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EU and US draw up lists of products for potential additional countermeasures in on-going trade dispute

24 April 2019

The European Commission’s consultation runs until 31 May 2019 on a preliminary list of products from the United States on which the European Union may take countermeasures  in the context of the ongoing Boeing dispute at the World Trade Organisation (WTO).

On 11 April 2019, the WTO adopted its final compliance report in the Boeing dispute, confirming that US subsidies to Boeing continue to cause significant harm to Airbus, including lost sales. The public consultation aims to gather feedback from stakeholders who may be affected by the planned measures. 

The list covers a range of items, from aircrafts to chemicals and agri-food products (including everything from frozen fish and citrus fruits to ketchup), that overall represent around USD20 billion of United States exports into the European Union. At an earlier stage of this dispute (in 2012), the EU made a request to the WTO to authorise the adoption of countermeasures worth up to USD12 billion, equivalent to the estimated damage caused to Airbus by the U.S. support to Boeing.

Among the list of proposed US exports to the EU are the following fresh produce:

07095910 fresh or chilled chanterelles

07095950 fresh or chilled truffles

07095990 fresh or chilled edible mushrooms (excl. chanterelles, flap mushrooms, mushrooms of the genus "agaricus" and truffles)

07142010 sweet potatoes, fresh, whole, for human consumption

07142090 sweet potatoes, fresh, chilled, frozen or dried, whether or not sliced or in the form of pellets (excl. fresh whole sweet potatoes used for human consumption)

08022200 fresh or dried hazelnuts or filberts "corylus spp.", shelled

08025200 fresh or dried pistachios, shelled

08029085 nuts, fresh or dried, whether or not shelled or peeled (excl. coconuts, brazil nuts, cashew nuts, almonds, hazelnuts, walnuts, chestnuts "castania spp.", pistachios, pecans, areca "betel" nuts, cola nuts, pine nuts and macadamia nuts)

08041000 fresh or dried dates

08045000 fresh or dried guavas, mangoes and mangosteens

08054000 fresh or dried grapefruit

08061010 fresh table grapes

08119050 fruit of species vaccinium myrtillus, uncooked or cooked by steaming or boiling in water, frozen, unsweetened

08119070 fruit of species vaccinium myrtilloides and vaccinium angustifolium, uncooked or cooked by steaming or boiling in water, frozen, unsweetened

08119075 sour cherries "prunus cerasus", whether or not boiled or steamed, frozen, not containing sugar or other

sweetening matter

08119080 cherries, whether or not boiled or steamed, frozen, not containing added sugar or other sweetening matter (excl. sour cherries "prunus cerasus")

08119085 guavas, mangoes, mangosteens, papaws "papayas", tamarinds, cashew apples, lychees, jackfruit, sapodillo plums, passion fruit, carambola, pitahaya, coconuts, cashew nuts, brazil nuts, areca "betel" nuts, cola nuts and macadamia nuts, uncooked or cooked by steaming or boiling in water, frozen, not containing added sugar or other sweetening matter.

A WTO appointed arbitrator will determine the exact appropriate level of countermeasures. The EU is taking steps towards requesting the arbitrator to resume its work. A final list, based on the products included, will be drawn up by the EU taking into account the arbitrator's decision in the near future.


US proposes list for additional duties

The Office of the United States Trade Representative (USTR) has identified products imported from the EU to which additional duties may be applied until the EU removes subsidies to Airbus.  USTR has released for public comment a preliminary list of EU products. This list includes the following fresh produce:

0805.10.00 ............... Oranges, fresh or dried.

0805.21.00 ............... Mandarins and other similar citrus hybrids including tangerines, satsumas, clementines, wilkings, fresh or dried.

0805.22.00 ............... Clementines, fresh or dried, other.

0805.29.00 ............... Wilkings and similar citrus hybrids, fresh or dried, other.

0805.40.80 ............... Grapefruit, fresh or dried, if entered during the period November 1 through the following July 31, inclusive.

0805.50.20 ............... Lemons, fresh or dried.

0805.50.30 ............... Tahitian lines, Persian limes and other limes of the Citrus latifolia variety, fresh or dried.

0805.50.40 ............... Limes of the Citrus aurantifolia variety, fresh or dried.

0805.90.01 ............... Citrus fruit, not elsewhere specified or included, fresh or dried, including kumquats, citrons and bergamots.


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