COMMISSION STAFF WORKING DOCUMENT Accompanying the document REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT 30th Annual Report from the Commission to the European Parliament on the EU's Anti-Dumping, Anti-Subsidy and Safeguard activities (2011)
Date: 2012-10-19
Institutions: European Commission
Subjects: Armenia, Belarus, China, Court of Justice of the European Union, Kazakhstan, Mongolia, Viet Nam, World Trade Organisation, anti-dumping duty, anti-dumping measure, anti-subsidy proceeding, import (EU), small and medium-sized enterprises, trade dispute

EUROPEAN 
COMMISSION 

Brussels, 19.10.2012  
SWD(2012) 346 final 

COMMISSION STAFF WORKING DOCUMENT 
Accompanying the document 

REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT 

30th Annual Report from the Commission to the European Parliament on the EU's 
Anti-Dumping, Anti-Subsidy and Safeguard activities (2011) 

{COM(2012) 599 final} 

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TABLE OF CONTENTS 

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

1. 

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

1.1. 

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

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

1.1.2.  The EU legislation........................................................................................................ 7 

1.2. 

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

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

1.2.2.  The EU legislation........................................................................................................ 8 

1.3. 

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

2. 

Basic concepts.............................................................................................................. 9 

2.1. 

Anti-dumping and anti-subsidy.................................................................................... 9 

2.1.1.  What is dumping and what are countervailable subsidies - the material conditions for 
the imposition of duties? .............................................................................................. 9 

2.1.2.  Procedure ................................................................................................................... 10 

2.1.3.  Review of measures ................................................................................................... 12 

2.1.4. 

Judicial reviews.......................................................................................................... 12 

2.2. 

Safeguards .................................................................................................................. 12 

2.2.1.  What are safeguard measures? ................................................................................... 12 

2.2.2.  Procedure ................................................................................................................... 13 

3. 

4. 

4.1. 

4.2. 

4.3. 

4.4. 

4.5. 

4.6. 

5. 

5.1. 

5.2. 

TDI Modernisation..................................................................................................... 14 

Country-wide market economy status (MES)............................................................ 15 

China .......................................................................................................................... 16 

Vietnam ...................................................................................................................... 16 

Armenia...................................................................................................................... 16 

Kazakhstan ................................................................................................................. 16 

Mongolia .................................................................................................................... 17 

Belarus ....................................................................................................................... 17 

Information and Communication activities / Bilateral contacts................................. 17 

Small and medium sized enterprises (SMEs) ............................................................ 17 

Bilateral contacts/information activities – industry and third countries .................... 17 

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6. 

7. 

7.1. 

7.2. 

8. 

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

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

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

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

Overview of activities in 2011 ................................................................................... 22 

8.1. 

New investigations ..................................................................................................... 22 

8.1.1. 

Initiations ................................................................................................................... 22 

8.1.2.  Provisional measures.................................................................................................. 23 

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

8.1.4.  Details on individual cases......................................................................................... 25 

8.1.5. 

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

8.1.6.  Details on some individual cases ............................................................................... 33 

8.2. 

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

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

8.2.2. 

Interim reviews .......................................................................................................... 41 

8.2.3. 

“Other” reviews.......................................................................................................... 44 

8.2.4.  New exporter reviews ................................................................................................ 45 

8.2.5.  Absorption investigations .......................................................................................... 45 

8.2.6.  Circumvention investigations .................................................................................... 45 

8.3. 

Safeguard investigations ............................................................................................ 47 

9. 

9.1. 

9.2. 

10. 

11. 

Enforcement of anti-dumping/countervailing measures ............................................ 47 

Follow-up of measures............................................................................................... 47 

Monitoring of undertakings ....................................................................................... 48 

Refunds ...................................................................................................................... 48 

Judicial review: decisions given by the Court of Justice / Court of First Instance .... 48 

11.1.  Overview of the judicial reviews in 2011. ................................................................. 48 

11.2.  Cases pending ............................................................................................................ 48 

11.3.  New cases................................................................................................................... 48 

11.4. 

Judgments rendered by the General Court ................................................................. 48 

11.4.1.  Certain polyethylene terephthalate originating in India, Indonesia, Malaysia, the 
Republic of Korea, Thailand and Taiwan – T-167/07 – Far Eastern New Century 

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Corp. v Council of the European Union – Judgment of 13 April 2011 (OJ 160, 
28.5.2011, p. 15) ........................................................................................................ 48 

11.4.2.  Cotton-type bed linen originating in Pakistan – T-199/04 – Gul Ahmed Textile Mills 

v Council of the European Union – Judgment of 27 September 2011 (OJ C 331, 
12.11.2011, p. 15) ...................................................................................................... 50 

11.4.3.  Ironing boards originating in the People’s Republic of China and Ukraine – T-274/07 
– Zhejiang Harmonic Hardware Products v Council of the European Union – 
Judgment of 8 November 2011 (OJ C 370, 17.12.2011, p. 22) ................................. 50 

11.4.4.  Certain magnesia bricks originating from the People's Republic of China – T-423/09 
– Dashiqiao v Council of the Europen Union – Judgment of 16 December 2011 (OJ 
C 32, 4.2.2012, p. 21)................................................................................................. 51 

11.5. 

Judgments rendered by the Court of Justice .............................................................. 52 

12. 

Activities in the framework of the World Trade Organization (WTO) ..................... 52 

12.1.  Dispute settlement in the field of anti-dumping, anti-subsidy and safeguards .......... 52 

12.1.1.  Overview of the WTO dispute settlement procedure................................................. 52 

12.1.2.  Dispute settlement procedures against the Union ...................................................... 53 

12.2.  Other WTO activities ................................................................................................. 54 

13. 

Conclusion ................................................................................................................. 54 

LIST OF ANNEXES................................................................................................................ 56 

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EXECUTIVE SUMMARY 

This report is submitted to the European Parliament following its resolution of 16 December 
1981  on  the  EU's  anti-dumping  activities1,  and  the  report  of  the  European  Parliament’s 
Committee on industry, external trade, research and energy2.  

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

The  report  also  summarises  the  developments  in  general  policy.  As  in  previous  years,  the 
report no longer contains a commentary on each individual case. It gives an overview of all 
investigations  together  with  the  most  essential  information  such  as,  for  instance,  the  rate  of 
individual  duties  imposed.  In  turn,  cases  which  merit  some  special  attention  are  treated  in 
more detail. Consequently, the report is more factual and condensed and covers the essential 
facts of the year. 

The  detailed  annexes  which  cover  all  cases  ensure  that  the  factual  content  of  the  report 
remains meaningful and sufficient to provide a full overview of the activity in 2011.  

2011  saw  a  slight  increase    in  the  number  of  new  cases  initiated  when  compared  to  the 
previous year, 21 as compared to 18 in 2010. Regarding other activities, 2011 saw a decrease 
in the number of provisional measures imposed, 10 compared to 13 the previous year while 
the number of investigations terminated without measures increased slightly from 10 in 2010 
to 11 in 2011. There was an increase in the number of definitive measures imposed up from 9 
in 2010 to 13 in 2011.  

As regards review  investigations initiated, there was a drop from 31 in 2010 to 24 in 2011. 
These  included  8  expiry  reviews,  9  interim  reviews,  2  new  exporter  reviews,  3  anti-
circumvention investigations as well as 2 other reviews. In the period, 8 expiry reviews were 
concluded with confirmation of the measures and4 interim reviews were concluded with the 
measures being confirmed and/or amended. 

There  was  no  new  safeguard  investigation  opened  nor  safeguard  measures  imposed  during 
2011.  

As in previous years, this report continues to provide an overview on the Court cases relating 
to  the  trade  policy  instruments.  In  2011,  the  Court  of  Justice  (COJ)  and  the  General  Court 
(GC) rendered 9 judgments in total relating to the areas of anti-dumping or anti-subsidy.  

2011 was the fourth full year of activity for the Hearing Officer in DG Trade, who became 
operational  in  April  2007.  The  main  task  of  the  Hearing  Officer  is  to  guarantee  the  full 
exercise of rights of defence in trade proceedings before the European Commission. In doing 
so the Hearing Officer also contributed to improved transparency in TDI activities. 

With  the  aim  of  improving  the  efficiency  and  effectiveness  of  the  EU's  trade  defence 
instruments,  in  2011  DG  Trade  and  launched  a  debate  for  the  Modernisation  of  the  trade 
defence instruments in October 2011. 2011 also saw the continued focus on the role of SMEs 
in  trade  defence  investigations  and  how  the  particular  problems  they  incur  might  be 

1 
2 

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

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addressed. A paper was published in 2011 setting out concrete actions which could be taken 
to help overcome certain difficulties facing SMEs in the TDI process.  

The European Parliament's INTA Committee continued to be informed about developments in 
the EU's trade defence activities. 

The  relevant  activities  in  the  framework  of  the  World  Trade  Organisation  (WTO)  are  also 
reported  including  dispute  settlement  procedures  initiated  against  the  EU.  As  regards  WTO 
activity  the  report  also  updates  the  situation  regarding  the  trade  negotiations  on  the  Anti-
dumping and Subsidies Agreements.  

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

This report is also available to the general public with the following link.  

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

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1. 

OVERVIEW OF THE LEGISLATION 

1.1. 

Anti-dumping and anti-subsidy 

1.1.1.  The international framework 

On  an  international  level,  unfair  trading  practices  such  as  dumping  and  the  granting  of 
subsidies were identified as a threat to open markets as early as 1947, when the first GATT 
agreement  was  signed.  The  agreement  contained  specific  provisions  allowing  GATT 
members to take action against these practices if they caused material injury to the domestic 
industry of a GATT member. Even though, the beginning of the disciplines dates back quite 
some time, world trade is currently still distorted by unfair practices, making the instruments 
still relevant. 

Since the beginning, considerable  efforts have been  made  to  harmonise the  rules  relating to 
trade  instruments.  During  the  last  GATT  round  (the  « Uruguay  Round »)  which  led  to  the 
creation of the WTO and the detailed Anti-Dumping and Anti-Subsidy Agreements, much of 
the  attention  was  focused  on  the  procedural  and  material  conditions  to  be  fulfilled  before 
measures  can  be  adopted.  The  EU  played  an  active role in  the negotiation of  these relevant 
criteria  which  are  reflected  in  its  own  legislation.  The  EU's  role  is  the  more  so  important 
today as a number of new users take action without the necessary rigor and restraint, affecting 
negatively also EU operators. The role the EU plays as a prudent user has therefore also an 
exemplary function at WTO level. 

1.1.2.  The EU legislation 

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

– 

– 

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

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

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

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

3 
4 

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

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The EU interest test is a public interest clause and provides that measures can only be taken if 
they  are  not  contrary  to  the  overall  interest  of  the  EU.  This  requires  an  analysis  of  all  the 
economic interests involved, including those of the EU industry, users, consumers and traders 
of the product concerned. The EU interest test does not involve wider aspects such as foreign 
or development policy considerations. 

The lesser duty rule requires the measures imposed by the EU to be lower than the dumping 
or subsidy margin, if such lower duty rate is sufficient to remove the injury suffered by the 
EU industry. Such a “no-injury” rate is determined by using the cost of production of the EU 
industry and a reasonable profit margin; it reduces the anti-dumping measures for individual 
exporting companies in almost half of the cases and is applied, on a world-wide level, only by 
the EU on a regular basis. 

1.2. 

Safeguards 

1.2.1.  The international framework 

The  principle  of  liberalisation  of  imports  was  set  under  the  GATT  1947  and  strengthened 
under the 1994 WTO Agreements. As safeguard measures consist of the unilateral withdrawal 
or  suspension  of  a  tariff  concession  or  of  other  trade  liberalisation  obligations  formerly 
agreed, they have to be considered as an exception to this principle. Article XIX GATT 1994 
and  the  WTO  Agreement  on  Safeguards  do  not  only  impose  strict  conditions  for  the 
application  of  this  "escape  clause”,  but  also  put  in  place  a  multilateral  control  mechanism 
under the WTO Committee on Safeguards. 

Under  WTO  rules,  safeguard  action  has  to  be  viewed  as  a  temporary  defence  measure  that 
applies to all imports of the product covered by a measure, irrespective of origin. As regards 
non-WTO members, safeguard measures may be selective and apply to products originating 
in  a  specific  country.  WTO  Accession  Protocols  may  also  provide  for  such  selective 
safeguard  mechanisms  as  is  the  case  in  the  People's  Republic  of  China's  Protocol  of 
Accession.  

WTO safeguards should only be adopted after a comprehensive investigation which provides 
evidence of the existence of a) unforeseen developments leading to b) increased imports, c) 
the existence of a  serious  injury for  EU producers and d) a causal link between the imports 
and the injury. 

1.2.2.  The EU legislation 

The above-mentioned principles are all reflected in the relevant EU regulations, except for the 
“unforeseen development requirement” (which is not in the EU law but has been confirmed as 
a self-standing condition by WTO jurisprudence). Additionally, the adoption of measures in 
the  EU  requires  an  analysis  of  all  interests  concerned,  i.e.  the  impact  of  the  measures  on 
producers, users and consumers. In other words, safeguard action can only be taken when it is 
in  the  EU’s  interest  to  do  so.  The  current  EU  safeguard  instruments  are  covered  by  the 
following regulations: 

– 

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

5 

OJ  L  349,  31.12.94,  p.  53,  as 
(OJ L 374, 22.12.2004, p. 1). 

last  amended  by  Regulation 

(EC)  No  2200/2004 

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– 

– 

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

Council  Regulation  (EC)  No  517/948  on  common  rules  for  imports  of  textile 
products  from  certain  third  countries  not  covered  by  bilateral  agreements, 
protocols or other arrangements, or by other specific EU import rules. 

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

1.3. 

Anti-subsidy and unfair pricing instrument for airline services 

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

2. 

BASIC CONCEPTS 

2.1. 

Anti-dumping and anti-subsidy 

2.1.1.  What  is  dumping  and  what  are  countervailable  subsidies  -  the  material  conditions 

for the imposition of duties? 

2.1.1.1.  Dumping and subsidies 

Dumping  is  traditionally  defined  as  price  discrimination  between  national  markets,  or  as 
selling below cost of production, plus profit. The EU’s anti-dumping legislation defines anti-
dumping  as  selling  a  product  in  the  EU  at  a  price  below  its  “normal  value”.  This  “normal 
value”  is  usually  the  actual  sales  price  on  the  domestic  market  of  the  exporting  country. 
Therefore,  a  country  is  selling  at  dumped  prices  if  the  prices  in  its  home  market  are  higher 
than its export prices (i.e. price discrimination). 

Where  sales  in  the  domestic  market  are  not  representative,  for  instance  because  they  have 
only  been  made  in  small  quantities,  the  normal  value  may  then  be  established  on  another 
basis,  such  as  the  sales  prices  of  other  producers  on  the  domestic  market  or  the  cost  of 
production, plus profit. In the latter case, a company is selling at dumped prices if its export 
prices are below the cost of production, plus profit. 

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EN 

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

amended  by  Regulation 

(EC)  No  1786/2006 

as 

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A certain segregation of the market, triggered by a variety of distortions, exists in the majority 
of the cases where dumping occurs on a more than incidental basis. That segregation may be 
caused,  amongst  other  reasons,  by  government  intervention.  As  a  result,  exporters  are 
shielded, at least to a certain degree, from international competition on their domestic market. 

Subsidies  can  have  similar  effects  to  sales  at  dumped  prices  in  that  they  allow  exporters  to 
operate from a distorted home base. Subsidies involve a direct support from a government or 
a government-directed private body which has the effect of conferring a benefit to producers 
or  exporters  (e.g.  grants,  tax  and  duty  exemptions,  preferential  loans  at  below  commercial 
rates, export promotion schemes, etc.), all aimed at allowing the exporters to sell at low prices 
in the EU. Only subsidies which are “specific”, i.e. targeted at individual companies or certain 
sectors of the economy, can be subject to trade defence measures. 

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

2.1.1.2.  Material injury and causation 

For  measures  to  be  taken  against  these  unfair  trading  practices,  it  is  not  sufficient  that 
companies are exporting their products to the EU at dumped or subsidised prices. Measures 
can only be taken if these exports cause material injury to EU producers. 

Typical  indicators  of  injury  are  that  the  dumped  and/or  subsidised  import  volumes  increase 
over  a  certain  period  and  import  prices  undercut  the  sales  prices  of  the  EU  industry.  As  a 
consequence, the latter is forced to decrease production volumes and sales prices thus losing 
market  shares,  making  losses  or  having  to  make  employees  redundant.  In  extreme  cases, 
exporters may try to eliminate viable EU producers by using a predatory, below cost, pricing 
strategy.  In  any  event,  the  injury  analysis  requires  that  all  relevant  factors  be  taken  into 
account before deciding whether the EU industry is in fact suffering “material injury”. 

A further condition for the imposition of measures is the need for “a causal link”: the injury 
must  be  caused  by  the  dumping  or  the  subsidy.  This  condition  is  often  fulfilled  when  the 
injury to the EU industry coincides with the increase in dumped and subsidised imports. It is 
important to note that the dumped or subsidised imports do not have to be the only cause of 
the injury. 

2.1.1.3.  EU interest 

Finally,  it  has  to  be  established  whether  there  are  compelling  reasons  according  to  which 
measures would be contrary to the overall interest of the EU. In this respect, the interests of 
all relevant economic operators which might be affected by the outcome of the investigation 
must be taken into account. These interests typically include those of the EU industry, users, 
consumers and traders of the product concerned and the analysis assesses the positive impact 
measures will have on some operators as opposed to the negative impact on others. Measures 
should not be imposed only if it can be clearly concluded that their negative impact would be 
disproportionate,. 

2.1.2.  Procedure 

Investigations are carried out in accordance with the procedural rules laid down in the basic 
Regulations.  These  rules  guarantee  a  transparent,  fair  and  objective  proceeding  by  granting 
significant  procedural  rights  to  interested  parties.  In  addition,  the  results  of  an  investigation 

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are  published  in  the  Official  Journal,  and  the  EU  is  obliged  to  justify  its  decisions  in  this 
publication. Finally, it is ensured that each case is decided on its merits and the Commission 
does not hesitate to terminate a case if the conditions to impose measures are not met. 

Whereas each investigation is different depending on the products and countries involved, all 
cases  follow  the  same  procedural  rules.  However,  certain  preferential  rules  apply  to  any 
candidate countries. The rules relating to a new case are summarised below. 

Initiation 

A  case  normally  starts  with  a  sufficiently  substantiated  complaint  from  the  EU  industry 
manufacturing the same or a similar product to the one referred to in the complaint. Then, the 
Commission  assesses  whether  the  complaint  contains  sufficient  evidence  to  allow  for  the 
initiation  of  the  case.  A  case  is  opened  by  a  notice  of  initiation  published  in  the  Official 
Journal. In this notice, all interested parties, including users, exporting country authorities in 
anti-subsidy  investigations  in  particular  and,  where  appropriate,  consumer  organisations  are 
invited  to  participate  and  co-operate  in  the  proceedings.  Detailed  questionnaires  are  sent  to 
producers  in  the  exporting  countries,  in  anti-subsidy  investigations  also  to  the  exporting 
country authorities, and in the EU to the producers, traders (in particular importers) and other 
interested  parties,  such  as  users.  These  questionnaires  cover  all  different  conditions  to  be 
fulfilled,  i.e.  dumping/subsidy,  injury,  causation  and  EU  interest.  The  parties  are  also 
informed that they can request a hearing and ask for access to the non-confidential files which 
will help them defend their case. 

The investigation up to the provisional measures 

Following  receipt  of  the  replies  to  the  questionnaire,  investigations  are  carried  out  by 
Commission officials at the premises of the co-operating parties. 

The  main  purpose  of  these  visits  is  to  verify  whether  the  information  given  in  the 
questionnaires  is  reliable.  The  verified  information  is  subsequently  used  to  calculate  or 
determine  the  dumping  margin  and  the  injury  factors,  in  particular  the  price  undercutting 
margin  and  injury  elimination  level,  as  well  as  for  the  EU  interest  analysis.  The  respective 
calculations  and  analysis  often  involve  the  processing  of  thousands  of  transactions,  the 
complex  examination  of  production  costs  and  the  assessment  of  the  economic  situation  of 
numerous economic operators. 

The results of the calculations and other findings are summarised in a working document, on 
the  basis  of  which  it  is  decided  -  after  consultation  of  the  Member  States  in  the  Advisory 
Committee - whether to impose provisional measures, whether  to continue  the  investigation 
without proposing duties or whether to terminate the proceedings. In either eventuality, at this 
stage the decision is the Commission's responsibility. 

The investigation up to the definitive stage 

Following  the  publication  in  the  Official  Journal  of  a  Commission  regulation  imposing 
provisional duties, interested parties which so request receive a full disclosure which allows 
them  to  verify  the  Commission’s  findings  and  to  submit  comments.  Comments  can  also  be 
made at a hearing. These provisional submissions and comments are taken into account when 
a second, definitive, working document is prepared by the Commission. 

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After  final  disclosure,  assessment  of  comments  of  interested  parties  and  consultation  of  the 
Member  States  on  the  basis  of  the  second  working  document,  the  Commission  makes  a 
proposal to the Council whether or not to impose definitive measures. Another possibility is 
that  the  Commission  accepts  undertakings  offered  by  exporters,  which  undertake  to  respect 
minimum  prices.  In  the  latter  case,  no  duties  are  generally  imposed  on  the  companies  from 
which undertakings are accepted. 

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

Unless  the  Council  decides  by  a  simple  majority  not  to  adopt  the  Commission  proposal  for 
definitive  measures,  such  measures  are  imposed.  The  regulation  imposing  definitive  duties, 
and deciding on the collection of the provisional duties, is published in the Official Journal. 

In  view  of  the  findings  made,  it  may  also  be  decided  to  terminate  a  case  without  the 
imposition  of  measures.  The  same  procedure  (disclosure,  comments,  hearing,  working 
document) as described above applies. The termination of the case would generally be made 
by a Commission Decision after consultation of the Member States. 

Timing 

The procedure described above is subject to strict statutory time limits. A decision to impose 
provisional duties must be taken within nine months of the initiation and the total duration of 
an investigation is limited to fifteen months in anti-dumping cases and to thirteen months in 
anti-subsidy  cases.  This  leads  to  significant  time  constraints,  taking  into  account,  inter  alia, 
internal  consultations  and  the  necessity  to  publish  regulations  and  decisions  in  all  EU 
languages at the same time. 

Anti-dumping  or  countervailing  measures  will  normally  remain  in  force  for  five  years,  and 
may  consist  of  duties  or  undertakings  concluded  with  exporters.  Measures  are  taken  on  a 
countrywide  basis,  but  individual  treatment,  i.e.  the  application  of  a  company-specific  duty, 
can be granted to exporters which have co-operated throughout the investigation. During the 
five-year  period,  interested  parties  may,  under  certain  conditions,  request  a  review  of 
measures  or  the  refund  of  anti-dumping  duties  paid.  Measures  may  also  be  suspended  for  a 
certain period, subject to given criteria. 

2.1.3.  Review of measures 

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

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

During the five year life-time of measures, the Commission may perform an interim review. 
Under  the  latter  procedure,  the  Commission  will  consider  whether  the  circumstances  with 
regard  to  subsidy/dumping  and  injury  have  changed  significantly  or  whether  existing 

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measures are achieving the intended results in removing the injury. Since 20 March 2006, the 
deadline for concluding an interim review is set at 12 months, but no later than 15 months. 

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

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

2.1.4. 

Judicial reviews 

The procedural rights of the parties, including hearings and access to non-confidential files, 
are respected in the course of the proceeding, and a system of judicial review is in place to 
ensure  their  correct  implementation.  The  competence  to  review  anti-dumping  and  anti-
subsidy  cases  lies  with  the  General  Court  and  the  Court  of  Justice  in  Luxembourg. 
Furthermore, WTO members may recourse to the WTO dispute settlement mechanism. 

2.2. 

Safeguards 

2.2.1.  What are safeguard measures? 

Safeguard measures allow temporary protection against the adverse effects of import surges. 
Under  the  EU  legislation10  implementing  the  WTO  Safeguards  Agreement,  they  can  be 
applied under the following conditions: safeguard measures may be imposed if, as a result of 
unforeseen  developments,  a  product  is  being  imported  into  the  EU  in  such  increased 
quantities and/or on such terms and conditions as to cause, or threaten to cause, serious injury 
to  EU  producers  of  like  or  directly  competitive  products.  Safeguard  measures  may  only  be 
imposed to the extent and for such time as may be necessary to prevent or remedy the injury.  

2.2.2.  Procedure 

Investigations are carried out in accordance with the procedural rules laid down in the basic 
safeguard Regulations. These rules guarantee a transparent, fair and objective proceeding. In 
addition, the results of safeguard investigations are published in the Official Journal, and the 
EU is obliged to justify its decisions in this publication. 

Initiation 

The  Commission  is  informed  by  one  or  more  Member  States  should  trends  in  imports  of  a 
certain product appear to call for safeguard measures. This information must contain evidence 
available, of the following criteria: a) the volume of imports, b) the price of imports, c) trends 
in  certain  economic  factors  such  as  production,  capacity  utilisation,  stocks,  sales,  market 
share,  prices,  profits,  employment,  etc..  Where  there  is  a  threat  of  serious  injury,  the 
Commission must also examine whether it is clearly foreseeable that a particular situation is 
likely to develop into actual injury. 

This information is immediately passed on by the Commission to all other Member States, at 
which  stage  consultations  are  held  within  the  Advisory  Safeguard  Committee.  If  there  is 
sufficient evidence to justify an investigation, the Commission publishes a notice of initiation 

10 

Council Regulation (EC) No 260/2009 on common rules for imports (Codified version). 

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in  the  Official  Journal  within  one  month  of  receipt  of  the  information  and  commences  the 
investigation, acting in co-operation with the Member States. 

Provisional measures 

Provisional measures may be imposed at any stage of the investigation. They shall be applied 
in critical circumstances where delay would cause damage which would be difficult to repair, 
making  immediate  action  necessary,  and  where  a  preliminary  determination  provides  clear 
evidence that increased imports have caused, or are threatening to cause, serious injury. 

The duration of the provisional measures can, however, not exceed 200 days (i.e. six months). 

Definitive measures 

If,  at  the  end  of  the  investigation,  the  Commission  considers  that  definitive  safeguard 
measures are necessary, it will take the necessary decisions no later than nine months from the 
initiation  of  the  investigation,  at  which  stage  the  results  of  the  investigation  are  being 
published  in  the  Official  Journal.  In  exceptional  circumstances,  this  time  limit  may  be 
extended by a further maximum period of two months, provided a notice is published in the 
Official Journal specifying the duration of the extension and a summary of its reasons. 

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Safeguard  measures  shall  be  applied  only  to  the  extent  to  prevent  or  remedy  serious  injury, 
thereby maintaining as far as possible traditional trade flows. As to the form of the measures, 
the  EU  will  choose  the  measures  most  suitable  in  order  to  achieve  these  objectives.  These 
measures could consist of quantitative quotas, tariff quotas, duties, etc. 

Duration and review of the measures 

The duration of safeguard measures must be limited to the period of time necessary to prevent 
or  remedy  serious  injury  and  to  facilitate  adjustments  on  the  part  of  the  EU  producers,  but 
should  not  exceed  four  years,  including  the  duration  of  the  provisional  measures,  if  any. 
Under certain circumstances, extensions may be necessary but the total period of application 
of safeguard measures should not exceed eight years. 

If  the  duration  of  the  measures  exceeds  one  year,  the  measures  must  be  progressively 
liberalised at regular intervals during the period of application. If the duration exceeds three 
years, the Commission should seek consultations with the Advisory Safeguard Committee in 
order  to  examine  the  effects  of  the  measures,  to  determine  the  appropriateness  of  further 
liberalisation  and  to  ascertain  that  the  application  of  the  measures  is  still  necessary. 
Depending on the consultations, the measures may be revoked or amended. 

3. 

TDI MODERNISATION  

The  Trade  Commissioner's  portfolio  includes  the  mission  of  updating  and  modernising  the 
current system of the EU's trade defence instruments (TDI). 

The  last  substantial  revision  of  these  mechanisms  was  adopted  in  1995,  following  the 
Uruguay Round of negotiations, and the Commission's services felt a need for an examination 
of their efficiency and effectiveness. Therefore DG Trade has started looking into the subject 
and  launched  a  debate  for  the  Modernisation  of  the  trade  defence  instruments  in  October 
2011. 

In the first phase, when preparing the public consultation, the Commission services were inter 
alia drawing on the results of an evaluation study on the EU's trade defence (conducted by an 
external  contractor  and  published  in  March  2012)  but  also  on  a  number  of  interviews  with 
experts  in  the  field.  Both  those  initiatives,  jointly  with  DG  Trade's  experience  in  the  daily 
administration  of  the  instruments,  allowed  a  broader  comprehension  of  the  practical  issues 
and  served  as  a  basis  for  the  preparation  of  the  public  consultation  document.  The  public 
consultation,  published  in  Spring  2012,  aims  at  involving  all  stakeholders  including 
producers, importers, exporters, business organisations, Member States in the process. 

The ideas indentified and put forward in the public consultation have been grouped around 6 
broader themes which are: 

1. Further increase of transparency and predictability: Transparency and predictability are, for 
all stakeholders, of the utmost importance, not least because this will facilitate their planning 
and decision making. Therefore, improved transparency and predictability are top of the list 
of priorities in the modernisation process. 

2.  Fight  against  retaliation:  Fear  of  retaliation  is  a  serious  and  increasing  obstacle  to  an 
effective  use  of  trade  defence  instruments  by  EU  industry.  For  example,  authorities  of 

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exporting countries exercise undue pressure on European companies in order to prevent them 
from  lodging  anti-dumping  or  anti-subsidy  complaints.  Addressing  this  issue  is  of  primary 
importance for the operation of the instruments. 

3. Effectiveness and enforcement: TDIs are essentially directed against unfair trade while at 
the same time taking into account the interests of users. A number of investigation practices 
and rules could be further strengthened to improve the effectiveness of the instruments. 

4.  Facilitate  cooperation:  good  quality  investigations  usually  depend  on  the  cooperation  of 
interested  parties.  However,  cooperation,  in  particular  in  the  area  of  Union interest,  is often 
very weak. DG Trade has already streamlined the information requirements and has screened 
procedural  rules  and  the  investigation  schedule,  in  order  to  identify  changes  that  could 
facilitate the cooperation of interested parties without compromising on the overall duration 
and quality of investigations. 

5. Optimizing review practice: the review practice has been screened and a number of aspects 
have  been  identified  which  could  be  fine-tuned  in  order  to  better  meet  the  objectives  and 
purpose of reviews. 

6.  Codification:  in  order  to  make  the  EU  legislation  more  clear  or  to  make  necessary 
amendments  following  ECJ  or  WTO  jurisprudence  some  technical  changes  are  also 
suggested. 

After gathering the questionnaires submitted through the public consultation, the Commission 
will carry out an impact assessment. In this manner, it will addres all significant impacts on 
all  stakeholders  involved.  Moreover,  this  would  also  explain  if  and  why  the  EU  needs  a 
legislative  proposal  to  modernise  its  trade  defence  instruments.  Any  Commission  proposal 
will not be adopted before November/December 2012. 

4. 

COUNTRY-WIDE MARKET ECONOMY STATUS (MES) 

A  normal  anti-dumping  investigation  can  only  be  conducted  if  costs  and  prices  are  reliable 
and the result of market forces. There are five criteria to determine whether a country can be 
considered a full market economy for the purpose of anti-dumping investigations (according 
to Article 2 (7) of the basis antidumping Regulation). These criteria are:  

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

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

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

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

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

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

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

2011  saw  the  continued  evaluation  of  four  of  the  six  requests  for  country-wide  MES  from 
China, Vietnam, Armenia, Kazakhstan, Mongolia and Belarus. All countries, except Belarus 
and  Armenia,  continued  to  provide  additional  information  in  support  of  their  claims 
throughout  the  year  and  their  requests  are  at  various  stages  of  progress.  In  2010  the 
consultations  with  the  authorities  of  the  Republic  of  Belarus  were  put  on  hold  due  to  the 
political situation in the country and the situation remained unchanged in 2011. In June 2010 
additional  questions  on  further  developments  in  their  progress  towards  MES  were  sent  to 
Armenia.  However,  by  the  end  of  2011  still  no  new  information  had  been  sent  to  the 
Commission by the Armenian authorities.  

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

4.1. 

China 

China  is  undoubtedly  the  most  important  MES  applicant  country  and  the  first  of  the  six 
countries to have requested this status. 

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

At the working group meeting in Brussels in November 2011, both parties discussed China's 
progress in the area of Intellectual Property Rights and Anti-monopoly law. In 2011 the study 
on the accounting practices in the People’s Republic of China was finalised. As a result of the 
lack of cooperation by the Chinese authorities for this jointly agreed study, the results of the 
study were unfortunately only partial and insufficient to make sound conclusions on China's 
progress in this field.  

The Commission will continue their evaluation in close cooperation with relevant Chinese's 
authorities.  

4.2. 

Vietnam 

The EU-Vietnam MES working group meeting took place in Brussels in December 2011. The 
Vietnamese authorities provided additional information to the Commission on the outstanding 
four  criteria  (Vietnam  were  considered  to  have  fulfilled  the  first  criteria  above  in  2010). 
Vietnam agreed to send additional information on issues raised during the meeting. However, 
by the end of 2011 no further information had been sent to the Commission by Vietnam. A 
third assessment report is expected in 2012. 

4.3. 

Armenia 

There was no progress on Armenia's MES request during 2011. The first assessment report on 
Armenia's MES request was transmitted to the Armenian authorities early in 2010. The report 
had  concluded  that  Armenia  made  good  progress  in  certain  areas  fulfilling  two  of  the  five 

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criteria for MES, nos. i and v above. The Commission services followed this with a series of 
questions  to  the  Armenian  authorities  in  June  2010  in  order  to  have  information  on  further 
developments in their progress towards becoming a fully fledged market economy. However, 
by the end of 2011 no new information had been sent to the Commission from Armenia.  

4.4. 

Kazakhstan 

As  a  follow-up  of  DG  Trade's  assesment  of  Kazakhstan's  progress  towards  fulfilling  the 
market economy status criteria in 2010, a Note Verbale was sent to the Kazakhstan authorities 
setting  out  the  main  problems  regarding  the  5  MES  criteria.  Since  then  no  reaction  was 
received  from  the  Kazakstani  authorities.  While  it  was  agreed  already  in  2010  to  jointly 
develop a road map setting out the next steps to be taken on MES, no progress on such a map 
was made in 2011. The Commission remains committed to developing such a road map once 
the Kazakhstan authorities consider it timely to do so.  

4.5.  Mongolia 

At the end of 2010 the Commission sent questions to the Mongolian authorities, in order to 
make  further  progress  on  the  MES  assessment  report.  Information  was  submitted  by  the 
Mongolian authorities in Spring 2011 and a working group meeting took place in Ulan-Bator 
in  September  2011  to  verify  the  replies  received  and  clarify  outstanding  issues.  Work 
continued on this file during 2011 including the ongoing collection and analysis of data.  

4.6. 

Belarus 

In 2011 no progress was made on the MES file. The Commission had decided already in 2010 
to  put  the  consultations  with  the  authorities  of  the  Republic  of  Belarus  on  hold  due  to  the 
political situation in the country. As soon as the situation in Belarus changes the Commission 
is ready to continue the MES analysis. 

5. 

INFORMATION AND COMMUNICATION ACTIVITIES / BILATERAL CONTACTS 

5.1. 

Small and medium sized enterprises (SMEs) 

In  2011,  the  Commission  published  the  "Paper  on  Actions  to  Address  the  Difficulties 
Encountered  by  SMEs  Involved  in  Trade  Defence  Instruments".  It  contains  a  number  of 
concrete actions which could be easily implemented to better assist SMEs in all areas of trade 
defence and on which a certain degree of convergence could be achieved with Member States. 
This  paper,  which  was  based  on  the  results  of  the  study  carried  out  by  an  independent 
contractor  in  2010,  was  discussed  with,  and  approved  by,  the  Member  States  in  2011.  The 
objective of the study was to identify the needs of SMEs in the 27 EU Member States when 
submitting a complaint or participating in trade defence investigations as an importer or user 
or as an exporter in investigations initiated by third countries. The study had been launched by 
the  Commission  given  the  important  role  that  SMEs  have  in  the  EU's  economy  and  the 
difficulties they face in participating in trade defence investigations. 

The  Trade  Defence  Helpdesk  for  SMEs  was  set  up  in  December  2004  in  view  of  the 
complexity  of  TDI  proceedings,  especially  for  SME's,  because  of  their  small  size  and  their 
fragmentation.  Its  role  is  to  address  specific  SME  questions  and  problems  regarding  TDIs, 
both of a general nature or case-specific. A part of the TDI website is dedicated to SMEs, and 
refers to the Trade Defence Helpdesk contact points.  

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In  2011  these  contact  points  received  many  requests  for  information,  from  importers, 
exporters  and  potential  complainants/applicants.  The  number  of  queries  remained  overall 
stable in comparison to the previous year. These requests, which were all dealt with promptly, 
concerned both the procedures and substance of TDI proceedings. 

5.2. 

Bilateral contacts/information activities – industry and third countries 

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

There  were  several  meetings  with  key  stakeholder  associations  and  companies  in  2011, 
including with Business Europe and Eurocommerce.  

A seminar on trade defence for officials from third countries took place in 2011. In addition, 
there were a number of bilateral contacts dedicated to discussing various trade defence related 
topics with a number of third countries including China, Korea, Turkey and Australia held in 
2011. 

6. 

THE HEARING OFFICER 

The  principal  task  of  the  Hearing  Officer  is  to  safeguard  the  effective  exercise  of  rights  in 
trade  proceedings  before  the  European  Commission.  The  rights  of  defence  include  not  only 
the  right  to  be  heard  and  to  have  access  to  the  file  but  comprises  a  wider  set  of  rights 
described in the EU Charter of Fundamental Rights as follows: the right of every person (i) 
"to  be  heard,  before  any  individual  measure  which  would  affect  him  or  her  adversely  is 
taken", (ii) "to have his or her affairs handled impartially, fairly and within a reasonable time" 
and  (iii)  "to  have  access  to  his  or  her  file,  while  respecting  the  legitimate  interests  of 
confidentiality  and  of  professional  and  business  secrecy".  The  Hearing  Officer  shall  advise 
the  member  of  the  Commission  responsible  for  trade  policy  and  where  appropriate  the 
Director General concerning the follow-up of his recommendations and, when necessary, on 
possible remedies. 

The Hearing Officer acts independently and is now attached, for administrative purposes, to 
the  Commissioner  for  Trade.  In  2011,  the  Hearing  Officer  was  attached  to  the  Director 
General of DG Trade.  

The formal mandate of the Hearing Officer was published early in 201211.  

In  2011  the  Hearing  Officer  had  81  interventions  in  35  trade  defence  cases  and  held  26 
hearings out of which 4 were joint hearings of parties with similar interests. The interventions 
were requested by exporting producers in third countries, by the Union industry, by users and 
importers as well as by Governments of third countries. He intervened on issues covering all 
stages  of  the  investigation  and  made  a  number  of  recommendations  to  the  Commission 
services  with  the  aim  of  strengthening  the  rights  of  defence.    The  recommendations  of  the 
Hearing Officer were largely followed in 2011.  

The main issues that the Hearing Officer faced in 2011 can be grouped in three categories (i) 
content and quality of disclosure (ii) access to files and quality of non-confidential files and 
(iii) disagreement with determinations, findings and conclusions.  

11  

OJ L 107, 19.04.2012, p.5 

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Content and quality of disclosures 

The  content  and  quality  of  disclosure  remains  one  of  the  major  subjects  of  intervention 
requests. The Hearing Officer continued to recommend that the Services provide, as detailed 
and  as  early  as  possible,  disclosure  documents  in  order  to  enable  the  parties  to  exercise 
effectively  their  rights  of  defence.  Where  parties  complained  about  insufficient  analysis  of 
arguments  and  submissions,  the  Hearing  Officer  ensured  that  the  matter  was  addressed  in 
detail  in  an  additional  disclosure  or  in  the  relevant  Regulation.  Interventions  relating  to 
requests for additional disclosure of specific data and figures are usually complex and aim at 
finding  an  adequate  balance  between  the  obligation  of  the  Commission  not  to  divulge 
business secrets and the right to information of interested parties. In cases where the risk of 
breaching  confidentiality  rules  by  disclosing  more  was  considered  too  high,  the  Hearing 
Officer ensured that the methodology used to arrive at the findings was explained in detail. In 
some  cases,  the  Hearing  Officer  reviewed  the  confidential  information  and  calculations  in 
order to give the party additional assurance regarding the findings.  

Access to files – Quality of non-confidential files 

In principle, all interested parties involved in an investigation are allowed access to the non-
confidential  file.  In  some  cases,  parties  questioned  the  meaningfulness  and  completeness  of 
the non-confidential file and requested the Hearing Officer's intervention. The requests mainly 
related  to  the  quality  of  non-confidential  summaries  of  complaints  or  questionnaire  replies 
and  to  the  need  to  apply  consistent  rules  to  all  parties.  The  Hearing  Officer  observed 
improvements in the overall quality of the files after his interventions.  

Another matter of concern was the requests for confidential treatment regarding the identities 
of  interested  parties.  These  requests  were  based  on  to  fears  of  commercial  retaliation  and 
subsequent complaints by other parties alleging infringement of their rights of defence due to 
insufficient  evidence  of  retaliation.  Such  requests  decrease  transparency  and  may  prevent 
other  interested  parties  from  submitting  arguments  in  their  defence,  which  they  would  have 
otherwise  submitted.  However,  the  Hearing  Officer  recognizes  that  alleged  retaliation  is  of 
such nature that compelling evidence of its existence may not be obtainable. A recent WTO 
Appellate Body  Report concluded  that this issue has to be assessed on a case by case basis 
regarding the kind of supporting evidence which can be considered sufficient for treating the 
complainants'  identity  confidential.  The  Report  also  confirmed  the  consistency  of  the  EU 
practice with WTO rules in that particular case. The Hearing Officer therefore recommended 
the Commission Services in a particular case to encourage parties to explain and substantiate 
their  claim  for  confidential  treatment  of  their  identity  in  detail  and  to  address  the  issue 
comprehensively in the disclosure document and in the Regulation.  

Disagreement with determinations, findings and conclusions 

In a number of cases parties disagreed either with certain determinations, e.g. the initiation of 
a case; objected the Commission's findings and conclusions, such as the selection of a sample, 
MET-decisions declaring parties as non-cooperating or the definition of the Union industry. 
The  Hearing  Officer  organised  hearings,  ensured  that  parties  were  fully  informed  about 
procedural rules and that comments and arguments of the parties were heard and replied to in 
the  disclosure  document  and  the  Regulation.  Some  cases  were  terminated  or  findings  were 
modified as a result of the arguments put forward.  

SME Policy 

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As a result of a study carried out in 2010 on how to assist SMEs in – inter alia - trade defence 
investigations a set of concrete measures was identified. One of these measures was to include 
in the Hearing Officer's report a section describing the problems related to SMEs for which 
his intervention was requested and the solutions that were eventually found. 

In 2011, SME related problems appeared in one case in which numerous SMEs were affected 
as users and downstream users of the product under investigation. Many of these companies 
did not register in time as interested parties since they became aware of the proceeding only 
when provisional measures  were  imposed. It was argued that this is a particular problem of 
SMEs  since  these  companies  often  do  not  have  the  adequate  resources  and  capabilities  to 
actively follow TDI issues and therefore fail to make themselves known in time and cooperate 
in  the  proceeding.  The  Hearing  Officer  agreed  to  hear  all  the  companies  that  came  forward 
and  conducted  two  joint  hearings.  All  parties  were  satisfied  with  the  open  approach  but  the 
fundamental  problem  described  by  the  companies  remained  unsolved.  The  nature  of  the 
problem  requires  identifying  SMEs  as  early  as  possible  in  the  proceeding.  The  Hearing 
Officer therefore considers two of the other measures which have been identified as crucial, 
(i) the readiness of the Commission Services to endeavour identifying SMEs involved in TDI 
investigations  and  (ii)  the  intention  to  foster  the  role  of  Member  States  as  'interface'  by  an 
increased focus on SMEs within the ministerial departments dealing with TDI.  

In addition, the Hearing Officer encourages all parties to identify themselves as SMEs when 
contacting the Hearing Office or the investigation services. 

7. 

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

The number of new investigations initiated in 2011 increased in comparison to the previous 
year, 21 compared to 18. The number of definitive measures imposed increased by more than 
one third while the number of provisional measures imposed in 2011 decreased by almost a 
quarter compared to 2010. Below are details on new investigations and review investigations. 

7.1. 

New investigations 

At the end of 2011, the EU had 117 anti-dumping measures and 10 countervailing measures in 
force12. The anti-dumping measures covered 62 products and 27 countries (see Annex O); the 
countervailing measures covered 6 products and 7 countries (see Annex P). Of the measures, 
the  large  majority  was  in  the  form  of  duties;  however,  in  a  number  of  cases,  undertakings 
were accepted. 

Of  the  117  anti-dumping  measures  in  force  at  the  end  of  2011  the  main  countries  affected 
were China (53), India and Thailand (7 each), Ukraine Russia and Taiwan (5 each), Indonesia, 
Korea  and  Malaysia,  (4  each)  and  Belarus,  and  USA  (3  each).  Of  the  10  anti-subsidy 
measures  in  place  the  majority  concern  imports  from  India  –  5  in  total,  with  imports  from 
China, Iran, Pakistan, United Arab Emirates, USA and Canada (1 each).  

Regarding  the    anti-dumping  measures  one  has  to  look  at  the  trade  volume  of  the  products 
concerned,  which  varies  considerably  depending  on  the  sector  concerned.  The  largest  trade 
volumes  are  often  generated  by  high  technology,  such  as  electronics,  which  are  high-value 

12 

The measures are counted per product and country concerned. 

EN 

21 

   EN 

 
                                                 
products.  It  should  be  noted  that  in  2011,  only  0.25%13  of  total  imports  into  the  EU  was 
affected  by  anti-dumping  or  anti-subsidy  measures.  Table  1  below  provides  statistical 
information on the new investigations for the years 2007 – 2011. 

TABLE 1 

Anti-dumping and anti-subsidy new investigations 

during the period 1 January 2007 - 31 December 201114 

2007 

2008 

2009 

2010 

2011 

Investigations  in  progress  at  the  beginning  of 
the period 

33 

20 

26 

25 

24 

Investigations initiated during the period 

Investigations in progress during the period 

9 

42 

20 

42 

21 

47 

18 

43 

21 

45 

Investigations 

concluded 

:

imposition  of  definitive  duty  or 

- 
acceptance of undertakings 

12 

16 

11 

9 

- 

terminations15 

10 

3 

11 

10 

Total  investigations  concluded  during  the 
period 

22 

19 

22 

19 

Investigations in progress at the end of period 

20 

Provisional  measures 
period 

imposed  during 

the 

12 

26 

5 

25 

10 

24 

13 

13 

11 

24 

21 

10 

7.2. 

Review investigations 

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

13 
14 

15 

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

EN 

22 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
Also anti-subsidy measures may be subject, under the basic Regulation, to five different types 
interim  reviews  (Article  19),  absorption 
of  reviews:  expiry  reviews  (Article  18), 
investigations  (Article  19(3)),  accelerated  reviews  (Article  20)  and  circumvention 
investigations (Article 23). 

These  reviews  continue  to  represent  a  major  part  of  the  work  of  the  Commission's  TDI 
services. In the period from 2007 to 2011, a total of 153 review investigations were initiated. 
These review investigations represented 63% of all investigations initiated in that period. 

In  2011,  24  reviews  were  initiated.  Of  these,  8  were  expiry  reviews,  9  interim  reviews,  2 
newcomer reviews, 2 other reviews and 3 circumvention investigations. 

An overview of the review investigations in 2011 can be found in Annexes F to K. Table 2 
provides statistical information for the years 2007 – 2011. 

TABLE 2 

Reviews of anti-dumping and anti-subsidy investigations 

during the period 1 January 2007 - 31 December 201116 

Reviews in progress at the beginning of the 
period 

2007 

2008 

2009 

2010 

2011 

52 

46 

32 

33 

34 

Reviews initiated during the period 

Reviews in progress during the period 

Total reviews concluded during the period17 

Reviews in progress at the end of the period 

41 

93 

47 

46 

23 

69 

37 

32 

34 

66 

33 

33 

31 

64 

30 

34 

24 

58 

37 

21 

8. 

OVERVIEW OF ACTIVITIES IN 2011 

8.1. 

New investigations 

8.1.1. 

Initiations 

In  2011,  17  new  anti-dumping  investigations,  4  new  anti-subsidy  investigations  and  no 
safeguard  investigations  were  initiated  in  the  period.  The  anti-dumping  investigations 
involved  14  different  products  from  9  different  countries.  The  anti-subsidy  investigations 
involve  3  products  from  4  different  countries.  Details  of  these  investigations  are  given  in 
Annex  A.  The  country  most  affected  by  the  anti-dumping  investigations  is  China  with  8 
investigations,  India  2  investigations  and  1  investigation  each  opened  concerning  Belarus, 

16 

17 

The initiation of a case concerning several countries is accounted as separate investigations/proceedings 
per country involved. 
Investigations  which  were  conducted  and  concluded  under  the  specific  provisions  of  the  Regulation 
imposing the original measures are not counted as there was no publication of the initiation. 

EN 

23 

   EN 

 
 
                                                 
Kazakhstan, Oman, Russia, Saudi Arabia, Turkey and U.S.A.. The main sector concerned by 
these new cases is chemicals.  

In the five-year period from 2007 to 2011, 89 investigations were initiated on imports from 22 
countries.  The  main  sectors  concerned  by  the  investigations  included  iron  and  steel  –  30 
investigations,  chemical  and  allied  -  29  investigations,  ,  other  metals  –  6  investigations  and 
electronics  -  3  investigations,  wood  and  paper  –  2  investigations,  other  mechanical 
engineering – 2 investigations. A breakdown of the product sectors is given in Annex B(A). 

The  main  countries  concerned  during  the  period  from  2007  to  2011  include  the  People's 
Republic  of  China  with  37  investigations,  India  8,  USA  7,  Thailand  4,  Belarus,Turkey  and 
Malaysia  with  3  each,  Bosnia  &  Herzegovina,  Iran,  Korea,  Oman,  Pakistan,  Russia,  Saudi 
Arabia,  Taiwan  and  U.A.E.  with  2  each  Armenia,  Brazil,  Indonesia,  Kazakhstan,  Moldova 
and  Ukraine  with  1  each.  A  table  showing  all  the  investigations  initiated  over  the  last  five 
years broken down by country of export is at Annex B(B). 

The  list  of  cases  initiated  in  2011  can  be  found  below,  together  with  the  name  of  the 
complainant. More information can be obtained from the Official Journal to which reference 
is given in Annex A. 

Product 

Country of origin  Complainant 

Oxalic acid 

Polyethylene terephthalate (PET) 

India 
P.R. China 

Oman 
Saudi Arabia 

Sodium cyclamate 
Soy protein products (certain concentrated) 

Stainless steel fasteners 

P.R. China 
P.R. China 

India 

Seamless pipes and tubes of iron or steel (certain)  Belarus 

Woven and/or stitched glass fibre fabrics 

P.R. China 

Tartaric acid 

P.R. China 

Aluminium radiators  

P.R. China 

European Chemical 
Industry Council 
(CEFIC) 

Committee of 
Polyethylene 
Terephthalate (PET) 
Manufacturers in 
Europe (CPME) 

Productos Aditivos SA 

Solae Europe S.A. 

European Industrial 
Fasteners Institute 
(EIFI) 

Defence Committee of 
the seamless steel tubes 
industry of the EU 

Glass Fibre Fabrics 
Defence Coalition 
(GFFDC) 

Distillerie Bonollo SpA, 
Industria Chimica 
Valenzana SpA, 
Distillerie Mazzari SpA, 
Caviro Distillerie S.r.l. 
and Comercial Quimica 
Sarasa s.l. 

International 
Association of 
Aluminium Radiator 

EN 

24 

   EN 

 
Tube and pipe fittings of iron or steel 

Bioethanol 
White phosphorous 

Aluminium foil 

Organic coated steel products 

Polyethylene terephthalate (PET) (AS) 

Russia 
Turkey 

U.S.A. 
Kazakhstan 

P.R. China 

P.R. China 

Oman 
Saudi Arabia 

Stainless steel fasteners (AS) 

India 

Bioethanol (AS) 

U.S.A. 

Manufacturers Limited 
Liability Consortium 
(AIRAL S.c.r.l) 

Defence Committee of 
the Steel Butt-Welding 
Fittings Industry of the 
European Union 

ePure 

Thermphos International 
BV 

Eurometaux 

Eurofer 

Committee of 
Polyethylene 
Terephthalate (PET) 
Manufacturers in 
Europe (CPME) 

European Industrial 
Fasteners Institute 
(EIFI) 

ePure 

8.1.2.  Provisional measures 

In  2011,  provisional  duties  were  imposed  in  10  anti-dumping  proceedings.  There  were  no 
provisional anti-subsidy measures imposed. The AD measures involved imports of 7 products 
and  covering  6  countries.  As  shown  in  Table  1  (see  point  7.1),  this  figure  compares  to  13 
provisional measures imposed in 2010 and 10 in 2009. 

The list of cases where provisional measures were imposed during 2011 can be found below, 
together  with  the  measure(s)  imposed.  More  information  can  be  obtained  from  the  Official 
Journal to which reference is given in Annex C. 

Product 

Originating from  Type18 and level of measure 

Ring binder mechanisms 
Glass  fibres  (certain  open  mesh 
fabrics) 
Ceramic tiles 

Thailand 
P.R. China 

P.R. China 

Fatty alcohols and their blends 

India 

Ad Duty of 17.2% 

AD duties ranging from 48.4% – 
62.9% All others rate 62.9% 

AD  Duties  ranging  from  26.2% 
- 
Co-operating 
companies not in sample 32.3% 

36.6% 

All others rate 73%  

AD Duties ranging from 4.8% - 

18 

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

EN 

25 

   EN 

 
 
 
 
                                                 
Indonesia 

9.3% 

Malaysia 

AD Duties ranging from 4.3% - 
6.3% Other rate 7.6% 

Seamless  pipes  and 
stainless steel 

tubes  of 

P.R. China 

Vinyl acetate 

U.S.A. 

Oxalic acid 

India 

P.R. China 

8.1.3.  Definitive measures 

AD  Duties  ranging  from  5  – 
5.3% Other rate 13.8% 

Ad Duties ranging 48% - 71.5% 

Co-operating  companies  not  in 
sample 56.6% 

All others 71.5% 

AD  Duties  ranging  from  12.1% 
- 13.8% 

All others 13.8% 

AD  Duties  22.8%  others  rate 
43.6% 

AD  Duties  ranging  from  14.6% 
- 37.7%; All others rate 52.2% 

During  2011,  definitive  duties  were  imposed  in  11  anti-dumping  investigations  and  2  anti-
subsidy cases. They involved imports from 6 different countries and covered 10 products. The 
People’s  Republic  of  China  featured  with  6  anti-dumping  measures  and  1  anti-subsidy 
measure,  with  Bosnia  and  Hertzegovina,  Thailand,  Indonesia,  and  Malaysia  with  1  anti-
dumping measure each and India with 1 anti-dumping and 1 anti-subsidy measure. 

The list of cases where definitive measures were imposed during 2011 can be found below, 
together  with  the  measure(s)  imposed.  More  information  can  be  obtained  from  the  Official 
Journal to which reference is given in Annex D.  

Product 

Originating from 

Type19 and level of measure  

Continuous  filament  glass 
fibre products 

P.R. China 

Melamine 

P.R. China 

AD  –  Duty  of  7.3%  -  All 
others rate 13.8% 

AD duty: Minimum import 
price. All others rate: EUR 
415/tonne  

Zeolite A powder 

Bosnia 
Herzegovina 

and 

AD duty of 28,1% 

Coated fine paper 

P.R. China 

AD/CVD duties of 20%-39,1%

19 

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

EN 

26 

   EN 

 
 
 
 
 
                                                 
Glass  fibres  (certain  open 
mesh fabrics)  

P.R. China 

All other companies 39,1% 

AD duty of 48,4%-62,9%  

All other companies 62,9% 

Ring binder mechanisms 

Thailand 

AD duty of 16,3%  

Ceramic tiles 

P.R. China 

Fatty  alcohols  and 
blends 

their 

India 
Indonesia 
Malaysia 

Stainless steel bars 

India 

Seamless pipes and tubes of 
stainless steel 

P.R. China 

AD duty of 26,3%-36,% 

All other companies 69,7% 

AD duty of 35,19%-61,01%  

All  other  companies  61,01%-
86,99% 

CVD duty of 3,3%-4,3% 

All other companies 4,3% 

AD duty of 48,3%-71,9% 

All other companies 71,9% 

8.1.4.  Details on individual cases  

Zeolite A powder originating in Bosnia and Herzegovina  

The investigation was initiated in February 2010 following a complaint lodged by Industrias 
Quimicas del Ebro SA, MAL Magyar Aluminium, PQ Silicas BV, Silkem d.o.o. and Zeolite 
Mira srl Unipersonale representing the EU industry. The investigation period ('IP') ran from 1 
January 2009 to 31 December 2009 and injury was considered over the period 1 January 2005 
to the end of the IP. The product concerned was zeolite A powder, also referred to as zeolite 
NaA  powder  or  zeolite  4A  powder.  Provisional  anti-dumping  duties  were  imposed  in 
November 2010. 

Dumping  

In  the  absence  of  representative  domestic  sales  the  normal  value  was  constructed.  To 
construct the normal value, the selling, general and administrative (SG&A) expenses incurred 
and  the  weighted  average  profit  realised  by  each  of  the  cooperating  exporting  producers  on 
domestic  sales  of  the  like  product,  in  the  ordinary  course  of  trade,  during  the  investigation 
period,  was  added  to  their  own  average  cost  of  production  during  the  investigation  period. 
Since  all  exports  to  the  Union  were  made  via  a  related  importer,  the  export  price  was  also 
constructed. This was done on the basis of the resale price to independent customers. In the 
absence of cooperation by unrelated importers in the investigation, a reasonable profit margin 
of  5  %  was  used,  based  on  information  obtained  from  users  who  also  imported  the  product 
concerned in the IP. The comparison between normal value and export prices was made on an 
ex-works level with allowances being made for certain costs including transport, freight and 

EN 

27 

   EN 

 
 
insurance  costs,  bank  charges,  packing  costs  and  credit  costs.  This  resulted  in  a  dumping 
margin of 28,1%. 

Injury  

Sampling was applied to the EU producers with the five largest companies being selected for 
the sample. Imports of Zeolite A increased by 359 % between 2005 and the IP, resulting in an 
increase in market share from below 5% to between 10-15% in the same period. The prices of 
the dumped imports were found to undercut the European producers by between 20-25%.  

During  the  period  used  to  assess  injury,  all  indicators  on  the  situation  of  the  EU  industry 
decreased,  such  as  production  (-14%),  capacity  utilisation  (-14%),  sales  volume  (-18%), 
market  share  (-11%)  and  productivity  (-14%).  Profitability,  cash  flow,  and  return  on 
investment  all  deteriorated  over  the  period  2005-2008.  2008  was  a  particularly  serious  year 
for the industry mainly because the companies lost more than 20 % of their sales volume. In 
2009  the  market  situation  eased  and  prices  increased  enabling  an  improved  profitability 
situation but it was temporary and unlikely to be repeated. In  2009 the profitability rate did 
not reach the 5,9% deemed as a normal profit for this industry. It was therefore concluded that 
there was evidence of injury to the EU industry. 

Causation  

The  coincidence  in  time  between  the  surge  of  dumped  imports  and  the  deterioration  in  the 
situation of the EU industry was found to be a clear indication that the injury was caused by 
dumped imports. A number of factors other than the dumped imports were examined but none 
of these could explain the serious losses in market share, production and sales volume which 
occurred in 2008 and 2009.  

EU Interest  

The Commission carefully examined the interests of EU producers, importers and consumers 
in  order  to  determine  whether  it  was  in  the  interest  of  the  EU  to  impose  measures.  It  was 
expected that the Union industry would clearly be in a position to benefit from measures since 
they could benefit from increased economies of scale because of a higher capacity utilization 
due  to  an  increase  in  production  and  sales.  In  addition,  it  would  not  affect  the  Union  users 
significantly so overall it was considered to be in the Union interest. 

Measures  

Definitive measures were imposed on 11 May 2011, based on the level of the dumping found. 
In the course of the investigation, the exporting producers offered a price undertaking which 
the Commission accepted.  

Coated fine paper originating in the People's Republic of China (AD) 

The proceeding was initiated in February 2010 following a complaint lodged by CEPIFINE, 
the  European  association  of  fine  paper  manufacturers  representing  the  EU  industry.  The 
investigation  period  ('IP')  ran  from  1  January  2009  to  31  December  2009  and  injury  was 
considered over the period 1 January 2006 to the end of the IP. The product concerned was 
coated fine paper ('CFP') which is paper or paperboard coated on one or both sides (excluding 
kraft  paper  or  kraft  paperboard),  in  either  sheets  or  rolls,  and  with  a  weight  of  70  g/m2  or 
more but not exceeding 400 g/m2 and brightness of more than 84 (measured according to ISO 

EN 

28 

   EN 

 
2470-1),  originating  in  the  People's  Republic  of  China  ('PRC').  Provisional  anti-dumping 
duties were imposed in November 2010. 

Dumping 

Since the two exporting groups that came forward represented the total exports of the product 
concerned  from  the  PRC  to  the  Union,  sampling  was  not  necessary.  Only  one  exporting 
producer  group  requested  market  economy  treatment  (MET)  and  both  exporting  producer 
groups claimed individual treatment (IT). MET was not granted but both groups were granted 
IT.  

Given that none of the groups  had been granted MET, the normal value was established on 
the  basis  of  an  analogue  country,  the  USA.  Where  export  sales  to  the  Union  were  made 
through related trading companies outside the Union, the export price was established on the 
basis of the prices of the product when sold by the related trading companies to the Union, i.e. 
to an independent buyer. Where export sales to the Union were made through the one related 
trading company inside the Union, export prices were constructed on the basis of the prices at 
which  the  imported  product  was  first  resold  to  independent  customers  in  the  Union.  The 
comparison  between  normal  value  and  export  price  was  made  on  an  ex-works  basis  with 
adjustments made to take account of costs such as transport and insurance costs, credit costs, 
year-end  rebates,  commissions,  quality  claims  and  bank  handling  charges.  This  resulted  in 
margins ranging from 43,5% to 63% for the companies granted individual treatment. 

Injury  

Given  that  only  four  Union  producers  came  forward,  representing  61%  of  total  production, 
sampling  was  not  necessary.  The  volume  of  total  imports  from  the  PRC  increased 
dramatically,  almost  tripling  over  the  period  considered.  As  a  result,  their  market  share 
increased  significantly  from  approx.  1  %  in  2006  to  over  4  %  in  the  IP.  This,  against  the 
background  of  decreasing  consumption  which  dropped  by  14  %  during  the  same  period. 
During the IP, the dumped product undercut the Union producers’ sales prices on average by 
7,6 %. 

The investigation has shown that most of the injury indicators such as production volume (– 
20 %), capacity utilisation (– 10 %), sales volume to unrelated customers on the Union market 
(– 19 %), market share (– 5 percentage points) deteriorated during the period considered. In 
addition, the injury indicators related to the financial performance of the cooperating Union 
producers  such  as  return  on  investment  and  profitability  were  seriously  affected  until  2008. 
While  there  was  a  sudden  increase  of  the  profitability  in  the  IP,  this  was  due  purely  to  the 
temporary and exceptional drop of world pulp prices in the IP. It is noted that even during the 
IP the profitability rate was very low and was not considered to be altering the conclusion that 
the  cooperating  Union  producers  were  in  a  very  weak  financial  position.  It  was  therefore 
concluded that there was evidence of injury to the EU industry.  

Causation  

The  increase  in  volume  and  market  share  of  the  low-priced  dumped  imports  from  the  PRC 
coincided  with  an  overall  decrease  of  the  demand  on  the  Union  market  and  also  with  the 
negative development in the market share of the Union producers during the period between 
2006  and  the  IP.  At  the  same  time  a  negative  development  in  the  main  indicators  of  the 
economic  and  financial  situation  of  the  Union  industry  was  observed.  The  effect  of  other 
factors was not found to be a cause of the injury suffered by the EU industry. 

EN 

29 

   EN 

 
EU Interest  

The Commission carefully examined the interests of EU producers, importers and traders, and 
users in order to determine whether it was in the interest of the EU to impose measures. It was 
expected  that  the  imposition  of  provisional  anti-dumping  duties  would  restore  effective  and 
fair trade conditions on the Union market which would enable the Union industry to regain at 
least part of the market share lost. Imports, including imports from the PRC represented only 
a  limited  share  of  the  importers'  total  business  and  any  negative  impact  of  the  proposed 
measures  was  thus  likely  to  be  negligible.  Even  if  some  of  the  users  were  likely  to  be 
negatively impacted by the measures on imports from the PRC, the impact on the users in the 
two  distinctive  sectors  (printers  and  publishers)  appeared  to  be  limited  overall.  It  was 
therefore concluded that there were no compelling reasons against the imposition of measures 
on imports of CFP originating in the PRC. 

Definitive Measures 

Definitive anti-dumping measures ranging from 8% to 39,1% were imposed on 15 May 2011. 
They  were  based  on  the  injury  elimination  levels  as  these  were  lower  than  the  dumping 
margins found.  

Ceramic tiles originating in the People's Republic of China  

The  proceeding  was  initiated  in  June  2010  following  a  complaint  lodged  by  the  European 
ceramic  tiles  manufacturer's  Association  (CET)  representing  more  than  30%  of  the  total 
Union production of ceramic tiles. The investigation period ('IP') ran from 1 April 2009 to 31 
March 2010 and injury was considered over the period 1 January 2007 to the end of the IP. 
The  product  concerned  was  glazed  and  unglazed  ceramic  flags  and  paving,  hearth  or  wall 
tiles;  glazed  and  unglazed  ceramic  mosaic  cubes and  the  like,  whether  or  not  on  a  backing. 
Provisional anti-dumping duties were imposed in March 2011. 

Dumping  

Due to the large number of Chinese exporters that came forward (105), sampling was applied. 
Three  groups  representing  ten  individual  producers  were  selected  accounting  for  14,4%  of 
exports from cooperating producers.  Two groups of exporting producers in China requested 
market  economy  treatment  ('MET')  which  was  denied.  The  two  groups  that  requested  MET 
also  requested  Individual  Treatment  (IT)  together  with  two  other  groups.  Three  of  the  four 
groups  were  granted  IT.  Eight  producers  also  requested  Individual  Examination  (IE)  which 
was carried out for one exporting producer who also received IT. 

Given that none of the groups  had been granted MET, the normal  value was  established  on 
the  basis  of  an  analogue  country,  the  USA.  The  export  prices  of  the  sampled  Chinese 
exporters  were  based  on  the  export  prices  actually  paid  or  payable,  to  the  first  independent 
customer.  Where  sales  were  made  via  a  related  importer  in  the  Union,  prices  were 
constructed.  The  normal  value  and  export  prices  were  compared  on  an  ex-works  basis. 
Adjustments had been made to take into account differences in characteristics, for the lower 
cost  of  non-porcelain  tiles,  ocean  freight,  insurance,  handling  and  ancillary  costs,  packing, 
credit, bank charges and commissions. This resulted in margins ranging between 26,3% and 
67,7% for individual companies and 69,7% for all others. 

Injury  

EN 

30 

   EN 

 
Sampling was also applied to EU producers with ten companies being selected for the sample. 
Imports of ceramic tiles decreased by 3% over the period considered but the market share of 
Chinese  imports  increased  by  35%.  The  level  of  undercutting  ranged  from  44  %  to  57  %. 
During  the  period  used  to  assess  injury,  all  injury  indicators  such  as  production  volume, 
capacity  utilization,  sales  to  unrelated  customers  and  employment  deteriorated.  In  addition, 
the  injury  indicators  related  to  the  financial  performance  of  the  Union  producers  –  such  as 
profitability,  return  on  investments  and  cash-flow  were  seriously  negatively  affected  during 
the  period  considered.  Overall,  the  profitability  deteriorated  over  the  period  considered.  In 
fact, the segment of small companies which constituted half of the Union industry was loss 
making. Hence, it was concluded that there was evidence of injury to the EU industry.  

Causation  

The  increasing  market  share  of  Chinese  exporting  producers  over  the  period  considered 
coincided in time with a decrease of the Union industry’s profits and a substantial increase of 
its  stocks.  The  economic  crisis  and  imports  from  third  countries  other  than  China  had  an 
impact on the situation of the Union industry but it was not such as to break the causal link 
established between the dumped imports from China and the material injury suffered by the 
Union industry. 

EU Interest  

The  Commission  carefully  examined  the  interests  of  EU  producers,  importers  and  users  in 
order  to  determine  whether  it  was  in  the  interest  of  the  EU  to  impose  measures.  It  was 
expected that measures would likely prevent a further surge of dumped, low-priced imports. 
Without measures the effect of depression of sales prices exerted by the dumped imports from 
China  would  continue  to  compress  Union  producers’  sales  prices  and  profits.  The  financial 
situation  and  profitability  of  the  Union  industry  was  not  strong  enough  to  withstand  further 
price  pressure  which  would  lead  to  the  progressive  demise  of  a  large  number  of  Union 
producers.  It  was  expected  that  measures  would,  in  all  likelihood,  have  an  impact  on  the 
importers' business but the investigation revealed that it was possible for importers and users 
to  switch  to  products  sourced  from  third  countries  or  from  within  the  Union.  No  consumer 
groups  participated.  It  was  concluded  that  there  were  no  compelling  reasons  against  the 
imposition of definitive measures on imports of the product concerned originating in the PRC. 

Measures  

Definitive  measures,  imposed  on  15  September  2011  ranged  from  26,3%  to  36,5%  for 
participating  company  groups,  10,6%  for  separate  companies  listed  in  Annex  I  of  the 
Regulation and 69,7% for all other companies.  

Certain  seamless  pipes  and  tubes  of  stainless  steel  originating  in  the  People's  Republic  of 
China  

The proceeding was initiated in September 2010 following a complaint lodged by the Defence 
Committee  of  the  Seamless  Stainless  Steel  Tubes  Industry  of  the  European  Union 
representing more than 50% of the total Union production. The investigation period ('IP') ran 
from 1 July 2009 to 30 June 2010 and injury was considered over the period 1 January 2006 
to the end of the IP. The product concerned was certain seamless pipes and tubes of stainless 
steel, other than with attached fittings suitable for conducting gases or liquids for use in civil 
aircraft. Provisional anti-dumping duties were imposed in June 2010. 

EN 

31 

   EN 

 
Dumping  

Due  to  the  large  amount  of  Chinese  exporting  producers  who  came  forward  (31)  sampling 
was  applied.  Three  groups  were  selected  representing  25%  of  the  total  imports.  All  three 
sampled  groups  of  exporting  producers  requested  market  economy  treatment  (‘MET’)  or 
Individual treatment ('IT'). None of the groups were granted MET but they were all granted 
IT.  

Given  that  none  of  the  groups  had  been  granted  MET,  normal  value  for  the  case  was 
established  based  on  prices  actually  paid  or  payable  in  the  Union  for  the  like  product  duly 
adjusted  if  necessary.  In  all  cases  the  product  concerned  was  exported  to  independent 
customers in the Union, and therefore, the export price was established on the basis of export 
prices actually paid or payable. The normal value and export prices were compared on an ex-
works basis. Adjustments had been made to take into account indirect taxes, ocean freight and 
insurance,  freight  in  the  exporting  country,  warranty  expenses,  commissions,  credit  costs, 
bank charges, level of trade and quality perception. This resulted in margins ranging between 
62,6% and 83,7% for individual companies and 71,1 % for all others. 

Injury  

Sampling  was  also  applied  to  the  EU  producers  with  two  groups  representing  five  EU 
producers  being  selected  for  the  sample.  Imports  of  seamless  pipes  and  tubes  increased  by 
76% between 2006 and the IP resulting in an increase in market share from 10.5% to 18.4%. 
During the period used to assess injury, all injury indicators developed negatively. This was 
particularly  noticeable  for  the  indicators  concerning  profitability,  production  volumes, 
capacity  utilisation,  sales  volumes  and  market  share  that  have  all  showed  a  clearly 
deteriorating  trend.  At  the  same  time,  the  imports  from  the  PRC  were  undercutting  Union 
industry  prices  by  up  to  32  %  during  the  IP.  It  was  therefore  concluded  that  there  was 
evidence of injury to the EU industry. 

Causation  

Imports  from  the  PRC  have  increased  in  terms  of  quantities  and  gained  substantial  market 
share over the period considered.However, while the Union industry had been able to offset 
the negative effects of this pressure for a certain period thanks to the exceptionally positive 
market  conditions  in  the  years  of  2007  and  2008,  this  was  no  longer  possible  when  the 
economic crisis substantially reduced the level of demand. A number of factors other than the 
dumped imports were examined but none of these could explain the serious losses in market 
share, production and sales volume which occurred in 2008 and 2009 which coincided with 
the increases in volumes of dumped imports.  

EU Interest  

The  Commission  carefully  examined  the  interests  of  EU  producers,  importers  and  users  in 
order  to  determine  whether  it  was  in  the  interest  of  the  EU  to  impose  measures.  It  was 
expected that the Union industry would have the opportunity to improve its situation through 
increased sales volumes, sales prices and market share. Although some negative effects could 
occur in the form of cost increases for certain users, they were likely to be outweighed by the 
expected benefits for the producers and their suppliers. On balance, there were no compelling 
reasons  against  the  imposition  of  definitive  measures  on  imports  of  the  product  concerned 
originating in the PRC. 

EN 

32 

   EN 

 
Measures  

Definitive measures ranging from 48,3% to 71,9% were imposed on 20 December 2011. They 
were  based  on  the  injury  elimination  levels  as  these  were  lower  than  the  dumping  margins 
found. In order to minimise the risks of circumvention due to the high difference in the duty 
rates, it was considered that special measures were needed in this  case to  ensure the proper 
application of anti-dumping duties.  

Coated fine paper originating in the People's Republic of China (AS)  

An anti-subsidy investigation was initiated on imports of coated fine paper originating in the 
People's Republic of China (the 'PRC') in April 2010 on the basis of a complaint lodged by 
CEPIFINE, the European association of fine paper manufacturers on behalf of the producers 
representing over 25% of the total EU production of coated fine paper. This was the first anti-
subsidy  investigation  initiated  against  imports  of  a  product  from  the  PRC.  The  product 
concerned  was  defined  as  coated  fine  paper  which  is  paper  or  paperboard  coated  on  one  or 
both  sides  (excluding  kraft  paper  or  kraft  paperboard),  in  either  sheets  or  rolls,  and  with  a 
weight of 70 g/m 2 or more but not exceeding 400 g/m 2 and brightness of more than 84. An 
anti-dumping proceeding on the same product originating in the PRC was opened in February 
2010.  

Prior to the initiation of the case, consultations were held between the Commission Services 
and the Chinese authorities in accordance with the Basic Regulation. However, no mutually 
agreed  solution  was  reached.  The  investigation  period  (IP)  was  from  1  January  2009  to  31 
December 2009 with injury analysis covering the period from 1 January 2006 to the end of 
the IP. 

Subsidisation  

Only two exporting producers groups in the PRC consisting of 6 related exporting producers 
came forward. 23 Government subsidy schemes were investigated.  

The Preferential lending scheme to the coated paper industry was found to be countervailable. 
All three Income tax programmes: Preferential tax policies for companies that are recognised 
as  high  or  new  technology  enterprises;  policies  for  Research  &  Development  and  dividend 
exemption  between  qualified  resident  enterprises  were  also  found  to  be  countervailable.  All 
three Indirect tax and Import tariff programmes were also found to be countervailable. These 
were:  VAT  and  Tariff  exemption  on  imported  equipment;  VAT  rebates  on  domestically 
produced  equipment  and  City  maintenance  ad Construction  Taxes  and  education  surcharges 
for Foreign Invested Enterprises. Of the 13 Grant programmes, seven were considered to be 
countervailable: Famous Brands; Special Funds for Encouraging Foreign Investment Projects; 
Anti-dumping  Respondent  Assistance;  Shouguang  Technology  Renovation  Grant;  Suzhou 
Industrial  Parc  Intellectual  Property  Right  Fund;  Subsidy  of  High  Tech  Industrial 
Development  Fund  and  the  Award  received  from  Suzhou  Industrial  Park  for  maintaining 
growth.  The  other  four  involved  such  small  amounts  of  benefits  that  it  was  not  considered 
necessary  to  pursue  the  investigation.  These  were:  the  Special  fund  for  water  pollution 
treatment  of  Taihu  lake  of  Jiangsu  province;  Special  funds  for  energy  saving  of  Suzhou 
Industrial park; Special fund for reduction of total emissions of major pollutants at municipal 
level  of  Suzhou  municipality;  Subsidy  for  water-saving  and  emission  reduction; 
Environmental Protection award received from Suzhou Environmental Protection Bureau and 
Energy saving award in Ahouguang. Lastly, of the three schemes on Government provision of 

EN 

33 

   EN 

 
goods  and  services  for  less  than  adequate  remuneration,  only  one  was  found  to  be 
countervailable:  the  provisions  of  land-use  rights.  The  other  two  were  not  assessed  mainly 
because  the  cooperating  exporting  producers  did  not  benefit  from  these  schemes  during  the 
IP. These were the Provision of electricity and of paper-making chemicals.  

The  amount  of  the  countervailable  subsidies  expressed  ad  valorem  for  the  investigated 
companies  ranges  between  4,06%  and  12,04%.  Given  the  fact  that  the  level  of  cooperation 
was  considered  high,  it  was  considered  appropriate  to  set  the  subsidy  level  for  the  non-
cooperating exporting producers at 12,04% 

Injury  

The volume of total imports of the product concerned from the PRC increased dramatically, 
almost  tripling  over  the  period  considered.  As  a  result,  their  market  share  increased 
significantly from approx. 1% in 2006 to over 4% in the IP. This has to be seen against the 
background of a decreasing consumption which dropped by 14% during the same period. The 
price of these imports were found to undercut the EU prices on average by 7,6% 

Only four Union producers came forward so it was decided that sampling was not necessary. 
Most of the injury indicators such as production volume (-20%), capacity utilisation (-10%), 
sales volume to unrelated customers on the Union market (-19%), market share (-5 percentage 
points) deteriorated during the period considered. In addition, the injury indicators related to 
the  financial  performance  of  the  four  representative  Union  producers  such  as  return  on 
investment  and  profitability  were  seriously  affected  until  2008.  It  was  therefore  concluded 
that the EU industry had suffered material injury. 

Causality  

Subsidised imports from the PRC increased dramatically (+183%) over the period considered 
while  Union  consumption  decreased  by  about  14%.  Other  factors  were  examined  in  the 
context of the causation analysis including the economic crisis, prices of raw material, export 
performance  of  the  representative  union  producers,  imports  from  other  third  countries  and 
structural  overcapacity.  It  was  concluded  that  these  factors  did  not  break  the  causal  link 
between the subsidised imports and the injury suffered. 

EU interest  

It was considered that the imposition of countervailing duties on imports of coated fine paper 
from the PRC would allow the Union industry to regain at least part of the market share lost 
during  the  period  considered,  with  a  further  positive  impact  on  its  economic  situation  and 
profitability.  Regarding  the  importers  and  traders  it  was  concluded  that  the  imposition  of 
measures should overall not have a significant impact. It was also concluded that, since price 
increases  would  impact  on  all  economic  players,  it  would  have  a  neutral  effect  on  the 
publishers.  The  direct  impact  on  the  printers  was  considered  to  be  negligible  since  most 
printers had no or very limited direct purchases of Chinese paper in the IP and the amount of 
Chinese paper used by printers was low in general. 

Anti-subsidy measures  

Definitive anti-subsidy measures were imposed on imports of coated fine paper from the PRC 
ranging from a duty of 4% to 12% for individual exporting producers and 12% for all other 
producers. 

EN 

34 

   EN 

 
8.1.5. 

Investigations terminated without measures 

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

In  2011,  11  new  proceedings  (7  anti-dumping  and  4  anti-subsidy)  were  terminated  without 
measures, compared to 10 in 2010 and 11 in 2009.  

The  alphabetical  list  of  cases  which  were  terminated  without  the  imposition  of  measures 
during 2011 can be found below. More information can be obtained from the Official Journal 
to which reference is given in Annex E. 

Product (type of 
investigation20) 

Originating from  Main reason for termination 

Purified terephthalic acid and 
its salts AD  

Thailand 

De minimis dumping 

P.R. China 

Complaint withdrawn  

area 
(WWAN) 

wide 

Wireless 
networking 
modems AD 
Stainless steel bars 

Tris 
ethyl) phosphate AD 

(2-chloro-1-methyl-

Graphite  electrode  system 
(certain)AD 

Polyethylene 
(PET) AD 

terephthalate 

Purified terephthalic acid and 
its salts (AS) 

India 

P.R. China 

P.R. China 

Oman 
Saudi Arabia 
Thailand 

Wireless 
networking 
modems (AS) 

Polyethylene 
(PET) AS 

wide 

area 
(WWAN) 

P.R. China 

terephthalate 

Oman 
Saudi Arabia 

8.1.6.  Details on some individual cases 

Complaint withdrawn  

Complaint withdrawn  

Complaint withdrawn  

Complaint withdrawn 

AS duties – De minimis 

Complaint withdrawn 

Complaint withdrawn 

Wireless  wide  area  networking  (WWAN)  modems  originating  in  the  People's  Republic  of 
China 

On 30 June 2010 the Commission initiated an anti-dumping proceeding concerning imports of 
wireless  wide  area  networking  (WWAN)  modems  originating  in  the  People's  Republic  of 
China  ('the  PRC')  after  receiving  a  complaint.  On  16  September  2010  the  Commission 
initiated an anti-subsidy proceeding concerning WWAN modems originating in the PRC after 
receiving a complaint. Both complaints were lodged by Option NV.  

20 

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

EN 

35 

   EN 

 
                                                 
On  26  October  2010  Option  NV  withdrew  its  anti-dumping  and  anti-subsidy  complaints 
because it had entered into a cooperation agreement with an exporting producer in the PRC. 
Consequently, the Commission informed interested parties that it considered terminating the 
proceedings since the investigations had not brought to light any considerations showing that 
a termination would not be in the Union interest.  

Subsequent to the withdrawal one company contacted the Commission claiming that it was a 
Union  producer  of  WWAN  and  that  the  proceedings  should  be  continued.  However,  the 
company only came forward after the procedural deadlines in both proceedings had passed. In 
addition, the allegations and information put forward by the company were not such as to lead 
the Commission to conclude that it would be in the Union interest to pursue the proceedings. 

The  Commission  concluded  that  it  would  be  disproportionate  to  continue  with  the 
investigation  and  impose  measures  following  the  withdrawal  of  the  complaints.  The 
proceedings were terminated in March 2011. 

Polyethylene terephthalate (PET) originating in Oman and Saudi Arabia  

On  16  February  2011  the  Commission  initiated  an  anti-dumping  proceeding  concerning 
imports  of  certain  polyethylene  terephthalate  (PET)  originating  in  Oman  and  Saudi  Arabia, 
following a complaint lodged by the Committee of Polyethylene Terephthalate Manufacturers 
in  Europe  (CPME).  On  the  same  day  the  Commission  initiated  an  anti-subsidy  proceeding 
concerning imports of PET originating in the countries concerned. 

By  a  letter  of  12  October  2011,  the  CPME  formally  withdrew  its  complaint.  Since  the 
Commission  did  not  identify  any  reason  to  indicate  that  termination  would  not  be  in  the 
Union  interest,  it  was  decided  to  terminate  the  proceedings.  Interested  parties  requested  a 
disclosure of the findings of the investigation, but the Commission noted that it was not in the 
position to disclose data gathered prior to the withdrawal of the complaint because it did not 
reach a conclusion on its findings.  

8.2. 

Review investigations 

8.2.1.  Expiry reviews 

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

In  2011,  18  anti-dumping  measures  and  3  anti-subsidy  measure  expired  automatically.  The 
references for these measures are set out in Annex N. 

Since  the  expiry  provision  of  the  basic  Regulations  came  into  force  in  1985,  a  total  of  473 
measures have been allowed to expire automatically. 

8.2.1.1.  Initiations 

The alphabetical list of the reviews initiated can be found below, together with the name of 
the complainant. It should be noted that some expiry reviews may be carried out in parallel 
with  interim  reviews,  which  allow  the  amendment  of  the  duty  rates.  In  such  case,  these 
reviews  are  marked  with  an  asterisk.  More  information  can  be  obtained  from  the  Official 

EN 

36 

   EN 

 
Journal to which reference is given in Annex F. 

Product 
investigation21) 

(type 

of 

Originating from  Complainant 

Tartaric acid * 

P.R. China 

Seamless pipes and tubes of iron 
or steel* 

Croatia 

Russia 
Ukraine 

Lever arch mechanisms 

P.R. China 

Chamois leather 

Plastic sacks and bags 

P.R. China 

P.R. China 
Thailand 

8.2.1.2.  Reviews concluded with confirmation of duties 

Distillerie Bonollo SpA, 
Industria Chimica Valenzana 
SpA, Distillerie Mazzari SpA, 
Caviro Distillerie S.r.l. and 
Comercial Quimica Sarasa s.l. 

Defence  Committee  of  the 
seamless  steel  tubes  industry 
of the EU 

spol.s.r.o, 

IML 
Interkov 
Meccanica 
Industria 
Lombardia  S.r.l  and  Niko 
metalurgical  company  d.d. 
Zelezniki 

British Leather Confederation 

33 Union Producers 

During 2011, 8 expiry reviews were concluded with confirmation of the duties for a further 
five years.  

The  alphabetical  list  of  the  cases  which  were  concluded  with  confirmation  of  duty  during 
2011, together with the result of the investigation, can be found below. More information can 
be obtained from the Official Journal to which reference is given in Annex F. 

Product 

Originating from 

Result  of  the  investigation/  Type22 
and level of measure 

Okoumé plywood 

P.R. China 

Confirmation of duty  

Tungsten  carbide  and 
fused tungsten carbide 

P.R. China 

AD duty of 6,5%-23,5%  

All other companies 66,7% 

Confirmation of duty  

AD duty of 33% 

22 

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

EN 

37 

   EN 

 
 
 
 
 
                                                 
 
Furfuraldehyde 

P.R. China 

Confirmation of duty  

AD duty of EUR 352 per tonne 

Barium carbonate 

P.R. China 

Confirmation of duty  

AD duty of 6,3%-8,1% 

All other companies 56,4% 

Bicycles 

P.R. China 

Confirmation of duty  

Hand  pallet  trucks  and 
their essential parts 

P.R. China 

AD duty of 48,5%  

Confirmation of duty  

Thailand (ext.) 

AD duty of 7,6%-39,9%  

All other companies 46,7%  

Trichloroisocyanuric 
acid (TCCA) 

P.R. China 

Confirmation of duty  

AD duty of 3,2%-40,5%  

All other companies 42,6% 

8.2.1.3.  Details on some individual cases concluded by confirmation of duty  

Bicycles  

In September 1993 the Council imposed a definitive anti-dumping duty of 30,6% on imports 
of  bicycles  originating  in  the  People's  Republic  of  China  (the  'PRC').  Following  an  anti-
circumvention  investigation,  this  duty  was  extended  to  imports  of  certain  bicycle  parts 
originating in the PRC. In addition, it was decided to create an 'exemption scheme' for imports 
of  parts  not  constituting  circumvention.  Following  an  expiry  review,  it  was  decided  in  July 
2000 that the measures should be maintained. Following an interim review, it was decided in 
July 2005 to increase the anti-dumping duty in force to 48,5%.  

In  July  2010  following  a  request  from  the  European  Bicycles  Manufacturers  Associations 
(EBMA), the EU initiated an expiry review.  

The investigation of dumping and injury covered the period from 1 April 2009 to 31 March 
2010 ('review investigation period' or 'RIP'). The examination of trends in the context of the 
analysis of injury covered the period from January 2007 to the end of the RIP.  

Owing to the large number of EU producers willing to cooperate, sampling was used for EU 
producers.  Eight  Union  producers  were  selected  for  the  sample.  Only  seven  Chinese 
producers and four importers cooperated in the investigation, therefore it was decided not to 
apply further sampling.  

Recurrence of dumping 

EN 

38 

   EN 

 
It was proposed to use Mexico as an analogue country to establish the normal value for the 
PRC.  One  party  objected  and  proposed  India  as  an  alternative,  yet  the  objection  was  not 
substantiated  and  therefore  rejected.  The  average  normal  value  was  established  based  on 
domestic sales. The export price was established on the basis of Eurostat data. Even though 
the  prices  found  in  Eurostat  were  inconclusive,  the  Commission  considered  them  to  be  a 
reasonable  source  for  the  purpose  of  the  investigation  due  to  the  low  cooperation  from  the 
Chinese  exporters.  Because  of  the  limitations,  the  data  only  served  as  an  indicator  of  price 
trends.  The  weighted  average  normal  value  from  Mexico  was  compared  to  the  weighted 
average  Chinese  export  price  on  an  ex-works  basis.  For  the  purpose  of  ensuring  a  fair 
comparison, the price derived from Eurostat was adjusted for the average cost of sea freight 
per  transaction.  A  conservative  comparison  using  Eurostat  figures  indicated  a  dumping 
margin of more than 20% although it was noted that it was more likely to reach levels of more 
than 100%. In view of the fact that even considering the measures in force, a dumping margin 
of more than 20% existed during the RIP, it was considered very likely that dumping would 
continue in the absence of measures.  

Injury and likelihood of continuation of injury 

The investigation found that the existing anti-dumping measures had clearly had an effect on 
the  situation  of  the  Union  industry.  It  had  managed,  to  some  extent,  to  benefit  from  the 
existence of the measures maintaining a stable market share. However, the Union production 
decreased  and  profit  margin  remained  insufficient.  Any  possibility  for  further  growth  and 
profits had been undermined by the price and volume pressure of dumped imports.  

The industry was clearly in a fragile situation, as it made a loss. Almost all injury indicators 
relating to the financial performance of the Union producers – such as profitability, return on 
investments and cash flow – deteriorated during the period considered. Consequently, it could 
not  be  concluded  that  the  situation  of  the  Union  industry  was  secure.  On  this  basis,  it  was 
concluded that the Union industry, as a whole, remained in a vulnerable economic situation 
and continued to suffer material injury.  

In the context of the likelihood of recurrence of injury, it was found that the Union industry 
had been suffering from the effects of the Chinese dumped imports for several years. It only 
managed  to  recover  thanks  to  the  anti-dumping  measures  in  force.  Exposing  the  Union 
industry  to  increased  volumes  of  dumped  low-priced  imports  from  the  PRC,  would  likely 
result in a further deterioration of its sales, market share and sales prices, as well as a further 
deterioration of its financial situation. It was also found that the undercutting of sales prices of 
Chinese  producers  by  53  %  appeared  to  indicate  that  in  the  absence  of  measures,  Chinese 
exporting  producers  would  export  the  product  concerned  to  the  Union  market  at  prices 
considerably lower than those of the Union industry.  

In view of the findings made during the investigation, namely the spare capacity in the PRC, 
the  export  oriented  characteristic  of  the  Chinese  industry  and  the  past  behaviour  of  the 
Chinese exporters on foreign markets, any repeal of the measures would point to a likelihood 
of  continuation  of  injury.  The  circumvention  of  the  measures  strongly  underpinned  this 
conclusion.  It  constituted  clear  evidence  of  the  attractiveness  of  the  Union  market  for  the 
Chinese producers. 

Union interest 

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39 

   EN 

 
As regards the Union industry it was considered that maintaining the measures would allow it 
to grow and improve its situation in a restored fair competitive environment. It would also be 
in  the  interest  of  consumers  for  whom  Europe  is  the  most  important  market  for  modern 
cycling  products  with  high  standards  in  quality  and  safety.  An  inflow  of  products  from  the 
PRC  would  lessen  those  standards.  Furthermore,  the  importers  would  not  be  substantially 
affected  since  fairly  priced  bicycles  would  still  be  available  in  the  market.  By  contrast,  if 
measures  were  not  imposed,  Union  producers  of  bicycles  would  likely  go  out  of  business, 
thus also threatening the existence of Union suppliers of bicycle parts.  

There  were  no  compelling  reasons  not  to  impose  anti-dumping  duties  against  imports  of 
bicycles  originating  in  the  PRC  therefore  the  anti-dumping  measures  on  bicycles  were 
maintained. 

Trichloroisocyanuric acid (TCCA) 

In  October  2005  the  Council  imposed  definitive  anti-dumping  measures  consisting  of 
individual  duties  ranging  from  7,3%  to  40,5%  on  imports  of  trichloroisocyanuric  acid 
('TCCA')  originating  in  the  People's  Republic  of  China  ('the  PRC').  In  September  2010  the 
Council lowered the individual duty applied to one company from 14,1% to 3,2%.  

In October 2010, following a request from the European Chemical Industry Council (CEFIC), 
the EU initiated an expiry review of these measures. The request was based on the grounds 
that  the  expiry  of  the  measures  would  be  likely  to  result  in  a  continuation  or  recurrence  of 
dumping and injury to the Union industry. 

The  review  investigation  period  (RIP)  lasted  from  1  July  2009  to  30  June  2010.  The 
likelihood of continuation or recurrence of injury aspects was analysed during the period from 
1 January 2007 to the end of the RIP.  

Recurrence of dumping  

Since  none  of  the  exporting  producers  in  the  PRC  cooperated,  data  submitted  by  the 
cooperating  exporting  producer  in  the  analogue  country,  Japan,  were  used  to  determine  the 
normal value. Since all sales on the domestic market were considered to have been sold at a 
profit, normal value was based on the actual weighted average domestic price during the RIP. 
In the absence of any cooperation from exporting producers in the PRC, the export price was 
established on the basis of Eurostat data. The weighed average normal value was compared 
with the weighed average export price. Consequently, the dumping margin was established to 
amount to 75%. In addition the likelihood of the continuation of dumping was investigated. 
From  the  investigation  it  could  be  concluded  that  exports  from  the  PRC  were  still  being 
dumped despite the measures in place and that it was likely that dumping would continue on 
the Union market if these measures were removed. Taking into account the huge amount of 
spare capacity in the PRC and the attractiveness of the Union market, based on a comparison 
between export prices to the EU and those to third countries, it was likely that the volume of 
dumped PRC exports into the Union would increase substantially if measures were allowed to 
lapse. 

Injury and likelihood of continuation of injury 

The continued dumping of imports from the PRC along with the economic crisis altered the 
recovery  process  and  accentuated  the  difficulties  of  the  Union  industry.  Although  other 
factors  contributed  to  the  deterioration  in  the  performance  of  the  Union  industry,  none  of 

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40 

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them proved to be sufficient to break the causal link between dumped imports from the PRC 
and  the  injury  suffered  by  the  Union  industry.  On  these  grounds,  it  was  concluded  that 
dumped imports from the PRC caused material injury to the Union industry.  

In  the  context  of  the  likelihood  of  continuation  of  injury  the  investigation  revealed  that  the 
Union industry had been suffering from the effects of PRC dumped imports for several years 
and was still in a precarious economic situation. The injurious situation of the Union industry 
had continued throughout the period considered which is in itself a strong indicator that the 
injury  was  likely  to  continue  in  the  future,  which  suggested  that  the  measures  had  to  be 
maintained. Given the spare capacity available in the PRC and the attractiveness of the Union 
market, if the measures were lifted the growing trend whereby large imports from the PRC at 
dumped  prices  significantly  undercut  Union  producers'  prices  was  likely  to  continue.  If  the 
measures  in  force  were  not  extended,  the  situation  of  the  Union  industry  would  deteriorate 
and its very existence would be jeopardised. Therefore, it was concluded that there was a clear 
likelihood  of  continuation  of  injury  to  the  Union  industry,  should  existing  measures  be 
removed. 

Union interest 

The  continuation  of  measures  was  expected  to  assist  the  Union  industry,  with  consequent 
beneficial effects on the competitive conditions on the Union market and the consolidation of 
the sector after the economic crisis and the restructuring. Furthermore, the continuation of the 
measures  was  also  expected  to  benefit  users  and  importers  by  maintaining  a  wide  range  of 
suppliers in the Union market. There were no compelling reasons against the continuation of 
the measures in question.  

The  anti-dumping  measures  applicable  to  imports  of  TCCA  originating  in  the  PRC  were 
therefore maintained. 

8.2.1.4.  Reviews concluded by termination 

During 2011, 4 expiry reviews were concluded by termination.  

Product 

Originating from 

Reason for termination 

Polyester staple fibres 

P.R. China 

Request withdrawn 

Magnesia 
(certain) 

bricks 

P.R. China 

EU  Company  producing  over  50%  of 
EU production opposed the review.  

spectrum 

Broad 
antibiotics 
(AS) 
Castings (certain) 

India 

No liklihood of recurrence of injury 

P.R. China 

Request withdrawn 

Details of some individual cases 

Certain magnesia bricks  

In  October  2005,  the  EC  imposed  definitive  anti-dumping  duties  on  imports  of  certain 
magnesia  bricks  originating  in  the  People's  Republic  of  China  ('the  PRC').  Following  the 

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41 

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imposition of these measures, two interim reviews requested by Chinese exporting producers 
resulted in a lowering of the duties which now range from 0% to 39,9%.  

In October 2010, following a request from the Magnesia Bricks Production Defence Coalition 
('MBPDC'),  the  EU  initiated  an  expiry  review  of  the  measures  on  certain  magnesia  bricks 
from the PRC.  The  request was  based on evidence showing that the expiry of the measures 
would be likely to result in a continuation or recurrence of dumping and injury to the Union 
industry.  

In addition, in September 2010 the Commission initiated a 'new exporter' review, following 
an  application  lodged  by  TRL  China  Ltd  ('TRL'),  an  exporting  producer  in  the  PRC.  TRL 
claimed it operated under market economy conditions and that it did not export the product 
concerned  to  the  Union  during  the  period  of  investigation  on  which  the  anti-dumping 
measures were based.  

The investigation period (IP) for the expiry review covered the period from 1 July 2009 to 30 
June 2010 while the investigation period for the 'new exporter' review was examined over the 
period from 1 July 2009 to 30 June 2010. 

Investigation for the expiry review 

The applicant claimed that an Austrian-based company, RHI AG ('RHI'), had to be excluded 
from the definition of the Union industry on the grounds that it had shifted its core business 
activities to the PRC, where it had a related company producing the product concerned, and 
increased its business activities relating to the product concerned in the PRC. 

In  the  original  investigation  initiated  in  July  2004,  RHI  was  one  of  the  complainant  Union 
producers.  At  that  time  RHI  was  also  importing  the  product  concerned  from  its  related 
company in the PRC. It was also examined whether the company should be excluded from the 
definition  of  the  Union  industry  but  it  was  found  that  the  company's  core  business  was 
situated in the Union as regards the product concerned.  

In the present review it was concluded that RHI should not be excluded from the definition of 
the  Union  industry  because  the  company's  situation  had  not  changed  substantially  since  the 
original  investigation.  The  findings  confirmed  that  the  company  still  had  its  core  business 
activities  (headquarters,  research  and  development  centre  and  main  production  sites)  in  the 
EU. The increase in the production capacity of the plant in the PRC in the period 2005 to the 
end of the IP could not be considered as a shift of the company's core activities to the PRC. 
Therefore  the  applicant's  argument  that  RHI  should  be  excluded  on  the  basis  that  it  has  a 
related  company  in  the  PRC  producing  the  product  concerned  and  increasing  business 
activities in the PRC was rejected. 

By  including  RHI's  production  volume  in  the  total  Union  production  figure,  the  applicant's 
output constituted less than 50% of the total Union production. RHI, however, produced over 
50%  of  total  Union  production  within  the  meaning  of  Article  5(4),  In  addition,  RHI  was 
opposed  to  the  expiry  review.  In  the  light  of  these  facts,  it  was  decided  to  terminate  the 
proceedings. 

In view of the termination of the expiry review and given the fact that TRL did not export the 
product concerned between the date of the entry into force of the anti-dumping measures, it 
was also decided to terminate the 'new exporter' review.  

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Broad spectrum antibiotics  

In  May  2005,  the  Council  imposed  a  definitive  countervailing  duty  on  imports  of  certain 
broad spectrum antibiotics originating in India. The measures took the form of an ad valorem 
duty ranging from 17,3% to 32%. Following a partial interim review, the countervailing duty 
rate applicable to one Indian exporter was amended.  

In  May  2010,  following  a  request  from  two  union  producers  DSM  and  Sandoz,  the  EU 
initiated  an  expiry  review.  The  investigation  of  continuation  or  recurrence  of  subsidisation 
covered the period from 1 April 2009 to 31 March 2010 (the 'review investigation period' or 
'RIP').  The  examination  of  the  trends  relevant  for  the  assessment  of  the  likelihood  of  a 
continuation or recurrence of injury covered the period from 1 January 2007 to the end of the 
review investigation period (the period considered).  

Three Union producers, three Indian exporting producers and the Government of India ('GOI') 
cooperated in the review.  

Recurrence of Subsidisation  

During  the  expiry  review  10  schemes,  which  allegedly  involved  the  granting  of  subsidies, 
were  investigated.  Of  these  schemes,  four  -  The  Punjab  Industrial  Incentive  Scheme,  the 
Gujarat Industrial Incentive Scheme, the Duty Free Import Authorisation and Export Oriented 
Units  (EOU)/Export  Processing  Zones  9EPZ)/Special  Economic  Zones  (SEZ)  -  did  not  to 
grant  any  benefits  to  producers.  It  was  therefore  not  necessary  to  further  analyse  these 
schemes  in  this  investigation.  The  Advance  Authorisation  Scheme  (AAS)  was  found  to  be 
countervailable  for  physical  exports.  The  subsidy  rate  established  in  respect  to  this  scheme 
during  the  RIP  amounted  to  12,3%.  The  subsidy  rate  for  the  Duty  entitlement  Passbook 
Scheme (DEPBS) amounted to 6,9%. The subsidy rate established for the Export Promotion 
Capital Goods scheme (EPCGS) amounted to 0,1%-0,5% during the RIP. The subsidy rate for 
the  Focus  Market  Scheme  (FMS)  amounted  to  <0,1%  while  the  subsidy  rate  of  the  Export 
Credit Scheme (ECS) was found to be negligible.  

It was concluded that subsidisation by the Indian authorities continued during the RIP with an 
amount of countervailable subsidies that ranged between 7,5% and 12,4%.  

The investigation found that during the RIP, the cooperating exporting producers continued to 
benefit  from  countervailable  subsidisation  by  the  Indian  government.  The  subsidy  schemes 
analysed were also found to give recurring benefits with no indications that the programmes 
would be phased out or modified in the foreseeable future or that the cooperating exporting 
producers  would  stop  obtaining  benefits  under  these  schemes.  As  regards  the  other  known 
exporting producers in India, according to the review request, they continued to benefit from 
the  subsidy  schemes  investigated  in  the  review.  There  was  no  information  available  which 
would  indicate  that  this  was  not  the  case  and  so  it  was  concluded  that  the  subsidisation  at 
country- wide level also continued. It was concluded that subsidisation continued during the 
RIP and would therefore be likely to continue in the future. 

Injury and likely hood of recurrence of injury 

The investigation showed that between 2007 and the RIP, the volume of subsidised imports of 
the product concerned was negligible. With the exception of certain injury indicators such as 
market share, production volume and return on investment, most injury indicators including 
profitability (+ 153 %), sales price (+ 4 %), sales volume (+ 14 %), employment (+ 10 %) and 

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43 

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investments  (+  29  %)  developed  positively  during  the  period  considered.  The  profit  levels 
achieved in the Union market were, with the exception of year 2007, above the target profit 
margin established in the previous expiry review investigation; i.e. 10 %. The positive trend 
shown  by  the  vast  majority  of  indicators  was  mainly  due  to  the  reliability  of  the  Union 
industry and the long standing customer relationship that it had developed over the past years, 
but also to the price level that it managed to achieve on the market. In view of the positive 
development  of  the  indicators  pertaining  to  the  Union  industry,  it  was  considered  that  the 
Union industry did not suffer material injury during the period considered.  

Given  the  low  volumes  of  the  product  concerned  that  were  imported  in  the  Union  over  the 
period  considered,  the  subsidised  imports  did  not  adversely  affect  the  performance  of  the 
Union  industry.  It  was  therefore  concluded  that,  should  measures  be  allowed  to  lapse, 
subsidised imports from India were not likely to cause material injury to the Union industry as 
most injury indicators developed positively over the period considered in spite of significant 
and  increasing  imports  from  other  countries  priced  similarly  to  Indian  exports  to  other 
countries. Consequently, material injury was not likely to recur, should measures be allowed 
to lapse.  

It  was  considered  appropriate  to  repeal  the  countervailing  duty  on  imports  of  certain  broad 
spectrum antibiotics originating in India. 

8.2.2. 

Interim reviews 

Article  11(3)  and  Article  19  of  the  basic  Regulations  provide  for  the  review  of  measures 
during their period of validity on the initiative of the Commission, at the request of a Member 
State  or,  provided  that  at  least  one  year  has  elapsed  since  the  imposition  of  the  definitive 
measure, following a request containing sufficient evidence by an exporter, an importer or by 
the EU producers. In carrying out the investigations, it is being considered, inter alia, whether 
the  circumstances  with  regard 
injury  have  changed 
significantly. Reviews can be limited to dumping/subsidization or injury aspects. 

to  dumping/subsidization  and 

During 2011, a total of 9 interim reviews were initiated (8 anti-dumping and 1 anti-subsidy). 7 
interim  reviews  were  concluded  with  confirmation  or  amendment  of  duty  and  5  were 
concluded by terminating the measures. The list of cases which were concluded during 2011 
by  confirming  or  amending  the  duties,  together  with  the  result  of  the  investigation,  can  be 
found below. It should be noted that some interim reviews may be carried out in parallel with 
expiry reviews, which allow the amendment of the duty rates. In such case, these reviews are 
marked with an asterisk. More information can be obtained from the Official Journal to which 
reference is given in Annex G. 

Product 

Originating from 

Polyethylene 
(PET) film 

terephthalate 

India 

Polyethylene 
(PET) film 

terephthalate 

India 

Result  of  the  investigation/ 
Type23  

Reduction  of  anti-dumping 
duty  for  Garware  Polyester 
Ltd. to 0% - AD 

Reduction  of  anti-dumping 
duty for Vacmet India Ltd. to 

23 

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

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44 

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Polyethylene 
(PET) film (AS) 

terephthalate 

India 

Polyethylene 
(PET) (AS) 

terephthalate 

India 

Okoumé plywood* 

P.R. China 

Polyethylene 
(PET) 

terephthalate 

Korea (Rep. of) 

Polyethylene 
(certain) (PET) 

terephthalate 

India 

0% - AD 

Amendment  of  anti-subsidy 
duty for Vacmet India Ltd. to 
11% - AS 

Measures  remain  unchanged 
for  Reliance  Industries  Ltd  - 
AS 

Measures 
unchanged - AD 

continue 

Terminated with no change to 
dumping  margins 
for  KP 
Chemical Group AD 

Terminated with no change to 
dumping 
for 
Reliance Industries Ltd. AD 

margins 

8.2.2.1.  Details on individual cases 

Polyethylene terephthalate (PET) film originating in India 

In  August  2001  the  Council  imposed  a  definitive  anti-dumping  duty  on  imports  of 
polyethylene terephthalate (PET) film originating, inter alia, in India. The measures consisted 
of  an  ad  valorem  anti-dumping  duty  ranging  between  0%  and  62,6%.  In  March  2006 
following the expiry review, the anti-dumping duty was amended to range between 0% and 
18%.  In  November  2007,  following  another  expiry  review  the  Council  imposed  another 
definitive anti-dumping duty. In January 2009, following a partial interim review initiated by 
the  Commission  on  its  own  initiative,  the  Council  amended  the  anti-dumping  duty  for  five 
Indian  PET  film  producers  and  extended  the  measures  to  Brazil  and  Israel.  The  last 
amendment was made in September 2010 when one Israeli exporter of PET film was granted 
an exemption of the measures imposed. 

In  August  2009,  following  a  request  by  Vacmet  India  Limited,  the  Commission  initiated  a 
partial interim review, limited to the examination of dumping in respect of the applicant, to 
assess the need to amend the rate of duty applicable till then. The applicant claimed that the 
circumstances  on  the  basis  of  which  measures  were  imposed  have  changed  and  that  these 
changes were of a lasting nature. 

The investigation of the level of dumping covered the period from 1 January to 31 December 
2009 ('review investigation period' or 'RIP').  

Findings of the investigation  

Investigation showed that the calculated indicative dumping margin of the applicant to third 
countries in the RIP was negative. After comparing the weighed average normal value with 
the weighed average export price, no evidence was found of dumping. It was also found that 
the  applicant  had  made  significant  investments  as  from  2007  to  improve  its  production 
process  and  to  produce  the  basic  raw  material  necessary  for  the  production  of  the  product 

EN 

45 

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concerned. These changes resulted in a reduction of costs which explained the direct impact 
on the company's dumping margin.  

It  was  therefore  concluded  that  the  circumstances  that  led  to  the  initiation  of  the  interim 
review  were  unlikely  to  change  in  the  foreseeable  future  in  a  manner  that  would  affect  the 
findings. The changed circumstances were of a lasting nature therefore the application of the 
anti-dumping measure at the then current level was no longer justified. 

As  a  result  of  these  findings  it  was  decided  to  amend  the  anti-dumping  duty  applicable  to 
imports of the product concerned from the applicant to 0%. 

Okoumé plywood 

In  November  2004  the  EU  imposed  a  definitive  anti-dumping  duty  on  imports  of  okoumé 
plywood  originating  in  the  People's  Republic  of  China  (the  PRC).  The  duty  levels  imposed 
ranged from 6,5% to 23,5% for four producers and 66,7% for all other producers.  

In  January  2011  the  Commission  initiated  an  expiry  review  and,  in  parallel,  an  ex  officio 
partial  interim  review.  The  request  for  the  expiry  review  was  lodged  by  the  European 
Federation of the Plywood Industry (FEIC) following the publication of a notice of impending 
expiry. The request was based on the grounds that the expiry of the measures would be likely 
to result in a continuation or recurrence of dumping and a recurrence of injury to the Union 
industry.  The  partial  interim  review  was  initiated  following  a  French  court  proceeding  into 
anti-competitive  behaviour  of  a  number  of  French  producers  of  okoumé  plywood.  Because 
their behaviour could have distorted the injury assessment in the original investigation, a re-
examination of the injury situation of the Union was deemed appropriate. 

The  investigation  of  the  likelihood  of  continuation  or  recurrence  of  dumping  covered  the 
period from 1 October 2008 to 30 September 2009 ('the review investigation period' or 'RIP'). 
The examination of the trends relevant for the assessment of the likelihood of a continuation 
or a recurrence of injury covered the period from 1 January 2006 to the end of the RIP (the 
'period considered'). 

Likelihood of continuation or recurrence of dumping  

It was examined whether dumping was likely to continue or recur upon a possible expiry of 
the measures in force against the PRC. The investigation showed that the product concerned 
was still sold on the Union market at dumped prices, with a dumping margin of 34,2%, and in 
not insignificant volumes. Moreover, the information available indicated that the production 
volumes  in  the  PRC  were  very  high  and  that  the  share  of  its  exports  to  the  Union  was 
restrained  due  to  the  measures  in  place.  In  this  respect,  it  could  be  expected  that  okoumé 
plywood exported to other countries at lower prices would be redirected to the Union market 
should,  measures  be  repealed.  In  addition,  Chinese  producers  of  plywood  were  expected  to 
increase their production of okoumé plywood if measures would lapse, as the Union market 
of okoumé plywood is relatively lucrative. 

It was therefore concluded that there was a likelihood of continuation of dumping if the anti-
dumping measures were allowed to lapse. 

Likelihood of recurrence of injury  

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46 

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Although the Union industry seemed to have stabilised and recovered from the effects of the 
dumped imports from the PRC, the industry as a whole was still somewhat fragile. A number 
of elements were found to support the likelihood of a recurrence of injury, if measures were 
allowed to lapse. Firstly, the Union industry would not be in a position to maintain the current 
price level given the undercutting levels for imports from the PRC and assuming the low level 
of import prices would continue or be reinforced to gain lost market share. Secondly, it was 
likely  that  dumped  imports  would  increase  at  low  price  levels  in  view  of  the  considerable 
production capacity of the Chinese exporting producers.  

It  was  therefore  concluded  that  the  expiry  of  the  measures  would  be  likely  to  result  in  a 
recurrence  of  injury  to  the  Union  industry  caused  by  dumped  imports  of  the  product 
concerned from the PRC. 

Interim review limited to the injury aspects in view of the decision of the French Conseil de la 
Concurrence.  

A number of French producers were fined because of anti-competitive behaviour. It was thus 
considered appropriate to re-examine the injury situation of the Union industry in particular in 
comparison  to  the  situation  which  prevailed  in  the  investigation  period  of  the  original 
investigation.  Consequently,  the  data  of  the  fined  French  companies  was  removed  from  the 
injury  calculation.  It  was  found  that  the  findings  of  the  original  investigation  would  not 
change significantly without the data firm the fined French companies.  

It  was  therefore  concluded  that  the  anti-competitive  behaviour  of  French  producers  did  not 
affect  the  injury  situation  of  the  Union  industry  in  particular  in  comparison  to  the  situation 
which prevailed in the investigation period of the original investigation.  

As a result of these findings it was concluded that  the anti-dumping measures applicable to 
imports  of  okoumé  plywood  originating  in  the  PRC  should  be  maintained  while  the  partial 
interim review should be terminated. 

Coumarin  

In  July  2008,  the  EU  imposed  a  definitive  anti-dumping  duty  on  imports  of  coumarin 
originating in the People's Republic of China. These measures were later extended to imports 
of  coumarin  consigned  from  India,  Thailand,  Indonesia  and  Malaysia,  whether  declared  as 
originating in these countries or not.  

In  November  2010,  the  Commission  initiated  a  partial  interim  review  limited  to  the  injury 
aspects of the anti-dumping measures applicable, after it was informed that the sole producer 
of coumarin in the Union decided to discontinue its production within the Union at the end of 
August 2010.  

The  investigation  confirmed  that  the  only  Union  producer  of  coumarin  had  permanently 
closed  its  production  facility  in  august  2010.  Since  there  was  no  evidence  to  indicate  that 
termination  of  the  anti-dumping  measures  would  not  be  in  the  Union  interest,  the  measures 
were terminated in June 2011.  

8.2.3.  “Other” reviews 

A  number  of  other  reviews,  not  falling  under  Article  11(3)  or  Article  19  of  the  basic 
Regulations were concluded during 2011.  

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47 

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

8.2.4.  New exporter reviews 

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

Such parties have to show that they are genuine new exporters, i.e. that they are not related to 
any  of  the  exporters  or  producers  in  the  exporting  country,  which  are  subject  to  the  anti-
dumping  measures,  and  that  they  have  actually  started  to  export  to  the  EU  following  the 
investigation  period,  or  that  they  have  entered  into  an  irrevocable  contractual  obligation  to 
export a significant quantity to the EU. 

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

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

In  2011,  2  new  exporter  review  were  initiated.  Since  the  Commission  carried  out  the  first 
reviews  of  this  type  in  1990,  a  total  of  65  such  investigations  have  been  initiated.  1  new 
exporter review was terminated during 2011 without amendment of the duty.  

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

8.2.5.  Absorption investigations 

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

In 2011, there were no anti-absorption investigations initiated or concluded. – Annex J. 

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48 

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8.2.6.  Circumvention investigations 

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

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

In  2011,  3  anti-circumvention  investigation  were  initiated.  4  such  investigations  were 
concluded with an extension of the duty and 2  were terminated  without extending the duty. 
More  information  can  be  obtained  from  the  Official  Journal  to  which  reference  is  given  in 
Annex K. 

Biodiesel  

In  July  2009  the  Council  imposed  definitive  anti-dumping  duties  on  imports  of  biodiesel 
originating  in  the  United  States  of  America.  Following  the  imposition  of  these  measures  it 
was found that they were being circumvented by means of transhipment via Canada and by 
exports of biodiesel originating from the USA in a blend containing by weight 20% or less of 
biodiesel  ('B20  and  below').  The  measures  were  consequently  extended  to  cover  imports  of 
both products concerned. On the basis of a request from the European Biodiesel Board (EBB), 
the  Commission  initiated  an  anti-circumvention  investigation  in  August  2010.  The  request 
was based on allegations of a significant change in pattern of trade in the product concerned 
from  the  USA,  Canada  and  Singapore.  The  request  further  alleged  that  exports  of  biodiesel 
blends containing 20% or less of biodiesel originating from the USA had begun to arrive in 
the Union after the imposition of the definitive anti-dumping measures.  

The investigation period (the 'IP') covered the period from 1 April 2009 to 30 June 2010. Data 
was  collected  for  the  period  from  2008  up  to  the  end  of  the  IP  to  investigate  the  alleged 
change in the pattern of trade. 

Circumvention  

Trade  statistics  showed  a  significant  increase  in  imports  of  biodiesel  and  certain  biodiesel 
blends from Canada between 2008 and the IP, where their share of total imports into the EU 
of  the  products  increased  from  0,10%  to  9,28%  respectively.  This  significant  increase 
contrasted  with  the  small  production  volumes  by  the  Canadian  exporters  since  Canadian 
biodiesel  producers  could  not  have  produced  the  volume  exported  from  Canada  into  the 
Union. It also contrasted with the significant increases in exports of the product from the USA 
to  Canada  at  the  time.  While  imports  from  Singapore  also  increased  in  the  period  under 
consideration,  the  majority  of  these  imports  were  of  genuine  Singaporean  origin.  Those 
imports not considered to be of genuine Singaporean origin were found to be extremely low. 
At the same time imports from the USA dropped by more than 83% to 0% between 2008 and 
the IP. It was concluded that, in the absence of any information to the contrary, the change in 
pattern  in  trade  particularly  since  2008  when  both  Canadian  and  Singaporean  exporters 
increased their volumes while the American exports to the EU dropped, was as a result of the 
imposition of the anti-dumping measures on biodiesel imports from the USA. Concerning the 
exports  of  B20  blends  originating  from  the  USA,  a  significant  amount  of  the  product  was 

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found to be  exported  to the Union. Since no other economic justification was found for  the 
export other than the subsidization of the USA on the one hand, and the avoidance of paying 
any anti-dumping duties when importing into the Union on the other hand, it was found to be 
a result of the imposition of the anti-dumping measures. 

A dumping test was carried out regarding the exports from Canada and the USA and it was 
found that, compared to the normal value from the original investigation, dumping existed. It 
was also found that the imports from Canada and the USA undermined the remedial effects of 
the  original  measures  owing  to  significantly  increased  quantities  and  dumped  prices 
significantly below the injury elimination level established in the original investigation.  

Extension of the measure  

The  investigation  concluded  that  there  was  clear  circumvention  of  the  measures  on  the 
product concerned from the USA both via transhipment via Canada and by imports into the 
Union of biodiesel in a B20 blend. On the other hand the investigation concluded that exports 
to the EU of the products concerned from Singapore were of genuine Singaporean origin. As 
a result the anti-dumping measures imposed by the original definitive Regulation on imports 
of the product concerned originating from the USA were extended in May 2011 to the same 
product  consigned  from  Canada,  whether  declared  as  originating  from  Canada  or  not.  In 
addition, the measures in force on imports of the product concerned originating in the USA 
were also extended to imports of B20 and below. At the same time the investigation regarding 
Singapore was terminated without extending the measures to imports from that country.  

8.3. 

Safeguard investigations 

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

The Commission expects the EU’s commercial partners to follow a similarly strict approach. 
However, more and more countries are adopting safeguard measures, often in circumstances 
which  do  not  appear  to  be  entirely  in  line  with  Article  XIX  of  the  GATT  1994,  the  WTO 
Agreement  on  Safeguards  and  other  WTO  rules.  Consequently,  the  activities  of  the 
Commission  in  relation  to  safeguards  is  more  and  more  driven  towards  the  defence  of  the 
export interests of EU producers, if necessary at WTO level. 

As  regards  conventional  trade  regimes,  the  Commission  has  agreed  within  the  various 
bilateral  agreements  to  which  it  is  a  party  (Europe  Agreements,  Agreements  with 
Mediterranean  countries,  Free  Trade  Agreements  with  South  Africa,  Mexico,  Chili,  etc.)  to 
introduce special safeguard clauses, which apply to cases, which arise between the partners. 
These  clauses  normally  entail  rights  and  obligations  additional  to  those  arising  under  WTO 
safeguard rules (in particular special notification and consultation procedures). In this regard, 
the  Commission  carefully  monitors  any  cases,  which  are  initiated  by  partners  with  which  it 
has a preferential trade agreement. 

At  the  start  of  2011  there  were  no  safeguard  measures  in  place  or  investigations  ongoing. 
During 2011 no safeguard investigation was initiated – Annex L. 1 safeguard investigation on 
Wireless  wide  area  network  (WWAN)  modems  which  had  been  initiated  in  2010  was 
terminated in 2011 without the imposition of measures.  

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9. 

ENFORCEMENT OF ANTI-DUMPING/COUNTERVAILING MEASURES 

Globalisation of trade led to greater possibilities for circumventing or otherwise reducing the 
effectiveness  of  anti-dumping  and  countervailing  measures.  To  address  this  problem, 
throughout 2011 the TDI services continued their follow-up activities aimed at ensuring that 
measures  were  effectively  enforced.  In  the  framework  of  an  integrated  approach  measures 
were  considered  in  all  their  forms  -  duties  and  undertakings  –  and  synergy  was  sought 
between the TDI services and enforcement-oriented services (OLAF, DG Taxud and customs 
authorities in Member States).  

9.1. 

Follow-up of measures 

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

9.2.  Monitoring of undertakings 

Monitoring of undertakings forms part of the enforcement activities, given that undertakings 
are a form of AD or CVD measures. They are accepted by the Commission if it is satisfied 
that they can effectively eliminate the injurious effects of dumping or subsidisation. 

At  the  beginning  of  2011,  there  were  22  undertakings  in  force.  During  2011,  the  following 
changes to the portfolio of undertakings took place: undertakings of 5 companies came to an 
end due to the expiry/repeal of measures and an undertaking of one company was accepted. 
This brings the total number of undertakings in force at the end of 2011 to 18.. 

10. 

REFUNDS  

Articles  11(8)  and  21(1)  of  the  basic  Regulations  allow  importers  to  request  the 
reimbursement  of  the  relevant  collected  duties  where  it  is  shown  that  the  dumping/subsidy 
margin,  on  the  basis  of  which  duties  were  paid,  has  been  eliminated  or  reduced  to  a  level 
below that of the duty in force. 

During 2011, 26 new refund requests were submitted. At the end of 2011, 12 investigations 
were  on-going,  covering  18  requests.  In  2011,  24  Commission  Decisions  were  adopted:  12 
granting partial refund and 12 rejecting the refund requests. 7 requests were withdrawn. 

11. 

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

11.1.  Overview of the judicial reviews in 2011. 

In 2011, the General Court and the Court of Justice rendered 9 judgments in total relating to 
the areas of anti-dumping or anti-subsidy. In addition there were also 4 orders. 

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11.2.  Cases pending 

A  list  of  the  anti-dumping/anti-subsidy  cases  before  the  General  Court  and  the  Court  of 
Justice still pending at the end of 2011 is given in Annex S (37 before the General Court and 
12 before the Court of Justice). 

11.3.  New cases 

16 new cases were lodged in 2011 (compared to 13 in 2010, 17 in 2009, 16 in 2008 and 10 in 
2007). 12 of these were lodged before the General Court and 4 before the Court of Justice. 

11.4. 

Judgments rendered by the General Court 

In 2011, the General Court rendered 8 judgments relating to the areas of anti-dumping or anti-
subsidy.  The  General  Court  additionally  terminated  1  case  by  issuing  an  order.  Details  of 
some of the cases are set out below. 

11.4.1.  Certain  polyethylene  terephthalate  originating  in  India,  Indonesia,  Malaysia,  the 
Republic  of  Korea,  Thailand  and  Taiwan  –  T-167/07  –  Far  Eastern  New  Century 
Corp.  v  Council  of  the  European  Union  –  Judgment  of  13  April  2011  (OJ  160, 
28.5.2011, p. 15) 

The  applicant,  Far  Eastern  New  Century  Corp.,  sought  the  annulment  of  Regulation  (EC) 
No 192/2007  imposing  a  definitive  anti-dumping  duty  on  imports  of  certain  polyethylene 
terephthalate originating in India, Indonesia, Malaysia, the Republic of Korea, Thailand and 
Taiwan following an expiry review and a partial interim review, applying to the applicant a 
duty of EUR 36.3 per tonne polyethylene terephthalate. The applicant put forward two main 
claims  in  support  of  its  action.  The  first  one concerns  the  method  for  the  calculation  of  the 
dumping margin and the second one the use of zeroing technique. The main findings are set 
out below. 

First, the applicant contested the choice of the asymmetrical method for the calculation of the 
dumping margin made by the institutions pursuant to Article 2(11) of the basic Anti-dumping 
Regulation. 

The Court upheld the institutions' choice as it found that the two conditions for the application 
of  the  asymmetrical  method  were  well  established,  namely  the  existence  of  a  significant 
difference in the pattern of export prices as between the different purchasers, regions or time 
periods  and  that  the  symmetrical  methods  would  not  reflect  the  full  degree  of  dumping 
practiced. In particular as regards the first condition, the Court clarified that the existence of 
any  one  of  the  three  differences  in  the  pattern  of  export  prices,  the  different  purchasers, 
regions or time periods, referred to in Article 2(11) of the Basic Regulation is sufficient for 
the  first  condition  laid  down  in  that  provision  to  be  satisfied.  Also,  it  indicated  that  the 
existence  of  a  pattern  of  export  prices  which  differs  significantly  by  time  period  must  be 
assessed solely on the basis of an objective analysis of the development of those prices over 
time, no account being taken of how they compare with domestic prices or of the reasons for 
the different export prices. 

Second,  as  regards  the  use  of  zeroing  technique,  the  applicant  claimed  that  the  negative 
dumping  margins  should  not  have  been  zeroed  when  its  dumping  margin  was  calculated  in 
accordance  with  the  asymmetrical  method  and  instead  other  calculations  should  have  been 
employed. 

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The  Court  held  that  the  need  to  use  the  zeroing  technique  in  the  context  of  applying  the 
asymmetrical  method  results  directly  from  Article  2(11)  of  the  basic  Anti-dumping 
Regulation  and  from  Article  2.4.2  of  the  1994  Anti-dumping  Code,  which  defines  the 
asymmetrical method as an alternative to the symmetrical methods. The Court indicated that 
the  zeroing  technique  is  commonly  used  by  importing  countries  and  customs  unions, 
including  the  European  Union.  Furthermore,  the  Court  held  that  it  is  neither  contrary  to 
Article  2.4.2  of  the  1994  Anti-dumping  Code  or  Article  2(11)  of  the  Basic  Regulation,  nor 
unfair for the purposes of Article 2(10) of that regulation, to employ the zeroing technique in 
the context of the asymmetrical method, where the two conditions for applying that method 
are  satisfied.  It  was  clarified  that  the  zeroing  technique  has  proved  to  be  mathematically 
necessary  in  order  to  distinguish,  in  terms  of  its  results,  the  asymmetrical  method  from  the 
first  symmetrical  method.  In  the  absence  of  that  reduction,  the  asymmetrical  method  will 
always yield the same result as the first symmetrical method. 

In the light of the above findings the Court dismissed the action. 

The judgment has not been appealed. 

11.4.2.  Cotton-type bed linen originating in Pakistan – T-199/04 – Gul Ahmed Textile Mills 
v  Council  of  the  European  Union  –  Judgment  of  27  September  2011  (OJ  C  331, 
12.11.2011, p. 15) 

The applicant, a Pakistani company engaged in the export sales and marketing of bed linen, 
sought  an  annulment  of  Regulation  (EC)  No  397/2004,  which  imposed  a  definitive  anti-
dumping duty on imports of cotton-type bed linen originating in Pakistan. The applicant was 
subject to a duty of 13.1% which was later lowered to 5.6% 

The  main  claim  put  forward  by  the  applicant  in  support  of  his  action  concerned  the 
establishment of a causal link between the dumped imports and the injury allegedly suffered 
by the Union industry. The applicant argued, in essence, that the Council made an error of law 
by failing to examine whether the abolition of the previous anti-dumping duties on bed linen 
from Pakistan, and the implementation of a scheme of generalised tariff preferences in favour 
of Pakistan at the start of 2002 had the effect of breaking the causal link between the injury 
suffered by the Union industry and the dumped imports from Pakistan.  

The Court concluded that the EU institutions did not correctly carry out the determination of 
the said causal link. 

Since the exporting producers of Pakistani bed linen drew the attention of the EU institutions 
to what they believed to be the origin of the injury allegedly suffered by the Union industry, 
the EU institutions were placed in a position to assess the effects which both the abolition of 
previous  anti-dumping  duties  and  the  implementation  of  a  scheme  of  generalised  tariff 
preferences were capable of producing on the Union industry and, consequently, on the causal 
link.  Because  these  legislative  changes  were  known  factors,  in  the  context  of  the  Basic 
Regulation, the EU institutions had to take them into account, as the causal link formed the 
subject matter of the anti-dumping investigation. 

If  the  injurious  effects  of  the  dumped  imports  are  not  correctly  separated  and  distinguished 
from the injurious effects of other factors such as the abolition of the previous anti-dumping 
duties,  the  EU  institutions  will  not  be  in  a  position  to  conclude  that  the  injury  which  they 
attribute  to  the  dumped  imports  has  actually  been  caused  by  the  latter,  rather  than  by  other 

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factors.  The  institutions  would  thus  have  no  rational  basis  to  conclude  that  the  dumped 
imports are indeed causing the injury which justifies the imposition of anti-dumping duties.  

In  the  light  of  the  above  findings  the  Court  ruled  that  the  contested  regulation  had  to  be 
annulled. The Council appealed the judgment and the appeal case is pending before the Court 
of Justice. 

11.4.3.  Ironing  boards  originating  in  the  People’s  Republic  of  China  and  Ukraine  –  T-
274/07 – Zhejiang Harmonic Hardware Products v Council of the European Union – 
Judgment of 8 November 2011 (OJ C 370, 17.12.2011, p. 22) 

The  applicant,  a  Chinese  manufacturer  of  ironing  boards,  sought  the  annulment  of  Council 
Regulation  (EC)  No  452/2007,  which  imposed  a  definitive anti-dumping  duty  and  collected 
the  provisional  duty  on  imports  of  ironing  boards  originating  in,  inter  alia,  China.  The 
applicant  was  subject  to  a  duty  of  26.5%.  The  applicant  put  forward  four  main  claims  in 
support of its action.  

Firstly,  the  applicant  argued  that  the  Commission  failed  to  justify  its  reassessment  of  the 
question  of  market  economy  treatment  with  new  information  which  differed  from  that  on 
which the previous assessment was based.  

The Court dismissed this plea as unfounded because, having regard to the very nature of the 
disclosure documents in the general scheme of the Basic Regulation (purely informative), the 
Commission  was  not  required  to  justify  by  new  data  or  information  the  evolution  of  its 
position. In the present case, it was sufficient for the Commission to give reasons for its final 
position, confirming its initial decision, in relation to all the relevant matters of fact and law, 
for the purpose of determining whether to grant market economy treatment. 

Secondly, the applicant claimed that, by conferring anonymity on the intervening companies 
and  thus  protecting  the  identity  of  the  companies,  it  was  impossible  for  the  applicant  to 
analyse properly much of the key data in the complaint and to respond effectively to it in the 
earlier stages of the investigation, thus breaking the applicant's right of defence.  

The Court dismissed this plea and held that the Commission did not commit an error of law in 
deciding that the alleged risk of pressure being applied to the intervening companies justified 
agreeing to their request for confidentiality.  

Thirdly,  the  applicant  argued  that  it  had  no  opportunity  to  defend  its  interests  effectively 
because the Commission, contrary to the Basic Regulation, allowed the applicant a period of 
less than ten days in which to submit comments.  

The Court upheld this plea. By failing to comply with the ten-day period the applicant's right 
of  defence  was  affected.  Since  it  could  not  be  ruled  out  that  the  Commission  would  have 
reconsidered its assessment for market economy treatment again, in the absence of procedural 
irregularities,  a  further  period  might  have  enabled  the  applicant  to  develop  substantive 
arguments  thus  allowing  the  applicant  to  defend  himself  more  effectively.  In  addition,  an 
answer from the applicant to the procedural arguments could have influenced the content of 
the  proposal  for  definitive  measures.  If  the  Commission  had  fulfilled  its  procedural 
obligations  to  the  applicant,  the  administrative  procedure  could  have  produced  a  different 
result.  

Lastly, the applicant pleaded an infringement of its rights as exporter to offer undertakings. 

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The  Court  also  upheld  this  plea.  By  failing  to  comply  with  the  ten-day  period,  the 
Commission infringed the applicant's rights to offer undertakings up until the expiry of that 
period.  

Therefore,  the  contested  regulation  was  annulled,  in  so  far  as  it  imposed  a  definitive  anti-
dumping duty and collected definitively the provisional duty on ironing boards manufactured 
by the applicant. 

11.4.4.  Certain magnesia bricks originating from the People's Republic of China – T-423/09 
– Dashiqiao v Council of the Europen Union – Judgment of 16 December 2011 (OJ 
C 32, 4.2.2012, p. 21) 

The applicant, a company established in China, sought the annulment of Council Regulation 
(EC)  No  826/2009  amending  Regulation  (EC)  No  1659/2005.  The  regulation  imposed  a 
definitive anti-dumping duty on imports of certain magnesia bricks originating from China, in 
so far as the anti-dumping duty that it set exceeded that which would be applicable if that duty 
had been determined on the basis of the method applied in the original investigation in order 
to  take  account  of  the  fact  that  Chinese  export  VAT  was  not  refunded.  The  applicant  was 
subject to a duty of 14, 4%. 

The applicant put forward two pleas in support of its action. 

Firstly, the applicant argued that the method used by the Commission in the review, to deal 
with  the  fact  that  export  VAT  was  not  refunded,  infringed  the  principle  of  fair  comparison 
between the export price and the normal value as laid down in the Basic Regulation.  

The Court found that the export price or the normal value should only be corrected in order to 
take  into  account  the  different  factors  that  are  of  influence  on  the  prices  so  as  to  make  the 
prices  comparable.  The  aim  of  the  correction  is  thus  to  restore  the  symmetry  between  the 
normal value and the export price of a product. In light of the definitions given in the Basic 
Regulation,  the  Council  could  consider  the  comparison  of  the  normal  value  with  the  export 
price on a VAT-inclusive basis, as a fair method of comparison.  

Since  the  applicant  did  not  provide  any  arguments  demonstrating  that  this  comparative 
method is unsuitable, the Court dismissed the plea and held that the Council did not commit 
an  error  in  judgement  by  comparing  the  export  price  with  the  normal  value  on  a  VAT-
inclusive basis and consequently did not infringe the principle of fair comparison. 

Second, the applicant argued that the calculation method differed radically from that applied 
in the original investigation without any valid justification.  

The  Court  also  dismissed  this  plea.  The  circumstances  during  the  original  and  the  new 
investigation had changed. During the original investigation, the Chinese VAT was partially 
refunded for the products under consideration while, during the new investigation, VAT was 
not refunded at all. While in the original investigation it was found necessary to correct the 
situation,  considering  the  changed  circumstances,  the  Council  was  allowed  to  cease  the 
correction of the normal value and the export price, since this value and price could fairly be 
compared on a VAT-inclusive basis.  

The Court thus dismissed the action for annulment. 

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11.5. 

Judgments rendered by the Court of Justice 

In  2011,  the  Court  of  Justice  rendered  1  judgment  relating  to  the  area  of  anti-dumping 
regarding  an  appeal  against  the  judgment  of  the  General  Court.  In  addition  the  Court  of 
Justice rendered two orders which concern a leave to intervene on appeal. 

12. 

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

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

12.1.1.  Overview of the WTO dispute settlement procedure 

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

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

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

12.1.2.  Dispute settlement procedures against the Union 

China-Certain Footwear 

By Council Regulation (EC) No 1472/2006 and Council Implementing Regulation (EU) No 
1294/2009,  the  Council  imposed  anti-dumping  measures  on  certain  leather  footwear 
originating  in  the  People's  Republic  of  China.  In  February  2010,  China  requested 
consultations with the European Union concerning the above Regulations. Consultations were 
held  in  March  2010.  Subsequently,  in  April  2010,  China  requested  the  establishment  of  a 
panel.  The  panel  was  established  in  May  2010  and  its  members  were  elected  in  July  2010. 
The panel report was issued in October 2011 

The panel concluded that, in the great majority of the issues examined, the EU acted in full 
compliance  with  WTO  rules.  However,  the  Panel  found  that  Article  9(5)  of  the  Basic 
Regulation  was  inconsistent  with  the  European  Union's  obligations  under  Articles  6.10,  9.2 
and  18.4  of  the  AD Agreement,  Article I:  1  of  the  GATT  1994,  and  Article XVI:  4  of  the 
WTO  Agreement,  and  that  the  application  of  Article 9(5)  of  the  Basic Regulation  in  the 

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footwear  original  investigation  was  inconsistent  with  Articles 6.10  and  9.2  of  the 
AD Agreement. 

In addition, the Panel found that the EU had acted inconsistently with the AD Agreement with 
respect to the determination of the amounts for SG&A and profit for one producer-exporter in 
the  original  investigation.  Moreover  it  found  that  the  European  Union  acted  inconsistently 
with  its  obligations  under  Articles  6.5  and  6.5.1  of  the  AD  Agreement  with  respect  to  the 
confidential  treatment,  or  the  non-confidential  summarization,  of  certain  information  in  the 
original investigation and the expiry review. 

The  Panel  rejected  the  majority  of  China's  claims  with  respect  to  individual  treatment 
requests; market economy treatment; dumping determination; selection of countries for expiry 
review  and  investigation;  scope  of  the  product  under  consideration,  or  the  like  product; 
sample for the injury analysis and determination; cumulative assessment; evaluation of injury 
indicators; causation; the amount of time provided for comments and responses; questionnaire 
responses;  confidential 
information;  non-confidential  summarization  of 
information;  not  applying  available  facts;  and  imposition  and  collection  of  anti-dumping 
duties.  

treatment  of 

Lastly, the Panel concluded that, since Article 17.6(i) of the AD Agreement does not impose 
any  obligations  on  the  investigating  authorities  of  WTO  Members  in  anti-dumping 
investigations that could be the subject of a finding of violation, China's claims of violation of 
Article 17.6(i) had to be dismissed. Further, it applied judicial economy with respect to some 
of China's claims regarding all three measures. 

Since  the  Review  and  Definitive  Regulations  expired  as  of  31  March  2011,  the  Panel 
concluded  that  there  was  no  basis  for  a  recommendation  to  “bring  the  [expired]  measure[s] 
into  conformity”  under  Article 19.1  of  the  DSU. With  respect  to  Article 9(5)  of  the 
Basic Regulation,  the  Panel  recommended  that  the  European  Union  bring  this  measure  into 
conformity  with  its  obligations  under  the  WTO  Agreements. The  Panel  declined  to  make  a 
suggestion  on  how  the  DSB  recommendations  and  rulings  may  be  implemented  by  the 
European Union. 

China – Fasteners 

In July 2011 the WTO Appellate Body issued a report on the dispute settlement case taken by 
China against the EU on anti-dumping measures on imports of certain iron or steel fasteners 
originating  in  China.  This  was  the  first  WTO  challenge  launched  by  China  against  the  EU 
since it joined the WTO in 2001. China challenged the WTO-consistency of Article 9.5 of the 
EU  basic  AD  regulation  (the  provision  on  "individual  treatment"  of  exporters  from  non-
market  economies)  and  of  the  EU  regulation  imposing  a  definitive  anti-dumping  duty  on 
imports of certain iron or steel fasteners from China. 

The panel had circulated its report to WTO Members in December 2010 and in March 2011 
the EU appealed certain aspects of the panel report. The Appellate Body issued its report in 
July 2011 and at its meeting on 28 July 2011 the Dispute Settlement Body (DSB) adopted the 
Report.  While  the  large  majority  of  China's  claims  with  respect  to  the  fasteners  regulation 
were rejected by the Panel and by the Appellate Body, certain aspects of that regulation were 
considered to be in breach of WTO law. The Appellate Body upheld the Panel's findings that 
Article 9(5) of the European Union's Basic Anti-Dumping Regulation was WTO-inconsistent 
in  and  of  itself  ("as  such")  because  it  conditions  the  determination  of  individual  dumping 

EN 

57 

   EN 

 
margins,  and  the  imposition  of  individual  anti-dumping  duties,  on  the  fulfilment  of  an 
“Individual Treatment" test.  

In September 2011, the European Union informed the WTO DSB that it intends to implement 
the  recommendations  and  rulings  of  the  DSB  in  this  dispute  in  a  manner  that  respects  its 
WTO  obligations.  In  February  2012,  the  Commission  proposed  to  the  European  Parliament  
and the  Council an amendment to the Basic Anti-Dumping Regulation to take account of the 
DSB Ruling24. The amendment was published in September 2012 25.  

12.2.  Other WTO activities 

In  2011,  the  Chair  of  the  DDA  Negotiating  Group  on  rules  launched  a  process  of  informal 
plurilateral consultations on various topics where it  was felt that the  gaps  remaining  among 
Members should be further worked on. This resulted in the circulation of a new text on anti-
dumping  disciplines  highlighting  areas  of  convergence  and  outstanding  problematic  issues, 
whereas  progress  on  subsidies  and  fisheries  subsidies  negotiations  was  treated  in  a  report 
(WTO  Document  TN/RL/W/254  of  21  April  2011).  While  these  documents  accurately 
reflected the state of the negotiations in those areas, it did not prove possible to take the latter 
forward in 2011 partly because of the overall dynamics of the DDA negotiations. Following 
resignation  by  the  Chair  Francis,  a  consensus  among  Members  was  found  to  appoint 
Ambassador  McCook  (Jamaica)  as  Chairman  of  the  Negotiating  Group  on  Rules.  His 
appointment  was  confirmed  at  a  formal  meeting  held  in  February  2012.  Subsequently,  the 
Technical Group, a subgroup of the negotiating group, was convened twice (in February and 
April 2012). 

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

13. 

CONCLUSION 

Overall the level of activity in 2011 over 2010 increased when based on the initiation of new 
cases  –  21  as  compared  to  18.  This  represented  an  increase  in  both  anti-dumping  and  anti-
subsidy  cases  initiated  compared  to  the  previous  year.  There  was  a  slight  increase  in  the 
number of cases terminated without the imposition of measures up 1 to 11 in 2011. 2011 saw 
the number of reviews initiated drop from 31 in 2010 to 24 in 2011. There were no safeguard 
cases initiated unlike the previous year where the first case in many years had been initiated.  

2011 also saw the launch of a debate for the modernisation of the trade defence instruments. 
In launching the exercise the Commission services drew on an evaluation study on the EU's 
trade  defence  instruments  (commissioned  in  2010  and  continued  throughout  2011)  by  an 
independent  contractor  and  also  on  a  number  of  interviews  with  experts  in  the  field.  The 
modernisation exercise and the evaluation study are designed to improve the EU's application 
of Trade Defence instruments.  

24 COM (2012) 41 Final 
25 O.J. L237, 03.09.2012 

EN 

58 

   EN 

 
  
                                                 
In  2011,  the  Commission  continued  to  focus  on  the  needs  of  SMEs  in  the  context  of  trade 
defence  investigations  publishing  the  "Paper  on  Actions  to  Address  the  Difficulties 
Encountered  by  SMEs  Involved  in  Trade  Defence  Instruments".  This  was  a  follow  on  from 
the  results  of  the  study  carried  out  by  an  independent  contractor  in  2010  launched  by  the 
Commission in recognition of the important role that SMEs have in the EU's economy and the 
difficulties they face in participating in trade defence investigations. The paper published in 
2011  contains  a  number  of  actions  designed  to  assist  SMEs  when  participating  in  trade 
defence investigations.  

The TDI services also continued their information role through organising seminars aimed at 
third country officials and held a number of bilateral contacts with industry.  

EN 

59 

   EN 

 
ANNEXES : SUMMARY 

LIST OF ANNEXES 

ANNEX A 

New investigations initiated during the period 1 January – 31 December 2011 

A.  Anti-dumping investigations 

B.  Anti-subsidy investigations 

ANNEX B 

New investigations initiated  

A.  by product sector during the period 2007 – 2011 (31 December) 

B.  by country of export during the period 2007 – 2011 (31 December) 

ANNEX C 

New  investigations  concluded  by  the  imposition  of  provisional  duties  during  the 
period 1 January - 31 December 2011 

A.  Anti-dumping investigations 

B.  Anti-subsidy investigations 

ANNEX D 

New investigations concluded by the imposition of definitive duties during the period 
1 January - 31 December 2011 

A.  Anti-dumping investigations 

B.  Anti-subsidy investigations 

ANNEX E 

New  investigations  terminated  without  imposition  of  measures  during  the  period 
1 January - 31 December 2011 

A.  Anti-dumping investigations 

B.  Anti-subsidy investigations 

ANNEX F 

ANNEX G 

Expiry  reviews  initiated  or  concluded  during  the  period  1  January  –  31  December 
2011 

Interim  reviews  initiated  or  concluded  during  the  period  1  January  –  31  December 
2011 

ANNEX H 

Other reviews concluded during the period 1 January - 31 December 2011 

ANNEX I 

New  exporter  reviews  initiated  or  concluded  during  the  period  1  January  –  31 
December 2011  

A.  Anti-dumping investigations 

B. Anti-subsidy investigations 

ANNEX J 

ANNEX K 

Anti-absorption investigations initiated or concluded during the period 1 January - 31 
December 2011 

Anti-circumvention investigations initiated or concluded during the period 1 January 
- 31 December 2011 

ANNEX L 

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

EN 

60 

   EN 

 
December 2011 

ANNEX M 

Undertakings accepted or repealed during the period 1 January – 31 December 2011 

ANNEX N 

Measures which expired during the period 1 January - 31 December 2011 

ANNEX O 

Definitive anti-dumping measures in force on 31 December 2011  

A.  Ranked by product 

B.  Ranked by country 

ANNEX P 

Definitive anti-subsidy measures in force on 31 December 2011 

A.  Ranked by product 

B.  Ranked by country 

ANNEX Q 

Undertakings in force on 31 December 2011  

A.  Ranked by product 

B.  Ranked by country 

ANNEX R 

Anti-dumping & anti-subsidy investigations pending on 31 December 2011 : 

A.  New investigations (ranked by product) 

B.  Review investigations (ranked by product) 

C.  Ranked by country (new & review investigations) 

ANNEX S 

Court cases  

A. Court  cases  pending  before  the  Court  of  Justice  and  the  General  Court  on  31 

December 2011 

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

General Court on 31 December 2011 

ANNEX T 

Safeguard and surveillance measures in force on 31 December 2011 

EN 

61 

   EN 

 
 
ANNEX A 

New investigations initiated 

During the period 1 January – 31 December 2011 

A. 

Anti-dumping investigations (chronological by date of publication) 

Product 

Country of origin 

OJ Reference 

Oxalic acid 

Polyethylene terephthalate (PET) 

India 
P.R. China 

Oman 
Saudi Arabia 

Sodium cyclamate 

P.R. China 

Soy protein products (certain concentrated) 

P.R. China 

Stainless steel fasteners 

India 

Seamless pipes and tubes of iron or steel (certain)  Belarus 

Woven and/or stitched glass fibre fabrics 

P.R. China 

Tartaric acid 

P.R. China 

Aluminium radiators  

P.R. China 

Tube and pipe fittings of iron or steel 

Bioethanol 

Russia 
Turkey 

U.S.A. 

C 24 
26.01.2011 
p. 8 

C 49 
16.02.2011 
p. 16 

C 50 
17.02.2011 
p. 9 

C 121 
19.04.2011 
p. 71 

C 142 
13.05.2011 
p. 30 

C 187 
28.06.2011 
p. 22 

C 222 
28.07.2011 
p. 12 

C 223 
29.07.2011 
p. 11 

C 236 

12.08.2011 

p. 18 

C 320 

01.11.2011 

p. 4 

C 345 

EN 

62 

   EN

 
White phosphorous 

Kazakhstan 

Aluminium foil 

P.R. China 

Organic coated steel products 

P.R. China 

25.11.2011 

p. 7 

C 369 

17.12.2011 

p. 19 

C 371 

20.12.2011 

p. 4 

C 373 

21.12.2011 

p. 16 

EN 

63 

   EN

 
B. 

Anti-subsidy investigations (chronological by date of publication) 

Product 

Country of origin 

OJ Reference 

Polyethylene terephthalate (PET) (AS) 

Oman 

Saudi Arabia 

Stainless steel fasteners (AS) 

India 

Bioethanol 

U.S.A. 

C 49 
16.02.2011 
p. 21 

C 142 
13.05.2011 
p. 36 

C 345 

25.11.2011 

p. 13 

ANNEX B 

A. 

New investigations initiated by product sector during the period 2007 – 2011 
(31 December) 

Product 

2007 

2008 

2009 

2010 

2011 

2 

- 

- 

- 

1 

11 

3 

3 

20 

18 

2 

9 

3 

- 

1 

- 

4 

1 

3 

21 

15 

6 

7 

- 

2 

2 

1 

3 

- 

3 

18 

15 

3 

9 

- 

- 

- 

- 

6 

2 

4 

21 

17 

4 

Chemical and allied 

Textiles and allied 

Wood and paper 

Electronics 

Other mechanical engineering 

Iron and Steel 

Others metal 

Other 

Of which 

anti-dumping 

anti-subsidy 

EN 

2 

- 

- 

- 

- 

6 

- 

1 

9 

9 

0 

64 

   EN

 
 
 
 
B. 

New  investigations  initiated  by  country  of  export  during  the  period  2007  –
2011 (31 December) 

Country of origin 

2007 

2008 

2009 

2010 

2011 

Armenia 

Belarus 

Bosnia & Herzegovina 

Brazil 

China (People's Republic of) 

India 

Indonesia 

Iran 

Kazakhstan 

Korea (Rep. of) 

Malaysia 

Moldova (Rep. of) 

Oman 

Pakistan 

Russia 

Saudi Arabia 

Taiwan 

Thailand 

Turkey 

Ukraine 

U.A.E. 

U.S.A. 

- 

1 

1 

- 

6 

- 

- 

- 

- 

- 

- 

- 

- 

- 

1 

- 

- 

- 

- 

- 

- 

- 

9 

1 

1 

- 

1 

6 

- 

- 

- 

- 

1 

- 

1 

- 

- 

- 

- 

1 

1 

2 

1 

- 

4 

- 

- 

- 

- 

7 

2 

- 

2 

- 

1 

2 

- 

- 

2 

- 

- 

1 

2 

- 

- 

2 

- 

- 

- 

1 

- 

10 

3 

1 

- 

- 

- 

1 

- 

- 

- 

- 

- 

- 

1 

- 

- 

- 

1 

- 

1 

- 

- 

8 

3 

- 

- 

1 

- 

- 

- 

2 

- 

1 

2 

- 

- 

1 

- 

- 

2 

20 

21 

18 

21 

EN 

65 

   EN

 
 
ANNEX C 

New investigations concluded by the imposition of provisional duties 

During the period 1 January – 31 December 2011 

A. 

Anti-dumping investigations (chronological by date of publication) 

Product 

Country of 
origin 

Regulation N° 

OJ Reference 

Rind binder mechanisms 

Thailand 

Glass fibres (certain open mesh 
fabrics) 

P.R. China 

Ceramic tiles 

P.R. China 

Fatty alcohols and their blends 

India 

Seamless pipes and tubes of 
stainless steel 

Indonesia 

Malaysia 

P.R. China 

Vinyl acetate 

U.S.A. 

Oxalic acid 

India 

P.R. China 

Commission Reg. 
(EU) No 118/2011 
10.02.2011 

Commission Reg. 
(EU) No 138/2011 
16.02.2011 

Commission Reg. 
(EU) No 258/2011 
16.03.2011 

Commission Reg. 
(EU) No 446/2011 
10.05.2011 

Commission Reg. 
(EU) No 627/2011 
27.06.2011 

Commission Reg. 
(EU) No 821/2011 
16.08.2011 

Commission Reg. 
(EU) No 1043/2011 
19.10.2011 

L 37 
11.02.2011 
p. 2 

L 43 
17.02.2011 
p. 9 

L 70 
17.03.2011 
p. 5 

L 122 
11.05.2011 
p. 47 

L 169 
29.06.2011 
p. 1 

L 209 
17.08.2011 
p. 24 

L 275 
20.10.2011 
p. 1 

B. 

Anti-subsidy investigations (chronological by date of publication) 

Product 

Country of origin 

Regulation N° 

OJ Reference 

None 

- 

- 

- 

ANNEX D 
New investigations concluded by the imposition of definitive duties 
During the period 1 January – 31 December 2011 
Anti-dumping investigations (chronological by date of publication) 

A. 

Product 

Country of 

Regulation N° 

OJ Reference 

EN 

66 

   EN

 
 
 
Continuous filament glass fibre 
products 

origin 

P.R. China 

Melamine 

P.R. China 

Zeolite A powder 

Bosnia and 
Herzegovina 

Coated fine paper 

P.R. China 

Glass fibres (certain open mesh 
fabrics)  

P.R. China 

Ring binder mechanisms 

Thailand 

Ceramic tiles 

P.R. China 

Fatty alcohols and their blends 

Seamless pipes and tubes of 
stainless steel 

India 
Indonesia 
Malaysia 

P.R. China 

Council Impl. Reg. 
(EU) No 248/2011 
09.03.2011 

Council Impl. Reg. 
(EU) No 457/2011 
10.05.2011 

Council Impl. Reg. 
(EU) No 464/2011 
11.05.2011 

Council Impl. Reg. 
(EU) No 451/2011 
06.05.2011 

Council Impl. Reg. 
(EU) No 791/2011 
03.08.2011 

Council Impl. Reg. 
(EU) No 792/2011 
05.08.2011 

Council Impl. Reg. 
(EU) No 917/2011 
12.09.2011 

Council Impl. Reg. 
(EU) No 1138/2011 
08.11.2011 

Council Impl. Reg. 
(EU) No 1331/2011 
14.12.2011 

L 67 
15.03.2011 
p. 1 

L 124 
13.05.2011 
p. 2 

L 125 
14.05.2011 
p. 1 

L 128 
14.05.2011 
p. 1 

L 204 
09.08.2011 
p. 1 

L 204 
09.08.2011 
p. 11 

L 238 
15.09.2011 
p. 1 

L 293 
11.11.2011 
p. 1 

L 336 
20.12.2011 
p. 6 

B. 

Anti-subsidy investigations (chronological by date of publication) 

Product 

Country of 
origin 

Regulation N° 

OJ Reference 

Stainless steel bars and rods (AS) 

India 

Coated fine paper (AS) 

P.R. China 

Council Impl. Reg. 
(EU) No 405/2011 
19.04.2011 

Council Impl. Reg. 
(EU) No 452/2011 
06.05.2011 

L 108 
28.04.2011 
p. 3 

L 128 
14.05.2011 
p. 18 

EN 

67 

   EN

 
 
ANNEX E 

New investigations terminated without the imposition of measures 

During the period 1 January – 31 December 2011 

A. 

Anti-dumping investigations (chronological by date of publication) 

Product 

Country of 
origin 

Decision N° 

OJ Reference 

Purified terephthalic acid and its 
salts 

Thailand 

Wireless wide area networking 
(WWAN) modems 

P.R. China 

Stainless steel bars 

India 

Tris (2-chloro-1-methyl-ethyl) 
phosphate 

P.R. China 

Graphite electrode system (certain)  P.R. China 

Polyethylene terephthalate (PET) 

Oman 

Saudi Arabia 

Commission Dec. 
No 2011/32/EU 
20.01.2011 

Commission Reg. 
(EU) No 209/2011 
02.03.2011 

Commission Dec. 
No 2011/154/EU 
09.03.2011 

Commission Dec. 
No 2011/498/EU 
09.09.2011 

Commission Dec. 
No 2011/642/EU 
29.09.2011 

Commission Dec. 
No 2011/835/EU 
13.12.2011 

L 15 
20.01.2011 
p. 22 

L 58 
03.03.2011 
p. 36 

L 63 
10.03.2011 
p. 21 

L 205 
10.08.2011 
p. 35 

L 254 
30.09.2011 
p. 20 

L 330 
14.12.2011 
p. 45 

B. 

Anti-subsidy investigations (chronological by date of publication) 

Product 

Country of 
origin 

Decision N° 

OJ Reference 

Purified terephthalic acid and its 
salts (AS) 

Thailand 

Wireless wide area networking 
(WWAN) modems (AS) 

P.R. China 

Polyethylene terephthalate (PET) 

Oman 

Saudi Arabia 

Commission Dec. 
No 2011/31/EU 
20.01.2011 

Commission Reg. 
(EU) No 209/2011 
02.03.2011 

Commission Dec. 
No 2011/834/EU 
13.12.2011 

L 15 
20.01.2011 
p. 17 

L 58 
03.03.2011 
p. 36 

L 330 
14.12.2011 
p. 43 

EN 

68 

   EN

 
 
ANNEX F 

Expiry reviews initiated or concluded 

During the period 1 January – 31 December 2011 

(Chronological by date of publication) 

Initiated 

Product 

Country of origin 

OJ Reference 

Tartaric acid 

P.R. China 

Seamless pipes and tubes of iron or steel 

Croatia 

Lever arch mechanisms 

Russia 

Ukraine 

P.R. China 

Chamois leather 

P.R. China 

Plastic sacks and bags 

P.R. China 

Thailand 

C 24 
26.01.2011 
p. 14 

C 187 
28.06.2011 
p. 16 

C 217 
23.07.2011 
p. 35 

C 270 
13.09.2011 
p. 6 

C 283 
27.09.2011 
p. 11 

Concluded : confirmation of duty 

Product 

Country of 
origin 

Regulation/Decision 
N° 

OJ Reference 

Okoumé plywood 

P.R. China 

Tungsten 
tungsten carbide 

carbide 

and 

fused 

P.R. China 

Furfuraldehyde 

P.R. China 

Barium carbonate 

P.R. China 

Council Impl. Reg. 
(EU) No 82/2011 
31.01.2011 

Council Impl. Reg. 
(EU) No 287/2011 
21.03.2011 

Council Impl. Reg. 
(EU) No 453/2011 
04.05.2011 

Council Impl. Reg. 
(EU) No 831/2011 

L 28 
02.02.2011 
p. 1 

L 78 
24.03.2011 
p. 1 

L 123 
12.05.2011 
p. 1 

L 214 
19.08.2011 

EN 

69 

   EN

 
 
Bicycles 

P.R. China 

Hand  pallet 
essential parts 

trucks  and 

their 

P.R. China 

Thailand (ext.) 

Trichloroisocyanuric acid (TCCA) P.R. China 

16.08.2011 

p. 1 

Council Impl. Reg. 
(EU) No 990/2011 
03.10.2011 

Council Impl. Reg. 
(EU) No 1008/2011 
10.10.2011 

Council Impl. Reg. 
(EU) No 1389/2011 
19.12.2011 

L 261 
06.10.2011 
p. 2 

L 268 
13.10.2011 
p. 1 

L 346 
30.12.2011 
p. 6 

Concluded : termination and repeal of the measures 

Product 

Country of origin  Regulation/ Decision 

OJ Reference 

Polyester staple fibres 

P.R. China 

Magnesia bricks (certain) 

P.R. China 

Broad spectrum antibiotics 

India 

(AS) 

Castings (certain) 

P.R. China 

N° 

Council Impl. Reg. 
(EU) No 554/2011 
30.05.2011 

Council Impl. Reg. 
(EU) No 616/2011 
21.06.2011 

Council Impl. Reg. 
(EU) No 803/2011 
04.08.2011 

Council Impl. Reg. 
(EU) No 871/2011 
26.08.2011 

L 150 
09.06.2011 
p. 1 

L 166 
25.06.2011 
p. 1 

L 206 

11.08.2011 

p. 1 

L 227 

02.09.2011 

p. 1 

EN 

70 

   EN

 
 
ANNEX G 

Interim reviews initiated or concluded 

during the period 1 January – 31 December 2011 
(chronological by date of publication) 

Initiated 

Product 

Country of origin 

OJ Reference 

Sodium cyclamate 

P.R. China 

Polyethylene terephthalate (PET) (AS) 

India 

Polyethylene terephthalate (PET) 

India 

Potassium chloride 

Russia 

Furfuraldehyde 

P.R. China 

Tartaric acid 

P.R. China 

Seamless pipes and tubes of iron or steel 

Ukraine 

PSC wires and strands 

P.R. China 

Seamless pipes and tubes of iron or steel 

Russia 

C 50 
17.02.2011 
p. 6 

C 102 
02.04.2011 
p. 15 

C 102 
02.04.2011 
p. 18 

C 170 
10.06.2011 
p. 10 

C 196 
05.07.2011 
p. 9 

C 223 
29.07.2011 
p. 16 

C 223 
29.07.2011 
p. 8 

C 291 
04.10.2011 
p. 6 

C 303 
14.10.2011 
p. 11 

Concluded : confirmation/amendment of duty 

Product 

Country of 
origin 

Regulation/Decision 
N° 

OJ Reference 

Polyethylene terephthalate (PET) film 

India 

Council Impl. Reg. 
(EU) No 38/2011 

L 15 
20.01.2011 

EN 

71 

   EN

 
 
Polyethylene terephthalate (PET) film 

India 

Polyethylene terephthalate (PET) film 
(AS) 

India 

Polyethylene 
(AS) 

terephthalate 

(PET) 

India 

20.01.2011 

p. 1 

Council Impl. Reg. 
(EU) No 205/2011 
28.02.2011 

Council Impl. Reg. 
(EU) No 206/2011 
28.02.2011 

Council Impl. Reg. 
(EU) No 906/2011 
02.09.2011 

L 58 
03.03.2011 
p. 14 

L 58 
03.03.2011 
p. 18 

L 232 
09.09.2011 
p. 19 

Concluded by termination of review/confirmation of duty 

Product 

Country of 
origin 

Regulation/Decision 
N° 

OJ Reference 

Okoumé plywood 

P.R. China 

Polyethylene terephthalate (PET)  Korea (Rep. of) 

Polyethylene 
(certain) (PET) 

terephthalate 

India 

Council Impl. Reg. 
(EU) No 82/2011 
31.01.2011 

Council Impl. Reg. 
(EU) No 167/2011 
21.02.2011 

Council Impl. Reg. 
(EU) No 905/2011 
01.09.2011 

L 28 
02.02.2011 
p. 1 

L 49 
24.02.2011 
p. 1 

L 232 
09.09.2011 
p. 14 

Concluded : termination and repeal of measures 

Product 

Country of 
origin 

Regulation/ Decision 
N° 

OJ Reference 

Coumarin 

P.R. China 

Castings (certain) 

P.R. China 

Potassium chloride 

Belarus 

Council Impl. Reg. 
(EU) No 655/2011 
28.06.2011 

Council Impl. Reg. 
(EU) No 871/2011 
26.08.2011 

Notice of the expiry of 
certain anti-dumping 
measures (2011/C 
206/10) 

L 180 
08.07.2011 
p. 1 

L 227 

02.09.2011 

p. 1 

C 206 
12.07.2011 
p.18 

EN 

72 

   EN

 
 
 
 
Potassium chloride 

Russia 

Notice of the expiry of 
certain anti-dumping 
measures (2011/C 
206/10) 

C 206 
12.07.2011 
p.18 

EN 

73 

   EN

 
ANNEX H 

Other reviews initiated or concluded 

during the period 1 January – 31 December 2011 

(chronological by date of publication) 

Initiated 

Product 

Country of origin 

OJ Reference 

Compressors 26 

Citrus fruits27 

P.R. China 

P.R. China 

C 98 
30.03.2011 
p. 22 

C 353 
03.12.2011 
p. 15 

Concluded : confirmation/amendment of duty 

Product 

Country of 
origin 

Regulation/Decision 
N° 

OJ Reference 

Polyethylene  terephthalate  (PET) 
film 28 

India 

Plastic sacks and bags 29 

P.R. China 

Bicycle 
bicycles)30 

parts 

(extension 

to 

P.R. China 

Polyethylene  terephthalate  (PET) 
film31 

India 

Council Impl. Reg. 
(EU) No 469/2011 
13.05.2011 

Council Impl. Reg. 
(EU) No 475/2011 
13.05.2011 

Commission Decision 
2011/304/EU 
23.05.2011 

Council Impl. Reg. 
(EU) No 824/2011 
12.08.2011 

High tenacity yarns of polyesters32 

P.R. China 

Council Impl. Reg. 

(EU) No 907/2011 
06.09.2011 

L 129 
17.05.2011 
p. 1 

L 131 
18.05.2011 
p. 10 

L 136 
24.05.2011 
p. 99 

L 211 
18.08.2011 
p. 1 

L 232 
09.09.2011 
p. 29 

26 
27 
28 
29 
30 
31 

Partial reopening of the anti-dumping investigation 
Partial reopening of the anti-dumping investigation 
Adjustment of the anti-dumping duty rates following the expiry of the countervailing duty 
New Exporting Producer Treatment. 
Decision updating the list of parties under examination for exemption from extended duties 
Termination of the partial reopening of the anti-dumping interim review investigation 

EN 

74 

   EN

 
 
 
 
                                                 
Compressors33 

P.R. China 

Council Impl. Reg. 

(EU) No 1306/2011 
12.12.2011 

L 332 
15.12.2011 
p. 1 

New Exporting Producer Treatment. 

32 
33 Clarifying the scope of the definitive anti-dumping duties 

EN 

75 

   EN

 
                                                                                                                                            
ANNEX I 
New exporter reviews initiated or concluded 
during the period 1 January – 31 December 2011 
(chronological by date of publication) 

A. 

Anti-dumping investigations 

Initiated 

Product 

Country of origin  Regulation/Decision 

OJ Reference 

Iron or steel fasteners 

Malaysia  

Steel ropes and cables 

Korea (Rep. of) 

N° 

Commission Reg. 
(EU) No 1164/2011 
15.11.2011 

Commission Reg. 
(EU) No 969/2011 
29.09.2011 

L 297 
16.11.2011 
p. 53 

L 254 
30.9.2011 
p.7 

Concluded: imposition/amendment of duty 

Product 

Country of origin  Regulation/Decision 

OJ Reference 

None 

- 

N° 

- 

- 

Concluded: termination 

Product 

Country of origin  Regulation/Decision 

OJ Reference 

Magnesia bricks (certain) 

P.R. China 

N° 

Council Impl. Reg. 
(EU) No 616/2011 
21.06.2011 

L 166 
25.06.2011 
p. 1 

B. 

Anti-subsidy investigations ("accelerated" investigations) 

Initiated 

Product 

Country of origin  Regulation/Decision 

OJ Reference 

N° (if applicable) 

None 

- 

- 

- 

Concluded : imposition/amendment of duty 

Product 

Country of origin Regulation/Decision 

OJ Reference 

EN 

76 

   EN

 
 
 
 
None 

- 

N° 

- 

- 

Concluded: termination 

Product 

Country of origin  Regulation/Decision 

OJ Reference 

None 

- 

N° 

- 

- 

EN 

77 

   EN

 
 
ANNEX J 

Anti-absorption investigations initiated or concluded 

during the period 1 January – 31 December 2011 

(chronological by date of publication) 

Initiated 

Product 

Country of origin 

OJ Reference 

None 

- 

- 

Concluded with increase of duty 

Product 

Country of origin  Regulation/Decision 

OJ Reference 

None 

- 

N° 

- 

- 

Concluded without increase of duty / termination 

Product 

Country of 
origin 

Regulation/Decision 
N° 

OJ Reference 

None 

- 

- 

- 

EN 

78 

   EN

 
 
 
 
ANNEX K 
Anti-circumvention investigations initiated or concluded  

during the period 1 January – 31 December 2011 

(chronological by date of publication) 

Initiated 

Product 

Country of origin  Regulation/Decision 

OJ Reference 

Molybdenum wires 

China 

P.R. 
(Malaysia, 
Switzerland) 

Glass  fibres  (certain  open  mesh 
fabrics) 

P.R. 
(Malaysia) 

China 

N° 

Commission Reg. 
(EU) No 477/2011 
17.05.2011 

Commission Reg. 
(EU) No 1135/2011 
09.11.2011 

L 131 
18.05.2011 
p. 14 

L 292 
10.11.2011 
p. 4 

Concluded with extension of duty 

Product 

Country of 
consignment 

Regulation N° 

OJ Reference 

Biodiesel 

Canada 

Biodiesel (AS) 

Canada 

Plastic sacks and bags 

P.R. China  

Iron or steel fasteners 

Malaysia 

Council Impl. Reg. 
(EU) No 444/2011 
05.05.2011 

Council Impl. Reg. 
(EU) No 443/2011 
05.05.2011 

Council Impl. Reg. 
(EU) No 474/2011 
03.05.2011 

Council Impl. Reg. 
(EU) No 723/2011 
18.07.2011 

L 122 
11.05.2011 
p. 12 

L 122 
11.05.2011 
p. 1 

L 131 
18.05.2011 
p. 2 

L 194 
26.07.2011 
p. 6 

Concluded without extension of duty / termination 

Product 

Country of 
consignment 

Regulation N° 

OJ Reference 

Biodiesel 

Singapore 

Biodiesel (AS) 

Singapore 

Council Impl. Reg. 
(EU) No 444/2011 
05.05.2011 

Council Impl. Reg. 
(EU) No 443/2011 
05.05.2011 

L 122 
11.05.2011 
p. 12 

L 122 
11.05.2011 
p. 1 

EN 

79 

   EN

 
 
 
 
Exemptions granted and/or rejected 

Product 

Country of 
consignment 

Regulation N° 

OJ Reference 

None 

- 

- 

- 

EN 

80 

   EN

 
ANNEX L 

Safeguard investigations initiated and concluded 

during the period 1 January – 31 December 2011  

(chronological by date of publication) 

New investigations initiated 

Product 

Country of origin 

OJ Reference 

None 

- 

- 

New investigations terminated without imposition of measures 

Product 

Country of 
origin 

Regulation/Decision 
N° 

OJ Reference 

Wireless  wide  area  networking 
modems 

P.R. China 

Notice 
2011/C 24/09 
26.01.2011 

C 24 
26.01.2011, p. 19 

Issue of licences 

Product 

Country of origin  Regulation/Decision 

OJ Reference 

None 

- 

N° 

- 

- 

Safeguard measures which expired 

Product 

Country of origin 

Date of expiry 

None 

- 

- 

EN 

81 

   EN

 
 
 
 
ANNEX M 

Undertakings accepted or repealed 

during the period 1 January – 31 December 2011 

(chronological by date of publication) 

Undertakings accepted 

Product 

Country of 
origin 

Regulation N° 

OJ Reference 

Zeolite A powder 

Bosnia 
Herzegovina 

and 

Commission Dec. 
No 2011/279/EU 
13 May 2011 

L 125,14.5.2011, 
p. 26 

Undertakings withdrawn or repealed 

Product 

Country of 
origin 

Regulation N° 

OJ Reference 

none 

Undertakings which expired/lapsed 

Product 

Country of 
origin 

Original measure(s) 
& OJ Reference 

OJ Reference 

Coumarin 

India 

Potassium chloride 

Russia 

Urea  and  ammonium  nitrate 
solutions 

Algeria 

Commission Dec. 
No 2005/3/EC 
03.01.2005 

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

Commission Reg. 
(EC) No 617/2000 
16.03.2000 

L 180, 8.7.2011, 
p.1. 

C 206, 12.7.2011, 
p. 18. 

C 373, 21.12.2011, 
p. 23. 

Urea  and  ammonium  nitrate 
solutions 

Russia 

Commission Dec. 
No 2008/649/EC 

C 373, 21.12.2011, 
p. 23. 

EN 

82 

   EN

 
 
 
 
 
 
03.07.2008 

EN 

83 

   EN

 
ANNEX N 

Measures which expired / lapsed 

during the period 1 January – 31 December 2011 

(chronological by date of publication) 

A. 

Anti-dumping investigations (chronological by date of publication) 

Product 

Country of 
origin 

Original measure 
&  
OJ Reference 

Publication 

Footwear  with  uppers  of 
leather 

China
(SAR) 

P.R. 
Macau 
(ext.) 
Vietnam 

Council Reg. 
(EC) No 1472/2006 
05.10.2006 
(OJ L275, 06.10.2006, p. 1) 

C 82 
16.03.2011 
p. 4 

and extended as concerns China to 
imports consigned from Macau 
(SAR) by  
Council Reg. 
(EC) No 388/2008 
29.04.2008 

(OJ L117, 01.05.2008, p. 1) 

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

(OJ L352, 30.12.2009, p. 1) 

Magnesia (deadburned) 

P.R. 

China

Magnesia bricks 

P.R. 

China

Coumarin 

P.R. China 

EN 

India 

(ext.)

84 

Council Reg. 
(EC) No 716/2006 
05.05.2006 

C 146 
17.05.2011 
p. 12 

(OJ L 125, 12.05.2006, p. 1) 

Council Reg. 
(EC) No 1659/2005 
06.10.2005 

L 166 
25.06.2011 
p. 1 

(OJ L 267, 12.10.2005, p. 1) 

Council Reg. 
(EC) No 769/2002 
07.05.2002 

L 180 
08.07.2011 
p. 1 

   EN

 
 
 
 
 
 
 
Thailand 
(ext.)
Indonesia  (ext.)
Malaysia (ext.) 

(OJ L 123, 09.05.2002, p. 1) 

as last amended by 
Council Reg. 
(EC) No 1854/2003 
20.10.2003 

(OJ L 272, 23.10.2003, p. 1) 

and extended to imports consigned 
from India and Thailand by 
Council Reg. 
(EC) No 2272/2004 
22.12.2004 

(OJ L 396, 31.12.2004, p. 18) 
and extended to imports consigned 
from Indonesia and Malaysia by 
Council Reg. 
(EC) No 1650/2006 
07.11.2006 

(OJ L 311, 10.11.2006, p. 1) 

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

(OJ L 183, 11.07.2008, p. 1) 

Potassium chloride 

Belarus 

Russia 

Council Reg. 
(EC) No 1050/2006 
21.08.2006 

C 206 
12.07.2011 
p. 18 

Silicon carbide 

P.R. China 

(OJ L 191, 12.07.2006, p. 1) 

Council Reg. 
(EC) No 1264/2006 
11.07.2006 

C 247 
25.08.2011 
p. 10 

(OJ L 232, 25.08.2006, p. 1) 

Side-by-side 
(certain) 

refrigerators 

Korea (Rep. of) 

Council Reg. 
(EC) No 1289/2006 
25.08.2006 

C 255 
31.08.2011 
p. 6 

(OJ L 236, 31.08.2006, p. 11) 

EN 

85 

   EN

 
 
 
 
Urea  and  ammonium  nitrate 
solutions 

Algeria 

Belarus 

Russia 

Ukraine 

Council Reg. 
(EC) No 1911/2006 
19.12.2006 

C 373 
21.12.2011 
p. 23 

(OJ L 365, 21.12.2006, p. 26) 

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

(OJ L 213, 08.08.2008, p. 14) 

and Council Impl. Reg. 
(EU) No 1251/2009 
18.12.2009 
(OJ L 338, 19.12.2009, p. 5) 

B. 

Anti-subsidy investigations (chronological by date of publication) 

Product 

Country of 
origin 

Original measure 
&  
OJ Reference 

film 
PET 
terephthalate)  

(polyethylene 

India 

Brazil 
Israel (ext.) 

(ext.)

Council Reg. 
(EC) No 367/2006 
27.02.2005 
(OJ L68, 08.03.2006, p. 15) 
as last amended by 
Council Impl. Reg. 
(EU) No 806/2010 
15.09.2010 
(OJ L242, 15.09.2010, p. 6)  
and 
Council Impl. Reg. 
(EU) No 206/2011 
28.02.2011 
(OJ L58, 03.03.2011, p. 18) 

Publication 

C 68 
03.03.2011 
p. 6 

EN 

86 

   EN

 
 
 
 
 
ANNEX O 

Definitive anti-dumping measures in force on 31 December 2011 

A. Ranked by product (alphabetical) 

Product 

Origin 

Measure 

Regulation N° 

Publication 

Aluminium foil 

Armenia 

Brazil 

P.R. China 

Duties 

Council Reg. 
(EC) No 925/2009 
24.09.2009 

L 262 
06.10.2009 
p. 1 

Brazil 

Undertakings 

Commission Dec. 
No 2009/736/EC 
05.10.2009 

L 262 
06.10.2009 
p. 50 

Aluminium road wheels 

P.R. China 

Duties 

Council Impl. Reg. 
(EU) No 964/2010 
25.10.2010 

L 282 
28.10.2010 
p. 1 

Ammonium nitrate  

Russia 

Duties 

EN 

87 

Council Reg. 
(EC) No 658/2002 
15.04.2002 
as last amended by 
Council Reg. 
(EC) No 945/2005 
21.06.2005 

and maintained by 
Council Reg. 
(EC) No 661/2008 
08.07.2008 

corrected by 

L 339, 22.12.2009,  
p. 59 

as last amended by 
Council Reg. 
(EC) No 989/2009 
19.10.2009 

Commission Dec. 
No 2008/577/EC 
04.07.2008 

L 102 
18.04.2002 
p. 1 

L 160 
23.06.2005 
p. 1 

L 185 
12.07.2008 
p. 1 

L 278 
23.10.2009 
p. 1 

L 185 
12.07.2007 

   EN

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
corrected by 

p. 43 

L 339, 22.12.2009,  
p. 59 

Ukraine 

Undertakings 

Duties 
(2 years) 

Council Reg. 
(EC) No 442/2007 
19.04.2007  

L 106 
24.04.2007 
p. 1 

and maintained by 
Council Impl. Reg. 
(EU) No 512/2010 
14.06.2010 

Commission Dec. 
No 2008/577/EC 
04.07.2008 

Undertakings 

corrected by 

Barium carbonate 

P.R. China 

Duties 

Bicycles 

P.R. China 

Duties 

L 339, 22.12.2009,  
p. 59 

Council Reg. 
(EC) No 1175/2005 
18.07.2005 
corrected by 
L 181, 04.07.2006,  
p. 111 

Council Reg. 
(EC) No 1524/2000 
10.07.2000 
and extended to 
bicycle parts by 
Council Reg. 
(EC) No 71/97 
10.01.97 
as last amended by 
Council Reg.  
(EC) No 1095/2005 
12.07.2005 
and maintained by 
Council Reg. 
(EC) No 171/2008 
25.02.2008 and 

L 150 
18.06.2010 
p. 24 

L 185 
12.07.2007 
p. 43 

L 189 
21.07.2005 
p. 15 

L 175 
14.07.2000 
p. 39 

L 16 
18.01.97 
p. 1 

L 183 
14.07.2005 
p. 1 

L 55 
28.02.2008 
p. 1 

EN 

88 

   EN

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Bicycle  parts  (extension 
bicycles) 

to 

P.R. China 

Duties 

maintained by 
Council Impl. Reg. 
(EC) No 990/2011 
03.10.2011 

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

L 261 

06.10.2011 

p.2 

L 16 
18.01.97 
p. 1 

L 183 
14.07.05 
p. 1 

L 55 
28.02.08 
p. 1 

Biodiesel 

U.S.A. 

Duties 

Canada (ext.) 

Council Reg. 
(EC) No 599/2009 
07.07.2009 

L 179 
10.07.2009 
p. 26 

Candles, tapers and the like 

P.R. China 

Duties 

Cargo scanning systems 

P.R. China 

Duties 

Ceramic tiles 

P.R. China 

Duties 

Chamois leather 

P.R. China 

Duties 

and extended to 
imports consigned 
from Canada by 
Council Impl. Reg. 
(EU) No 444/2011 
05.05.2011 

Council Reg. 
(EC) No 393/2009 
11.05.2009 

Council Impl. Reg. 
(EU) No 510/2010 
14.06.2010 

Council Impl. Reg. 
(EU) No 917/2011 
12.09.2011 

Council Reg. 
(EC) No 1338/2006 
08.09.2006 

L 122 
11.05.2011 
p. 12 

L 119 
14.05.2009 
p. 1 

L 150 
16.06.2010 
p. 1 

L 238 
15.09.2011 
p. 1 

L 251 
14.09.2006 
p. 1 

Citric acid 

P.R. China 

Duties 

Council Reg. 
(EC) No 1193/2008 
01.12.2008, corrected 

L 323 
03.12.2008 
p. 1 

EN 

89 

   EN

 
 
 
 
 
 
 
 
 
Undertakings 

by C 346, 26.11.2011, 
p. 7 and 8 

Citrus fruits 

P.R. China 

Duties 

Coated fine paper 

P.R. China 

Duties 

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

P.R. China 

Duties 

Dicyandiamide 

P.R. China 

Duties 

Dihydromyrcenol 

India 

Duties 

Ethanolamines 

U.S.A. 

Duties  
(2 years) 

Fasteners (iron or steel) 

P.R. China 

Duties 

Malaysia (ext.) 

Fatty alcohols and their blends 

India 

Duties 

Ferro-silicon 

Indonesia 

Malaysia 

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

Commission Reg. 
(EC) No 1355/2008 
18.12.2008 

Council Impl. Reg. 
(EU) No 451/2011 
06.05.2011 

Council Reg. 
(EC) No 239/2008 
17.03.2008 

Council Reg. 
(EC) No 1331/2007 
13.11.2007 

Council Reg. 
(EC) No 63/2008 
21.01.2008 

Council Impl. Reg. 
(EU) No 54/2010 
19.01.2010 

Council Reg. 
(EC) No 91/2009 
26.01.2009 

and extended to such 
imports consigned 
from Malaysia  

by Council Impl. Reg. 
(EC) No 723/2011 
18.07.2011 

Council Impl. Reg. 
(EU) No 1138/2011 
08.11.2011 

L 350 
30.12.2008 
p. 35 

L 128 
14.05.2011 
p. 1 

L 75 
18.03.2008 
p. 22 

L 296 
15.11.2007 
p. 1 

L 23 
26.01.2008 
p. 1 

L 17 
22.01.2010 
p. 1 

L 29 
31.01.2009 
p. 1 

L 194 
26.07.2011 
p. 6 

L 293 
11.11.2011 
p. 1 

China

Duties 

Council Reg. 
(EC) No 172/2008 
25.02.2008 

L 55 
28.02.2008 
p. 6 

EN 

90 

   EN

 
 
 
 
 
 
Furfuraldehyde 

P.R. China 

Duties 

Glass 
fibres 
mesh fabrics) 

(certain  open 

P.R. China 

Duties 

Glass 
(continuous filament) 

fibre 

products 

P.R. China 

Duties 

Graphite electrode systems 

India 

Duties 

Hand  pallet  trucks  and  their 
essential parts 

P.R. 
Thailand (ext) 

China

Duties 

Council Reg. 
(EC) No 639/2005 
25.04.2005 and 
maintained by 
Council Impl. Reg. 
(EU) No 453/2011 
04.05.2011 

Council Impl. Reg. 
(EU) No 791/2011 
03.08.2011 

Council Impl. Reg. 
(EU) No 248/2011 
09.03.2011 

Council Reg. 
(EC) No 1629/2004 
13.09.2004 

as last amended by 
Council Reg.  
(EC) No 1354/2008 
18.12.2008 

and maintained by 
Council Impl. Reg. 
(EU) No 1186/2010 

13.12.2010 

Council Reg. 
(EC) No 1174/2005 
18.07.2005 

as last amended by 
Council Reg.  
(EC) No 684/2008 
17.07.2008 
and extended to such 
imports consigned 
from Thailand  

by Council Reg. 
(EC) No 499/2009 
11.06.2009 and 
maintained by 
Council Impl. Reg. 
(EU) No 1008/2011 

10.10.2011 

L 107 
28.04.2005 
p. 1 

L 123 
12.05.2011 
p. 1 

L 204 
09.08.2011 
p. 1 

L 67 
15.03.2011 
p. 1 

L 295 
18.09.2004 
p. 10 

L 350 
30.12.2008 
p. 24 

L 332 
16.12.2010 
p. 17 

L 189 
21.07.2005 
p. 1 

L 192 
19.07.2008 
p. 1 

L 151 
16.06.2009 
p. 1 

EN 

91 

   EN

 
 
 
 
 
 
 
 
 
Ironing boards 

P.R. 
Ukraine 

China

Duties 

P.R.  China  (Since 
Hardware) 

Duties 

Lever arch mechanisms 

P.R. China 

Duties 

Lighters 
refillable) 

(non-refillable  and 

P.R. 
Taiwan 

China

Duties 

Manganese dioxides 

South Africa 

Duties 

Melamine 

P.R. China 

Duties 

Molybdenum wires 

P.R. China 

Duties 

Monosodium glutamate 

P.R. China 

Duties 

L 268 

13.10.2011 

p.1 

L 109 
26.04.2007 
p. 12 

L 24 
28.01.2010 
p. 1 

L 84 
31.03.2010 
p. 13 

L 168 
02.07.2010 
p. 12 

L 338 
22.12.2010 
p. 8 

L 338 
22.12.2010 
p. 22 

L 205 
27.07.2006 
p. 1 

L 326 
12.12.2007 
p. 1 

L 69 
13.03.2008 
p. 1 

L 124 
13.05.2011 
p. 2 

L 150 
16.06.2010 
p. 17 

L 322 
02.12.2008 
p. 1 

Council Reg. 
(EC) No 452/2007 
23.04.2007, as last 
amended by 
Council Impl. Reg.  
(EU) No 77/2010 
19.01.2010 and  

Council Impl. Reg.  
(EU) No 270/2010 
29.03.2010 and 

Council Impl. Reg.  
(EU) No 580/2010 
29.06.2010, and 

Council Impl. Reg.  
(EU) No 1241/2010 
20.12.2010 

Council Impl. Reg. 
(EU) No 1243/2010 
20.12.2010 

Council Reg. 
(EC) No 1136/2006 
24.07.2006 

Council Reg. 
(EC) No 1458/2007 
12.12.2007 

Council Reg. 
(EC) No 221/2008 
10.03.2008 

Council Impl. Reg. 
(EU) No 457/2011 
10.05.2011 

Council Impl. Reg. 
(EU) No 511/2010 
14.06.2010 

Council Reg. 
(EC) No 1187/2008 
27.11.2008 

EN 

92 

   EN

 
 
 
Okoumé plywood 

P.R. China 

Duties 

Council Reg. 
(EC) No 1942/2004 
02.11.2004 

L 336 
12.11.2004 
p. 4 

Peroxosulphates 

Plastic sacks and bags 

P.R. 
Taiwan 
U.S.A. 

P.R. 
Thailand 

China

Duties 

China

Duties 

Polyester yarn (high tenacity) 

P.R. 

China

Duties 

Polyethylene 
(PET) 

terephthalate 

Duties 

India 
Indonesia 
Korea 
Malaysia 
Taiwan 
Thailand 

(Rep.  of)

and maintained by 
Council Impl. Reg. 
(EU) No 82/2011 
31.01.2011 

Council Reg. 
(EC) No 1184/2007 
09.10.2007 

Council Reg. 
(EC) No 1425/2006 
25.09.2006 
corrected by 
L 49, 18.02.2007,  
p. 36 and by 
L 233, 05.09.2007,  
p. 7 
as last amended by 
Council Regulation 
(EC) No 249/2008 
17.03.2008 

and 
Council Regulation 
(EC) No 189/2009 
09.03.2009 

as last amended by 
Council Impl. Reg. 
(EU) No 474/2011 
03.05.2011 

Council Impl. Reg. 
(EU) No 1105/2010 
29.11.2010 

Council Reg. 
(EC) No 192/2007 
22.02.2007 
corrected by 
L 215, 18.08.2007, p. 
27 and amended by 
Council Impl. Reg. 
(EU) No 906/2011 
02.09.2011 

L 28 
02.02.2011 
p. 1 

L 265 
11.10.2007 
p. 1 

L 270 
29.09.2006 
p. 4 

L 76 
19.03.2008 
p. 8 

L 67 
12.03.2009 
p. 5 

L 131 
18.05.2011 
p. 2 

L 315 
01.12.2010 
p. 1 

L 59 
27.02.2007 
p. 1 

L 232 

09.09.2011 

EN 

93 

   EN

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Undertakings 

Commission Dec. 
(EC) No 745/2000 

p. 19 

India 
Indonesia 

29.11.2000  

P.R. 

China

Duties 

Polyethylene 
(PET) film 

terephthalate 

India 
Brazil 
Israel (ext.) 

(ext.)

Duties 

L 301 

30.11.2000 

p. 88 

L 271 
19.08.2004 
p. 1 

L 345 
28.12.2005 
p. 11 

L 300 
17.11.2010 
p. 1 

L 288 
06.11.2007 
p. 1 

L 6 
10.01.2009 
p. 1 

L 242 
15.09.2010 
p. 6 

L 58 
03.03.2011 

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

and maintained by 
Council Impl. Reg. 
(EU) No 1030/2010 
17.11.2010 

Council Reg. 
(EC) No 1292/2007 
30.10.2007 
and extended to 
imports consigned 
from Brazil and from 
Israel by the same 
Regulation 

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

Council Impl. Reg 
(EU) No 806/2010 
13.09.2010 

and 

Council Impl. Reg 
(EU) No 205/2011 
28.02.2011 

as last amended by 
Council Impl. Reg. 
(EU) No 469/2011 
13.05.2011 

EN 

94 

   EN

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Powdered  activated  carbon 
(PAC) 

P.R. China 

Duties 

PSC wires and strands 

P.R. China 

Duties 

Ring binders 

Thailand 

Duties 

Ring binders 

P.R. 
Vietnam 
Laos (ext.) 

China
(ext.)

Duties 

p. 14 

L 129 
17.05.2011 
p. 1 

L 155 
14.06.2002 
p. 1 

L 133 
29.05.2003 
p. 36 

L 181 
10.07.2008 
p. 1 

L 118 
13.05.2009 
p. 1 

L 204 

09.08.2011 

p.11 

L 359 
04.12.2004 
p. 11 

L 232 
01.07.2004 
p. 1 

L 7 
12.01.2006 
p. 1 

L 221 
19.08.2008 
p. 1 

L 49 
26.02.2010 

Council Reg. 
(EC) No 1011/2002 
10.06.2002 
as last amended by 
Council Reg. 
(EC) No 931/2003 
26.05.2003 

and maintained by 
Council Reg. 
(EC) No 649/2008 
08.07.2008 

Council Reg. 
(EC) No 383/2009 
05.05.2009 

Council Impl. Reg 
(EU) No 792/2011 
05.08.2011 

Council Reg. 
(EC) No 2074/2004 
29.11.2004 
extended to imports 
from Vietnam 
by Council Reg. 
(EC) No 1208/2004 
28.06.2004 
and extended to 
imports from Laos  
by Council Reg. 
(EC) No 33/2006 
09.01.2006 

as last amended by 
Council Reg. 
(EC) No 818/2008 
13.08.2008 

and maintained by 
Council Impl. Reg. 
(EU) No 157/2010 
22.02.2010 

EN 

95 

   EN

 
 
 
 
 
 
 
 
 
 
 
Saddles (certain) 

P.R. China 

Duties 

Seamless  pipes  and  tubes  of 
iron or steel 

Croatia  
Russia 
Ukraine 

Duties 

Seamless  pipes  and  tubes  of 
iron or steel 

P.R. China 

Duties 

Seamless  pipes  and  tubes  of 
stainless steel 

P.R. China 

Duties 

Silico-manganese 

P.R. 
Kazakhstan 

China

Duties 

Silicon metal 

P.R. 
Korea 
(ext.) 

China
(Rep.  of) 

Duties 

Sodium cyclamate 

P.R. 
Indonesia 

China

Duties 

Council Reg. 
(EC) No 691/2007 
18.06.2007 

Council Reg. 
(EC) No 954/2006 
27.06.2006 

as last amended by 
Council Reg. 
(EC) No 812/2008 
11.08.2008 

Council Reg. 
(EC) No 926/2009 
24.09.2009 

Council Impl. Reg. 
(EU) No 1331/2011 
14.12.2011 

Council Reg. 
(EC) No 1420/2007 
04.12.2007 

as last amended by 
Council Reg. 
(EC) No 865/2008 
27.08.2008 

Council Reg. 
(EC) No 398/2004 
02.03.2004 
extended to imports of 
silicon consigned 
from the Republic of 
Korea by 
Council Reg. 
(EC) No 42/2007 
15.01.2007 

and maintained by 
Council Impl. Reg. 
(EU) No 467/2010 
25.05.2010 

Council Reg. 
(EC) No 435/2004 
08.03.2004 

p. 1 

L 160 
21.06.2007 
p. 1 

L 175 
29.06.2006 
p. 4 

L 220 
15.08.2008 
p. 1 

L 262 
06.10.2009 
p. 19 

L 336 
20.12.2011 
p. 6 

L 317 
05.12.2007 
p. 5 

L 66 
04.03.2004 
p. 15 

L 13 
19.01.2007 
p. 1 

L 131 
29.05.2010 
p. 1 

L 72 
11.03.2004 
p. 1 

Sodium gluconate 

P.R. China 

Duties 

Council Impl. Reg. 

L 282 

EN 

96 

   EN

 
 
 
 
 
 
 
 
Stainless  steel  fasteners  and 
parts thereof 

P.R. 
Taiwan 

China

Duties 

Steel ropes and cables 

P.R. 
South 
Ukraine 

China 
Africa

Duties 

Korea (Rep. of) 

(ext.) 
Moldova  (Rep.  of) 
(ext.) 
Morocco (ext.) 

Russia 

Duties  

Strawberries (frozen) 

P.R. China 

Duties 

(EU) No 965/2010 
25.10.2010 

28.10.2010 
p. 24 

Council Reg. 
(EC) No 1890/2005 
14.11.2005 
corrected by L 256, 
02.10.2007, p. 31 

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

and extended as 
concerns China to 
such imports 
consigned from Korea 
(Rep. of) by Council 
Impl. Reg. (EU) No 
400/2010 
26.04.2010 

corrected by L 332, 
15.12.2011 

L 302 
19.11.2005 
p. 1 

L 299 
16.11.2005 
p. 1 

L 326 
12.12.2007 
p. 18 

L 120 
24.04.2004 
p. 1 

L 328 
30.10.2004 
p. 1 

L 117 
11.05.2010 
p. 1 

Council Reg. 
(EC) No 1279/2007 
30.10.2007 

L 285 
31.10.2007 
p. 1 

corrected by L 96, 
15.04.2009, p. 39 

Council Reg. 
(EC) No 407/2007 
16.04.2007 

L 100 
17.04.2007 
p. 1 

EN 

97 

   EN

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Sulphanilic acid 

P.R. 
India 

China

Duties 

India 

Undertakings 

Sweet 
corn 
preserved, in kernels) 

(prepared  or 

Thailand 

Duties 

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

Commission Dec. 
No 2006/37/EC 
05.12.2005 

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

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

and by 

L 196 
25.07.2002 
p. 11 

L 22 
26.01.2006 
p. 5 

L 275 
16.10.2008 
p. 1 

L 22 
26.01.2006 
p. 52 

L 159 
20.06.2007 
p. 14 

L 260 
30.09.2008 
p. 1 

Council Reg. 
(EC) No 847/2009 
15.09.2009 

L 246 
18.09.2009 
p. 1 

Synthetic fibre ropes 

India 

Duties 

(3 years) 

Council Reg. 
(EC) No 1736/2004 
08.10.2004 

L 311 
08.10.2004 
p. 1 

Tartaric acid 

P.R. China 

Duties 

and maintained by 
Council Impl. Reg. 
(EU) No 1242/2010 
20.12.2010 

Council Reg. 
(EC) No 130/2006 
23.01.2006 

L 338 
22.12.2010 
p. 10 

L 23 
27.01.2006 
p. 1 

EN 

98 

   EN

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Trichloroisocyanuric 
(TCCA) 

acid 

P.R. 

China

Duties 

Tube  and  pipe  fitting,  of  iron 
or steel 

Duties 

China

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

(ext.)
(ext.)
(ext.)

Korea 
Malaysia  

(Rep.  of)

Duties 

as last amended by  
Council Reg. 
(EC) No 150/2008 
18.02.2008 

Council Reg. 
(EC) No 1631/2005 
03.10.2005  

and maintained by 

Council Impl. Reg. 
(EU) No 1389/2011 

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

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

Council Reg. 
(EC) No 1514/2002 
19.08.2002 
as last amended by 
Council Reg. 

L 48 
22.02.2008 
p. 1 

L 261 
07.10.2005 
p. 1 

L 346 

30.12.2011 

p. 6 

L 139 
06.06.2003 
p. 1 

L 275 
25.08.2004 
p. 1 

L 355 
01.12.2004 
p. 4 

L 355 
01.12.2004 
p. 9 

L 116 
29.04.2006 
p. 1 

L 233 
04.09.2009 
p. 1 

L 228 
24.08.2002 
p. 1 

L 114 

EN 

99 

   EN

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Tungsten  carbide  and  fused 
tungsten carbide 

P.R. China 

Duties 

Tungsten electrodes 

P.R. China 

Duties 

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

Thailand 
Ukraine 

Duties 

(EC) No 778/2003 
06.05.2003 

08.05.2003 
p. 1 

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

as last amended by 
Council Impl. Reg. 
(EU) No 363/2010 
26.04.2010 

Council Reg. 
(EC) No 2268/2004 
22.12.2004 
as last amended by 
Council Reg. 
(EC) No 1275/2005 
25.07.2005 

and maintained by 
Council Impl. Reg. 
(EC) No 287/2011 
21.03.2011 

Council Reg. 
(EC) No 260/2007 
09.03.2007 

Council Reg. 
(EC) No 1697/2002 
23.09.2002 

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

L 275 
16.10.2008 
p. 18 

L 107 
29.04.2010 
p. 1 

L 395 
31.12.2004 
p. 56 

L 202 
03.08.2005 
p. 1 

L 78 
24.03.2011 
p. 1 

L 72 
13.03.2007 
p. 1 

L 259 
27.09.2002 
p. 8 

L 343 
19.12.2008 
p. 1 

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

Belarus 
P.R. 
Russia 

Duties 

China

Council 
Reg. 
(EC)  No  1256/2008 
16.12.2008 

343

L 
19.12.2008 
p. 1 

Wire rod 

P.R. 

China

Duties 

Zeolite A powder 

Bosnia 
Herzegovina 

and 

Duties 

Council 
Reg. 
(EC)  No  703/2009 
27.07.2009 

203

L 
05.08.2009 
p. 1 

Council 
Impl.  Reg. 
(EU)  No  464/2011 
11.05.2011 

125

L 
14.05.2011 
p. 1 

EN 

100 

   EN

 
 
 
 
 
 
 
 
Undertakings 

Commission 
No 
13.05.2011 

Dec. 
2011/279/EU 

125

L 
14.05.2011 
p. 26 

EN 

101 

   EN

 
 
 
 
 
 
B. Ranked by country (alphabetical) 

Origin 

Product 

Measure 

Regulation N° 

Publication 

Armenia 

Aluminium foil 

Duties 

Belarus 

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

Duties 

Bosnia 
Herzegovina 

and 

Zeolite A powder 

Duties 

Brazil 

Aluminium foil 

Duties 

Undertakings 

PET 
terephthalate) film (ext.) 

(polyethylene 

Undertakings 

Duties (ext.) 

Council Reg. 
(EC) No 925/2009 
24.09.2009 

L 262 
06.10.2009 
p. 1 

Council Reg. 
(EC) No 1256/2008 
16.12.2008 

Council Impl. Reg. 
(EU) No 464/2011 
11.05.2011 

L 343 
19.12.2008 
p. 1 

L 125 
14.05.2011 
p. 1 

L 125 
14.05.2011 
p. 26 

L 262 
06.10.2009 
p. 1 

L 262 
06.10.2009 
p. 50 

L 288 
06.11.2007 
p. 1 

L 6 
10.01.2009 
p. 1 

Commission Dec. 
No 2011/279/EU 
13.05.2011 

Council Reg. 
(EC) No 925/2009 
24.09.2009 

Commission Dec. 
No 2009/736/EC 
05.10.2009 

Council Reg. 
(EC) No 1292/2007 
30.10.2007 
and extended to 
imports consigned 
from Brazil and from 
Israel by the same 
Regulation 

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

Council Impl. Reg 
(EU) No 806/2010 
13.09.2010 

and 

Council Impl. Reg 

EN 

102 

   EN

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Canada 

Biodiesel (ext.) 

Duties (ext.) 

P.R. China 

Aluminium foil 

Duties 

Undertakings 

Aluminium road wheels 

Duties 

Barium carbonate 

Duties 

Bicycles 

Duties 

(EU) No 205/2011 
28.02.2011 

as last amended by 
Council Impl. Reg. 
(EU) No 469/2011 
13.05.2011 

Council Reg. 
(EC) No 599/2009 
07.07.2009 

and extended to 
imports consigned 
from Canada by 
Council Impl. Reg. 
(EU) No 444/2011 
05.05.2011 

Council Reg. 
(EC) No 925/2009 
24.09.2009 

Commission Dec. 
No 2009/736/EC 
05.10.2009 

Council Impl. Reg. 
(EU) No 964/2010 
25.10.2010 

Council Reg. 
(EC) No 831/2011 
16.08.2011 

Council Reg. 
(EC) No 1524/2000 
10.07.2000 
and extended to 
bicycle parts by 
Council Reg. 
(EC) No 71/97 
10.01.97 
as last amended by 

L 242 
15.09.2010 
p. 6 

L 58 
03.03.2011 
p. 14 

L 129 
17.05.2011 
p. 1 

L 179 
10.07.2009 
p. 26 

L 122 
11.05.2011 
p. 12 

L 262 
06.10.2009 
p. 1 

L 262 
06.10.2009 
p. 50 

L 282 
28.10.2010 
p. 1 

L 214 
19.08.2011 
p. 1 

L 175 
14.07.2000 
p. 39 

L 16 
18.01.97 
p. 1 

EN 

103 

   EN

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Council Reg.  
(EC) No 1095/2005 
12.07.2005 
and maintained by 
Council Reg. 
(EC) No 171/2008 
25.02.2008 and 
maintained by 
Council Impl. Reg. 
(EC) No 990/2011 
03.10.2011 

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

Council Reg. 
(EC) No 393/2009 
11.05.2009 

Council Impl. Reg. 
(EU) No 510/2010 
14.06.2010 

Council Impl. Reg. 
(EU) No 917/2011 
12.09.2011 

Council Reg. 
(EC) No 1338/2006 
08.09.2006 

Bicycle parts 

Duties 

Candles, tapers and the like 

Duties 

Cargo scanning systems 

Duties 

Ceramic tiles 

Duties 

Chamois leather 

Duties 

Citric acid 

Duties 

Undertakings 

Council Reg. 
(EC) No 1193/2008 
01.12.2008 

Citrus fruits 

Duties 

Commission Reg. 
(EC) No 1355/2008 
18.12.2008 

L 183 
14.07.2005 
p. 1 

L 55 
28.02.2008 
p. 1 

L 261 

06.10.2011 

p.2 

L 16 
18.01.97 
p. 1 

L 119 
14.05.2009 
p. 1 

L 150 
16.06.2010 
p. 1 

L 238 
15.09.2011 
p. 1 

L 251 
14.09.2006 
p. 1 

L 323 
03.12.2008 
p. 1 

L 350 
30.12.2008 
p. 35 

Coated fine paper 

Duties 

Council Impl. Reg. 
(EU) No 451/2011 

L 128 
14.05.2011 

EN 

104 

   EN

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

Duties 

Dicyandiamide 

Duties 

Ferro-silicon 

Duties 

Furfuraldehyde 

Duties 

Glass 
(continuous filament) 

fibre 

products 

Duties 

Glass 
fibres 
mesh fabrics) 

(certain  open 

Duties 

Hand  pallet  trucks  and  their 
essential parts 

Duties 

Ironing boards 

Duties 

06.05.2011 

p. 1 

Council Reg. 
(EC) No 239/2008 
17.03.2008 

Council Reg. 
(EC) No 1331/2007 
13.11.2007 

Council Reg. 
(EC) No 172/2008 
25.02.2008 

Council Reg. 
(EC) No 639/2005 
25.04.2005 

and maintained by 
Council Impl. Reg. 
(EU) No 453/2011 
04.05.2011 

Council Impl. Reg. 
(EU) No 248/2011 
09.03.2011 

Council Impl. Reg. 
(EU) No 791/2011 
03.08.2011 

Council Reg. 
(EC) No 1174/2005 
18.07.2005 

as last amended by 
Council Reg.  
(EC) No 684/2008 
17.07.2008 and 
maintained by 
Council Impl. Reg. 
(EU) No 1008/2011 

L 75 
18.03.2008 
p. 22 

L 296 
15.11.2007 
p. 1 

L 55 
28.02.2008 
p. 6 

L 107 
28.04.2005 
p. 1 

L 123 
12.05.2011 
p. 1 

L 67 
15.03.2011 
p. 1 

L 204 
09.08.2011 
p. 1 

L 189 
21.07.2005 
p. 1 

L 192 
19.07.2005 
p. 1 

10.10.2011 

L 268 

13.10.2011 

p.1 

L 109 
26.04.2007 
p. 12 

L 24 
28.01.2010 

Council Reg. 
(EC) No 452/2007 
23.04.2007 

as last amended by 
Council Impl. Reg.  

EN 

105 

   EN

 
 
 
 
 
 
 
 
 
 
 
 
(EU) No 77/2010 
19.01.2010 

p. 1 

and  

Council Impl. Reg.  
(EU) No 270/2010 
29.03.2010 

and 

Council Impl. Reg.  
(EU) No 580/2010 
29.06.2010 

and 

Council Impl. Reg.  
(EU) No 1241/2010 
20.12.2010 

Council Impl. Reg. 
(EU) No 1243/2010 
20.12.2010 

Council Reg. 
(EC) No 1136/2006 
24.07.2006 

Council Reg. 
(EC) No 1458/2007 
12.12.2007 

Council Impl. Reg. 
(EU) No 457/2011 
10.05.2011 

Council Impl. Reg. 
(EU) No 511/2010 
14.06.2010 

Council Reg. 
(EC) No 1187/2008 
27.11.2008 

Council Reg. 
(EC) No 1942/2004 
02.11.2004 

and maintained by 
Council Impl. Reg. 
(EU) No 82/2011 
31.01.2011 

L 84 
31.03.2010 
p. 13 

L 168 
02.07.2010 
p. 12 

L 338 
22.12.2010 
p. 8 

L 338 
22.12.2010 
p. 22 

L 205 
27.07.2006 
p. 1 

L 326 
12.12.2007 
p. 1 

L 124 
13.05.2011 
p. 2 

L 150 
16.06.2010 
p. 17 

L 322 
02.12.2008 
p. 1 

L 336 
12.11.2004 
p. 4 

L 28 
02.02.2011 

Ironing 
Hardware) 

boards 

(Since 

Duties 

Lever arch mechanisms 

Duties 

Lighters 
refillable) 

(non-refillable  and 

Duties 

Melamine 

Duties 

Molybdenum wires 

Duties 

Monosodium glutamate 

Duties 

Okoumé plywood 

Duties 

EN 

106 

   EN

 
 
 
 
 
 
 
 
 
 
 
 
Peroxosulphates 

Duties 

Plastic sacks and bags 

Duties 

Polyester yarn (high tenacity) 

Duties 

Polyethylene 
(PET) 

terephthalate 

Duties 

Powdered  activated  carbon 
(PAC) 

Duties 

Council Reg. 
(EC) No 1184/2007 
09.10.2007 

Council Reg. 
(EC) No 1425/2006 
25.09.2006 
corrected by 
L 49, 18.02.2007,  
p. 36 and by 
L 233, 05.09.2007,  
p. 7 
as last amended by 
Council Regulation 
(EC) No 249/2008 
17.03.2008 

and 
Council Regulation 
(EC) No 189/2009 
09.03.2009 

as last amended by 
Council Impl. Reg. 
(EU) No 474/2011 
03.05.2011 

Council Impl. Reg. 
(EU) No 1105/2010 
29.11.2010 

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

and maintained by 
Council Impl. Reg. 
(EU) No 1030/2010 
17.11.2010 

Council Reg. 
(EC) No 1011/2002 
10.06.2002 
as last amended by 
Council Reg. 
(EC) No 931/2003 

p. 1 

L 265 
11.10.2007 
p. 1 

L 270 
29.09.2006 
p. 4 

L 76 
19.03.2008 
p. 8 

L 67 
12.03.2009 
p. 5 

L 131 
18.05.2011 
p. 2 

L 315 
01.12.2010 
p. 1 

L 271 
19.08.2004 
p. 1 

L 345 
28.12.2005 
p. 11 

L 300 
17.11.2010 
p. 1 

L 155 
14.06.2002 
p. 1 

L 133 
29.05.2003 

EN 

107 

   EN

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
PSC wires and strands 

Duties 

Ring binders 

Duties 

Saddles 

Duties 

Seamless  pipes  and  tubes  of 
iron or steel 

Duties 

Seamless pipes and tubes of 
stainless steel 

Duties 

Silico-manganese 

Duties 

26.05.2003 

p. 36 

and maintained by 
Council Reg. 
(EC) No 649/2008 
08.07.2008 

Council Reg. 
(EC) No 383/2009 
05.05.2009 

Council Reg. 
(EC) No 2074/2004 
29.11.2004 
extended to imports 
from Vietnam 
by Council Reg. 
(EC) No 1208/2004 
28.06.2004 
and extended to 
imports from Laos  
by Council Reg. 
(EC) No 33/2006 
09.01.2006 

as last amended by 
Council Reg. 
(EC) No 818/2008 
13.08.2008 

and maintained by 
Council Impl. Reg. 
(EU) No 157/2010 
22.02.2010 

Council Reg. 
(EC) No 691/2007 
18.06.2007 

Council Reg. 
(EC) No 926/2009 
24.09.2009 

Council Impl. Reg. 
(EU) No 1331/2011 
14.12.2011 

Council Reg. 
(EC) No 1420/2007 
04.12.2007 

as last amended by 
Council Reg. 

L 181 
10.07.2008 
p. 1 

L 118 
13.05.2009 
p. 1 

L 359 
04.12.2004 
p. 11 

L 232 
01.07.2004 
p. 1 

L 7 
12.01.2006 
p. 1 

L 221 
19.08.2008 
p. 1 

L 49 
26.02.2010 
p. 1 

L 160 
21.06.2007 
p. 1 

L 262 
06.10.2009 
p. 19 

L 336 
20.12.2011 
p. 6 

L 317 
05.12.2007 
p. 5 

EN 

108 

   EN

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Silicon metal 

Duties 

(EC) No 865/2008 
27.08.2008 

Council Reg. 
(EC) No 398/2004 
02.03.2004 
extended to imports of 
silicon consigned 
from the Republic of 
Korea by 
Council Reg. 
(EC) No 42/2007 
15.01.2007 

and maintained by 
Council Impl. Reg. 
(EU) No 467/2010 
25.05.2010 

L 66 
04.03.2004 
p. 15 

L 13 
19.01.2007 
p. 1 

L 131 
29.05.2010 
p. 1 

Sodium cyclamate 

Duties 

Council Reg. 
(EC) No 435/2004 
08.03.2004 

L 72 
11.03.2004 
p. 1 

Sodium gluconate 

Duties 

Stainless  steel  fasteners  and 
parts thereof 

Duties 

and maintained by 
Council Impl. Reg. 
(EU) No 492/2010 
03.06.2010 

Council Impl. Reg. 
(EU) No 965/2010 
25.10.2010 

Council Reg. 
(EC) No 1890/2005 
14.11.2005 
corrected by L 256, 
02.10.2007, p. 31 

L 140 
08.06.2010 
p. 2 

L 282 
28.10.2010 
p. 24 

L 302 
19.11.2005 
p. 1 

Steel fasteners (iron or steel) 

Duties 

Council Reg. 
(EC) No 91/2009 
26.01.2009 

L 29 
31.01.2009 
p. 1 

and extended to such 
imports consigned 
from Malaysia  

by Council Impl. Reg. 
(EC) No 723/2011 
18.07.2011 

L 194 
26.07.2011 
p. 6 

   EN

EN 

109 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Steel ropes and cables 

Duties 

Strawberries (frozen) 

Duties 

Sulphanilic acid 

Duties 

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

and extended as 
concerns China to 
such imports 
consigned from Korea 
(Rep. of) by Council 
Impl. Reg. (EU) No 
400/2010 
26.04.2010 

corrected by L 332, 
15.12.2011, p. 26 

Council Reg. 
(EC) No 407/2007 
16.04.2007 

Council Reg. 
(EC) No 1339/2002 
22.07.2002 
as last amended by 
Council Reg. 
(EC) No 123/2006 
23.01.2006 

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

L 299 
16.11.2005 
p. 1 

L 326 
12.12.2007 
p. 18 

L 120 
24.04.2004 
p. 1 

L 328 
30.10.2004 
p. 1 

L 117 
11.05.2010 
p. 1 

L 100 
17.04.2007 
p. 1 

L 196 
25.07.2002 
p. 11 

L 22 
26.01.2006 
p. 5 

L 275 
16.10.2008 
p. 1 

Tartaric acid 

Duties 

Council Reg. 
(EC) No 130/2006 

L 23 
27.01.2006 

EN 

110 

   EN

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Trichloroisocyanuric acid 

Duties 

Tube  and  pipe  fitting,  of  iron 
or steel 

Duties 

23.01.2006 
as last amended by  
Council Reg. 
(EC) No 150/2008 
18.02.2008 

Council Reg. 
(EC) No 1631/2005 
03.10.2005  

and maintained by 

Council Impl. Reg. 
(EU) No 1389/2011 

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

and  

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

p. 1 

L 48 
22.02.2008 
p. 1 

L 261 
07.10.2005 
p. 1 

L 346 

30.12.2011 

p. 6 

L 139 
06.06.2003 
p. 1 

L 275 
25.08.2004 
p. 1 

L 355 
01.12.2004 
p. 4 

L 355 
01.12.2004 
p. 9 

L 116 
29.04.2006 
p. 1 

L 233 
04.09.2009 
p. 1 

Tungsten  carbide  and  fused 
tungsten carbide 

Duties 

Council Reg. 
(EC) No 2268/2004 
22.12.2004 

L 395 
31.12.2004 
p. 56 

EN 

111 

   EN

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Tungsten electrodes 

Duties 

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

Duties 

Wire rod 

Duties 

Croatia 

Seamless  pipes  and  tubes  of 
iron or steel 

Duties 

Egypt 

Ferro-silicon 

Duties 

India 

Dihydromyrcenol 

Duties 

Fatty alcohols and their blends 

Duties 

Graphite electrode systems 

Duties 

as last amended by 
Council Reg. 
(EC) No 1275/2005 
25.07.2005 

and maintained by 
Council Impl. Reg. 
(EC) No 287/2011 
21.03.2011 

Council Reg. 
(EC) No 260/2007 
09.03.2007 

Council Reg. 
(EC) No 1256/2008 
16.12.2008 

Council Reg. 
(EC) No 703/2009 
27.07.2009 

Council Reg. 
(EC) No 954/2006 
27.06.2006 

Council Reg. 
(EC) No 172/2008 
25.02.2008 

Council Reg. 
(EC) No 63/2008 
21.01.2008 

Council Impl. Reg. 
(EU) No 1138/2011 
08.11.2011 

Council Reg. 
(EC) No 1629/2004 
13.09.2004 

as last amended by 
Council Reg.  
(EC) No 1354/2008 
18.12.2008 

and maintained by 
Council Impl. Reg. 
(EU) No 1186/2010 

L 202 
03.08.2005 
p. 1 

L 78 
24.03.2011 
p. 1 

L 72 
13.03.2007 
p. 1 

L 343 
19.12.2008 
p. 1 

L 203 
05.08.2009 
p. 1 

L 175 
29.06.2006 
p. 4 

L 55 
28.02.2008 
p. 6 

L 23 
26.01.2008 
p. 1 

L 293 
11.11.2011 
p. 1 

L 295 
18.09.2004 
p. 10 

L 350 
30.12.2008 
p. 24 

L 332 
16.12.2010 

EN 

112 

   EN

 
 
 
 
 
 
 
 
 
 
 
 
Polyethylene 
(PET)  

terephthalate 

Duties 

Undertakings 

Polyethylene 
(PET) film 

terephthalate 

Duties 

Sulphanilic acid 

Duties 

p. 17 

L 59 
27.02.2007 
p. 1 

L 288 
06.11.2007 
p. 1 

L 6 
10.01.2009 
p. 1 

13.12.2010 

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

Council Reg. 
(EC) No 1292/2007 
30.10.2007 
and extended to 
imports consigned 
from Brazil and from 
Israel by the same 
Regulation 

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

and 

Council Impl. Reg 
(EU) No 806/2010 
13.09.2010 

and 

Council Impl. Reg 
(EU) No 205/2011 
28.02.2011 

L 242 
15.09.2010 
p. 6 

as last amended by 
Council Impl. Reg. 
(EU) No 469/2011 
13.05.2011 

Council Reg. 
(EC) No 1339/2002 
22.07.2002 
as last amended by 
Council Reg. 
(EC) No 123/2006 
23.01.2006 

L 58 
03.03.2011 
p. 14 

L 129 
17.05.2011 
p. 1 

L 196 
25.07.2002 
p. 11 

L 22 
26.01.2006 
p. 5 

EN 

113 

   EN

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
and maintained by 
Council Reg. 
(EC) No 1000/2008 
13.10.2008 
Commission Dec. 
No 2006/37/EC 
05.12.2005 

L 275 
16.10.2008 
p. 1 
L 22 
26.01.2006 
p. 52 

Undertakings 

Synthetic fibre ropes 

Duties 

(3 years) 

Council Reg. 
(EC) No 1736/2004 
08.10.2004 

L 311 
08.10.2004 
p. 1 

Indonesia 

Fatty alcohols and their blends 

Duties 

Polyethylene 
(PET)  

terephthalate 

Duties 

Undertakings 

and maintained by 
Council Impl. Reg. 
(EU) No 1242/2010 
20.12.2010 

Council Impl. Reg. 
(EU) No 1138/2011 
08.11.2011 

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

L 338 
22.12.2010 
p. 10 

L 293 
11.11.2011 
p. 1 

L 59 
27.02.2007 
p. 1 

Sodium cyclamate 

Duties 

Council Reg. 
(EC) No 435/2004 
08.03.2004 

L 72 
11.03.2004 
p. 1 

Tube  and  pipe  fitting,  of  iron 
or steel (ext.) 

Duties (ext.) 

and maintained by 
Council Impl. Reg. 
(EU) No 492/2010 
03.06.2010 

Council Reg. 
(EC) No 964/2003 
02.06.2003  
as last amended by 
Council Reg. 
(EC) No 1496/2004 
18.08.2004 
and extended as 
concerns China to 
imports consigned 
from Indonesia by 
Council Reg.  
(EC) 2052/2004 
22.11.2004 

L 140 
08.06.2010 
p. 2 

L 139 
06.06.2003 
p. 1 

L 275 
25.08.2004 
p. 1 

L 355 
01.12.2004 
p. 4 

EN 

114 

   EN

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Israel 

Polyethylene 
(PET) film (ext.) 

terephthalate 

Duties (ext.) 

and to imports 
consigned from Sri 
Lanka by 
Council Reg. 
(EC) No 2053/2004 
22.11.2004 
and to imports 
consigned from the 
Philippines by 
Council Reg. 
(EC) No 655/2006 
27.04.2006 

and  

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

Council Reg. 
(EC) No 1292/2007 
30.10.2007 
and extended to 
imports consigned 
from Brazil and from 
Israel by the same 
Regulation 

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

and 

Council Impl. Reg 
(EU) No 806/2010 
13.09.2010 

and 

Council Impl. Reg 
(EU) No 205/2011 
28.02.2011 

as last amended by 
Council Impl. Reg. 
(EU) No 469/2011 
13.05.2011 

L 355 
01.12.2004 
p. 9 

L 116 
29.04.2006 
p. 1 

L 233 
04.09.2009 
p. 1 

L 288 
06.11.2007 
p. 1 

L 6 
10.01.2009 
p. 1 

L 242 
15.09.2010 
p. 6 

L 58 
03.03.2011 
p. 14 

L 129 
17.05.2011 

EN 

115 

   EN

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Kazakhstan 

Ferro-silicon 

Duties 

Silico-manganese 

Duties 

Korea (Rep. of) 

Polyethylene 
(PET)  

terephthalate 

Duties 

Silicon metal (ext.) 

Duties (ext.) 

Steel ropes and cables (ext.) 

Duties (ext.) 

EN 

116 

Council Reg. 
(EC) No 172/2008 
25.02.2008 

Council Reg. 
(EC) No 1420/2007 
04.12.2007 

as last amended by 
Council Reg. 
(EC) No 865/2008 
27.08.2008 

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

p. 27 

Council Reg. 
(EC) No 398/2004 
02.03.2004 
extended to imports of 
silicon consigned 
from the Republic of 
Korea by 
Council Reg. 
(EC) No 42/2007 
15.01.2007 

Council Reg. 
(EC) No 1858/2005 
08.11.2005 
as last amended by 
Council Reg. 
(EC) No 1459/2007 
10.12.2007 
extended as concerns 
Ukraine to such 
imports consigned 
from Moldova (Rep. 
of) by Council Reg. 
(EC) No 760/2004 
22.04.2004 
and extended as 
concerns China to 
such imports 
consigned from 
Morocco by 

p. 1 

L 55 
28.02.2008 
p. 6 

L 317 
05.12.2007 
p. 5 

L 59 
27.02.2007 
p. 1 

L 66 
04.03.2004 
p. 15 

L 13 
19.01.2007 
p. 1 

L 299 
16.11.2005 
p. 1 

L 326 
12.12.2007 
p. 18 

L 120 
24.04.2004 
p. 1 

L 328 

   EN

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Tube  and  pipe  fittings,  of  iron 
or steel 

Duties 

Laos 

Ring binders (ext.) 

Duties (ext.) 

Council Reg. 
(EC) No 1886/2004 
25.10.2004 

30.10.2004 
p. 1 

and extended as 
concerns China to 
such imports 
consigned from Korea 
(Rep. of) by Council 
Impl. Reg. (EU) No 
400/2010 
26.04.2010 

corrected by L 332, 
15.12.2011, p. 26 

Council Reg. 
(EC) No 1514/2002 
19.08.2002 
as last amended by 
Council Reg. 
(EC) No 778/2003 
06.05.2003 

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

Council Reg. 
(EC) No 2074/2004 
29.11.2004 
extended to imports 
from Vietnam 
by Council Reg. 
(EC) No 1208/2004 
28.06.2004 
and extended to 
imports from Laos  
by Council Reg. 
(EC) No 33/2006 
09.01.2006 

and maintained by 
Council Impl.Reg. 
(EU) No 157/2010 
22.02.2010 

L 117 
11.05.2010 
p. 1 

L 228 
24.08.2002 
p. 1 

L 114 
08.05.2003 
p. 1 

L 275 
16.10.2008 
p. 18 

L 359 
04.12.2004 
p. 11 

L 232 
01.07.2004 
p. 1 

L 7 
12.01.2006 
p. 1 

L 49 
26.02.2010 
p. 1 

F.Y.R.O.M 

Ferro-silicon 

Duties 

Council Reg. 
(EC) No 172/2008 

L 55 
28.02.2008 

EN 

117 

   EN

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Malaysia 

Fasteners (iron or steel) 

Duties 

Fatty alcohols and their blends 

Duties 

Polyethylene 
(PET)  

terephthalate 

Duties 

Tube  and  pipe  fittings,  of  iron 
or steel 

Duties 

Moldova (Rep. of) 

Steel ropes and cables (ext.) 

Duties (ext.) 

25.02.2008 

p. 6 

Council Reg. 
(EC) No 91/2009 
26.01.2009 

L 29 
31.01.2009 
p. 1 

and extended to such 
imports consigned 
from Malaysia  

by Council Impl. Reg. 
(EC) No 723/2011 
18.07.2011 

Council Impl. Reg. 
(EU) No 1138/2011 
08.11.2011 

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

p. 27 

Council Reg. 
(EC) No 1514/2002 
19.08.2002 
as last amended by 
Council Reg. 
(EC) No 778/2003 
06.05.2003 

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

as last amended by 
Council Impl. Reg. 
(EU) No 363/2010 
26.04.2010 

Council Reg. 
(EC) No 1858/2005 
08.11.2005 
as last amended by 

L 194 
26.07.2011 
p. 6 

L 293 
11.11.2011 
p. 1 

L 59 
27.02.2007 
p. 1 

L 228 
24.08.2002 
p. 1 

L 114 
08.05.2003 
p. 1 

L 275 
16.10.2008 
p. 18 

L 107 
29.04.2010 
p. 1 

L 299 
16.11.2005 
p. 1 

EN 

118 

   EN

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Council Reg. 
(EC) No 1459/2007 
10.12.2007 
extended as concerns 
Ukraine to such 
imports consigned 
from Moldova (Rep. 
of) by Council Reg. 
(EC) No 760/2004 
22.04.2004 
and extended as 
concerns China to 
such imports 
consigned from 
Morocco by 
Council Reg. 
(EC) No 1886/2004 
25.10.2004 

corrected by L 332, 
15.12.2011, p. 26 

Council Reg. 
(EC) No 1858/2005 
08.11.2005 
as last amended by 
Council Reg. 
(EC) No 1459/2007 
10.12.2007 
extended as concerns 
Ukraine to such 
imports consigned 
from Moldova (Rep. 
of) by Council Reg. 
(EC) No 760/2004 
22.04.2004 and  

extended as concerns 
China to such imports 
consigned from 
Morocco by 
Council Reg. 
(EC) No 1886/2004 
25.10.2004 and 

extended as concerns 
China to such imports 
consigned from Korea 
(Rep. of) by Council 
Impl. Reg. (EU) No 
400/2010 
26.04.2010 

corrected by L 332, 
15.12.2011, p. 26 

L 326 
12.12.2007 
p. 18 

L 120 
24.04.2004 
p. 1 

L 328 
30.10.2004 
p. 1 

L 299 
16.11.2005 
p. 1 

L 326 
12.12.2007 
p. 18 

L 120 
24.04.2004 
p. 1 

L 328 
30.10.2004 
p. 1 

L 117 
11.05.2010 
p. 1 

   EN

Morocco 

Steel ropes and cables (ext.) 

Duties (ext.) 

EN 

119 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Philippines 

Tube or pipe fittings, of iron or 
steel (ext.) 

Duties (ext.) 

Russia 

Ammonium nitrate  

Duties 

EN 

120 

Council Reg. 
(EC) No 964/2003 
02.06.2003  
as last amended by 
Council Reg. 
(EC) No 1496/2004 
18.08.2004 and 

extended as concerns 
China to imports 
consigned from 
Indonesia by 
Council Reg.  
(EC) 2052/2004 
22.11.2004 and 

to imports consigned 
from Sri Lanka by 
Council Reg. 
(EC) No 2053/2004 
22.11.2004 and 

to imports consigned 
from the Philippines 
by Council Reg. 
(EC) No 655/2006 
27.04.2006 and  

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

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

maintained by 
Council Reg. 
(EC) No 661/2008 
08.07.2008,  

corrected by 

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

L 139 
06.06.2003 
p. 1 

L 275 
25.08.2004 
p. 1 

L 355 
01.12.2004 
p. 4 

L 355 
01.12.2004 
p. 9 

L 116 
29.04.2006 
p. 1 

L 233 
04.09.2009 
p. 1 

L 102 
18.04.2002 
p. 1 

L 160 
23.06.2005 
p. 1 

L 185 
12.07.2008 
p. 1 

L 278 
23.10.2009 

   EN

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Ferro-silicon 

Duties 

Undertakings 

Seamless  pipes  and  tubes  of 
iron or steel 

Duties 

Steel ropes and cables 

Duties 

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

Duties 

South Africa 

Manganese dioxides 

Duties 

Steel ropes and cables 

Duties 

Commission Dec. 
No 2008/577/EC 
04.07.2008 

corrected by 

L 339, 22.12.2009,  
p. 59 

p. 1 

L 185 
12.07.2007 
p. 43 

Council Reg. 
(EC) No 172/2008 
25.02.2008 

Council Reg. 
(EC) No 954/2006 
27.06.2006 

as last amended by 
Council Reg. 
(EC) No 812/2008 
11.08.2008 

Council Reg. 
(EC) No 1279/2007 
30.10.2007 

corrected by L 96, 
15.04.2009, p. 39 

Council Reg. 
(EC) No 1256/2008 
16.12.2008 

Council Reg. 
(EC) No 221/2008 
10.03.2008 

Council Reg. 
(EC) No 1858/2005 
08.11.2005 
as last amended by 
Council Reg. 
(EC) No 1459/2007 
10.12.2007 
extended as concerns 

L 55 
28.02.2008 
p. 6 

L 175 
29.06.2006 
p. 4 

L 220 
15.08.2008 
p. 1 

L 285 
31.10.2007 
p. 1 

L 343 
19.12.2008 
p. 1 

L 69 
13.03.2008 
p. 1 

L 299 
16.11.2005 
p. 1 

L 326 
12.12.2007 
p. 18 

EN 

121 

   EN

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Sri Lanka 

Tube  and  pipe  fitting,  of  iron 
or steel (ext.) 

Duties (ext.) 

Ukraine to such 
imports consigned 
from Moldova (Rep. 
of) by Council Reg. 
(EC) No 760/2004 
22.04.2004 
and extended as 
concerns China to 
such imports 
consigned from 
Morocco by 
Council Reg. 
(EC) No 1886/2004 
25.10.2004 and 

extended as concerns 
China to such imports 
consigned from Korea 
(Rep. of) by Council 
Impl. Reg. (EU) No 
400/2010 
26.04.2010 

corrected by L 332, 
15.12.2011, p. 26 

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

maintained by 

L 120 
24.04.2004 
p. 1 

L 328 
30.10.2004 
p. 1 

L 139 
06.06.2003 
p. 1 

L 275 
25.08.2004 
p. 1 

L 355 
01.12.2004 
p. 4 

L 355 
01.12.2004 
p. 9 

L 116 
29.04.2006 
p. 1 

EN 

122 

   EN

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Taiwan 

Lighters 
refillable) 

(non-refillable  and 

Duties 

Peroxosulphates 

Duties 

Polyethylene 
(PET)  

terephthalate 

Duties 

Stainless  steel  fasteners  and 
parts thereof 

Duties 

Tube  and  pipe  fitting,  of  iron 
or steel (ext.) 

Duties (ext.) 

Council Reg. 
(EC) No 803/2009 
27.08.2009 

Council Reg. 
(EC) No 1458/2007 
12.12.2007 

Council Reg. 
(EC) No 1184/2007 
09.10.2007 

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

Council Reg. 
(EC) No 1890/2005 
14.11.2005 
corrected by L 256, 
02.10.2007, p. 31 

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

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

L 233 
04.09.2009 
p. 1 

L 326 
12.12.2007 
p. 1 

L 265 
11.10.2007 
p. 1 

L 59 
27.02.2007 
p. 1 

L 302 
19.11.2005 
p. 1 

L 139 
06.06.2003 
p. 1 

L 275 
25.08.2004 
p. 1 

L 355 
01.12.2004 
p. 4 

L 355 
01.12.2004 
p. 9 

L 116 
29.04.2006 
p. 1 

L 233 
04.09.2009 

EN 

123 

   EN

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
27.08.2009 

p. 1 

Thailand 

Hand  pallet  trucks  and  their 
essential parts (ext.) 

Duties (ext.) 

Council Reg. 
(EC) No 1174/2005 
18.07.2005 

L 189 
21.07.2005 
p. 1 

Plastic sacks and bags 

Duties 

as last amended by 
Council Reg.  
(EC) No 684/2008 
17.07.2008 
extended to such 
imports consigned 
from Thailand  

by Council Reg. 
(EC) No 499/2009 
11.06.2009 and 
maintained by 
Council Impl. Reg. 
(EU) No 1008/2011 

10.10.2011 

Council Reg. 
(EC) No 1425/2006 
25.09.2006 
corrected by 
L 49, 18.02.2007,  
p. 36 and by 
L 233, 05.09.2007,  
p. 7, as last amended 
by Council Regulation 
(EC) No 249/2008 
17.03.2008 and 
Council Regulation 
(EC) No 189/2009 
09.03.2009, as last 
amended by 
Council Impl. Reg. 
(EU) No 474/2011 
03.05.2011 

L 192 
19.07.2008 
p. 1 

L 151 
16.06.2009 
p. 1 

L 268 

13.10.2011 

p.1 

L 270 
29.09.2006 
p. 4 

L 76 
19.03.2008 
p. 8 

L 67 
12.03.2009 
p. 5 

L 131 
18.05.2011 
p. 2 

Polyethylene 

terephthalate 

Duties 

Council Reg. 
(EC) No 192/2007 

L 59 
27.02.2007 

EN 

124 

   EN

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
(PET)  

22.02.2007, corrected 
by L 215, 18.08.2007, 
p. 27 

p. 1 

Ring binders 

Duties 

Sweet 
corn 
preserved, in kernels) 

(prepared  or 

Duties 

Tube  and  pipe  fitting,  of  iron 
or steel 

Duties 

Council Impl. Reg. 
(EU) No 792/2011 
05.08.2011 

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

Council Reg. 
(EC) No 847/2009 
15.09.2009 

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

maintained by 
Council Reg. 

L 204 
09.08.2011 
p. 1 

L 159 
20.06.2007 
p. 14 

L 260 
30.09.2008 
p. 1 
L 246 
18.09.2009 
p. 1 

L 139 
06.06.2003 
p. 1 

L 275 
25.08.2004 
p. 1 

L 355 
01.12.2004 
p. 4 

L 355 
01.12.2004 
p. 9 

L 116 
29.04.2006 
p. 1 

EN 

125 

   EN

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

Duties 

(EC) No 803/2009 
27.08.2009 

L 233 
04.09.2009 
p. 1 

Council Reg. 
(EC) No 1697/2002 
23.09.2002 

L 259 
27.09.2002 
p. 8 

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

L 343 
19.12.2008 p. 
1 

Ukraine 

Ammonium nitrate 

Duties 
(2 years) 

Council Reg. 
(EC) No 442/2007 
19.04.2007  

L 106 
24.04.2007 
p. 1 

and maintained by 
Council Impl. Reg. 
(EU) No 512/2010 
14.06.2010 

Commission Dec. 
No 2008/577/EC 
04.07.2008 

Undertakings 

corrected by 

Ironing boards 

Duties 

L 339, 22.12.2009,  
p. 59 

Council Reg. 
(EC) No 452/2007 
23.04.2007 

as last amended by 
Council Impl. Reg.  
(EU) No 77/2010 
19.01.2010 and  

Council Impl. Reg.  
(EU) No 270/2010 
29.03.2010 and 

Council Impl. Reg.  
(EU) No 580/2010 
29.06.2010 and 

Council Impl. Reg.  
(EU) No 1241/2010 
20.12.2010 

L 150 
18.06.2010 
p. 24 

L 185 
12.07.2007 
p. 43 

L 109 
26.04.2007 
p. 12 

L 24 
28.01.2010 
p. 1 

L 84 
31.03.2010 
p. 13 

L 168 
02.07.2010 
p. 12 

L 338 
22.12.2010 

EN 

126 

   EN

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Seamless  pipes  and  tubes  of 
iron or steel 

Duties 

Steel ropes and cables 

Duties 

p. 8 

L 175 
29.06.2006 
p. 4 

L 299 
16.11.2005 
p. 1 
L 326 
12.12.2007 
p. 18 

L 120 
24.04.2004 
p. 1 

L 328 
30.10.2004 
p. 1 

Council Reg. 
(EC) No 954/2006 
27.06.2006 

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

extended as concerns 
China to such imports 
consigned from Korea 
(Rep. of) by Council 
Impl. Reg. (EU) No 
400/2010 
26.04.2010 

corrected by L 332, 
15.12.2011, p. 26 

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

Duties 

Council Reg. 
(EC) No 1697/2002 
23.09.2002 

L 259 
27.09.2002 
p. 8 

U.S.A. 

Biodiesel 

Duties 

and maintained by 
Council Reg. 
(EC) No 1256/2008 
16.12.2008 

Council Reg. 
(EC) No 599/2009 
07.07.2009 

and extended to 
imports consigned 
from Canada by 

L 343 
19.12.2008 
p. 1 

L 179 
10.07.2009 
p. 26 

EN 

127 

   EN

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Ethanolamines 

Duties 
(2 years) 

Peroxosulphates 

Duties 

Vietnam 

Ring binders (ext.) 

Duties (ext.) 

Council Impl. Reg. 
(EU) No 444/2011 
05.05.2011 

Council Impl. Reg. 
(EU) No 54/2010 
19.01.2010 

Council Reg. 
(EC) No 1184/2007 
09.10.2007 

Council Reg. 
(EC) No 2074/2004 
29.11.2004 
extended to imports 
from Vietnam 
by Council Reg. 
(EC) No 1208/2004 
28.06.2004 
and extended to 
imports from Laos  
by Council Reg. 
(EC) No 33/2006 
09.01.2006 

and maintained by 
Council Impl.Reg. 
(EU) No 157/2010 
22.02.2010 

L 122 
11.05.2011 
p. 12 

L 17 
22.01.2010 
p. 1 

L 265 
11.10.2007 
p. 1 

L 359 
04.12.2004 
p. 11 

L 232 
01.07.2004 
p. 1 

L 7 
12.01.2006 
p. 1 

L 49 
26.02.2010 
p. 1 

EN 

128 

   EN

 
 
 
 
 
 
 
 
ANNEX P 
Definitive anti-subsidy measures in force on 31 December 2011 

A. Ranked by product (alphabetical) 

Product 

Origin 

Measure 

Regulation N° 

Publication 

Biodiesel (AS) 

U.S.A. 

Duties 

Canada (ext.) 

Council Reg. 
(EC) No 598/2009 
07.07.2009 

L 179 
10.07.2009 
p. 1 

Coated fine paper (AS) 

P.R. China 

Duties 

Graphite  electrode 
(AS) 

systems 

India 

Duties 

Polyethylene 
(PET) (AS) 

terephthalate 

India 

Duties 

Undertakings 

and extended to 
imports consigned 
from Canada 
Council Impl. Reg. 
(EU) No 443/2011 
05.05.2011 

Council Impl. Reg. 
(EU) No 452/2011 
06.05.2011 

Council Reg. 
(EC) No 1628/2004 
13.09.2004 

as last amended by 
Council Reg. 
(EC) No 1354/2008 
18.12.2008 

and maintained by 

Council Impl. Reg. 
(EU) No 1185/2010 
13.12.2010 

Council Reg. 
(EC) No 193/2007 
22.02.2007 

as last amended by 
Council Reg. 
(EC) No 1286/2008 
16.12.2008 

Council Reg. 
(EC) No 193/2007 
22.02.2007 

corrected by L 215, 

L 122 
11.05.2011 
p. 1 

L 128 
14.05.2011 
p. 18 

L 295 
18.09.2004 
p. 4 

L 350 
30.12.2008 
p. 24 

L 332 
16.12.2010 
p. 1 

L 59 
27.02.2007 
p. 34 

L 340 
19.12.2008 
p. 1 

L 59 
27.02.2007 
p. 34 

EN 

129 

   EN

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Iran 
Pakistan 
U.A.E.  

Stainless  steel  bars  and  rods 
(AS) 

India 

Duties 

Duties 

Sulphanilic acid (AS) 

India 

Duties 

Undertakings 

18.08.2007, p. 27 

Council Impl. Reg. 
(EU) No 857/2010 
27.09.2010 

L 254 
29.09.2010 
p. 10 

Council Impl. Reg. 
(EU) No 405/2011 
19.04.2011 

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

and maintained by 

Council Reg. 
(EC) No 1010/2008 
13.10.2008 

Commission Dec. 
No 2006/37/EC 
05.12.2005 

L 108 
28.04.2011 
p. 3 

L 196 
25.07.2002 
p. 1 

L 22 
26.01.2006 
p. 5 

L 276 
17.10.2008 
p. 3 

L 22 
26.01.2006 
p. 52 

B. Ranked by country (alphabetical) 

Origin 

Product 

Measure 

Regulation N° 

Publication 

Canada 

Biodiesel (AS) (ext.) 

Duties (ext.) 

P.R. China 

Coated fine paper (AS) 

Duties 

India 

Graphite  electrode 
(AS) 

systems 

Duties 

Council Reg. 
(EC) No 598/2009 
07.07.2009 

L 179 
10.07.2009 
p. 1 

and extended to 
imports consigned 
from Canada 
Council Impl. Reg. 
(EU) No 443/2011 
05.05.2011 

Council Impl. Reg. 
(EU) No 452/2011 
06.05.2011 

Council Reg. 
(EC) No 1628/2004 
13.09.2004 

L 122 
11.05.2011 
p. 1 

L 128 
14.05.2011 
p. 18 

L 295 
18.09.2004 
p. 4 

EN 

130 

   EN

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
as last amended by 
Council Reg. 
(EC) No 1354/2008 
18.12.2008 

and maintained by 

Council Impl. Reg. 
(EU) No 1185/2010 
13.12.2010 

L 350 
30.12.2008 
p. 24 

L 332 
16.12.2010 
p. 1 

Polyethylene 
(PET) (AS) 

terephthalate 

Duties 

Council Reg. 
(EC) No 193/2007 
22.02.2007 

L 59 
27.02.2007 
p. 34 

as last amended by 
Council Reg. 
(EC) No 1286/2008 
19.12.2008 

Council Reg. 
(EC) No 193/2007 
22.02.2007 

corrected by L 215, 
18.08.2007, p. 27 

Council Impl. Reg. 
(EU) No 405/2011 
19.04.2011 

Council Reg. 
(EC) No 1339/2002 
22.07.2002 
as last amended by 
Council Reg. 
(EC) No 123/2006 
23.01.2006 

and maintained by 

Council Reg. 
(EC) No 1010/2008 
13.10.2008 

Commission Dec. 
No 2006/37/EC 
05.12.2005 

L 340 
19.12.2008 
p. 1 

L 59 
27.02.2007 
p. 34 

L 108 
28.04.2011 
p. 3 

L 196 
25.07.2002 
p. 11 

L 22 
26.01.2006 
p. 5 

L 276 
17.10.2008 
p. 3 

L 22 
26.01.2006 
p. 52 

Undertakings 

Stainless  steel  bars  and  rods 
(AS) 

Duties 

Sulphanilic acid (AS) 

Duties 

Undertakings 

Iran 

EN 

Polyethylene 
(PET) (AS) 

terephthalate 

Duties 

Council Reg. 
(EC) No 1289/2006 

L 254 
29.09.2010 

131 

   EN

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Pakistan 

U.A.E.  

Polyethylene 
(PET) (AS) 

Polyethylene 
(PET) (AS) 

terephthalate 

Duties 

terephthalate 

Duties 

U.S.A. 

Biodiesel (AS) 

Duties 

277.08.2006 

p. 10 

Council Reg. 
(EC) No 1289/2006 
277.08.2006 

Council Reg. 
(EC) No 1289/2006 
277.08.2006 

Council Reg. 
(EC) No 598/2009 
07.07.2009 

and extended to 
imports consigned 
from Canada 
Council Impl. Reg. 
(EU) No 443/2011 
05.05.2011 

L 254 
29.09.2010 
p. 10 

L 254 
29.09.2010 
p. 10 

L 179 
10.07.2009 
p. 1 

L 122 
11.05.2011 
p. 1 

EN 

132 

   EN

 
 
 
ANNEX Q 
Undertakings in force on 31 December 2011 

A. Ranked by product (alphabetical) 

Product 

Origin 

Measure 

Regulation N° 

Publication 

Aluminium foil 

Brazil 

Undertakings 

Ammonium nitrate 

Russia 

Ukraine 

Undertakings 

Citric acid 

P.R. China 

Undertakings 

Polyethylene 
(PET) 

terephthalate 

India 
Indonesia 

Undertakings 

Polyethylene 
(PET) (AS) 

terephthalate 

India 

Undertakings 

Sulphanilic acid (AD + AS) 

India 

Undertakings 

Zeolite A powder 

Bosnia 
Herzegovina 

and 

Undertakings 

Commission Dec. 
No 2009/736/EC 
05.10.2009 

Commission Dec. 
No 2008/577/EC 
04.07.2008 

corrected by L 339, 
22.12.2009, p. 59 

Commission Dec. 
No 2008/899/EC 
02.12.2008 

corrected by C 346, 
26.11.2011, p. 8 

Council Reg. 
(EC) No 192/2007 
22.02.2007 

Council Reg. 
(EC) No 193/2007 
22.02.2007 

corrected by L 215, 
18.08.2007, p. 27 

Commission Dec. 
No 2006/37/EC 
05.12.2006 

Commission Dec. 
No 2011/279/EU 
13.05.2011 

L 262 
06.10.2009 p. 
50 

L 185 
12.07.2008 p. 
43 

L 323 
03.12.2008 
p. 62 

L 59 
27.02.2007 
p. 1 

L 59 
27.02.2007 
p. 34 

L 22 
26.01.2006 
p. 52 

L 125 
14.05.2011 p. 
26 

EN 

133 

   EN

 
 
B. Ranked by country (alphabetical) 

Origin 

Product 

Measure 

Regulation N° 

Publication 

Bosnia 
Herzegovina 

and 

Zeolite A powder 

Undertakings 

Brazil 

Aluminium foil 

Undertakings 

P.R. China 

Citric acid 

Undertakings 

India 

Polyethylene 
(PET) 

Polyethylene 
(PET) (AS) 

terephthalate 

Undertakings 

terephthalate 

Undertakings 

Sulphanilic acid (AD + AS) 

Undertakings 

Indonesia 

Polyethylene 
(PET) 

terephthalate 

Undertakings 

Russia 

Ammonium nitrate 

Undertakings 

Ukraine 

Ammonium nitrate 

Undertakings 

Commission Dec. 
No 2011/279/EU 
13.05.2011 

Commission Dec. 
No 2009/736/EC 
05.10.2009 

Commission Dec. 
No 2008/899/EC 
02.12.2008 

corrected by C 346, 
26.11.2011, p. 8 

Council Reg. 
(EC) No 192/2007 
22.02.2007 

Council Reg. 
(EC) No 193/2007 
22.02.2007 

corrected by L 215, 
18.08.2007, p. 27 

Commission Dec. 
No 2006/37/EC 
05.12.2006 

Council Reg. 
(EC) No 192/2007 
22.02.2007 

L 125 
14.05.2011 p. 
26 

L 262 
06.10.2009 p. 
50 

L 323 
03.12.2008 
p. 62 

L 59 
27.02.2007 
p. 1 

L 59 
27.02.2007 
p. 34 

L 22 
26.01.2006 
p. 52 

L 59 
27.02.2007 
p. 1 

Commission Dec. 
No 2008/577/EC 
04.07.2008 

L 185 
12.07.2008 p. 
43 

corrected by L 339, 
22.12.2009, p. 59 

Commission Dec. 
No 2008/577/EC 
04.07.2008 

L 185 
12.07.2008 p. 
43 

corrected by L 339, 
22.12.2009, p. 59 

EN 

134 

   EN

 
 
 
ANNEX R 

Anti-dumping & anti-subsidy investigations pending 

on 31 December 2011 

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

Product 

AD/AS 

Origin 

Type 

Publication 

Aluminium foil 

AD.582 

P.R. China 

Initiation  C 371 

20.12.2011, p. 4 

Aluminium radiators 

AD.578 

P.R. China 

Initiation  C 236 

12.08.2011, p. 18 

Bioethanol  

AD.580 

U.S.A. 

Initiation  C 345 

25.11.2011, p. 7 

Bioethanol (AS) 

AS.581 

U.S.A. 

Initiation 

C 345 

25.11.2011, p. 13 

Citrus fruits 

AD.524a  P.R. China 

Initiation 

C 353 

03.12.2011, p. 15 

Organic coated steel products 

AD.584 

P.R. China 

Initiation  C 373 

21.12.2011, p. 16 

Oxalic acid 

AD.568 

India 

Initiation 

C 24 

P.R. China 

26.01.2011, p. 8 

Prov. Duty 

L275 

20.10.2011, p. 1 

Seamless  pipes  and  tubes  of  iron  or  steel 
(certain) 

AD.575 

Belarus 

Initiation  C 187 

28.06.2011, p. 22 

Sodium Cyclamate 

AD.571 

P.R. China 

Initiation  C 50 

17.02.2011, p. 9 

EN 

135 

   EN

 
 
 
 
 
 
 
 
 
Soy protein products (certain concentrated) AD.572 

P.R. China 

Initiation  C 121 

19.04.2011, p. 71 

Stainless steel fasteners 

AD.573 

India 

Initiation  C 142 

13.05.2011, p. 30 

Stainless steel fasteners (AS) 

AS.574 

India 

Initiation  C 142 

13.05.2011, p. 36 

Tartaric acid 

AD.577 

P.R. China 

Initiation  C 223 

29.07.2011, p. 11 

Tube and pipe fittings of iron or steel 

AD.579 

Russia 

Initiation  C 320 

Turkey 

01.11.2011, p. 4 

Vinyl acetate 

AD.566 

U.S.A. 

Initiation  C 327 

04.12.2010, p. 23 

White phosphorous 

AD.583 

Kazakhstan 

Initiation  C 369 

17.12.2011, p. 19 

Woven and/or stitched glass fibre fabrics 

AD.576 

P.R. China 

Initiation  C 222 

28.07.2010, p. 12 

EN 

136 

   EN

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

Product 

R. No 

Origin 

Type of review 

Publication 

Chamois leather 

R.532 

P.R. China 

Expiry review 

C 270 

Ferro-silicon 

R.514 

Russia 

13.09.2011, p. 6 

Partial interim 
review 

C 
290
27.10.2010, p. 15 

Furfuraldehyde 

R.526 

P.R. China 

Full interim review  C 

196

05.07.2011, p. 9 

Glass  fibres  (certain  open  mesh 
fabrics) 

R.539 

P.R. China 

Circumvention 
review 

L 
09.08.2011, p. 1 

204

Iron or steel fasteners 

R.540 

Malaysia 

New exporter 
review 

L 297 

Lever arch mechanisms 

R.530 

P.R. China 

Expiry review 

16.11.2011, p. 53 

C 
23.07.2011, p. 35 

217

Molybdenum wires 

R.525 

P.R. China 

Plastic sacs and bags (certain) 

R.510 

P.R. China 

Circumvention 
review 

131
L 
18.05.2011, p. 14 

Partial interim 
review 

C 
21.09.2010, p. 2 

253

Plastic sacs and bags (certain) 

R.536 

P.R. China 

Expiry review 

C 
283
27.09.2011, p. 11 

Thailand 

Polyethylene terephthalate (PET)   R.523 

India 

Partial interim 
review 

C 
102
02.04.2011, p. 18 

Polyethylene  terephthalate  (PET) 
(AS) 

R.524 

India 

Partial interim 
review 

C 
102
02.04.2011, p. 15 

Polyethylene  terephthalate  (PET) 
film 

R.513 

India 

Partial interim 
review 

C 
294
29.10.2010, p. 10 

PSC wires and strands 

R.534 

P.R. China 

Partial interim 
review 

C 
04.10.2011, p. 6 

291

Seamless  pipes  and  tubes of  iron 
or steel 

R.528 

Croatia 

Expiry review 

C 
187
28.06.2011, p. 16 

Russia 

Ukraine 

Seamless  pipes  and  tubes of  iron  R.537 

Russia 

Partial interim 

C 303 

EN 

137 

   EN

 
 
or steel 

review 

14.10.2011, p. 11 

Seamless  pipes  and  tubes of  iron 
or steel 

R.531 

Ukraine 

Partial interim 
review 

C 223 

Sodium cyclamate 

R.522 

P.R. China 

29.07.2011, p. 8 

Partial interim 
review 

C 50 

Stainless steel fasteners and parts 
thereof 

R.518 

P.R. China 

Expiry review 

Taiwan 

Steel ropes and cables 

R.517 

P.R. China 

Expiry review 

17.02.2011, p. 6 

C 
19.11.2010, p. 7 

315

C 
13.11.2010, p. 6 

309

South Africa 

Ukraine 

Steel  wire 
(SWR) 

ropes  and  cables 

R.533 

Korea (Rep. of) 

New exporter 
review 

L 254 

30.09.2011, p. 7 

Tartaric acid 

R.521 

P.R. China 

Expiry review 

C 24 

Tartaric acid 

R.529 

P.R. China 

26.01.2011, p. 14 

Partial interim 
review 

C 223 

29.07.2011, p. 16 

EN 

138 

   EN

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

Origin 

Product 

Type 

Publication 

Belarus 

Seamless pipes and tubes of iron or steel 
(certain) 

New investigation  C 187 

28.06.2011, p. 22 

P.R. China 

Aluminium foil 

New investigation   C 371 

20.12.2011, p. 4 

Aluminium radiators 

New investigation  C 236 

12.08.2011, p. 18 

Chamois leather 

Expiry review 

C 270 

13.09.2011, p. 6 

Citrus fruits 

New investigation 

C 353 

Furfuraldehyde 

Glass fibres (certain open mesh fabrics) 

Lever arch mechanisms 

Molybdenum wires 

03.12.2011, p. 15 

Full interim review  C 

196

05.07.2011, p. 9 

Circumvention 
review 

L 
09.08.2011, p. 1 

204

Expiry review 

C 
23.07.2011, p. 35 

217

Circumvention 
review 

L 
18.05.2011, p. 14 

131

Organic coated steel products 

New investigation  C 373 

21.12.2011, p. 16 

Oxalic acid 

New investigation  C 24 

Plastic sacs and bags (certain) 

26.01.2011, p. 8 

Partial interim 
review 

C 
21.09.2010, p. 2 

253

Plastic sacs and bags (certain) 

Expiry review 

C 
27.09.2011, p. 11 

283

PSC wires and strands 

Partial interim 
review 

C 
04.10.2011, p. 6 

291

Sodium cyclamate 

New investigation  C 50 

EN 

139 

   EN

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
17.02.2011, p. 9 

Partial interim 
review 

C 50 

17.02.2011, p. 6 

products 

(certain 

New investigation 

C 121 

Sodium cyclamate 

Soy 
concentrated) 

protein 

Steel ropes and cables 

Expiry review 

Stainless steel fasteners and parts thereof 

Expiry review 

19.04.2011, p. 71 

C 
13.11.2010, p. 6 

309

C 
19.11.2010, p. 7 

315

Tartaric acid 

New investigation 

C 223 

Tartaric acid 

29.07.2011, p. 11 

Partial interim 
review 

C 223 

29.07.2011, p. 16 

Tartaric acid 

Expiry review 

C 24 

26.01.2011, p. 14 

Woven and/or stiched glass fibre fabrics 

New investigation  C 222 

Croatia 

Seamless pipes and tubes of iron or steel 

Expiry review 

28.07.2010, p. 12 

C 
28.06.2011, p. 16 

187

India 

Oxalic acid 

New investigation  C 24 

Polyethylene terephthalate (PET)  

Polyethylene terephthalate (PET) (AS) 

Polyethylene terephthalate (PET) film 

26.01.2011, p. 8 

Partial interim 
review 

C 
02.04.2011, p. 18 

102

Partial interim 
review 

C 
02.04.2011, p. 15 

102

Partial interim 
review 

C 
29.10.2010, p. 10 

294

Stainless steel fasteners 

New investigation  C 142 

13.05.2011, p. 30 

Stainless steel fasteners (AS) 

New investigation  C 142 

EN 

140 

13.05.2011, p. 36 

   EN

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Kazakhstan 

White phosphorous 

New investigation 

C 369 

Korea (Rep. of) 

Steel wire ropes and cables 

Malaysia 

Iron or steel fasteners 

Russia 

Ferro-silicon 

17.12.2011, p. 19 

New exporter 
review 

L 254 

30.09.2011, p. 7 

New exporter 
review 

L 297 

16.11.2011, p. 53 

Partial interim 
review 

C 
27.10.2010, p. 15 

290

Seamless pipes and tubes of iron or steel 

Expiry review 

C 
28.06.2011, p. 16 

187

Seamless pipes and tubes of iron or steel 

Partial interim 
review 

C 303 

14.10.2011, p. 11 

Tube and pipe fittings of iron or steel 

New investigation  C 320 

South Africa 

Steel ropes and cables 

Expiry review 

Taiwan 

Stainless steel fasteners and parts thereof 

Expiry review 

Thailand 

Plastic sacs and bags (certain) 

Expiry review 

01.11.2011, p. 4 

C 
13.11.2010, p. 6 

309

C 
19.11.2010, p. 7 

315

C 
27.09.2011, p. 11 

283

Turkey 

Tube and pipe fittings of iron or steel 

New investigation  C 320 

Ukraine 

Seamless pipes and tubes of iron or steel 

Expiry review 

01.11.2011, p. 4 

C 
28.06.2011, p. 16 

187

Seamless pipes and tubes of iron or steel 

Steel ropes and cables 

Partial interim 
review 

C 223 

29.07.2011, p. 8 

Expiry review 

C 
13.11.2010, p. 6 

309

U.S.A. 

Bioethanol 

New investigation  C 345 

Bioethanol (AS) 

New investigation  C 345 

25.11.2011, p. 7 

EN 

141 

   EN

 
 
 
 
 
 
 
Vinyl acetate 

New investigation  C 327 

04.12.2010, p. 23 

25.11.2011, p. 13 

EN 

142 

   EN

 
 
ANNEX S 

Court cases 

A.  Court  cases  pending  before  the  Court  of  Justice  of  the  European  Union  and  the  General 
Court on 31 December 2011 

Case C-191/09 P 

Case C-200/09 P 

Case C-337/09 P 

Case C-247/10 P 

Case C-249/10 P 

Case C-338/10 

Case C-552/10P 

Court of Justice 

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

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

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

Zhejiang  Aokang  Shoes  Ltd.  v.  Council  (appeal  against 
judgment in case T-407/06) 

Brossman Footwear (HK) and others v. Council (appeal against 
judgment in case T-401/06) 

GLS  Grünwald  Logistik  Service  GmbH  (Reference  for  a 
preliminary ruling) 

Usha  Martin  Ltd.  v.  Council  and  Commission  (appeal  against 
judgement in case T-119/06) 

Case C-533/10 

CIVAD S.A. (Reference for a preliminary ruling) 

Case C-195/11 P 

Commission  v.  Zhejiang  Xinshiji  Foods  and  Hubei  Xinshiji 
Foods (appeal against judgement in case T-122/09) 

Case C-348/11 

Thomson Sales Europe (Reference for a preliminary ruling) 

Case C-638/11 P 

Council v. Gul Ahmed Textile Mills (appeal against judgement 
in case T-199/04) 

General Court 

Case T-113/06 

Fjord Seafood Norway AS et al v. Council 

Case T-115/06 

Fiskeri og Havbruksnaeringens et al v. Council 

Case T-84/07 

Eurochem v. Council 

Case T-469/07  

Philips Lighting Poland SA and Philips Lighting BV v Council 

Case T-459/07 

Hangzhou Duralamp Electronics Co,. Ltd v Council 

Case T-234/08 

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

EN 

143 

   EN 

 
Case T-235/08 

Acron OAO and Dorogobuzh OAO v. Council 

Case T-459/08 

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

Case T-536/08 

Huvis v. Council 

Case T-537/08 

Cixi Jiangnan Chemical Fiber and others v. Council 

Case T-150/09 

Ningbo Yonghong Fasteners v. Council 

Case T-162/09 

Würth and Fasteners (Shenyang) v. Council  

Case T-170/09 

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

Case T-172/09 

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

Case T-512/09 

Rusal Armenal v. Council 

Case T-528/09 

Hubei Xinyegang v. Council 

Case T-118/10 

Acron OAO v. Council 

Case T-134/10 

FESI v. Council 

Case T-153/10 

Schneider Espana de Informatica SA v. Commission 

Case T-158/10 

The Dow Chemical Company v. Council 

Case T-191/10 

Greenwood Houseware (Zhuhai) Ltd and Others v. Council 

Case T-269/10 

LIS GmbH Licht Impex Service GmbH v. Commission 

Case T-555/10 

JBF RAK v. Council  

Case T-556/10 

Novatex Ltd, Karachi v. Council 

Case T-582/10 

Acron OAO and Dorogobuzh v. Council 

Case T-156/11 

Since Hardware (Guangzhou) CO., LTD, v. Council  

Case T-304/11 

Alumina d.o.o. v. Council 

Case T-385/11 

BP Products North America, v. Council  

Case T-407/11 

SRF Ltd. V. Council 

Case T-443/11 

Case T-444/11 

Gold East Paper (Jiangsu) and Gold  Huasheng Paper (Suzhou 
Industrial Park) / Council  

Gold East Paper (Jiangsu) and Gold  Huasheng Paper (Suzhou 
Industrial Park) / Council  

Case T-445/11 

Charron Inox and Almet v. Commission  

EN 

144 

   EN 

 
Case T-551/11 

BSI v. Council 

Case T-557/11 

Elsid and others v. Commission 

Case T-596/11  

Bricmate AB v. Council 

Case T-633/11  

Guangdong Kito Ceramics and others v. Council  

Case T-643/11  

Crown  Equipment  (Suzhou)  and  Crown  Gabelstapler  v. 
Council  

B. 

Judgments, orders or other decisions rendered in 2011. 

Court of Justice 

Case C-511/09 P 

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

Case C-2/11 (PI) 

Case C-3/11 (PI) 

Gesamtverband  der  deutschen  Textil-  und  Modeindustrie  and 
others / Council  

Gesamtverband  der  deutschen  Textil-  und  Modeindustrie  and 
others / Council  

Case T-122/09 

Case T-167/07 

Case T-259/08 

Case T-199/04 

Case T-190/08 

Case T-192/08 

Case T-274/07 

Case T-297/10 

Case T-107/08 

General Court 

Zhejiang Xinshiji Foods and Hubei Xinshiji Foods v. Council  

Far Eastern Textile Ltd. v. Council 

Global Digital Disc GmbH & Co. KG v. Commission 

Gul Ahmed Textile Mills Ltd. v. Council 

Chelyabinskij 
Kuznetskie Ferrosplavy v. Council and Commission 

electrometalurgicheskij 

kombinat 

and 

TNK Kazchrome and ENRC Marketing v. Council 

Zhejiang Harmonic Hardware Products v. Council 

DBV  –  Deutscher  Brennstoffvertrieb  Würzburg  GmbH  v. 
Commission 

TNC  Kazchrome  and  ENRC  Marketing  AG  v  Council  and 
Commission 

Case T-423/09 

Dashiqiao Sanqiang Refractory Materials v. Council  

ANNEX T 

Safeguard and surveillance measures in force on 31 December 2011 

EN 

145 

   EN 

 
 
A. Safeguard measures 

List of safeguard measures in force 

Product 

Country of origin  Regulation/Decision 

OJ Reference 

None 

- 

B. Surveillance measures 

N° 

- 

- 

List of surveillance measures in force 

Product 

Country of origin  Regulation/Decision 

OJ Reference 

Steel products (surveillance) 

Erga omnes 

N° 

Commission Reg. 
(EC) No 76/2002 
17.01.2002 

as last amended by 
Commission Reg. 
(EU) No 1241/2009 
16.12.2009 

L 16 
18.01.2002 
p. 3 

L 332 
17.12.2009 
p. 54 

EN 

146 

   EN