In a Notice published in the Official Journal of the European Union on April 29, 2017, the EU has announced its imposition of an additional 4.3% ad valorem import duty on certain products of U.S. origin, as part of its ongoing dispute with the United States over the Continued Dumping and Subsidy Offset Act (commonly referred to as “the Byrd Amendment”).
The scope of the goods covered by this announcement is defined in terms of EU tariff numbers:
0710 40 00 (Frozen Vegetables: Sweetcorn)
9003 19 30 (Frames and mountings for spectacles, goggles or the like, not of plastic)
8705 10 00 (Special purpose motor vehicles, other than those principally designed for the transport of persons or goods: Crane lorries)
6204 62 31 (Women’s woven cotton trousers, of denim)
To be subject to this action, goods must be both of U.S. origin and classifiable within one of the above tariff provisions.
If you have any questions regarding the impact of this EU announcement, please do not hesitate to contact Arthur W. Bodek or any of our other partners.
 Under the Byrd Amendment, the United States distributed additional duties collected in antidumping duty cases to domestic interests that supported such cases (as opposed to directing such funds to the government’s coffers). This practice has been found by the World Trade Organization (“WTO”) to be inconsistent with U.S. international trade obligations, thereby allowing aggrieved trading partners (including the EU) to impose additional duties on U.S. imports in an amount intended to offset such harm. Although the law has been repealed, residual amounts are still being distributed by the United States, in contravention of the WTO decision.