The World Trade Organisation Appellate Body ruled yesterday that the US tariffs on steel imports were illegal, said a Fresh produce Consortium statement. The likely timing of the EU response will be 10-15 days after a WTO meeting on December 1, but there are still many unknown factors.

The Americans have not yet given their official reaction to the ruling.

The EU threat to impose additional import duty on a range of products from the US including shelled walnuts, guavas, mangoes and mangosteens, grapefruit, grapes, apples (other than Golden Delicious and Granny Smith), pears and cherries will depend on the US reaction.

The appellate body ruling is likely to be adopted by the WTO on December 1. It is possible, but unlikely, that the ruling will not be adopted at that meeting. The next WTO meeting would not take place until into the new year.

Assuming the ruling is adopted, the EU will impose its retaliatory measures between December 10 and 15.

However, it is not yet known what level of retaliation will be imposed, nor which products will be included in the final list for retaliatory measures. The UK Department of Trade and Industry continues to lobby to remove products from the list, based on the response it has had from UK businesses, including from the Fresh Produce Consortium.

If the US makes concessions, then the level of EU retaliation may be reduced. If sufficient concessions are made, the EU may not impose any retaliatory measures.