United States - Countervailing Measures Concerning Certain Products from the European Communities - Recourse to Article 21.5 of the DSU by the European Communities - Final Report of the Panel

World Trade Organization WT/DS212/RW 17 August 2005 (05-3547) Original: English UNITED STATES – COUNTERVAILING MEASURES CONCERNING CERTAIN PRODUCTS FROM THE EUROPEAN COMMUNITIES Recourse to Article 21.5 of the DSU by the European Communities Final Report of the Panel TABLE OF CONTENTS Page I. introduction 1 II. Background 2 A. measures subject to the original proceedings 2 B. panel and appellate body findings in the original proceedings 2 C. Current Proceedings 3 III. parties' requests for findings and recommendations 4 A. The European Communities 4 B. The United States 4 IV. ARGUMENTS OF THE PARTIES 5 A. First written submission of the European Communities 5 1. Introduction 5 2. Certain corrosion-resistant carbon steel flat products from France 5 (a) The privatization of Usinor as a whole was at arm's length and for FMV 5 (b) The shares sold through the employee/retiree offering were at arm's length and for FMV 6 (c