United States — Sunset Reviews of Anti-Dumping and Countervailing Duties on Certain Steel Products from France and Germany

Consultations

Complaint by the European Communities.

On 25 July 2002 the EC requested consultations with the US regarding anti-dumping and countervailing duties imposed by the US, further to sunset review proceedings, on imports of (1) corrosion-resistant carbon steel flat products (“corrosion resistant steel”) from France (A-427-808 and C-427-810) and Germany (A-428-815 and C-428-817) and (2) cut-to-length carbon steel plate (“cut-to-length steel”) from Germany (A-428-816 and C-428-817). The EC refers in particular to:

• the final results of the sunset reviews by the US Department of Commerce (the “DOC”) of the anti-dumping duty orders on corrosion-resistant steel from France and from Germany and of the countervailing duty order on corrosion-resistant steel from France;
• the determinations of the US International Trade Commission (the “ITC”) on the sunset reviews of the anti-dumping and countervailing duties on cut-to-length steel from Germany and on corrosion resistant steel from France and Germany; and
• certain provisions and procedures contained in Sections 751 (c) and 752 of the Tariff Act of 1930 (the “Act”), in the implementing regulations and in the Policy Bulletin issued by the DOC.

In its request for consultations, the EC considered that these determinations resulting in the continuation of the duties are erroneous and based on deficient rulings, procedures and provisions pertaining to the Act and related regulations. The EC considered that the above determinations are not in conformity with the obligations of the US under Articles 1, 2, 3, 5, 6 (including annex II), 11.1, 11.3, 11.4,18.3 and 18.4 of the Anti-Dumping Agreement; Articles 10, 11, 12, 15, 21.1, 21.3, 21.4, 32.3 and 32.5 of the SCM Agreement; Articles VI and X of the GATT 1994; and Article XVI:4 of the WTO Agreement.

On 7 and 8 August 2002 respectively Canada and Japan requested to join the consultations.