USTR Issues Modified List of Products Subject to Retaliatory Measures in EC-Beef Hormone Case Effective March 23, 2009

January 15, 2009

The Office of the U.S. Trade Representative (USTR) has announced that it has finalized the list of modifications to European Union (EU) products with additional duties in connection with the World Trade Organization’s (WTO) dispute settlement rulings in the EU – Beef Hormones dispute.  In 1998, the WTO found that the European Council’s (EC) ban on imports of U.S. meat and meat products that had been treated with certain hormones for growth promotion was inconsistent with EC obligations under the WTO Agreement.   As a result, the WTO authorized the U.S. to suspend tariff concessions and related obligations in an amount of $116.8 million per year.

Pursuant to that authorization, USTR announced a list of items that would be subject to 100 percent rate of duty when imported from any of the EC’s member countries effective July 27, 1999 (see 64 FR 40638). Section 307 of the 1974 Trade Act provides for periodic review of actions taken in connection with the WTO for purposes of analyzing the effectiveness of such actions and other actions that could be taken, and the effects of such actions on the U.S. economy.

In response to that review, USTR is modifying the 1999 list to add and remove products subject to increased duties, change the EU member states whose products are subject to duties, and for one product, increase the level of duties. USTR is hopeful that these modifications will encourage the EU to remove its unfair barriers to U.S. exports of beef.

The effective date for these modifications is March 23, 2009.   A list of the EU products that will be subject to increased duties on March 23, 2009 is available here.