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IP/04/1410

Brussels, 26 November 2004

US Byrd Amendment: WTO authorises retaliation – US urged to conform to WTO ruling

The EU, alongside six WTO members (Brazil, Canada, India, Korea, Japan and Mexico), today received WTO authorisation to impose retaliatory measures against the US for failing to bring its legislation into conformity with its international trade obligations. This was a formal step before retaliatory measures could be imposed. These measures will take the form of additional import duties on wide variety of US products from an indicative list approved by the WTO that includes machinery, foodstuffs, textiles and paper products (see below). The EU has urged the US to avoid retaliation by complying with its international obligations.

The Continued Dumping and Subsidy Offset Act of 2000 (the ‘Byrd Amendment’) mandates the distribution of anti-dumping and countervailing duties to the US companies that brought or supported the complaints. It creates an undue incentive for US industries to seek the imposition of duties on imported goods, improving their competitive position and assisting them in the form of cash payments. The WTO ruled that this constituted a double penalty on non-US competitors; it ruled the Byrd Amendment illegal in January 2003.

A total of US $ 231 million was distributed in 2001 and around US $ 330 million in 2002. Information published indicates that distribution for 2003 would amount to about US $ 240 million.

If the US does not bring its legislation into conformity with its international obligations the EU would impose retaliatory measures early in 2005.

Annex: list of products

The products covered by the list are determined by the product description of the European Communities’ tariff and statistical nomenclature corresponding to the eight-digit product codes (Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff as last amended by Commission Regulation (EC) No 1810/2004, OJ L 327, 30.10.2004, p. 1). The descriptions hereunder are given for information purposes only.

CN codes
Description of products
07104000
Sweetcorn, uncooked or cooked by steaming or by boiling in water, frozen
48030031
Creped paper for household or sanitary purposes and webs of cellulose fibres 'tissues', in rolls of a width > 36 cm or in square or rectangular sheets with one side > 36 cm and the other side > 15 cm in the unfolded state, weighing <= 25 g/m¦ per ply
48182010
Handkerchiefs, cleansing or facial tissues and towels, of paper pulp, paper, cellulose wadding or webs of cellulose fibres
48183000
Tablecloths and serviettes of paper pulp, paper, cellulose wadding or webs of cellulose fibres
48185000
Articles of apparel and clothing accessories, of paper pulp, paper, cellulose wadding or webs of cellulose fibres (excl. footware and parts thereof, incl. insoles, heel pieces and similar removable products, gaiters and similar products, headgear and parts thereof)
48201050
Diaries with calendars, of paper or paperboard
48201090
Writing pads and the like, of paper or paperboard
48203000
Binders (other than book covers), folders and file covers, of paper or paperboard
48205000
Albums for samples or collections, of paper or paperboard
48209000
Blotting pads and similar articles of stationery, of paper and paperboard, and book covers of paper or paperboard (excl. registers, account books, Note books, order books, receipt books, letter pads, memorandum pads, diaries, exercise books, binders, folders, file covers, manifold business forms and interleaved carbon sets, and albums for samples or for collections)
61013010
Men's or boys' overcoats, car-coats, capes, cloaks and similar articles of man-made fibres, knitted or crocheted
61013090
Men's or boys' anoraks, incl. ski-jackets, wind-cheaters, wind-jackets and similar articles of man-made fibres, knitted or crocheted (excl. suits, ensembles, jackets, blazers, bib and brace overalls and trousers)
61023010
Women's or girls' overcoats, car-coats, capes, cloaks and similar articles of man-made fibres, knitted or crocheted
61023090
Women's or girls' anoraks, incl. ski-jackets, wind-cheaters, wind-jackets and similar articles, of man-made fibres, knitted or crocheted (excl. suits, ensembles, jackets, blazers, dresses, skirts, divided skirts, trousers, bib and brace overalls)
61034300
Men's or boys' trousers, bib and brace overalls, breeches and shorts (other than swimwear), knitted or crocheted, of synthetic fibres.
61044300
Women's or girls' dresses of synthetic fibres, knitted or crocheted (excl. petticoats)
61046300
Women's or girls' trousers, bib and brace overalls, breeches and shorts (other than swimwear), knitted or crocheted, of synthetic fibres.
61051000
Men's or boys' shirts of cotton, knitted or crocheted (excl. nightshirts, T-shirts, singlets and other vests)
61052010
Men's or boys' shirts of synthetic fibres, knitted or crocheted (excl. nightshirts, T-shirts, singlets and other vests)
61052090
Men's or boys' shirts of artificial fibres, knitted or crocheted (excl. nightshirts, T-shirts, singlets and other vests)
61061000
Women's or girls' blouses, shirts and shirt-blouses of cotton, knitted or crocheted (excl. T-shirts and vests)
61101110
Jerseys and pullovers containing >= 50% by weight of wool and weighing >= 600 g/article, knitted or crocheted
61101130
Men's or boys' jerseys, pullovers, cardigans, waistcoats and similar articles, of wool, knitted or crocheted (excl. jerseys and pullovers containing >= 50% by weight of wool and weighing >= 600 g/article, amd wadded waistcoats)
61101190
Women's or girls' jerseys, pullovers, cardigans, waistcoats and similar articles, of wool, knitted or crocheted (excl. jerseys and pullovers containing >= 50% by weight of wool and weighing >= 600 g/article, and wadded waistcoats)
61101210
Jerseys, pullovers, cardigans, waistcoats and similar articles, of hair of Kashmir 'cashmere' goats, knitted or crocheted, for men or boys (excl. quilted articles)
61101290
Jerseys, pullovers, cardigans, waistcoats and similar articles, of hair of Kashmir 'cashmere' goats, knitted or crocheted, for women or girls (excl. quilted articles)
61101910
Jerseys, pullovers, cardigans, waistcoats and similar articles, of fine animal hair, knitted or crocheted, for men or boys (excl. from hair of Kashmir 'cashmere' goats and quilted articles)
61101990
Jerseys, pullovers, cardigans, waistcoats and similar articles, of fine animal hair, knitted or crocheted, for women or girls (excl. from hair of Kashmir 'cashmere' goats and quilted articles)
61102010
Lightweight fine knit roll, polo or turtle neck jumpers and pullovers of cotton, knitted or crocheted
61102091
Men's or boys' jerseys, pullovers, cardigans, waistcoats and similar articles, of cotton, knitted or crocheted (excl. lightweight fine knit roll, polo or turtle neck jumpers and pullovers and wadded waistcoats)
61102099
Women's or girls' jerseys, pullovers, cardigans, waistcoats and similar articles, of cotton, knitted or crocheted (excl. lightweight fine knit roll, polo or turtle neck jumpers and pullovers and wadded waistcoats)
61103010
Lightweight fine knit roll, polo or turtle neck jumpers and pullovers of man-made fibres, knitted or crocheted
61103091
Men's or boys' jerseys, pullovers, cardigans, waistcoats and similar articles, of man-made fibres, knitted or crocheted (excl. lightweight fine knit roll, polo or turtle neck jumpers and pullovers and wadded waistcoats)
61103099
Women's or girls' jerseys, pullovers, cardigans, waistcoats and similar articles, of man-made fibres, knitted or crocheted (excl. lightweight fine knit roll, polo or turtle neck jumpers and pullovers and wadded waistcoats)
61109010
Jerseys, pullovers, cardigans, waistcoats and similar articles, of flax or ramie, knitted or crocheted (excl. wadded waistcoats)
61109090
Jerseys, pullovers, cardigans, waistcoats and similar articles, of textile materials, knitted or crocheted (excl. of man-made fibres, wool, fine animal hair, cotton, flax or ramie, and wadded waistcoats)
62011210
Men's or boys' overcoats, raincoats, car-coats, capes, cloaks and similar articles, of cotton, of a weight per garment of <= 1 kg (excl. knitted or crocheted)
62011290
Men's or boys' overcoats, raincoats, car-coats, capes, cloaks and similar articles, of cotton, of a weight per garment of > 1 kg (excl. knitted or crocheted)
62011310
Men's or boys' overcoats, raincoats, car-coats, capes, cloaks and similar articles, of man-made fibres, of a weight per garment of <= 1 kg (excl. knitted or crocheted)
62011390
Men's or boys' overcoats, raincoats, car-coats, capes, cloaks and similar articles, of man-made fibres, of a weight per garment of > 1 kg (excl. knitted or crocheted)
62019200
Men's or boys' anoraks, incl. ski-jackets, wind-cheaters, wind-jackets and similar articles, of cotton (excl. knitted or crocheted, suits, ensembles, jackets, blazers and trousers)
62019300
Men's or boys' anoraks, incl. ski-jackets, wind-cheaters, wind-jackets and similar articles, of man-made fibres (excl. knitted or crocheted, suits, ensembles, jackets, blazers and trousers)
62021100
Women's or girls' overcoats, raincoats, car-coats, capes, cloaks and similar articles, of wool or fine animal hair (excl. knitted or crocheted)
62029300
Women's or girls' anoraks, incl. ski-jackets, wind-cheaters, wind-jackets and similar articles, of man-made fibres (excl. knitted or crocheted, suits, ensembles, jackets, blazers and trousers)
62034231
Men's or boys' trousers and breeches of cotton denim (excl. knitted or crocheted, industrial and occupational, bib and brace overalls and underpants)
62034311
Men's or boys' trousers and breeches of synthetic fibres, industrial and occupational (excl. knitted or crocheted and bib and brace overalls)
62034319
Men's or boys' trousers and breeches of synthetic fibres (excl. knitted or crocheted, industrial and occupational, bib and brace overalls and underpants)
62034390
Men's or boys' shorts of synthetic fibres (excl. knitted or crocheted, underpants and swimwear)
62044200
Women's or girls' dresses of cotton (excl. knitted or crocheted and petticoats)
62044300
Women's or girls' dresses of synthetic fibres (excl. knitted or crocheted and petticoats)
62044400
Women's or girls' dresses of artificial fibres (excl. knitted or crocheted and petticoats)
62044910
Women's or girls' dresses of silk or waste silk (excl. knitted or crocheted and petticoats)
62046231
Women's or girls' cotton denim trousers and breeches (excl. industrial and occupational, bib and brace overalls and panties)
62046311
Women's or girls' trousers and breeches, of synthetic fibres, industrial and occupational (excl. knitted or crocheted and bib and brace overalls)
62046318
Women's or girls' trousers and breeches, of synthetic fibres (not of cut corduroy, of denim or knitted or crocheted and excl. industrial and occupational clothing, bib and brace overalls, briefs and track suit bottoms)
62046390
Women's or girls' shorts of synthetic fibres (excl. knitted or crocheted, panties and swimwear)
62046918
Women's or girls' trousers and breeches, of artificial fibres (not of cut corduroy, of denim or knitted or crocheted and excl. industrial and occupational clothing, bib and brace overalls, briefs and track suit bottoms)
62046990
Women's or girls' trousers, bib and brace overalls, breeches and shorts of textile materials (excl. of wool, fine animal hair, cotton or artificial fibres, knitted or crocheted, panties and swimwear)
62052000
Men's or boys' shirts of cotton (excl. knitted or crocheted, nightshirts, singlets and other vests)
62053000
Men's or boys' shirts of man-made fibres (excl. knitted or crocheted, nightshirts, singlets and other vests)
62063000
Women's or girls' blouses, shirts and shirt-blouses of cotton (excl. knitted or crocheted and vests)
62064000
Women's or girls' blouses, shirts and shirt-blouses of man-made fibres (excl. knitted or crocheted and vests)
63013010
Blankets and travelling rugs of cotton, knitted or crocheted (excl. electric, table covers, bedspreads and articles of bedding and similar furnishing of heading 9404)
63013090
Blankets and travelling rugs of cotton (excl. knitted or crocheted, electric, table covers, bedspreads and articles of bedding and similar furnishing of heading 9404)
63014010
Blankets and travelling rugs of synthetic fibres, knitted or crocheted (excl. electric, table covers, bedspreads and articles of bedding and similar furnishing of heading 9404)
63014090
Blankets and travelling rugs of synthetic fibres (excl. knitted or crocheted, electric, table covers, bedspreads and articles of bedding and similar furnishing of heading 9404)
64021900
Sports footwear with outer soles and uppers of rubber or plastics (excl. waterproof footwear of heading 6401, ski-boots, cross-country ski footwear, snowboard boots and skating boots with ice or roller skates attached)
64031900
Sports footwear, with outer soles of rubber, plastics, leather or composition leather and uppers of leather (excl. ski-boots, cross-country ski footwear, snowboard boots and skating boots with ice or roller skates attached)
64041100
sports footwear, incl. tennis shoes, basketball shoes, gym shoes, training shoes and the like, with outer soles of rubber or plastics and uppers of textile materials
84672199
Drills of all kinds for working in the hand, with self-contained electric motor operating with an external source of power (excl. electropneumatic drills)
87051000
Crane lorries (excl. breakdown lorries)
90031930
Frames and mountings for spectacles, goggles or the like, of base metal
90091100
Electrostatic photocopying apparatus, operating by reproducing the original image directly onto the copy [direct process]
90091200
Electrostatic photocopying apparatus, operating by reproducing the original image via an intermediate onto the copy [indirect process]
94037090
Furniture of plastic (excl. for civil aircraft, medical, dental, surgical or veterinary, and seats)
94060011
Mobile homes
94060038
Buildings, prefabricated, whether or not complete or already assembled, made entirely or mainly of iron or steel (excl. Mobile homes and greenhouses)
96081010
Ball-point pens with liquid ink


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