COMMISSION STAFF WORKING DOCUMENT Accompanying the document REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT NINTH REPORT OVERVIEW OF THIRD COUNTRY TRADE DEFENCE ACTIONS AGAINST THE EUROPEAN UNION (STATISTICS UP TO 31 DECEMBER 2011 BUT COMMENTARY ON CASES AND TEXT IS UPDATED TO MARCH 2012)
Date: 2012-06-28
Institutions: European Commission
Subjects: Australia, Belarus, Brazil, China, EU statistics, India, Indonesia, Israel, Kazakhstan, Latin America, New Zealand, Pakistan, Russia, Thailand, Türkiye, United States, anti-dumping measure, trade dispute, trade statistics

EUROPEAN COMMISSION 

Brussels, 28.6.2012  
SWD(2012) 184 final 

COMMISSION STAFF WORKING DOCUMENT 
Accompanying the document 

REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT 

NINTH REPORT 

OVERVIEW OF THIRD COUNTRY TRADE DEFENCE ACTIONS 
AGAINST THE EUROPEAN UNION 

(STATISTICS UP TO 31 DECEMBER 2011 BUT COMMENTARY ON CASES AND 
TEXT IS UPDATED TO MARCH 2012) 

{COM(2012) 344 final} 

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COMMISSION STAFF WORKING DOCUMENT 
Accompanying the document 

REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT 

NINTH REPORT 

OVERVIEW OF THIRD COUNTRY TRADE DEFENCE ACTIONS 
AGAINST THE EUROPEAN UNION 

(STATISTICS UP TO 31 DECEMBER 2011 BUT COMMENTARY ON CASES AND 
TEXT IS UPDATED TO MARCH 2012) 

ANNEX I – TRENDS AND MAIN CASES BY COUNTRY 

1. 

UNTITED STATES 

1.1. 

Overall trends 

With 23 measures at the end of 2011, 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 2010, and that no new investigations were initiated and no 
new  measures  imposed  in  2011.  The  measures  currently  in  force  are  21  anti-dumping 
measures  and  only  1  countervailing  measure  (Pasta  from  Italy).    In  2001,  the  US  had  20 
countervailing duty measures in force against the EU ; the decrease is mainly attributable to a 
strict  application  of  our  state  aid  rules  and  the  EU  challenges  to  the  US  privatization 
methodology in the WTO. 

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). In February 2012, the US and 
EU reached an understanding (roadmap) to settle these disputes.  

1.2.  Main cases 

a) Zeroing: US and EU reach an understanding 

For several years, Zeroing proved to be the most important and intractable TDI 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 took some time to comply 
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 was considered to be inadequate 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 

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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  in  February  2010.  As  the  US  objected  the  requested  level  of  retaliation,  the 
matter was referred to binding WTO arbitration.  

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 findings 
that  the  US  was  in  breach  of  its  WTO  obligations  by  applying  zeroing  in  administrative 
reviews.  This  case  involved  46  individual  measures  identified  by  the  EU,  where  dumping 
margins were calculated with 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, just before this date, 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.  

On  6  February  2012,  the  US  and  the  EU  reached  an  understanding  (roadmap)  to  settle  the 
zeroing disputes. The US had already abolished zeroing in new investigations in 2007 and the 
roadmap now extends this removal of the use of zeroing to reviews.  

As part of this understanding, the US published a new methodology for calculating margins in 
reviews  on  14  February  2012  and  this  methodology  will  apply  to  all  reviews  for  which  the 
preliminary results are issued after 16 April 2012. Under this methodology, the USDOC will 
normally  calculate  dumping  margins  in  reviews  by  using  an  average-to-average  comparison 
with  "offsets"  of  non-dumped  comparisons,  thus  removing  zeroing.  In  sunset  reviews,  the 
USDOC  will  no  longer  be  able  to  rely  on  zeroed  margins  as  a  justification  for  making  a 
finding that dumping will continue or recur. 

In  addition,  by  6  June  2012,  the  US  will  complete  "Section  129"  reviews  for  seven  anti-
dumping  orders,  in  order  to  remove  zeroing  from  duty  ("cash  deposit")  rate  of a  number  of 
EU exporters. The preliminary results of these reviews were announced on 26 March 2012. 

This understanding is a great step forward from the EU's point of view as it removes zeroing 
from  the  "normal"  calculation  of  dumping  in  reviews,  which  determine  about  90%  of  the 
amount  of  anti-dumping  duty  actually  collected.    Nevertheless,  we  will  have  to  carefully 
monitor the application by the US of its new methodology in order to ensure that zeroing is 
consistently  eliminated  from  dumping  calculations  in  all  future  reviews,  since  the 

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methodology leaves open the possibility of the US occasionally employing a different method 
of comparison to the average-to-average "default" method. 

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.e. 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.  

Fortunately, the ITC decided to revoke the anti-dumping order against Italy in July 2011 and 
the case was thus solved. 

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 President 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).  While  many  of  them  targeting  mainly  non-market  economies,  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 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 2011. No final decision 
on this proposal has yet been taken by the DOC. The Commission will continue to follow the 
developments of this proposed change very carefully.  

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 

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

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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)  Small  diameter  graphite  electrodes  from  China:  anti-circumvention  investigation 

concerning a UK company (UKCG) 

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. Although such proceedings should normally be concluded in no more than 300 
days,  the  DOC  has  extended  the  deadline  to  20  June  2012  and  only  completed  its  on-site 
verification on 17 February 2012. There is as yet no date for a preliminary determination. The 
Commission  is  in  contact  with  the  EU  company  concerned  and  is  closely  following  up  the 
developments  in  this  case.  In  November  2011,  the  EU  Delegation  in  Washington  (together 
with  the  UK  Embassy)  met  with  DOC  officials  to  express  concern  about  the  length  of  the 
proceeding and the failure (at that time) to provide for an on-site verification. 

2. 

CHINA 

2.1. 

Overall trends 

The  intensive  use  of  trade  defence  proceedings  by  China  continued  in  2011,  although  the 
number of new initiations decreased as compared to the 2010 peak. China initiated two new 
anti-dumping  investigations  against  the  EU  in  2011,  as  compared  to  four  in  2010  (plus  one 
anti-subsidy) and two investigations in 2009. 

The  most  striking  aspects  of  China's  use  of  TDI  are  twofold:  1)  the  sharp  and  constant 
increase of definitive measures on EU products over the last four years; 2) the fact that China 
has never terminated an investigation against EU imports without the imposition of definitive 
duties since it started using very actively the instruments against the EU in 2008. 

In  2011,  China  imposed  3  additional  definitive  anti-dumping  duties  on  imports  of  EU 
products,  and  the  first  definitive  anti-subsidy  duty.  China  also  imposed  a  provisional  anti-
dumping duty in 2011, bringing the total new measures to five.  

2.2.  Main cases 

a) Stainless steel seamless tubes: yet another mirror investigation 

China initiated this proceeding in September 2011. The target of this investigation are certain 
stainless  steel  seamless  tubes  and  the  economic  interest  ranges  between  US$  20-250 

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depending  on  the  definitive  scope  of  the  proceeding  which  is  still  unclear  at  the  moment. 
Remarkably, a similar product is subject to an anti-dumping investigation carried out by the 
EU. While the Chinese investigation is still at an early stage and therefore it is not possible to 
assess  the  solidity  of  this  investigation,  the  fact  that  the  EU  producers  targeted  in  this 
investigation are the same producers that acted as complainants in the EU investigation would 
seem  to  point  to  a  retaliation  motive  for  initiating  this  investigation.  If  this  indication  is 
confirmed, this would be the latest example of a retaliatory case brought by China against the 
EU over the last three years (e.g. fasteners, scanners, optical fibers, potato starch).  

b) X-ray scanners: WTO proceeding launched by the EU 

Definitive measures in this proceeding were imposed in January 2011 ranging from 33.5% to 
71.8%, essentially closing the Chinese market for EU exporters (see for details the coverage 
in  the  2011  annual  report).  The  Commission  always  had  serious  doubts  on  the  WTO 
compatibility of the imposition of measures in this case, as it believed it had been initiated in 
retaliation against the EU's own case concerning cargo scanners from China. 

Further to WTO consultations held with China towards the end of 2011, which did not lead to 
a satisfactory outcome, the EU formally challenged these definitive measures at the WTO. As 
a  result,  the  WTO  has  established  a  panel  on  20  January  2012  (DS  425),  which  will  take  a 
decision  on the WTO compatibility  of  the  Chinese duties. This is the first time that the EU 
challenges a Chinese TDI measure at the WTO. 

The EU claims in this case concern the lack of transparency in disclosures and findings and 
the consequent breach of the parties' right of defence, the absence of objective determination 
in  the  injury  and  the  causal  link  analysis,  and  other  issues  concerning  the  determination  of 
dumping.  

c) Optical fibres: imposition based on 'threat of injury' 

Definitive  anti-dumping  duties  were  imposed  in  April  2011,  ranging  from  12.9%  to  29.1% 
residual duty. The definitive duties applying to US exports are comparatively lower, ranging 
between 4.7% and 18.6% residual duty. The impact of these high duties for EU exports is the 
closure of the Chinese market. 

The main feature of this case is the fact that duties are not based on the existence of serious 
injury  for  the  Chinese  industry  but  on  the  'threat  of  injury'.  The  WTO  standards  to  impose 
duties  on  this  legal  basis  are  very  strict,  and  the  EU  has  strong  doubts  that  the  Chinese 
measures comply with these standards. Since the initiation of this proceeding the EU always 
suspected that this proceeding had been brought in retaliation against the EU's first imposition 
of definitive duties in a proceeding involving Chinese seamless tubes. Given the substantial 
legal  flaws  in  this  proceeding,  the  Commission  is  in  the  process  of  analysing  in  detail  the 
possible violations of WTO rules, especially the high standards required to impose duties on 
the basis of threat of injury. 

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

Further  to  the  initiation  in  2010  of  the  first  anti-subsidy  proceeding  against  the  EU,  China 
imposed  in  September  2011  a  definitive  countervailing  duty  on  imports  of  potato  starch 
ranging from 7.5% to 12.4%. This product was already subject to anti-dumping duties, which 
have also been revised upwards in April 2011 and now range between 12.6%-56.7%. 

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Interestingly,  this  first  anti-subsidy  investigation  carried  out  by  China  against  the  EU 
followed  almost  immediately  the  EU's  first  anti-subsidy  investigation  and  imposition 
concerning Chinese exports, i.e. coated fine paper. 

The  Chinese  authorities  have  countervailed  alleged  subsides  granted  under  the  old  EU 
common  agricultural  policy  ("CAP")  based  on  payments  linked  to  production.  The  national 
alleged  subsidy  schemes  concerning  France  and  the  Netherlands  originally  included  in  the 
scope  of  this  proceeding  have  finally  not  been  countervailed.  The  EU  also  notes  that  once 
again  the  injury  and  especially  the  causal  link  analysis  present  a  number  of  inconsistencies 
and the comments of the industry have not been duly taken into account. 

e) Caprolactam: another missed opportunity to terminate a TDI investigation 

This  investigation  concerns  the  last  chemical  product  in  the  same  production  chain  as  the 
other  products  already  subjected  by  China  to  anti-dumping  measures  in  2008  and  2009,  i.e. 
polyamide-6, adipic acid, and nylon-6,6. Definitive duties were imposed in September 2011 
ranging  between  2.50%  and  4.50%,  substantially  lower  than  the  provisional  duties  of  up  to 
25.5% imposed in January 2011. 

Although this represents a positive outcome for EU exporters given the limited impact on the 
exports concerned, in fact it can be considered yet another missed opportunity for MOFOM to 
terminate a proceeding without imposing definitive duties. This outcome is mainly the result 
of  a  strong  intervention  by  the  Chinese  users  of  EU  caprolactam,  which  were  the  most 
affected  by  the  penalising  provisional  measures.  Although  public  interest  is  not  mandatory 
under Chinese anti-dumping laws, it is clear that in this case there were overriding reasons of 
public interest that led MOFCOM to lower substantially the definitive duty applicable to EU 
exports, although the level of duties was kept just above the de minimis threshold so that the 
case would not be terminated without the imposition of measures. 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.  

f) Photo paper: substantial level of provisional duties 

China  imposed  substantial  provisional  duties  in  the  AD  investigation  concerning  imports  of 
photographic paper ranging between 17.6% and 26.8% in August 2011. In the meantime, the 
deadline  to  impose  definitive  duties  has  been  extended  to  23  March  2012,  and  imposed  at 
comparable levels. The level dumping is quite high and is the result of the fact that China has 
not taken into account several adjustments claimed by the EU exporters. The Commission is 
currently analysing the possible course of action. 

3. 

INDIA 

3.1. 

Overall trends  

With the imposition of 3 new measures in 2011 (2 anti-dumping and one safeguard), India is 
again in the second position in the list of countries having measures in force against the EU 
with 15 measures in total. Just two new investigations were initiated in 2011, but it should be 
recalled that India was however the most active country in 2010 in terms of initiation of new 
investigations  (8,  of  which  one  safeguard).  Measures  have  been  imposed  in  three  of  these 
cases in 2011, one measure was imposed in the first months of 2012 and there remain 4 on-

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going  investigations.  India  is  thus  one  of  the  most  active  TDI  user  against  the  EU,  and 
potentially even getting very close to being the country with the highest number of measures 
against the EU.  

4. 

TURKEY 

4.1. 

Overall trends  

Turkey remains a very active user of trade defence instruments despite the fact that it did only 
initiate  one  new  trade  defence  investigation  against  EU  exports  in  2011  and  the  number  of 
measures in force remained stable (13 measures). 

Indeed,  while  two  measures  lapsed  in  2011,  two  new  measures  were  imposed  in  2011  (one 
anti-dumping and  one  safeguard)  and Turkey has continued to  almost systematically extend 
its existing safeguards beyond their initial period of application. In 2011 Turkey has opened 
four  extension  investigations,  of  which  it  has  already  extended  the  measures  in  three  of  the 
cases and on one case the decision is pending.  

4.2.  Main cases 

Turkey decided to review to need to extend four safeguard measures which were supposed to 
expire in 2011. So far measures have indeed been officially extended in three cases (Frames 
for  spectacles,  Travel  bags  and  Cotton  yarn)  and  there  is  one  on-going  investigation.  It 
should be noted that Turkey decided to impose provisional measures in order to fill the gap 
between  the  expiry  date  and  the  end  of  the  review  investigations,  which  is  not  foreseen  by 
WTO rules. These safeguard measures will thus stay in force for a total period of 6 years. The 
Commission has very strongly opposed the extension of these measures due to serious 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 always 
very  important  for  the  EU  it  was  highlighted  to Turkey  that  the  need  to  maintain  safeguard 
measures in force for such a long time is difficult to justify. 

The  PET  (Polyethylene  terephthalate)  SFG  was  opened  in  March  2011.  In  this  case  the 
Commission  intervened  mainly  from  a  systemic  point  of  view  as  the  economic  interest 
involved  is  rather  low.  Measures  in  this  case  were  imposed  just  three  months  after  the 
initiation and were based on a threat of injury. 

5. 

LATIN AMERICA 

5.1. 

Overall trends 

The trade defence activity in Latin America showed a decreasing trend in 2011 as compared 
to  2010.  Also,  the  sudden  recourse  to  safeguard  measures  in  2010  of  countries  like  the 
Dominican  Republic  or  Ecuador,  who  are  normally  not  frequent  users  of  trade  defence 
instruments, did not recur in 2011. In general the quality of the cases was fairly reasonable, 
even  though  certain  weakness  in  particular  concerning  the  injury  and  causal  link  analysis 
seem  to  persist.  Regarding  Brazil,  it  has  been  announced,  also  in  the  Brazilian  press,  that 
Brazil intends to re-enforce their trade defence department. However, we are not aware of any 
concrete  steps  that  have  been  taken  and  have  not  experienced  any  change  in  Brazil's  trade 
defence practice so far.  

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5.2.  Main cases 

a) Argentina 

An anti-dumping case regarding imports of certain paper and paper board against Austria 
and  Finland  was  initiated  in  December  2010.  The  main  weaknesses  of  the  case,  which  the 
Commission  had already raised at initiation stage,  seem to persist  in  the  preliminary  report. 
i.e.  the  domestic  industry  is  not  suffering  injury  and  thus  a  causal  link  could  not  be 
established. The Commission has made a further submission in January 2012 and continues to 
closely monitor this case.  

b) Brazil  

Brazil  has  initiated  one  new  anti-dumping  investigation  in  2011  regarding  imports  of 
methylene  diphenyl  disocyanate  against  Belgium.  The  case  seemed  to  fulfil  the  necessary 
requirements and the Commission did not intervene.  

Nitril  rubber,  an  anti-dumping  case  initiated  in  October  2010,  showed  certain  weaknesses 
regarding  injury  and  causality.  In  February  2012,  the  Commission,  in  cooperation  with  the 
industry, made a submission regarding these issues before imposition of definitive measures.  

c) Peru 

Peru has imposed definitive countervailing measures against imports of olive oil from Spain 
and  Italy  in  December  2010.  Following  the  imposition  of  these  measures,  the  Commission 
and  the  EU  Member  States  have  started  an  administrative  procedure  in  accordance  with 
Peruvian  domestic  law,  in  order  to  try  to  obtain  the  annulment  of  the  measures.  The 
Commission, via the Delegation and a local lawyer, have intervened at technical as well as a 
political  level.  Written  submissions  have  been  filed  with  the  local  authorities  and  a  first 
hearing  took  place  in  November  2011.  The  final  hearing  in  this  case  is  expected  in  April 
2012. It is at this stage impossible to predict any outcome.   

6. 

UKRAINE 

6.1. 

Overall trends 

In 2010 Ukraine opened three new safeguard investigations all of which have been terminated 
in  2011  without  measures.  In  2011  three  new  cases  have  been  opened:  two  safeguard  (cars 
and petroleum products) and one anti-dumping investigation on float glass. 

Concerning  the  measures  into  force,  it  should  be  noted  that  the  no  new  duties  have  been 
imposed as a result of the investigations carried out in 2010 and 2011. The measures actually 
into force are only those resulted from previous investigation  (matches, seamless case pipes 
and syringes) and they do not have any significant impact on EU exports. Therefore, even if 
new  cases  are  regularly  initiated  the  current  tendency  seems  to  be  of  not  imposing  new 
measures. 

6.2.  Main cases 

Ukraine  initiated  two  safeguard  cases  which  were  very  sensitive  for  the  EU  interests,  on 
petroleum products and cars. 

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The safeguard investigation against imports of refined petroleum products was concluded in 
December  2011  without  measures  being  imposed.  Given  the  high  economic  interest  of  the 
European  industry  and  the  wrong  definition  of  the  product  concerned  by  the  Ukrainian 
authorities, the Commission was very active in that case and intervened at both political and 
technical level allowing a positive outcome of the investigation. 

The  Commission  is  playing  an  important  role  also  in  the  safeguard  investigation  against 
imports  of  cars.  The  investigation  was  opened  in  July  2011  and  the  investigation  is  still 
ongoing. The case is of high importance for the EU producers and the Commission is actively 
coordinating and assisting the companies concerned. 

In  addition,  in  April  2011  Ukraine  has  also  opened  an  anti-dumping  investigation  on  float-
glass.  This  follows  the  previous  safeguard  investigation  on  the  same  product  carried  out  in 
2011  and  terminated  after  the  imposition  of  definitive  duties  for  10  days  only.  The 
investigation is still ongoing and the Commission follows closely the developments. 

7. 

RUSSIA, KAZAKHSTAN, BELARUS  

7.1. 

Overall trends 

Russia,  Kazakhstan  and  Belarus  form  a  Customs  Union  (CU)  since  1  January  2010.  The 
Agreement on the application of trade defence instruments in the CU which entered into force 
between the three countries on 1 July 2010 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  are 
currently  applicable  according  to  the  Agreement  on  the  application  of  trade  defence 
instruments in the transitional period (into force from 19 November 2010).  

In  accordance  with  these  transitional  rules,  Russia  has  opened  and  concluded  a  series  of 
expedited  reviews  of  the  existing  national  measures  and  concluded  that  all  these  measures 
should  be  extended  to  the  entire  CU  territory.  The  new  investigations  concluded  before  the 
date of entry into force of the Transitional Agreement, are also subject to expedited reviews, 
provided that definitive measure were proposed. The approach and criteria used are based on 
the assessment whether the industry of the original country of the measures is representative 
at CU level (original complainants should represent at least 25% of the CU-wide production 
for measures to be extended).  

As  regards  the  initiation  of  new  cases,  a  declining  trend  remains  valid  for  2011.  In  2011, 
Russia  opened  only  one  new  safeguard  (on  Graphite  electrodes)  and  one  anti-dumping 
investigation (on Light commercial vehicles); none was opened by Kazakhstan and Belarus. 
The  number  of  measures  in  force  increase  for  Russia  following  the  imposition  of  safeguard 
measures  on  Caramel  and  Activated  carbon.  One  Belarusian  measure  remains  in  force 
(safeguard  on  Fibreglass)  and  two  safeguard  measures  are  applied  by  Kazakhstan  on 
confectionary and wadding.  

7.2.  Main cases  

a) Russia 

In  2011  Russia  has  concluded  the  CU-wide  reviews  on  several  existing  national  safeguard 
transitional 
measures  and 

investigations  concluded  before 

into  force  of 

the  entry 

EN 

10 

   EN 

 
arrangements.  As  a  result,  measures  on  Engineering  hardware,  Stainless  flatware,  Caramel 
and Stainless pipes were extended to the CU.  

The  CU-wide  review  on  Activated  carbon  was  completed  with  a  conclusion  that  measures 
should be extended but the official decision is still pending. 

After the decision to extend the measures to the CU, Russia has decided on 31 August 2011 to 
launch  a  repeated  investigation  on  Stainless  pipes  in  order  to  decide  if  measures  should  be 
abolished,  modified  or  continue  to  apply.  The  results  of  the  initial  investigation  and  the 
imposition of measures were severely contested by the Commission on the grounds of weak 
product definition and other significant shortcomings of the procedure. In the framework of 
the repeated investigation the Commission has intervened to reiterate its position in support of 
abolishing the measures, or alternatively, accepting a different form of measures. 

Two new investigations were launched by Russia in 2011 already under the transitional rules, 
which entails that the results of the investigations will be applicable directly to the whole CU. 
A  safeguard  on  Graphite  electrodes  was  initiated  on  31  August  2011.  In  its  intervention, 
closely  co-ordinated  with  EU  industry,  the  Commission  insisted  on  a  more  vigorous 
application  of  the  provisions  of  the  WTO  SA  by  the  Russian  authorities  in  the  light  of  the 
upcoming  membership  of  Russia  in  WTO.  The  Commission  has  specifically  expressed 
dissatisfaction by the fact that the case was based on the lowest standard of injury (threat of 
injury).  

An  anti-dumping  investigation  on  Light  commercial  vehicles  against  several  EU  countries 
was  initiated  on  16  November  2011.  The  Commission  has  made  a  submission  and  will 
continue to actively monitor the developments of this case. 

b) Kazakhstan  

The  lack  of  transparency  remains  a  serious  concern  in  the  Kazakh  safeguard  proceedings, 
however  some  improvements  were  noted.  Indeed,  after  repeated  requests  and  numerous 
interventions the Commission received updated information about the state of play of the six 
Kazakh  safeguard  cases.  Of  those,  three  have  been  concluded  without  the  imposition  of 
measures, two measures were imposed (see below) and one is still pending. 

The measures imposed in the cases of Confectionary and Wadding are applicable at national 
level  and  in  order  to  be  extended  a  CU-wide  reviews  will  have  to  be  conducted.  The 
Commission  will  continue  to  closely  monitor  and  oppose  any  unjustified  extension  of  the 
application of measures to the CU. 

c) Belarus  

After  a  CU-wide  review  Belarus  has  proposed  to  extend  the  nationally  applied  safeguard 
measure  against  fibreglass  mesh.  The  Commission  successfully  intervened  to  oppose  the 
extension of the measure to CU. Measures will remain applicable at national level until their 
expiry. 

EN 

11 

   EN 

 
8. 

ISRAEL 

8.1. 

Overall trends 

In  the  last  few  years  Israel  has  been  very  active  in  trade  defence  investigations  and  the 
Commission constantly intervened in the individual cases.  

In 2011 the number of new investigations opened by the Israeli authorities decreased; during 
the year at issue Israel has only initiated one new safeguard investigation on rock wool and 
glass  wool.    However,  all  the  ongoing  investigations  continue  presenting  the  low  standards 
that were already contested by the Commission in the previous years. 

8.2.  Main cases 

The  Commission  interventions  on  the  bituminous  membranes  investigation,  pointing  out 
among  others  that  the  18  months  deadline  for  concluding  the  investigation  had  already 
expired, allowed the termination without measures of the investigation in October 2011.  

The  Israeli  ongoing  investigations  which  at  the  time  being  are  three:  the  already  mentioned 
MDF boards, Animal food mixers, non woven cleaning cloths and glass wool and rock 
wool.  All  of  them  present  the  recurrent  shortcomings  concerning  transparency  and  right  of 
defence.  However,  it  should  be  noted  that  provisional  measures  are  in  force  only  for  the 
animal  food  mixers  case.  The  provisional  measures  imposed  on  MDF  boards  expired  in 
October 2011 (the investigation being still not concluded after the WTO 18 months deadline) 
and for the other investigations provisional measures have never been imposed. 

9. 

AUSTRALIA 

Australia's  trade  defence  actions  against  EU  exports  have  been  very  limited  over  the  recent 
years. Only one new investigation has been initiated in 2011 concerning imports of structural 
timber. The reports so far indicate that no margin of dumping has been found for the majority 
of the EU exporters having co-operated.  

10. 

PAKISTAN 

Pakistan imposed one definitive anti-dumping measure against imports of hydrogen peroxide. 
Provisional measures were already imposed in 2010 and confirmed at definitive stage despite 
the  weaknesses  identified  by  the  Commission.  These  mainly  related  to  the  absence  of 
retardation  in  the  establishment  of  the  domestic  industry  (imports  decreased  and  the  import 
price was higher than the domestic price) and causal link. The definitive measures were also 
imposed beyond the 18 months deadline prescribed by WTO.  The Commission pursue this 
case bi-laterally with Pakistan. 

11. 

THAILAND 

The TDI activity in Thailand was relatively limited this year. Only one definitive safeguard 
measures  was  imposed  on  imports  of  glass  block  while  an  anti-dumping  duty  is  already  in 
force  against  imports  of  the  same  product  from  the  Czech  Republic.  Glass  block  from  the 
Czech Republic are thus currently subject to two measures at the same time. This issue was 

EN 

12 

   EN 

 
raised during the WTO safeguard Committee and bi-laterally with Thailand. The Commission 
will pursue the matter. 

12. 

INDONESIA 

After five new safeguard investigations initiated in 2010, Indonesia continued this trend in the 
course  of  2011.  Four  new  safeguard  investigations  were  initiated  concerning  imports  of 
tarpaulins,  awnings  and  sunblinds  of  synthetic  fibres;  iron  or  steel  wire;  polypropylene 
granulated; conveyor belts or belting. Two additional safeguard investigations were initiated 
in  January  2012  on  imports  of  certain  finished  casing  and  tubing  and  in  February  2012  on 
imports of mackerel. Definitive safeguard duties on this wave of safeguard proceedings were 
imposed on six products from different sectors.  

While EU exports affected by Indonesian safeguard proceedings mostly account for a limited 
economic  interest,  the  systemic  problems  leading  to  doubts  on  their  WTO  compatibility 
already identified by the Commission continued  unchanged in all of the new investigations. 
Specifically,  it  seems  that  Indonesia  is  suffering  from  a  flood  of  cheap  imports  from  China 
and other neighbouring ASEAN countries, which is mainly the result of the implementation 
of  the  recent  China/ASEAN  Free  Trade  Agreement.  In  these  circumstances  the  erga  omnes 
safeguard instrument affecting all the imports from all countries does not seem the appropriate 
trade  defence  instrument,  and  the  Indonesian  authorities  should  probably  use  another  more 
appropriate instrument targeting specifically the source of the problems faced by the domestic 
industry  (e.g.  the  anti-dumping  instrument,  or  the  specific  safeguard  instrument  provided 
under the China/ASEAN Free Trade Agreement for these very situations). 

The  Commission  will  continue  to  closely  monitor  the  Indonesian  safeguard  proceedings 
during 2012 and hopes that the Indonesian authorities will consider the comments submitted 
by the Commission in the various proceedings and also bilaterally. 

13. 

NEW ZEALAND 

The  number  of  measures  in  force  in  New  Zealand  is  comparable  to  last  year.  New  Zealand 
however  initiated  two  new  anti-dumping  investigations  in  2011,  against  imports  of  canned 
tomatoes  and  canned  peaches.  These  two  cases  will  be  monitored  carefully,  also  bearing  in 
mind that in the future comparable measures against imports of canned peaches from Greece 
have been in force for 14 years now. 

EN 

13 

   EN 

 
 
 
 
 
 
 
 
Annex II - Measures in force at the end of 2009,2010 and 2011 

Measures in force at the end of 2009, 2010 and 2011. 

CVD 

201
1 

200
9 

201
0 

201
1 

200
9 

SG 

201
0 

TOTAL 

201
1 

200
9 

201
0 

201
1 

Country 

Argentina 

Australia 

Belarus 

Brazil 

Canada 

Chile 

China 

Croatia 

Dominican 
Republic 

Ecuador 

Egypt 

India 

Indonesia 

Israel 

Japan 

Jordan 

Kazakhstan 

Korea 

Mexico 

Moldova 

Morocco 

New Zealand 

Pakistan 

Peru 

Philippines 

Russia 

South Africa 

Thailand 

Turkey 

Ukraine 

USA 

AD 

201
0 

5 

3 

0 

9 

2 

0 

200
9 

5 

4 

0 

10 

3 

0 

5 

3 

0 

11 

2 

0 

12 

14 

14 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

1 

13 

12 

14 

0 

2 

1 

0 

0 

0 

6 

0 

0 

2 

3 

1 

0 

1 

3 

2 

2 

3 

0 

2 

1 

0 

0 

0 

5 

0 

0 

2 

3 

1 

0 

0 

2 

3 

3 

1 

0 

3 

1 

0 

0 

1 

5 

0 

0 

1 

4 

0 

0 

0 

2 

3 

3 

1 

22 

21 

20 

Venezuela 

0 

0 

0 

TOTAL 

95 

89 

94 

EN 

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 

0 

0 

0 

0 

0 

3 

0 

6 

0 

1 

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 

3 

0 

4 

14 

0 

1 

0 

0 

0 

0 

1 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

1 

0 

0 

0 

0 

0 

0 

3 

0 

6 

1 

0 

1 

1 

0 

1 

0 

1 

0 

0 

1 

2 

2 

1 

0 

1 

0 

0 

0 

1 

1 

0 

0 

0 

2 

4 

1 

0 

0 

0 

1 

0 

0 

1 

0 

0 

2 

1 

1 

1 

2 

0 

0 

1 

1 

0 

0 

1 

0 

0 

0 

0 

3 

3 

0 

0 

0 

0 

5 

1 

0 

0 

0 

0 

2 

1 

0 

1 

8 

0 

0 

0 

6 

0 

0 

1 

0 

0 

0 

0 

3 

5 

0 

1 

6 

5 

1 

11 

4 

1 

5 

4 

1 

9 

2 

1 

5 

4 

5 

12 

2 

0 

12 

14 

15 

1 

0 

0 

1 

0 

2 

1 

1 

0 

2 

1 

1 

15 

13 

15 

2 

3 

1 

1 

0 

0 

7 

1 

1 

2 

3 

1 

2 

5 

4 

2 

2 

2 

1 

1 

1 

0 

5 

1 

0 

2 

3 

1 

3 

3 

2 

3 

8 

3 

1 

0 

6 

1 

5 

1 

0 

1 

4 

1 

3 

5 

2 

4 

10 

10 

10 

12 

13 

13 

6 

0 

0 

2 

0 

0 

2 

0 

0 

9 

3 

3 

25 

24 

23 

0 

0 

0 

37 

30 

46 

138  123  146 

   EN 

 
  
Annex III – Details of measures in force as of 31st December 2011 

Measures in Force 

At 2011-Dec-31 

Country 

Product 

Instrument 

Type Of 
Measure 

Date Of 
Imposition 

Exporting MS 

Argentina 

Argentina 

Argentina 

Argentina 

Argentina 

Australia 

Australia 

Australia 

Australia 

Belarus 

Belarus 

Belarus 

Belarus 

Belarus 

Brazil 

Brazil 

Brazil 

Brazil 

petrol extraction pumps 

Disposable electrodes for 
electrocardiograms 

Electrical terminals 

straight handsaw blades 

Hot-rolled steel (HRS) 

Processed dried currants 

Geosynthetic clay liners 

Polyethylene high density 

Brandy packaged in bottles 
or bulk 

metal bolts, nuts, springs 

Flatware from corrosion-
proof steel 

Stainless steel pipes 

Caramel 

Fibreglass 

Viscose Fibres 

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

Viscose Yarn 

Coconuts desiccated 

EN 

AD 

Definitive 

AD 

Definitive 

AD 

Definitive 

AD 

Definitive 

AD 

Definitive 

AD 

Definitive 

AD 

Definitive 

AD 

Definitive 

CVD 

Definitive 

SG 

Definitive 

SG 

Definitive 

SG 

Definitive 

SG 

Definitive 

SG 

Definitive 

AD 

Definitive 

AD 

Definitive 

Definitive 

2009-Nov-
23 

2007-Dec-
07 

2009-Apr-
02 

2008-Feb-
21 

2002-Apr-
30 

2008-Nov-
17 

2009-Oct-
09 

2003-Dec-
05 

2007-Mar-
08 

2011-Jun-
22 

2011-Jun-
22 

2011-Jun-
22 

2011-Jul-
08 

2010-Feb-
04 

2009-Apr-
08 

2008-Apr-
08 

2009-Dec-
16 

Romania 

Austria 

Germany 

Sweden 

Slovakia, Romania 

Greece 

Germany 

Sweden 

France 

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

Austria 

Belgium, Germany, 
Spain 

Austria 

AD 

SG 

15 

Definitive 

2010-Sep-

Netherlands 

   EN 

 
 
  
  
  
  
  
  
  
  
  
  
Brazil 

Brazil 

Brazil 

Brazil 

Brazil 

Brazil 

Brazil 

Brazil 

Canada 

Canada 

China 

China 

China 

China 

China 

China 

China 

China 

China 

China 

Glazd paper 

Lightweight paper 

glassine/glazed papers  

Indigo Blue 

Phenol 

Milk powder 

Seamless steel pipes  

Methacrylate Methyl 

Bell peppers 

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

Chloroprene Rubber 

Hydrazine Hydrate 

Methylene Chloride 

Potato Starch 

Adipic acid 

Polyamide-6,6 

Certain iron or steel 
fasteners 

Polyamide-6 (PA6) 

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

Photographic paper 

EN 

16 

01 

AD 

Definitive 

2011-Oct-
06 

France, Italy, 
Hungary 

AD 

Provisional

2011-Nov-
10 

Belgium, Germany, 
Finland, Sweden 

AD 

Definitive 

AD 

Definitive 

AD 

Definitive 

AD 

Definitive 

AD 

Definitive 

AD 

Definitive 

AD 

Definitive 

AD 

Definitive 

AD 

Definitive 

AD 

Definitive 

AD 

Definitive 

AD 

Definitive 

AD 

Definitive 

2008-Oct-
22 

2008-Mar-
24 

2002-Oct-
16 

2001-Feb-
23 

2005-Oct-
07 

2001-Mar-
14 

2010-Oct-
19 

2004-Jan-
09 

2005-May-
10 

2005-Jun-
17 

2002-Jun-
20 

Finland 

Germany 

Belgium, Germany 

Denmark, Ireland 

Germany, Spain, 
France, United 
Kingdom 

Netherlands 

Czech Republic, 
Bulgaria, Romania 

Germany, France, 
European Union of 
15 

France 

Germany, 
Netherlands, United 
Kingdom 

2007-Feb-
06 

Germany, France, 
Netherlands 

2009-Nov-
02 

Germany, France, 
Italy 

AD 

Definitive 

2009-Oct-
12 

France, Italy, United 
Kingdom 

AD 

Definitive 

AD 

Definitive 

2010-Jun-
29 

2010-Apr-
22 

AD 

Definitive 

2011-Jan-
23 

AD 

Provisional 2011-Aug-

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

Belgium, Germany, 
Italy, Netherlands, 
Poland 

Germany, 
Netherlands, 
Finland, United 
Kingdom 

Netherlands, United 

   EN 

 
  
Caprolactam 

Optical fiber 

Potato Starch 

Catechol 

Chloroform - 
Trichloromethane 

Certain sports and other 
socks 

Polypropylene Bags 

Windshields 

PET containers 

Caustic soda 

Caustic soda 

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

Hot Rolled Flat Steel 

Morpholine 

Cold-Rolled Flat Products of 
Stainless Steel  

Hydrogen Peroxyde 

Acetone 

Sodium nitrite 

Sodium hydrosulphite 

PVC paste resin 

Potassium carbonate 

10 

Kingdom 

AD 

Definitive 

AD 

Definitive 

2011-Sep-
22 

2011-Apr-
22 

Czech Republic, 
Germany, Spain, 
Netherlands, Poland 

Denmark, Germany, 
France, Italy, 
Netherlands 

CVD 

Definitive 

2011-Sep-
17 

Germany, France, 
Netherlands 

AD 

Definitive 

2003-Aug-
27 

France, Italy 

AD 

Definitive 

2004-Nov-
30 

Germany, France, 
United Kingdom 

SG 

Definitive 

SG 

Definitive 

SG 

Definitive 

AD 

Definitive 

AD 

Definitive 

AD 

Definitive 

SG 

Definitive 

AD 

Definitive 

AD 

Provisional

2010-Dec-
06 

2010-Oct-
18 

2010-Nov-
01 

2011-Jun-
14 

2001-Jun-
26 

2003-Oct-
01 

2011-Jun-
06 

2011-Oct-
11 

2011-Sep-
20 

AD 

Definitive 

AD 

Definitive 

AD 

Definitive 

2010-Feb-
20 

2008-Sep-
04 

2008-Mar-
11 

Italy 

France 

Belgium, Italy 

Belgium, Germany, 
Netherlands 

Belgium, Germany, 
Slovenia, Finland 

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

Belgium, Spain, Italy 

AD 

Definitive 

2002-Nov-
29 

European Union of 
15 

AD 

Definitive 

Definitive 

2003-Dec-
03 

2004-Oct-
07 

Germany 

Spain, Italy 

Definitive 

2004-Feb-

European Union of 

   EN 

AD 

AD 

17 

China 

China 

China 

China 

China 

Dominican 
Republic 

Dominican 
Republic 

Ecuador 

Egypt 

India 

India 

India 

India 

India 

India 

India 

India 

India 

India 

India 

India 

EN 

 
  
  
  
  
  
India 

India 

India 

Indonesia 

Indonesia 

Indonesia 

Indonesia 

Indonesia 

Indonesia 

Indonesia 

Indonesia 

Israel 

Israel 

Israel 

Japan 

Kazakhstan 

Kazakhstan 

Kazakhstan 

Kazakhstan 

Kazakhstan 

Certain Rubber Chemicals 

AD 

Definitive 

2005-Nov-
20 

Belgium, Germany, 
Italy 

20 

15 

Pentaerythritol 

Phenol 

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

dextrose monohydrate 

Woven fabrics of cotton  

Cotton yarn other than 
sewing thread  

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

Certain wire of iron / non 
alloy steel, plated with zinc 

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

Wire Nails 

Stretch wrap 

Animal food mixers 

Non-woven floor and 
cleaning cloths  

Electrolytic Manganese 
Dioxide 

Stainless steel pipes 

Wadding and articles of 
wadding, Absorbents cotton 
wadding and articles thereof 

Confectionery 

Caramel 

Flatware from corrosion-
proof steel 

AD 

Definitive 

2006-Apr-
20 

Sweden 

AD 

Definitive 

2003-Mar-
24 

European Union of 
15 

SG 

Definitive 

SG 

Definitive 

SG 

Definitive 

SG 

Provisional

SG 

Definitive 

SG 

Definitive 

SG 

Definitive 

SG 

Definitive 

AD 

Provisional

AD 

Provisional

AD 

Provisional

AD 

Definitive 

SG 

Definitive 

SG 

Definitive 

2011-Mar-
23 

2009-Aug-
24 

2011-Mar-
23 

2011-Feb-
09 

2011-Mar-
23 

2011-Mar-
23 

2011-Mar-
23 

2009-Oct-
12 

2009-Aug-
30 

2011-Jul-
26 

2011-Feb-
27 

2008-Aug-
29 

2011-Jun-
22 

2011-Sep-
26 

France 

Germany 

Estonia, Cyprus, 
Latvia, Lithuania, 
Hungary, Romania 

Greece, Italy 

Germany 

Germany 

Spain 

Germany, Italy 

SG 

Definitive 

2011-Sep-
26 

Germany, 
Netherlands, Poland 

SG 

Definitive 

SG 

Definitive 

2011-Jul-
08 

2011-Jun-
26 

EN 

18 

   EN 

 
  
  
  
  
  
  
  
  
Kazakhstan 

Korea/South 

Mexico 

Mexico 

Mexico 

Mexico 

Mexico 

Moldova 

New Zealand 

Pakistan 

Pakistan 

Pakistan 

Pakistan 

Peru 

Philippines 

Philippines 

Philippines 

Russia 

Russia 

Russia 

Russia 

Russia 

metal bolts, nuts, springs 

Stainless steel bar 

Sorbitol UPS grade 

Carbon steel plate in sheets 

carbon steel tubes with 
longitudinal straight seam 

Organic pesticides 

Cold-rolled sheet 

Sugar 

Canned peaches 

Sorbitol 70% solution 

Hydrogen Peroxide 

SG 

Definitive 

AD 

Definitive 

AD 

Definitive 

AD 

Definitive 

AD 

Definitive 

AD 

Definitive 

AD 

Definitive 

2011-Jun-
22 

2004-Jul-
30 

1990-Sep-
27 

2005-Sep-
22 

2010-Jan-
06 

2007-Dec-
21 

2005-Dec-
12 

Spain 

France 

United Kingdom 

Denmark 

SG 

Definitive 

2004-Jan-
01 

European Union of 
15 

AD 

Definitive 

AD 

Definitive 

AD 

Definitive 

1998-Mar-
09 

2003-Nov-
19 

2011-Jul-
15 

Greece 

France 

Belgium 

Tinplate (secondary quality) 

AD 

Definitive 

2009-Nov-
16 

Belgium, Germany, 
France, Netherlands 

Formic Acid 

Olive oil 

AD 

Definitive 

CVD 

Definitive 

2011-Mar-
09 

2010-Dec-
05 

Finland. Germany 

Spain, Italy 

Ceramic floor and wall tiles 

SG 

Definitive 

2002-Apr-
11 

European Union of 
15 

Steel angle bars 

Testliner board 

Stainless steel pipes 

SG 

Definitive 

SG 

Definitive 

SG 

Definitive 

Steel pipes (for oil and gas 
industry) 

SG 

Definitive 

2009-Aug-
31 

2010-Sep-
16 

2009-Nov-
01 

2010-Dec-
15 

Belgium, Germany 

Germany, Italy, 
Netherlands, Poland, 
Finland, Sweden 

Germany, Italy 

Caramel 

Activated carbon (coal) 

metal bolts, nuts, springs 

SG 

Definitive 

2011-Jun-
03 

Germany, 
Netherlands, Poland 

SG 

Definitive 

2011-Sep-
08 

Germany, France, 
Netherlands, United 
Kingdom 

SG 

Definitive 

2011-Mar-
18 

Czech Republic, 
Germany, Italy, 
Poland, Finland, 
Romania 

EN 

19 

   EN 

 
  
  
  
  
South Africa 

South Africa 

Thailand 

Thailand 

Thailand 

Thailand 

Turkey 

Turkey 

Turkey 

Turkey 

Turkey 

Turkey 

Turkey 

Turkey 

Turkey 

Turkey 

Turkey 

Turkey 

Turkey 

Ukraine 

Ukraine 

Tall Oil Fatty Acid 

AD 

Definitive 

2009-Jun-
05 

Sweden 

Ropes & cables of iron or 
steel 

Hot-rolled flat in coils and 
not in coils 

Cold-rolled flat stainless 
steel 

Glass Block 

Glass Block 

Polyethylene terephthalate 

Polyvinyl chloride (PVC) 

Certain electrical appliances 

Dioctyl ftalat (dioctyl 
orthophtalats) 

Footwear 

Frames and mountings for 
spectacles 

Mono-ethylene-glycol 

Vacuum cleaners for a 
voltage of 110 V or more 

Steam Smoothing Irons 

Motorcycles 

Salt 

Matches 

Travel goods, handbags 
and similar containers 

AD 

Definitive 

2002-Aug-
28 

Germany, United 
Kingdom 

AD 

Definitive 

2003-May-
27 

Slovakia 

AD 

Definitive 

SG 

Definitive 

AD 

Definitive 

SG 

Definitive 

AD 

Definitive 

SG 

Definitive 

AD 

Definitive 

2003-Mar-
13 

2011-Aug-
18 

2009-Jan-
15 

2011-Nov-
07 

2003-Feb-
06 

2008-Nov-
01 

2011-Nov-
29 

Belgium, Denmark, 
Spain, Italy, Finland, 
Sweden 

Czech Republic 

Czech Republic 

Greece, Spain, Italy 

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

Belgium, France 

SG 

Definitive 

2006-Aug-
10 

Germany, Greece, 
Spain, Slovenia 

SG 

Definitive 

AD 

Definitive 

2008-Mar-
05 

2010-May-
02 

Italy 

Bulgaria 

SG 

Definitive 

2006-Aug-
10 

Germany, France, 
Poland 

SG 

Definitive 

SG 

Definitive 

SG 

Definitive 

SG 

Definitive 

2006-Aug-
10 

2007-Mar-
02 

2006-Aug-
10 

2009-Dec-
23 

SG 

Definitive 

2008-Mar-
07 

Spain, Italy 

Italy 

Germany, Poland 

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

Steel Seamless Casing and 
Lifting Pipes 

SG 

Definitive 

Matches 

SG 

Definitive 

2008-Oct-
01 

Austria, Poland, 
Slovakia, Romania 

2009-Nov-
04 

Germany, Poland, 
Romania 

EN 

20 

   EN 

 
  
  
AD 

Definitive 

2009-Nov-
04 

Germany, Spain, 
United Kingdom 

Definitive 

Definitive 

Definitive 

Definitive 

Definitive 

Definitive 

Definitive 

Definitive 

1989-May-
15 

1989-May-
15 

1988-Aug-
30 

1999-May-
15 

1989-May-
15 

1987-Mar-
06 

1987-Mar-
06 

1987-Mar-
06 

United Kingdom 

Italy 

Italy 

France 

Germany 

France 

Germany 

Italy 

Definitive 

2005-Jun-24  Spain 

Definitive 

Definitive 

Definitive 

Definitive 

Definitive 

2008-Aug-
27 

2008-Nov-
10 

2001-Feb-
23 

1999-May-
21 

1999-May-
21 

1999-May-
11 

Definitive 

1999-Jul-27 

Definitive 

1999-Jul-27 

Definitive 

Definitive 

Definitive 

Definitive 

2001-Sep-
07 

2001-Sep-
07 

2002-Feb-
13 

2001-May-
14 

Germany 

Germany 

Italy 

Belgium 

Italy 

Belgium 

Germany 

Italy 

Latvia 

Poland 

France 

Italy 

AD 

AD 

AD 

AD 

AD 

AD 

AD 

AD 

AD 

AD 

AD 

AD 

AD 

AD 

AD 

AD 

AD 

AD 

AD 

AD 

AD 

CVD 

Definitive 

Ukraine 

United States 

United States 

United States 

United States 

United States 

United States 

United States 

United States 

Syringes 

Antifriction bearings 

Antifriction bearings 

Granular 
polytetrafluoroethylene resin 

Ball bearings 

Ball bearings 

Brass sheet & strip 

Brass sheet & strip 

Brass sheet & strip 

United States 

Chlorinated isocyanurates 

Sodium Nitrite 

Certain Lightweight Thermal 
Paper  

Stainless steel butt-weld pipe 
fittings 

Stainless steel plates in coils 

Stainless steel plates in coils 

Stainless steel plates in coils 

Stainless steel sheet and strip 
in coils 

Stainless steel sheet and strip 
in coils 

Steel concrete reinforcing bars 

Steel concrete reinforcing bars 

Low enriched uranium 

Pressure sensitive plastic tape 

Pasta 

Pasta 

United States 

United States 

United States 

United States 

United States 

United States 

United States 

United States 

United States 

United States 

United States 

United States 

United States 

United States 

United States 

United States 

United States 

Definitive 

1996-Jul-24 

Italy 

CVD 

Definitive 

1996-Jul-24 

Italy 

Purified 
Carboxymethylcellulose (CMC) 

Purified 
Carboxymethylcellulose (CMC) 

Purified 

AD 

AD 

AD 

Definitive 

2005-Jul-11 

Sweden 

Finland 

Definitive 

2005-Jul-11 

Definitive 

2005-Jul-11 

Netherlands 

EN 

21 

   EN 

 
Carboxymethylcellulose (CMC) 

Stainless steel bar 

Corrosion-resistant carbon 
steel flat products 

Cut-to-length carbon steel plate 

Cut-to-length carbon-quality 
steel plate 

Stainless steel wire rod 

Stainless steel wire rod 

United States 

United States 

United States 

United States 

United States 

United States 

AD 

AD 

Definitive 

Definitive 

CVD 

Definitive 

AD 

AD 

AD 

Definitive 

Definitive 

Definitive 

1995-Mar-
02 

1993-Aug-
19 

1999-Dec-
29 

2000-Feb-
10 

2007-Aug-
26 

2007-Aug-
26 

Spain 

Germany 

Italy 

Italy 

Spain 

Italy 

EN 

22 

   EN 

 
 
 
Annex IV – Investigations opened in 2009, 2010 and 2011 

Investigation opened in  2009, 2010 and 2011. 

Country 

AD 

201
0 

200
9 

CVD 

201
1 

200
9 

201
0 

201
1 

200
9 

SG 

201
0 

TOTAL 

201
1 

200
9 

201
0 

201
1 

Argentina 

Australia 

Belarus 

Brazil 

Canada 

Chile 

China 

Croatia 

Dominican Republic 

Ecuador 

Egypt 

GCC 

India 

Indonesia 

Israel 

Japan 

Jordan 

Kazakhstan 

Kyrgyzstan 

Malaysia 

Mexico 

Morocco 

New Zealand 

Pakistan 

Peru 

Philippines 

Russia 

South Africa 

Thailand 

Turkey 

Ukraine 

USA 

Vietnam 

TOTAL 

1 

1 

0 

0 

0 

0 

2 

0 

0 

0 

1 

0 

1 

0 

4 

0 

0 

0 

0 

0 

0 

0 

0 

3 

0 

0 

0 

0 

0 

0 

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 

1 

1 

1 

0 

0 

2 

0 

0 

0 

0 

0 

1 

0 

0 

0 

0 

1 

0 

0 

0 

0 

2 

0 

0 

0 

1 

0 

0 

0 

2 

0 

0 

13 

20 

12 

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 

1 

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 

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 

1 

0 

1 

3 

0 

0 

2 

9 

0 

1 

0 

0 

2 

2 

0 

0 

1 

0 

0 

1 

1 

2 

0 

0 

1 

2 

0 

1 

0 

0 

0 

0 

0 

0 

0 

0 

2 

1 

0 

0 

1 

5 

0 

0 

1 

1 

1 

0 

1 

1 

0 

0 

0 

0 

1 

0 

1 

0 

3 

0 

0 

0 

0 

4 

0 

0 

0 

0 

0 

0 

0 

1 

0 

1 

3 

1 

0 

0 

4 

0 

1 

0 

0 

0 

0 

0 

0 

1 

0 

0 

1 

4 

0 

0 

1 

1 

0 

1 

0 

1 

2 

1 

3 

0 

1 

2 

10 

0 

5 

0 

0 

2 

2 

0 

0 

1 

0 

3 

2 

1 

2 

0 

0 

1 

2 

0 

1 

1 

0 

0 

4 

1 

1 

4 

0 

2 

1 

0 

0 

8 

5 

3 

0 

1 

1 

1 

0 

1 

1 

0 

0 

0 

0 

1 

0 

1 

0 

3 

0 

0 

0 

1 

5 

1 

0 

0 

2 

0 

0 

0 

1 

0 

2 

3 

1 

0 

0 

5 

0 

1 

0 

0 

2 

0 

0 

0 

2 

0 

0 

1 

6 

0 

0 

31 

19 

21 

45 

40 

33 

EN 

23 

   EN 

 
  
 
Annex V – Details of investigations initiated in 2011 

Country 

Product 

Instrument

Initiation Date 

Exporting MS 

Australia 

Belarus 

Belarus 

Belarus 

Belarus 

Belarus 

Brazil 

China 

China 

Egypt 

India 

India 

Structural Timber 

metal bolts, nuts, springs 

Graphite Electrodes 

Light commercial vehicles  

Caramel 

Flatware from corrosion-proof 
steel 

MDI Methylene diphenyl 
diisocyanate 

Certain high-performance 
stainless steel seamless tube 
used for supercritical and ultra 
supercritical boiler technology  

Ethylene Glycol Monobutyl 
Ether   

Cotton Yarn 

Pentaerythritol 

Phtalic Anhydride 

Indonesia 

Tarpaulins, Awnings and 
Sunblinds of Synthetic Fibres.  

Indonesia 

Iron or Steel Wire 

Indonesia 

Polypropylene granulated 

Israel 

Glass Wool and Rock Wool 

Kazakhstan 

Flatware from corrosion-proof 
steel 

Kazakhstan 

metal bolts, nuts, springs 

Kazakhstan 

Graphite Electrodes 

Kazakhstan 

Light commercial vehicles  

Kazakhstan 

Caramel 

Malaysia 

Hot-rolled coils 

New Zealand 

Preserved tomatoes 

New Zealand 

Preserved peaches 

Graphite Electrodes 

Russia 

Russia 

Turkey 

Ukraine 

Light commercial vehicles  

PET 

Steel Seamless Casing and 

Czech Republic, Germany, 
Estonia, Lithuania, Austria, 
Sweden 

2011-Sep-09 

2011-Feb-12 

2011-Aug-31 

2011-Nov-16  Germany, Italy, Poland 

2011-Jul-08 

AD 

SG 

SG 

AD 

SG 

SG 

2011-Feb-12 

AD 

2011-Jun-07 

AD 

2011-Sep-08 

AD 

SG 

AD 

SG 

SG 

SG 

SG 

SG 

SG 

SG 

SG 

AD 

SG 

SG 

AD 

AD 

SG 

AD 

SG 

SG 

2011-Nov-18 

2011-Nov-24 

2011-Jan-11 

2011-Aug-16 

2011-Mar-22 

2011-Aug-22 

2011-Apr-26 

2011-Jan-11 

2011-Feb-12 

2011-Feb-12 

2011-Aug-31 

2011-Nov-16  Germany, Italy, Poland 

2011-Jul-08 

2011-May-01 

2011-Sep-19 

2011-Feb-07 

2011-Aug-31 

Germany, Spain, France, 
Lithuania 

2011-Nov-16  Germany, Italy, Poland 

2011-Mar-18 

2011-Aug-29 

Austria, Poland, Slovakia, 

EN 

24 

   EN 

 
 
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
Lifting Pipes 

Romania 

Ukraine 

Cars 

SG 

2011-Jul-02 

Float glass with thickness up to 
3.5 mm, 3.5 - 4.5 mm, more 
than 4.5 mm 

Refined petroleum products 

Matches 

Syringes 

Ukraine 

Ukraine 

Ukraine 

Ukraine 

AD 

2011-Apr-27 

Belgium, Germany, Spain, 
Italy, Lithuania, 
Netherlands, Poland, 
Bulgaria, Romania 

2011-Jan-29 

2011-Nov-29  Germany, Poland, Romania

2011-Jul-30 

Germany, Spain, United 
Kingdom 

SG 

SG 

AD 

EN 

25 

   EN 

 
  
  
Annex VI – Measures imposed in 2009, 2010 and 2011 

Measures imposed in  2009, 2010 and 2011. 

Country 

AD 

CVD 

SG 

TOTAL 

2009  2010  2011  2009  2010  2011  2009  2010  2011  2009  2010  2011 

Argentina 

Australia 

Belarus 

Brazil 

Canada 

China 

Croatia 

Dominica republic 

Ecuador 

Egypt 

India 

Indonesia 

Israel 

Japan 

Jordan 

Kazakhstan 

Mexico 

Pakistan 

Panama 

Philippines 

Russia 

South Africa 

Thailand 

Turkey 

Ukraine 

TOTAL 

2 

1 

0 

2 

0 

4 

0 

0 

0 

0 

3 

0 

2 

0 

0 

0 

0 

1 

0 

0 

0 

1 

1 

0 

1 

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 

8 

0 

0 

0 

2 

0 

4 

0 

0 

0 

1 

2 

0 

2 

0 

0 

0 

0 

1 

0 

0 

0 

0 

0 

1 

0 

13 

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 

0 

0 

0 

0 

0 

0 

1 

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 

15 

0 

0 

1 

0 

0 

0 

0 

2 

1 

0 

0 

0 

0 

0 

1 

0 

0 

0 

0 

1 

0 

0 

0 

0 

1 

7 

0 

0 

4 

0 

0 

0 

0 

0 

0 

0 

1 

6 

0 

0 

0 

6 

0 

0 

0 

0 

3 

0 

1 

1 

0 

2 

1 

0 

2 

0 

4 

1 

0 

0 

0 

7 

2 

3 

0 

0 

1 

0 

1 

0 

1 

2 

1 

1 

1 

3 

0 

0 

1 

0 

1 

3 

0 

2 

1 

0 

1 

0 

1 

0 

1 

0 

1 

0 

0 

1 

0 

0 

0 

1 

1 

0 

0 

4 

2 

0 

5 

0 

0 

0 

1 

3 

6 

2 

0 

0 

6 

0 

1 

0 

0 

3 

0 

1 

2 

0 

22 

33 

15 

36 

EN 

26 

   EN 

 
  
Annex VII – Details of measures imposed in 2011 

Measures imposed in 2011 

Country 

Product 

Instrument 

Type Of 
Measure 

Date Of 
Imposition 

Exporting MS 

Belarus 

Belarus 

Belarus 

Belarus 

Brazil 

Brazil 

China 

China 

China 

China 

China 

Egypt 

India 

India 

India 

Indonesia 

Indonesia 

Indonesia 

Indonesia 

Indonesia 

Indonesia 

Israel 

Israel 

EN 

Stainless steel pipes 

Flatware from corrosion-proof 
steel 

metal bolts, nuts, springs 

Caramel 

Glazd paper 

Lightweight paper 

Potato Starch 

Optical fiber 

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

Photographic paper 

Caprolactam 

PET containers 

Hot Rolled Flat Steel 

Morpholine 

SG 

Definitive 

SG 

Definitive 

SG 

Definitive 

SG 

Definitive 

AD 

Definitive 

2011-Jun-
22 

2011-Jun-
22 

2011-Jun-
22 

2011-Jul-
08 

2011-Oct-
06 

France, Italy, Hungary 

AD 

Provisional 

2011-Nov-
10 

Belgium, Germany, 
Finland, Sweden 

CVD 

Definitive 

2011-Sep-
17 

Germany, France, 
Netherlands 

AD 

Definitive 

AD 

Definitive 

2011-Apr-
22 

2011-Jan-
23 

Denmark, Germany, 
France, Italy, 
Netherlands 

Germany, Netherlands, 
Finland, United 
Kingdom 

AD 

Provisional 

2011-Aug-
10 

Netherlands, United 
Kingdom 

AD 

Definitive 

AD 

Definitive 

AD 

Definitive 

AD 

Provisional 

2011-Sep-
22 

2011-Jun-
14 

2011-Oct-
11 

2011-Sep-
20 

Czech Republic, 
Germany, Spain, 
Netherlands, Poland 

Italy 

Belgium, Germany, 
Slovenia, Finland 

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

SG 

Definitive 

2011-Jun-
06 

Belgium, Germany, 
Netherlands 

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

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

Cotton yarn other than sewing 
thread  

Woven fabrics of cotton  

Certain wire of iron / non alloy 
steel, plated with zinc 

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

Non-woven floor and cleaning 
cloths  

Animal food mixers 

SG 

Definitive 

SG 

Definitive 

SG 

Provisional 

SG 

Definitive 

SG 

Definitive 

SG 

Definitive 

Provisional 

Germany 

Germany 

2011-Mar-
23 

2011-Mar-
23 

2011-Feb-
09 

2011-Mar-
23 

2011-Mar-
23 

2011-Mar-
23 

2011-Feb-
27 

AD 

AD 

27 

Provisional  2011-Jul-

Germany 

   EN 

 
  
  
  
  
  
  
  
  
  
  
Wadding and articles of wadding, 
Absorbents cotton wadding and 
articles thereof 

metal bolts, nuts, springs 

Caramel 

Confectionery 

Kazakhstan 

Kazakhstan 

Kazakhstan 

Kazakhstan 

Kazakhstan 

Flatware from corrosion-proof 
steel 

Kazakhstan 

Stainless steel pipes 

Hydrogen Peroxide 

Pakistan 

Russia 

Russia 

Russia 

Thailand 

Turkey 

Turkey 

Caramel 

metal bolts, nuts, springs 

Activated carbon (coal) 

Glass Block 

Polyethylene terephthalate 

Dioctyl ftalat (dioctyl orthophtalats) 

Germany, Italy 

26 

2011-Sep-
26 

2011-Jun-
22 

2011-Jul-
08 

SG 

Definitive 

SG 

Definitive 

SG 

Definitive 

SG 

Definitive 

2011-Sep-
26 

Germany, Netherlands, 
Poland 

SG 

Definitive 

SG 

Definitive 

AD 

Definitive 

2011-Jun-
26 

2011-Jun-
22 

2011-Jul-
15 

Belgium 

SG 

Definitive 

2011-Jun-
03 

Germany, Netherlands, 
Poland 

SG 

Definitive 

SG 

Definitive 

SG 

Definitive 

SG 

Definitive 

AD 

Definitive 

2011-Mar-
18 

2011-Sep-
08 

2011-Aug-
18 

2011-Nov-
07 

2011-Nov-
29 

Czech Republic, 
Germany, Italy, Poland, 
Finland, Romania 

Germany, France, 
Netherlands, United 
Kingdom 

Czech Republic 

Greece, Spain, Italy 

EN 

28 

   EN