prices of raw materials.      

6. 

INFORMATION AND COMMUNICATION ACTIVITIES / BILATERAL CONTACTS 

6.1. 

Small and medium sized enterprises (SMEs) 

The Commission recognises the important role that SMEs have in the EU's economy. 
The  Commission  is  also  aware  of  the  fact  that  SME's  involved  either  as  EU 
producers,  importers  or  users  in  trade  defence  investigations  initiated  by  the 
Commission  or  as  exporters  in  investigations  initiated  by  third  countries  find  it 
difficult to participate in such investigations.  

The Trade Defence Helpdesk for SMEs was set up in view of the complexity of TDI 
their 
proceedings,  especially  for  SME's,  because  of 
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.  This 
TDI  website  was  completely  revised,  making  it  more  accessible  and  user-friendly, 
especially for SMEs. 

their  small  size  and 

In 2009 these contact points received many requests for information, which were all 
immediately addressed. These requests concerned both the procedures and content of 
TDI proceedings. 

At the end of 2009, the Commission launched a study to identify the needs of SMEs 
in  the  27  EU  Member  States  when  submitting  a  complaint  or  participating  in  trade 
defence investigations as an importer or as a user. The outcome of the study should 
also include specific proposals on how the Commission could better assist SMEs in 
all areas of such investigations.  

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A  contractor  is  selected  and  the  final  study  report  will  be  ready  at  the  last  quarter 
2010.  

6.2. 

Bilateral contacts/information activities – industry and third countries 

Explaining  the  legislation  and  practice  of  the  EU's  trade  defence  activity  is  an 
important part of the work of the TDI services.   

A seminar on trade defence for officials from third countries had been scheduled to 
take place in 2009 but had to be deferred to 2010.  However there were a number of 
bilateral contacts dedicated to discussing various trade defence related topics with a 
number of third countries including China, Korea and Ukraine held in 2009. 

There were also several meetings with key stakeholder associations and companies in 
2009, including a number of events with Business Europe (namely a general meeting 
with all the most relevant members of the association and several bilateral meetings 
with  Business  Europe's  Committee  on  Trade  Policy),  as  well  as  a  one-day  seminar 
with the most relevant associations of importers and distributors in April 2009.   

7. 

THE HEARING OFFICER 

2009 was the second 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.  

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 on any issues arising out of 
trade proceedings, where appropriate.  

In 2009 the Hearing Officer had 30 interventions in 24 cases and held 14 hearings. 
He  intervened  at  different  stages  of  the  investigations  –  at  complaint's  stage, 
sampling,  MET/IT,  choice  of  an  analogue  country,  provisional,  undertaking  and 
definitive  stage.  The  requests  concerned  issues  covering  almost  all  aspects  of  an 
investigation. The analysis of the cases shows that interested parties see advantages 
in  involving  the  Hearing  Officer  as  a  mediator  and  as  a  neutral  authority  through 
which they can invoke reconsideration of their arguments and receive more detailed 
explanations  on  their  factual  and  legal  situation.  The  participation  in  hearings  with 
the Hearing Officer and the implementation of the improved transparency policy also 
showed  the  need  and  the  willingness  of  the  investigation  services  to  request  the 
advice of the Hearing Officer.  

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The majority of requests for intervention of the Hearing Officer in 2009 concerned 
the  access  to  and  the  quality  of  the  non-confidential  files.  The  other  main  field  of 
activity  of  the  Hearing  Officer  concerned  the  timing  and  content  of  disclosures.  In 
the  opinion  of  the  Hearing  Officer,  interested  parties  must  have  significantly  more 
than  10  days  for  comments  on  disclosure  in  review  cases.  In  addition,  interested 
parties  could  obtain  more  detailed  explanations  which  would  enable  them  to  better 
understand  the  facts  and  considerations  on  which  the  Commission  made  its 
decisions. 

The  Hearing  Officer  continued  to  be  associated  in  a  number  of  policy  discussions 
related  to  due  process  issues  undertaken  by  the  TDI  services  and  welcomed 
improvement for example by the new Notice of Initiation and the improved policy on 
the non-confidential files.  

An  update  of  the  Guidelines  on  cooperation  between  the  Hearing  Officer  and  the 
trade investigation services should be approved during 2010. Thereafter information 
about their content will be made available on the internet site of the Hearing Officer. 
The  discussion  about  a  Commission  decision  on  the  terms  of  reference  for  the 
Hearing Officer of DG Trade will follow soon.  Such a decision will be based on the 
experience gained during the first years and will provide a formal legal basis which 
will define the status and the mandate of the Hearing Officer. 

8. 

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

The number of new investigations initiated in 2009 increased very slightly over 2008 
levels,  21  compared  to  20.  The  number  of  definitive  measures  imposed  dropped 
while the number of provisional measures imposed in 2009 was double the number 
imposed in 2008.  Below are details on new investigations and review investigations. 

8.1. 

New investigations 

At  the  end  of  2009,  the  EU  had  135  anti-dumping  measures  and  8  countervailing 
measures  in  force11.  The  anti-dumping  measures  covered  69  products  and  28 
countries  (see  Annex  O);  the  countervailing  measures  covered  6  products  and  4 
countries  (see  Annex  P).  Of  the  measures,  the  large  majority  was  in  the  form  of 
duties; however, in a number of cases, undertakings were accepted. 

Of  the  135  anti-dumping  measures  in  force  at  the  end  of  2009  the  main  countries 
affected were China 54, India, Russia and Thailand 8 each,  Taiwan and Ukraine 6 
each, USA, Korea and Indonesia 5 each and Vietnam and Malaysia 4 each.  Of the 8 
anti-subsidy measures in place the majority concern imports from India – 5 in total, 
with 1 each for Brazil, Israel and USA.  

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  2009,  only 

11 

The measures are counted per product and country concerned. 

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0.6%12  of  total  imports  into  the  EU  was  affected  by  anti-dumping  or  anti-subsidy 
measures. 

Table 1 below provides statistical information on the new investigations for the years 
2005 – 2009.  

12 

Source Comext. 

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TABLE 1 

Anti-dumping and anti-subsidy new investigations 

during the period 1 January 2005 - 31 December 200913 

Investigations in progress at the beginning of 
the period 

2005 

2006 

2007 

2008 

2009 

31 

28 

33 

20 

26 

Investigations initiated during the period 

Investigations in progress during the period 

26 

57 

36 

64 

9 

42 

20 

42 

21 

47 

Investigations concluded : 

imposition of definitive duty or 

- 
acceptance of undertakings 

- 

terminations14 

Total investigations concluded during the 
period 

Investigations in progress at the end of period 

Provisional measures imposed during the 
period 

19 

13 

12 

16 

11 

10 

29 

28 

15 

18 

31 

33 

13 

10 

22 

20 

12 

3 

16 

26 

5 

11 

22 

25 

10 

Details on the conclusions can be found under heading 9.1. 

8.2. 

Review investigations 

Anti-dumping  measures,  including  price  undertakings,  may  be  subject,  under  the 
basic  Regulation,  to  five  different  types  of reviews:  expiry  reviews  (Article  11(2)), 
interim reviews (Article 11(3)), newcomer investigations (Article 11(4)), absorption 
investigations (Article 12) and circumvention investigations (Article 13).  

13 

14 

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

EN 

23 

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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 2005 to 2009, a total of 190 review investigations 
were  initiated.  These  review  investigations  represented  63%  of  all  investigations 
initiated in that period. 

In  2009,  34  reviews  were  initiated.  Of  these,  11  were  expiry  reviews,  14  interim 
reviews, 6 newcomer review, 2 other review and 1 circumvention investigation. 

An overview of the review investigations in 2009 can be found in Annexes F to K. 
Table 2 provides statistical information for the years 2005 - 2009. 

TABLE 2 

Reviews of anti-dumping and anti-subsidy investigations  

during the period 1 January 2005 - 31 December 200915 

Reviews in progress at the beginning of the 
period 

2005 

2006 

2007 

2008 

2009 

42 

63 

52 

46 

32 

Reviews initiated during the period 

Reviews in progress during the period 

Total reviews concluded during the period16 

Reviews in progress at the end of the period 

57 

99 

36 

63 

35 

41 

98     

93 

46 

52 

47 

46 

23 

69 

37 

32 

34 

66 

30 

33 

Details on the conclusions can be found under heading 9.2. 

15 

16 

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. 

EN 

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9. 

OVERVIEW OF ACTIVITIES IN 2009 

9.1. 

New investigations 

9.1.1. 

Initiations 

In 2009, 15 new anti-dumping  investigations  and 6  new anti-subsidy investigations 
were  initiated  in  the  period.  The  anti-dumping  investigations  involved  10  different 
products  from  9  different  countries.  The  anti-subsidy  investigations  involve  3 
products 6 different countries. Details of these investigations are given in Annex A. 
The  country  most  affected  by  the  anti-dumping  investigations  is  China  with  7 
investigations  and  1  investigation  each  opened  concerning  India,  Iran,  Korea, 
Malaysia,  Pakistan,  Taiwan,  Thailand  and  United  Arab  Emirates.    The  main  sector 
concerned by these new cases is chemicals.  

In  the  five-year  period  from  2005  to  2009,  112  investigations  were  initiated  on 
imports  from  27  countries.  The  main  sectors  concerned  by  the  investigations  were 
chemical and allied - 29 investigations, iron and steel – 20 investigations, electronics  
- 13 investigations and other metals - 10 investigations. A breakdown of the product 
sectors is given in Annex B(A). 

The main countries concerned during the period from 2005 to 2009 were the People's 
Republic  of  China  with  39  investigations,  Malaysia  and  Thailand  with  7  each, 
Taiwan and USA with 6 each, India with 5, Korea, Russia and Ukraine with 4 each, 
Pakistan and Turkey with 3 each, Belarus, Hong Kong, Iran, Kazakhstan, Romania 
(prior  to  accession)  and  UAE  with  2  each  and  Armenia,  Bosnia  &  Herzegovina, 
Brazil,  Croatia,  Egypt,  Guatemala,  Japan,  FYROM,  Republic  of  Moldova,  South 
Africa and Vietnam all with 1 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 list of cases initiated in 2009 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 

Cargo scanning systems 
(AD) 

P.R. China 

Smiths Detection Group Ltd 

Molybdenum wires (AD) 

P.R. China 

Sodium gluconate (AD) 

P.R. China 

Aluminium road wheels 
(AD) 

Stainless steel fasteners 
(AD &AS) 

P.R. China 

India 
Malaysia 

European Association of Metals 
(EUROMETAUX) 

European Chemical Industry Council 
(CEFIC) 

Association of European Wheel 
Manufacturers (EUWA) 

European Industrial Fasteners 
Institute (EIFI) 

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Polyethylene terephthalate 
(PET) 
(AD & AS) 

Iran 
Pakistan 
UAE 

Polyethylene terephthalate committee 
of plastics Europe.  

High tenacity yarn of 
polyesters (AD) 

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

European man-made fibres 
association (CIRFS) 

Ironing boards (AD)  

P.R. China 

Continuous filament glass 
fibre products (AD) 

Purified terephthalic acid 
and its salts (AD &AS) 

P.R. China 

Thailand 

Since Hardware (Guangzhou) Co. 
Ltd. 

European Glass Fiber Producers 
Association 

BP Aromatics Limited NV and 
CEPSA Quimica S.A. 

9.1.2.  Provisional measures 

In 2009, provisional duties were imposed in 9 anti-dumping proceedings and 1 anti-
subsidy  proceeding.  They  involved  imports  of  6  products  covering  5  countries.  As 
shown in Table 1 (see point 8.1), this figure compares to 5 in 2008 and 12 in 2007. 

The list of cases where provisional measures were imposed during 2009 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. 

Originating from  Type17 and level of measure 

Product 

Aluminium foil 

Biodiesel  

Biodiesel  

Armenia 
Brazil 
P.R. China 

USA 

USA 

Cargo scanning systems 

P.R. China 

Molybdenum wires 

Seamless pipes and tubes of 
iron or steel 

P.R. China 

P.R. China 

Wire rod 

P.R. China 

AD: 20% 

AD: 27.6% 

AD: 10.7% - 31.9%, Others 
42.9% 

AD: € per tonne Ranging from 
€23.6 – €208.2  

Others €182.4 

AS: € per tonne Ranging from 
€211.2– €237  

AD: 36.6% 

AD: 64.3% 

AD: 15.1% - 22.3% 

Others 24.2% 

AD: 8.6% - 24.3% 

AD: 3.7%  

17 

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

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26 

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Moldova (Rep. of) 

9.1.3.  Definitive measures 

During 2009, definitive duties were imposed in 10 anti-dumping cases and one anti-
subsidy  case.  They  involved  imports  from  4  different  countries  and  covered  7 
products.  The  People’s  Republic  of  China  featured  with  6  measures,  followed  by 
USA  with  2  measures  (1  AS  and  1  AD)  with  Armenia  and  Brazil  each  with  1 
measure. 

The list of cases where definitive measures were imposed during 2009 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.  

Product 

Originating from 

Type18 and level of measure  

Fasteners, iron or steel 

P.R. China 

AD: 26.5 % – 79.5% 

PSC wires and strands 

P.R. China 

Candles, tapers and the like 

P.R. China 

Others 85% 

AD: 0% - 31.1% 

Others: 85% 

AD: 0% - 48.4% 

Others: 62.9% 

Biodiesel 

USA 

AD: €68.7 - €198 per tonne 

Wire rod 

P.R. China 

Aluminium foil 

Seamless pipes and tubes of 
iron or steel 

Armenia 
Brazil 

P.R. China 

P.R. China 

Biodiesel (AS) 

USA 

Others €172.2 

AD 7.9% 

Others: 24% 

AD: 13.4% 
AD: 17.6% UT Minimum 
Import price 
AD: 3.4% - 24.2% Others 30% 

AD: 17.7% - 27.2% 
Others : 39.2% 

€211.2 - €237 per tonee  
Others €237 per tonne 

18 

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

EN 

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9.1.4  Details on individual cases (in alphabetical order) 

Certain iron or steel fasteners originating in P.R. China 

The proceeding was initiated on 9 November 2007, following a complaint lodged by 
The European Industrial Fasteners Institute (EIFI) on behalf of EU producers.  The 
investigation period ran from 1 October 2006 to 30 September 2007 and injury was 
considered  over  the  period  1  January  2003  to  30  September  2007.    There  were  no 
provisional  measures  imposed.  The  product  concerned  are  certain  iron  or  steel 
fasteners which are used to mechanically join two or more elements in construction, 
engineering, etc., and are used in a wide variety  of industrial sectors, as well as by 
consumers.  

Dumping 

Owing  to  the  large  number  of  exporters  who  came  forward  (120)  sampling  was 
applied.  9  companies  or  groups  were  selected  representing  61%  of  exports  from 
cooperating  exporters.  All  of  the  companies  in  the  sample  requested  both  market 
economy treatment (MET) or individual treatment (IT).  None of the companies were 
granted MET. While some had provided misleading information it was nevertheless 
found  that  the  costs  of  the  major  input,  steel  wire  rod,  did  not  substantially  reflect 
market values pointing to significant State interference in the sector.  IT was granted 
to  5  of  the  companies  in  the  sample  and  to  3  companies  which  had  requested 
individual treatment.  

Given  that  no  company  had  been  granted  MET,  normal  value  for  the  case  was 
established  on  the  basis  of  data  from  an  analogue  country,  India.    For  those 
companies granted IT this normal value was compared to their own export prices and 
individual  dumping  margins  were  calculated  accordingly.  For  remaining  exporters, 
given  that  the  level  of  cooperation  was  low  (53%  of  total  exports  from  PRC),  the 
dumping margin was calculated on the basis of an average of Eurostat data and the 
highest  dumping  margins  found  for  co-operating  exporters.  The  normal  value  and 
export prices were compared on an ex-works basis.  Adjustments had been made to 
take account of such costs as the cost of quality control in India as well as transport, 
insurance,  handling,  packing  credit  etc.    This  resulted  in  margins  ranging  between 
0% and 105.3% for individual companies and 115.4% for all others.     

Injury 

The injury in this case was reflected in the form of loss of potential sales volume in a 
growing market.  Between 2003 and the IP, the volume of the dumped imports of the 
product concerned originating in the PRC increased massively, by 180% while their 
share of the EU market grew to 26% in the IP.  The average prices of the dumped 
imports  undercut  those  of  the  EU  industry  during  the  IP  by  an  average  of  40%.  
Between  2004  and  the  IP  even  though  EU  consumption  increased  by  29%,  the 
market  share  of  the  EU  industry  fell  by  6,8  percentage  points  in  the  same  period. 
Production  did  not  increase  at  the  same  pace  as  EU  consumption  and  capacity 
utilisation remained very low at 50% having a negative impact on profitability. Cash 
flow and return on investment did not reflect the growing consumption levels.  Injury 
margins ranged between 64.4% and 99%.   

Causation 

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28 

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The investigation found that the lack of improvement in the injury indicators of the 
EU  industry  coincided  with  a  sharp  increase  in  dumped  imports  and  an  increase  in 
the market share from the PRC at prices which undercut the EU. Imports from other 
countries  were  found  not  to  have  contributed  to  the  injury  suffered  by  the  EU 
industry as these imports were made at prices higher than those emanating from the 
and in any event the market share of these imports had decreased.  

The investigation showed that the export performance of the EU industry could not 
have contributed to the injury suffered as there was positive evolution in this regard 
and  therefore  did  not  break  the  causal  link.  Other  known  factors  such  as  an 
unprecedented  increase  in  raw  material  prices  were  also  analysed  but  it  was 
considered that this would have affected all operators in the market and in addition 
the time pattern of the injury indiactors did not suggest this was a factor in causing 
injury.   

EU Interest 

The  effects  f  imposing  measures  or  not  on  all  parties  concerned  was  taken  into 
account.  While  it  was  not  excluded  that  the  imposition  of  measures  would  have  a 
negative effect of some importers and traders in the EU, it was concluded that there 
would  be  benefits  for  both  the  EU  industry  as  well  as  their  suppliers  such  as 
increased production  and employment. It was  further concluded  that in view of the 
high dumping and injury margins found that no sufficient evidence existed to show 
that the imposition of measures would be against the EU interest.  

Measures 

Definitive anti-dumping measures ranging between 26.5% and 85% were imposed in 
January  2009,  some  based  on  the  dumping  margin  and  some  on  injury  margins 
whichever was the lower.  A special monitoring mechanism was also introduced in 
order  to  minimise  the  risk  of  circumvention  given  the  high  variation  in  duty  rates 
among the exporting producers. 

Candles, tapers and the like originating in the People's Republic of China.  

The proceeding was initiated in February 2008, following a complaint lodged by the 
certain EU producers of candles, tapers and the like representing around 60% of the 
total  EU  production  of  the  product  concerned.    The  product  concerned  is  certain 
candles  and  tapers  but  excluding  memory  lights  and  other  outdoor  burners.    The 
product is manufactured from mainly paraffin wax and stearin.  Provisional measures 
were imposed in November 2008.      

Dumping 

Owing  to  the  large  number  of  exporters  who  came  forward  (40)  sampling  was 
applied. 8 companies were selected representing 73% of exports of the product from 
Chinese  cooperating  exporters.  All  of  the  companies  in  the  sample  requested  both 
market  economy  treatment  (MET)  or  individual  treatment  (IT).    Two  companies 
were granted MET and five were granted IT.  

For  those  companies  not  granted  MET  the  Commission  had  proposed  a  number  of 
countries as the analogue country on which to base normal value, including Brazil. 

EN 

29 

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However no co-operation from the exporters contacted was forthcoming. As a result 
normal value for non-MET companies was established on the basis of prices paid in 
the  EU  for  the  like  product,  duly  adjusted  to  include  a  reasonable  profit  margin 
(6.5%). For the companies granted MET, normal value was based on prices actually 
paid  in  China  while  for  the  other  it  was  constructed  as  their  domestic  sales  proved 
not representative. The comparison between normal value and export price was made 
on an ex-works level with adjustments made transport, ocean freight, packing costs, 
credit  costs  and  commissions  etc.  For  those  companies  granted  MET  and  IT 
individual  dumping  margins  were  calculated  ranging  between 0%  and  48.4%.  The 
dumping margin applicable to the cooperating exporters not included in the sample 
was the weighted average of those in the sample – 31.8%. For all others, given that 
the level of co-operation was considered low it was decided to set the 'all others' rate 
at a higher level of 62.9%. 

Injury  

Imports  of  candles  form  the  PRC  increased  by  35%  between  2004  and  the  IP 
resulting in an increase in market share from 28.9% to 34.5% in the same period. The 
prices  of  the  Chinese  exports  to  the  EU  were  found  to  undercut  the  European 
producers by 9% on average.  

During the period used to assess injury, certain indicators on the situation of the EU 
industry improved including production, production capacity, productivity and sales 
volume.    However  indicators  regarding  the  financial  situation  declined  with  a 
negative  return  on  investments  in  the  IP  and  profitability  decreasing  from  6.9%  in 
2004  to  a  loss  of  0.6%  in  the  IP.  Other  injury  indicators  also  showed  a  negative 
development such as drop in capacity utilisation (4%), employment (13%), and drop 
in market share from 39.8% in 2004 to 36.1% in the IP despite an increase in demand 
of  13%.  It  was  therefore  concluded  that  there  was  evidence  of  injury  to  the  EU 
industry.  

Causation 

The  coincidence  in  time  between  the  increase  in  dumped  imports  and  the 
deterioration  in  the  situation  of  the  EU  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  effect  of  imports  from  other  third  countries,  the  export 
performance  of  the  EU  producers,  imports  of  candles  by  the  EU  industry  (self-
injury),  the  relocation  of  production  by  the  EU  industry  and  the  effects  of  the 
existence of a cartel among European paraffin wax(main raw material).  The effect of 
other factors was not found to be a cause of the injury suffered by the EU industry. 

EU Interest 

The  Commission  carefully  examined  the  interests  of  EU  producers,  importers,  raw 
material suppliers and consumers in order to determine if it was in the interest of the 
EU  to  impose  measures.    For  producers  it  was  considered  that  there  were  a  large 
number of companies in the EU which depend of the candle industry supplying raw 
materials.  The  industry  itself  employs  around  5000;  No  consumer  groups 
participated. Regarding retailers it was found that the profit margins enjoyed on these 
products  were  every  high  and  would  therefore  allow  the  retailer  to  absorb  and 

EN 

30 

   EN 

dumping margins imposed and not pass the increased price on to the consumers.  It 
was  therefore  concluded  that  there  were  no  compelling  reasons  against  the 
imposition of measures.  

Definitive Measures  

Definitive measures were imposed on 11 May 2009, based on the injury elimination 
levels as these were lower than the dumping margins found.  The duty was applied in 
the form of a fixed amount of euro per tonne of fuel content and ranged between € 
and €367.09 for individual companies with n  all other rate of €549.33.  Undertakings 
had been requested by a number of exporters. However owing to the difficulties to 
monitor such undertakings they were refused.  

Biodiesel originating in the USA – Anti-dumping measures  

An investigation was initiated on imports of Biodiesel originating in the USA in June 
2008 on the basis of a complaint lodged by the European Biodiesel Board on behalf 
of European Biodiesel producers representing over 25% of the total EU production 
of  the  product.    The  product  concerned  was  defined  as  fatty-acid  monoalkyl  esters 
and/or  paraffinic  gasoils  from  synthesis  and/or  hydrotreatment,  of  non-fossil  origin 
(commonly known as ‘biodiesel’), whether in pure form or in a blend, mainly but not 
exclusively  used  as  renewable  fuel.    An  anti-subsidy  proceeding  on  the  product 
originating in the USA was also opened on the same day. Provisional anti-dumping 
measures were imposed in March 2009.   

The  investigation  period  was  from  1  April  2007  to  31  March  2008  with  injury 
analysis covering the period from 1 January 2004 to the end of the I.P.    

Dumping 

Due  to  the  large  number  of  US  exporters  who  co-operated  in  the  proceeding 
sampling was used.  Six exporting producers were selected which accounted for 73% 
of  the  total  exports  of  the  co-operating  exporters.    Normal  value  was  based  on 
domestic sales of the product concerned except for one exporter where normal value 
had to be constructed. Export prices were based on prices actually paid or payable for 
the product concerned.  The comparison between normal value and export prices was 
made  on an ex-works level  with  allowances  being made for  certain costs including 
transport,  ocean  freight  and  insurance  costs,  handling  loading  and  ancillary  costs, 
credit costs and commissions where appropriate.  This resulted in dumping margins 
for the companies included in the sample, ranging between 10.4% and 73.4%.  The 
weighted  average  dumping  margin  of  the  sample  (33.7%)  was  applicable  to  other 
cooperating producers while for all others a dumping margin of 57.3% was applied.  

Injury 

Sampling was also applied to the EU producers with 11 companies being selected for 
the sample.  While the period of assessment for injury covered Jan 2004 to the end of 
the I.P. the investigation showed that the EU industry was in a start-up phase in 2004 
and therefore the analysis for injury was based on information from 2005 to the end 
of the I.P.  

EN 

31 

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The volume of imports of biodiesel from the USA increased from 11,500 tonnes in 
2005 to over 1.1 m tonnes in the IP thereby increasing their market share from 0.4% 
to 17.2%.  Consumption in the EU of the  product  concerned  more  than  doubled  in 
the same period.  While the price of the imports from the US increased between 2005 
and the IP by 7% nevertheless they undercut the EU prices by amounts ranging from 
18.9% to 33%.  

Certain  injury  indicators  for  the  EU  industry  between  2004  and  the  IP  showed 
positive development such as production, production capacity, sales volume, modest 
market share increase, employment and investment. However the production volume 
did  not  follow  the  market  growth  hence  production  capacity  fell  by  9%  and 
productivity also.  In addition profitability fell from around 18% in 2005 to 8% in the 
IP  and  return  on  investments  dropped  dramatically.  The  EU  producers  also 
experienced a sharp increase in the cost of raw materials which they were unable to 
pass to their customers due to competition from dumped imports.     

Causation 

The coincidence in time between, on the one hand, the increase of dumped biodiesel 
from the USA, their increase in market share, the undercutting and on the other hand, 
the deterioration of the economic situation of the EU industry led to the conclusion 
that the dumped imports caused the material injury suffered by the EU industry. 

Other  factors  were  examined  in  the  context  of  the  causation  analysis  including, 
imports from other third countries, development of demand, reintroduction of energy 
taxes  in  Germany  for  biodiesel,  idle  production  capacity,  increasing  prices  of  raw 
material for EU producers and the location of the biodiesel plants in the EU.  It was 
concluded  that  these  factors  did  not  break  the  causal  link  between  the  dumped 
imports and the injury suffered 

EU interest 

It  was  considered  that  the  imposition  of  anti-dumping  measures  on  imports  of 
biodiesel  from  the  USA  would  allow  the  EU  industry  to  grow  and  recover.  It  was 
also  considered  that  the  imposition  of  measures  would  impact  favourably  on  the 
suppliers of raw material in the EU. No conclusions could be reached on the impact 
of measures on importers and users owing to poor cooperation from them.   

Anti-dumping measures 

The  fact  that  there  was  also  an  anti-subsidy  proceeding  ongoing  was  taken  into 
account in establishing the levels of the duties to be applied. Given that none of the 
subsidies  found  in  the  parallel  investigation  were  export  subsidies  and  hence  not 
affecting  the  export  price,  it  was  considered  that  the  anti-dumping  duties  could  be 
imposed  along  with  the  countervailing  duties  as  long  as  they  did  not  exceed  the 
injury elimination level established. On this basis anti-dumping duties in the form of 
a  fixed  duty  per  tonne  were  imposed  on  July  2009  ranging  from  €0  to  €198  and 
€172.2 for all others. 

EN 

32 

   EN 

Biodiesel originating in the USA – Anti-subsidy measures 

An anti-subsidy investigation was initiated on imports of Biodiesel originating in the 
USA  in  June  2008  on  the  basis  of  a  complaint  lodged  by  the  European  Biodiesel 
Board on behalf of European Biodiesel producers representing over 25% of the total 
EU  production  of  the  product.    The  product  concerned  was  defined  as  fatty-acid 
monoalkyl esters and/or paraffinic gasoils from synthesis and/or hydrotreatment, of 
non-fossil  origin  (commonly  known  as  ‘biodiesel’),  whether  in  pure  form  or  in  a 
blend,  mainly  but  not  exclusively  used  as  renewable  fuel.    An  anti-dumping 
proceeding on the product originating in the USA was also opened on the same day. 

Prior  to  the  initiation  of  the  case  consultations  were  held  between  the  Commission 
Services and the US authorities in accordance with the basic Regulation.  While no 
mutually  agreed  solution  was  found  information  was  provided  which  resulted  in 
certain state schemes being excluded from the scope of the investigation. Provisional 
anti-subsidy measures were imposed in March 2009.   

The  investigation  period  was  from  1  April  2007  to  31  March  2008  with  injury 
analysis covering the period from 1 January 2004 to the end of the I.P.  

Subsidisation 

Due to the large number of cooperating companies in the USA sampling was used in 
the  case.    Six  companies  were  selected  accounting  for  50%  of  total  imports  of 
Biodiesel  from  the  US.        Three  federal  and  twelve  state  subsidy  schemes  were 
investigated. 

Two  of  the  Federal  schemes  were  found  to  be  countervailable:  the  Excise  Tax/ 
income tax credit scheme and the Small Agri-biodiesel Producer Income tax credit.  
Under  the  U.S.  Department  of  Agriculture  Bioenergy  Program  it  was  found  that 
incentives were provided to certain biodiesel producers but that no benefit had been 
received during the IP. 

Of the state schemes investigated, four were not used by any of the companies and 
were therefore not analysed.  These were the North Dakota biodiesel equipment tax 
exemption,  Washington  State  energy  freedom  program,  Washington  state  biofuels 
retail  tax  exemption  and  the  Washington  State  biofuels  tax  deduction.    No 
conclusions were drawn in relation to the Washington State biofuels production tax 
exemption as none of the sampled companies had benefitted from it.  Two schemes 
were  found  to  be  not  countervailable  –  these  were  the  Illinois  biodiesel  tax 
exemption  and  the  Texas  ethanol  and  biodiesel  blend  tax  exemption.  Five  schemes 
were found to be countervailable.  However, in three of these schemes the benefit to 
the  companies  was  found  to  be  negligible.    Only  two  schemes  were  countervailed: 
the Missouri qualified biodiesel producer incentive fund and the Texas fuel ethanol 
and biodiesel production incentive program.  

The  amount  of  the  countervailable  subsidies  expressed  ad  valorem  for  the 
investigated  companies  ranges  between  29.1%  and  41.1%.  For  those  cooperating 
companies not included in the sample the weighted average of these rates was used 
resulting in 36%.  For all others the rate was 81%. 

Injury 

EN 

33 

   EN 

 
Imports of biodiesel from the US increased their share of the EU market from 0.4% 
in 2005 to 17.2% dusing the IP. These price of these imports were found to undercut 
the EU prices by amounts ranging from 18.9% to 33%.   

Sampling  was  used  for  the  EU  industry  with  ten  companies  selected.    Some  of  the 
injury  indicators  examined  showed  positive  developments  in  the  IP  including 
production,  production  capacity,  sales  volume,  market  share,  employment  and 
investments. However there was  an increase in demand which was not matched by 
production  volume,  hence  capacity  utilisation  and  productivity  decreased.  
Profitability also decreased from around 18% in 2005 and 2006 to below 6% during 
the IP. In addition, owing to competition from low priced imports,  the EU industry 
was  unable  to  pass  on  increased  costs  in  production  to  their  customers  in  the  EU 
market.  It was therefore concluded that the EU industry had suffered material injury.  

Causality 

The imports from the US of biodiesel increased 100 times during the period analysed 
and had an increase in market shre of 16,8 percentage points in just 15 months. Other 
factors  were  examined  in  the  context  of  the  causation  analysis  including  imports 
from  other  third  countries,  development  of  demand,  public  policy  decisions,  idle 
production  capacity,  price  development  of  mineral  diesel  and  the  location  of  the 
biodiesel  plants  in  the  EU.    It  was  concluded  that  these  factors  did  not  break  the 
causal link between the subsidised imports and the injury suffered.  

EU interest 

It  was  considered  that  the  imposition  of  anti-subsidy  measures  on  imports  of 
biodiesel  from  the  USA  would  allow  the  EU  industry  to  grow  and  recover.  It  was 
also  considered  that  the  imposition  of  measures  would  impact  favourably  on  the 
suppliers of raw material in the EU. No conclusions could be reached on the impact 
of measures on importers/traders owing to poor cooperation from them.  

Anti-subsidy measures 

A  number  of  US  companies  offered  undertaking  in  the  case.  However  it  was 
considered that these should be rejected as the method to determine minimum import 
prices  was  inappropriate  and  the  undertakings  were  not  at  a  level  which  would 
eliminate  the  injurious  effecs  of  the  subsidised  imports.  Definitive  anti-subsidy 
measures were imposed on imports of biodiesel from the USA in July 2009 ranging 
from €211.2 per tonne to a resi dual duty of €237 per tonne.  

Seamless pipes or tubes of iron or steel originating in the People's Republic of China  

An anti-dumping investigation on imports of seamless pipes and tubes originating in 
the PRC was initiated in July 2008 on the basis of a complaint lodged by the Defence 
Committee  of  the  Seamless  Steel  Tube  Industry  of  the  EU  representing  more  than 
50% of the EU production of the product. Provisional anti-dumping measures were 
imposed in April 2009.  The investigation period (IP) covered 1 July 2007 to 30 June 
2009 and injury was assessed over the period 1 January 2005 to the end of the IP.  

Dumping 

EN 

34 

   EN 

Due  to  the  large  number  of  exporters  that  co-operated  with  the  investigation 
sampling  was  applied.  Four  groups  of  exporting  companies  were  selected  for  the 
sample  representing  70%  of  the  exports  of  cooperating  exporters  from  the  PRC.  
Three  of  these  companies  requested  market  economy  treatment  (MET).    However 
none were granted MET as they did not successfully meet all the criteria.  However 
one of the companies was granted individual treatment (IT).   Normal value for all 
Chinese  companies  was  based  on  data  from  an  analogue  country,  in  this  case  the 
USA.   This normal value was compared to the export prices of the Chinese products 
to the EU duly adjusted to allow comparison at an ex-works level. This resulted in a 
dumping margin of 64.8% for the one company who received IT and 48.6% for the 
cooperating  companies  (being  a  weighted  average  of  the  results  of  the  four 
companies  in  the  sample).  Given  that  the  cooperation  level  overall  was  low  the 
residual duty was set at 73.1% being the highest margin found for one co-operating 
exporter.  

Injury/Threat of injury 

Given the large number of EU producers who expressed interest in co-operating with 
the  case,  sampling  was  also  applied  with  5  producers  selected  representing  62%  of 
total  EU  production.    The  investigation  showed  some  signs  of  injury  with  the  EU 
only increasing its sales by 14% while consumption grew by 24% resulting in loss of 
market  share.    The  EU  industry  did  however  manage  to  maintain  high  capacity 
utilisation and prices ensuring good levels of profitability of 15% on the IP.  It was 
therefore  concluded  that  there  was  no  material  injury  suffered  by  the  EU  industry.  
However it was also noted that the EU industry was emerging from a period where it 
had  been  subject  to  injurious  dumping  with  anti-dumping  measures  having  been 
imposed in 2006.  While the industry had partially recovered largely due to the maret 
expansion between 2005 and the IP there were also Chinese dumped products on the 
market place.  It was considered that if the expansion of the market was to stop then 
the EU industry would be in a vulnerable state.  As a result the threat of injury was 
examined. 

An assessment of information including the likely development of EU consumption, 
imports from the PRC, the situation of the EU industry after the IP, the development 
of imports, free capacity of exporters, level of prices of PRC imports and the level of 
inventories  was  made  to  examine  threat  of  injury.    It  was  concluded  that  the 
historical  volume  increase  of  Chinese  imports  indicated  a  policy  of  market 
penetration  while  their  unused  capacity  would  allow  for  further  volumes  to  be 
directed  to  the  EU.    This  added  to  the  significant  price  differences  from  other 
suppliers lead to the conclusion that the absence of measures against Chinese imports 
would cause material injury to the vulnerable EU industry.  

Causation 

The  coincidence  in  time  of  the  increase  in  dumped  imports  from  China  (26,273 
tonnes in 2005 to 542,840 in the IP) which undercut EU prices to the order of 24% 
on average and the imminent threat of injury to the EU industry led to the conclusion 
that  the  dumped  imports  would  be  the  cause  of  material  injury  to  the  EU  industry.  
Other factors were examined including the import/export activity of the EU industry, 
imports  from  other  third  countries,  increases  in  costs  of  raw  materials  and  the 

EN 

35 

   EN 

economic  downturn.    None  were  found  to  be  a  determining  reason  for  the  injury 
likely to be suffered.  

Anti-dumping measures 

It was concluded that it was in the EU interest to impose measures and therefore in 
October  2009,  anti-dumping  duties  on  imports  of  seamless  pipes  and  tubes  from 
China were imposed ranging form 15.1% to 24.2%. 

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 there 
from, measures not in the interest of the EU). 

In 2009, 11 new proceedings (10 anti-dumping and 1 anti-subsidy) were terminated 
without measures, compared to 3 in 2008 and 10 in 2007.  

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 
investigation19) 

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

Stainless steel cold rolled 
flat products (AD) 

Sodium metal (AD) 
Wire rod (AD) 

Hollow sections (AD) 

Sodium metal (AS) 

Originating from  Main reason for termination 

P.R. China 

No material injury - Complaint 
withdrawn 

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

USA 

Turkey 
Moldova (Rep. of) 

Belarus 
Turkey 
Ukraine 

USA 

link 

causal 

No 
dumping 
Complaint withdrawn 

and 

between 
- 

injury 

Complaint withdrawn 

De minimis dumping margins 

Complaint withdrawn 

Complaint withdrawn 

19 

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

EN 

36 

   EN 

 
 
 
                                                 
9.1.6.  Details on some individual cases 

Anti-dumping and Anti-subsidy proceedings concerning Sodium Metal originating in 
the USA  

In July 2008, simultaneous anti-dumping and anti-subsidy proceedings were initiated 
concerning imports of sodium metal originating in the USA.  Both proceedings were 
opened on the basis of complaints lodged by Métaux Speciaux, the only producer of 
Sodium Metal in the EU.   In both proceedings the investigation period was from 1 
July 1005 to 30 June 2008 with injury trends being examined over a period starting 
from January 2005 to the end of the IP.    

In  the  anti-subsidy  case  consultations  were  held  with  the  USA  in  order  to  find  a 
mutually agreeable in July 2008. However no solution was found.  

Information regarding dumping, subsidies and injury was collected and verified with 
verification  visits  taking  place  at  the  premises  of  exporters  in  the  US,  the  EU 
producer as well as at EU users. 

On 1 April 2009, the complainant formally withdrew both complaints. According to 
the  complainant  this  was  prompted  by  changed  circumstances.      The  Commission 
considered  that  the  investigation  had  not  brought  to  light  any  reasons  why 
terminating  the  proceedings  would  not  be  in  the  EU  interest.  As  a  result  both 
proceedings were terminated in June 2009.    

Stainless steel cold-rolled flat products originating in the People's Republic of China 
(PRC), The Republic of Korea and Taiwan.  

the  Commission 

In  February  2008, 
investigation 
concerning imports of stainless steel cold-rolled flat products originating in the PRC, 
Korea  and  Taiwan.    This  was  based  on  a  complaint  lodged  by  EUROFER 
representing a major proportion of the EU production of the product concerned.  

initiated  an  anti-dumping 

In order to establish dumping it was necessary to use sampling as regards Taiwanese 
exporters owing to the large number of companies which came forward. Regarding 
exporters  in  the  PRC  and  Taiwan  sampling,  though  originally  foreseen,  was  not 
necessary.      In  November  2008  the  Commission  disclosed  its  interim  report  on  the 
case where it set out that dumping was provisionally established from the countries 
concerned.  However the report did not conclude on the existence of a material link 
between  the  dumped  imports  and  any  injury  suffered  by  the  EU  industry  and 
proposed to continue with the investigation without imposing provisional measures. 

In March 2009, EUROFER formally withdrew its complaint stating that the market 
situation  differed  significantly  from  the  situation  which  existed  at  the  time  the 
complaint  had  been  lodged.    Demand  had  collapsed  which  had  in  turn  led  to  a 
decline  in  imports.  EUROFER  considered  that  it  was  preferable  to  respond  to  any 
unfair  injurious  practices  by  way  of  a  new  case  if  warranted.    The  Commission 
considered  that  the  economic  situation  was  volatile  and  that  the  appearance  of 
injurious  dumping  could  not  be  excluded.    It  was  also  considered  appropriate  to 
monitor  imports  of  the  product  concerned  into  the  EU  in  order  to  enable  the 
Commission  to  react  quickly  to  developments  and  open  a  new  investigation  if 

EN 

37 

   EN 

 
justified.    The  monitoring  period  was  for  2  years  from  the  termination  of  the  case 
which took place in April 2009.  

9.2. 

Review investigations 

9.2.1.  Expiry reviews 

Article  11(2)  and  Article  18  of  the  basic  Regulations  provide  for  the  expiry  of 
measures after five years, unless an expiry review demonstrates that they should be 
maintained in their original form. 

In 2009, 3 anti-dumping measures and 1 anti-subsidy measure expired 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 438 measures have been allowed to expire automatically. 

9.2.1.1.  Initiations 

During  2008,  11expiry  review  investigations  were  initiated,  10  anti-dumping  and  1 
anti-subsidy. 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 
investigation20) 

Originating from  Complainant 

Silicon* 

P.R. China 

Sodium cyclamate 

Ammonium nitrate 

P.R. China 
Indonesia 

Ukraine 

Polyethylene terephthalate 
(PET) 

P.R. China 

Graphite electrode systems 

India 

(Liaison 
Euroalliages 
Committee of the Ferro-Alloy 
Industry 
Productos Aditivos SA 

European Fertilizer 
Manufacturers Association 
(EFMA) 

Polyethylene terephthalate 
(PET) Committee of 
PlasticsEurope 
SGL Carbon, Erftcarbon and 

20 

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

EN 

38 

   EN 

 
 
                                                 
Graphite electrode systems 
(AS) 

India 

Glyphosate 

P.R. China 

Synthetic fibre ropes 

P.R. China 

Okoumé plywood* 

Tungsten carbide and fused 
tungsten carbide 

P.R. China 

P.R. China 

9.2.1.2.  Reviews concluded with confirmation of duties 

GrafTech 
SGL Carbon, Erftcarbon and 
GrafTech 

European Glyphosate 
Association 
Liaison Committee of EU 
Twine, Cordage and Netting 
Industries of Eurocord 
European Federation of the 
Plywood Industry 
Eurometaux 

During  2009,  5  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 2009, 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 

Tube or pipe fittings 
of iron or steel 

P.R. China 
Thailand 

Result of the investigation/ Type21 and 
level of measure 

Confirmation of duty/ AD  

PRC: 58.6%; Thailand: Ranging 0% -

7.4%, All others 58.9% 

Furfuryl alcohol 

P.R. China 

Confirmation of duty/ AD 

Footwear with uppers 
of leather 

P.R. China 
Vietnam 

Fixed rate of duty  € per tonne ranging 
from  €84  –  €160.  and  all 
others rate €250 

Confirmation of duty/ AD 

PRC: 9.7% and All others : 16.5%  

Vietnam: 10% 

21 

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

EN 

39 

   EN 

 
 
 
                                                 
9.2.1.3   Details on some individual cases  

Footwear with uppers of leather originating in Peoples Republic of China (PRC) and 
Vietnam 

Anti-dumping measures had been imposed on imports of footwear originating in the 
People's  Republic  of  China  and  Vietnam  in  October  2006  for  a  period  of  2  years.  
These measures were later extended to imports of footwear from the Macau Special 
Administrative  Region  (SAR)  following  an  anti-circumvention  investigation.  In 
October  2008,  following  a  request  by  the  European  Confederation  of  the  Footwear 
industry (CEC), the Commission initiated an expiry review.  In this case the identity 
of  the  complainants  was  kept  confidential  owing  to  fears  of  significant  adverse 
effects if their identity was known. 

The  review  investigation  period  (RIP)  covered  1  July  2007  to  30  June  2008,  while 
for the purpose of assessing the likelihood of recurrence of injury the period covered 
was 1 January 2006 to the 30 June 2008.  

Likelihood of continuation of dumping 

Owing  to  the  large  number  of  both  Chinese  and  Vietnamese  exporters  who 
cooperated  in  the  investigation,  sampling  had  to  be  applied.  7  Chinese  companies 
were  selected  representing  13%  of  total  exports  to  the  EU  from  PRC  and  3 
Vietnamese companies were selected representing 22% of exports to the EU.    In the 
case  of  one  Chinese  exporter,  Golden  Step,  normal  value  was  based  on  the 
companies'  own  data  as  they  had  been  granted  market  economy  treatment  in  the 
original  investigation.    Given  that  Golden  Step  had  had  no  domestic  sales  of  the 
product concerned, normal value was constructed.  For all remaining companies, in 
accordance with the rules on non-market economies, normal value was based on data 
from  an  analogue  country,  in  this  case  Brazil.    Indonesian  exporters  had  also 
cooperated  as  analogue  country  producers.  However  Brazil  was  found  to  have  the 
most representative volume of domestic sales in the RIP.  

Normal  values  were  compared  to  the  export  prices  of  the  Vietnamese  and  Chinese 
exporters on a ex-works level with certain adjustments made to ensure comparability.  
These  included  adjustments  for  R&D  and  design  to  reflect  costs  incurred  by  the 
Brazilian  exporters.      This  resulted  in  dumping  margins  ranging  between:  5%  and 
16% for Golden Step; 35% and 38% for PRC and 43.8% for Vietnam.  The volumes 
and prices of imports from PRC and Vietnam were also examined.  It was found that 
imports  from  PRC  had  increased  significantly  since  the  original  IP  from  63,403 
(1000 pairs) to 125,052 (1000 pairs) while imports from Vietnam had dropped after 
the original IP but rose again between 2007 and the RIP - from 52,503 (1000 pairs) 
to 68,852 (1000 pairs).  Their combined market share in the RIP was 28.7%, higher 
than that of the IP of 23.2%.  Eurostat figures showed that the average prices of these 
imports rose between the original IP and the 2006, but found after that prices from 
PRC  stabilised  and  those  of  Vietnam  fell.    It  was  found  that  prices  from  the 
companies included in the sample fell over the period from 2006 to the RIP.  It was 
therefore  concluded  that  a  continuation  of  dumping  had  taken  place  regarding  the 
product from PRC and Vietnam.  

EN 

40 

   EN 

The  investigation  also  concluded  that  if  measures  were  repealed  there  would  be  a 
likelihood of a continuation of dumping both from the PRC and Vietnam. This was 
based on the attractiveness of the EU market in terms of size and price levels as well 
as other factors including spare capacities of the exporting countries.  

Injury 

Sampling was used for EU producers with 8 companies selected representing 3.1% 
of the total EU production.  Given the highly fragmented nature of the EU industry, it 
was unavoidable that the companies in the sample covered a small proportion of the 
EU  industry.    The  sample  was  selected  taking  into  account  geographical  spread, 
production types and distribution as well as representing all major business models. 
The analysis of injury was based on both macro and micro economic factors.  It was 
found  that  the  measures  had  allowed  the  EU  industry  to  redefine  their  business 
models concentrating on higher added value, mid to high end product segment with 
better  distribution  channels.    It  was  considered  that  a  period  of  further  adjustment 
was needed for the industry to complete this process. 

Analysis of the injury indicators showed that EU production as well as sales volume 
decreased in line with EU consumption in the same period.  As a result sales, market 
share  and  employment  have  remained  stable.    There  was  a  slight  decrease  in 
productivity.      The  investigation  also  showed,  at  micro  level,  an  increase  in  sales 
prices, cash-flow investment and profit.  However it was also found that the industry 
has not been able to recover to normal profit and investment levels and continue to 
have problems raising capital and in salary development. This indicated that the EU 
situation was still fragile and that injury had not been totally removed.  The volume 
and  prices  of  the  dumped  imports  were  found  to  adversely  affect  the  EU  industry 
with  undercutting  levels  found  of  31.9%  for  PRC  and  38.9%  for  Vietnam  which 
represent very large increases over the original IP.   It was also concluded that given 
that the dumped imports were likely to continue if the measures were repealed this 
would result in a continuation of the injury to the EU industry. 

Causal link 

The investigation examined if any other factors were the case of the injury suffered 
by the EU industry. It was found that none of these factors would break the causal 
link  in  this  case.  The  elements  examined  included  the  lack  of  competition  between 
the EU producers shoes and those imported, the lack of efficiency of EU producers, 
impact  of  globalisation,  imports  from  other  countries,  changes  in  consumption  and 
consumer preferences and the EU producers export performance.  

EU interest 

From the point of EU interest it was concluded that the investigation did not bring to 
light  any  compelling  reasons  why  the  measures  should  not  be  maintained.    It  was 
found  that  the  measures  had  helped  EU  producers  to  improve  their  situation 
including  adapting  their  business  models  to  face  the  challenges  of  the  globalised 
market.  The continuation of the measures would allow this process to go on.  It was 
also  found  that  the  impact  on  the  importers  (who  had  also  been  sampled), 
retailers/distributors and consumers was not disproportionate.  It was concluded that, 
assuming  consumer  demand  would  weaken  further  in  the  wake  of  the  economic 

EN 

41 

   EN 

crisis, the measures would have a greater impact on these economic operators than in 
the past. However it was assumed that given the healthy state and proven flexibility 
of  importers  and  the  general  strong  market  position  of  retailers/distributors  these 
operators  would  not  suffer  disproportionately  in  the  short  to  medium  term.  
Regarding  consumers,  given  that  there  had  been  no  noticeable  price-increase 
following  the  imposition  of  the  original  measures  there  were  no  indications  that 
prices would increase disproportionately in the future.   

Measures 

In  light  of  the  findings  it  was  concluded  that  measures  should  be  maintained  for  a 
further  period.    However  given  that  the  EU  industry  was  undergoing  significant 
changes  and  certain  parts  of  industry  were  adapting  their  business  model  and 
returning to near target profits it was considered that there was a likelihood of injury 
for  the  short  to  medium  term  until  the  process  of  adjustment  by  the  industry  was 
complete.  It was therefore considered to be inappropriate to propose measures for a 
full  period  of  5  years  and  therefore  the  definitive  measures  imposed  on  imports  of 
footwear  from  PRC,  Vietnam  and  extended  to  Macau  were  imposed  for  a  further 
period of 15 months from December 2009.     

9.2.1.3.  Reviews concluded by termination 

During 2009, 0 expiry reviews were concluded by termination.  

9.2.2. 

Interim reviews 

Article  11(3)  and  Article  19  of  the  basic  Regulations  provide  for  the  review  of 
measures  during their  period  of validity on the  initiative of the  Commission, at the 
request of a Member State or, provided that at  least one year has  elapsed since the 
imposition  of  the  definitive  measure,  following  a  request  containing  sufficient 
evidence  by  an  exporter,  an  importer  or  by  the  EU  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  2009,  a  total  of  14  interim  reviews  were  initiated.  13  interim  reviews  were 
concluded  with  confirmation  or  amendment  of  duty  and  1  interim  review  was 
concluded  by  terminating  the  measures.  The  alphabetical  list  of  cases  which  were 
concluded  during  2009  by  confirming  or  amending  the  duties,  together  with  the 
result of the investigation, can be found below. It should be noted that some interim 
reviews  may  be  carried  out  in  parallel  with  expiry  reviews,  which  allow  the 
amendment of the duty rates. In such case, these reviews are marked with an asterisk. 
More  information  can  be  obtained  from  the  Official  Journal  to  which  reference  is 
given in Annex G. 

EN 

42 

   EN 

 
Product 

Originating from 

Polyethylene terephtalate 
(PET) film (AS) 

India 

Steel ropes and cables 

India 

Polyester staple fibres 

P.R. China 

Stainless steel fasteners 

Vietnam 

Tube or pipe fittings of iron 
or steel* 

P.R. China 
Taiwan 

Sweet corn (prepared or 
preserved in kernels) 

Thailand 

Magnesia bricks 

P.R. China 

Magnesia bricks 

P.R. China 

Hand pallet trucks and their 
essential parts 

P.R. China 

Graphite electrode systems 

India 

Plastic sacks and bags 

P.R. China 

Polyester filament fabrics 
(finished) 

P.R. China 

Result of the investigation/ 
Type22  

Amendment of the AS duty to 
amounts ranging between 
5.4% to 19.1% (AS)  
Repeal of measures for 
company UML owing to 
negative margin found  (AD)  
Clarification of the product 
definition (AD)  
Repeal of measures for 
company HPC owing to no 
dumping found  (AD)  
Continuation of measures and 
repeal of exemption of 
measures for Chup Hsin and 
Niam Hong and residual PRC 
duty applied (AD)  
Interim review terminated 
without the rejection of all 
undertaking offers. (AD) 
No dumping found for BRC  
- dumping dusty applicable to 
the company changed to 
0%.(AD)  
MET granted to DSRM 
resulting in a drop in the 
dumping duty applicable to 
the company from 27.7% to 
14.4%(AD) 
Review terminated without 
changing measures as Yale 
(applicant company) did not 
meet MET or IT criteria (AD) 

De minimis dumping found 
for HEG.  Review concluded 
without change to the 
measure owing to 0% 
applicable duty from original 
investigation.(AD)  
Investigation 
review 
(AD) 
terminated  without 
Review 
amending  the  product  scope 
of the measures.  (AD) 

terminated  as  
request  withdrawn 

22 

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

EN 

43 

   EN 

                                                 
Ferro-silicon 

F.Y.R.O.M. 

Measures  repealed  owing  to 
no  more  dumping  for  Silmak 
(sole FYROM exporter)(AD) 

9.2.2.4  Details on individual cases 

Sweet corn originating in Thailand 

Definitive  anti-dumping  measures  had  been  imposed  on  imports  of  sweet  corn 
originating in Thailand in June 2007.  The measures imposed were in the form of an 
ad valorem duty with undertakings accepted from two exporters. At the time of the 
imposition of the measures the Commission had allowed, as an exceptional measure, 
co-operating exporters in Thailand to submit undertaking offers after the date of the 
imposition of the definitive measures.  Ten undertaking offers were made within the 
relevant  deadline.    The  EU  industry  opposed  the  acceptance  of  undertakings  as  an 
appropriate  form  of  measure  because  of  the  increasing  price  of  the  product 
concerned.  The Commission initiated a partial interim in September 2008 limited in 
scope  to  the  form  of  the  measure  applied  to  the  two  exporters  from  whom 
undertaking had already been accepted as well as the 10 undertaking offers received.  
The review period of investigation (RIP) covered 1 July 2007 – 30 June 2008.     

Results of the investigation 

Price  developments  of  the  product  concerned  were  examined  covering  the  period 
from  the  original  investigation  up  to  the  RIP.    This  showed  a  clear  upward  trend 
since the original investigation despite a decrease during the RIP.  The investigation 
also  showed  that  there  were  significant  variations  in  price  since  the  original 
investigation.  As  a  result  fixed  minimum  import  prices  no  longer  seemed 
appropriate.    The  Commission  also  examined  the  possibility  of  indexation  of  the 
minimum import prices on the basis of a correlation between the cost of the two main 
components  (sweet  corn  and  tins)  and  sale  price  of  the  product  concerned.    It  was 
found however that this was not feasible owing to the absence of a correlation.  As a 
result the Commission decided that undertakings were not a suitable measure in this 
case and therefore all the offers of undertakings were rejected as well as the existing 
undertakings being withdrawn.  The ad valorem duties were applied to all exporters 
effective in September 2009.    

Magnesia Bricks originating in People's Republic of China 

Definitive  anti-dumping  measures  were  imposed  on  imports  of  magnesia  bricks 
originating in the PRC in October 2005.  An ad valorem dumping duty was imposed 
of 39.9% on all imports except for six companies who had individual dumping rates 
applied to them.  Following the imposition of definitive measures a Chinese exporter, 
Bayuquan Refactories Co. Ltd (BRC). Applied for an interim review on the basis that 
it  had  not  cooperated  in  the  original  investigation  and  that  it  met  the  criteria  for 
Market  economy  treatment  (MET)  or  individual  treatment  (IT).    The  company 
claimed that their level of dumping was substantially lower than the then level of the 
measure.    The  Commission  initiated  an  interim  review  in  June  2008.    The  review 
investigation period covered 1 April 2007 to 31 March 2008.   

Results of the investigation 

EN 

44 

   EN 

The investigation found that the company did not meet the criteria for MET.  It was 
found that BRC did not have accounts of the required standard for the investigation 
as they showed breaches of IAS and accounting principles.  In addition it was found 
that  the  company  had  obtained  land  use  rights  for  well  below  market  price  thus 
showing that they were not free from distortions carried over from the former non-
market economy.   The company did however meet all the criteria for IT.   

As  is the  norm for  imports  from non-market economy countries, normal value  was 
established  on  the  basis  of  data  from  an  analogue  country,  in  this  case  the  USA.  
Export prices of BRC to the EU were made via related importers and these were duly 
adjusted for all costs between importation and resale.  A comparison of the normal 
value  with  export  price  revealed  no  dumping.    It  was  considered  that    the  changes 
which led to the initiation of the review were of a lasting nature and it was therefore 
decided that the residual duty of 39.9% should no longer apply to BRC and this was 
amended by a Council Regulation to 0% in September 2009.  

Graphite electrode systems originating in India 

On  the  basis  of  a  request  from  Hindustan  Electro  Graphite  Ltd  (HEG),  an  Indian 
exporter,  in  July  2008  the  Commission  initiated  a  partial  interim  review  of  the 
measures in place on graphite electrode systems originating in India.   The company 
had alleged that they had increased their export prices and that as a result the level of 
anti-dumping duties was no longer warranted.  The investigation period was from 1 
April 2007 to 31 March 2008.   

Results of the investigation 

Normal value was based on both domestic selling prices where these were profitable 
and  sold  in  representative  quantities  as  well  as  constructed  for  certain  types  of  the 
product where domestic prices could not be used.  The export prices used were those 
of HEG which were all made to independent customers.   A comparison of normal 
value  and  export  prices  revealed  a  de  minimis  dumping  margin.    The  Commission 
also  examined  whether  the  changes  in  prices  were  of  a  lasting  nature  and  it  was 
concluded  that  this  was  indeed  the  case.    This  was  based  on  the  fact  that  import 
prices  from  HEG  were  found  to  have  been  high  and  stable  since  the  review 
investigation period as well as the fact that HEG's prices to other export market were 
also found to be higher than those prevailing on the domestic market.   

While the original investigation had found dumping margins for HEG of 22.4% the 
actual  duty  in  force  for  the  company  was  0%  owing  to  the  fact  that  parallel 
countervailing duties were also in force for the product. As a result the de minimus 
finding of the review had no impact on the actual measure in force for the company.  
Hence  in  July  2009  the  interim  review  was  concluded  without  any  change  to  the 
measures.   

Plastic sacks and bags originating in the Peoples Republic of China (PRC)  

Definitive  anti-dumping  measures  had  been  imposed  on  plastic  sacks  and  bags 
originating  in  the  PRC  in  September  2006.    Individual  dumping  duty  rates  ranging 
from 4.3% to 12.8% were imposed.  In July 2008, on the basis of a request from a 
Chinese  exporter,  CeDo  Shanghai  Ltd.,  the  Commission  opened  a  partial  interim 
review of the measures in place for that company. The company claimed that export 

EN 

45 

   EN 

prices had increased significantly since the original investigation thereby reducing or 
eliminating the dumping.  The review investigation period was from 1 July 2007 to 
30 June 2008. 

In  March  2009,  the  company  withdrew  its  request  for  the  interim  review.    The 
Commission  considered  whether  or  not  the  termination  of  the  review  would  affect 
the measures in force or go against the Union interest. This was considered not to be 
the case and in July 2009 the investigation was terminated without any change to the 
measure for the company concerned. 

Ferro-silicon originating in former Yugoslav Republic of Macedonia (F.Y.R.O.M.)  

Definitive  anti-dumping  measures  had  been  imposed  on  imports  of  ferro-silicon 
originating, inter alia, in FYROM in February 2008.  The only known exporter of the 
product concerned in FYROM, Silmak Dooel Export Import (Silmak), was subject to 
a  duty  of  5.4%.    The  company  requested  an  interim  review  claiming  that  a 
comparison of its constructed normal value and export price saw substantially lower 
than the measures it was subject to.   The Commission initiated an interim review in 
April  2009.  The  investigation  period  for  dumping  was  1  January  2008  to  31 
December 2008. 

The  Commission  constructed  normal  value  for  the  company  as  they  had  no 
representative  sales  of  the  product  concerned  in  FYROM.    In  constructing  normal 
value  the  Commission  followed  the  same  method  as  had  applied  in  the  original 
investigation  using  SG&A  incurred  by  the  Egyptian  producers  (also  subject  to  the 
measure) as well as an amount of 5% for profit.  The export prices of Silmak were 
used for the comparison.  The comparison between normal value and export prices, 
duly  adjusted  to  ensure  fair  comparison  revealed  no  dumping.      The  investigation 
showed  that  Silmak  had  changed  its  production  to  higher  grade  product  types 
resulting in higher export prices to the EU. It was considered that these changes were 
of  a  lasting  nature.    Given  that  Silmak  was  the  only  exporter  of  the  product 
concerned  to  the  EU  from  FYROM,  a  fact  verified  by  data  from  Eurostat,  it  was 
decided  to  terminate  the  measures  as  regards  that  country.  The  measures  were 
therefore repealed in December 2009. 

9.2.3.  “Other” interim reviews 

A number of other reviews, not falling under Article 11(3) or Article 19 of the basic 
Regulations were concluded during 2009.  

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

9.2.4.  New exporter reviews 

As far as anti-dumping measures are concerned, Article 11(4) of the basic Regulation 
allows  for  a  review  ("newcomer"  review)  to  be  carried  out  in  order  to  determine 
individual margins of dumping for new exporters located in the exporting country in 
question which did not export the product during the investigation period.  

EN 

46 

   EN 

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  EU  following  the  investigation  period,  or  that  they  have  entered  into  an 
irrevocable contractual obligation to export a significant quantity to the EU. 

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 2009, 6 new exporter review were initiated. Since the Commission carried out the 
first reviews of this type in 1990, a total of 60 such investigations have been initiated. 
There  were  4  new  exporter  reviews  concluded  during  2008,  3  of  which  were 
terminated  with  confirmation  of  the  duty  and  1  concluded  with  amendment  of  the 
duty.  

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

9.2.5.  Absorption investigations 

Where  there  is  sufficient  information  showing  that,  after  the  original  investigation 
period  and  prior  to  or  following  the  imposition  of  measures,  export  prices  have 
decreased or that there has been no or insufficient movement in the resale prices or 
subsequent selling prices of the imported product in the EU, 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  2009,  there  were  no  anti-absorption  investigations  initiated  or  concluded.    – 
Annex J. 

9.2.6  Circumvention investigations 

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

Circumvention is defined as a change in the pattern of trade between third countries 
and  the  EU  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. 

EN 

47 

   EN 

 
The duties may be extended to imports from third countries of like products, or parts 
thereof, if circumvention is taking place. 

In 2009, 1 anti-circumvention investigation was initiated. 1 such investigations was 
concluded with an extension of the duty. More information can be obtained from the 
Official Journal to which reference is given in Annex K. 

Hand pallet trucks originating in the People's Republic of China (PRC) 

In July 2005 the Council imposed definitive antidumping duties on hand pallet trucks 
and  their  essential  parts  (HPT)  originating  in  the  People’s  Republic  of  China.  
Following  the  imposition  of  measures,  evidence  at  the  disposal  of  the  Commission 
indicated  that  the  measures  were  being  circumvented  by  means  of  assembly 
operation  in  Thailand.    On  the  basis  of  prima  facie  evidence  available,  the 
Commission  initiated  an  anti-circumvention  investigation  on  an  ex-officio  basis  in 
September 2008. The investigation period (the ‘IP’) covered 1 September 2007 to 31 
August 2008.  Data was collected from 2005 up to the end of the IP to investigate the 
alleged change in the pattern of trade and other aspects. 

Circumvention  

Neither  exporters  nor  the  authorities  co-operated  from  Thailand  and  only  one 
Chinese  exporter  co-operated.    Nine  EU  importers  cooperated  and  the  information 
they  provided  indicated  that  there  was  indeed  an  increase  in  imports  of  HPT  from 
Thailand and a simultaneous decrease in imports form China in 2006, the year after 
the  imposition  of  measures.  It  also  showed  that  while  imports  from  the  PRC 
increased again in the following years the imports from Thailand decreased slightly 
yet  stayed  well  above  the  2005  levels.    Due  to  the  lack  of  co-operation  by  Thai 
exporters findings regarding exports from Thailand were based on best information 
available. 

 Statistics from Member States and compiled by the Commission showed an increase 
in imports of the product concerned from Thailand of 868% between  2005 to 2007 
stabilising in 2005 at 564% when compared to 2005.   While impots from the PRC 
also  showed  an  increase  this  was  mainly  attributed  to  the  sole  Chinese  exporter 
which had the lowest duty rate. Information available to the Commission indicated a 
significant  number  of  HPT  assembly  operations  in  Thailand  but  no  genuine 
production  of  HPPT  in  the  country.        It  was  concluded  that  in  the  absence  of  any 
information to the contrary that the change in the pattern in trade stemmed only from 
the imposition of the anti-dumping measures on imports from PRC;   

A dumping test was carried out regarding the exports from Thailand and it was found 
that  when  compared  to  the  normal  value  from  the  original  investigation  significant 
dumping  existed  22.5%.  It  was  also  found  that  the  imports  from  Thailand 
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  - 48.9%.  This was further compounded by 
the fact that had imports into the EU originated in China it would have been likely 
that the quantities would have been lower owing to the existence of the duty.    

Extension of the measures 

EN 

48 

   EN 

The  investigation  concluded  that  there  was  clear  circumvention  of  the  measures  on 
the product concerned from the PRC via assembly operations in Thailand. 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 Thailand, whether declared as originating in Thailand or not. 

9.3. 

Safeguard investigations 

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

The  Commission  expects  the  EU’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 EU 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 2009 there were no  safeguard measures was in place. During 2009 no 
safeguard investigations were initiated or ongoing.  

10. 

ENFORCEMENT OF ANTI-DUMPING/COUNTERVAILING MEASURES 

Globalisation  of  trade  led  to  greater  possibilities  for  circumventing  or  otherwise 
reducing the effectiveness of anti-dumping and countervailing measures. To address 
this problem, throughout 2009 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).  

10.1. 

Follow-up of measures 

The  follow-up  activities  concerning  measures  in  force  are  centred  on  four  main 
areas:  (1)  to  pre-empt  fraud,  by  defining  risk-related  areas,  alerting  customs 
authorities and assessing the feedback from customs and economic operators; (2) to 

EN 

49 

   EN 

monitor trade flows and market developments; (3) to improve the effectiveness with 
the  appropriate  instruments  (new  investigation,  interim  review,  newcomer  review, 
contact  with  national  administrations)  and  (4)  to  react  to  irregular  practices  by 
enhancing  the  co-operation  with  enforcement-related  services  (OLAF  and  national 
customs) and by initiating anti-absorption or anti-circumvention investigations. 

10.2.  Monitoring of undertakings 

Monitoring of undertakings is part of the enforcement activities, since undertakings 
are  a  form  of  anti-dumping  or  countervailing  measure.  They  are  accepted  by  the 
Commission if it is 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  2009,  there  were  undertakings  in  force  accepted  from  46 
companies, covering 11 products originating in 10 different countries. 

During 2009, the following changes to the portfolio of undertakings took place: 

Undertakings of 5 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  (sweet  corn  originating  in  Thailand  –  2 
companies); 

the  undertaking  of  three  companies  expired  since  the  measures  concerning 
those countries expired (Rainbow trout from the Faeroe Islands -2 companies,  
PET (Polyethylene terephthalate) from Australia  -1 company); 

In addition, one offer for an undertaking has been accepted: 

– 

in  one  new  proceeding,  an  undertaking  of  one  company  was  accepted 
(Aluminium foil originating in Brazil); 

This  brings  the  total  number  of  undertakings  in  force  at  the  end  of  2009  to  42, 
covering  10  products  originating  in  8  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 

EN 

50 

   EN 

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  Union),  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) or where the method offered to determine the 
minimum import prices was considered inappropriate. 

11. 

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  2009,  39  new  refund  requests  were  submitted.  At  the  end  of  2009,  7 
investigations  were  ongoing,  covering  25  requests.  5  Commission  Decisions  were 
adopted:  3  were  granting  partial  refund  and  2  were  rejecting  the  refund  request.  7 
requests were withdrawn. 

12. 

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

12.1.  Overview of the judicial reviews in 2008 

In  2009,  the  Court  of  Justice  (COJ)  and  the  General  Court  (GC)  rendered  13 
judgments in total relating to the areas of anti-dumping or anti-subsidy. Of these, one 
was a judgment interpreting another judgment. 

12.2.  Cases pending 

A list of the anti-dumping/anti-subsidy cases before the CFI and the Court of Justice 
still pending at the end of 2009 is given in Annex S (35 before the GC and 9 before 
the COJ). 

12.3.  New cases 

17 new cases were lodged in 2009 (compared to  16  in  2008,  10  in 2007  and 19 in 
2006). 10 of these were lodged before the GC and 7 before the COJ. 

12.4. 

Judgments rendered and orders issued by the General Court 

8 judgments relating to the anti-dumping or anti-subsidy areas were rendered by the 
GC. Details of some of the cases are set out below. 

EN 

51 

   EN 

12.4.1  Certain seamless pipes and tubes of iron or non-alloy steel originating in, inter alia, 
Ukraine  –  T-249/06  –  Interpipe  Nikopolsky  Seamless  Tubes  Plant  Niko  Tube  ZAT 
and Interpipe Nizhnedneprovsky Tube Rolling Plant VAT v. Council of the European 
Union – Judgment of 10 March 2009 (OJ C 90 of 18.04.2009, p.25)  

The applicants, two related Ukrainian producers of seamless tubes and pipes, sought 
the  annulment  of  Regulation  (EC)  No  954/2006,  which  imposed  an  anti-dumping 
duty on imports of seamless pipes and tubes of iron or non-alloy steel originating in, 
inter  alia,  Ukraine, applying to the applicants  a  duty  of    25,1%.  The  applicants  put 
forward six pleas in support of their action. The main findings are set out below. 

The applicants argued, among other, that the Union producers selected to be in the 
sample did not fully cooperate and the Council was thus wrong to use their data for 
the purposes of determining injury. Furthermore, on account of this lack of full and 
entire  cooperation,  there  was  insufficient  support  for  the  complaint  and  the  anti-
dumping proceeding should have been terminated. 

The  Court  found  that  although  the  parties  to  an  anti-dumping  proceeding  are  in 
principle  required  to  lodge  a  reply  to  the  Commission’s  questionnaire,  the  Basic 
Regulation  allows  for  information  presented  in  another  form  or  in  the  context  of 
another  document  to  be  used  as  long  as  certain  conditions  are  fulfilled.  The  Court 
examined  the  facts  in  detail  for  each  of  the  companies  -  including  looking  at  what 
data was available and what impact that data had on the analysis, and concluded that 
the non-submission of questionnaire replies by related Union industry companies did 
not distort the calculation of the injury margin, nor the determination of injury.  

In  relation  to  the  level  of  support  for  the  complaint,  the  Court  found  that  the 
Commission  has  an  option  but  not  an  obligation  to  terminate  an  anti-dumping 
proceeding  in  progress  where  the  level  of  support  for  the  complaint  falls  below  a 
minimal threshold. In any case, since the sampled Union producers were regarded as 
cooperating, there was no diminution in the degree of support for the complaint. 

In  another  plea,  the  applicants  argued  that  the  Council,  in  comparing  the  normal 
value and the export price, should not have made an adjustment by deducting from 
the  sale  price  of  Sepco  (a  sales  company  related  to  the  applicants)  an  amount 
corresponding  to  the  commission  which  an  agent,  working  on  a  commission  basis, 
would  have  charged.  The  Court  applied,  by  analogy,  the  case-law  concerning  the 
calculation of the normal value, to the calculation of the export price. According to 
this case-law, the fact that certain activities are shared by legally distinct companies 
within  a  group  does  not  alter  the  fact  that  one  is  dealing  with  a  single  economic 
entity. The Court went on to dismiss, in relation to one of the applicants, the factors 
relied  on  by  the  Commission  in  concluding  that  Sepco  carried  out  functions 
comparable to those of an agent working on a commission basis. The Court held that 
the fact that the relationship between Sepco and one of the applicants is one of buyer 
and  seller  is  of  no  relevance  in  this  regard.  The  Council  had  thus  committed  a 
manifest  error  of  assessment.  The  claim  was,  however,  rejected  in  relation  to  the 
other  applicant  since  only  an  indirect  connection  between  that  applicant  and  Sepco 
had been established. In addition, the Court found that there had been a breach of the 
applicants' rights of defence in the late notification to them of the justification for the 
above adjustment. 

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The Court thus annulled Article 1 of Regulation (EC) No 954/2006 in so far as the 
anti-dumping duty fixed for exports by the applicants exceeds that which would have 
been applicable had the export price not been adjusted for a commission when sales 
took place through Sepco. 

The  Council  and  the  Commission  appealed  the  judgement.  The  appeal  cases  are 
pending before the Court of Justice. 

12.4.2   Certain  electronic  weighing  scales  (REWS)  originating  in,  inter  alia,  China  –  T-
299/05  –  Shanghai  Excell  M&E  Enterprise  Co.  Ltd  and  Shanghai  Adaptech 
Precision Co. Ltd v. Council of the European Union – Judgment of 18 March 2009 
(OJ C 113 of 16.05.2009, p.30)  

The applicants, two related Chinese companies, sought the annulment of the relevant 
part of Regulation (EC) No 692/2005, which was adopted following a new exporter 
review and which amended the original  Regulation imposing an anti-dumping duty 
on  imports  of  certain  electronic  weighing  scales  (REWS),  originating  in,  inter  alia, 
China, applying to the applicants a duty of  52,6%. The applicants put forward eight 
pleas on a range of issues. 

The most important findings of the Court can be summarised as follows: 

- 
The  fact  that  Chinese  companies  are  not  subject  under  their  domestic  law  to 
certain  accounting  standards  (in  this  case  international  accounting  standards  (IAS) 
does not mean that the accounts of those companies cannot be assessed in line with 
those standards. In any event the applicants' accounts were in breach of fundamental 
accounting  concepts  and  the  Council  was  thus  correct  in  its  assessment  that  the 
applicants  do  not  fulfil  the  second  criterion  for  being  granted  market  economy 
treatment (MET). 

The  three-month  deadline  for  making  an  MET  determination  is  intended  to  ensure 
that the question of whether a producer meets the MET criteria is not decided on the 
basis of its effect on the calculation of the dumping margin. The practical effect of 
the time-limit is not called in question if, between the expiry of the three months and 
the actual MET decision, the companies claiming MET had made it impossible for 
the Commission to know what effect its MET decision would have on the dumping 
margin.  Furthermore,  the  Commission  needs  a  reasonable  time  period  from  the 
receipt of information to enable it to assess the information correctly and to consult 
the Advisory Committee and give the Union industry an opportunity to comment. 

- 
The failure to comply with the three-month MET time-limit can only lead to a 
(partial)  annulment  of  the  MET  determination  if  it  is  shown  that  the  determination 
might have been substantively different if the deadline was adhered to – which was 
not the case in this instance. 

- 
A change of methodology between original investigation and review does not 
breach  Article  11(9)  of  the  Basic  Regulation  if  the  method  used  in  the  original 
investigation  does  not  comply  with  the  provisions  of  Article  2  of  the  Basic 
Regulation. 

- 
The  adjustment  to  the  export  price  for  commissions  (under  Article  2(10)(i)) 
was  correctly  made.  Such  adjustments  can  be  made  not  only  for  differences  in 

EN 

53 

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commissions  paid  in  respect  of  the  sales  under  consideration,  but  also  for  mark-up 
received by traders if they carry out functions which are similar to those of an agent 
working on a commission basis. 

The  Court  rejected  all  eight  pleas  put  forward  by  the  applicants  and  dismissed  the 
action.  

12.4.3  Lever arch mechanisms originating in China – T-296/06 – Dongguan Nanzha Leco 
Stationery  Mfg.  Co.,  Ltd  v.  Council  of  the  European  Union  –  Judgment  of  23 
September 2009 (OJ C 267 of 07.11.2009, p.55) 

The applicant, a Chinese manufacturer of lever arch mechanisms (LAMs), sought the 
annulment of Regulation (EC) No 1136/2006, which imposed an anti-dumping duty 
on imports of that product originating in China. The applicant was subject to a duty 
27.1%. 

The applicant argued that in making an adjustment to the export price for direct sales, 
general  and  administrative  expenses  and  for  profit  of  the  applicant's  two  related 
companies, the institutions compared the normal value and export price at different 
levels  of  trade.  The  Court  found  that  the  comparison  of  normal  value  and  export 
price had been done at the same level of trade – at ex-factory stage. If no deduction 
from  the  export  price  of  sales  costs  had  been  made,  an  imbalance  would  have 
resulted since no sales expenses had been included in the constructed normal value. 

In  relation  to  the  applicant's  second  plea,  by  which  it  challenged  the  institutions' 
change  of  position  from  the  regulation  imposing  provisional  measures  to  the 
Regulation  imposing  definitive  measures,  the  Court  stated  that  an  anti-dumping 
investigation  is  an  ongoing  process  during  which  many  findings  are  constantly 
revised. Definitive findings may thus differ from previous findings. 

The  Court  thus  dismissed  the  action  for  partial  annulment.  The  applicant  appealed. 
The appeal case is pending before the Court of Justice. 

12.4.4  Certain footwear with uppers of leather originating in, inter alia, China – T-1/07 – 
Apache  Footwear  Ltd  and  Apache  II  Footwear  Ltd  (Qingxin)  v.  Council  of  the 
European Union – Judgment of 9 December 2009 (OJ C 24 of 30.01.2010, p.46) 

The applicants, two related footwear producing and exporting companies established 
in China, sought the annulment of Regulation (EC) No 1472/2006, which imposed an 
anti-dumping  duty  on  imports  of  seamless  certain  footwear  with  uppers  of  leather 
originating in, inter alia, China, making the applicants subject to a duty of 16.5%. 

The applicants made two main claims – they disputed the institutions' decision not to 
grant  them  Market  Economy  Treatment  ('MET')  and  they  asserted  that  children's 
shoes should have been excluded from the scope of the measure. 

The  Court  found  that  the  additional  information  relating  to  the  MET  assessment, 
which, according to the applicants had been wrongly rejected by the institutions had 
no evidential value as it did not show that the applicant in question pays rent at the 
market price. Furthermore, the Commission had correctly established a link with the 
Chinese  state  authorities  (representation  on  the  Board  of  Directors  of  one  of  the 

EN 

54 

   EN 

applicants).  In  view  of  the  above,  the  Commission  could  reasonably  conclude  that 
the third MET criterion had not been satisfied. 

With regard to the second claim, the Court stated that the applicants have not shown 
that  the  fact  that  children  need  new  shoes  more  frequently  than  adults,  thus 
potentially offsetting the advantage of those shoes being less expensive, affects the 
position of consumers to the extent that the definitive duties would be contrary to the 
Union  interest.  In  addition,  the  Council's  assessment  was  also  based  on  the 
unlikelihood of consumers bearing the full brunt of any measures. The Council had 
explained  the  reasons  for  its  assessment  in  the  Regulation  imposing  definitive 
measures. 

The Court thus dismissed the action for annulment. 

12.5. 

Judgments rendered by the Court of Justice 

In 2009, the COJ rendered 5 judgments relating to the anti-dumping or anti-subsidy 
areas. 

12.5.1 

Ironing  boards  originating  in,  inter  alia,  China  –  C-141/08  P  –  Foshan  Shunde 
Yongjian  Housewares  &  Hardware  Co.  Ltd.  (appellant)  Council  of  the  European 
Union  (defendant  at  first  instance)  –  Judgment  of  1  October  2009  (OJ  C  282  of 
21.11.2009, p.9) 

Foshan  Shunde  Yongjian  (the  applicant),  a  Chinese  exporting  producer  had  sought 
annulment  of  Council  Regulation  (EC)  No.  452/2007  imposing  definitive  measures 
on ironing boards originating in, inter alia, China. The General Court had dismissed 
the action. The applicant appealed. 

The Court of Justice rejected the first ground of appeal. The applicant had claimed 
that  the  Commission  had  not  granted  it  MET  because  it  wrongly  considered  itself 
prohibited from changing its original decision on this issue. On the basis of evidence 
before it, the General Court concluded that the final decision of the Commission not 
to grant the applicant MET was based on substantive grounds (non-fulfilment of the 
criteria) and not on a wrong interpretation of the rules as suggested by the applicant. 
The Court of Justice held that the General Court had not distorted the evidence and 
was entitled to conclude as it did.  

The second ground of appeal concerned rights of defence. 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.  

The applicant had been given time to comment, but the Commission sent its proposal 
for the definitive regulation to the Council prior to the expiry of the 10-day deadline 
for  comments.  The  General  Court  had  held  that  in  so  doing  the  Commission  had 
breached  the  Basic  Regulation,  which  stipulates  that  parties  shall  have  at  least  10 
days to comment on final disclosure. However, it had found that this breach did not 

EN 

55 

   EN 

affect the content of the regulation and thus the applicant's rights of defence - thus it 
could not lead to an annulment of the regulation.  

The Court of Justice disagreed, stating that it could not be ruled out that the breach 
could  affect  the  content  of  the  regulation,  and  finding  that  the  appellant's  rights  of 
defence were in fact adversely affected. 

The Court of Justice thus set aside a part of the judgment of the General Court and 
annulled the regulation in so far as it imposed an anti-dumping duty on the applicant. 

13. 

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

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

13.1.1.  Overview of the WTO dispute settlement procedure 

The WTO provides for a rigorous procedure for the settlement of disputes between 
WTO Members concerning the application of the WTO agreements. The procedure 
is  divided  into  two  main  stages.  The  first  stage,  at  the  level  of  the  WTO  Members 
concerned, consists of a bilateral consultation. Upon failure of the consultation, the 
second  stage  can  be  opened  by  requesting  the  WTO  Dispute  Settlement  Body  to 
establish a panel. WTO Members, other than the complaining  and  defending party, 
with an interest in a given case, can intervene as "third parties" before the panel. The 
panel issues a report, which can be appealed before the Appellate Body (AB) (each 
appeal being heard by three members of a permanent seven-member body set up by 
the Dispute Settlement Understanding). Both the panel report  and the report by the 
Appellate Body are adopted by the Dispute Settlement Body (DSB) unless the latter 
rejects the report by unanimity. 

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

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

13.1.2.  Dispute settlement procedures against the Union 

. 

 India  - Polyethylene terephthalate (PET) – Request for consultations 

In December 2008 India had 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. Consultations were held on 3 
April 2009.  

EN 

56 

   EN 

 
China - certain iron or steel fasteners 

By  Council  Regulation  (EC)  No  91/2009,  the  Council  imposed  anti-dumping 
measures  on  imports  of  certain  iron  or  steel  fasteners  originating  in  the  People's 
Republic of China. In July 2009, China submitted a request for consultations with the 
European Union on the above Regulation. Consultations were held on 14 September 
2009. China then requested the establishment of a panel. The panel was established 
on 23 October 2009 and its members were elected on 9 December 2009.  

13.2.  Other WTO activities 

In  2009,  the  DDA  Negotiating  Group  on  rules  met  regularly  to  discuss  the  revised 
Chair's draft text which was circulated in December 2008 and the fisheries subsidies 
"roadmap". In this revised version, 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.  

No  progress  could  be  achieved  on  any  of  these  issues  in  the  anti-dumping  and 
horizontal subsidies areas. In fisheries, the group conducted intensive discussions on 
the basis of the questions contained in the Chair's roadmap. While this allowed the 
views of Members to be clarified on key issues, it did not help positions to converge. 

In parallel to these activities, participation by the Commission services in the regular 
the  Anti-dumping,  Subsidies  and  Countervailing  and  Safeguards 
work  of 
Committees  continued.  The  Committees  met  twice  in  regular  sessions  to  review 
notifications and raise issues of special interest. 

14. 

CONCLUSION 

The  level  of  activity  in  2009  over  2008  changed  very  little  when  based  on  the 
initiation  of  new  cases  –  21  as  compared  to  20.      2009  did  however  show  a 
significant increase in the number of anti-subsidy cases initiated – up from 2 in 2008 
to 6 in 2009. There was a significant decrease in the number of definitive measures 
imposed  –  this  is  related  to  the  low  number  of  initiations  in  2007.  There  was  a 
considerable  increase  in  the  number  of  investigations  terminated  without  the 
imposition of measures (from 3 to 11 between the two years) and a doubling of the 
number  provisional  measures  imposed  (10)  over  the  previous  year.    2009  also  saw 
the  number  of  reviews  initiated  increase  significantly  while  the  number  of  reviews 
terminated dropped considerably over 2008 figures.  

In  2009  a  number  of  initiatives  to  improve  the  transparency  of  trade  defence 
investigations began. The actions which include a revamp of the TDI website, as well 
as specific assistance for SMEs and improved disclosure in cases were some of the 
elements agreed with Member States  In 2009 a study regarding the needs of SMEs 
in TDI was launched and results are expected during 2010.   The TDI services also 
continued their information role through organising seminars aimed at third country 
officials and held a number of bilateral contacts with industry.   

EN 

57 

   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 2009 
A.  Anti-dumping investigations 
B.  Anti-subsidy investigations 

New investigations initiated  
A.  by product sector during the period 2005 – 2009 (31 December) 
B.  by country of export during the period 2005 – 2009 (31 December) 

New  investigations  concluded  by  the  imposition  of  provisional  duties  during  the 
period 1 January - 31 December 2009 
A.  Anti-dumping investigations 
B.  Anti-subsidy investigations 

New investigations concluded by the imposition of definitive duties during the period 
1 January - 31 December 2009 
A.  Anti-dumping investigations 
B.  Anti-subsidy investigations 

New  investigations  terminated  without  imposition  of  measures  during  the  period 
1 January - 31 December 2009 
A.  Anti-dumping investigations 
B.  Anti-subsidy investigations 

Expiry  reviews  initiated  or  concluded  during  the  period  1  January  –  31  December 
2009 

Interim  reviews  initiated  or  concluded  during  the  period  1  January  –  31  December 
2009 

ANNEX H 

Other reviews concluded during the period 1 January - 31 December 2009 

ANNEX I 

ANNEX J 

ANNEX K 

ANNEX L 

New  exporter  reviews  initiated  or  concluded  during  the  period  1  January  –  31 
December 2009  
A.  Anti-dumping investigations 
B.  Anti-subsidy investigations 

Anti-absorption investigations initiated or concluded during the period 1 January - 31 
December 2009 

Anti-circumvention investigations initiated or concluded during the period 1 January 
- 31 December 2009 

Safeguard  investigations  initiated  or  concluded  during  the  period  1 January  -  31 
December 2009 

ANNEX M 

Undertakings accepted or repealed during the period 1 January – 31 December 2009 

ANNEX N 

Measures which expired during the period 1 January - 31 December 2009 

ANNEX O 

ANNEX P 

Definitive anti-dumping measures in force on 31 December 2009  
A.  Ranked by product 
B.  Ranked by country 

Definitive anti-subsidy measures in force on 31 December 2009 
A.  Ranked by product 
B.  Ranked by country 

EN 

58 

   EN 

ANNEX Q 

ANNEX R 

ANNEX S 

Undertakings in force on 31 December 2009  
A.  Ranked by product 
B.  Ranked by country 

Anti-dumping & anti-subsidy investigations pending on 31 December 2009 : 
A.  New investigations (ranked by product) 
B.  Review investigations (ranked by product) 
C.  Ranked by country (new & review investigations) 

Court cases  
A. Court cases  pending before the Court of Justice and the General Court (formely 
Court of First Instance of the European Communities) on 31 December 2009 
B.  Judgments,  orders  and  other  decisions  rendered  by  the  Court  of  Justice  and  the 
General  Court  (formely  Court  of  First  Instance  of  the  European  Communities) 
during 2009 

ANNEX T 

Safeguard and surveillance measures in force on 31 December 2009 

EN 

59 

   EN 

 
ANNEX A 

New investigations initiated 

during the period 1 January – 31 December 2009 

A. 

Anti-dumping investigations (chronological by date of publication) 

Product 

Country of origin  OJ Reference 

Cargo scanning systems 

Molybdenum wires 

Sodium gluconate 

Aluminium road wheels 

Stainless steel fasteners 

Polyethylene terephthalate (PET) 

High tenacity yarn of polyesters 

Ironing boards (Since Hardware) 

P.R. China 

P.R. China 

P.R. China 

P.R. China 

India 
Malaysia 

Iran 
Pakistan 
UAE 

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

P.R. China 

Continuous filament glass fibre products 

P.R. China 

Purified terephthalic acid and its salts 

Thailand 

C 63 
18.03.2009, p. 20 

C 84 
08.04.2009, p. 5 

C 188 
11.08.2009, p. 24 

C 190 
13.08.2009, p. 22 

C 190 
13.08.2009, p. 27 

C 208 
03.09.2009, p. 12 

C 213 
08.09.2009, p. 16 

C 237 
02.10.2009, p. 5 

C 307 
17.12.2009, p. 39 

C 313 
22.12.2009, p. 17 

B. 

Anti-subsidy investigations (chronological by date of publication) 

Product 

Country of origin 

OJ Reference 

Stainless steel fasteners (AS) 

Polyethylene terephthalate (PET) (AS) 

Purified terephthalic acid and its salts (AS) 

India 
Malaysia 

Iran 
Pakistan 
UAE 

Thailand 

C 190 
13.08.2009, p. 32 

C 208 
03.09.2009, p. 7 

C 313 
22.12.2009, p. 22 

EN 

60 

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ANNEX B 

A) 

New investigations initiated by product sector during the period 2005 – 2009 
(31 December)  

Product 

2005 

2006 

2007 

2008 

2009 

Chemical and allied 

Textiles and allied 

Wood and paper 

Electronics 

Other mechanical engineering 

Iron and Steel 

Others metal 

Other 

Of which 

anti-dumping 

anti-subsidy 

3 

1 

- 

7 

2 

4 

- 

9 

26 

24 

2 

13 

2 

- 

5 

2 

- 

9 

5 

36 

35 

1 

2 

- 

- 

- 

- 

6 

- 

1 

9 

9 

0 

2 

- 

- 

- 

- 

6 

- 

1 

20 

18 

2 

9 

3 

- 

1 

- 

4 

1 

3 

21 

15 

6 

EN 

61 

   EN

 
 
B) 

New  investigations  initiated  by  country  of  export  during  the  period  2005  –
2009 (31 December) 

Country of origin 
Armenia 
Australia 
Belarus 
Bosnia & Herzegovina 
Brazil 
China (People's Republic of) 
Croatia 
Egypt 
Guatemala 
Hong Kong 
India 
Indonesia 
Iran 
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 
UAE 
USA 
Vietnam 

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 

2009 
- 
- 
- 
- 
- 
7 
- 
- 
- 
- 
2 
- 
2 
- 
- 
1 
- 
2 
- 
- 
2 
- 
- 
- 
- 
1 
2 
- 
- 
2 
- 
- 
21 

EN 

62 

   EN

 
ANNEX C 

New investigations concluded by the imposition of provisional duties 

during the period 1 January – 31 December 2009 

A. 

Anti-dumping investigations (chronological by date of publication) 

Product 

Wire rod 

Country of 
origin 

P.R. China 
Moldova (Rep. of) 

Biodiesel 

USA 

Aluminium foil 

Seamless pipes and tubes of 
iron or steel 

Armenia 
Brazil 
P.R. China 

P.R. China 

Cargo scanning systems 

P.R. China 

Molybdenum wires 

P.R. China 

Regulation N°  OJ Reference 

Council Reg. 
(EC) No 112/2009 
06.02.2009 

Council Reg. 
(EC) No 193/2009 
11.03.2009 

Council Reg. 
(EC) No 287/2009 
07.04.2009 

Council Reg. 
(EC) No 289/2009 
07.04.2009 

Commission Reg. 
(EC) No 1242/2009 
16.12.2009 

Commission Reg. 
(EC) No 1247/2009 
17.12.2009 

L 38 
07.02.2009  
p. 3 

L 67 
12.03.2009  
p. 22 

L 94 
08.04.2009  
p. 17 

L 94 
08.04.2009  
p. 48 

L 332 
17.12.2009  
p. 60 

L 336 
18.12.2009  
p. 16 

B. 

Anti-subsidy investigations (chronological by date of publication) 

Product 

Country of 
origin 

Regulation N°  OJ Reference 

Biodiesel (AS) 

USA 

Council Reg. 
(EC) No 194/2009 
11.03.2009 

L 67 
12.03.2009  
p. 50 

EN 

63 

   EN

 
 
ANNEX D 

New investigations concluded by the imposition of definitive duties 

during the period 1 January – 31 December 2009 

A. 

Anti-dumping investigations (chronological by date of publication) 

Product 

Country of 
origin 

Fasteners, iron or steel 

P.R. China 

PSC wires and strands 

P.R. China 

Candles, tapers and the like 

P.R. China 

Biodiesel 

Wire rod 

Aluminium foil 

Seamless pipes and tubes of iron 
or steel 

USA 

P.R. China 

Armenia 
Brazil 
P.R. China 

P.R. China 

Regulation N°  OJ Reference 

Council Reg. 
(EC) No 91/2009 
26.01.2009 

Council Reg. 
(EC) No 383/2009 
05.05.2009 

Council Reg. 
(EC) No 393/2009 
11.05.2009 

Council Reg. 
(EC) No 599/2009 
07.07.2009 

Council Reg. 
(EC) No 703/2009 
27.07.2009 

Council Reg. 
(EC) No 925/2009 
24.09.2009 

Council Reg. 
(EC) No 926/2009 
24.09.2009 

L 29 
31.01.2009 
p. 1 

L 118 
13.05.2009 
p. 1 

L 119 
14.05.2009 
p. 1 

L 179 
10.07.2009 
p. 26 

L 203 
05.08.2009 
p. 1 

L 262 
06.10.2009 
p. 1 

L 262 
06.10.2009 
p. 19 

B. 

Anti-subsidy investigations (chronological by date of publication) 

Product 

Country of 
origin 

Regulation N°  OJ Reference 

Biodiesel (AS) 

USA 

Council Reg. 
(EC) No 598/2009 
07.07.2009 

L 179 
10.07.2009 
p. 1 

EN 

64 

   EN

 
 
ANNEX E 

New investigations terminated without the imposition of measures 

during the period 1 January – 31 December 2009 

A. 

Anti-dumping investigations (chronological by date of publication) 

Product 

Country of 
origin 

Decision N° 

OJ Reference 

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

P.R. China 

Stainless steel cold rolled flat 
products 

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

Sodium metal 

USA 

Wire rod 

Hollow sections 

Turkey 
Moldova (Rep. of) 

Belarus 
Turkey 
Ukraine 

Commission Dec. 
No 2009/106/EC 
06.02.2009 

Commission Dec. 
No 2009/327/EC 
16.04.2009 

Commission Dec. 
No 2009/453/EC 
11.06.2009 

Council Reg. 
(EC) No 703/2009 
27.07.2009 

Commission Dec. 
No 2009/698/EC 
04.09.2009 

L 38 
07.02.2009 
p. 34 

L 98 
17.04.2009 
p. 39 

L 149 
12.06.2009 
p. 76 

L 203 
05.08.2009 
p. 1 

L 237 
09.09.2009 
p. 34 

B. 

Anti-subsidy investigations (chronological by date of publication) 

Product 

Country of 
origin 

Decision N° 

OJ Reference 

Sodium metal (AS) 

USA 

Commission Dec. 
No 2009/452/EC 
11.06.2009 

L 149 
12.06.2009 
p. 74 

EN 

65 

   EN

 
ANNEX F 

Expiry reviews initiated or concluded 

during the period 1 January – 31 December 2009 

(chronological by date of publication) 

Initiated 

Product 

Country of origin 

OJ Reference 

Silicon 

P.R. China 

Sodium cyclamate 

P.R. China 
Indonesia 

Ammonium nitrate 

Ukraine 

Polyethylene terephthalate 
(PET) 

P.R. China 

Graphite electrode systems 

India 

Graphite electrode systems 
(AS) 

India 

Glyphosate 

P.R. China 

Synthetic fibre ropes 

P.R. China 

Okoumé plywood 

P.R. China 

Tungsten carbide and fused 
tungsten carbide 

P.R. China 

C 51 
04.03.2009 
p. 17 

C 56 
10.03.2009 
p. 42 

C 94 
23.04.2009 
p. 15 

C 194 
18.08.2009 
p. 9 

C 224 
17.09.2009 
p. 20 

C 224 
17.09.2009 
p. 24 

C 234 
29.09.2009 
p. 9 

C 240 
07.10.2009 
p. 6 

C 270 
11.11.2009 
p. 24 

C 322 
30.12.2009 
p. 23 

EN 

66 

   EN

 
 
 
 
 
 
 
 
 
 
 
 
Concluded : confirmation of duty 

Product 

Country of origin  Regulation/ Decision 

OJ Reference 

Tube or pipe fittings of iron or 
steel 

P.R. China 
Thailand 

Furfuryl alcohol 

P.R. China 

Footwear with uppers of leather 

P.R. China 
Vietnam 

No 

Council Reg. 
(EC) No 803/2009 
27.08.2009 

Council Impl. Reg. 
(EU) No 1202/2009 
07.12.2009 

Council Impl. Reg. 
(EU) No 1294/2009 
22.12.2009 

L 233 
04.09.2009 
p. 1 

L 323 
10.12.2009 
p. 48 

L 352 
30.12.2009 
p. 1 

Concluded : termination and repeal of the measures 

Product 

Country of origin  Regulation/ Decision 

OJ Reference 

None 

- 

No 

- 

- 

EN 

67 

   EN

 
 
 
ANNEX G 

Interim reviews initiated or concluded 

during the period 1 January – 31 December 2009 

(chronological by date of publication) 

Initiated 

Product 

Country of origin 

OJ Reference 

Ironing boards 

P.R. China 

Silicon 

P.R. China 

Ironing boards 

Ukraine 

Ferro-silicon 

F.Y.R.O.M. 

Castings 

P.R. China 

Polyester staple fibres 

Korea (Rep. of) 

Trichloroisocyanuric acid 

P.R. China 

Ammonium nitrtate 

Russia 

Polyethylene terephthalate (PET) 
film 

India 

Polyethylene terephthalate (PET) 
film 

India 

Polyethylene terephthalate (PET) 
film (AS) 

India 

C 3 
08.01.2009 
p. 14 

C 51 
04.03.2009 
p. 17 

C 85 
09.04.2009 
p. 28 

C 93 
22.04.2009 
p. 22 

C 131 
10.06.2009 
p. 18 

C 142 
23.06.2009 
p. 4 

C 150 
02.07.2009 
p. 14 

C 152 
03.07.2009 
p. 40 

C 215 
09.09.2009 
p. 17 

C 215 
09.09.2009 
p. 19 

C 215 
09.09.2009 
p. 19 

EN 

68 

   EN

 
 
 
 
 
 
 
 
 
 
 
 
Okoumé plywood 

P.R. China 

Polyester staple fibres 

Korea (Rep. of) 

Polyethylene terephthalate (PET) 
film 

India 

C 270 
11.11.2009 
p. 24 

C 284 
25.11.2009 
p. 30 

C 291 
01.12.2009 
p. 28 

Concluded : confirmation/amendment of duty 

Product 

Country of origin  Regulation/ Decision 

OJ Reference 

Polyethylene terephtalate (PET) 
film (AS) 

India 

Steel ropes and cables 

India 

Polyester staple fibres 

P.R. China 

Stainless steel fasteners 

Vietnam 

Tube or pipe fittings of iron or 
steel 

P.R. China 
Taiwan 

Sweet corn (prepared or 
preserved in kernels) 

Thailand 

Magnesia bricks 

P.R. China 

Magnesia bricks 

P.R. China 

No 

Council Reg. 
(EC) No 15/2009 
08.01.2009 

Council Reg. 
(EC) No 283/2009 
06.04.2009 

Council Reg. 
(EC) No 500/2009 
11.06.2009 

Council Reg. 
(EC) No 768/2009 
17.08.2009 

Council Reg. 
(EC) No 803/2009 
27.08.2009 

Council Reg. 
(EC) No 847/2009 
15.09.2009 

Council Reg. 
(EC) No 825/2009 
07.09.2009 

Council Reg. 
(EC) No 826/2009 
07.09.2009 

L 6 
10.01.2009 
p. 1 

L 94 
08.04.2009 
p. 5 

L 151 
16.06.2009 
p. 6 

L 221 
25.08.2009 
p. 1 

L 233 
04.09.2009 
p. 1 

L 246 
18.09.2009 
p. 1 

L 240 
11.09.2009 
p. 1 

L 240 
11.09.2009 
p. 7 

EN 

69 

   EN

 
 
 
 
 
 
Concluded by termination of review/confirmation of duty 

Product 

Country of origin  Regulation/ Decision 

OJ Reference 

Hand pallet trucks and their 
essential parts 

P.R. China 

Graphite electrode systems 

India 

Plastic sacks and bags 

P.R. China 

Polyester filament fabrics 
(finished) 

P.R. China 

No 

Council Reg. 
(EC) No 188/2009 
09.03.2009 

Council Reg. 
(EC) No 626/2009 
13.07.2009 

Council Reg. 
(EC) No 682/2009 
27.07.2009 

Council Reg. 
(EC) No 862/2009 
15.09.2009 

L 67 
12.03.2009 
p. 1 

L 185 
17.07.2009 
p. 16 

L 197 
29.07.2009 
p. 20 

L 248 
22.09.2009 
p. 1 

Concluded : termination of measures 

Product 

Country of origin  Regulation/ Decision 

OJ Reference 

Ferro-silicon 

F.Y.R.O.M. 

No 

Council Impl. Reg. 
(EU) No 1297/2009 
22.12.2009 

L 351 
30.12.2009 
p. 1 

EN 

70 

   EN

 
 
 
 
ANNEX H 

Other reviews initiated or concluded 

during the period 1 January – 31 December 2009 

(chronological by date of publication) 

Initiated 

Product 

Country of origin 

OJ Reference 

Ammonium nitrate 23 

Russia 

Ironing boards 24 

P.R. China 

Commission Notice 
2009/C 229/07 

Commission Notice 
2009/C 308/12 

C 229 
23.09.2009 
p. 30 

C 308 
18.12.2009 
p. 44 

Concluded : confirmation/amendment of duty 

Product 

Country of origin  Regulation/ Decision 

OJ Reference 

Plastic sacks and bags25 

Castings 26 

P.R. China 
Thailand 

P.R. China 

Salmon (farmed) 27 

Norway 

Polyester staple fibres 28 

Korea (Rep. of) 

Ammonium nitrate 29 

Russia 

No 

Council Reg. 
(EC) No 189/2009 
09.03.2009 

Council Reg. 
(EC) No 282/2009 
06.04.2009 

Council Reg. 
(EC) No 319/2009 
16.04.2009 

Council Reg. 
(EC) No 412/2009 
18.05.2009 

Council Reg. 
(EC) No 989/2009 
19.10.2009 

L 76 
19.03.2008 
p. 8 

L 94 
08.04.2009 
p. 1 

L 101 
21.04.2009 
p. 1 

L 125 
21.05.2009 
p. 1 

L 278 
23.10.2009 
p. 1 

23 Notice following GC (ex-CFI) judgement 
24 Partial reopening of the anti-dumping investigation 
25 Amendment following new exporters' request 
26 Amendment following new exporters' request 
27 Clarification of the scope of measures 
28 Amendment following GC (ex-CFI) judgement 
29 Amendment following GC (ex-CFI) judgement 

EN 

71 

   EN

 
 
 
 
 
                                                 
ANNEX I 

New exporter reviews initiated or concluded 

during the period 1 January – 31 December 2009 

(chronological by date of publication) 

A. 

Anti-dumping investigations 

Initiated 

Product 

Country of origin  Regulation/Decision 

OJ Reference 

Hand pallet trucks and their 
essential parts 

P.R. China 

Urea and ammonium nitrate 
solutions 

Russia 

Ironing boards 

P.R. China 

Furfuryl alcohol 

P.R. China 

Chamois leather 

P.R. China 

Tube and pipe fittings 

Malaysia 

No 

Commission Reg. 
(EC) No 52/2009 
21.01.2009 

Commission Reg. 
(EC) No 241/2009 
20.03.2009 

Commission Reg. 
(EC) No 356/2009 
29.04.2009 

Commission Reg. 
(EC) No 512/2009 
16.06.2009 

Commission Reg. 
(EC) No 573/2009 
29.06.2009 

Commission Reg. 
(EC) No 692/2009 
30.07.2009 

L 17 
22.01.2009 
p. 19 

L 75 
21.03.2009 
p. 5 

L 109 
30.04.2009 
p. 6 

L 153 
17.06.2009 
p. 6 

L 172 
02.07.2009 
p. 3 

L 199 
31.07.2009 
p. 9 

EN 

72 

   EN

 
Concluded : imposition/amendment of duty 

Product 

Country of origin  Regulation/ Decision 

OJ Reference 

Urea and ammonium nitrate 
solutions 

Russia 

No 

Council Impl. Reg. 
(EU) No 1251/2009 
18.12.2009 

L 338 
19.12.2009 
p. 5 

Concluded : termination of the review / confirmation of duty 

Product 

Country of origin  Regulation/ Decision 

OJ Reference 

Polyethylene terephthalate 
(PET) 

Malaysia 

Hand pallet trucks 

P.R. China 

Chamois leather 

P.R. China 

No 

Commission Reg. 
(EC) No 681/2009 
27.07.2009 

Council Reg. 
(EC) No 913/2009 
24.09.2009 

Council Impl. Reg. 
(EU) No 1252/2009 
18.12.2009 

L 197 
29.07.2009 
p. 18 

L 258 
01.10.2009 
p. 1 

L 338 
19.12.2009 
p. 12 

EN 

73 

   EN

 
 
 
B. 

Anti-subsidy investigations ("accelerated" investigations) 

Initiated 

Product 

Country of origin  Regulation/Decision 

OJ Reference 

No (if applicable) 

None 

- 

- 

- 

Concluded : imposition/amendment of duty 

Product 

Country of origin Regulation/ Decision 

OJ Reference 

None 

- 

No 

- 

- 

Concluded : termination 

Product 

Country of origin  Regulation/ Decision 

OJ Reference 

None 

- 

No 

- 

- 

EN 

74 

   EN

 
 
 
ANNEX J 

Anti-absorption investigations initiated or concluded 

during the period 1 January – 31 December 2009 

(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 

None 

- 

No 

- 

- 

Concluded without increase of duty / termination 

Product 

Country of 
origin 

Regulation/ 
Decision No 

OJ Reference 

None 

- 

- 

- 

EN 

75 

   EN

 
 
 
 
 
ANNEX K 

Anti-circumvention investigations initiated or concluded 

during the period 1 January – 31 December 2009 

(chronological by date of publication) 

Initiated 

Product 

Country of origin  Regulation/ Decision 

OJ Reference 

Steel ropes and cables 

P.R. China 

No 

Council Reg. (EC)  
No 734/2009 
11.08.2009 

L 208 
12.08.2009 
p. 7 

Concluded with extension of duty 

Product 

Country of 
consignment 

Regulation No 

OJ Reference 

Hand pallet trucks and their 
essential parts 

P.R. China 
(Thailand) 

Council Reg. (EC)  
No 499/2009 
11.06.2009 

L 151 
16.06.2009 
p. 1 

Concluded without extension of duty / termination 

Product 

Country of 
consignment 

Regulation No 

OJ Reference 

None 

- 

- 

- 

Exemptions granted and/or rejected 

Product 

Country of 
consignment 

Regulation No 

OJ Reference 

Bicycle parts 

P.R. China 

Commission Dec. 
No 2009/48/EC 
22.01.2009 

L 19 
19.01.2009 
p. 62 

EN 

76 

   EN

 
 
 
ANNEX L 

Safeguard investigations initiated and concluded 

during the period 1 January – 31 December 2009  

(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 

77 

   EN

 
 
 
 
 
 
 
 
ANNEX M 

Undertakings accepted or repealed 

during the period 1 January – 31 December 2009 

(chronological by date of publication) 

Undertakings accepted 

Product 

Country of 
origin 

Regulation N°  OJ Reference 

Aluminium foil 

Brazil 

Commission Dec. 
No 2009/736/EC 
05.10.2009 

L 262 
06.10.2009 
p. 50 

Undertakings withdrawn or repealed 

Product 

Country of 
origin 

Regulation N°  OJ Reference 

Sweet corn (prepared or 
preserved, in kernels) 

Thailand 

Commission Dec. 
No 2009/708/EC 
19.09.2009 

L 246 
18.09.2009 
p. 29 

Undertakings which expired/lapsed 

Product 

Country of 
origin 

Original measure(s) 
& OJ Reference 

OJ Reference 

Trout (large rainbow) 

Faroe Islands 

Polyethylene terephthalate (PET)  Australia 

Council Reg. 
(EC) No 437/2004 
(OJ L 72, 11.03.2004, p. 
23) 

Council Reg. 
(EC) No 1467/2004 
(OJ L 271, 19.08.2004, 
p. 1) 

C 57 
11.03.2009 
p. 7 

C 181 
04.08.2009 
p. 41 

EN 

78 

   EN

 
 
ANNEX N 

Measures which expired / lapsed 

during the period 1 January – 31 December 2009 

(chronological by date of publication) 

A. 

Anti-dumping investigations (chronological by date of publication) 

Product 

Country of 
origin 

Bedlinen (cotton-type) 

Pakistan 

Trout (large rainbow) 

Faroe Islands 

Polyethylene terephthalate (PET)  Australia 

Original measure 
&  
OJ Reference 

Council Reg. 
(EC) No 397/2004 
(OJ L 66, 4.03.2004, 
p. 1) 

Council Reg. 
(EC) No 437/2004 
(OJ L 72, 11.03.2004, 
p. 23) 

Council Reg. 
(EC) No 1467/2004 
(OJ L 271, 
19.08.2004, p. 1) 

Publication 

C 52 
05.03.2009 
p. 25 

C 57 
11.03.2009 
p. 7 

C 181 
04.08.2009 
p. 41 

B. 

Anti-subsidy investigations (chronological by date of publication) 

Product 

Country of 
origin 

Original measure 
&  
OJ Reference 

Publication 

Bedlinen (cotton-type) (AS) 

India 

Council Reg. 
(EC) No 74/2004 
(OJ L 12, 17.01.2004, 
p. 1) 

C 4 
09.01.2009 
p. 4 

EN 

79 

   EN

 
 
 
ANNEX O 

Definitive anti-dumping measures in force on 31 December 2009 

A. Ranked by product (alphabetical) 

Product 

Origin 

Measure 

Regulation N° 

Publication 

Ammonium nitrate  

Russia 

Duties 

Undertakings 

Duties 
(2 years) 

Undertakings 

Ukraine 

Aluminium foil 

Armenia 
Brazil 
P.R. China 

Duties 

Undertakings 

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 
corrected by 
L 339, 22.12.2009,  
p. 59 
as last amended by 
Council Reg. 
(EC) No 989/2009 
19.10.2009 

Commission 
Decision 
No 2008/577/EC 
04.07.2008 
corrected by 
L 339, 22.12.2009,  
p. 59 
Council Reg. 
(EC) No 442/2007 
19.04.2007  

Commission 
Decision 
No 2008/577/EC 
04.07.2008 
corrected by 
L 339, 22.12.2009,  
p. 59 
Council Reg. 
(EC) No 925/2009 
24.09.2009 
Commission 
Decision 
No 2009/736/EC 
05.10.2009 

L 102 
18.04.2002 
p. 1 

L 160 
23.06.2005 
p. 1 

L 185 
12.07.2008 
p. 1 

L 278 
23.10.2009 
p. 1 

L 185 
12.07.2007 
p. 43 

L 106 
24.04.2007 
p. 1 

L 185 
12.07.2007 
p. 43 

L 262 
06.10.2009 
p. 1 

L 262 
06.10.2009 
p. 50 

EN 

80 

   EN

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Barium carbonate 

P.R. China 

Duties 

Bicycles 

P.R. China 

Duties 

Vietnam 

Duties 

Bicycle parts (extension to 
bicycles) 

P.R. China 

Duties 

Biodiesel 

USA 

Duties 

Candles, tapers and the like 

P.R. China 

Duties 

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 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 599/2009 
07.07.2009 
Council Reg. 
(EC) No 393/2009 
11.05.2009 

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

L 183 
14.07.05 
p. 1 

L 55 
28.02.08 
p. 1 
L 179 
10.07.2009 
p. 26 
L 119 
14.05.2009 
p. 1 

EN 

81 

   EN

 
 
 
 
 
 
 
 
Castings 

P.R. China 

Duties 

Undertakings 

Citric acid 

P.R. China 

Duties 
Undertakings 

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 

Duties 
(2 years) 

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 

Council Reg. 
(EC) No 1212/2005 
25.07.2005 
corrected by L 26, 
30.01.2009, p. 6 
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 
corrected by L 97, 
16.04.2009, p. 27 
& corrected by L 166, 
27.06.2009, p. 79 

EN 

82 

   EN

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Coumarin 

Duties 

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

India 

Undertaking 

Dicyandiamide 

P.R. China 

Duties 

Dihydromyrcenol 

Ethanolamines 

India 

USA 

Fasteners, iron or steel 

P.R. China 

Ferro-silicon 

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

Duties 

Duties  
(2 years) 

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 

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 
Council Reg. 
(EC) No 91/2009 
26.01.2009 
Council Reg. 
(EC) No 172/2008 
25.02.2008 

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 
L 29 
31.01.2009 
p. 1 
L 55 
28.02.2008 
p. 6 

EN 

83 

   EN

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Footwear with uppers of 
leather 

P.R. China 
Macau (SAR) (ext.)
Vietnam 

Duties 
(15 months) 

Furfuraldehyde 

P.R. China 

Duties 

Furfuryl alcohol 

P.R. China 

Duties 

Glyphosate 

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

Duties 
(suspended 
until 
16.02.2010) 

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

USA 

Duties 

USA 

Undertakings 

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 
and maintained by 
Council Impl.Reg. 
(EU) No 1294/2009 
22.12.2009 
Council Reg. 
(EC) No 639/2005 
25.04.2005 
Council Reg. 
(EC) No 1905/2003 
27.10.2003 
and maintained by 
Council Impl.Reg. 
(EU) No 1202/2009 
07.12.2009 
Council Reg. 
(EC) No 1683/2004 
24.09.2004 extended 
to such imports 
consigned from 
Malaysia & Taiwan  
as last amended by 
Council Reg. 
(EC) No 383/2009 
14.05.2009 
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 

L 275 
06.10.2006 
p. 1 

L 117 
01.05.2008 
p. 1 

L 352 
30.12.2009 
p. 1 
L 107 
28.04.2005 
p. 1 
L 283 
31.10.2003 
p. 1 

L 323 
10.12.2009 
p. 48 
L 303 
30.09.2004 
p. 1 

L 120 
15.05.2009 
p. 20 

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 

EN 

84 

   EN

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Granular polytetrafluoro-
ethylene (PTFE) 

P.R. China 
Russia 

Graphite electrode systems 

India 

Duties 

Duties 

Hand pallet trucks and their 
essential parts 

P.R. China 
Thailand (ext) 

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 

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 
Council Reg. 
(EC) No 1174/2005 
18.07.2005 
as last amended by 
Council Reg.  
(EC) No 684/2008 
17.07.2008 
and extended to such 
imports consigned 
from Thailand  
by Council Reg. 
(EC) No 499/2009 
11.06.2009 
Council Reg. 
(EC) No 452/2007 
23.04.2007 
corrected in PL by 
L 353, 31.12.2009,  
p. 70 
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, 
as last amended by 
Council Reg.  
(EC) No 825/2009 
07.09.2009 
and by Council Reg.  
(EC) No 826/2009 
07.09.2009 
Council Reg. 
(EC) No 778/2005 
25.05.2005 

L 320 
08.12.2005 
p. 1 
L 295 
18.09.2004 
p. 10 

L 350 
30.12.2008 
p. 24 
L 189 
21.07.2005 
p. 1 

L 192 
19.07.2008 
p. 1 

L 151 
16.06.2009 
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 240 
11.09.2009 
p. 1 
L 240 
11.09.2009 
p. 7 
L 131 
25.05.2005 
p. 1 

EN 

85 

   EN

 
 
 
 
 
 
 
 
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 

Polyester filament fabrics 
(finished) 

P.R. China 

Duties 

PET (polyethylene 
terephthalate) 

India 
Indonesia 
Korea (Rep. of) 
Malaysia 
Taiwan 
Thailand 

India 
Indonesia 
P.R. China 

Duties 

Undertakings 

Duties 

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 
and 
Council Regulation 
(EC) No 189/2009 
09.03.2009 
Council Reg. 
(EC) No 1487/2005 
12.09.2005 
as last amended by 
Council Reg. 
(EC) No 1087/2007 
18.09.2007 
Council Reg. 
(EC) No 192/2007 
22.02.2007 
corrected by 
L 215, 18.08.2007, p. 
27 

L 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 

L 67 
12.03.2009 
p. 5 
L 240 
16.09.2005 
p. 1 

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

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

L 271 
19.08.2004 
p. 1 

L 345 
28.12.2005 
p. 11 

EN 

86 

   EN

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
PET (polyethylene 
terephthalate) film 

India 
Brazil (ext.) 
Israel (ext.) 

Duties 

Polyester staple fibres 

Korea (Rep. of) 

Duties 

P.R. China 
Saudi Arabia 

Duties 

Potassium chloride 

Belarus 
Russia  

Duties 

Russia 

Undertakings 

Powdered activated carbon 
(PAC) 

P.R. China 

Duties 

Refrigerators (side-by-side) 

Korea (Rep. of) 

Duties 

Ring binder mechanisms 

P.R. China 

Duties 

Council Reg. 
(EC) No 1292/2007 
30.10.2007 
and extended to 
imports consigned 
from Brazil and from 
Israel by the same 
Regulation 
as last amended by 
Council Reg. 
(EC) No 15/2009 
08.01.2009 
Council Reg. 
(EC) No 2852/2000 
22.12.2000 
as last amended by 
Council Reg. 
(EC) No 428/2005 
17.03.2005 
and 
Council Reg. 
(EC) No 412/2009 
18.05.2009 
Council Reg. 
(EC) No 428/2005 
10.03.2005 
as last amended by 
Council Reg. 
(EC) No 1333/2005 
09.08.2005 
Council Reg. 
(EC) No 1050/2006 
11.07.2006 

Commission Dec. 
No 2005/802/EC 
17.10.2005 
as last 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. 

L 288 
06.11.2007 
p. 1 

L 6 
10.01.2009 
p. 1 

L 332 
28.12.2000 
p. 17 

L 71 
17.03.2005 
p. 1 

L 125 
21.05.2009 
p. 1 
L 71 
17.03.2005 
p. 1 

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

L 302 
19.11.2005 
p. 79 

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

L 133 
29.05.2003 
p. 36 

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

EN 

87 

   EN

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Vietnam (ext.) 
Laos (ext.) 

(4 years) 

PSC wires and strands 

P.R. China 

Duties 

Saddles 

P.R. China 

Duties 

Seamless pipes and tubes of 
iron or steel 

Croatia  
Russia 
Ukraine 

Duties 

Seamless pipes and tubes of 
iron or steel 

Silico-manganese 

P.R. China 

Duties 

P.R. China 
Kazakhstan 

Duties 
(suspended 
until 
06.09.2009) 

Silicon carbide 

P.R. China 

Duties 

(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 383/2009 
05.05.2009 
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 
Council Reg. 
(EC) No 926/2009 
24.09.2009 
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 

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 118 
13.05.2009 
p. 1 
L 160 
21.06.2007 
p. 1 
L 175 
29.06.2006 
p. 4 

L 220 
15.08.2008 
p. 1 
L 262 
06.10.2009 
p. 19 
L 317 
05.12.2007 
p. 5 

L 232 
25.08.2006 
p. 1 

EN 

88 

   EN

 
 
 
 
 
 
Silicon 

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

Duties 

Sodium cyclamate 

Stainless steel fasteners and 
parts thereof 

P.R. China 
Indonesia 

P.R. China 
Indonesia 
Taiwan 
Thailand 

Duties 

Duties 

Vietnam 

Duties 

Steel ropes and cables 

Duties 

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 398/2004 
02.03.2004 
extended to imports of 
silicon consigned 
from Korea (Rep. of) 
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 1890/2005 
14.11.2005 
corrected by L 256, 
02.10.2007, p. 31 
as last amended by 
Council Reg. 
(EC) No 768/2009 
17.08.2009 
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 
corrected by L 96, 
15.04.2009, p. 39 
Council Reg. 
(EC) No 407/2007 
16.04.2007 

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 302 
19.11.2005 
p. 1 

L 221 
25.08.2009 
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 

89 

   EN

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Sulphanilic acid 

P.R. China 
India 

Duties 

India 

Undertakings 

Sweet corn (prepared or 
preserved, in kernels) 

Thailand 

Duties 

Synthetic fibre ropes 

India 

Duties 

Tartaric acid 

P.R. China 

Duties 

Trichloroisocyanuric acid 

P.R. China 
USA 

Duties 

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 
and by 
Council Reg. 
(EC) No 847/2009 
15.09.2009 
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 

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 246 
18.09.2009 
p. 1 
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 

EN 

90 

   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 
and  
maintained by 
Council Reg. 
(EC) No 803/2009 
27.08.2009 
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 233 
04.09.2009 
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 

91 

   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 

Wire rod 

Belarus 
P.R. China 
Russia 
P.R. China 

Duties 

Duties 

Council Reg. 
(EC) No 1911/2006 
19.12.2006 
as last amended by 
Council Reg. 
(EC) No 789/2008 
24.07.2008 
and  
Council Impl. Reg. 
(EU) No 1251/2009 
18.12.2009 

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 

Council Reg. 
(EC) No 703/2009 
27.07.2009 

L 365 
21.12.2006 
p. 26 

L 213 
08.08.2008 
p. 14 

L 338 
19.12.2009 
p. 5 

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 

L 203 
05.08.2009 
p. 1 

B. Ranked by country (alphabetical) 

Origin 

Product 

Measure 

Regulation N° 

Publication 

Algeria 

Urea and ammonium nitrate 
solutions 

Duties 

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 

L 365 
21.12.2006 
p. 26 

L 213 
08.08.2008 
p. 14 

L 75 
24.03.2000 
p. 3 

EN 

92 

   EN

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Armenia 

Aluminium foil 

Duties 

Belarus 

Potassium chloride 

Urea and ammonium nitrate 
solutions 

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

Brazil 

Aluminium foil 

Undertakings 

Duties 

Duties 

Duties 

Duties 

Undertakings 

PET (polyethylene 
terephthalate) film (ext.) 

Duties 

P.R. China 

Aluminium foil 

Duties 

Undertakings 

Council Reg. 
(EC) No 925/2009 
24.09.2009 
Commission 
Decision 
No 2009/736/EC 
05.10.2009 
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 925/2009 
24.09.2009 
Commission 
Decision 
No 2009/736/EC 
05.10.2009 
Council Reg. 
(EC) No 1292/2007 
30.10.2007 
and extended to 
imports consigned 
from Brazil and from 
Israel by the same 
Regulation 
as last amended by 
Council Reg. 
(EC) No 15/2009 
08.01.2009 
Council Reg. 
(EC) No 925/2009 
24.09.2009 
Commission 
Decision 
No 2009/736/EC 
05.10.2009 

L 262 
06.10.2009 
p. 1 

L 262 
06.10.2009 
p. 50 

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 262 
06.10.2009 
p. 1 

L 262 
06.10.2009 
p. 50 

L 288 
06.11.2007 
p. 1 

L 6 
10.01.2009 
p. 1 

L 262 
06.10.2009 
p. 1 

L 262 
06.10.2009 
p. 50 

EN 

93 

   EN

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Barium carbonate 

Duties 

Bicycles 

Duties 

Bicycle parts 

Duties 

Candles, tapers and the like 

Duties 

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 
Council Reg. 
(EC) No 393/2009 
11.05.2009 

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 55 
28.02.2008 
p. 1 
L 16 
18.01.97 
p. 1 

L 119 
14.05.2009 
p. 1 

EN 

94 

   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 

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 

Council Reg. 
(EC) No 1212/2005 
25.07.2005 
corrected by L 26, 
30.01.2009, p. 6 
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 
corrected by L 97, 
16.04.2009, p. 27 
& corrected by L 166, 
27.06.2009, p. 79 

EN 

95 

   EN

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Coumarin 

Duties 

Dicyandiamide 

Duties 

Fasteners, iron or steel 

Duties 

Ferro-silicon 

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 91/2009 
26.01.2009 
Council Reg. 
(EC) No 172/2008 
25.02.2008 

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 29 
31.01.2009 
p. 1 
L 55 
28.02.2008 
p. 6 

EN 

96 

   EN

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Footwear with uppers of 
leather 

Duties 
(15 months) 

Furfuraldehyde 

Furfuryl alcohol 

Duties 

Duties 

Glyphosate 

Duties 
(suspended 
until 
16.02.2010) 

Granular polytetrafluoro-
ethylene (PTFE) 

Hand pallet trucks and their 
essential parts 

Duties 

Duties 

Ironing boards 

Duties 

L 275 
06.10.2006 
p. 1 

L 117 
01.05.2008 
p. 1 

L 352 
30.12.2009 
p. 1 
L 107 
28.04.2005 
p. 1 
L 283 
31.10.2003 
p. 1 

L 323 
10.12.2009 
p. 48 
L 303 
30.09.2004 
p. 1 

L 120 
15.05.2009 
p. 20 

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 

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 
and maintained by 
Council Impl.Reg. 
(EU) No 1294/2009 
22.12.2009 
Council Reg. 
(EC) No 639/2005 
25.04.2005 
Council Reg. 
(EC) No 1905/2003 
27.10.2003 
and maintained by 
Council Impl.Reg. 
(EU) No 1202/2009 
07.12.2009 
Council Reg. 
(EC) No 1683/2004 
24.09.2004 extended 
to such imports 
consigned from 
Malaysia & Taiwan  
as last amended by 
Council Reg. 
(EC) No 1683/2009 
14.05.2009 
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 
corrected in PL by 
L 353, 31.12.2009,  
p. 70 

EN 

97 

   EN

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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 

Polyester filament fabrics 
(finished) 

Duties 

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, 
as last amended by 
Council Reg.  
(EC) No 825/2009 
07.09.2009 
and by Council Reg.  
(EC) No 826/2009 
07.09.2009 
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 
and 
Council Regulation 
(EC) No 189/2009 
09.03.2009 
Council Reg. 
(EC) No 1487/2005 
12.09.2005 
as last amended by 

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 240 
11.09.2009 
p. 1 
L 240 
11.09.2009 
p. 7 
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 

L 67 
12.03.2009 
p. 5 
L 240 
16.09.2005 
p. 1 

EN 

98 

   EN

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Polyester staple fibres 

Duties 

PET (polyethylene 
terephthalate) 

Duties 

Powdered activated carbon 
(PAC) 

Duties 

Ring binder mechanisms 

Duties 
(4 years) 

PSC wires and strands 

Duties 

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 1467/2004 
13.08.2004 
as last amended by 
Council Reg. 
(EC) No 2167/2005 
20.12.2005 
Council Reg. 
(EC) No 1011/2002 
10.06.2002 
as last amended by 
Council Reg. 
(EC) No 931/2003 
26.05.2003 
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 383/2009 
05.05.2009 

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

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

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

L 133 
29.05.2003 
p. 36 

L 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 118 
13.05.2009 
p. 1 

EN 

99 

   EN

 
 
 
 
 
 
 
 
 
 
 
 
 
 
Saddles 

Seamless pipes and tubes of 
iron or steel 

Silico-manganese 

Silicon carbide 

Silicon 

Duties 

Duties 

Duties 
(suspended 
until 
06.09.2009) 

Duties 

Duties 

Sodium cyclamate 

Stainless steel fasteners and 
parts thereof 

Duties 

Duties 

Council Reg. 
(EC) No 691/2007 
18.06.2007 
Council Reg. 
(EC) No 926/2009 
24.09.2009 
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 

L 160 
21.06.2007 
p. 1 
L 262 
06.10.2009 
p. 19 
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 

EN 

100 

   EN

 
 
 
 
 
 
 
 
 
 
 
 
Steel ropes and cables 

Duties 

Strawberries (frozen) 

Duties 

Sulphanilic acid 

Duties 

Tartaric acid 

Duties 

Trichloroisocyanuric acid 

Duties 

Council Reg. 
(EC) No 1858/2005 
08.11.2005 
as last amended by 
Council Reg. 
(EC) No 1459/2007 
10.12.2007 
extended as concerns 
Ukraine to such 
imports consigned 
from Moldova (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 

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 

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 
L 23 
27.01.2006 
p. 1 

L 48 
22.02.2008 
p. 1 
L 261 
07.10.2005 
p. 1 

EN 

101 

   EN

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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 

Wire rod 

Croatia 

Seamless pipes and tubes of 
iron or steel 

Duties 

Duties 

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 
and  
maintained by 
Council Reg. 
(EC) No 803/2009 
27.08.2009 
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 703/2009 
27.07.2009 
Council Reg. 
(EC) No 954/2006 
27.06.2006 

L 139 
06.06.2003 
p. 1 

L 275 
25.08.2004 
p. 1 

L 355 
01.12.2004 
p. 4 

L 355 
01.12.2004 
p. 9 

L 116 
29.04.2006 
p. 1 

L 233 
04.09.2009 
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 203 
05.08.2009 
p. 1 
L 175 
29.06.2006 
p. 4 

EN 

102 

   EN

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Egypt 

Ferro-silicon 

India 

Coumarin (ext.) 

Duties 

Duties 

Undertaking 

Dihydromyrcenol 

Duties 

Graphite electrode systems 

Duties 

PET (polyethylene 
terephthalate)  

Duties 

Undertakings 

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 

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 
Council Reg. 
(EC) No 192/2007 
22.02.2007 
corrected by 
L 215, 18.08.2007, p. 
27 

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 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 
L 59 
27.02.2007 
p. 1 

EN 

103 

   EN

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
PET (polyethylene 
terephthalate) film 

Duties 

Steel ropes and cables 

Duties 

Sulphanilic acid 

Duties 

Undertakings 

Synthetic fibre ropes 

Duties 

Council Reg. 
(EC) No 1292/2007 
30.10.2007 
and extended to 
imports consigned 
from Brazil and from 
Israel by the same 
Regulation 
as last amended by 
Council Reg. 
(EC) No 15/2009 
08.01.2009 
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 

Council Reg. 
(EC) No 1736/2004 
04.10.2004 

L 288 
06.11.2007 
p. 1 

L 6 
10.01.2009 
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 
L 311 
08.10.2004 
p. 1 

EN 

104 

   EN

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Indonesia 

Coumarin (ext.) 

Duties 

PET (polyethylene 
terephthalate)  

Sodium cyclamate 

Stainless steel fasteners and 
parts thereof 

Duties 

Undertakings 

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 
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 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 

105 

   EN

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Tube and pipe fitting, of iron 
or steel 

Duties (ext.) 

Israel 

PET (polyethylene 
terephthalate) film (ext.) 

Duties 

Kazakhstan 

Ferro-silicon 

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 
and  
maintained by 
Council Reg. 
(EC) No 803/2009 
27.08.2009 
Council Reg. 
(EC) No 1292/2007 
30.10.2007 
and extended to 
imports consigned 
from Brazil and from 
Israel by the same 
Regulation 
as last amended by 
Council Reg. 
(EC) No 15/2009 
08.01.2009 
Council Reg. 
(EC) No 172/2008 
25.02.2008 

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 233 
04.09.2009 
p. 1 

L 288 
06.11.2007 
p. 1 

L 6 
10.01.2009 
p. 1 

L 55 
28.02.2008 
p. 6 

EN 

106 

   EN

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Silico-manganese 

Duties 
(suspended 
until 
06.09.2009) 

Korea (Rep. of) 

PET (polyethylene 
terephthalate)  

Duties 

Polyester staple fibres 

Duties 

Refrigerators (side-by-side) 

Duties 

Silicon 

Duties (ext.) 

Tube and pipe fittings, of iron 
or steel 

Duties 

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 
Council Reg. 
(EC) No 2852/2000 
22.12.2000 
as last amended by 
Council Reg. 
(EC) No 428/2005 
17.03.2005 
and 
Council Reg. 
(EC) No 412/2009 
18.05.2009 
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 

L 317 
05.12.2007 
p. 5 

L 59 
27.02.2007 
p. 1 

L 332 
28.12.2000 
p. 17 

L 71 
17.03.2005 
p. 1 

L 125 
21.05.2009 
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 

EN 

107 

   EN

 
 
 
 
 
 
 
 
 
 
 
 
 
 
Laos 

Ring binder mechanisms 
(extension from same imports 
from China) 

Duties 
(4 years) 

Macau (SAR) 

Footwear with uppers of 
leather (ext.) 

Duties 
(15 months) 

F.Y.R.O.M 

Ferro-silicon 

Duties 

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 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 
and maintained by 
Council Impl.Reg. 
(EU) No 1294/2009 
22.12.2009 
Council Reg. 
(EC) No 172/2008 
25.02.2008 

L 359 
04.12.2004 
p. 11 

L 232 
01.07.2004 
p. 1 

L 7 
12.01.2006 
p. 1 
L 275 
06.10.2006 
p. 1 

L 117 
01.05.2008 
p. 1 

L 352 
30.12.2009 
p. 1 
L 55 
28.02.2008 
p. 6 

EN 

108 

   EN

 
 
 
 
 
 
 
 
 
 
Malaysia 

Coumarin (ext.) 

Duties 

Glyphosate 

Duties 
(suspended 
until 
16.02.2010) 

PET (polyethylene 
terephthalate)  

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 1683/2004 
24.09.2004 extended 
to such imports 
consigned from 
Malaysia & Taiwan  
as last amended by 
Council Reg. 
(EC) No 1683/2009 
14.05.2009 
Council Reg. 
(EC) No 192/2007 
22.02.2007 
corrected by 
L 215, 18.08.2007, p. 
27 

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 120 
15.05.2009 
p. 20 

L 59 
27.02.2007 
p. 1 

EN 

109 

   EN

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Tube and pipe fittings, of iron 
or steel 

Duties 

Moldova (Rep. of) 

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 

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 

EN 

110 

   EN

 
 
 
 
 
 
 
 
 
 
 
 
 
 
Morocco 

Steel ropes and cables 

Duties (ext.) 

Philippines 

Tube or pipe fittings, 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 
and  
maintained by 
Council Reg. 
(EC) No 803/2009 
27.08.2009 

L 299 
16.11.2005 
p. 1 

L 326 
12.12.2007 
p. 18 

L 120 
24.04.2004 
p. 1 

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

L 275 
25.08.2004 
p. 1 

L 355 
01.12.2004 
p. 4 

L 355 
01.12.2004 
p. 9 

L 116 
29.04.2006 
p. 1 

L 233 
04.09.2009 
p. 1 

EN 

111 

   EN

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Russia 

Ammonium nitrate  

Duties 

Undertakings 

Ferro-silicon 

Granular polytetrafluoro-
ethylene (PTFE) 

Potassium chloride 

Duties 

Duties 

Duties 

Undertakings 

Seamless pipes and tubes of 
iron or steel 

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 
corrected by 
L 339, 22.12.2009,  
p. 59 
as last amended by 
Council Reg. 
(EC) No 989/2009 
19.10.2009 

Commission 
Decision 
No 2008/577/EC 
04.07.2008 
corrected by 
L 339, 22.12.2009,  
p. 59 
Council Reg. 
(EC) No 172/2008 
25.02.2008 
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 

L 102 
18.04.2002 
p. 1 

L 160 
23.06.2005 
p. 1 

L 185 
12.07.2008 
p. 1 

L 278 
23.10.2009 
p. 1 

L 185 
12.07.2007 
p. 43 

L 55 
28.02.2008 
p. 6 
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 

EN 

112 

   EN

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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 1279/2007 
30.10.2007 
corrected by L 96, 
15.04.2009, p. 39 
Council Reg. 
(EC) No 1911/2006 
19.12.2006 
as last amended by 
Council Reg. 
(EC) No 789/2008 
24.07.2008 
and 
Council Impl. Reg. 
(EU) No 1251/2009 
18.12.2009 

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 285 
31.10.2007 
p. 1 

L 365 
21.12.2006 
p. 26 

L 213 
08.08.2008 
p. 14 

L 338 
19.12.2009 
p. 5 

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.) 

Taiwan 

Glyphosate 

EN 

Duties 
(suspended 
until 

114 

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 
and  
maintained by 
Council Reg. 
(EC) No 803/2009 
27.08.2009 
Council Reg. 
(EC) No 1683/2004 
24.09.2004 extended 

L 299 
16.11.2005 
p. 1 

L 326 
12.12.2007 
p. 18 

L 120 
24.04.2004 
p. 1 

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

L 275 
25.08.2004 
p. 1 

L 355 
01.12.2004 
p. 4 

L 355 
01.12.2004 
p. 9 

L 116 
29.04.2006 
p. 1 

L 233 
04.09.2009 
p. 1 

L 303 
30.09.2004 
p. 1 

   EN

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
16.02.2010) 

Lighters (non-refillable and 
refillable) 

Peroxosulphates 

PET (polyethylene 
terephthalate)  

Duties 

Duties 

Duties 

Stainless steel fasteners and 
parts thereof 

Duties 

to such imports 
consigned from 
Malaysia & Taiwan  
as last amended by 
Council Reg. 
(EC) No 1683/2009 
14.05.2009 
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 

L 120 
15.05.2009 
p. 20 

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 

EN 

115 

   EN

 
 
 
 
 
 
 
Tube and pipe fitting, of iron 
or steel 

Duties 

Council Reg. 
(EC) No 964/2003 
02.06.2003  
as last amended by 
Council Reg. 
(EC) No 1496/2004 
18.08.2004 
and extended as 
concerns China to 
imports consigned 
from Indonesia by 
Council Reg.  
(EC) 2052/2004 
22.11.2004 
and to imports 
consigned from Sri 
Lanka by 
Council Reg. 
(EC) No 2053/2004 
22.11.2004 
and to imports 
consigned from the 
Philippines by 
Council Reg. 
(EC) No 655/2006 
27.04.2006 
and  
maintained by 
Council Reg. 
(EC) No 803/2009 
27.08.2009 

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 233 
04.09.2009 
p. 1 

EN 

116 

   EN

 
 
 
 
 
 
 
 
 
 
 
 
 
 
Thailand 

Coumarin (ext.) 

Duties 

Hand pallet trucks and their 
essential parts (ext.) 

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 1174/2005 
18.07.2005 
as last amended by 
Council Reg.  
(EC) No 684/2008 
17.07.2008 
extended to such 
imports consigned 
from Thailand  
by Council Reg. 
(EC) No 499/2009 
11.06.2009 

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 189 
21.07.2005 
p. 1 

L 192 
19.07.2008 
p. 1 

L 151 
16.06.2009 
p. 1 

EN 

117 

   EN

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Plastic sacks and bags 

Duties 

PET (polyethylene 
terephthalate)  

Duties 

Stainless steel fasteners and 
parts thereof 

Duties 

Sweet corn (prepared or 
preserved, in kernels) 

Duties 

Council Reg. 
(EC) No 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 
and 
Council Regulation 
(EC) No 189/2009 
09.03.2009 
Council Reg. 
(EC) No 192/2007 
22.02.2007 
corrected by 
L 215, 18.08.2007, p. 
27 
Council Reg. 
(EC) No 1890/2005 
14.11.2005 
corrected by L 256, 
02.10.2007, p. 31 
Council Reg. 
(EC) No 682/3007 
18.06.2007 
corrected by 
L 252 of 27.09.2007, 
p. 7 
as last amended by 
Council Reg. 
(EC) No 954/2008 
25.09.2008 
and by 
Council Reg. 
(EC) No 847/2009 
15.09.2009 

L 270 
29.09.2006 
p. 4 

L 76 
19.03.2008 
p. 8 

L 67 
12.03.2009 
p. 5 
L 59 
27.02.2007 
p. 1 

L 302 
19.11.2005 
p. 1 

L 159 
20.06.2007 
p. 14 

L 260 
30.09.2008 
p. 1 

L 246 
18.09.2009 
p. 1 

EN 

118 

   EN

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Tube and pipe fitting, of iron 
or steel 

Duties 

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

Duties 

Ukraine 

Ammonium nitrate 

Duties 
(2 years) 

Undertakings 

Ironing boards 

Seamless pipes and tubes of 
iron or steel 

Duties 

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 
and  
maintained by 
Council Reg. 
(EC) No 803/2009 
27.08.2009 
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 442/2007 
19.04.2007  

Commission 
Decision 
No 2008/577/EC 
04.07.2008 
corrected by 
L 339, 22.12.2009,  
p. 59 
Council Reg. 
(EC) No 452/2007 
23.04.2007 
Council Reg. 
(EC) No 954/2006 
27.06.2006 

L 139 
06.06.2003 
p. 1 

L 275 
25.08.2004 
p. 1 

L 355 
01.12.2004 
p. 4 

L 355 
01.12.2004 
p. 9 

L 116 
29.04.2006 
p. 1 

L 233 
04.09.2009 
p. 1 

L 259 
27.09.2002 
p. 8 

L 343 
19.12.2008   
p. 1 
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 

EN 

119 

   EN

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Steel ropes and cables 

Duties 

Urea and ammonium nitrate 
solutions 

Duties 

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

Duties 

USA 

Biodiesel 

Ethanolamines 

Duties 

Duties 
(2 years) 

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 
Council Reg. 
(EC) No 599/2009 
07.07.2009 
Council Reg. 
(EC) No 1583/2006 
23.10.2006 

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 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 
L 179 
10.07.2009 
p. 26 
L 294 
25.10.2006 
p. 2 

EN 

120 

   EN

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

Duties 

Undertakings 

Peroxosulphates 

Duties 

Trichloroisocyanuric acid 

Duties 

Vietnam 

Bicycles 

Duties 

Footwear with uppers of 
leather 

Duties 
(15 months) 

Ring binder mechanisms 
(extension from same imports 
from China) 

Duties 
(4 years) 

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 
and extended as 
concerns China to 
imports consigned 
from Macau (SAR) by 
Council Reg. 
(EC) No 388/2008 
29.04.2008 
and maintained by 
Council Impl.Reg. 
(EU) No 1294/2009 
22.12.2009 
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 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 117 
01.05.2008 
p. 1 

L 352 
30.12.2009 
p. 1 
L 359 
04.12.2004 
p. 11 

L 232 
01.07.2004 
p. 1 

L 7 
12.01.2006 
p. 1 

EN 

121 

   EN

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Stainless steel fasteners and 
parts thereof 

Duties 

Council Reg. 
(EC) No 1890/2005 
14.11.2005 
corrected by L 256, 
02.10.2007, p. 31 
as last amended by 
Council Reg. 
(EC) No 768/2009 
17.08.2009 

L 302 
19.11.2005 
p. 1 

L 221 
25.08.2009 
p. 1 

EN 

122 

   EN

 
 
 
 
 
 
ANNEX P 

Definitive anti-subsidy measures in force on 31 December 2009 

A. Ranked by product (alphabetical) 

Product 

Origin 

Measure 

Regulation N° 

Publication 

Antibiotics (broad spectrum) 
(AS) 

India 

Biodiesel (AS) 

Graphite electrode systems 
(AS) 

USA 

India 

Duties 

Duties 

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 598/2009 
07.07.2009 
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 179 
10.07.2009 
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 

123 

   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 
as last amended by 
Council Reg. 
(EC) No 15/2009 
08.01.2009 
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 6 
10.01.2009 
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 

EN 

124 

   EN

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
B. Ranked by country (alphabetical) 

Origin 

Product 

Measure 

Regulation N° 

Publication 

Brazil 

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

Duties 

India 

Antibiotics (broad spectrum) 
(AS) 

Duties 

Graphite electrode systems 
(AS) 

Duties 

PET (polyethylene 
terephthalate) (AS) 

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 
as last amended by 
Council Reg. 
(EC) No 15/2009 
08.01.2009 
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 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 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 6 
10.01.2009 
p. 1 
L 121 
13.05.2005 
p. 1 

L 319 
29.11.2008 
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 

125 

   EN

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
PET film (polyethylene 
terephthalate) (AS) 

Duties 

Sulphanilic acid (AS) 

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 
as last amended by 
Council Reg. 
(EC) No 15/2009 
08.01.2009 
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 

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 6 
10.01.2009 
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 

EN 

126 

   EN

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Israel 

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

Duties 

USA 

Biodiesel (AS) 

Duties 

Council Reg. 
(EC) No 367/2006 
27.02.2005 
as last amended by 
Council Reg. 
(EC) No 1124/2007 
28.09.2007 
and extended to 
imports consigned 
from Brazil and from 
Israel by 
Council Reg. 
(EC) No 1976/2004 
15.11.2004 
as last amended by 
Council Reg. 
(EC) No 101/2006 
20.01.2006 
as last amended by 
Council Reg. 
(EC) No 15/2009 
08.01.2009 
Council Reg. 
(EC) No 598/2009 
07.07.2009 

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 6 
10.01.2009 
p. 1 
L 179 
10.07.2009 
p. 1 

EN 

127 

   EN

 
 
 
 
 
 
 
 
ANNEX Q 

Undertakings in force on 31 December 2009 

A. Ranked by product (alphabetical) 

Product 

Origin 

Measure 

Regulation N° 

Publication 

Aluminium foil 

Brazil 

Undertakings 

Ammonium nitrate 

Russia 
Ukraine 

Undertakings 

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) 

PET (polyethylene 
terephthalate) (AS) 

India 
Indonesia 

Undertakings 

India 

Undertakings 

Potassium chloride 

Russia 

Undertakings 

Commission Dec. 
No 2009/736/EC 
05.10.2009 
Commission Dec. 
No 2008/577/EC 
04.07.2008 
corrected by L 339, 
22.12.2009, p. 59 
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 
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 amended by 
Commission Dec. 
No 2006/557/EC 
08.08.2006 

L 262 
06.10.2009   
p. 50 
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 59 
27.02.2007 
p. 34 

L 302 
19.11.2005 
p. 79 

L 218 
09.08.2006 
p. 22 

EN 

128 

   EN

 
 
 
 
Sulphanilic acid (AD + AS) 

India 

Undertakings 

Urea and ammonium nitrate 
solutions 

Algeria 

Undertakings 

Russia 

Undertakings 

Commission Dec. 
No 2006/37/EC 
05.12.2006 
Commission Reg. 
(EC) No 617/2000 
16.03.2000 
Commission Dec. 
No 2008/649/EC 
03.07.2008 

L 22 
26.01.2006 
p. 52 
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 

Urea and ammonium nitrate 
solutions 

Undertakings 

Brazil 

Aluminium foil 

Undertakings 

P.R. China 

Castings 

Undertakings 

Citric acid 

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 2009/736/EC 
05.10.2009 
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 
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 

L 75 
24.03.2000 
p. 3 
L 262 
06.10.2009   
p. 50 
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 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 

EN 

129 

   EN

 
 
 
 
 
 
 
 
 
 
Russia 

Ammonium nitrate 

Undertakings 

Potassium chloride 

Undertakings 

Urea and ammonium nitrate 
solutions 

Undertakings 

Ukraine 

Ammonium nitrate 

Undertakings 

USA 

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

Undertakings 

Commission Dec. 
No 2008/577/EC 
04.07.2008 
corrected by L 339, 
22.12.2009, p. 59 
Commission Dec. 
No 2005/802/EC 
17.10.2005 
as last amended by 
Commission Dec. 
No 2006/557/EC 
08.08.2006 
Commission Dec. 
No 2008/649/EC 
03.07.2008 
Commission Dec. 
No 2008/577/EC 
04.07.2008 
corrected by L 339, 
22.12.2009, p. 59 
Commission Dec. 
No 2005/622/EC 
05.08.2005 
as last amended by 
Commission Dec. 
No 2008/384/EC 
21.05.2008 

L 185 
12.07.2008   
p. 43 

L 302 
19.11.2005 
p. 79 

L 218 
09.08.2006 
p. 22 
L 213 
08.08.20008 
p. 39 
L 185 
12.07.2008   
p. 43 

L 223 
27.08.2005 
p. 42 

L 132 
22.05.2008 
p. 20 

EN 

130 

   EN

 
 
 
 
 
 
ANNEX R 

Anti-dumping & anti-subsidy investigations pending 

on 31 December 2009 

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

Product 

AD/AS 

Origin 

Type 

Publication 

Aluminium road wheels 

AD.541  P.R. China 

Initiation  C 190 

Cargo scanning systems 

AD.539  P.R. China 

Initiation 

13.08.2009, p. 22 
C 63 
18.03.2009, p. 20 

Continuous filament glass fibre products 

AD.549  P.R. China 

Initiation  C 307 

17.12.2009, p. 39 

High tenacity yarn of polyesters 

AD.547  P.R. China 

Initiation  C 213 

Korea (Rep. of) 
Taiwan 

08.09.2009, p. 16 

Ironing boards (Since Hardware) 

AD.548  P.R. China 

Initiation  C 237 

Prov. Duty 

L 332 
17.12.2009, p. 60 

Molybdenum wires 

AD.540  P.R. China 

Initiation 

02.10.2009, p. 5 
C 84 
08.04.2009, p. 5 

Polyethylene terephthalate (PET) 

AD.545 

Polyethylene terephthalate (PET) (AS) 

AS.546 

Iran 
Pakistan 
UAE 
Iran 
Pakistan 
UAE 

Prov. Duty 

L 336 
18.12.2009, p. 16 

Initiation  C 208 

03.09.2009, p. 12 

Initiation  C 208 

03.09.2009, p. 7 

Purified terephthalic acid and its salts 

AD.550  Thailand 

Initiation  C 313 

Purified terephthalic acid and its salts (AS)  AS.551  Thailand 

Initiation  C 313 

Ring binder mechanisms 

AD.538  Thailand 

Initiation  C 322 

17.12.2008, p. 13 

Sodium gluconate 

AD.544  P.R. China 

Initiation  C 188 

22.12.2009, p. 22 

22.12.2009, p. 17 

Stainless steel fasteners 

Stainless steel fasteners (AS) 

AD.542 

AD.542 

India 
Malaysia 
India 
Malaysia 

11.08.2009, p. 24 

Initiation  C 190 

13.08.2009, p. 27 

Initiation  C 190 

13.08.2009, p. 32 

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

Product 

R. No 

Origin 

Type of review 

Publication 

EN 

131 

   EN

 
 
 
 
 
 
 
 
 
Ammonium nitrate 

R.472 

Ukraine 

Expiry review 

Ammonium nitrate 

R.479 

Russia 

Castings 

R.474 

P.R. China 

Ethanolamines 

R.460 

USA 

Partial interim 
review 
Partial interim 
review 
Expiry review 

C 94 
23.04.2009, p. 15 
C 152 
03.07.2009, p. 40 
C 131 
10.06.2009, p. 18 
C 270 
25.10.2008, p. 26 

Furfuryl alcohol 

R.475 

P.R. China 

Newcomer review  L 153 

Glyphosate 

R.487 

P.R. China 

Expiry review 

Graphite electrode systems 

R.485 

India 

Graphite electrode systems (AS)  R.486 

India 

Ironing boards 

Ironing boards 

Ironing boards 

R.465 

P.R. China 

R.470 

Ukraine 

Expiry review 

Expiry review 

Partial interim 
review 
Partial interim 
review 

R.473 

P.R. China 

Newcomer review  L 109 

Okoumé plywood 

R.489 

P.R. China 

Expiry review 

Okoumé plywood 

R.489 

P.R. China 

Polyester staple fibres 

R.476 

Korea (Rep. of) 

Polyester staple fibres 

R.490 

Korea (Rep. of) 

Polyethylene terephthalate (PET)  R.481 

P.R. China 

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

R.483 

India 

R.484 

India 

R.484 

India 

R.491 

India 

R. 463 

P.R. China 

Partial interim 
review 
Partial interim 
review 
Partial interim 
review 
Expiry review 

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

Silicon 

Silicon 

Sodium cyclamate 

Steel ropes and cables 

R.467 

P.R. China 

Expiry review 

R.467 

P.R. China 

R.468 

R.482 

P.R. China 
Indonesia 
P.R. China 

Partial interim 
review 
Expiry review 

Anti-circumvention 
investigation 
Expiry review 

Synthetic fibre ropes 

R.488 

India 

Trichloroisocyanuric acid 

R.478 

P.R. China 

Partial interim 

17.06.2009, p. 6 
C 234 
29.09.2009, p. 9 
C 224 
17.09.2009, p. 20 
C 224 
17.09.2009, p. 24 
C 3 
08.01.2009, p. 14 
C 85 
09.04.2009, p. 28 

30.04.2009, p. 6 
C 270 
11.11.2009, p. 24 
C 270 
11.11.2009, p. 24 
C 142 
23.06.2009, p. 4 
C 248 
25.11.2009, p. 30 
C 194 
18.08.2009, p. 9 
C 215 
09.09.2009, p. 17 
C 215 
09.09.2009, p. 19 
C 215 
09.09.2009, p. 19 
C 291 
01.12.2009, p. 28 
C 310 
05.12.2008, p. 15 
C 51 
04.03.2009, p. 17 
C 51 
04.03.2009, p. 17 
C 56 
10.03.2009, p. 42 
L 208 
12.08.2009, p. 7 
C 240 
07.10.2009, p. 6 
corrected by 
L 266, 07.11.2009, 
p. 20 
C 150 

EN 

132 

   EN

Tube or pipe fittings of iron or 
steel 
Tungsten electrodes 

Tungsten carbide and fused 
tungsten carbide 

R.480 

Malaysia 

R. 464 

P.R. China 

R.493 

P.R. China 

review 
Partial interim 
review 
Partial interim 
review 
Expiry review 

02.07.2009, p. 14 
L 199 
31.07.2009, p. 9 
C 309 
04.12.2008, p. 11 
C 322 
30.12.2009, p. 23 

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

Origin 

Product 

Type 

Publication 

P.R. China 

Aluminium road wheels 

New investigation  C 190 

Cargo scanning systems 

New investigation 

Castings 

Continuous filament glass fibre products 

Furfuryl alcohol 

Glyphosate 

High tenacity yarn of polyesters 

New investigation  C 213 

Ironing boards 

Ironing boards 

Partial interim 
review 

08.09.2009, p. 16 
C 3 
08.01.2009, p. 14 

Newcomer review  L 109 

30.04.2009, p. 6 

Ironing boards (Since Hardware) 

New investigation  C 237 

Molybdenum wires 

New investigation 

13.08.2009, p. 22 
C 63 
18.03.2009, p. 20 

L 332 
17.12.2009, p. 60 
C 131 
10.06.2009, p. 18 
C 307 
17.12.2009, p. 39 

Prov. Duty 

Partial interim 
review 
New investigation 

Newcomer review  L 153 

Expiry review 

17.06.2009, p. 6 
C 234 
29.09.2009, p. 9 

Prov. Duty 

Expiry review 

Partial interim 
review 
Expiry review 

Expiry review 

Expiry review 

Partial interim 
review 
Expiry review 

02.10.2009, p. 5 
C 84 
08.04.2009, p. 5 

L 336 
18.12.2009, p. 16 
C 270 
11.11.2009, p. 24 
C 270 
11.11.2009, p. 24 
C 194 
18.08.2009, p. 9 
C 310 
05.12.2008, p. 15 
C 51 
04.03.2009, p. 17 
C 51 
04.03.2009, p. 17 
C 56 
10.03.2009, p. 42 

New investigation  C 188 

Okoumé plywood 

Okoumé plywood 

Polyethylene terephthalate (PET) 

Ring binder mechanisms 

Silicon 

Silicon 

Sodium cyclamate 

Sodium gluconate 

EN 

133 

   EN

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Steel ropes and cables 

Trichloroisocyanuric acid 

Tungsten electrodes 

India 

Tungsten carbide and fused tungsten 
carbide 
Graphite electrode systems 

Anti-circumvention 
investigation 
Partial interim 
review 
Partial interim 
review 
Expiry review 

Expiry review 

Graphite electrode systems (AS) 

Expiry review 

Polyethylene terephthalate (PET) film 

Polyethylene terephthalate (PET) film 

Polyethylene terephthalate (PET) film (AS) 

Polyethylene terephthalate (PET) film 

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

11.08.2009, p. 24 
L 208 
12.08.2009, p. 7 
C 150 
02.07.2009, p. 14 
C 309 
04.12.2008, p. 11 
C 322 
30.12.2009, p. 23 
C 224 
17.09.2009, p. 20 
C 224 
17.09.2009, p. 24 
C 215 
09.09.2009, p. 17 
C 215 
09.09.2009, p. 19 
C 215 
09.09.2009, p. 19 
C 291 
01.12.2009, p. 28 

Stainless steel fasteners 

New investigation  C 190 

13.08.2009, p. 27 

Stainless steel fasteners (AS) 

New investigation  C 190 

Synthetic fibre ropes 

Expiry review 

Indonesia 

Sodium cyclamate 

Expiry review 

13.08.2009, p. 32 
C 240 
07.10.2009, p. 6 
corrected by 
L 266, 07.11.2009, 
p. 20 
C 56 
10.03.2009, p. 42 

Iran 

Polyethylene terephthalate (PET) 

New investigation  C 208 

03.09.2009, p. 12 

Polyethylene terephthalate (PET) (AS) 

New investigation  C 208 

03.09.2009, p. 7 

Korea (Rep. of) 

High tenacity yarn of polyesters 

New investigation  C 213 

Polyester staple fibres 

Polyester staple fibres 

Partial interim 
review 
Partial interim 
review 

08.09.2009, p. 16 
C 142 
23.06.2009, p. 4 
C 248 
25.11.2009, p. 30 

Malaysia 

Stainless steel fasteners 

New investigation  C 190 

Stainless steel fasteners (AS) 

New investigation  C 190 

13.08.2009, p. 27 

Tube or pipe fittings or iron or steel 

Partial interim 
review 

13.08.2009, p. 32 
L 199 
31.07.2009, p. 9 

Pakistan 

Polyethylene terephthalate (PET) 

New investigation  C 208 

Polyethylene terephthalate (PET) (AS) 

New investigation  C 208 

03.09.2009, p. 12 

Russia 

Taiwan 

EN 

Ammonium nitrate 

Partial interim 
review 

03.09.2009, p. 7 
C 152 
03.07.2009, p. 40 

High tenacity yarn of polyesters 

New investigation  C 213 

08.09.2009, p. 16 

134 

   EN

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Thailand 

Ring binder mechanisms 

New investigation  C 322 

Purified terephthalic acid and its salts 

Purified terephthalic acid and its salts (AS) 

Ukraine 

Ammonium nitrate 

Ironing boards 

New investigation 

New investigation 

Expiry review 

Partial interim 
review 

17.12.2008, p. 13 
C 313 
22.12.2009, p. 17 
C 313 
22.12.2009, p. 22 
C 94 
23.04.2009, p. 15 
C 85 
09.04.2009, p. 28 

UAE 

Polyethylene terephthalate (PET) 

New investigation  C 208 

Polyethylene terephthalate (PET) (AS) 

New investigation  C 208 

03.09.2009, p. 12 

USA 

Ethanolamines 

Expiry review 

03.09.2009, p. 7 
C 270 
25.10.2008, p. 26 

EN 

135 

   EN

 
 
 
 
ANNEX S 

Court cases  

A. 

Court  cases  pending  before  the  Court  of  Justice  and  the  General  Court  (formely 
Court of First Instance of the European Communities) on 31 December 2009 

Court of Justice 

Case C-373/08 

Hoesch Metals and Alloys GmbH 

Case C-419/08 P 

Case C-191/09 P 

Case C-200/09 P 

Case C-337/09 P 

Trubowest Handel and Makarov (v. Council and Commission) 
(appeal against judgement in case T-429/04) 

Council  (v.  Interpipe  Niko.  Tube  &  Interpipe  NTRP)  (appeal 
against judgement in case T-249/06)  

Commission  (v.  Interpipe  Niko.  Tube  &  Interpipe  NTRP) 
(appeal against judgement in case T-249/06)  

Council  (v.  Zheijiang  Chemical)  (appeal  against  judgement  in 
case T-498/04)  

Case C-371/09 

Isaac International (Reference for a preliminary ruling)  

Case C-382/09 

Stils Met (Reference for a preliminary ruling)  

Case C-511/09 P 

Dongguan  Nanzha  Leco  Stationery  Mfg.  (v.  Council)  (appeal 
against judgement in case T-296/06)  

C-498/09 P 

Thomson  Sales  Europe  (v.  Commission)  (appeal  against 
judgement in case T-225/07) 

Case T-199/04 

Case T-113/06 

Case T-115/06 

Case T-119/06 

Case T-314/06 

Case T-401/06 

Case T-407/06 

Case T-408/06 

Case T-409/06 

General Court 

Gul Ahmed Textile Mills Ltd. v. Council 

Fjord Seafood Norway AS et al v. Council 

Fiskeri og Havbruksnaeringens et al v. Council 

Usha Martin Ltd. v. Council and Commission 

Whirlpool v. Commission 

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 

EN 

136 

   EN 

 
 
 
Case T-410/06 

Case T-84/07 

Case T-167/07 

Case T-274/07 

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

Eurochem v. Council 

Far Eastern Textile Ltd. v. Council 

Zhejiang Harmonic Hardware Products v. Council 

Case T-469/07  

Philips Lighting Poland SA and Philips Lighting BV v Council 

Case T-459/07 

Case T-107/08 

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 

Case T-122/09 

Case T-150/09 

Case T-162/09 

Case T-170/09 

Case T-172/09 

Case T-191/09 

Case T-210/09 

Case T-423/09 

Case T-512/09 

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 

Zhejiang Xinshiji Foods and Hubei Xinshiji Foods v. Council  

Ningbo Yonghong Fasteners v. Council 

Würth and Fasteners (Shenyang) v. Council  

Shanghai  Biaowu  High-Tensile  Fastener  and  Shanghai  Prime 
Machinery v. Council  

Gem-Year and Jinn-Well Auto-Parts (Zhejiang) v. Council  

HIT Trading and Berkman Forwarding v. Commission  

Fermenti Seleco SpA v. Commission 

Dashiqiao Sanqiang Refractory Materials v. Council  

Rusal Armenal v. Council 

EN 

137 

   EN 

B. 

Judgments,  orders  and  other  decisions  rendered  by  the  Court  of  Justice  and  the 
General Court (formely Court of First Instance of the European Communities) during 
the period 1 January – 31 December 2009. 

Case C-158/08 

Agenzia Dogane Ufficio delle Dogane Trieste (Trieste Customs

Court of Justice 

Case C-56/08 

Case C-535/06 P 

Authority) 

Pärlitigu OÜ 

Moser Baer 

Case C-141/08 P 

Foshan Shunde Yongjian Housewares & Hardware v. Council 

Case C-260/08 

HEKO Industrieerzeugnisse GmbH 

General Court 

Case T-299/05 

Case T-249/06 

Case T-498/04 

Shanghai Excel & Shanghai Adeptech v. Council 

Interpipe Niko. Tube & Interpipe NTRP v. Council 

Zheijiang Chemical v. Council 

Case T-348/05 INTP 

JSC Kirovo-Chepetsky v. Council 

Case T-296/06 

Case T-225/07 

Case T-143/06 

Case T-1/07 

Dongguan Nanzha Leco Stationery Mfg. v. Council 

Thomson Sales Europe v. Commission 

MTZ Polyfilms Ltd. v. Council 

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

EN 

138 

   EN 

 
 
 
ANNEX T 

Safeguard and surveillance measures in force on 31 December 2009 

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 

139 

   EN