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US EXPORTS TO EU PENALIZED

FSC: EU STARTS COUNTERMEASURES ON US PRODUCTS 

The EU, armed with a WTO decision banning US Foreign Sales Corporations (FSCs) and the inability for Congress and the President to pass conforming legislation have begun to assess punitive additional duties on selected imports from the US.  

The additional duties consist of an additional customs duty of 5%, followed by automatic monthly increases of 1% up to a ceiling of 17% to be reached on 1 March 2005, if compliance has not happened in the meantime.

The WTO found the FSC to constitute an illegal export subsidy. The US was then given until 1 November 2000 to withdraw the FSC scheme. On 7 May 2003 the WTO endorsed the EU request for countermeasures for a level roughly equal to the estimated annual US subsidy, i.e., US $4 billion. The EU had, however, avoided any immediate recourse to retaliation so as to give a reasonable time for the US Administration and Congress to adopt the necessary legislation for the repeal of FSC.

For further information please view the Official Journal of the European Union (pdf)