COMMISSION STAFF WORKING DOCUMENT Accompanying the document REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT TENTH REPORT OVERVIEW OF THIRD COUNTRY TRADE DEFENCE ACTIONS AGAINST THE EUROPEAN UNION FOR THE YEAR 2012
Date: 2013-04-22
Institutions: European Commission
Subjects: Australia, Belarus, Brazil, China, Egypt, Indonesia, Israel, Jordan, Kazakhstan, Latin America, Morocco, New Zealand, Russia, South Africa, Türkiye, Ukraine, United States, export (EU), protectionism, trade dispute

EUROPEAN 
COMMISSION 

Brussels, 22.4.2013  
SWD(2013) 140 final 

COMMISSION STAFF WORKING DOCUMENT 
Accompanying the document 

REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT 

TENTH REPORT 

OVERVIEW OF THIRD COUNTRY TRADE DEFENCE ACTIONS 
AGAINST THE EUROPEAN UNION FOR THE YEAR 2012 

{COM(2013) 217 final} 

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COMMISSION STAFF WORKING DOCUMENT 
Accompanying the document 

REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT 

TENTH REPORT 

OVERVIEW OF THIRD COUNTRY TRADE DEFENCE ACTIONS 
AGAINST THE EUROPEAN UNION FOR THE YEAR 2012 

Annex I – Trends and main cases by country 

1. 

UNITED STATES 

1.1. 

Overall trends 

With  18  measures  at  the  end  of  2012  (17  anti-dumping  measures  and  1  countervailing 
measure), the US is the country with the second highest number of trade defence measures in 
force against the EU. The US initiated one new investigation.  

With  regard  to  the  WTO  'zeroing'  disputes,  the  EU  was  successful  in  both  its  disputes 
(WT/DS294  and  WT/DS350)  in  2011.  In  February  2012,  the  US  and  EU  reached  an 
understanding (roadmap) to settle these disputes.  

1.2.  Main cases 

a) Zeroing: Implementation of the new US methodology 

For several years, zeroing proved to be the most important and intractable TDI issue with the 
US. It is recalled that zeroing is a practice whereby non-dumped transactions are disregarded 
in the calculation of the dumping margin, often resulting in artificially inflated duties. The EU 
challenged this practice in two WTO dispute settlement cases and, although the WTO rulings 
were  in  favour  of  the  EU  in  both  cases,  the  US  took  some  time  to  comply  with  the  said 
rulings.  

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

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

In  addition,  on  26  March  the  US  announced  the  preliminary  results  of  the  "Section  129" 
reviews  for  seven  anti-dumping  orders.  These  reviews  were  carried  out  in  order  to  remove 
zeroing from applied duties ("cash deposit") of a number of EU exporters. The USDOC seems 
to  apply  the  methodology  correctly  and  has  consequently  reduced  many  of  the  dumping 
margins  created  by  zeroing  to  0%.  The  final  findings  were  announced  on  6  June  and 
confirmed the preliminary results. Furthermore, USDOC began to apply the new methodology 
to a number of on-going anti-dumping reviews.  

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This understanding is a great step forward from the EU's point of view as it removes zeroing 
from  the  "normal"  calculation  of  dumping  in  reviews,  which  determine  about  90%  of  the 
amount of anti-dumping duty actually collected. So far the US satisfied the steps envisaged in 
this roadmap. 

However,  since  the  methodology leaves  open  the  possibility  of  the  US  occasionally 
employing a different method of comparison to the average-to-average "default" method (in 
case targeted dumping is found) US petitioners are now systemically requesting the USDOC 
to  make  targeted  dumping  findings  in  administrative  reviews,  so  that  zeroing  can  be  re-
applied in such cases.  

Therefore, the Commission will continue to closely monitor the application by the US of its 
new  methodology  in  order  to  ensure  that  zeroing  is  consistently  eliminated  from  dumping 
calculations in all future reviews. The first batch of reviews completed during the first year of 
the  roadmap  indicates  that  US  recourse  to  the  targeted  dumping  exception  is  rather  too 
frequent (it has been used in 3 out of the first 7 reviews conducted). 

Small  diameter  graphite  electrodes  from  China:  anti-circumvention  investigation 

b) 
concerning a UK company (UKCG) 

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

Thus,  the  petitioners  lodged  a  request  for  an  anti-circumvention  investigation,  limited  to 
UKCG, claiming that the company is circumventing the measures in force against China by 
finishing the Chinese products in UK and shipping them – with UK origin – to the US. The 
submissions  of  the  EU  company  concerned  rebutting  these  allegations  did  not  convince  the 
Department of Commerce, which decided to open the anti-circumvention investigation on 18 
March 2011. Although such proceedings should normally be concluded in no more than 300 
days,  the  DOC  published  the  final  determination  only  on  9  August  2012  referring  to  staff 
shortage issues due to the strict deadlines on the above mentioned "Section 129" reviews.  

There  were  several  problems  with  the  way  the  conclusions  of  the  investigation  were  drawn 
but  the  most  significant  was  that  the  USDOC  was  proposing  to  make  imports  from  UKCG 
subject to anti-dumping duties without having established whether the imports in question are 
dumped. Despite the Commission's interventions and close coordination with UKCG as well 
as  the  UK  Embassy  in  Washington,  USDOC,  in  its  final  determination,  found  that  the 
company was indeed circumventing the measures in force against China and the company is 
now  subject  to  Chinese  rate  of  duty.  The  USDOC  finding  has  been  challenged  in  the  US 
Court of International Trade. 

c) New anti-dumping investigation: Xanthan gum from Austria (and China) 

Following the opening of 3 new investigations concerning EU exporters in 2007, the US did 
not initiate any TDI proceedings until 2012. In this year a new case concerning the imports of 
xanthan gum was opened. Preliminary anti-dumping duties were proposed on 9 January 2013. 
Zeroing was not applied at this stage. The Commission is closely following the case. 

d) Lightweight Thermal Paper from Germany: Use of adverse facts available 

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On  11  December  2012,  USDOC  imposed  a  preliminary  anti-dumping  duty  of  75.36%  on 
imports  from  Koehler  AG,  on  the  basis  of  adverse  facts  available.  This  case  has  raised  a 
number of concerns and will be closely followed in 2013. 

2. 

CHINA 

2.1. 

Overall trends 

China continued to actively use trade defence instruments against the EU in 2012: the number 
of  initiations  doubled  as  compared  to  2011,  as  there  were  3  new  anti-dumping  proceedings 
and 1 new anti-subsidy proceeding initiated against EU exports. 

Once  again,  the  trend  of  imposing  definitive  measures  in  all  of  the  trade  defence 
investigations  initiated  by  China  continued.  In  2012  definitive  anti-dumping  duties  were 
imposed in 2 proceedings, plus an additional anti-dumping duty in another proceeding which 
then became definitive in early January 2013. As a result, the total number of anti-dumping 
measures  imposed  by  China  against  the  EU  is  currently  15,  plus  1  definitive  countervailing 
duty against EU exports.  

These numbers show that (i) the increase in the initiation of new proceedings targeting the EU 
continues; (ii) the definitive measures imposed against EU products continue to increase; (iii) 
there has not been one single trade defence proceeding initiated by China that has not resulted 
in  the  imposition  of  definitive  measures  to  date  since  China  starting  using  actively  the 
instruments against the EU in 2008. 

Furthermore,  China  continues  to  use  the  practice  of  'mirror'  cases,  cases  when  the 
investigation targets the same EU producers who requested for the launch of an anti-dumping 
investigation in the EU against Chinese imports of a similar product. 

2.2.  Main cases 

China initiated two new anti-dumping investigations in 2012 in the chemical sector (toluene 
diisocyanate  and  toluidine)  and  one  combined  anti-dumping  and  anti-subsidy  investigation 
against  polysilicon  from  the  EU.  Definitive  anti-dumping  measures  were  imposed  against 
imports of photographic paper, certain stainless steel seamless tubes, and ethylene glycol 
monobutyl ether. 

a) Polysilicon: the latest example of retaliation 

This  is  the  second  anti-subsidy  proceeding  initiated  by  China  against  the  EU  (the  other 
concerned  potato  starch)  and  the  first  combined  anti-dumping  and  anti-subsidy  proceeding 
initiated  simultaneously  (in  potato  starch  anti-dumping  duties  had  already  been  imposed 
before the anti-subsidy proceeding). The two proceedings were initiated at the same time on 1 
November 2012. Exports of EU polysilicon to China were well over $ 800 million in 2011, 
mainly from Germany. 

As  regards  the  subsidy  allegations,  they  concern  two  German  programmes  and  target  one 
large  EU  exporter.  In  addition,  there  are  allegations  concerning  lending  granted  by  the 
European Investment Bank ('EIB') to this main targeted EU exporter. The Commission is fully 
cooperating in the investigation and is coordinating the replies also on behalf of the German 
government and the EIB. The Commission has expressed its doubts on the countervailability 
of the alleged programmes. There are also strong doubts on the solidity of the injury picture 
and  especially  of  the  causal  link  between  the  purported  injury  suffered  by  the  Chinese 
industry and the EU exports.  

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There  have  been  persistent  rumours  in  the  press  that  this  Chinese  case  has  been  initiated  in 
retaliation against  the  initiation  of  trade defence proceedings  by the EU on imports of solar 
panels from China. While the Commission is still analysing the technical aspects of the case 
and there has been no decision yet by the Chinese authorities, it is an interesting coincidence 
that this proceeding concerns a major raw material used to manufacture solar panels and that 
it has been initiated at the same time  as the  initiation of the EU anti-subsidy proceeding  on 
imports of Chinese solar panels. 

The Commission also noted that interestingly the Chinese authorities had initiated at the end 
of July 2012 a similar combined anti-subsidy and anti-dumping proceeding against imports of 
polysilicon  from  the  USA  and  an  anti-dumping  proceeding  against  Korea.  This  came  at  the 
time  of  the  definitive  imposition  by  the  US  authorities  of  combined  anti-dumping  and 
countervailing  duties  against  imports  of  Chinese  solar  panels.  It  was  also  striking  that  on 
initiation of the proceedings against US and Korea, the Chinese authorities had concluded that 
imports of polysilicon from the EU did not cause injury to the Chinese industry, whereas after 
less  than  3  months  they  concluded  the  opposite  and  even  decided  to  cumulate  the  injury 
analysis of EU imports with US and Korean imports. 

Given  this  situation,  the  Commission  will  continue  its  close  cooperation  with  the  Chinese 
authorities and will continue to put forward its arguments on the absence of subsidisation and 
of injury, monitoring very carefully every aspect of the case. If it turns out that the Chinese 
authorities are violating the relevant WTO rules, the Commission will look into all options.  

b) Photo paper: substantial definitive duties imposed 

China  imposed  substantial  definitive  anti-dumping  duties  against  imports  of  photographic 
paper  ranging  between  17.5%  and  19.4%  for  EU  companies.  The  residual  duty  for  US  and 
Japanese imports is 28.8%. The duties have been imposed on 23 March 2012 for a period of 5 
years. 

Unfortunately the EU exporters are subject to these high duties as a result of a questionable 
determination by the Chinese authorities. Also in this case the recurring transparency issues 
concerning  the  dumping  and  injury  disclosures  were  present.  The  injury  and  causal  link 
determination also seem not convincing according to the records on the file.  

c) Stainless steel seamless tubes: recurring issues, WTO consultations  

China  initiated  this  proceeding  against  EU  and  Japanese  exports  in  September  2011.  The 
target  of  this  investigation  are  certain  high-performance  stainless  steel  seamless  tubes  (HP 
SSST).  This  case  was  another  'mirror'  case,  as  it  targeted  the  same  EU  producers  that  had 
launched  an  anti-dumping  investigation  in  the  EU  against  Chinese  imports  of  a  similar 
products. 

On 9 November 2012, China imposed definitive anti-dumping duties for EU exports ranging 
between 9.7% and 11.1% (residual duty). The rates for Japanese exports range between 9.2% 
and 14.4% (residual duty). 

The  Commission  has  closely  followed  this  case,  in  which  the  main  EU  (and  Japanese) 
exporters have cooperated with the investigation. As in similar 'mirror' cases, the Commission 
has  once  again  noted  the  same  pattern  of  recurring  systemic  issues.  With  regard  to  the 
dumping determination of one of the EU exporters, it appears that there have been two main 
issues  resulting  in  an  artificially  inflated  definitive  dumping  margin.  The  first  concerns  the 
construction of normal value, which has been inflated by disregarding evidence submitted by 
the  exporter  apparently  with  no  sufficient  underlying  explanation.  The  recurring  lack  of 
transparency  in  the  disclosure  has  further  affected  the  right  of  defence  of  the  exporter 

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concerned. The second issue concerned MOFCOM's breach of the WTO requirement to carry 
out a 'fair comparison' between the exported product and the domestic like product, as there 
have been no adjustments for products with significant different physical characteristics, cost 
of production and prices, thereby again inflating the dumping margin. 

This  investigation  presents  a  number  of  shortcomings  also  in  the  injury  and  causal  link 
determination.  The  price  analysis  did  not  address  a  number  of  relevant  elements  on  the 
declining  prices  of  both  imports  and  domestic  prices,  and  more  importantly  concluded  that 
price undercutting did exist although the import prices were clearly significantly higher than 
domestic prices. The analysis of the injury factors was based on questionable data and ignored 
several aspects of the real market situation. Similar problems also affected the soundness of 
the causal link analysis. The Commission raised these points throughout the investigation, but 
unfortunately  they  were  ignored  and  not  addressed  in  substance  by  the  Chinese  authorities. 
Also the Japanese government and the EU and Japanese exporters made similar arguments but 
they were similarly all dismissed without going into their substance. 

As  a  result  of  these  flaws,  Japan  requested  WTO  consultations  with  China  and  the 
Commission  also  joined  Japan  as  third  party  in  these  consultations  (the  case  number  is  DS 
454).  

d) Ethylene Glycol Monobutyl Ether chemical sector targeted again 

The most recent imposition of definitive anti-dumping duties by China concerns two products 
in the chemical sector, Ethylene Glycol Monobutyl Ether and Diethylene Glycol Monobutyl 
Ether (also known as EBMEG). The duties were imposed against EU and US imports as from 
28  January  2013.  The  anti-dumping  duties  against  EU  imports  range  between  9.3%  and 
18.8%, and the duties against US imports between 10.6% and 14.1%. 

The Commission has closely followed this proceeding with the EU cooperating exporters. The 
main  striking  feature  of  this  determination  is  that  the  Chinese  authorities  have  imposed  a 
substantially  higher  duty  for  a  non-cooperating  EU  exporter  (i.e.  18.8%)  as  opposed  to  the 
residual  duty  of  10.8%  equal  to  the  highest  duty  of  cooperating  exporters.  The  second  odd 
aspect  of  the  determination  concerns  the  dumping  margin  of  one  of  the  cooperating  EU 
exporters, which seems to have been artificially inflated by MOFCOM. The Commission will 
continue  to  analyse  the  final  determination  and  will  decide  if  and  how  to  address  the 
shortcomings of this determination.  

3. 

INDIA 

3.1. 

Overall trends 

With the imposition of 6 new anti-dumping measures and one safeguard in 2012, India is in 
the  first  position  in  the  list  of  countries  having  measures  in  force  against  the  EU  with  21 
measures  in  total.  These  concern  mainly  chemical  products  and  steel  products  (soda  Ash, 
morpholine,  melamine,  Pentaerythritol,  aniline  and  stainless  steel  cold  rolled  flat 
products).  Two  new  investigations  and  one  expiry  review  (acetone  –  measures  would 
otherwise have expired in March 2013) were initiated in 2012, but the EU exporters did not 
inform  the  Commission  of  any  interest  in  cooperating  with  the  Indian  investigating 
authorities. It should be recalled that India was the most active country in 2010 in terms of 
initiation  of  new  investigations  (8,  of  which  one  safeguard).  India  is  thus  one  of  the  most 
active TDI users against the EU.  

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3.2.  Main cases 

EU  exporters  seem  to  have  had  little  interest  in  the  recent  Indian  cases.  The  Commission 
nevertheless  intervened  in  some  of  these  investigations  because  some  systemic  procedural 
issues  have  been  identified.  In  the  investigations  concerning  soda  ash,  pentaerythritol  and 
PVC paste resin, the exporters were only given a couple of days to react to the disclosure of 
the essential facts and thus could hardly, if at all, defending their interest.  

In  this  context,  the  Commission  formally  requested  the  Designated  Authority  to  ensure  an 
effective  right  of  defence  to  interested  parties  in  anti-dumping  investigations  after  the 
issuance  of  the  general  disclosure  statement,  and  to  grant  at  least  10  calendar  days  for 
comments.  Unfortunately  so  far,  these  requests  do  not  seem  to  have  changed  the  Indian 
practice,  and  the  Commission  intends  to  maintain  its  efforts  to  ensure  adequate  right  of 
defence to EU exporters. 

4. 

TURKEY 

4.1. 

Overall trends  

Turkey  remains  a  very  active  user  of  trade  defence  instruments,  including  against  the  EU. 
Two  new  anti-dumping  investigations  were  initiated  in  2012,  and  various  measures  were 
extended beyond their initial period of application. This concerned one anti-dumping measure 
and several safeguard measures. Turkey has indeed continued to almost systematically extend 
its  existing  safeguard  measures  beyond  their  initial  period  of  application.  This  was  the  case 
for five safeguards in 2012 (two of them already in force since 2006). It should however be 
mentioned that one safeguard measure extended in 2012 was terminated some months later. 

4.2.  Main cases 

The  two  new  anti-dumping  cases  (electric  water  heaters  and  float  glass)  were  initiated  in 
March  and  November,  respectively.  The  Commission  is  assisting  the  EU  exporters  targeted 
by these cases and follows closely both investigations, in particular because these are the first 
anti-dumping cases initiated by Turkey against the EU (or its Member States) in the last years. 
Up to now, Turkey was indeed rather using the safeguard instrument. 

In  2012  Turkey  decided  to  extend  five  safeguard  measures  in  place  on  imports  of 
motorcycles,  footwear,  matches,  electrical  appliances  and  cotton  yarn.  For  the  first  two 
measures  it  was  the  second  extension.  The  Commission  has  strongly  opposed  the  systemic 
extension  of  these  measures  beyond  their  first  period  of  validity  due  to  serious  flaws  and 
insufficient legal justification. The Commission has raised its concerns in various occasions at 
technical  and  political  level,  unfortunately  without  success.  Although  the  impact  of  these 
measures is not always very important for the EU, it was highlighted to Turkey that the need 
to maintain safeguard measures in force for such a long time is difficult to justify. 

It should be noted that concerning the measure on cotton yarn, despite a decision to maintain 
these measures in place for another 3 years period in 2012, Turkey decided a few months later 
to terminate the case.  

5. 

LATIN AMERICA 

5.1. 

Overall trends 

The trade defence activity in Latin America showed a stable trend with relatively low activity, 
similar to 2011.  

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5.2.  Main cases 

a) Argentina 

In  April  2012  definitive  anti-dumping  measures  were  imposed  on  imports  of  coated  paper 
from  Austria  and  Finland  (initiation  in  December  2010).  The  Commission  raised  some 
weaknesses  at  initiation  stage  and  in  another  submission  following  the  preliminary  report, 
notably in relation to questions of injury and causal link. 

b) Brazil  

Brazil  has  initiated  3  new  investigations  in  2012  (2  anti-dumping  and  1  safeguard)  and 
imposed 1 definitive anti-dumping measure (provisional measures already imposed in 2011. 

The new anti-dumping investigations concerns imports of laminated steel from Germany and 
Finland (initiated in April 2012) for which the economic interest is very small, and imports of 
ethanolamines from Germany (initiated in May 2012). For the latter, the economic interest is 
around € 4 million and the Commission, in cooper ation with the industry, made a submission 
at initiation stage, highlighting the importance of an in-depth injury and causal link analysis. 
The Commission will continue to closely monitor this case. 

The  safeguard  investigation  concerned  imports  of  wine.  Italy,  Portugal,  France  and  Spain 
were  concerned  by  this  investigation  (around  €  80  million  exports  in  2011,  but  in  an 
expanding market). The Commissions had identified major weaknesses in this case: imports 
actually  decreased  in  the  most  recent  year,  the definition  of  the  Brazilian  domestic  industry 
was flawed (producers representing only 10 to 15% of the overall production were taken into 
account)  and  there  appeared  to  be  other  causes  of  injury.  The  Commission,  together  with 
Member  States  and  EU  industry  representatives,  actively  intervened  in  this  case,  which 
resulted in the termination of the investigation without measures. This was a real success (see 
achievements in the report).  

In  April  2012  definitive  anti-dumping  measures  were  imposed  on  imports  of  light  weighed 
coated paper from BE, DE, FI and SE. In February the Commission in cooperation with the 
industry made a submission pointing to the flawed causal link analysis.  

the  anti-dumping 

imports  of  methylene  diphenyl 
Finally, 
disocyanate (initiated in in June 2011) was terminated against imports from Belgium in May 
2012, due to the fact that import volumes were considered negligible.  

investigation  regarding 

c) Peru 

Peru has imposed definitive countervailing measures against imports of olive oil from Spain 
and  Italy  in  December  2010.  Following  the  imposition  of  these  measures,  the  Commission 
and  the  EU  Member  States  have  started  an  administrative  appeal  procedure  in  accordance 
with  Peruvian  domestic  law,  in  order  to  try  to  obtain  the  annulment  of  the  measures.  The 
Commission,  with  the  involvement  of  the  Delegation  and  a  local  lawyer,  has  intervened  at 
various levels. Written submissions have been filed with the local authorities, a first hearing 
took  place  in  November  2011  and  a  final  decision  was  expected  before  the  end  of  2011. 
However,  in  the  meantime  the  members  of  the  INDECOPI  tribunal,  the  relevant  authority, 
have  been  replaced  and  3  further  hearings  took  place  (in  July  and  November  2012  and  in 
January  2013).  Representatives  of  the  Commission  and  Member  States  participated  in  all 
these hearings underlining the importance of the case and also expressing the EU's growing 
disappointment about this proceeding given the weaknesses identified and the timing issues. 
Once more a final decision has been announced and should be expected in 2013.  

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6. 

UKRAINE 

6.1. 

Overall trends 

The activity in Ukraine has been relatively quiet, in particular in comparison with the previous 
years.  Two  investigations  initiated  in  2011  were  concluded  (see  below)  but  no  new 
investigation was initiated. 

6.2.  Main cases 

Ukraine  initiated  in  2011  a  safeguard  case  on  cars  which  was  very  sensitive  for  the  EU 
interests.  The  investigation  was  opened  in  July  2011  and  the  Commission  was  very  active 
during the proceeding to avoid the imposition of measures on a sector that represented € 300 
million  Euros  of  economic  interest  in  2010.  In  April  2012,  a  document  containing  the 
definitive findings was disclosed. The documents proposed safeguard measures (ranging from 
6 to 15%) for three years. The Commission requested consultations and managed to avoid the 
measures which should have been adopted at the latest on 22 June 2012 (i.e. 330 days after 
initiation  of  the  investigation).  Unfortunately,  and  very  surprisingly,  Ukraine  decided  to 
impose  the  measures  in  March  2013,  i.e.  almost  a  year  after  the  conclusion  of  the 
investigation.  The  Commission  is  currently  considering  the  best  way  to  react  to  this 
imposition. 

In April 2011 Ukraine opened an anti-dumping investigation on float-glass. The investigation 
was  terminated  in  April  2012  with  the  imposition  to  Bulgarian  and  Polish  producers  of 
definitive anti-dumping duties for five years ranging from 12.5% to 28.52%.  

7. 

RUSSIA, KAZAKHSTAN, BELARUS  

7.1. 

Overall trends 

Russia,  Kazakhstan  and  Belarus  form  a  Customs  Union  (CU)  since  1  January  2010.  In 
January  2012  the  Common  Economic  Space  Agreements  entered  into  force.  On  1  February 
2012 the Eurasian Economic Commission (EAEC), the legal successor of the Commission of 
the  Customs  Union,  started  its  activity.  As  of  16  April  2012,  all  investigations  are  initiated 
and conducted by the Department for Internal Market Defense (DIMD) of the EAEC. On 16 
May  2016,  the  Board  of  the  Eurasian  Economic  Commission  adopted  Decision  n°44 
providing for the transfer of all pending investigations from national authorities to the DIMD 
by 6 July 2012. 

In  addition,  Russia  acceded  to  the  World  Trade  Organisation  as  its  156th  member  on  22 
August  2012.  Hence,  the  Treaty  of  19  May  2011  of  the  Functioning  of  the  CU  in  the 
framework of the Multilateral Trade System entered into force.  

As  regards  the  initiation  of  new  cases,  the  EAEC  was  very  active  initiating  new  safeguard 
investigations. Three new investigations were initiated from July 2012 as well as a review of 
the  existing  safeguard  measure  on  imports  of  caramel.  In  addition,  the  EAEC  terminated 
without the imposition of any measure the safeguard investigation on graphite electrodes and 
is still investigating in the framework of the anti-dumping case on light commercial vehicles. 

The  Commission  insists  that  the  investigations  carried  out  by  EAEC  fully  respect  WTO 
obligations as one of the members of the Customs Union, Russia, committed to comply with 
WTO rules when transferring its competencies.  

7.2.  Main cases  

a) Ex-officio review investigation of safeguard measures on stainless steel pipes 

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9 

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Russia decided on 31 August 2011 to launch this investigation on its own initiative in order to 
decide if measures should be abolished, modified or continue to be applied. The investigation 
was extended to the CU. On 23 August 2012 the EAEC published its decision to change the 
existing ad valorem duty into a quota until November 2014. In the framework of the repeated 
investigation the Commission intervened to reiterate its position in support of liberalizing the 
measure in accordance with WTO obligations. Moreover, some difficulties were identified in 
the  implementation  of  the  quota  by  the  Russian  national  authorities,  as  trade  was  simply 
blocked  in  the  absence  of  any  rules  regarding  the  implementation  of  the  measures.  The 
Commission  immediately  intervened  to  revert  the  situation  and  the  information  received 
seems to show that trade has been re-established. 

b) Safeguard investigation on graphite electrodes 

This investigation was initiated on 31 August 2011 by Russia, transferred to the EAEC and 
terminated  on  30  August  2012  without  the  imposition  of  any  safeguard  measure.  The 
Commission actively participated in the proceeding and highlighted certain legal weaknesses. 
The investigation concluded that it was not possible to prove the causal link and the EAEC 
authorities decided instead to initiate an anti-dumping investigation on imports of electrodes 
from India.  

c) Safeguard investigations on combine harvesters, porcelain tableware and woven fabrics 

On 6 July 2012, the EAEC authorities initiated a case on imports of combine harvesters and 
modules. The Commission actively participated monitoring the developments of this case and 
was in contact with the EU industry. On 26 December 2012, the EAEC notified its provisional 
disclosure  and  its  intention  to  impose  provisional  safeguard  duties  as  of  25  February  2013. 
The Commission is actively participating in order to mitigate the effects of the measure and 
closely monitoring the definitive outcome of this investigation.  

Two  other  safeguard  investigations  were  also  initiated:  porcelain  tableware  (31  August 
2012)  and  woven  fabrics  (October  2012).  The  Commission  is  actively  monitoring  the 
developments  in  both  cases  and  oppose  any  imposition  of  safeguard  measures  that  do  not 
comply with WTO standards. 

d) Anti-dumping investigation on light commercial vehicles 

This investigation was initiated on 16 November 2011 and investigation was extended  until 
the legal limit, i.e. 16 May 2013. The Commission has actively participated and will continue 
to actively monitor the developments of this case. 

8. 

ISRAEL 

8.1. 

Overall trends 

The activity of Israel in the area of trade defence slightly decreased in 2012 compared to the 
previous  years.  Israel  opened  only  one  new  anti-dumping  investigation  and  terminated  two 
anti-dumping  and  one  safeguard  investigation  without  imposing  definitive  measures. 
Unfortunately,  the  new  investigation  continues  the  low  standards  of  initiation  that  were 
already contested by the Commission in the previous years. 

8.2.  Main cases 

For the animal food mixers case the Commission was given the possibility to comment on 
the  definitive  findings.  Despite  the  fact  that  the  authorities  proposed  the  imposition  of 
definitive measures, following the comments of the Commission it was decided not to impose 
definitive measures. Concerning MDF boards, following an investigation which went below 

EN 

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the 18 months WTO deadline, finally the Israeli authorities decided not to impose definitive 
measures. The safeguard investigation concerning glass wool and rock wool was suspended 
as despite the fact that definitive measures were proposed in December 2011, in the course of 
the internal procedure for approval the decision was blocked as one of the Ministries opposed. 
Meanwhile, deadlines for adoption of measures expired.  

The new anti-dumping investigation on bituminous membranes was initiated in December. 
This is the second investigation on the same product in a very short timeframe (the first was 
initiated in 2009 and terminated without measures in 2011). As already mentioned above and 
as  also  emphasised  in  the  Commission's  submission,  the  initiation  fails  to  respect  important 
WTO  requirements  such  as  Israel  did  not  provide  a  meaningful  non-confidential  version  of 
the complaint, insufficient analyses of casualty. 

9. 

SOUTH AFRICA 

9.1. 

Overall trends 

South  Africa  is  not  a  regular  user  of  the  trade  defence  instruments.  The  most  recent 
introduction of measures concerning EU exports took place in 2009 (anti-dumping on tall oil 
fatty acid). However, in 2012 South Africa initiated a new safeguard investigation. 

9.2.  Main cases 

The safeguard investigation initiated in 2012 concerns frozen potato chips. The EU industry 
and also the authorities of the Member States concerned (Belgium and The Netherlands) are 
very active in the case. Following the written submission of the Commission the shortcomings 
identified were further detailed in a meeting with the South African authorities (no surge of 
imports,  insufficient  data  on  injury  and  lack  of  causal  link).  Following  the  Commission's 
intervention the South African authorities fulfilled their notification - obligation to the WTO 
concerning the initiation of the investigation, though with a remarkable delay.  

10. 

MOROCCO 

10.1.  Overall trends 

After  having  no  investigations  opened  and  no  measures  in  force  in  2011,  in  2012  Morocco 
became a relatively active user of the instrument against the EU since the end of 2012: one 
safeguard was initiated in 2012 and, in January 2013 another safeguard as well as one anti-
dumping investigation were initiated. The EU exporters showed high interest in these cases. 

10.2.  Main cases 

The  safeguard  investigation  on  Bars  and  rods  concerned  mainly  two  Member  States  (Spain 
and  Portugal).  The  EU  submitted  its  written  comments  on  the  concerns  regarding  the 
initiation of the case, namely that the allegation of increased imports was based only on a very 
limited period, serious injury must be demonstrated and the causal link is not well analysed.  

11. 

EGYPT 

11.1.  Overall trends 

In the last years Egypt was not an active user of the trade defence instruments, with only one 
anti-dumping measure in force and one safeguard investigation on-going at the end of 2011. 
However, in 2012 Egypt initiated 4 safeguard measures and concluded the on-going safeguard 
investigation. It now seems to be a general practice of Egypt to introduce provisional measure 
together with the initiation of the investigation.  

EN 

11 

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11.2.  Main cases 

Two  of  the  4  safeguard  cases  (cotton  textile  and  polypropylene)  were  terminated  without 
measures.  In  the  investigation  on  cotton  yarn  initiated  in  2011  definitive  measures  were 
imposed.  The  Commission  intervened  by  highlighting  systemic  weaknesses  but  the  EU 
exporters  were  not  interested  in  the  case.  Two  safeguard  investigations  (steel  rebars  and 
white and raw sugar) are still on-going and provisional measures were imposed at initiation. 
On  the  sugar  case  the  Commission  made  its  written  submission  focusing  on  the  systemic 
weaknesses and also on case specific issues (e.g. product scope and type of the measures.) 

12. 

AUSTRALIA 

12.1.  Overall trends 

Australia's  trade  defence  actions  against  EU  exports  have  been  very  limited  over  the  recent 
years.  There  are  two  anti-dumping  measures  in  force  since  2009  (geosynthetic  clay  liners 
against Germany and processed dried currants against Greece). No new investigations have 
been initiated by Australia in 2012.  

A  number  of  initiatives  were  taken  by  the  Australian  government  in  2012  to  strengthen 
Australia's anti-dumping system in close cooperation with the Commission. These include the 
passage  of  the  Government’s  anti-dumping  legislation  through  Parliament  and  the 
announcement of the establishment a new Anti-Dumping Commission based in Melbourne to 
investigate complaints. A report into Australia’s anti-dumping and countervailing system was 
released and a new International Trade Remedies Advisory Service for SMEs was established.  

12.2.  Main cases 

Concerning  the  anti-dumping  investigation  against  imports  of  structural  timber  mentioned 
in  last  year's  report,  the  Customs  concluded  that,  with  one  exception,  negative  dumping 
margins  were  found  for  EU  exporters.  Given  the  fact  that  this  company  accounted  for  less 
than 2% of the market, the conclusion was that the injury, if any, to the Australian industry 
that has been or may be caused by that dumping is negligible. The outcome was to terminate 
in April 2012.  

On 24 October, the Australian Customs and Border Protection Service announced that it had 
initiated  a  review  of  the  anti-dumping  measures  in  respect  of  processed  dried  currants 
exported from Greece after a request was made by an importer. It appears the reasons for the 
review  are  based  on  the  applicant’s  demonstration  of  changes  in  the  export  price,  normal 
value and non-injurious price. A statement of the essential facts will be placed on the public 
record  by  28  January  2013.  A  report  and  recommendation  to  the  Minister  in  relation  to  the 
review of measures will be made on or before 5 March 2013. 

13. 

NEW ZEALAND 

No new investigations were initiated by New Zealand in 2012. Anti-dumping duties against 
canned peaches from Greece and Spain are still in force respectively since 1997 (last review 
is  dated  2008)  and  2011.  In  2012,  New  Zealand  terminated  the  anti-dumping  investigation 
against  preserved  tomatoes  from  Italy,  because  no  injury  was  caused  to  the  local  industry, 
due to the insufficient information showing material injury.  

14. 

JORDAN 

After  no  investigation  initiated  and  no  new  measures  imposed  in  2011,  in  2012  Jordan 
initiated one safeguard investigation on steel bars and rods. There was no interest from the 

EN 

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EU  exporters.  Nevertheless,  as  systematic  problems  were  noticed  at  initiation,  the 
Commission  submitted  its  comments  to  the  relevant  authorities.  The  investigation  is  not 
concluded yet.  

15. 

INDONESIA 

After  5  new  safeguard  investigations  initiated  in  2010  and  4  new  safeguard  investigations 
initiated  in  2011,  Indonesia  continued  this  trend  of  extensively  using  the  safeguard 
instrument.  During  2012,  Indonesia  initiated  5  new  safeguard  investigations  on  different 
products from different sectors: certain finished casing and tubing; mackerel, wheat flour, 
D-glusitol  (sorbitol),  kilowatt  hour  meters.  Indonesia  also  imposed  definitive  safeguard 
duties on iron or steel wire and on wheat flour.  

While these investigations have not affected EU exports to a significant economic extent apart 
from one investigation recently initiated (D-glusitol), the Commission unfortunately notes that 
the systemic problems singled out since this new wave of proceedings initiated two years ago 
still seem to be present. The Commission has expressed several times its strong reservations 
on the WTO compatibility of these proceedings in the context of the proceedings but also in 
the context of the discussions at the WTO Safeguards Committee. Similar reservations have 
been expressed in both contexts by a number of WTO members. It still seems that Indonesia 
is suffering from a persistent flood of cheap imports from a few countries mainly in Asia due 
to the implementation of the Free Trade Agreements concluded as ASEAN Member. In some 
cases it even seems that the increase in imports is very limited and not very close to the date 
of  initiation  of  these  proceedings.  In  these  circumstances,  the  Commission  has  highlighted 
that the erga omnes safeguard instrument affecting all the imports from all countries is not the 
appropriate trade defence instrument, but the Indonesian authorities should use another more 
appropriate instrument targeting specifically the source of the problems faced by the domestic 
industry. 

The  Commission  will  continue  to  monitor  closely  these  Indonesian  safeguard  proceedings 
during 2013 and will intervene at technical and bilateral level with the Indonesian authorities 
to bring forward its concerns and hopefully seek legally sound solutions. 

EN 

13 

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ANNEX II – Measures in force at the end of 2010, 2011 and 2012 

Measures in force at the end of 2010, 2011 and 2012. 

Country 

AD 

CVD 

SG 

TOTAL 

2010  2011  2012 2010 2011 2012 2010 2011  2012  2010 2011 2012

Argentina 

Australia 

Belarus 

Brazil 

Canada 

Chile 

China 

Croatia 

Dominican 
Republic 

Ecuador 

Egypt 

India 

Indonesia 

Israel 

Japan 

Jordan 

Kazakhstan 

Korea 

Mexico 

Moldova 

New Zealand 

Pakistan 

Peru 

Philippines 

Russia 

South Africa 

Thailand 

Turkey 

Ukraine 

USA 

TOTAL 

5 

3 

0 

9 

2 

0 

5 

3 

0 

5 

3 

0 

11 

10 

2 

0 

2 

0 

14 

14 

15 

0 

0 

0 

0 

0 

0 

0 

1 

0 

0 

0 

1 

12 

14 

19 

0 

2 

1 

0 

0 

0 

5 

0 

2 

3 

1 

0 

0 

2 

3 

3 

1 

0 

3 

1 

0 

0 

1 

5 

0 

1 

4 

0 

0 

0 

2 

3 

3 

1 

0 

0 

1 

0 

0 

1 

4 

0 

2 

4 

0 

0 

0 

2 

3 

3 

2 

21 

89 

20 

94 

17 

94 

0 

1 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

3 

4 

0 

1 

0 

0 

0 

0 

1 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

1 

0 

0 

0 

0 

0 

0 

3 

6 

0 

0 

0 

0 

1 

0 

1 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

1 

0 

0 

0 

0 

0 

0 

1 

4 

0 

0 

1 

0 

0 

1 

0 

0 

2 

1 

1 

1 

2 

0 

0 

1 

1 

0 

0 

1 

0 

0 

0 

3 

3 

0 

0 

0 

0 

5 

1 

0 

0 

0 

0 

2 

1 

0 

1 

8 

0 

0 

0 

6 

0 

0 

1 

0 

0 

0 

3 

5 

0 

1 

10 

10 

2 

0 

2 

0 

0 

0 

4 

0 

0 

1 

0 

0 

1 

1 

3 

2 

8 

0 

0 

0 

5 

0 

0 

0 

0 

0 

0 

1 

5 

0 

1 

7 

1 

0 

5 

4 

1 

9 

2 

1 

5 

4 

5 

5 

3 

4 

12 

10 

2 

0 

3 

1 

14 

15 

16 

0 

2 

1 

1 

0 

2 

1 

1 

0 

1 

1 

4 

13 

15 

21 

2 

2 

1 

1 

1 

0 

5 

1 

2 

3 

1 

3 

3 

2 

3 

8 

3 

1 

0 

6 

1 

5 

1 

1 

4 

1 

3 

5 

2 

4 

8 

0 

1 

0 

5 

1 

4 

0 

2 

4 

1 

1 

5 

2 

4 

13 

3 

24 

13 

3 

23 

10 

3 

18 

30 

46 

40 

123 

146 

138 

EN 

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ANNEX III – Detail of Measures in Force 

Measures in Force 

At 2012-Dec-31 

Country 

Product 

Instrument 

Type Of 
Measure 

Date Of 
Imposition 

Exporting 
MS 

Hot-rolled steel (HRS) 

Argentina 

Argentina 

petrol extraction 
pumps 

Argentina 

Electrical terminals 

Argentina 

Argentina 

Australia 

Australia 

Australia 

Belarus 

Belarus 

straight handsaw 
blades 

Coated paper 

Polyethylene high 
density 

Geosynthetic clay 
liners 

Processed dried 
currants 

Caramel 

Stainless steel pipes 

Fibreglass 

Belarus 

Belarus 

Brazil 

Brazil 

Brazil 

Brazil 

Brazil 

Brazil 

metal bolts, nuts, 
springs 

Milk powder 

Indigo Blue 

Glazed paper 

glassine/glazed 
papers  

Phenol 

Lightweight paper 

AD 

Definitive 

2002-Apr-30 

Slovakia, 
Romania 

Romania 

AD 

AD 

Definitive 

2009-Nov-23 

Definitive 

2009-Apr-02 

Germany 

AD 

Definitive 

2008-Feb-21 

AD 

Definitive 

2012-Apr-21 

AD 

Definitive 

2003-Dec-05 

AD 

Definitive 

2009-Oct-09 

AD 

SG 

SG 

Definitive 

2008-Nov-17 

Definitive 

2011-Jul-08 

Definitive 

2011-Jun-22 

SG 

Definitive 

2010-Feb-04 

SG 

Definitive 

2011-Jun-22 

Sweden 

Austria, 
Finland 

Sweden 

Germany 

Greece 

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

Denmark, 
Ireland 

AD 

AD 

Definitive 

2001-Feb-23 

Definitive 

2008-Mar-24 

Germany 

AD 

Definitive 

2011-Oct-06 

AD 

Definitive 

2008-Oct-22 

AD 

Definitive 

2002-Oct-16 

AD 

Definitive 

2012-Apr-23 

France, 
Italy, 
Hungary 

Finland 

Belgium, 
Germany 

Belgium, 
Germany, 
Finland, 
Sweden 

EN 

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   EN 

 
  
  
  
  
  
  
  
  
  
Brazil 

Seamless steel pipes  

AD 

Definitive 

2005-Oct-07 

Belgium, 
Germany, 
Spain 

AD 

AD 

AD 

Definitive 

2008-Apr-08 

Definitive 

2009-Dec-16 

Austria 

Definitive 

2009-Apr-08 

Austria 

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

Viscose Yarn 

Viscose Fibres 

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

Refined sugar 

Bell peppers 

Brazil 

Brazil 

Brazil 

Canada 

Canada 

Canada 

Chile 

Broken maize 

Polyamide-6,6 

China 

China 

China 

China 

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

Potato Starch 

Photographic paper 

Caprolactam 

AD 

Definitive 

2004-Jan-09 

CVD 

Definitive 

1995-Nov-06 

AD 

SG 

Definitive 

2010-Oct-19 

Provisional 2012-Apr-27 

AD 

Definitive 

2009-Oct-12 

AD 

Definitive 

2011-Jan-23 

AD 

Definitive 

2007-Feb-06 

AD 

Definitive 

2012-Mar-23 

China 

AD 

Definitive 

2011-Sep-22 

Optical fiber 

China 

AD 

Definitive 

2011-Apr-22 

Certain iron or steel 
fasteners 

China 

AD 

Definitive 

2010-Jun-29 

Czech 
Republic, 
Bulgaria, 
Romania 

European 
Union  

Netherland
s 

France, 
Italy, United 
Kingdom 

Germany, 
Netherland
s, Finland, 
United 
Kingdom 

Germany, 
France, 
Netherland
s 

Netherland
s, United 
Kingdom 

Czech 
Republic, 
Germany, 
Spain, 
Netherland
s, Poland 

Denmark, 
Germany, 
France, 
Italy, 
Netherland
s 

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

EN 

16 

   EN 

 
  
  
Polyamide-6 (PA6) 

Adipic acid 

Ethylene Glycol 
Monobutyl Ether  

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

Chloroform - 
Trichloromethane 

Potato Starch 

AD 

Definitive 

2010-Apr-22 

AD 

Definitive 

2009-Nov-02 

AD 

Provisional 2012-Jul-28 

AD 

Provisional 2012-May-08 

AD 

Definitive 

2004-Nov-30 

CVD 

Definitive 

2011-Sep-17 

Belgium, 
Germany, 
Italy, 
Netherland
s, Poland 

Germany, 
France, 
Italy 

Germany, 
France, 
Sweden 

Germany, 
France, 
United 
Kingdom 

Germany, 
France, 
Netherland
s 

Hydrazine Hydrate 

AD 

Definitive 

2005-Jun-17 

France 

Catechol 

Chloroprene Rubber 

AD 

Definitive 

2003-Aug-27 

AD 

Definitive 

2005-May-10 

France, 
Italy 

Germany, 
France, 
European 
Union  

China 

China 

China 

China 

China 

China 

China 

China 

China 

Dominican 
Republic 

Certain sports and 
other socks 

Ecuador 

Windshields 

Egypt 

Egypt 

Egypt 

Egypt 

India 

India 

India 

India 

India 

India 

PET containers 

Cotton Textile 

Cotton Yarn 

Raw and white sugar 

Caustic soda 

Caustic soda 

Certain Rubber 
Chemicals 

Pentaerythritol 

Phenol 

Potassium carbonate 

EN 

SG 

SG 

AD 

SG 

SG 

SG 

AD 

Definitive 

2010-Dec-06 

Definitive 

2010-Nov-01 

Definitive 

2011-Jun-14 

Italy 

Provisional 2012-Feb-29 

Definitive 

2012-Jul-23 

Provisional 2012-Dec-02 

Definitive 

2001-Jun-26 

France 

AD 

Definitive 

2003-Oct-01 

Belgium, 
Italy 

Belgium, 
Germany, 
Italy 

AD 

AD 

AD 

AD 

17 

Definitive 

2005-Nov-20 

Definitive 

2006-Apr-20 

Sweden 

Definitive 

2003-Mar-24 

European 
Union  

Definitive 

2004-Feb-20 

European 

   EN 

 
  
  
  
  
  
  
PVC paste resin 

Sodium hydrosulphite 

AD 

AD 

Definitive 

2004-Oct-07 

Spain, Italy 

Definitive 

2003-Dec-03 

Germany 

Union  

India 

India 

India 

India 

India 

India 

India 

India 

India 

India 

India 

India 

India 

India 

India 

Indonesia 

Indonesia 

Sodium nitrite 

Acetone 

Hydrogen Peroxyde 

Cold-Rolled Flat 
Products of Stainless 
Steel  

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

Morpholine 

Aniline 

Hot Rolled Flat Steel 

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

Melamine 

Pentaerythritol 

Soda Ash 

Phtalic Anhydride 

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

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

Indonesia 

Iron or Steel Wire 

Indonesia 

Wheat Flour 

Indonesia 

Woven fabrics of 
cotton  

European 
Union  

Belgium, 
Spain, Italy 

Belgium, 
Spain, 
France, 
Italy, 
Netherland
s, Finland, 
Sweden, 
United 
Kingdom 

Belgium, 
Germany, 
Italy, 
Finland, 
Sweden 

Belgium, 
Germany, 
Slovenia, 
Finland 

Belgium, 
Germany, 
Netherland
s 

Bulgaria, 
Romania 

AD 

Definitive 

2002-Nov-29 

AD 

AD 

Definitive 

2008-Mar-11 

Definitive 

2008-Sep-04 

AD 

Definitive 

2010-Feb-20 

AD 

AD 

AD 

Definitive 

2012-Oct-04 

Definitive 

2012-Jan-24 

Definitive 

2012-May-29 

AD 

Definitive 

2011-Oct-11 

SG 

AD 

AD 

AD 

SG 

Definitive 

2011-Jun-06 

Definitive 

2012-Jun-01 

Definitive 

2012-Jun-20 

Definitive 

2012-Feb-17 

Definitive 

2012-Apr-13 

SG 

Definitive 

2011-Mar-23 

SG 

SG 

SG 

Definitive 

2011-Mar-23 

Definitive 

2012-Nov-20 

Provisional 2012-Dec-05 

SG 

Definitive 

2011-Mar-23 

EN 

18 

   EN 

 
  
  
  
  
  
  
  
  
  
  
  
Indonesia 

Cotton yarn other than 
sewing thread  

SG 

Provisional 2011-Feb-09 

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

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

Electrolytic 
Manganese Dioxide 

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

Indonesia 

Indonesia 

Japan 

Kazakhstan 

SG 

Definitive 

2011-Mar-23 

SG 

Definitive 

2011-Mar-23 

AD 

Definitive 

2008-Aug-29 

SG 

Definitive 

2011-Sep-26 

Germany 

Spain 

Germany, 
Italy 

Kazakhstan 

metal bolts, nuts, 
springs 

Kazakhstan  Stainless steel pipes 

Confectionery 

Kazakhstan 

Kazakhstan  Caramel 

Korea/South  Stainless steel bar 

SG 

SG 

SG 

SG 

AD 

carbon steel tubes 
with longitudinal 
straight seam 

Carbon steel plate in 
sheets 

Cold-rolled sheet 

Sorbitol UPS grade 

Preserved peaches 

Canned peaches 

Mexico 

Mexico 

Mexico 

Mexico 

New 
Zealand 

New 
Zealand 

Pakistan 

Sorbitol 70% solution 

Formic acid 

Pakistan 

Pakistan 

Hydrogen Peroxide 

Tinplate (secondary 
quality) 

Definitive 

2011-Jun-22 

Definitive 

2011-Jun-22 

Definitive 

2011-Sep-26 

Definitive 

2011-Jul-08 

Germany, 
Netherland
s, Poland 

Definitive 

2004-Jul-30 

Spain 

United 
Kingdom 

AD 

Definitive 

2010-Jan-06 

AD 

AD 

AD 

Definitive 

2005-Sep-22 

Definitive 

2005-Dec-12 

Definitive 

1990-Sep-27 

France 

AD 

Definitive 

2011-Aug-04 

AD 

AD 

AD 

AD 

Greece 

Definitive 

1998-Mar-09 

Definitive 

2003-Nov-19 

France 

Definitive 

2006-Jul-07 

Germany, 
Finland 

Definitive 

2011-Jul-15 

Belgium 

Belgium, 
Germany, 
France, 
Netherland
s 

Pakistan 

AD 

Definitive 

2009-Nov-16 

Peru 

Olive oil 

CVD 

Definitive 

2010-Dec-05 

Spain, Italy 

EN 

19 

   EN 

 
  
  
  
  
  
  
  
  
Testliner board 

Philippines 

SG 

Definitive 

2010-Sep-16 

Stainless steel pipes 

Russia 

Russia 

Russia 

Steel pipes (for oil and 
gas industry) 

Caramel 

Activated carbon 
(coal) 

SG 

Definitive 

2009-Nov-01 

SG 

Definitive 

2010-Dec-15 

SG 

Definitive 

2011-Jul-08 

Russia 

SG 

Definitive 

2011-Sep-08 

metal bolts, nuts, 
springs 

Russia 

South Africa  Tall Oil Fatty Acid 

SG 

AD 

Ropes & cables of iron 
or steel 

Definitive 

2011-Mar-18 

Definitive 

2009-Jun-05 

Sweden 

South Africa 

AD 

Definitive 

2002-Aug-28 

Thailand 

Thailand 

Thailand 

Glass Block 

Glass Block 

Hot-rolled flat in coils 
and not in coils 

Cold-rolled flat 
stainless steel 

AD 

Definitive 

2009-Jan-15 

SG 

Definitive 

2011-Aug-18 

AD 

Definitive 

2003-May-27 

Thailand 

AD 

Definitive 

2003-Mar-13 

Turkey 

Turkey 

Turkey 

Frames and 
mountings for 
spectacles 

Motorcycles 

Dioctyl ftalat (dioctyl 
orthophtalats) 

Travel goods, 
handbags and similar 
containers 

SG 

SG 

Definitive 

2008-Mar-05 

Definitive 

2007-Mar-02 

Spain, Italy 

AD 

Definitive 

2011-Nov-29 

Belgium, 
Germany 

Germany, 
Italy, 
Netherland
s, Poland, 
Finland, 
Sweden 

Germany, 
Italy 

Germany, 
Netherland
s, Poland 

Germany, 
France, 
Netherland
s, United 
Kingdom 

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

Germany, 
United 
Kingdom 

Czech 
Republic 

Czech 
Republic 

Slovakia 

Belgium, 
Denmark, 
Spain, Italy, 
Finland, 
Sweden 

Italy 

Belgium, 
Germany, 
Spain, 
France, 
Italy, 
Netherland

Turkey 

SG 

Definitive 

2008-Mar-07 

EN 

20 

   EN 

 
  
s, United 
Kingdom 

Germany, 
Greece, 
Spain, 
Slovenia 

Germany, 
Poland 

Belgium, 
France 

Belgium, 
Germany, 
Greece, 
Italy, 
Hungary, 
Netherland
s, Finland, 
Romania 

Greece, 
Spain, Italy 

Austria, 
Poland, 
Slovakia, 
Romania 

Germany, 
Spain, 
United 
Kingdom 

Italy 

France 

Germany 

Turkey 

Turkey 

Turkey 

Turkey 

Turkey 

Turkey 

Footwear 

Matches 

SG 

Definitive 

2006-Aug-10 

SG 

Definitive 

2009-Dec-23 

Certain electrical 
appliances 

Mono-ethylene-glycol 

Polyvinyl chloride 
(PVC) 

SG 

AD 

Definitive 

2012-May-19 

Definitive 

2010-May-02 

Bulgaria 

AD 

Definitive 

2003-Feb-06 

SG 

Definitive 

2011-Nov-07 

Polyethylene 
terephthalate 

Steel Seamless 
Casing and Lifting 
Pipes 

Ukraine 

SG 

Definitive 

2008-Oct-01 

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

Syringes 

Granular 
polytetrafluoroethylene 
resin 

Brass sheet & strip 

Brass sheet & strip 

Ukraine 

Ukraine 

United 
States 

United 
States 

United 
States 

United States  Brass sheet & strip 

United States 

Chlorinated 
isocyanurates 

United States  Sodium Nitrite 

United States 

Certain Lightweight 
Thermal Paper  

United States 

Stainless steel butt-weld 
pipe fittings 

United States  Stainless steel plates in 

AD 

Definitive 

2012-Apr-28 

AD 

Definitive 

2009-Nov-04 

AD 

Definitive 

1988-Aug-30 

AD 

Definitive 

1987-Mar-06 

AD 

AD 

AD 

AD 

AD 

AD 

AD 

Definitive 

1987-Mar-06 

Definitive 

1987-Mar-06 

Italy 

Definitive 

2005-Jun-24 

Spain 

Definitive 

2008-Aug-27 

Germany 

Definitive 

2008-Nov-10 

Germany 

Italy 

Definitive 

2001-Feb-23 

Definitive 

1999-May-21 

Belgium 

EN 

21 

   EN 

 
  
coils 

Steel concrete 
reinforcing bars 

Steel concrete 
reinforcing bars 

United States 

United States 

United States  Low enriched uranium 

United States 

Pressure sensitive 
plastic tape 

United States  Pasta 

United States  Pasta 

United States 

United States 

Purified 
Carboxymethylcellulose 
(CMC) 

Purified 
Carboxymethylcellulose 
(CMC) 

United States  Stainless steel bar 

United States 

Corrosion-resistant 
carbon steel flat products 

United States  Stainless steel wire rod 

United States  Stainless steel wire rod 

United States  Seamless pipe 

United States 

Seamless pipe small 
diameter 

AD 

AD 

AD 

AD 

AD 

Definitive 

2001-Sep-07 

Latvia 

Poland 

Definitive 

2001-Sep-07 

Definitive 

2002-Feb-13 

France 

Definitive 

2001-May-14 

Definitive 

1996-Jul-24 

CVD 

Definitive 

1996-Jul-24 

AD 

Definitive 

2005-Jul-11 

Italy 

Italy 

Italy 

Finland 

Netherlands 

AD 

AD 

AD 

AD 

AD 

AD 

AD 

Definitive 

2005-Jul-11 

Definitive 

1995-Mar-02 

Spain 

Germany 

Definitive 

1993-Aug-19 

Definitive 

2007-Aug-26 

Spain 

Definitive 

2007-Aug-26 

Italy 

Definitive 

1997-Mar-04 

Germany 

Definitive 

2000-Aug-10 

Romania 

EN 

22 

   EN 

 
ANNEX IV – Investigations opened in 2010, 2011 and 2012 

Investigations opened in 2010, 2011 and 2012. 

Country 

AD 

CVD 

SG 

TOTAL 

2010  2011  2012 2010 2011 2012 2010 2011  2012  2010 2011 2012

Argentina 

Australia 

Belarus 

Brazil 

Canada 

Chile 

China 

Costa Rica 

Dominican Republic 

Ecuador 

Egypt 

Eurasian Customs 
Union 

India 

Indonesia 

Israel 

Jordan 

Kazakhstan 

Kyrgyzstan 

Malaysia 

Mexico 

Morocco 

New Zealand 

Pakistan 

Russia 

South Africa 

Thailand 

Turkey 

Ukraine 

USA 

Vietnam 

TOTAL 

1 

0 

0 

4 

1 

1 

3 

0 

0 

0 

0 

0 

7 

0 

3 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

1 

1 

1 

0 

0 

2 

0 

0 

0 

0 

0 

1 

0 

0 

0 

1 

0 

0 

0 

0 

2 

0 

1 

0 

0 

0 

2 

0 

0 

1 

0 

0 

2 

0 

0 

3 

0 

0 

0 

0 

0 

2 

0 

1 

0 

0 

0 

0 

0 

0 

0 

1 

0 

0 

0 

2 

0 

1 

0 

20 

12 

13 

0 

0 

0 

0 

0 

0 

1 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

1 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

1 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

1 

0 

0 

0 

0 

0 

0 

0 

0 

2 

1 

0 

0 

1 

5 

0 

1 

1 

1 

0 

1 

1 

0 

0 

1 

0 

1 

0 

3 

0 

0 

0 

0 

4 

0 

0 

0 

0 

0 

0 

0 

1 

0 

1 

3 

1 

0 

4 

0 

1 

0 

0 

0 

0 

1 

0 

0 

1 

4 

0 

0 

0 

0 

0 

1 

0 

1 

0 

1 

0 

0 

4 

3 

0 

6 

0 

1 

0 

0 

0 

0 

1 

0 

0 

0 

1 

1 

2 

0 

0 

1 

1 

0 

0 

4 

1 

1 

4 

0 

2 

1 

0 

0 

8 

5 

3 

1 

1 

1 

0 

1 

1 

0 

0 

1 

0 

1 

0 

3 

0 

0 

0 

1 

5 

1 

0 

0 

2 

0 

0 

0 

1 

0 

2 

3 

1 

0 

5 

0 

1 

0 

0 

2 

0 

2 

0 

0 

1 

6 

0 

0 

1 

0 

0 

3 

0 

1 

4 

1 

0 

0 

4 

3 

2 

6 

1 

1 

0 

0 

0 

0 

1 

0 

1 

0 

1 

1 

4 

0 

1 

1 

19 

21 

23 

40 

33 

37 

EN 

23 

   EN 

 
 
  
ANNEX V – Investigations initiated during 2012 

Investigations initiated during a certain year 

In the year 2012.. 

Investigations initiated in 2012 

Country 

Product 

Instrument 

Initiation Date 

Exporting MS 

Argentina 

Brazil 

Brazil 

Brazil 

Chile 

China 

China 

China 

China 

Costa Rica 

Egypt 

Egypt 

Egypt 

Egypt 

PVC profiles 

Laminated steel 

Wine 

Ethanolamines 

Broken maize 

Polysilicone 

Toluene Diisocyanate (TDI) 

Polysilicone 

Toluidine 

Pounded Rice 

Steel rebars 

Polypropylene 

Cotton Textile 

Raw and white sugar 

Eurasian Customs Union  Combine Harvesters 

Eurasian Customs Union  Porcelain tableware 

Eurasian Customs Union  Woven fabrics  

India 

India 

Indonesia 

Indonesia 

Indonesia 

Indonesia 

Indonesia 

Indonesia 

Israel 

Jordan 

Morocco 

Pakistan 

Cefadroxil Monohydrate  

Polyvinyl Chloride 
Suspension Grade Resin 

Flat rolled iron  

Wheat Flour 

Mackerel 

D-glusitol (sorbitol) 

Kilowatt Hour Meters 

Casing and Tubing 

Bitumou membranes 

Bars and Rods 

Bars and Rods 

Phthalic Anhydride 

South Africa 

Frozen potato chips 

AD 

AD 

SG 

AD 

SG 

2012-Nov-29 

2012-Apr-14 

2012-Mar-15 

Germany, 
Finland 

2012-May-10 

Germany 

2012-Apr-27 

CVD 

2012-Nov-01 

AD 

AD 

AD 

SG 

SG 

SG 

SG 

SG 

SG 

SG 

SG 

AD 

AD 

SG 

SG 

SG 

SG 

SG 

SG 

AD 

SG 

SG 

AD 

SG 

2012-Mar-23 

2012-Nov-01 

2012-Jun-29 

2012-May-08 

2012-Nov-28 

2012-May-31 

2012-Feb-23 

2012-Nov-29 

2012-Jul-06 

2012-Aug-31 

2012-Oct-01 

2012-Feb-22 

2012-Oct-05 

2012-Dec-20 

2012-Aug-24 

2012-Jan-27 

2012-Dec-13 

2012-Dec-28 

2012-Jan-20 

2012-Dec-19 

2012-Apr-13 

2012-Sep-25 

2012-Aug-17 

2012-Nov-23 

EN 

24 

   EN 

 
 
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
Thailand 

Hot rolled steel flat 

Certain electrical appliances 

Turkey 

Turkey 

Turkey 

Turkey 

United States 

Viet Nam 

Matches 

Float glass colourless 

Water heaters 

Xanthan Gum 

Vegetable oils 

Belgium, 
France 

Germany, 
Poland 

SG 

SG 

SG 

AD 

AD 

AD 

SG 

2012-Nov-27 

2012-Dec-19 

2012-May-02 

2012-Nov-27 

2012-Mar-20 

2012-Jun-26 

2012-Dec-26 

EN 

25 

   EN 

 
  
  
  
  
  
ANNEX VI – Number of Measures imposed in 2010,2011 and 2012 

Measures imposed in 2010, 2011 and 2012. 

Country 

AD 

CVD 

SG 

TOTAL 

2010  2011  2012  2010  2011  2012  2010  2011  2012  2010  2011  2012 

Argentina 

Belarus 

Brazil 

Canada 

China 

Chile 

Dominica republic 

Ecuador 

Egypt 

India 

Indonesia 

Israel 

Jordan 

Kazakhstan 

Mexico 

Pakistan 

Panama 

Philippines 

Russia 

South Africa 

Thailand 

Turkey 

Ukraine 

TOTAL 

0 

0 

0 

1 

3 

0 

0 

0 

0 

1 

0 

1 

0 

0 

1 

0 

0 

0 

0 

0 

0 

1 

0 

8 

0 

0 

2 

0 

4 

0 

0 

0 

1 

2 

0 

2 

0 

0 

0 

1 

0 

0 

0 

0 

0 

1 

0 

1 

0 

1 

0 

3 

0 

0 

0 

0 

6 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

1 

13 

12 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

1 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

1 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

1 

0 

0 

0 

0 

2 

1 

0 

0 

0 

0 

1 

0 

0 

0 

0 

1 

0 

0 

0 

0 

1 

7 

0 

4 

0 

0 

0 

0 

0 

0 

0 

1 

6 

0 

0 

6 

0 

0 

0 

0 

3 

0 

1 

1 

0 

22 

0 

0 

0 

0 

0 

1 

0 

0 

3 

1 

2 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

1 

0 

8 

0 

1 

0 

1 

3 

0 

2 

1 

0 

1 

0 

1 

1 

0 

1 

0 

0 

1 

0 

0 

0 

1 

1 

0 

4 

2 

0 

5 

0 

0 

0 

1 

3 

6 

2 

0 

6 

0 

1 

0 

0 

3 

0 

1 

2 

0 

1 

0 

1 

0 

3 

1 

0 

0 

3 

7 

2 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

1 

1 

15 

36 

20 

EN 

26 

   EN 

 
 
  
ANNEX VII – Measures imposed during 2012 

Measures imposed during a certain year 

In the year 2012. 

Measures imposed in 2012 

Country 

Product 

Instrument 

Type Of 
Measure 

Date Of 
Imposition 

Exporting MS 

Coated paper 

Argentina 

AD 

Definitive 

2012-Apr-
21 

Austria, 
Finland 

Lightweight paper 

Broken maize 

Ethylene Glycol 
Monobutyl Ether  

Photographic paper 

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

Raw and white sugar 

Cotton Yarn 

Cotton Textile 

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

Morpholine 

Aniline 

Melamine 

Phtalic Anhydride 

Soda Ash 

Pentaerythritol 

Brazil 

Chile 

China 

China 

China 

Egypt 

Egypt 

Egypt 

India 

India 

India 

India 

India 

India 

India 

AD 

Definitive 

SG 

Provisional

2012-Apr-
23 

2012-Apr-
27 

AD 

Provisional 2012-Jul-28 

AD 

Definitive 

2012-Mar-
23 

Belgium, 
Germany, 
Finland, 
Sweden 

Germany, 
France, 
Sweden 

Netherlands, 
United 
Kingdom 

AD 

Provisional

Provisional

SG 

SG 

Definitive 

2012-Jul-23 

2012-May-
08 

2012-Dec-
02 

Belgium, 
Germany, Italy, 
Finland, 
Sweden 

SG 

Provisional

2012-Feb-
29 

AD 

Definitive 

AD 

Definitive 

AD 

Definitive 

AD 

Definitive 

SG 

Definitive 

2012-Oct-
04 

2012-Jan-
24 

2012-May-
29 

2012-Jun-
01 

2012-Apr-
13 

AD 

Definitive 

2012-Feb-
17 

Bulgaria, 
Romania 

AD 

Definitive 

2012-Jun-
20 

EN 

27 

   EN 

 
 
  
  
  
  
  
  
  
  
  
  
Iron or Steel Wire 

Wheat Flour 

Indonesia 

Indonesia 

SG 

Definitive 

SG 

Provisional

2012-Nov-
20 

2012-Dec-
05 

Turkey 

Certain electrical 
appliances 

SG 

Definitive 

2012-May-
19 

Belgium, 
France 

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

Ukraine 

AD 

Definitive 

2012-Apr-
28 

EN 

28 

   EN