COMMISSION STAFF WORKING PAPER ANNEX I – TRENDS AND MAIN CASES BY COUNTRY
Date: 2011-07-04
Institutions: European Commission
Subjects: case study, export (EU), export policy, export restriction, extra-EU trade, foreign trade, third country, trade cooperation, trade dispute

EUROPEAN COMMISSION 

Brussels, 4.7.2011 
SEC(2011) 856 final 

COMMISSION STAFF WORKING PAPER 

ANNEX I – TRENDS AND MAIN CASES BY COUNTRY 

{COM(2011) 399 final} 

EN 

   EN 

 
 
 
 
  
 
ANNEX I – TRENDS AND MAIN CASES BY COUNTRY 

1. 

UNTITED STATES 

1.1. 

Overall trends 

With  24  measures  at  the  end  of  2010,  the  US  remains  the  country  with  the  highest 
number of trade defence measures in force against the EU. It should however be noted 
that the number of measures decreased as compared to 2009, no new investigations were 
initiated and no new measures imposed in 2010. The measures currently in force are 21 
anti-dumping and 3 countervailing measures.  

With regard to the WTO 'zeroing' disputes, as reported last year, the EU was successful 
in  both  its  disputes  against  the  US(WT/DS294  and  WT/DS350).  However,  the  US  has 
still  not  implemented  these  WTO  rulings  despite  the  fact  that  the  deadline  by  which  it 
should have brought itself into compliance already expired.  

1.2.  Main cases 

a) Zeroing: US measures still in breach with WTO rules 

Zeroing  remains  the  most  important  issue  with  the  US.  It  is  recalled  that  zeroing  is  a 
practice  whereby  non-dumped  transactions  are  disregarded  in  the  calculation  of  the 
dumping  margin,  often  resulting  in  artificially  inflated  duties.  The  EU  challenged  this 
practice in two WTO dispute settlement cases DS 294 and DS 350. Although, the WTO 
rulings were in favour of the EU in both cases, the US has not complied yet with the said 
rulings. 

In  the  first  Zeroing  case  (DS  294),  the  EU  initiated  so-called  compliance  proceedings 
against the US in 2007 in response to what it was considered as lacking compliance on 
the  side  of  the  US.  The  compliance  panel  and  Appellate  Body  confirmed  that  the  US 
failed to comply with the original ruling and found that the US cannot escape its WTO 
obligations  by  conducting  annual  reviews  of  a  duty  with  zeroing  and  then  arguing  that 
such  reviews  have  "superseded"  the  challenged  measure  and  can  only  be  subject  to 
challenge in a new WTO dispute.  

Despite  its  WTO  obligation  to  comply  immediately,  the  US  did  not  take  any  action  to 
bring itself into compliance with the findings of the WTO within the deadline provided 
by  the  Appellate  Body.  As  a  consequence,  the  EU  (followed  by  Japan,  which  had  also 
successfully  brought  a  dispute  against  the  US  on  zeroing)  requested  the  WTO 
authorization  to  retaliate  against  the  US.  As  the  US  objected  the  requested  level  of 
retaliation,  the  matter  was  referred  to  binding  WTO  arbitration.  In  September  the  EU 
agreed  to  suspend  the  arbitration  process,  expecting  the  US  to  deliver  on  its 
implementation  obligations  regarding  the  zeroing  practice  in  reviews  as  well  as  the 
refunds of excess duties collected since the end of the implementation period of the WTO 
cases.  

In the second Zeroing case (DS350), the Appellate Body confirmed the main EU claims 
on appeal, rejected all grounds of appeal put forward by the US and upheld the Panel's 

EN 

2 

   EN 

 
findings  that  the  US  was  in  breach  of  its  WTO  obligations  by  applying  zeroing  in 
periodic  reviews.  Implementation  in  this  case  involves  recalculating  the  dumping 
margins in the 46 individual measures identified by the EU, without using zeroing. The 
reasonable  period  of  time  for  compliance  agreed  with  the  US  expired  on  19  December 
2009.  

The  EU  requested  authorisation  of  sanctions  from  the  WTO  in  case  DS294  and  an 
arbitration award on the amount was due on 8 September 2010. However, the EU agreed 
to delay the issuance of the report by up to one year in order to give the US more time to 
comply. On 28 December 2010, the US published a proposal in the Federal Register for a 
new methodology to remove zeroing in reviews and invited interested parties to comment 
on  the  proposal.  Public  comments  concerning  the  proposal  were  submitted  by  the  US 
Congress as well as foreign governments and government institutions, by representatives 
of  numerous  industries  and  trade  unions.  The  EU  made  formal  interventions  on  this 
matter at the regular meetings of the WTO Dispute Settlement Body and also raised this 
issue in the context of several bilateral meetings with US representatives.  

The  EU  welcomes  the  efforts  the  US  made  towards  compliance  with  the  WTO 
recommendations  and  rulings  in  the  zeroing  disputes.  However,  the  proposed 
methodology does not specify the timeline for the changes and retains the possibility for 
the US to use different approach in reviews besides the one mentioned in the proposal. 
Criteria  to  alternate  from  the  new  methodology  are  unclear.  The  proposal  also  fails  to 
deal  with  the  issue  of  excess  duties.  The  EU  has  been  emphasizing  in  all fora  that  the 
only acceptable solution concerning the issue of zeroing is full compliance with the WTO 
rulings in this regard.  

b) Calculation error: Stainless steel sheet and strip in coils originating in Italy  

An  obvious  mathematical  error  was  made  by  the  US  when  calculating  the  dumping 
margin  for  the  company  ThyssenKrupp  in  the  case  of  stainless  steel  sheet  and  strip  in 
coils  originating  in  Italy  (measures  in  force  since  1999).  Following  the  removal  of 
zeroing  from  the  calculation  by  the  US  in  2007,  i,  there  would  be  no  dumping  in  the 
absence  of  the  error  and  the  measure  would  be  revoked.  With  the  error,  the  dumping 
margin  remains  at  2.11%.  The  issue  was  raised  in  the  framework  of  the  compliance 
proceeding in our first Zeroing dispute (WT/DS294) in the WTO.  

Rather  than  pursuing  a  full-blown  dispute  settlement  process  for  what  is  a  simple 
arithmetical  error  (an  inverted  fraction),  the  EU  initially  attempted  to  deal  with  this 
matter bilaterally.  

However,  once  the  USDOC  concluded1,  in  the  framework  of  a  sunset  review,  that 
dumping (at a rate of 2.11%) would continue, the EU was obliged to bring the matter to 
the WTO and request consultations. These were held in May 2011. The USITC is due to 
make its findings on injury in July 2011 and the next steps will have to be considered.  

1 

Preliminary findings 20 December 2010 ; final findings 22 April 2011.  

EN 

3 

   EN 

 
                                                 
c) 
Proposed modification  to  the regulation concerning (i) the revocation of anti-
dumping and countervailing duty orders and (ii) sampling – Trade Law Enforcement 
Package 

As  part  of  Obama's  National  Export  Initiative  announced  last  year,  several  actions  are 
proposed  to  ensure  better  enforcement  of  the  trade  law  in  force  in  the  US  (Trade  Law 
Enforcement  Package).  Many  of  them  are  targeting  mainly  non-market  economies, 
however, those concerning the revocation of anti-dumping and countervailing duty orders 
and sampling would have a significant effect on EU exporters.  

Indeed, one of the recent actions proposed by the US is to repeal the provision that allows 
revoking  anti-dumping  or  countervailing  orders  for  exporters,  which  obtain  three 
successive zero dumping margins or five successive zero subsidy margins. In the recent 
years, several European exporters have managed to be excluded from such orders thanks 
to this provision. It must be noted, however, that this current practice is a "WTO-plus" 
that goes beyond WTO rules. The US published the new proposal in the Federal Register 
and  invited  interested  parties  to  comment.  The  deadline  for  comments  expired  on  20 
April. The Commission will follow up the developments of this proposed change.  

Concerning sampling, the US practice applied so far was very similar to the practice of 
the  EU,  i.e.  involving  the  biggest  companies  in  the  sample.  According  to  the  proposed 
changes,  the  selection  of  the  sample  would  be  more  random,  giving  the  possibility  for 
small exporters to be part of it and make it more representative. It must be noted that this 
change  would  increase  uncertainty  as  regards  the  average  dumping  or  subsidy  margins 
based on the records of the sampled companies. The Department of Commerce did not 
communicate  yet  either  the  exact  changes  to  the  regulation  or  the  date  when  these 
changes would enter into force. 

d) 

Stainless steel plate in coils from Belgium: anti-subsidy sunset review 

The  US  Department  of  Commerce  imposed  countervailing  duties  against  imports  of 
Stainless  steel  plate  in  coils  from  Belgium  in  1999  based  on  subsidies  that  occurred 
during the 1980's and the early 1990's. Duties were imposed despite the fact that at the 
time  of  the  investigation  the  old  subsidy  programs  had  already  been  terminated. 
However, the nature of the programs made it difficult to document such termination and 
that the there was no likelihood that subsidies would be provided the framework of these 
programs in the future.  

Several of these subsidy programs were terminated by virtue of legislation taken on EU 
level  and  directly  applicable  in  all  Member  States.  However,  over  the  several 
administrative  reviews  conducted  in  the  past,  the  Department  of  Commerce  was  never 
convinced  by  this  argument  as  it  expected  Member  States  to  provide  evidence  of  the 
implementation of these rules. The Commission emphasized in its questionnaire replies 
that this type of rules is directly applicable and do not require Member States to introduce 
specific  changes  to  their  national  legislation.  The  above  argument  was  reiterated  in  the 
framework of the second sunset review initiated in June 2010.  

In the preliminary findings the Department of Commerce concluded that the "revocation 
of the CVD order will lead to continuation or recurrence of a countervailing subsidy. The 
net countervailing subsidy likely to prevail if the order were revoked is zero percent". In 

EN 

4 

   EN 

 
view of these findings, the EU and Belgian authorities took coordinated action, pointing 
out in several fora that a measure cannot be prolonged in a case where no subsidies were 
found for a decade. In the final findings of the case on 28 April 2011, the USDOC finally 
saw sense and revoked the measure.. 

Small  diameter  graphite  electrodes 
e) 
investigation concerning a UK company (UKCG) 

from  China:  anti-circumvention 

In 2008, US introduced anti-dumping duties against imports of small diameter graphite 
electrodes  from  China.  In  the  request  to  initiate  the  first  administrative  review,  the 
petitioners included not only companies exporting from China but also a producer of the 
product  concerned  located  in  the  UK  (UKCG).  The  Department  of  Commerce  turned 
down this attempt to widen the scope of the measure.  

Thus, the petitioners lodged a request for an anti-circumvention investigation, limited to 
UKCG, claiming that the company is circumventing the measures in force against China 
by  finishing  the  Chinese  products  in  UK  and  shipping  them  –  with  UK  origin  –  to  the 
US. The  submissions of the EU company concerned rebutting these allegations did not 
convince  the  Department  of  Commerce,  which  decided  to  open  the  anti-circumvention 
investigation  on  18  March  2011.  The  proceeding  should  be  concluded  in  no  more  than 
300 days. The Commission is in contact with the EU company concerned and is closely 
following up the developments in this case.  

2. 

CHINA 

2.1. 

Overall trends 

The sharp increase in the use of trade defence measures by China, which started in 2008, 
has  continued.  The  year  2010  was  even  more  intense  than  2009.  China  initiated  three 
new anti-dumping investigations against the EU in 2010, as compared to two in 2009. In 
addition, China started its first countervailing investigation ever against the EU, bringing 
the total number of new trade defence investigations in 2010 to four, which represents a 
50% increase over 2009. Two sunset reviews and one interim review were also initiated 
in 2010.  

The  total  number  of  Chinese  anti-dumping  measures  in  place  at  31  December  2010 
against  the  EU  was  14,  as  compared  to  13  one  year  earlier.  In  terms  of  number  of 
measures in force, China is now the second most important user against the EU, after the 
US.  This  results  from  the  imposition  two  definitive  measures,  one  provisional  measure 
and the prolongation of two existing measures in 2010, while one measure has lapsed. 

It  should  also  be  noted  that  in  the  first  trimester  of  2011  China  imposed  an  additional 
definitive measure and two additional provisional measures against imports from the EU.  

2.2.  Main cases 

China  initiated  three  new  anti-dumping  investigations  in  2010,  one  in  the  chemical 
sector, one in the high-technology equipment sector, and one in the paper sector.  

EN 

5 

   EN 

 
a) Caprolactam: the whole chemical family of product is under measures 

The  investigation  in  the  chemical  sector  concerns  caprolactam,  a  product  that  is  in  the 
same  production  chain  as  the  other  chemical  products  for  which  anti-dumping  duties 
have  been  imposed  in  2008  and  2009.  Further  to  the  imposition  of  provisional  anti-
dumping duties ranging from 4.3% to a residual duty of 25.5% in early January 2011, the 
whole  chain  of  this  chemical  family  of  products  is  now  subject  to  anti-dumping  duties 
from China.  

b) Optical fibres: a 'threat of injury' case 

The  second  new  investigation  concerns  optical  fibres  from  the  EU  (and  the  US).  The 
peculiarity of this investigation is the absence of serious injury for the Chinese domestic 
industry,  and  therefore  a  claim  of  'threat  of  injury'  justifying  its  initiation.  From  a 
preliminary  analysis  on  the  existence  of  this  threat,  there  are  serious  doubts  that  the 
applicable WTO standards have been met in this investigation.  The Chinese authorities 
have  nevertheless  imposed  provisional  measures  ranging  from  17.7%  to  a  29.1% 
(residual duty) in February 2011. The Commission will continue to monitor closely this 
proceeding to see whether the strict WTO threshold on threat of injury is indeed met in 
this case. 

c) Potato starch: first anti-subsidy proceeding against the EU 

In 2009, China has initiated for the first time a countervailing proceeding against potato 
starch imported from the EU. This product is already subject to anti-dumping duties of 
17-35%, and interestingly enough a few months before the initiation of the countervailing 
investigation  an  interim  review  has  been  initiated  based  on  a  request  of  the  Chinese 
industry  with  a  view  to  increasing  the  dumping  margin.  The  Chinese  authorities  are 
examining  subsidy  programmes  at  EU  level  and  specific  programmes  in  three  Member 
States  (France,  Netherlands,  and  Germany).  The  EU  and  the  Member  States  concerned 
already responded to the questionnaires and completion of the procedure is expected in 
the second half of 2011. 

d) Fasteners: a mirror investigation 

The  Chinese  authorities  have  imposed  definitive  anti-dumping  duties  on  imports  of 
certain fasteners from the EU ranging between 6.1% and 26% (residual duty). This case 
was  initiated  by  China  subsequent  to  the  EU  own  case  against  fasteners  imported  by 
China.  The  imposition  of  definitive  measures  is  not  convincing  given  the  weak  injury 
pictures (almost all of the injury indicators are positive or have positive trends) and the 
inconclusive analysis on price undercutting and price suppression.  

d) X-ray scanners: another mirror investigation 

The  other  noteworthy  case  where  definitive  measures  have  been  imposed  in  January 
2011 concerns imports of x-ray  scanners from the EU. Just like the fasteners case, this 
case  concerns  a  product  similar  to  a  product  subject  to  an  EU  defensive  anti-dumping 
investigation (cargo scanners) and exactly the same companies involved in the EU case. 
The final anti-dumping duty imposed is quite substantial, ranging from 33.5% to 71.8%, 
essentially leading to closure of the Chinese market for EU exporters. The Commission 

EN 

6 

   EN 

 
has a number of doubts about the legal soundness of this case, in particular concerning 
certain dumping-related issues but especially injury-related aspects, since the situation of 
the  domestic  industry  hardly  presented  any  worsening  during  the  investigation  period. 
The  Commission  will  carry  out  a  more  in-depth  analysis  of  the  findings  in  this  case  to 
asses their compatibility with WTO rules. 

3. 

INDIA 

3.1. 

Overall trends  

In 2010, India moved from the second to the third position in the list of countries having 
measures in force against the EU, right after China. The number of measures in force has 
indeed decreased (from 15 in 2009 to 13 in 2010) as well as the number of new measures 
imposed (just one anti-dumping duty). However, India has been the most active country 
in  2010  in  terms  of  initiation  of  new  investigations  (8,  of  which  one  safeguard). 
Therefore, an increase in the number of new measures is expected in 2011. The sectors 
mainly  concerned  by  Indian  trade  defence  actions  are  chemicals  (rubber  chemicals, 
melamine, soda-ash, aniline, morpholine) and steel. 

In 2010, one expiry review against Germany has been concluded without measures (Mica 
pearl  pigment)  and  three  new  ones  have  been  initiated:  one  limited  to  the  product 
definition  (Cold  Rolled  Flat  Products  of  Stainless  Steel,  see  below)  and  two  with  the 
view  to  extending  measures  against  Certain  Rubber  Chemicals  from  the  EU,  including 
PX-13, and Pentaerythritol from Sweden. It is worth mentioning that the Indian industry 
is looking for more protection in respect to the two lastly mentioned products: on the one 
hand, also the new safeguard investigation initiated in 2011 concerns PX-13 (see below) 
and, on the other hand, a new investigation against Pentaerythritol this time from the EU 
and excluding Sweden has been initiated in January 2011.  

3.2.  Main cases  

a) New safeguard investigation against PX-13 

India initiated a new safeguard investigation against imports of N1, 3-dimethyl butyl-N 
Phenylenediamine  (PX-13).  The  Commission  is  following  closely  this  investigation 
which  presents  some  major  weaknesses  at  initiation  stage,  such  as  the  absence  of  clear 
evidence of serious injury (or any threat thereof), an unusually long investigating period 
(10  years)  and  an  unconvincing  causal  link  analysis  between  imports  and  injury.  This 
investigation deserves special attention also because since 2005 and 2008 anti-dumping 
duties are in force against imports of PX-13 from several countries, including the EU (see 
above, sunset review of duty against certain rubber chemicals).  

b) Cold Rolled Flat Products of Stainless Steel: first review limited to the product scope 

In June 2010, for the first time, India initiated an investigation limited to the scope of the 
anti-dumping  duty  in  force  against  imports  of  Cold  Rolled  Flat  Products  of  Stainless 
Steel  from  the  EU  aiming  at  enlarging  the  product  scope.  However,  the  grounds  of 
review  refer  to  circumventing  practices  based  on  fraudulent  customs  declarations. 
Therefore, the question seems to attain more to the implementation of the duties already 

EN 

7 

   EN 

 
in force rather than to the product scope. The Commission will monitor the compatibility 
of this investigation with WTO rules. 

4. 

TURKEY 

4.1. 

Overall trends  

In  2010,  Turkey  did  not  launch  new  trade  defence  investigations  against  EU  exports. 
However, out of the five safeguard reviews opened in 2009, four were concluded in 2010 
with  the  extension  of  the  measures  in  force,  as  mentioned  below.  Turkey  also  imposed 
one  new  anti-dumping  duty  on  Mono-ethylene-glycol.  Consequently,  with  twelve 
measures  in  force,  Turkey  remains  a  very  active  user  of  trade  defence  instruments  and 
safeguards in particular (10).  

4.2.  Main cases 

Turkey finally decided to extend for three years the four safeguard measures concerning 
imports  of  footwear,  steam  irons,  motorcycles  and  vacuum  cleaners,  which  were 
supposed  to  expire  in  August  2009.  The  Commission  has  very  strongly  opposed  the 
extension  of  these  measures  due  to  flaws  and  insufficient  legal  justification.  The 
Commission has raised its concerns in various occasions at technical and political level. 
Although  the  impact  of  these  measures  is  not  very  important  for  the  EU  (and  the  EU 
exports seem not to have been significantly affected by the existence of these measures) 
it  was  highlighted  to  Turkey  that  the  need  to  maintain  safeguard  measures  in  force  for 
such a long time is difficult to justify. 

5. 

LATIN AMERICA 

5.1. 

Overall trends 

In  Latin  America  the  level  of  trade  defence activity  remained  largely  stable  in  2010  as 
compared to 2009. Even though there are still cases presenting significant weaknesses, in 
particular  regarding  the  injury  and  causal  link  analyses,  it  seems  that  a  slight 
improvement of the quality of cases could be observed in 2010.  

5.2.  Main cases  

a) Argentina 

Argentina  initiated  one  anti-dumping  investigation  in  December  2010,  concerning 
imports of certain paper and paper board against Austria and Finland. The main issues 
in  this  investigation  are  that  the  complainant is  not  suffering  injury  and  that  the  causal 
link  was  not  established.  Furthermore,  EU  imports  should  be  de-cumulated  from  other 
imports  in  the  injury  analysis.  Given  the  relatively  high  EU  economic  interest  in  this 
case,  the  Commission  made  a  submission  raising  these  issues  in  the  framework  of  the 
proceeding and continues monitoring it closely.  

EN 

8 

   EN 

 
b) Brazil 

Brazil  initiated  four  anti-dumping  investigations  in  2010  regarding  imports  of  nitril 
rubber,  flat  rolled  steel,  glazed  paper  and  light  weight  coated  paper.  These 
investigations  are  of  varying  economic  interest.  The  Commission  made  submissions  as 
appropriate, but no major problems and/or WTO inconsistencies have been detected. 

c) Chile  

Chile has initiated one anti-dumping investigation in March 2010 concerning imports of 
melamine boards from Austria. The industry co-operated and the Commission made a 
submission regarding issues such as lack of evidence regarding dumping, and no causal 
link  between  injury  and  imports  from  Austria.  Following  a  hearing  in  January  2011, 
where  the  industry  and  the  Commission  participated,  the  investigation  was  terminated 
without measures in February 2011.  

d) Mexico 

The  expiry  review  concerning  the  countervailing  measures  against  imports  of  bovine 
meet was initiated in June 2009 and terminated in December 2010. The Commission had 
provided  ample  information  and  evidence  which  allowed  Mexico  to  conclude  that, 
following the reform of the EU Common Agricultural Policy, the EU had become a net 
importer  of  beef,  and  thus  there  was  no  evidence  that  injury  would  recur  if  measures 
were allowed to lapse.  

Mexico  initiated  one  ex  officio  expiry  review  regarding  imports  of  carbon  steel  plate 
from Romania in September 2010. The Commission made a submission pointing to the 
exceptional  character  of  ex  officio  initiations  in  expiry  reviews.  The  review  is  still 
ongoing. 

Mexico  imposed  definitive  anti-dumping  measures  on  imports  of  carbon  steel  tubes 
from the UK in January 2010 despite the efforts of the industry and the Commission. The 
investigation  was  initiated  in  July  2008.  The  main  problems  were  the  choice  of  the 
investigation period and the causal link analysis in relation to tendering. 

e) Peru 

Peru  has  imposed  definitive  countervailing  measures  against  imports  of  olive  oil  from 
Spain and Italy in December 2010, despite the combined efforts of the Commission and 
the authorities of Spain and Italy and despite the significant weaknesses of the case. The 
Commission  and  the  EU  Member  States  have  intervened  throughout  the  proceeding 
providing  information  and  evidence  as  requested  by  the  Peruvian  investigating 
authorities  and intervened also at political level, however to no avail. The Commission 
and the EU Member States have now started an administrative procedure in accordance 
with Peruvian domestic law, in order to try to obtain the annulment of the measures.  

6. 

AUSTRALIA 

Australia's  trade  defence  actions  against  EU  exports  have  been  very  limited  over  the 
recent years. No new anti-dumping investigation was opened in 2010 and there are only 

EN 

9 

   EN 

 
four anti-dumping measures in force. With regard to the anti-dumping measures imposed 
on geosynthetic clayliners in 2009, the German exporter asked for a judicial review of 
the proceeding with the Commission's support claiming that the injury analysis was not 
objective.  However,  the  re-investigation  report  issued  in  October  2010  confirmed  the 
measures. Weighing his interests on the Australian market, the German exporter decided 
not to pursue the matter any further. 

7. 

PAKISTAN 

The Pakistani trade defence activity in 2010 remained stable with three measures in force 
like in 2009 and no new investigations. Only one anti-dumping provisional duty has been 
imposed  in  September  2010  against  imports  of  hydrogen  peroxide  from  inter  alia 
Belgium. This investigation was initiated on 31 August 2009 and was based on material 
retardation  of  the  establishment  of  the  domestic  industry.  The  dumping  margin 
established for the EU companies was far less significant than the one found for the non-
EU countries. The Commission has intervened in this case and highlighted certain legal 
inconsistencies  such  as  unlawful  imposition  of  provisional  measures,  no  retardation  in 
the establishment of the domestic industry (imports decreased and the import price was 
higher than the domestic price), no causal link.  

8. 

RUSSIA, KAZAKHSTAN, BELARUS  

8.1. 

Overall trends 

Russia,  Kazakhstan  and  Belarus  form  a  Customs  Union  (CU)  since  1  January  2010.  In 
this  context,  they  started  to  harmonise  gradually  their  trade  defence  actions  as  from  1 
July 2010, when an Agreement on the application of trade defence instruments in the CU 
entered into force. However, this Agreement will be fully applicable only after the expiry 
of the transitional arrangements and when the supranational body in charge of conducting 
the investigations on behalf of the CU will be operational. The transitional arrangements 
have been formalised in the Agreement on the application of trade defence instruments in 
the transitional period, which entered into force on 19 November 2010.  

Following the adoption of the latter agreement, Russia has opened a series of expedited 
reviews  of  the  existing  national  measures  with  the  aim  to  determine  whether  to  extend 
those  measures  to  the  entire  CU  territory,  to  abolish  them,  or  to  limit  them  only  to  the 
Russian  territory.  The  EU  is  concerned  by  the  two  reviews  of  safeguard  measures  on 
stainless  steel  pipes  and  stainless  flatware.  Belarus  did  not  open  any  review  for  the 
existing safeguard measure on fibreglass.  

The  investigations  concluded  before  the  date  of  entry  into  force  of  the  Transitional 
Agreement,  i.e.  before  19  November  2010,  will  also  be  subject  to  expedited  reviews, 
provided  that  definitive  measure  were  proposed  (Russia:  safeguard  on  caramel, 
engineering  hardware  and  activated  carbon;  Kazakhstan:  safeguard  on  confectionary). 
The investigations on going on this date will continue only if the original complainants 
represent  at  least  25%  of  the  CU-wide  production,  otherwise  they  will  be  terminated 
(Kazakhstan:  safeguard  on  accumulators).  After  19  November  2010,  any  new  TDI 

EN 

10 

   EN 

 
investigation  can  be  initiated  only  on  the  basis  of  the  situation  of  the  industry  of  the 
entire CU. 

A  declining  trend  was  observed  in  all  three  countries  as  regards  the  initiation  of  new 
investigations.  In  2010,  both  Russia  and  Kazakhstan  opened  only  one  safeguard 
investigation  each  (Russia:  caramel;  Kazakhstan:  accumulators)  and  Belarus  none.  The 
number  of  measures  in  force  has  decreased  in  Russia  following  the  expiry  of  two 
safeguards measures on large-diameter steel pipes and anti-dumping duty on  flat  rolled 
stainless  steel  have  expired.  One  Belarusian  measure  remains  in  force  (safeguard  on 
fibreglass)  and  the  first  provisional  safeguard  measure  was  imposed  by  Kazakhstan  on 
confectionary.  

8.2.  Main cases  

a) Russia 

A  safeguard  investigation  against  imports  of  engineering  hardware  was  concluded  in 
May 2010. The initially proposed definitive measure in the form of an ad-valorem duty (a 
percentage  of  the  export  price)  was  refused  by  the  Russian  Government.  The  revised 
proposal adopted thereafter, a specific duty per tonne of exports, has a lower impact on 
the  EU  exports.  The  Commission  has  actively  participated  in  this  proceeding  in 
coordination  with  the  EU  industry  concerned.  The  measure  adopted  by  Russia  is  now 
subject to the CU-expedited review.  

Safeguard  measures  have  been  imposed  against  imports  of  activated  carbon  and 
caramel  in  November  2010.  The  Commission  intervened  in  the  framework  of  both 
investigations  and  highlighted  that  a  country-specific  trade  defence  instrument  should 
have been used in both cases. The Commission has also strongly opposed the form and 
level of the proposed measures by Russia and requested to consider alternative forms of 
measures with a reduced negative impact on the non-injurious EU exports. Should Russia 
adopt any measure, they will be subject to the CU-expedited review. 

An  anti-dumping  duty  was  imposed  by  Russia  on  a  range  of  stainless  steel  pipes  in 
November 2009 for a period of three years. In December 2010, the level of the duty was 
reduced  but  due  to  the  addition  of  a  minimum  threshold  and  given  the  large  scale  of 
products covered, in reality its impact did not decrease. Both this measure and the duty 
against  imports  of  flatware  are  subject  to  the  CU  expedited  reviews.  The  Commission 
opposed this demarche due to the flaws in both cases and insisted that they should not be 
continued  nor  extended  to  the  entire  territory  of  the  CU.  The  Commission  held 
consultations on this matter with the national authorities of all three Members of the CU 
as well as with the representatives of the CU Commission. A decision is expected around 
May 2011. 

d) Kazakhstan  

Given the lack of transparency and of official notifications from Kazakhstan to the EU, 
despite  the  insistence  of  the  Commission,  the  findings  of  the  safeguard  investigation 
against imports of confectionary as well as the form and level of the proposed definitive 
measure  remain  unknown.  The  measure,  if  indeed  adopted  by  Kazakhstan,  shall  be 
subject to the CU expedited review.  

EN 

11 

   EN 

 
A  safeguard  investigation  against  imports  of  accumulators  was  initiated  in  July  2010. 
Lack  of  transparency  remains  a  big  concern  in  the  proceedings  conducted  by  the 
authorities  in  Kazakhstan.  The  Commission  has  strongly  criticized  such  low  standards 
inter alia at the EU-Kazakhstan Trade Committee. Some improvements of the situation 
are expected. The EU exports of the product concerned to Kazakhstan are growing and 
the  importance  of  this  case  will  increase,  should  the  application  of  any  measure  be 
extended to the whole CU. 

f) Belarus  

A safeguard measure against fibreglass mesh was finally adopted by Belarus in spite of 
the Commission's strong protests for the insufficient legal justification for imposing this 
measure  in  terms  of  causation,  on  top  of  the  existing  customs  import  duty  of  10-15%. 
The  Commission  intervened  mainly  for  systemic  reasons  than  due  to  an  economic 
interest. In a CU-wide review of this measure, Belarus has proposed to extend it to the 
entire CU territory. This proposal is clearly incompatible with the provisions of the CU 
Transitional Agreement and the Commission will urge the CU to refuse any extension of 
this measure.  

9. 

THAILAND 

9.1. 

Overall trends 

In  Thailand,  which  traditionally  has  limited  recourse  to  trade  defence  actions,  in  the 
recent  years  the  number  of  anti-dumping  measures  has  increased  from  one  in  2008  to 
three  in  2010.  These  three  anti-dumping  duties  concern  glass  block  from  the  Czech 
Republic, cold-rolled flat stainless steel against the EU and hot-rolled flat in coils and 
not  in  coils  from  Slovakia  and  Romania.  Provisional  safeguard  measures  have  been 
imposed at the beginning of 2011 against imports of the glass block.  

9.2.  Main cases 

In Thailand, in December 2010, a safeguard investigation was initiated against imports of 
glass  block  irrespective  of  its  origin,  while  an  anti-dumping  duty  is  already  in  force 
against  imports  of  the  same  product  from  the  Czech  Republic.  Provisional  safeguard 
measures have been imposed at the beginning of 2011. The Commission has highlighted 
the  weaknesses  of  the  case  -  in  particular,  the  lack  of  sufficient  disclosure  and  the 
absence of clear evidence that increased imports have caused serious injury. The fact that 
glass  block  from  the  Czech  Republic  may  be  illegally  subject  cumulatively  to  two 
measures (an anti-dumping duty and a safeguard duty) is also a matter of concern for the 
EU. 

10. 

UKRAINE 

10.1.  Overall trends 

Ukraine  initiated  two  safeguard  investigations  in  2009  (Float  glass  and  Matches)  and 
continued  to  be  active  in  2010  with  three  new  safeguard  investigations  concerning 
imports of Fertilisers, Ferro-alloys and Refrigerators. EU exports are significant for four 

EN 

12 

   EN 

 
of  these  five  cases.  Two  investigations  (Fertilisers  and  Ferro-alloys)  were  however 
terminated without imposition of any measure and the definitive measures on Float glass 
were imposed only for a very short period.  

In  terms  of  measures  in  force,  the  situation  developed  positively.  Compared  to  2009 
when Ukraine was among the leading countries with nine existing measures, after expiry 
of significant number of measures in 2010 the number of measures dropped to three. The 
currently existing measures (safeguards against steel seamless pipes and matches and one 
antidumping against syringes) do not have any significant impact on the EU exports. 

10.2.  Main cases 

In 2010 the safeguard investigation into imports of float glass was concluded in October 
2010  with  the  imposition  of  a  definitive  duty  for  a  period  of  10  days  instead  of  the 
originally  proposed  3  years  (in  addition  to  the  period  of  application  of  the  provisional 
measure).  The  Commission  has  actively  intervened  in  this  important  case  for  the  EU 
industry and coordinated and assisted the EU companies concerned. 

The  safeguard  investigations  against  imports  of  fertilisers  and  ferro-alloys  were 
concluded in December 2010. The Commission was very active in both cases and closely 
coordinated  with  the  EU  industry  given  the  high  economic  interest,  a  too  short 
investigating period and lack of legal justification for the imposition of any measures.  

A  safeguard  investigation  against  imports  of  refrigerators  has  been  initiated  in  May 
2010 and extended by 2 months in February 2011. The economic interest in this case is 
very  high  and  spread  over  many  EU  Member  States.  The  Commission  closely 
coordinates  with  the  EU  industry  and  Member  States  concerned,  actively  intervenes  to 
ensure that the non-injurious EU exports are not unduly hit by any legally unwarranted 
acts (e.g. the investigating period was too short). 

11. 

CANADA 

Canada's  use  of  the  instruments  shows  a  decreasing  trend  over  the  last  few  years  with 
two  trade  defence  measures  in  force  at  the  end  of  2010  versus  six  at  the  end  of  2008. 
Canada initiated one new anti-dumping investigation and imposed one new anti-dumping 
measure in 2010. 

Canada  initiated  an  anti-dumping  investigation  regarding  imports  of  bell  peppers  form 
the  Netherlands  in  April  2010  and  imposed  definitive  measures  in  October  2010. 
Important  issues  in  this  case  were  the  product  definition  and  the  calculation  of  normal 
value. Due to a lack of cooperation by the industry with the investigating authorities on 
this  latter  issue,  the  outcome  of  the  investigation  was  not  satisfactory,  despite  the 
Commission's intervention.  

In  February  2010,  Canada  initiated  an  expiry  review  of  the  countervailing  measures 
regarding  refined  sugar  from  the  EU,  and  in  parallel  an  expiry  review  of  the  anti-
dumping  measures  against  imports  of  the  same  product  from  Denmark,  Germany,  the 
Netherlands and United Kingdom. Both reviews were terminated in November 2010. The 
European  Commission  has  provided  ample  information  and  evidence  which  allowed 
Canada to conclude that following the reform of the Common Agricultural Policy in the 

EN 

13 

   EN 

 
EU, production volumes had been reduced and thus there was no likelihood of recurrence 
of  injury.  The  Canadian  domestic  industry  filed  an  appeal  against  this  decision  in 
December 2010. The Commission will continue to closely monitor the developments in 
this case.  

12. 

INDONESIA 

Indonesia has been a very active user of the safeguard instrument in the course of 2010, 
initiating  five  new  safeguard  investigations.  The  products  concerned  ranged  from  steel 
products (stranded wires, ropes, and cables; wire of iron/non-alloy steel), to aluminium 
food containers, to cotton products (cotton yarn and woven fabrics of cotton). Of these 
proceedings,  one  has  been  terminated  (aluminium  food  containers)  due  to  the  lack  of 
sharp increase in imports, an issue that also the Commission raised in its contacts with 
the Indonesian authorities.  

The main issue that seems to be common to all of these safeguard proceedings is that the 
increased imports came only from a few other Asian countries, and are mainly the result 
of  the  trade  liberalisation  resulting  from  the  China/ASEAN  Free  Trade  Agreement 
recently entered into force. The Commission is therefore concerned that the Indonesian 
authorities are not using the correct instrument to tackle the real source of the problems 
faced by the domestic industry, and that more appropriate trade defence instruments for 
this  purpose  are  available  that  would  also  not  unduly  penalise  exports  from  other 
countries, including EU Member States. The Commission will continue to monitor these 
safeguard proceedings in the course of 2011 and trusts that the Indonesian authorities will 
fully take into account its comments in the various proceedings. 

13. 

ISRAEL 

Israel  has  continued  to  use  trade  defence  instruments  intensively  in  2010  with 
investigations maintaining the low standards demonstrated during the previous year.  

In  2010,  three  new  anti-dumping  cases  were  initiated  against  imports  of MDF  boards, 
non-woven cloth and animal feed mixers. Already in the first days of 2011, a safeguard 
investigation  was  launched  against  the  imports  of  glass  and  rock  wool.  The  new 
investigations  show  the  same  persisting  shortcomings  such  as  lack  of  transparency, 
unreliable injury analysis and incomplete causality analysis. Contrary to Israel's previous 
practice,  all  new  cases  were  initiated  against  individual  EU  Member  States  and  not 
against the EU as a whole. 

The  bituminous  membranes  investigation  initiated  in  2009  is  still  ongoing,  with 
provisional  measures  being  imposed.  The  Commission  continues  to  intervene  and  is 
actively monitoring the developments in this case, especially in view of the approaching 
18 months deadline for concluding the investigation. 

14. 

NEW ZEALAND 

New Zealand's trade defence activity remained stable in 2010 with only two measures in 
force. While anti-subsidy measures against imports of canned peaches from the EU were 

EN 

14 

   EN 

 
terminated in 2009, New Zealand initiated in 2011 an anti-dumping investigation against 
imports  of  preserved  peaches  from  Spain,  despite  the  fact  that  the  volume  of  such 
imports  is  almost  negligible.  The  Commission  regrets  that  the  documents  circulated  so 
far are poor in terms of both disclosure and substance, and will continue to support the 
Spanish Government and industry in monitoring this case. However, there is a concrete 
risk that measures be imposed for an indefinite time, like in the case of canned peaches 
from Greece where in the absence of cooperation of the Greek exporters measures have 
now been in force for 13 years. 

15. 

SOUTH AFRICA 

South  Africa's  use  of  trade  defence  instruments  shows  a  decreasing  trend  over  the  past 
few years. At the end of 2010, there were two trade defence measures in force versus five 
at the end of 2008. No new measures were imposed and no new investigations initiated in 
2010. 

Definitive  measures  have  been  imposed  in  June  2009  against  imports  of  tall  oil  fatty 
acid originating in Sweden (initiation in June 2008). In July 2009, South Africa initiated 
an  anti-circumvention  investigation  concerning  imports  of  the  same  product  from 
Finland.  The  Commission  made  a  submission  pointing  to  the  fact  that  there  was  no 
circumvention in this case since there is genuine production of the product concerned in 
Finland.  In  March  2010  the  circumvention  investigation  was  terminated  albeit  on  the 
grounds of de minimis dumping.  

16. 

MOROCCO 

Morocco has sporadically used the safeguard instrument over the past few years and has 
no longer any measures in force.  

Morocco  initiated  one  new  safeguard  investigation  in  July  2010  concerning  imports  of 
machine-made carpets. The industry co-operated with the investigating authorities and 
the Commission made a submission emphasising the total lack of a causal link between 
EU imports and any injury. The investigation was terminated in November 2010 without 
the imposition of measures on the grounds of no injury.  

The  safeguard  measures  regarding  ceramic  tiles,  extended  in  June  2009  following  an 
expiry  review,  were  terminated  in  December  2010,  one  year  earlier  than  originally 
foreseen because they were no longer necessary to remedy serious injury.  

EN 

15 

   EN 

 
Annex II - Measures in force at the end of 2008,2009 and 2010 

Measures in force at the end of 2008, 2009 and 2010. 

Country 

AD 

CVD 

SG 

TOTAL 

2008  2009  2010  2008  2009 2010 2008

2009  2010  2008  2009  2010

Andean Community 

Argentina 

Australia 

Belarus 

Brazil 

Canada 

Chile 

China 

Dominican Republic 

Croatia 

Ecuador 

Egypt 

India 

Indonesia 

Israel 

Japan 

Jordan 

Korea 

Kazakhstan 

Mexico 

Moldova 

Morocco 

New Zealand 

Pakistan 

EN 

0 

5 

3 

0 

9 

2 

0 

0 

3 

2 

0 

0 

5 

4 

0 

10 

10 

5 

0 

9 

0 

0 

0 

2 

3 

0 

12 

14 

0 

0 

0 

0 

0 

0 

0 

0 

16 

13 

12 

1 

0 

1 

0 

1 

0 

6 

0 

0 

2 

1 

0 

2 

1 

0 

0 

0 

6 

0 

0 

2 

3 

0 

2 

1 

0 

0 

0 

5 

0 

0 

2 

3 

0 

0 

1 

0 

0 

1 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

2 

0 

0 

1 

0 

0 

0 

1 

0 

0 

1 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

1 

0 

0 

0 

0 

0 

0 

1 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

1 

0 

1 

1 

0 

1 

0 

0 

0 

0 

1 

0 

1 

0 

0 

1 

0 

0 

0 

1 

1 

0 

0 

0 

1 

0 

1 

1 

0 

1 

0 

0 

1 

0 

1 

2 

2 

1 

0 

1 

0 

0 

0 

1 

1 

0 

0 

0 

0 

0 

1 

0 

0 

1 

0 

2 

0 

1 

1 

1 

2 

0 

0 

1 

0 

1 

0 

1 

0 

0 

0 

0 

5 

4 

1 

9 

2 

1 

0 

4 

3 

1 

0 

6 

5 

1 

11 

11 

6 

1 

9 

0 

0 

0 

3 

4 

1 

12 

14 

0 

1 

0 

1 

2 

0 

1 

1 

16 

15 

13 

2 

0 

1 

1 

1 

0 

8 

1 

1 

3 

1 

2 

3 

1 

1 

0 

0 

7 

1 

1 

2 

3 

2 

2 

1 

1 

0 

1 

5 

1 

0 

2 

3 

16 

   EN 

 
  
Peru 

Philippines 

Russia 

South Africa 

Thailand 

Turkey 

Ukraine 

USA * 

1 

0 

1 

4 

1 

2 

2 

1 

0 

1 

3 

2 

2 

3 

1 

0 

0 

2 

3 

3 

1 

23 

22 

21 

Venezuela 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

4 

1 

TOTAL * 

93 

95 

89 

10 

0 

0 

0 

0 

0 

0 

0 

3 

0 

6 

0 

0 

0 

0 

0 

0 

0 

3 

0 

4 

0 

4 

3 

1 

0 

9 

6 

0 

0 

0 

2 

4 

1 

0 

0 

3 

3 

0 

0 

1 

4 

4 

5 

1 

1 

2 

5 

4 

2 

1 

3 

3 

2 

3 

10 

10 

11 

12 

13 

6 

0 

0 

2 

0 

0 

8 

9 

3 

27 

25 

24 

1 

0 

0 

32 

37 

30 

135 

138 

123 

* The change compared to last year's report is due to two US cases which did not appear in the statistics. 

EN 

17 

   EN 

 
Annex III – Details of measures in force as of December 2010 

Measures in Force 

At 2010-Dec-31 

Country 

Product 

Instrument 

Type Of 
Measure 

Date Of 
Imposition 

Exporting MS 

Argentina 

Disposable 
electrocardiograms 

electrodes 

for 

Argentina 

petrol extraction pumps 

Argentina 

Electrical terminals 

Argentina 

straight handsaw blades 

Argentina 

Hot-rolled steel (HRS) 

Australia 

Polyethylene high density 

AD 

AD 

AD 

AD 

AD 

AD 

Definitive 

2007-Dec-07 

Austria 

Definitive 

2009-Nov-23  Romania 

Definitive 

2009-Apr-02  Germany 

Definitive 

2008-Feb-21 

Sweden 

Definitive 

2002-Apr-30 

Slovakia, Romania 

Definitive 

2003-Dec-05 

Sweden 

Australia 

Brandy packaged in bottles or bulk 

CVD 

Definitive 

2007-Mar-08 

France 

Australia 

Processed dried currants 

Australia 

Geosynthetic clay liners 

AD 

AD 

Definitive 

2008-Nov-17  Greece 

Definitive 

2009-Oct-09  Germany 

Fibreglass 

Belarus 

SG 

Definitive 

2010-Feb-04 

Czech 
Germany, 
Poland, 
Finland 

Republic, 
Latvia, 
Slovakia, 

Brazil 

Brazil 

Brazil 

Brazil 

Brazil 

Brazil 

Brazil 

Brazil 

Brazil 

Viscose Fibres 

Indigo Blue 

Seamless steel pipes  

Viscose Yarn 

Polycarbonate 
powder, 
resins 
granulates  or  pellets,  with  or  without 
pigments additives 

in 

Milk powder 

Methacrylate Methyl 

glassine/glazed papers  

Phenol 

Canada 

Bell peppers 

EN 

AD 

AD 

AD 

AD 

AD 

AD 

AD 

AD 

AD 

AD 

18 

Definitive 

2009-Apr-08 

Austria 

Definitive 

2008-Mar-24  Germany 

Definitive 

2005-Oct-07 

Definitive 

2009-Dec-16 

Austria 

Definitive 

2008-Apr-08 

Belgium,  Germany, 
Spain 

Definitive 

2001-Feb-23  Denmark, Ireland 

Definitive 

2001-Mar-14 

Germany, 
France, 
Kingdom 

Spain, 
United 

Definitive 

2008-Oct-22 

Finland 

Definitive 

2002-Oct-16 

Belgium, Germany 

Definitive 

2010-Oct-19 

Netherlands 

   EN 

 
  
  
  
  
  
  
  
Canada 

Hot-rolled  carbon  steel  plate  and  high-
strength low-alloy steel plate 

AD 

Definitive 

2004-Jan-09 

Czech 
Bulgaria, Romania 

Republic, 

Milk in powder, milk, gouda cheese 

SG 

Definitive 

2006-Dec-14 

Germany, 
Netherlands 

Chile 

China 

China 

China 

China 

China 

China 

China 

China 

China 

China 

China 

China 

China 

Polyamide-6 (PA6) 

Certain iron or steel fasteners 

Polyamide-6,6 

Adipic acid 

Catechol 

Chloroform - Trichloromethane 

Potato Starch 

X-Ray  Security  Inspection  Equipment 
(energy above 100 thousand KeV) 

Wear resistant overlay 

Methylene Chloride 

Hydrazine Hydrate 

Dimethyl Cyclosiloxane 

AD 

Definitive 

2010-Apr-22 

AD 

Definitive 

2010-Jun-29 

AD 

Definitive 

2009-Oct-12 

AD 

AD 

Definitive 

2009-Nov-02 

Definitive 

2003-Aug-27 

France, Italy 

AD 

Definitive 

2004-Nov-30 

AD 

Definitive 

2007-Feb-06 

AD 

Provisional 

2010-Jun-10 

AD 

Definitive 

2006-Dec-13 

AD 

AD 

Definitive 

2002-Jun-20 

Definitive 

2005-Jun-17 

France 

Belgium,  Germany, 
Italy,  Netherlands, 
Poland 

Germany, 
France, 
Poland, 
United Kingdom 

Spain, 
Italy, 
Sweden, 

France,  Italy,  United 
Kingdom 

Germany,  France, 
Italy 

Germany,  France, 
United Kingdom 

Germany,  France, 
Netherlands 

Germany, 
Netherlands, 
Finland, 
Kingdom 

United 

Germany,  European 
Union of 25 

Germany, 
Netherlands,  United 
Kingdom 

Germany, 
Kingdom 

United 

Italy 

Germany,  France, 
European  Union  of 
15 

AD 

Definitive 

2005-May-10 

SG 

Definitive 

2010-Oct-18 

Benzofuranol; 
phenol) 

(7-Hydroxy  or  Furan 

AD 

Definitive 

2006-Feb-12 

AD 

Definitive 

2006-Jan-16 

Chloroprene Rubber 

Polypropylene Bags 

Certain sports and other socks 

China 

Dominican 
Republic 

Dominican 
Republic 

Ecuador 

Windshields 

Egypt 

India 

Blankets 

Caustic soda 

EN 

Definitive 

2010-Dec-06 

Definitive 

2010-Nov-01 

Definitive 

2008-Feb-12 

Spain 

Definitive 

2001-Jun-26 

France 

SG 

SG 

SG 

AD 

19 

   EN 

 
  
  
  
India 

India 

India 

India 

India 

India 

India 

India 

India 

India 

India 

India 

Israel 

Israel 

Japan 

Jordan 

Kazakhstan 

Mexico 

Mexico 

Mexico 

Mexico 

Mexico 

Moldova 

Caustic soda 

AD 

Definitive 

2003-Oct-01 

Belgium, Italy 

Certain Rubber Chemicals 

Pentaerythritol 

Phenol 

Potassium carbonate 

PVC paste resin 

Sodium hydrosulphite 

Sodium nitrite 

Acetone 

Hydrogen Peroxyde 

Cold-Rolled  Flat  Products  of  Stainless 
Steel  

Dimethoate Technical  

Wire Nails 

Bituminous  Membranes  -  waterproofing 
products 

Stretch wrap 

Electrolytic Manganese Dioxide 

Ceramic tiles 

Confectionery 

Organic pesticides 

Sorbitol UPS grade 

Carbon steel plate in sheets 

Cold-rolled sheet 

AD 

AD 

Definitive 

2005-Nov-20 

Belgium,  Germany, 
Italy 

Definitive 

2006-Apr-20 

Sweden 

AD 

Definitive 

2003-Mar-24 

European  Union  of 
15 

European  Union  of 
15 

Definitive 

2004-Feb-20 

Definitive 

2004-Oct-07 

Spain, Italy 

Definitive 

2003-Dec-03  Germany 

Definitive 

2002-Nov-29 

European  Union  of 
15 

Definitive 

2008-Mar-11 

Belgium, Spain, Italy 

Definitive 

2008-Sep-04 

Spain, 
Italy, 

Belgium, 
France, 
Netherlands, 
Finland, 
United Kingdom 

Sweden, 

Definitive 

2010-Feb-20 

Definitive 

2009-Aug-27 

Definitive 

2009-Oct-12 

Estonia, 
Latvia, 
Hungary, Romania 

Cyprus, 
Lithuania, 

Definitive 

2009-Aug-24 

France 

Provisional 

2010-May-25 

Greece, Italy 

Provisional 

2009-Aug-30  Greece, Italy 

Definitive 

2008-Aug-29 

Spain 

AD 

AD 

AD 

AD 

AD 

AD 

AD 

SG 

SG 

SG 

AD 

AD 

AD 

SG 

Definitive 

2010-Sep-01 

Spain, Italy 

SG 

Provisional 

2009-Jun-13 

Germany, 
Netherlands, Poland 

AD 

AD 

AD 

AD 

Definitive 

2007-Dec-21  Denmark 

Definitive 

1990-Sep-27 

France 

Definitive 

2005-Sep-22 

Definitive 

2005-Dec-12 

carbon  steel 
straight seam 

Sugar 

tubes  with 

longitudinal 

United Kingdom 

AD 

Definitive 

2010-Jan-06 

SG 

Definitive 

2004-Jan-01 

European  Union  of 
15 

Indonesia 

Indonesia 

dextrose monohydrate 

EN 

20 

   EN 

 
  
  
  
  
New Zealand 

Canned peaches 

New Zealand 

Oral Liquid Paracetomol 

Pakistan 

Tinplate (secondary quality) 

Pakistan 

Sorbitol 70% solution 

Pakistan 

Formic acid 

Peru 

Hot-rolled steels and coils 

AD 

AD 

AD 

AD 

AD 

AD 

Definitive 

1998-Mar-09  Greece 

Definitive 

2006-Jul-17 

Ireland 

Definitive 

2009-Nov-16 

Belgium,  Germany, 
France, Netherlands 

Definitive 

2003-Nov-19 

France 

Definitive 

2006-Jul-07 

Germany, Finland 

Definitive 

2006-Jul-07 

Philippines 

Testliner board 

SG 

Definitive 

2010-Sep-16 

Belgium, Germany 

Philippines 

Ceramic floor and wall tiles 

Philippines 

Steel angle bars 

Russia 

Steel pipes (for oil and gas industry) 

SG 

SG 

SG 

Definitive 

2002-Apr-11 

European  Union  of 
15 

Definitive 

2009-Aug-31 

Definitive 

2006-Dec-15  Germany, Italy 

Russia 

Russia 

Flatware from corrosion-proof steel 

SG 

Definitive 

2009-Dec-27 

Belgium,  Germany, 
France, Italy 

Stainless steel pipes 

SG 

Definitive 

2009-Nov-01 

Germany, 
Netherlands, 
Poland, 
Sweden 

Italy, 

Finland, 

South Africa 

Ropes & cables of iron or steel 

South Africa 

Tall Oil Fatty Acid 

Thailand 

Glass Block 

Cold-rolled flat stainless steel 

Thailand 

Thailand 

Hot-rolled flat in coils and not in coils 

Steam Smoothing Irons 

Salt 

Motorcycles 

Certain electrical appliances 

Vacuum cleaners for a voltage of 110 V 
or more 

Mono-ethylene-glycol 

Footwear 

Matches 

Turkey 

Turkey 

Turkey 

Turkey 

Turkey 

Turkey 

Turkey 

Turkey 

EN 

AD 

AD 

AD 

AD 

AD 

SG 

SG 

SG 

SG 

SG 

AD 

SG 

SG 

21 

Definitive 

2002-Aug-28 

Germany, 
Kingdom 

United 

Definitive 

2009-Jun-05 

Sweden 

Definitive 

2009-Jan-15  Czech Republic 

Definitive 

2003-Mar-13 

Belgium,  Denmark, 
Spain, Italy, Finland, 
Sweden 

Definitive 

2003-May-27  Slovakia 

Definitive 

2006-Aug-10 

Definitive 

2006-Aug-10 

Italy 

Definitive 

2007-Mar-02 

Spain, Italy 

Definitive 

2008-Nov-01 

Belgium, France 

Definitive 

2006-Aug-10 

Germany,  France, 
Poland 

Definitive 

2010-May-02  Bulgaria 

Definitive 

2006-Aug-10 

Germany,  Greece, 
Spain, Slovenia 

Definitive 

2009-Dec-23  Germany, Poland 

   EN 

 
  
  
  
Polyvinyl chloride (PVC) 

Cotton yarn other than sewing thread 

Travel  goods,  handbags  and  similar 
containers 

Fittings 

Definitive 

2003-Feb-06 

Belgium,  Germany, 
Greece, 
Italy, 
Hungary, 
Netherlands, 
Finland, Romania 

Definitive 

2008-Oct-21 

Belgium, Italy 

Belgium,  Germany, 
Spain,  France,  Italy, 
Netherlands,  United 
Kingdom 

Definitive 

2008-Mar-07 

Definitive 

2006-Sep-07 

AD 

SG 

SG 

AD 

Frames and mountings for spectacles 

SG 

Definitive 

2008-Mar-05 

Italy 

Steel Seamless Casing and Lifting Pipes 

SG 

Definitive 

2008-Oct-01 

Matches 

Syringes 

SG 

Definitive 

2009-Nov-04 

Definitive 

2009-Nov-04 

Austria, 
Slovakia, Romania 

Poland, 

Germany,  Poland, 
Romania 

Germany, 
United Kingdom 

Spain, 

Turkey 

Turkey 

Turkey 

Turkey 

Turkey 

Ukraine 

Ukraine 

Ukraine 

United States 

Antifriction bearings 

United States 

Antifriction bearings 

United States 

Granular polytetrafluoroethylene resin 

United States 

Ball bearings 

United States 

Ball bearings 

United States 

Brass sheet & strip 

United States 

Brass sheet & strip 

United States 

Brass sheet & strip 

United States 

Chlorinated isocyanurates 

United States 

Sodium Nitrite 

United States 

Certain Lightweight Thermal Paper  

United States 

Stainless steel butt-weld pipe fittings 

United States 

Stainless steel plates in coils 

United States 

Stainless steel plates in coils 

AD 

AD 

AD 

AD 

AD 

AD 

AD 

AD 

AD 

AD 

AD 

AD 

AD 

AD 

AD 

Definitive 

1989-May-15  United Kingdom 

Definitive 

1989-May-15 

Italy 

Definitive 

1988-Aug-30 

Italy 

Definitive 

1999-May-15 

France 

Definitive 

1989-May-15  Germany 

Definitive 

1987-Mar-06 

France 

Definitive 

1987-Mar-06  Germany 

Definitive 

1987-Mar-06 

Italy 

Definitive 

2005-Jun-24 

Spain 

Definitive 

2008-Aug-27  Germany 

Definitive 

2008-Nov-10  Germany 

Definitive 

2001-Feb-23 

Italy 

Definitive 

1999-May-21  Belgium 

Definitive 

1999-May-21 

Italy 

United States 

Stainless steel plates in coils 

CVD 

Definitive 

1999-May-11  Belgium 

United States 

Stainless steel sheet and strip in coils 

AD 

Definitive 

1999-Jul-27 

Germany 

United States 

Stainless steel sheet and strip in coils 

United States 

Steel concrete reinforcing bars 

EN 

Definitive 

1999-Jul-27 

Italy 

Definitive 

2001-Sep-07 

Latvia 

AD 

AD 

22 

   EN 

 
  
United States 

Steel concrete reinforcing bars 

United States 

Low enriched uranium 

United States 

Pressure sensitive plastic tape 

United States 

Pasta 

AD 

AD 

AD 

AD 

Definitive 

2001-Sep-07 

Poland 

Definitive 

2002-Feb-13 

France 

Definitive 

2001-May-14 

Italy 

Definitive 

1996-Jul-24 

Italy 

United States 

Pasta 

CVD 

Definitive 

1996-Jul-24 

Italy 

Purified Carboxymethylcellulose (CMC) 

AD 

Definitive 

2005-Jul-11 

Purified Carboxymethylcellulose (CMC) 

AD 

Definitive 

2005-Jul-11 

Sweden 

Finland 

United States 

United States 

United States 

United States 

Stainless steel bar 

Purified Carboxymethylcellulose (CMC) 

AD 

AD 

Definitive 

2005-Jul-11 

Netherlands 

Definitive 

1995-Mar-02 

Spain 

United States 

Corrosion-resistant  carbon  steel 
products 

flat 

AD 

Definitive 

1993-Aug-19 

Germany 

United States 

Cut-to-length carbon steel plate 

CVD 

Definitive 

1999-Dec-29 

Italy 

United States 

Cut-to-length carbon-quality steel plate 

United States 

Stainless steel wire rod 

United States 

Stainless steel wire rod 

AD 

AD 

AD 

Definitive 

2000-Feb-10 

Italy 

Definitive 

2007-Aug-26 

Spain 

Definitive 

2007-Aug-26 

Italy 

EN 

23 

   EN 

 
 
Annex IV – Investigations opened in 2008, 2009 and 2010 

Investigation opened in 2008, 2009 and 2010. 

Country 

AD 

CVD 

SG 

TOTAL 

2008  2009  2010

2008

2009

2010  2008

2009  2010  2008  2009

2010 

Argentina 

Australia 

Belarus 

Brazil 

Canada 

Chile 

China 

Croatia 

Dominican Republic 

Ecuador 

Egypt 

GCC 

India 

Indonesia 

Israel 

Japan 

Jordan 

Kazakhstan 

Kyrgyzstan 

Mexico 

Morocco 

Pakistan 

Peru 

Philippines 

Russia 

1 

1 

0 

2 

0 

0 

3 

0 

0 

0 

0 

0 

3 

0 

0 

0 

0 

0 

0 

1 

0 

0 

0 

0 

1 

1 

1 

0 

0 

0 

0 

2 

0 

0 

0 

1 

0 

1 

0 

4 

0 

0 

0 

0 

0 

0 

3 

0 

0 

0 

1 

0 

0 

4 

1 

1 

3 

0 

0 

0 

0 

0 

7 

0 

3 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

1 

0 

0 

0 

0 

0 

0 

0 

0 

1 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

1 

1 

0 

0 

0 

0 

0 

0 

1 

0 

2 

2 

0 

0 

2 

3 

0 

0 

0 

0 

0 

1 

2 

0 

0 

0 

1 

0 

1 

0 

1 

3 

0 

0 

2 

9 

0 

1 

0 

0 

2 

2 

0 

1 

0 

1 

1 

2 

0 

0 

0 

0 

0 

0 

0 

0 

2 

1 

0 

0 

1 

5 

0 

0 

1 

1 

1 

1 

1 

0 

0 

0 

1 

1 

1 

1 

3 

0 

0 

3 

0 

0 

0 

1 

0 

5 

2 

0 

0 

2 

3 

0 

1 

0 

0 

0 

1 

3 

1 

1 

0 

1 

0 

1 

2 

1 

3 

0 

1 

2 

10 

0 

5 

0 

0 

2 

2 

0 

1 

3 

2 

1 

2 

1 

0 

0 

4 

1 

1 

4 

0 

2 

1 

0 

0 

8 

5 

3 

0 

1 

1 

1 

1 

1 

0 

0 

0 

1 

EN 

24 

   EN 

 
  
South Africa 

Thailand 

Turkey 

Ukraine 

USA 

Vietnam 

TOTAL 

1 

0 

2 

1 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

16 

13 

20 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

1 

0 

0 

0 

0 

0 

0 

1 

0 

0 

1 

1 

0 

0 

0 

0 

1 

2 

0 

1 

0 

1 

0 

3 

0 

0 

1 

0 

3 

2 

0 

0 

0 

0 

1 

2 

0 

1 

0 

1 

0 

3 

0 

0 

17 

31 

19 

33 

45 

40 

EN 

25 

   EN 

 
 
Annex V – Details of investigations initiated in 2010 

Country 

Product 

Instrument

Initiation Date 

Exporting MS 

Potato Starch 

CVD 

2010-Aug-30 

Germany, Netherlands 

Argentina 

Paperboard 

Brazil 

Brazil 

Brazil 

Brazil 

Nitril Rubber 

Flat rolled steel 

Glazd paper 

Lightweight paper 

Canada 

Bell peppers 

Chile 

Melamine boards 

Optical fiber 

Caprolactam 

Photographic paper 

Dominican Republic 

Certain sports and other socks 

Dominican Republic 

Toilet Paper 

Ecuador 

Windshields 

Hot Rolled Flat Steel 

Melamine 

Morpholine 

Stainless  Steel  Cold  Rolled  Flat 
Products of 400 series having width 
below 600 mm 

Notification  N1,  3-dimethyl  butyl-N 
Phenylenediamine (PX-13) 

Soda Ash 

Ball bearings 

Aniline 

Wire  of 
iron/non-alloy  steel  not 
plated/coated,  containing  carbon  < 
0.25% by weight 

China 

China 

China 

China 

India 

India 

India 

India 

India 

India 

India 

India 

Indonesia 

Indonesia 

AD 

AD 

AD 

AD 

AD 

AD 

AD 

2010-Dec-15 

Austria, Finland 

2010-Oct-01 

France, Poland 

2010-Aug-26 

Spain, Romania 

2010-May-19 

France, Italy, Hungary 

2010-Dec-03 

Belgium, 
Finland, Sweden 

Germany, 

2010-Apr-03 

Netherlands 

2010-Mar-10 

Austria 

AD 

2010-Apr-20 

AD 

2010-Apr-20 

Germany,  France, 
Netherlands, 
United Kingdom 

Italy, 
Finland, 

Czech Republic, Germany, 
Spain, 
Netherlands, 
Poland 

AD 

SG 

SG 

SG 

AD 

AD 

AD 

2010-Dec-23 

2010-Mar-02 

2010-Jan-14 

2010-Apr-22 

2010-Apr-12 

2010-Dec-07 

2010-Dec-07 

Belgium, 
Slovenia, Finland 

Germany, 

AD 

2010-Aug-16 

Belgium,  Germany,  Italy, 
Finland, Sweden 

SG 

AD 

AD 

AD 

2010-Dec-27 

Belgium, 
Netherlands 

Germany, 

2010-Aug-20 

Bulgaria, Romania 

2010-Sep-01 

Poland, Romania 

2010-Dec-20 

Germany 

SG 

2010-Jan-19 

Aluminium  Foil  Food  Container  / 
Aluminium Tray and Plain Lid 

SG 

2010-Jan-19 

EN 

26 

   EN 

 
  
  
  
  
  
  
  
  
Indonesia 

Indonesia 

Stranded  wire,  rope  &  cable,  for 
locked  coil,  flattened  strands  and 
non-rotating wire ropes 

Cotton  yarn  other 
thread  

than  sewing 

Indonesia 

Woven fabrics of cotton  

Israel 

Israel 

Israel 

Jordan 

Non-woven floor and cleaning cloths 

Animal food mixers 

Density 

Medium 
and 
Chipboard  boards  covered  with 
melamine 

Fibre 

Klinker 

Other electric accumulators 

Kazakhstan 

Kyrgyzstan 

Poultry eggs 

Mexico 

Morocco 

Russia 

Spiral-welded steel pipes and tubes 

Carpets 

Caramel 

Thailand 

Glass block 

Ukraine 

Fertilizers 

SG 

2010-Feb-05 

SG 

SG 

AD 

AD 

AD 

SG 

SG 

SG 

SG 

SG 

SG 

SG 

SG 

2010-Jun-25 

2010-Jun-25 

2010-Jun-09 

Germany 

2010-Sep-20 

Germany 

Spain, Portugal 

2010-Apr-18 

2010-Sep-16 

2010-Jul-08 

2010-Oct-15 

2010-Jul-03 

Czech Republic, Germany, 
Poland 

2010-Jul-19 

Belgium,  Spain,  France, 
Italy, Romania 

2010-Mar-11 

Germany, 
Poland 

Netherlands, 

2010-Dec-16 

Czech Republic 

2010-Feb-03 

Belgium, Italy, Netherlands 

Ukraine 

Ukraine 

Ferro-manganese  &  Ferro-silicon-
manganese 

SG 

2010-Feb-17 

Slovakia, Romania 

Refrigerators and freezers 

SG 

2010-May-06 

Germany,  Italy,  Lithuania, 
Hungary, Poland, Slovenia 

EN 

27 

   EN 

 
  
  
  
  
  
  
 
Annex VI – Measures imposed in 2008, 2009 and 2010 

Measures imposed in 2008, 2009 and 2010. 

Country 

AD 

CVD 

SG 

TOTAL 

2008 

2009 

2010 

2008 

2009 

2010 

2008 

2009 

2010 

2008 

2009 

2010 

Argentina 

Australia 

Brazil 

Belarus 

Canada 

China 

Croatia 

Dominica republic 

Ecuador 

Egypt 

India 

Indonesia 

Israel 

Japan 

Jordan 

Kazakhstan 

Mexico 

Pakistan 

Panama 

Philippines 

Russia 

South Africa 

Thailand 

Turkey 

Ukraine 

USA 

TOTAL 

1 

1 

4 

0 

0 

0 

0 

0 

0 

0 

2 

0 

0 

1 

0 

0 

0 

0 

0 

0 

0 

1 

0 

0 

0 

2 

2 

1 

2 

0 

0 

4 

0 

0 

0 

0 

3 

0 

2 

0 

0 

0 

0 

1 

0 

0 

0 

1 

1 

0 

1 

0 

12 

18 

0 

0 

0 

0 

1 

3 

0 

0 

0 

0 

1 

0 

1 

0 

0 

0 

1 

0 

0 

0 

0 

0 

0 

1 

0 

0 

8 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

1 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

4 

1 

0 

6 

0 

0 

0 

0 

0 

0 

1 

0 

0 

0 

4 

2 

1 

0 

0 

1 

0 

0 

0 

1 

2 

0 

0 

1 

2 

0 

15 

0 

0 

0 

1 

0 

0 

0 

2 

1 

0 

0 

0 

0 

0 

1 

0 

0 

0 

0 

1 

0 

0 

0 

0 

1 

0 

7 

EN 

28 

1 

1 

4 

0 

0 

0 

0 

0 

0 

1 

2 

0 

0 

1 

0 

0 

0 

0 

0 

0 

0 

1 

0 

4 

1 

2 

2 

1 

2 

0 

0 

4 

1 

0 

0 

0 

7 

2 

3 

0 

0 

1 

0 

1 

0 

1 

2 

1 

1 

1 

3 

0 

0 

0 

0 

1 

1 

3 

0 

2 

1 

0 

1 

0 

1 

0 

1 

0 

1 

0 

0 

1 

0 

0 

0 

1 

1 

0 

18 

33 

15 

   EN 

 
  
Annex VII – Details of measures imposed in 2010 

Country 

Product 

Fibreglass 

Belarus 

Canada 

China 

China 

China 

Bell peppers 

Certain iron or steel fasteners 

X-Ray Security Inspection Equipment 
(energy above 100 thousand KeV) 

Polyamide-6 (PA6) 

Dominican Republic  Certain sports and other socks 

Dominican Republic  Polypropylene Bags 

Ecuador 

Windshields 

Cold-Rolled Flat Products of 
Stainless Steel 

India 

Israel 

Jordan 

Mexico 

Bituminous Membranes - 
waterproofing products 

Ceramic tiles 

carbon steel tubes with longitudinal 
straight seam 

Philippines 

Testliner board 

Turkey 

Mono-ethylene-glycol 

AD 

SG 

SG 

SG 

AD 

AD 

SG 

AD 

SG 

AD 

Instrument 

Type Of 
Measure 

Date Of 
Imposition 

Exporting MS 

Definitive 

2010-Feb-04 

Czech Republic, 
Germany, Latvia, 
Poland, Slovakia, 
Finland 

Definitive 

2010-Oct-19  Netherlands 

SG 

AD 

AD 

Definitive 

2010-Jun-29 

AD 

Provisional  2010-Jun-10 

Germany, Spain, 
France, Italy, 
Poland, Sweden, 
United Kingdom 

Germany, 
Netherlands, 
Finland, United 
Kingdom 

Belgium, Germany, 
Italy, Netherlands, 
Poland 

Definitive 

2010-Apr-22 

Definitive 

2010-Dec-06 

Definitive 

2010-Oct-18 

Definitive 

2010-Nov-01 

Belgium, Spain, 
France, Italy, 
Netherlands, 
Finland, Sweden, 
United Kingdom 

Greece, Italy 

Definitive 

2010-Feb-20 

Provisional  2010-May-25 

Definitive 

2010-Sep-01  Spain, Italy 

Definitive 

2010-Jan-06 

United Kingdom 

Definitive 

2010-Sep-16  Belgium, Germany 

Definitive 

2010-May-02  Bulgaria 

Ukraine 

Float glass unreinforced, transparent, 
colourless (thickness 3.5 - 4.5 mm) 

SG 

Definitive 

2010-Oct-23 

Poland, Bulgaria 

EN 

29 

   EN