Anti-Dumping Duties on Frozen Fries
from Belgium, Germany and the Netherlands
Request for the Establishment of a Panel by the European Union
The following communication, dated 17 February 2020, from the delegation of the European Union to the Chairperson of the Dispute Settlement Body, is circulated pursuant to Article 6.2 of the DSU.
On 15 November 2019, the European Union requested consultations with the government of the Republic of Colombia (Colombia) pursuant to Articles 1 and 4 of the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU), Article 17 of the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 (Anti-Dumping Agreement), Article 19 of the Agreement on Implementation of Article VII of the General Agreement on Tariffs and Trade 1994 (Customs Valuation Agreement) and Article XXIII of the General Agreement on Tariffs and Trade 1994 (GATT 1994) concerning the imposition of anti-dumping (AD) duties on certain imports of potatoes, prepared or preserved (otherwise than by vinegar or acetic acid), frozen (frozen fries), originating in Belgium, Germany and the Netherlands (the countries concerned).
The consultations took place on 15 and 16 January 2020 in Geneva with a view to reaching a satisfactory settlement of the matter. Unfortunately, they failed to settle the dispute. The European Union therefore requests that a panel be established pursuant to Articles 4.7 and 6 of the DSU, Article 17.4 of the Anti-Dumping Agreement, Article 19 of the Customs Valuation Agreement and Article XXIII of GATT 1994, to examine the matter based on the standard terms of reference, as set out in Article 7.1 of the DSU.
The measures at issue are the anti-dumping duties imposed by Colombia on imports of potatoes, prepared or preserved (otherwise than by vinegar or acetic acid), frozen, classified under tariff sub-heading 2004.10.00.00 originating in Belgium, Germany and the Netherlands ("products under investigation"). The measures at issue include, and are evidenced by, the following instruments/documents:
 WT/DS591/1, G/ADP/D133/1, G/VAL/D/14, G/L/1339.