  
 WORLD TRADE  
ORGANIZATION  WT/DS313/2 
G/L/701 
G/ADP/D55/2 
27 October 2004 
 
 (04-4563) 
 Original:   English 
 
 
 
EUROPEAN COMMUNITIES – ANTI-DUMPING DUTIES ON 
CERTAIN FLAT ROLLED IRON OR NON-ALLOY STEEL PRODUCTS 
FROM INDIA 
 
Notification of Mutually Agreed Solution  
  
 The following communication, dated 22 Octobe r 2004, from the delegation of India and the 
delegation of the European Communities to the Ch airperson of the Dispute Settlement Body, is 
circulated pursuant to Article 3.6 of the DSU. 
 
_______________  
 
  
 India and the European Communities wish to notify the Dispute Settlement Body that they 
have reached a mutually satisfactory solution to th e matter raised by India in document WT/DS313/1 
dated 8 July 2004.  The measure which was addressed  in the document referred to above has in the 
meantime been terminated by Council Regulation (EC) N° 1615/2004 of 13 September 2004   (O.J.  
L 294, 17.09.2004 p. 1) of which a copy is attached. 
 
    
 
 
(signed) (signed) 
Rajiva Misra C. Trojan 
Chargé d'Affaires Ambassador, Permanent Representative 
For India For the European Communities 
 
  
  
 WT/DS313/2 
G/L/701 G/ADP/D55/2 
Page 2 
   
COUNCIL REGULATION (EC) No 1615/2004 
 
of 13 September 2004 
 
terminating the anti-dumping proceedings concernin g imports of certain flat-rolled products of  
iron or non-alloy steel, of a width of 600mm or more, not clad, plated or coated, in coils, not 
further worked than hot-rolled, originating in  India, Taiwan and Serbia and Montenegro 
 
THE COUNCIL OF THE EUROPEAN UNION,  Having regard to the Treaty establishing the European Community,  
Having regard to Council Regulation (EC) No  384/96 of 22December 1995 on protection against 
dumped imports from countries not members of the European Community
1  (hereinafter referred to as 
the Basic Regulation), and in particular Article 9(5) thereof,  Having regard to Council Regulation (EC) No 963/2002 of3 June 2002 la ying down transitional 
provisions concerning anti-dumping and anti-subs idy measures adopted pursuant to Commission 
Decision No 2277/96/ECSC and No 1889/98/ECSC as well as pending anti-dumping and anti subsidy 
investigations, complaints and app lications pursuant to those Decisions
2 , 
 Having regard to the proposal submitted by the Commission after consulting the Advisory Committee, 
 
Whereas:  
1. LEGAL BASIS 
 
(1)  The Treaty establishing the European Coal and Steel Community (ECSC Treaty) expired on 
23 July 2002.Products, which were previously cove red by the ECSC Treaty, are subject to the 
Treaty establishing the European Community since 24 July 2002. Further to Regulation (EC) 
No 963/2002, all anti-dumping investigations pending  at that date are therefore now governed 
by the Basic Regulation. 
 
2. MEASURES IN FORCE 
 
(2)  In February 2000, by Commission Decision No 283/2000/ECSC
3, the Commission imposed 
definitive anti dumping duties on imports of certa in flat-rolled products  of iron or non-alloy 
steel, of a width of600mm or more, not clad, pl ated or coated, in coils, not further worked 
than hot-rolled (hereinafter referred to as hot-r olled coils), originating in Bulgaria, India, 
Taiwan, South Africa, and Serbia and Montenegro. 
   
                                                     
 
1 OJ L 56, 6.3.1996, p. 1.  Regulation as last amended by Regulation (EC) N° 461/2004 (OJ L 77, 
13.3.2004, p. 12). 
2 OJ L 149, 7.6.2002, p. 3, Regulation as amended by Regulation (EC) N° 1310/2002 (OJ L 192, 
20.7.2002, p. 9). 
3 OJ L 31, 5.2.2000, p. 15.  Decision as last amended by Council Regulation (EC) N° 778/2003 (OJ 
L 114, 8.5.2003, p. 1).  WT/DS313/2 
 G/L/701 
 G/ADP/D55/2 
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3. TERMINATION OF THE PROCEEDINGS 
 
(3)  Pursuant to Article 5 of Decision No 2277/96/ECSC
4 (the ECSC Decision), the Commission 
on 20 December 2001 announced by a notice published in the Official Journal of the  
European Communities5 the initiation of an anti-dumping pr oceeding with regard to imports 
into the Community of hot-rolled coils origina ting in Egypt, Hungary, Iran, Libya, Slovakia 
and Turkey. 
 
(4)  Pursuant to Article 11(3) of the ECSC Decision, the Commission on 20 December 2001 
announced by a notice published in the Official Journal of the European Communities6 , the 
initiation of a review of the definitive anti-dumping duties and undertakings imposed by Commission Decision No 283/2000/ECSC as amended by Commission Decision No 1043/2002/ECSC
7 on imports of hot-rolled coils originating in Bulgaria and South Africa. 
 
 (5)  The Commission, after investigation, pr oposed that the Council impose definitive anti-
dumping measures on imports of hot-rolled coils or iginating in Egypt, Slovakia and Turkey. 
However, the Council did not adopt the proposal w ithin the time limits laid down in the Basic 
Regulation. As a result, definitive measur es were not imposed on imports from Egypt, 
Slovakia and Turkey. 
 
(6)  It is a general, fundamental principle of Co mmunity law to treat sim ilar situations in a non 
discriminatory way. This principle is reflected by Article 9(5) of the Basic Regulation, which provides that anti-dumping duties are to be imposed on a non-discriminatory basis on imports of a product from all sources found to be dumped and causing injury. 
 
(7)  Therefore, it was concluded that, in the absence of measures on the imports originating in 
Egypt, Slovakia and Turkey, the imposition of any measures on imports originating in 
Bulgaria and South Africa as a result of the revi ew mentioned in recital 4 would have been 
discriminatory towards these two countries. 
 
(8)  By Council Regulation (EC) No 1616/2004
8, the Council therefore terminated the review 
mentioned under recital 4 wit hout imposing any measures on imports of hot-rolled coils 
originating in Bulgaria and South Africa. 
 (9)  Decision 283/2000/ECSC imposed definitive an tidumping duties also on imports of hot-rolled 
coils originating in India, Taiwan and Serbia and Montenegro. 
 (10) In order to ensure a coherent approach and to respect the abovementioned principle of non-
discrimination as reflected by Article 9(5) of th e Basic Regulation, it is therefore necessary to 
terminate the existing antidumping proceedi ngs concerning imports of hot-rolled coils 
originating in Taiwan, India and Serbia and Montenegro. 
 
(11)  The investigation concerning, inter alia , Egypt, Slovakia and Turkey had to be concluded on 
20 March 2003, either by the imposition of measur es or the termination of the proceedings. 
Given that the same treatment should be applied to the imports originating in Taiwan, Serbia 
                                                     
 
4 OJ L 308, 29.11.1996, p. 11.  Decision as la st amended by Commission Decision N° 435/2001/ECSC 
(OJ L 63, 3.3.2001, p. 14). 
5 OJ C 364, 20.12.2001, p. 5. 
6 OJ C 364, 20.12.2001, p. 8. 
7 OJ L 157, 15.6.2002, p. 45. 
8 See page 3 of this Official Journal. WT/DS313/2 
G/L/701 G/ADP/D55/2 
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and Montenegro, and India, the anti-dumping proceedings concerning imports of hot-rolled 
coils originating in these three countries should be  terminated with retroactive effect as from 
20 March 2003, 
 
HAS ADOPTED THIS REGULATION:  
Article 1 
 The anti-dumping proceedings concerning imports of cer tain flat-rolled products  of iron or non-alloy 
steel, of a width of600mm or more, not clad, plated or coated, in coils, not further worked than hot-
rolled originating in Taiwan, Serbia and Montenegro, and India are hereby terminated. 
 
Article 2 
 
This Regulation shall enter into force on the day following that of its publication in the Official 
Journal of the European Union . 
 It shall apply from 20 March 2003.  
 
This Regulation shall be binding in its entirety and directly applicable in all Member States. 
  
Done at Brussels, 13 September 2004. 
 
   For the Council 
   The President 
   B. R. BOT 
 
__________ 
 
 