An interim evaluation report of the EU trade defense mechanism, prepared for Unit H of DG trade EU

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Tilburg University

An interim evaluation report of the EU trade defense mechanism, prepared for Unit H of

DG trade EU

Comnenus, George Arie

Publication date: 2014

Document Version

Publisher's PDF, also known as Version of record Link to publication in Tilburg University Research Portal

Citation for published version (APA):

Comnenus, G. A. (2014). An interim evaluation report of the EU trade defense mechanism, prepared for Unit H of DG trade EU.

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FINAL

INTERIM EVALUATION REPORT

January 2011 until July 2013

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P II/ 238 Preliminary note 04.10.2013

This interim evaluation report of the anti-dumping instruments of the European Union in comparison to those of the

United States of America and the People’s Republic of China is prepared for the European Commission.

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04.10.2013 Table of contents P 238/ III

I

NTRODUCTION ... 10

.

I

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P

ART ONE

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INTERIM EVALUATION REPORT ... 13

1.1. The E.U. compared to the P.R. of China and U.S. ... 15

1.1.1. Anti-dumping investigations ... 15

1.1.2. Anti-dumping proceedings ... 26

1.1.3. Anti-dumping measures ... 39

1.1.4. Anti-dumping rates ... 45

1.1.5. Anti-dumping cases ... 53

1.2. Essentials of anti-dumping investigations in the E.U. ... 58

1.2.1. By or on behalf of the domestic industry ... 58

1.2.2. Sampling ... 61

1.2.3. Margin of dumping ... 63

1.2.4. Market economy treatment ... 64

1.2.5. Individual treatment ... 74

1.2.6. Normal value ... 77

1.2.7. Export price ... 78

1.2.8. Absolute import volumes & market shares ... 80

1.2.9. Margin of undercutting ...82

1.2.10. Microeconomic and macroeconomic injury indicators ... 83

1.2.11. Non-attribution and break-the-causal-link analysis ... 86

1.2.12. Lesser duty rule ... 87

1.2.13. Terminations ... 90

1.2.14. Types of duties ... 90

1.3. Aside and after anti-dumping investigations in the E.U. ... 91

1.3.1. Price undertakings ... 91

1.3.2. Complainants & applications ...92

1.3.3. Time-constraints ... 94

1.3.4. Hearing officer ... 96

1.3.5. Reviews ... 98

1.3.6. Refunds ... 113

1.4. Conclusion... 115

.

II

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P

ART TWO

:

THE

B

ASIC

A

NTI-DUMPING

R

EGULATION ... 132

2.1. Preface to Council Regulation (EC) No 1225/2009 ... 134

2.2. Proposal for the amendment of Council Regulation (EC) No 1225/2009 ... 141

.

III

. P

ART THREE

:

THE

A

NTI-DUMPING

A

GREEMENT ... 164

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P IV/ 238 Table of contents 04.10.2013

3.2. Application to and initiation of an investigation ... 166

3.3. The course of an investigation ... 168

3.3. 1. Rights of parties and Authorities ... 168

3.3. 2. Determination of the importation of dumped goods ... 172

3.3.3. Causation analysis and (the threat of) injury to the domestic industry ... 174

3.4. Trade defense instruments ... 178

3.4.1. Preliminary determination and provisional measures ... 178

3.4.2. Final determination and definitive measures ... 179

3.4.3. Imposition, collection and review of duties ... 180

3.5. Aside and after the investigation ... 182

3.5.1. Price undertakings ... 182

3.5.2. Sunset reviews and altered circumstances ... 183

3.5.3. Consultation and dispute settlement ... 184

3.6. Committee on Anti-Dumping Practices ... 185

.

IV

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ART FOUR

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ANTI-DUMPING DISPUTES ... 187

4.1. China-G.O.E.S. ... 189

4.2. U.S.-Shrimp ... 193

4.3. E.U.-Footwear ... 198

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04.10.2013 Figures P 238/ V

FIGURES

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Figure .1. : H.S. chapters of products whereupon the E.C. initiated A.-D. investigations ... 15

Figure .2. : A.-D. investigations initiated in the E.U. & the rest of the world in 01-01-2005 until 01-07-2013 ... 18

Figure .3. : Total extra-E.U. 27 import volume into the E.U. in the period 01-01-2005 until 01-04-2013 ... 19

Figure .4. : Country of origin of products subjected to A.-D. investigations in 01-01-2011 until 01-06-2013 ... 20

Figure .5. : A.-D. investigations initiated by the E.U. and against products from the E.U. per country ... 21 Figure .6. : Stage of development of countries of origin of products subjected to A.-D. investigations in the E.U. ... 22

Figure .7. : Definitive A.-D. measures by the E.U. and against products from the E.U. per country ... 23

Figure .8. : Amount of A.-D. measures imposed by the E.C. & the Council versus the rest of the world ... 24

Figure .9. : Provisional & definitive A.-D. measures imposed by the E.C. & the Council of the E.U. ... 25

Figure .10. : A.-D. disputes brought before the W.T.O. by and against the E.U. per Member ... 26

Figure .11. : All A.-D. proceedings initiated by and against the E.U. or its Members in 1978 until halfway 2013 ... 28

Figure .12. : All A.-D. proceedings of the E.U. from January 1978 until July 2013 to the country of origin ... 29

Figure .13. : All A.-D. proceedings of U.S. from January 1980 to December 2012 to the country of origin ... 30

Figure .14. : All A.-D. proceedings of U.S.D.o.C. concerning products per E.U. Member state ... 31

Figure .15. : All A.-D. proceedings of P.R. of China from 1997 until 2013 to the country of origin ... 32

Figure .16. : All A.-D. proceedings of the P.R. of China on products originating in the E.U. it’s Members ... 33

Figure .17. : A.-D. proceedings of the E.U. in 1978 until 2013 to the H.S. chapter of the products involved ... 34

Figure .18. : A.-D. proceedings of U.S. in 1980 until 2013 to the H.S. chapter of the products involved ... 35

Figure .19. : A.-D. proceedings of the P.R.C. in 1997 until 2013 to the H.S. chapter of the products involved ... 36

Figure .20. : A.-D. cases of the P.R.C. to the H.S. chapter of the subject products originating in the E.U. ... 37

Figure .21. : All A.-D. proceedings of U.S.A. in 1987 to 2013 on products from the E.U. to their H.S. chapter ... 38

Figure .22-a. : Volume effects per H.S. 2 chapter of A.-D. measures imposed by E.U. in 01-01-2011 to 01-07-2013 ... 41

Figure .22-b. : Volume effects per country of A.-D. measures imposed by E.U. in 01-01-2011 to 01-07-2013 ... 44

Figure .23. : Extent of A.-D. protection of the European economic sectors in January 2011 until July 2013 ... 46

Figure .24. : All others rates and individual rates imposed by the E.U. in January 2011 until July 2013 ... 47

Figure .25. : Averages of different types of A.-D. rates imposed by the E.U. in January 2011 until July 2013 ... 48

Figure .26. : Origins of imports whereupon the E.U. imposed A.-D. measures in 01-01-2011 until 01-06-2013 ... 49

Figure .27. : Types of products from E.U. whereupon P.R.C. imposed A.-D. measures in 2011 until medio 2013 ... 51

Figure .28. : Countries wherefrom products simultaneously with E.U. were subjected to A.-D. measures by P.R.C. ... 51

Figure .29. : Differences in A.-D. rates applied by M.of.Com. per country in cases involving E.U.-exports ... 52

Figure .30. : Countries of origin in A.-D. Regulations subject to European Court Judgments and Orders ...55

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P VI/ 238 Figures 04.10.2013

FIGURES

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Figure .32. : Success rate of the E.C. and the Council of the E.U. in A.-D. cases brought before E.U. Courts ...57

Figure .33. : Extent to which products in E.U. Court cases fall under different H.S.2 chapters ... 58

Figure .34. : Percentage of Union producer support for applications to initiate A.-D. investigations ... 59

Figure .35. : Average support of the Union industry for initiated A.-D. investigations ... 60

Figure .36. : Extent to which sampling is used in A.-D. investigations initiated in 2011 until halfway 2013 ... 61

Figure .37. : The extent to which sampling was applied on different parties in 1-1-2011 until 1-7-2013 ... 62

Figure .38. : Methods used for calculating the margin of dumping by the E.C. in 01-01-2011 until 01-01-2013 ... 64

Figure .39. : A.-D. investigations initiated by the E.C. on imports originating in N.M.E.’s & M.E.’s ... 65

Figure .40. : N.M.E. countries of A.-D. investigations initiated by the E.C. in 2011 until halfway 2013 ... 66

Figure .41. : Analogue countries chosen by the E.C. and the Council in January 2011 until July 2013 ... 67

Figure .42. : Reasons underlying decisions of the E.C. & Council to deny M.E.T. requests in 2011-medio 2013 ... 68

Figure .43. : Average A.-D. rates applied by the E.U. on imports originating in the P.R. of China ... 70

Figure .44. : Average A.-D. rates applied by the E.U. on imports originating in extra E.U.27 ... 71

Figure .45. : Relative differences in A.-D. rates applied by the E.U. to products’ origin in 2011-medio 2013 ... 73

Figure .46. : Requests for I.T. granted or denied by the E.U. in 01-01-2011 until 01-07-2013 ...75

Figure .47. : Extent to which the E.U. assessed other injurious factors in non-attribution analyses ... 86

Figure .48. : Reasons in Commission Decisions to terminate A.-D. proceedings in 01-01-2011 until 01-07-2013 ... 90

Figure .49. : Different types of definitive A.-D. duties imposed by the Council in 01-01-2011 until 01-01-2013 ... 91

Figure .50. : Undertakings in A.-D. proceedings initiated by the E.C. in January 2011 until July 2013 ... 92

Figure .51. : Complainants in A.-D. investigations initiated by the E.C. in 01-01-2011 until 01-07-2013 ... 93

Figure .52. : Time-frame used for concluding A.-D. investigations in the E.U. in 01-01-2011 until 01-07-2013 ... 96

Figure .53. : Different types of applicants of reviews initiated in the E.U. in 01-01-2011 until 01-07-2013 ... 102

Figure .54. : Months necessary to conclude review investigations in the E.U in 01-01-2011 until 01-07-2013 ... 103

Figure .55. : Reviews initiated in the E.U. in January 2011 until July 2013 according to their outcomes ... 104

Figure .56. : Outcomes per type of review initiated in the E.U. in January 2011 until July 2013 ...105

Figure .57. : Outcome of expiry reviews initiated & concluded in the E.U. in January 2011 until July 2013 ... 108

Figure .58. : The scope of request for interim reviews initiated in the E.U. in January 2011 until July 2013 ... 109

Figure .59. : Outcomes of Partial Interim Reviews initiated in the E.U. January 2011 until July 2013 ... 110

Figure .60. : Modifications of duties in partial interim reviews of the E.U. in 01-01-2011 until 01-07-2013 ... 111

Figure .61. : Methods & outcomes of A.-C. investigations concluded in the E.U. in 01-01-2011 to 01-07-2013 ... 112

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04.10.2013 Tables P 238/ VII

TABLES

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Table .1. : A.-D. investigations initiated by the European Commission in between 01-01-2011 until 01-07-2013 ... 16

Table .2. : A.-D. cases brought before the W.T.O. by and against the E.U. in 01-01-2011 until 01-07-2013 ... 27

Table .3. : A.-D. Measures imposed by the European Union in the period January 2011 until July 2013 ... 40

Table .4. : A.-D. measures imposed by M.of.Com. on exports from the E.U. in 01-01-2013 until 01-07-2013 ... 50

Table .5. : A.-D. Cases Brought Before European Courts in the period January 2011 until July 2013 ... 54

Table .6. : Representativeness of samples used in preliminary Regulations in January 2011 until July 2013 ... 63

Table .7. : A.-D. cases where the E.U. granted or denied I.T. in the period January 2011 until 13 June 2012 ... 76

Table .8. : Methods applied by the E.U. in determining the N.V. in January 2011 until July 2013 ...77

Table .9. : Methods applied by the E.U. in establishing the E.P. in January 2011 until July 2013 ... 78

Table .10. : Methods applied by the E.U. in constructing the E.P. in January 2011 until July 2013 ... 79

Table .11. : Import volumes & market shares where the E.U. imposed measures in 01-01-2011 until 01-07-2013 ... 81

Table .12. : Margins of undercutting where the E.U. imposed A.-D. measures in 01-01-2011 until 01-06- 2013 ... 82

Table .13. : Macroeconomic injury indicators assessed by the E.U. per case in January 2011 until July 2013 ... 83

Table .14. : Microeconomic injury indicators assessed by the E.U. per case in January 2011 until July 2013 ... 84

Table .15. : Target profit margin determinants where the E.U. imposed measures in January 2011 until July 2013 ... 88

Table .16. : A.-D. proceedings terminated through Commission decisions in January 2011 until July 2013 ... 89

Table .17. : Amount of months necessary for the E.C. and the Council to conclude A.-D. investigations ... 94

Table .18. : E.U.-Hearing Officer’s actions in cases where duties were imposed in 01-01-2011 until 01-07-2013 ... 97

Table .19. : Different types of reviews initiated in the E.U. to their amount in 01-01-2011 until 01-07-2013 ... 101

Table .20. : All reviews & their time-frames initiated in the E.U. January 2011 until July 2013 ... 106

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P VIII/ 238 Acronyms 04.10.2013

ACRONYMS

Acronym

:

Explication

:

A.U.V. ... Average Unit Value

A.B. ... Appellate Body

A.-D. ... Anti-Dumping

A.D.A.C. ... Anti-Dumping Advisory Committee

A.-C. ... Anti-Circumvention

A.D.A. ... Anti-dumping Agreement

B.-2-B. ... Business to Business

B.R.I.C. ... Brazil, Russia, India, China

B.i.H. ... Bosnia and Herzegovina

B.I.I. ... Bureau of Industry Injury Investigation (P.R.C.)

C.I.F. ... Cost Insurance Freight

C.V.D. ... Countervailing Duties

C.A.D.P. ... Committee on Anti-Dumping Practices (W.T.O.)

C.A.W.P.R. ... China’s Accession Working Party Report

C.A.P. ...China’s Accession Protocol

C.E.C. ... European Confederation of the Footwear Industry

C.N. ... Combined Nomenclature

Com. ... Commission

Coun. ... Council

D.S.S. ... Dispute Settlement System

D.S.U. ... Dispute Settlement Understanding

D.G. Trade E.U. ... Directorate General for Trade of the European Union

E.B.I.T.D.A. ... Earnings Before Interest, Taxes, Depreciation and Amortization

E.C. ... European Commission or European Communities

E.G. ... Exempli Gratia

E.P. ... Export Price

E.U. ... European Union

EX.W. ... Ex Works

Basic A.D.R. ... European Union’s Basic Anti-dumping Regulation

Eurofer. ... European Confederation of Iron and Steel Industries

F.o.B. ... Free on Board

G.A.A.P. ... Generally Accepted Accounting Principles

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04.10.2013 Acronyms P 238/ IX

I.A. ... Inter Alia I.A.S. ... International Accounting Standards

I.D. ...Identifier

I.T. ... Individual Treatment

L.D.R. ... Lesser Duty Rule

M.E. ... Market Economy

M.E.T. ... Market Economy Treatment

M.F.N. ... Most Favored Nation

M.I.P. ... Minimum Import Price

M.o.D. ... Margin of Dumping

M.of.Com. ...Ministry of Commerce of the People’s Republic of China

M.o.U. ... Margin of Undercutting

N.M.E. ... Non-Market Economy

N.I.V. ... Non-materially injurious value amount of imports

N.V. ... Normal Value

O.E.M. ... Original Equipment Manufacturer

P.C.N. ... Product Control Number

P.u.C. ... Period under Consideration

P.R.C. ... Peoples Republic of China

P.R. of China ... Peoples Republic of China

Prod.Com. ...Production Communautaire

Ref. ... Reference

S.T.A.F. ... Special Type Athletic Footwear

S.G. & A. ... Selling, General & Administrative Costs

S.O.C. ...Supranational Oversight Council

TARIC Code ... Integrated Tariff of the European Communities Code T.D.I. ... Trade Defense Instruments

T.P.M. ... Target Profit Margin

U.N. ... United Nations

U.S.C.B.P. ... United States Customs Border Protection

U.S.D.o.C. ... United States Department of Commerce

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04.10.2013 Introduction P 238/ 11

INTRODUCTION

In the light of the “E.U. Chamber of Commerce in China event / Brussels” of 17 September 2013 the Commissioner for Trade of the European Union, the Honorable Mr. Karel de Gucht, held a speech with respect to the relationship between the European Union and the People’s Republic of China. Therein the increasing importance of the relationship between the European Union and the People’s Republic of China was pointed out by inter alia referring to its evolution from negligible trade contacts in the 1970’s to becoming the world’s second largest bilateral trade relationship. The Commissioner for Trade of the E.U. explicated that the trade policy of the European Union with respect to the intensifying relationship between the European Union and the People’s Republic of China is aimed at achieving the most growth for both economies. Furthermore the Commissioner for Trade of the E.U. pointed towards the responsibility of policymakers in the People’s Republic of China in achieving the aforementioned goal. The Commissioner for Trade of the E.U. concluded his speech by referring to the significance of the success of the economies of the People’s Republic of China, United States and the European Union for global welfare. In line with the thoughts conveyed through this speech and in the light of the significant global increase of measures applied at the border such as was identified by the Directorate General for Trade of the E.U. in its "Tenth Report on potentially trade-restrictive measures." the need exists to provide an interim evaluation report of the anti-dumping instruments of the European Union in comparison to those of the People’s Republic of China and United States.

There are four parts to be found in this interim evaluation report. There is a theoretical part which relates to anti-dumping instruments on a supranational level, namely a chronologically consolidated version of the Agreement on the Implementation of Article VI of the G.A.T.T. ’94 (hereinafter referred to as the Anti-dumping Agreement) and there is a practical part which relates to anti-dumping instruments on a supranational level, namely the essentials of three disputes that were concluded in the period January 2011 until July 2013 through the Dispute Settlement System of the World Trade Organization. Either one of the aforementioned disputes relates to the correctness of the implementation and execution of the Anti-dumping Agreement by legislators respectively investigating Authorities of the European Union, United States or the People’s Republic of China. The chronological consolidated version of the dumping Agreement is named as such because provisions of the Anti-dumping Agreement are reordered in accordance with their chronological order and because provisions which correlate with each other are merged together to the extent that it was possible without significantly altering the original meaning of the provisions. Yet an alteration of the original meaning of provisions is inevitable when provisions are not rewritten verbatim. The purpose of the chronological consolidation is to be seen in the light of providing a simplified version of the Anti-dumping Agreement. The three disputes under consideration are named U.S. – Shrimp (Viet Nam), E.U. – Footwear (China) and China – G.O.E.S. (U.S.). In order to provide an in depth insight into the Anti-dumping Agreement, all the explanations and interpretations of its provisions that were reiterated and promulgated in the three aforementioned disputes have been footnoted with respect to their correlating part in the chronological consolidated version of the Anti-dumping Agreement.

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P 12/ 238 Introduction 04.10.2013

proposal containing an amended version of Council Regulation (E.C.) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community.

Furthermore there is a practical part which relates to anti-dumping instruments on a European Union level, namely an interim evaluation report of the state of play of the anti-dumping instruments of the European Union over the period January 2011 until July 2013. The aforementioned interim evaluation report constitutes a deviation from the quinquennial evaluation of the anti-dumping instruments of the Directorate General for Trade of the European Union in that it contains an overall comparative analysis with the anti-dumping instruments of United States and the People’s Republic of China over the period January 2011 until July 2013.

The first significant modification of the anti-dumping instruments of the European Union came forth out of the Appellate Body Report of the W.T.O. in the dispute named E.C.-Bed Linen. Therein it was concluded that the use of zeroing in the calculation of margins of dumping ex the first sentence of Article 2.4.2 of the A.D.A. was not in conformity with the obligation of Members to conduct a fair comparison between the normal value and the export price ex the chapeau of Article 2.4 of the A.D.A. Pursuant to the aforementioned ruling, the Council adopted Regulation (EC) No 1515/2001 of 23 July 2001 enabling measures to be taken by the Community following a report adopted by the W.T.O. Dispute Settlement Body concerning anti-dumping and anti-subsidy matters. Other important legislative developments inter

alia concern Regulation (EU) No 1168/2012 of the European Parliament and of the Council of 12 December

2012 amending Article 2(7)and 9(6) of the Basic Anti-dumping Regulation; Commission Notice 2002/C127/06 concerning the reimbursement of anti-dumping duties; and Regulation (EU) No 765/2012 of the European Parliament and of the Council of 13 June 2012 amending Article 9(5) of Regulation (EC) No 1225/2009.

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04.10.2013 PART ONE P 238/ 13

PART ONE

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04.10.2013 Anti-dumping investigations P 238/ 15

.I.

PART ONE

INTERIM EVALUATION REPORT

The E

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U

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compared to the P

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R

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of China and U

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S

.

1.1.1. Anti-dumping investigations.

The European Commission can initiate anti-dumping investigations into the existence, degree and effect of any alleged dumping on its own initiative or through the receipt of a complaint. An anti-dumping investigation is initiated within forty five days after the receipt of a valid complaint which contains sufficient evidence of the importation of dumped products causing injury to the domestic industry producing the like product. Complaints can be lodged by natural persons, legal persons and associations without legal personality who represent the domestic industry on a European or a Member State level. A complaint must be lodged by or on behalf of the domestic industry of the European Union. Theretofore the aggregate output of Union producers who support the application must account for more than 50 % of the aggregate output of Union producers who expressed support for or opposition to the complaint and for 25 % or more of the total Union production of the like product. Proceedings will not be initiated if products originate in countries whereof the volume of imports represent a market share of less than 1 %, unless imports from such countries collectively account for 3 % or more of the domestic consumption.

Alongside the initiation of proceedings comes the public notification wherein the decision of the E.C. to initiate the investigation is explicated. Therein interested parties can inter alia find an overview of the C.N. codes where-under the products which became subject to an anti-dumping investigation classify. The extent to which different H.S. chapters belong to products whereupon anti-dumping investigations were initiated by the E.C. in the period January 2011 until July 2013 is explicated in figure .1. hereunder.

Figure .1. H.S. chapters of products whereupon the E.C. initiated A.-D. investigations.

Source: the author’s calculations based on the database of the D.G. for Trade of the E.U. 39% 20% 11% 11% 7% 5% 5% 2%

H.S. chapters of products whereupon the E.C. initiated A.-D. investigations.

January 2011 until July 2013

Partially re-opened A.-D. investigations are included.

72-83 Metals

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P 16/ 238 Anti-dumping investigations 04.10.2013

It can be deduced from figure .1. that the majority of the anti-dumping investigations which the European Commission initiated in the period January 2011 until July 2013 are related to the importation of metals and the importation of chemicals. In figure .1., anti-dumping investigations directed towards products which fall under multiple C.N. 6 codes were treated as separate investigations to the extent that their H.S. 2 code differed. Moreover, investigations directed towards products originating in multiple countries were treated separately to the extent that it involved multiple countries and anti-dumping investigations which were re-opened partially were treated as separately initiated anti-dumping investigations.

In order to provide a better insight into the extent to which different anti-dumping investigations were initiated by the European Commission in the period January 2011 until July 2013, table .1. provides an overview of all the anti-dumping investigations which were initiated in the period under consideration. Note that by clicking on the product and country of origin of initiated anti-dumping investigations in table .I., a direct link to the website of the D.G. for Trade of the E.U. is opened wherein an overview of the progress of the subject investigations is provided. Furthermore, note the direct links to the website of the D.G. for Trade of the E.U. in table .I. wherein the official notice of the initiation of the anti-dumping investigation by the European Commission is published.

Table .I. A.-D. investigations initiated by the European Commission in between 01-01-2011 until 01-07-2013

Anti-dumping investigations initiated by the European Commission January 2011 until July 2013

Product and country of origin Full notice of initiation Short notice of initiation 2011 (18 initiations)

Oxalic acid from China Commission Notice (EU) No 2011/C 24/07 C24, 26.01.2011, p. 8

Oxalic acid from India Commission Notice (EU) No 2011/C 24/07 C24, 26.01.2011, p. 8

Polyethylene terephthalate (PET) from Oman Commission Notice (EU) No 2011/C 49/10 C49, 16.02.2011, p. 16

Polyethylene terephthalate (PET) from Saudi Arabia Commission Notice (EU) No 2011/C 49/10 C49, 16.02.2011, p. 16

Sodium Cyclamate from China Commission Notice (EU) No 2011/C 50/07 C50, 17.02.2011, p. 9

Soy protein products (certain concentrated) from China Commission Notice (EU) No 2011/C 121/26 C121, 19.04.2011, p. 71

Stainless steel fasteners and parts thereof from India Commission Notice (EU) No 2011/C 142/04 C142, 13.05.2011, p. 30

Seamless pipes and tubes, of iron or steel from Belarus Commission Notice (EU) No 2011/C 187/12 C187, 28.06.2011, p.22

Woven and/or stitched glass fiber fabrics from China Commission Notice (EU) No 2011/C 187/12 C222, 28.07.2011, p. 12

Tartaric acid from China Commission Notice (EU) No 2011/C 223/08 C223, 29.07.2011, p. 11

Aluminum radiators from China Commission Notice (EU) No 2011/C 236/14 C236, 12.08.2011, p. 18

Tube and pipe fittings, of iron or steel from Russia Commission Notice (EU) No 2011/C 320/04 C320, 01.11.2011, p.4

Tube and pipe fittings, of iron or steel from Turkey Commission Notice (EU) No 2011/C 320/04 C320, 01.11.2011, p.4

Bioethanol from U.S. Commission Notice (EU) No 2011/C 345/04 C345, 25.11.2011, p. 7

Citrus fruits from China Commission Notice (EU) No 2011/C 353/10 C 353, 3.12.2011, p.15

White phosphorus from Kazakhstan Commission Notice (EU) No 2011/C 369/07 C 369, 17.12.2011, p. 19

Aluminum Foil from China Commission Notice (EU) No 2011/C 371/05 C 371, 20.12.2011, p. 4

Organic coated steel from China Commission Notice (EU) No 2011/C 373/10 C 373, 21.12.2011, p. 16 2012 (14 initiations)

Ceramic tableware and kitchenware from China Commission Notice (EU) No 2012/C 44/07 C44, 16.02.2012, p. 22

M.T.F. from China Commission Notice (EU) No 2012/C 44/08 C44, 16.02.2012, p. 33

M.T.F. from Indonesia Commission Notice (EU) No 2012/C 44/08 C44, 16.02.2012, p. 33

M.T.F. from Thailand Commission Notice (EU) No 2012/C 44/08 C44, 16.02.2012, p. 33

Hollow sections tubes from Macedonia Commission Notice (EU) No 2012/C 96/07 C 96, 31.03.2012, p. 13

Hollow sections tubes from Turkey Commission Notice (EU) No 2012/C 96/07 C 96, 31.03.2012, p. 13

Hollow sections tubes from Ukraine Commission Notice (EU) No 2012/C 96/07 C 96, 31.03.2012, p. 13

Citrus fruits from China Commission Notice (EU) No 2012/C 96/07 C 175, 19.06.2012 p.19

Stainless steel wire from India Commission Notice (EU) No 2012/C 240/07 C 240, 10.08.2012, p. 15

Biodiesel from Argentina Commission Notice (EU) No 2012/C 260/04 C 260, 29.08.2012, p. 8

Biodiesel from Indonesia Commission Notice (EU) No 2012/C 260/04 C 260, 29.08.2012, p. 8

Solar panels from China Commission Notice (EU) No 2012/C 269/04 L 269, 06.09.2012, p. 5

Stainless steel fittings from China Commission Notice (EU) No 2012/C 342/02 C 342, 10.11.2012, p. 2

Stainless steel fittings from Taiwan Commission Notice (EU) No 2012/C 342/02 C 342, 10.11.2012, p. 2 First half of 2013 (3 initiations)

Seamless Pipes and Tubes from China Commission Notice (EU) No 2013/C 45/03 C 45, 16.02.2013, p. 3

Agglomerated stone from China Commission Notice (EU) No 2013/C 183/12 C 183, 28.06.2013, p. 21

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Pursuant to the initiation of anti-dumping investigations, the European Commission sends questionnaires to interested parties. Interested parties are inter alia Union producers of the like product and exporters respectively importers of products whereof the entrance for free circulation into the domestic market for consumption of the European Union has become subject to the anti-dumping investigation. The date wherein the aforementioned questionnaires are send coincides with the date of the publication of the notice of the initiation of the anti-dumping investigation. Exporting producers of products which originate in countries which the European Union a priori considers to be non-market-economies are provided the opportunity to provide evidence to rebut the presumption that they are not operating under market economy conditions. The European Union a priori considers the economies of Albania, Armenia, the P.R. of China, Georgia, Kazakhstan, Kyrgyzstan, Moldova, Mongolia and Viet-Nam not to be operating under market economy conditions. Parties who do not reply to the questionnaires are usually considered not to be cooperating with the investigation and therewith run the risk of becoming subjected to higher “all others” rates of duties. Pursuant to the receipt and verification of data related to the various aspects of the preliminary determination as to whether the importation of dumped products causing material injury to the domestic industry of the European Union exists, the European Commission can either decide to terminate an anti-dumping investigation or to impose provisional anti-dumping measures. The maximum time-frame wherein the European Commission is obliged to conclude anti-dumping investigations is fifteen months after the date of the initiation of the anti-anti-dumping investigation. Another task of the European Commission is to advise the Council of the European Union as to whether the provisional anti-dumping measures must be imposed definitely or whether the proceeding should be terminated without the imposition of definitive anti-dumping measures.

The European Commission ex Art. 5 (3) of the Basic Anti-dumping Regulation is restrained to initiate only those investigations wherefore it determined on the basis of an examination of the accuracy and adequacy of evidence that is either at hand or provided in complaints that there is sufficient evidence to justify the initiation of an investigation into the extent, degree and effects of imported products which are deemed to be dumped. Therefore figure .I. also tends to indicate that the majority of cases wherefore sufficient evidence was at hand or proponed by or on behalf of domestic industry in the period under consideration relates to the metal and chemical industry of the European Union. This does not necessarily imply that the aforementioned sectors suffered the most injury as a causal result of the volume effect, price effects or impact of the importation of dumped like products. After all it might inter alia turn out that the alleged injury must be attributed to other factors than the importation of dumped products, that the injury is immaterial, that there is no threat of material injury, that there is no retardation of the establishment of a domestic industry producing the like product, that the margin of dumping is de minimis,

that the volume of imported dumped products originating in the country of export is negligible or that the alleged price depression, suppression or undercutting is insignificant.

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Figure .2. A.-D. investigations initiated in the E.U. & the rest of the world in 01-01-2005 until 01-07-2013

Source: the author’s calculations based on the database of the W.T.O. and the D.G. for Trade of the E.U.

Figure .2. clearly indicates that the relative extent to which anti-dumping investigations are initiated in the European Union in comparison to the rest of the world is decreasing. The amount of anti-dumping investigations initiated in 2006 in the European Union relative to the rest of the world is a little less than 21 % while the figure shows an all-time low of a little less than 7 % in 2012. The downward trend is predicted to continue 2013 due to the fact that there were merely 3 anti-dumping investigations initiated in the first six months of 2013. Figure .2. indicates that the increase in the amount of initiated anti-dumping investigations coincided with the financial crisis of 2008. This tends to indicate that a certain proportion of initiated anti-dumping investigations might be influenced by other factors than the importation of dumped products causing injury to the domestic industries of W.T.O. Members. In the execution of anti-dumping investigations the European Commission and the Council of the European Union perform a standard “non-attribution” and break-the-causal-link” analysis with respect to the “other” injurious factor “financial / economic crisis”. Therein the extent to which the domestic industry incurred injury which was inflicted by the financial / economic crisis instead of to be attributed to a causal result of the importation of dumped goods is assessed.

Changes in the amount of anti-dumping investigations which were initiated by the European Commission in the period January 2005 until July 2013 could perhaps best be explained by looking into shifts in the total extra E.U.27 import volumes of products entering the domestic market for consumption of the European Union in the period under consideration. Figure .3. which is portrayed on the next page, provides an overview of the total import volume of extra-E.U. 27 products which were brought for free circulation into the domestic market for consumption of the European Union during the period January 2005 until July 2013. Due to the fact that the subject import volumes for the second quarter of 2013 were not yet available from the database of Eurostat, a prognosis for the second quarter of 2013 on the basis of the first quarter of 2013 was made.

24 35 9 19 15 15 18 14 3 177 169 156 194 194 157 148 195 0 50 100 150 200 250 2005 2006 2007 2008 2009 2010 2011 2012 Halfway 2013

Amount of A.-D. investigations →

P

er

iod

→

Original A.-D. investigations initiated in the E.U. and the rest of the world.

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Figure .3. Total extra-E.U. 27 import volume into the E.U. in the period 01-01-2005 until 01-04-2013

Source: Eurostat database

Figure .3. tends to indicate that the evolution of extra E.U.27 import volumes into the E.U. follows an opposite trend to the amount of anti-dumping investigations that are initiated by the European Commission. Whilst the years 2005 and 2006 show relatively low extra E.U.27 import volumes into the domestic market for consumption of the European Union, both years show relatively high amounts of initiated anti-dumping investigations. Furthermore the year 2012 and the prognosis for the year 2013 show relatively high amounts of extra E.U.27 import volumes into the domestic market for consumption of the European Union while this period shows the relatively lowest amount of initiated anti-dumping investigations in figure .2. This gives leeway to the presumption that the extent to which the whole domestic industry of the European Union is dependent on or in competition with imported products originating in extra E.U.27 countries has little or no bearing on the total amount initiated anti-dumping investigations and supports the assumption that the European Commission genuinely initiates anti-dumping investigations for the sole purpose of countering anti-dumping instead of merely imposing trade barriers to enrich the domestic industry by means of anti-dumping instruments.

In order to provide a clear overview of the extent to which anti-dumping investigations are initiated on the importation of products which originate in different types of countries, it is important to portray the extent to which anti-dumping investigations were initiated by the European Commission on the importation of products originating in B.R.I.C. countries and the rest of the world. Figure .4. which can be found on the next page gives an overview of the countries of origin of the products whereupon the European Commission initiated original anti-dumping investigations in the period January 2011 until July 2013. It is directly apparent from figure .4. that the majority of original anti-dumping investigations which were initiated in the period January 2011 until July 2013 concerned products which originate in Brazil, Russia, India or the P.R. of China.

1183213 1363882 1445155 1582932 1234317 1531043 1726514 1791095 842540 0 200000 400000 600000 800000 1000000 1200000 1400000 1600000 1800000 2000000 2005 2006 2007 2008 2009 2010 2011 2012 Prognosis halfway 2013 Trade val u e in m ill ion E C U /E U R O → Period →

Total extra-E.U. 27 import volume entering the E.U. for consumption.

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Figure .4. Country of origin of products subjected to A.-D. investigations in 01-01-2011 until 01-06-2013

Source: notices of initiations of A.-D. investigations from the online database of the D.G. for Trade of the E.U.

Of the total amount of original anti-dumping investigations which were initiated upon the importation of products originating in B.R.I.C. countries in the period under consideration, the vast majority is directed against the importation products which originate in the P.R. of China. Of the 21 original anti-dumping investigations initiated with respect to products originating in B.R.I.C. countries, 17 relate to products originating in the P.R. of China. It is clear that the latest trends show that the European Commission in first instance perceives the P.R. of China as the number one country of origin of dumped imports causing injury to the Union industry through evidence that is either at hand or submitted by or on behalf of the Union industry. Even though figure .4. gives no clear indication of the extent to which imported products originating in B.R.I.C. or non-B.R.I.C. countries are actually being dumped in the E.U., it might give a slight indication of the initial expectancy of the European Commission in the period January 2011 until July 2013 with respect to which countries are to be considered the main sources for dumped products. In order to provide an adequate overview of the extent to which initiated anti-dumping investigations were based on expectations rather than facts, the proportion of initiations resulting in imposition of anti-dumping measures should be looked into. The aforementioned information is provided in tables and graphs on subsequent pages. The current trend wherein a large extent of original anti-dumping investigations originate in B.R.I.C. countries, is predicted to continue as the total amount of original anti-dumping investigations which were initiated by the European Commission in the first half of 2013 are directed towards products originating in one of the B.R.I.C. countries, namely the P.R. of China.

In order to provide an overview of the possible retaliatory effect of the initiation of anti-dumping investigations by the European Commission, it is important to provide an overview of the extent to

6 8 12 6 3 01 23 45 67 8 9 1011 12 13 1415 1617 18 19 2011 2012 Halfway 2013 A mo un t o f in it ia te d in ve st ig at io n s → Period →

Country of origin of products whereupon the E.C. initiated A.-D. investigations.

Amount of A.-D. investigations iniated on products originating in B.R.I.C. countries

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which anti-dumping investigations which were initiated by the European Commission were met by the initiation of anti-dumping investigations which were directed on the importation of products originating in the European Union in the same time-frame. In order to provide the most recent overview it is decided to confine the period under consideration to the time-span between January 2011 until July 2013. Figure .5. gives an overview of the extent to which countries possibly retaliate against the initiation of original anti-dumping investigations by the European Commission on imported products originating in their countries by initiating original anti-dumping investigations on the importation of products originating in the European Union into their domestic market for consumption. It becomes directly apparent from figure .5. that the relatively largest proportion of original anti-dumping investigations which were initiated on the importation of products which originate in the European Union were initiated by the P.R. of China and that likewise the relatively largest proportion of original anti-dumping investigations which were initiated by the European Commission are directed towards imported products originating in the P.R. of China.

Figure .5. A.-D. investigations initiated by the E.U. and against products from the E.U. per country

Source: the author’s calculations based on the database of the D.G. for Trade of the E.U.

Furthermore figure .5. makes it clear that the investigating Authorities of India, Argentina and Morocco initiated the second largest amount of anti-dumping investigations with respect to the importation of products which originate in the European Union. In order to determine the extent to which the initiation

0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Am ou n t of or ig in al A. -D . i n ves ti g ations → Countries →

Original A.-D. investigations initiated by and against the E.U.

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of an original anti-dumping investigation by the European Commission is retaliated through the initiation of an anti-dumping investigation by the investigating Authorities of an exporting country, it is advisable to consider that 17 original anti-dumping investigations which were initiated by the European Commission in the period under consideration were met by the initiation of an original anti-dumping investigation on products originating in the European Union by the Authorities of the country of export. On the other hand a mere 7 original anti-dumping investigations which were initiated by the European Commission in the period under consideration were not accompanied by the initiation of an original anti-dumping investigation in the country of export of the product which became subject to the initiation of an anti-dumping investigation by the European Commission. Furthermore it is important to note that 10 original anti-dumping investigations which were initiated with respect to the importation of products into the domestic market for consumption of the European Union by the European Commission were not met by the initiation of an anti-dumping investigation on the importation of products originating in the European Union by the investigating Authorities of the country of export wherein the products which became subject to the aforementioned anti-dumping investigation in the European Union originated during the same time-frame.

In order to provide a sufficient overview on the different types of economies wherefrom the majority of dumped products originate, it is important to distinguish between the extent to which anti-dumping investigations are initiated on products originating in developed or undeveloped countries and the extent to which anti-dumping investigations are initiated on products originating in market economies versus non-market economies. The aforementioned extents for the period January 2011 until July 2013 are provided in figure .6. which is depicted hereunder.

Figure .6. Stage of development of economies of products subjected to A.-D. investigations in the E.U.

Source: the author’s calculations based on the database of the D.G. for Trade of the E.U. 1 1 1 17 1 1 3 2 1 1 1 1 1 2 1 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Taiwan DEVELOPED… Argentina Belarus (N.M.E.) India Kazakhstan (N.M.E.) Russia Thailand Ukraine (M.E.T. since…

Amount of original A.-D. investigations →

Stage and state of development of countries of origin of products whereupon the E.C. initiated A.-D. investigations.

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It is directly apparent from figure .6. that the European Commission initiated nearly all its anti-dumping investigations on the importation of products originating in developing countries. Furthermore figure .6. points out that the majority of original anti-dumping investigations which were initiated in the period January 2011 until July 2013 by the European Commission are directed towards the importation of goods originating in market economies. The aforementioned large extent of products originating in non-market economies predominantly originate in the P.R. of China and thus comes forth out of the fact that the P.R. of China still has not been granted the non-market economy status. The future evolution of the data in figure .6. might therefore shift drastically when the P.R. of China is granted the W.T.O.-market economy status in 2016. The aforementioned change in status of the P.R. of China is unlikely to drastically change the manner as to how the European Commission initiates anti-dumping investigations with respect to products originating in the P.R. of China for a change from non-market economy status to market economy status does by itself constitute a modification of the extent to which exporters are inclined to bring dumped products for free circulation into the domestic market for consumption of the European Union. On the other hand, if there exists a strong correlation between the extent to which dumping exists and the extent to which the European Commission initiated anti-dumping investigations, the P.R. of China’s evolution from developing to developed country shall have a negative bearing on the extent to which it exports dumped products into the domestic market for consumption of the E.U. In order to provide a full overview of the extent to which anti-dumping actions of the E.U. are retaliated, it is necessary to provide an overview of the evolution of the amount of definitive measures that are imposed by the European Union on the importation of dumped products and by other countries on products that are exported from the European Union into their domestic market for consumption. Figure .7. provides an overview of these deemed retaliatory effects on measures imposed by the Council of the European Union for the period January 2011 until July 2013. For the purpose of figure .7., definitive anti-dumping measures imposed on the importation of dumped goods originating in multiple countries were treated as separate impositions to the extent that it involved multiple countries.

Figure .7. Definitive A.-D. measures by the E.U. and against products from the E.U. per country

Source: the author’s calculations based on the database of the D.G. for Trade of the E.U. 9 3 8 10 10 5 0 1 2 3 4 5 6 7 8 9 10 11 2011 2012 Halfway 2013 Amount of measures → P er iod →

Amount of definitive A.-D. measures by and against the E.U.

Anti-circumvention measures are not taken into account.

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It appears that the amount of definitive anti-dumping measures that are imposed on the importation of products which originate in the E.U. remains stable regardless of the amount of definitive anti-dumping measures which the Council of the European Union imposed on the importation of products into the domestic market for consumption of the European Union. This can be deduced from the fact that the amount of definitive anti-dumping measures which are imposed on the importation of products which originate in the E.U. remains relatively unchanged during the whole period while the amount of definitive anti-dumping measures imposed by the Council of the E.U. on the importation of dumped goods into the Union’s domestic market for consumption heavily fluctuates during the same time-frame, with the most significant drop in 2012. Of course it is possible that exporting countries whereof exported products are subjected to anti-dumping measures retaliate through other means such as for instance the imposition of provisional measures, yet given the fact that the length of the imposition of definitive measures and provisional measures significantly differs, it seems inappropriate to broaden the comparison in figure .8.

It is essential to assess whether the evolution of the amount of anti-dumping measures which the European Union imposed is aligned with the evolution of the total amount of anti-dumping measures which are imposed globally. Theretofore figure .8. provides an overview of the amount of anti-dumping measures which the European Commission, the Council of the European Union and the world imposed in the period January 2011 until July 2013.

Figure .8. Amount of A.-D. measures imposed by the E.C., the Council and the rest of the world

Source: the author’s calculations based on the database of the D.G. for Trade of the E.U. and the W.T.O.

In the making of figure .8., anti-dumping measures which were imposed on the importation of dumped goods which originate in multiple countries were treated as separate impositions to the extent that it involved multiple countries. Data related to the amount of anti-dumping measures imposed by the rest of

87 114 9 8 4 9 3 8 0 5 10 15 20 25 30 35 40 45 50 55 60 65 70 75 80 85 90 95 100 105 110 115 120 E.U. 27

Rest of the world The year 2011: E.U. 27 Rest of the world The year 2012: E.U. 27 First half of 2013:

Amount of measures →

A.-D. measures imposed by the E.C., the Council and the rest of the world.

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the world in the period January 2013 until July 2013 were not yet released from the website of the W.T.O. and could therefore not be included. The percentage of anti-dumping measures imposed by the European Commission and the Council relatively to the rest of the world dropped dramatically from 20,7 % in 2011 to a staggering 9,6 % in 2012. This trend is not likely to continue as the European Union already imposed more anti-dumping measures in the first half of 2013 than it did in the whole of the year 2012. The aforementioned decrease came forth out of a decrease in the amount of anti-dumping measures that were imposed by the European Commission and the Council from 18 in 2011 to 11 in 2012 while the total amount of anti-dumping measures imposed by the rest of the world increased from 87 in 2011 to 114 in 2012. The decrease in the total amount of anti-dumping measures which were imposed by the European Commission and the Council predominantly came forth out of a decrease in the amount of definitive anti-dumping measures which were imposed by the Council of the European Union. Subsequent to an increase in the imposition of provisional measures as compared to definitive measures in 2012, an even-handed opposite increase in the amount of definitive measures which were imposed in the first half of 2013 is noticeable, giving leeway to the assumption that the provisional measures are followed up by definitive measures.

In order to provide an insight into the sectors of the European Union which most often incurred injury as a causal result of the importation of dumped products, it is necessary to provide an overview of the extent to which the E.U. imposed anti-dumping measures on different types of products. Figure .9. provides an overview of the extent to which the E.C. and the Council imposed provisional and definitive anti-dumping measures on different types of products in the period January 2011 until July 2013 according to their classification under the chapters of the Harmonized System Nomenclature.

Figure .9. Provisional & definitive A.-D. measures imposed by the E.C. & the Council of the E.U.

Source: the author’s calculations based on the preliminary and final regulations of the D.G. for Trade of the E.U. 2% 2% 2% 4% 6% 14% 32% 38%

Provisional & definitive A.-D. measures imposed by the E.C. & the Council.

Anti-circumvention measures are not taken into account.

16-24 Foodstuffs

44-49 Wood & Wood Products 84-85 Machinery / Electrical 06-15 Vegetable Products 25-27 Mineral Products 68-71 Stone / Glass

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P 26/ 238 Anti-dumping proceedings 04.10.2013

There are several possible distortions of the data wherewith figure .9. was created. On the one hand anti-dumping measures were sometimes imposed on imports originating in multiple countries. On the other hand a product whereupon an anti-dumping measure is imposed sometimes fell under multiple C.N. codes. The latter problem was solved by taking into account the different C.N. codes for a certain product whereupon anti-dumping measures were imposed to the extent that the H.S.2 chapter codes differed. The result thereof is that a product under investigation does not classify more than once under a H.S. chapter, thereby honoring the amount of products subject to an investigation. The former problem was solved by multiplying the H.S.2 codes belonging to a certain product to the extent that the measures were imposed on imports originating in different countries. It can be deduced from figure .9. that seventy per cent of the anti-dumping measures which the European Commission and the Council imposed on the importation of products during the period January 2011 until July 2013 related to either metal or chemical products. This tends to indicate that the metal and chemical sector of the Union’s industry incurred most often injury as causal result of dumped imports. Yet there are a lot of remarks to be placed with the aforementioned assumption. The large extent of anti-dumping measures imposed on imports of that relate to the metal and chemicals industry can inter alia come forth out of the fact that the domestic industry who by itself or through a representative requested the initiation of the A.-D. investigation which resulted in the imposition of measures, compromises a major proportion of the total domestic industry of the E.U. and thus is more likely to apply for the initiation of anti-dumping proceedings. Another reason might lay in the fact that certain sectors of the Union industry are less likely to lodge complaints due to a less active behavior with respect to the importation of dumped products, thereby diminishing the likelihood of the imposition of anti-dumping duties regardless of the extent to which these sectors of the Union industry incur injury as a causal result of the importation of dumped products.

1.1.2. Anti-dumping proceedings.

It is important to provide an insight into the extent to which the Members states to the W.T.O. against which the E.U. brought dumping disputes before the D.S.S. of the W.T.O. likewise brought dumping disputes against the E.U. Theretofore figure .10. provides a comparative insight into the anti-disputes that are brought before the D.S.S. of the W.T.O. during the period January 2011 until July 2013.

Figure .10. A.-D. disputes brought before the W.T.O. by and against the E.U. per Member

Source: the author’s calculations based on the database of the World Trade Organization

3 1 1 2 1 1 1 0 1 2 3 4 5 6 7

E.U. against other Members Other Members against

E.U.

Amount of disputes →

A.-D. disputes brought before the W.T.O. by and against the E.U. per Member

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04.10.2013 Anti-dumping proceedings P 238/ 27

Similarly to the initiation of original anti-dumping investigations and the imposition of anti-dumping measures, the largest amount of anti-dumping disputes which were brought by the European Union before the dispute settlement system of the W.T.O. were related to anti-dumping measures imposed by the P.R. of China on the exportation of products originating in the European Union. In fact 50 per cent of all anti-dumping disputes which were brought before the D.S.S. of the W.T.O. by the E.U. were directed against anti-dumping measures which were imposed by the P.R. of China. The foreshown figures tend to indicate that the E.U. and the P.R. of China “often” find themselves in trade conflicts with each other on matters related to dumping. Yet Argentina brought the largest amount of anti-dumping disputes against the E.U. in front of the D.S.S. of the W.T.O. Furthermore figure .10. tends to indicate a certain degree of tit-for-tat retaliation with respect to anti-dumping disputes in front of the D.S.S. of the W.T.O. After all either China or Argentina were party to a dispute in seven out of the ten disputes of figure .10.

Table .2. which is depicted hereunder gives an overview of the different anti-dumping disputes which were brought before the dispute settlement system of the W.T.O. in January 2011 until July 2013.

Table .2. A.-D. Disputes brought before the W.T.O. by and against the E.U. in 01-01-2011 until 01-07-2013

Anti-dumping Disputes brought before the W.T.O. by and against the E.U. January 2011 until July 2013

Case

I.D. Case name Complainant Defendant Consultations Initiated Status as of 30/06/2013 DS425

Definitive Anti-Dumping Duties on X-Ray Security Inspection Equipment from the E.U.

E.U. China 25 July 2011

Report adopted & recommendation to bring measure(s) into conformity.

DS424

Anti-Dumping Measures on Imports of Stainless Steel Sheet and Strip in Coils from Italy

E.U. United States 1 April 2011 In consultations.

DS426 Measures Relating to the Feed-in Tariff

Program E.U. Canada 11 August 2011

Report adopted & recommendation to bring measure(s) into conformity.

DS438 Measures Affecting the Importation of

Goods E.U. Argentina 25 May 2012 Panel composed.

DS460 Measures Imposing Anti-Dumping

Duties on H.P.-S.S.S.T. from the E. U. E.U. China 13 June 2013 In consultations.

DS432 Measures Related to the Exportation of

Rare Earths, Tungsten and Molybdenum E.U. China 13 March 2012 Panel composed.

DS452 Certain Measures Affecting the

Renewable Energy Generation Sector China E.U. 5 November 2012 In consultations.

DS443 Certain Measures Concerning the

Importation of Biodiesels Argentina E.U. 17 August 2012 In consultations.

DS442 Anti-Dumping Measures on Imports of

Certain Fatty Alcohols from Indonesia Indonesia E.U. 30 July 2012

Panel established, but not yet composed.

DS452 Certain Measures Affecting the

Renewable Energy Generation Sector China E.U. 5 November 2012 In consultations.

Note that by clicking on the case I.D. a direct link to the website of the W.T.O. is opened wherein detailed information with respect to the dispute is provided. Furthermore table .2. provides an overview of the defendants in disputes wherein the European Union was a complainant and the complainants in disputes where the European Union was defendant. Furthermore it provides the status of the disputes as of 30 June 2013. Surprisingly Members did not bring any anti-dumping disputes before the D.S.S. of the W.T.O. against the European Union in the year 2011 and the first half of 2013 while the European Union brought anti-dumping disputes before the D.S.S. of the W.T.O. in 2011, 2012 and the first half of 2013.

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P 28/ 238 Anti-dumping proceedings 04.10.2013

of the products involved and an as far as possible overview of anti-dumping cases which were initiated against products originating in the European Union. Figure .11. gives an accurate historical overview of all anti-dumping cases which were initiated by and against the E.U. during the period January 1978 until July 2013. Cases brought against countries who currently are Members states to the European Union were taken into account from the moment of their accession. The year from which data were collected up until December 2012 can be found behind the names of the countries which initiated anti-dumping cases against the E.U. while the overview for the European Union covers the period January 1978 until July 2013. Figure .11. All A.-D. proceedings initiated by and against the E.U. or its Members in 1978 until medio 2013

Source: the author’s calculations based on Bown, Chad P. (2012) “Global Anti-dumping Database”

Figure .11. tends to indicates that the United States initiated the largest amount of anti-dumping cases against the E.U. or its Members. When reading figure .11. it has to be taken into account that the date wherefrom anti-dumping cases which were initiated against exports from the E.U. were recorded, differs per country. Figure .11. indicates that even though the anti-dumping cases initiated by the P.R.C. against

150 53 42 34 34 34 33 32 24 22 21 21 17 14 13 12 12 _{10 10 10 9 9 8 8 7 7 7 10 10}13 16 21 36 37 39 41 49 66 79 81 110 247 0 10 20 30 40 50 60 70 80 90 100 110 120 130 140 150 160 170 180 190 200 210 220 230 240 250 C h ina S o ut h Ko rea Ind ia Jap an R uss ia Tai wan Th ai land Tur key Mala y si a Ind o n es ia U krai ne U .S .A. P o land C zec h R ep ub li c R o m an ia Bra zi l H o n g Ko ng Egyp t P aki st an S lo vaki a Bela rus S o ut h Afri ca H un gary L it h u an ia C ro at ia Mex ic o New Z ealand (1995 ) C o lo m b ia (1991 ) Tai wan (198 4 ) P aki st an (200 2) Tur key (198 9) S o ut h Ko rea (1 9 8 6 ) Is rael (199 1) C h ina (1997 ) Mex ic o (19 8 7) Ar g ent ina (19 8 9) Bra zi l ( 198 8 ) C an ada (19 8 5) S o ut h Afri ca (19 92) Ind ia (1992 ) Au st rali a (19 8 9) U .S .A. (198 0) Am ou n t of in it iated A. -D . p roceed in g s → Members →

All A.-D. proceedings initiated by and against the E.U. or its Members.

Countries with less than 7 investigations are left out.

An interim evaluation report of the EU trade defense mechanism, prepared for Unit H of DG trade EU

Tilburg University