To: gregor_us who wrote (570 ) 2/24/2004 9:52:34 PM From: mishedlo Respond to of 116555 WTO gives EU permission to slap sanctions against U.S. GENEVA (AP) — The European Union received the go-ahead Tuesday to start imposing trade sanctions against the United States in a dispute over an 88-year-old law that U.S. steel producers and other companies have used to fend off low-priced imports. A panel of arbitrators for the World Trade Organization ruled that the 15-nation bloc can start the sanctions in retaliation for the U.S. failure to repeal the Anti-Dumping Act that was ruled illegal by the WTO almost four years ago. "The decision of the arbitrators is a welcome reaffirmation that the WTO is a rule-based system and members may not ignore their obligations with impunity," EU Trade Commissioner Pascal Lamy said in a statement issued in Brussels. "I hope that rapid action from Congress will make sanctions unnecessary." The 1916 law, which armed the United States to fight foreign competition after the end of World War I, had been considered obsolete until Wheeling-Pittsburgh Steel brought a lawsuit against importers of Russian and Japanese hot-rolled steel in 1998. The company, based in Wheeling, W.Va., claimed that the companies were guilty of dumping — selling steel at below-cost prices to unfairly gain market share. Some of the defendants settled with Wheeling-Pitt while other cases are still outstanding. Last December, a federal jury awarded Illinois-based Goss International $31.5 million in a case against a Japanese company accused of dumping newspaper printing presses on the U.S. market. Three European companies are still facing action, according to the EU. The WTO, acting on an EU complaint supported by Japan, ruled the law illegal in March 2000. It found it unacceptable because it allowed for fines and imprisonment of individuals and fines for companies found guilty of dumping, as well as the payment of damages. Under WTO rules, import tariffs are the only remedies allowed to combat dumping. That decision was upheld by an appeals panel later the same year. The United States was given until July 2001 — later extended until December 2001 — to repeal the law. When it failed to do so, the European Union asked the WTO for permission to start imposing retaliatory trade sanctions. An arbitrator was appointed to rule on the correct level of sanctions, but the EU agreed to suspend the hearing to give Washington more time to repeal. In September, however, it demanded the restarting of the arbitration, citing "persisting inaction" by the United States. The arbitrators ruled that the EU could base its sanctions on the amount European companies were fined under the law, or the amount they paid in out-of-court settlements. They declined to rule on the EU's plans to adopt a "mirror" law that would allow U.S. companies to be prosecuted in the European Union. The ruling comes a week before the EU plans to start imposing sanctions of $370 million in another WTO dispute over tax breaks for U.S. companies. Numerous cases linked to steel have been heard by the World Trade Organization. In the biggest so far, President Bush dropped additional "safeguard" duties on steel imports after the WTO ruled them illegal. In the most recent case, the EU complained this month that U.S. anti-dumping duties on imports of steel — as well as pasta and chemicals — are being wrongly calculated. usatoday.com