The EU, as a result of the United States’ failure to bring the Continued Dumping and Subsidy Offset Act (‘CDSOA’) in compliance with its obligations under the World Trade Organization (‘WTO’) agreements, was authorised to impose an additional customs duty on certain products of the United States. In conformity with the WTO authorisation to suspend the application of concessions to the United States, the Commission is to adjust the level of suspension annually to the level of nullification or impairment caused by the CDSOA to the EU at that time. In Regulation (EU) 2018/196, the amount was set at 4,3%.
In 2020, the level of suspension was adjusted to 0,012 % ad valorem additional customs duty and Regulation (EU) 2018/196 was amended accordingly. Commission Delegated Regulation (EU) 2021/704 of 26 February 2021, published in the 29 April Official Journal states that The CDSOA disbursements for the most recent year for which data are available relate to the distribution of anti-dumping and countervailing duties collected during the Fiscal Year 2020 (1 October 2019–30 September 2020). On the basis of the data published by the United States’ Customs and Border Protection, the level of nullification or impairment caused to the Union is calculated at USD 236 314,72. Regulation (EU) 2018/196 has therefore been amended to impose an additional duty of these products at 0,1% from 1 May 2021: 0710 40 00, Ex9003 19 00 (frames and mountings of base metals), 8705 10 00 and 6204 62 31.