International Trade Law News

Published by Jacobson Burton Kelley PLLC

On November 26, 2004, the World Trade Organization's (WTO) Dispute Settlement Body gave the European Union and several other countries formal approval to impose increased duties against U.S. products as a result of the failure of the U.S. to repeal the so-called "Byrd Amendment." The Byrd Amendment, formally known as the Continued Dumping and Subsidy Offset Act of 200, was held in January 2003 to be a non-permissible action that was contrary to several articles of the GATT 1994, the WTO Anti-Dumping Agreement and the WTO Agreement on Subsidies and Countervailing Measures.

Brazil, Canada, Chile, the EU, India, Japan, Mexico and South Korea have been authorized by the WTO to imposed retaliatory measures against U.S. products. However, only the EU, India, Japan and South Korea have so far submitted to the WTO lists of U.S. products that could be subject to sanctions. Canada has proposed two retaliatory options: tariffs against "certain imports" from the U.S., and easier imposition of anti-dumping and countervailing duties against U.S. goods. The EU has indicated that the sanctions could be applied early next year.

The following is a summary of the products included on the lists submitted by the EU, India, Japan and South Korea:

EU: Sweet corn, Paper facial tissues, Diaries with calendars, Blotting pads, Anoraks, Overcoats, Trousers, Dresses, Sweaters, Cotton rugs, Sneakers, Metal frames for eyeglasses, Hand drills, Crane trucks, Photocopiers, Plastic furniture, Mobile homes.

India: Fresh or dried unshelled almonds, Pistachios, Raisins, Soybean oil, Bulgur wheat.

Japan: Salmon, Lobster, Certain Chemicals, Vitamins, Cement, Plastic kitchenware,
Petroleum spirits, Blazers, Blouses, Pantyhose, Suits, Steel ingots, Flat-rolled iron and steel, Steel bars, Copper plates and sheets, Ball bearings, Drill heads, Piston engines, Vacuum pumps, Electric motors, Bicycles, Calculators, Televisions, Lens filters, Sunglasses, Microscopes, Mattresses.

South Korea: Cod, Monkfish, Glassware and Detergent.

The actual lists submitted by the EU, India, Japan and South Korea, which contain the Harmonized Tariffs Schedule codes of the affected products, can be found at the following link: www.djacobsonlaw.com/documents/Byrdamendmentlists.pdf.

U.S. exporters are encouraged to check these lists to determine whether their products are included or not.