Third country anti-dumping investigations

Third countries may also initiate anti-dumping proceedings against EU exporting producers. Many of the users represent important markets to EU producers and exporters, such as the US or Canada, but also key emerging economies. Brazil, South Africa and India are considered to be heavy users of anti-dumping measures, and China has recently significantly ramped up its use of this instrument.

Third country anti-dumping proceedings are governed by the local law applicable to the investigating authority, e.g. an anti-dumping investigation initiated by the responsible Brazilian trade authority is governed by Brazilian law. Assuming that the third country is a WTO Member, this means that, while many of aspects of the anti-dumping investigation are similar to EU anti-dumping investigations due to binding requirements under the WTO's Anti-Dumping Agreement, there are also differences which can be of vital importance, e.g. for the determination of the dumping margin. In addition, some jurisdictions require that the legal representative before the authority be a lawyer licenced under that law with an office in that jurisdiction.

Thanks to our cooperation with a major international law firm we are able to advise and support our Clients in these proceedings, as well. Our alliance partner specialises inter alia in international trade law and has offices throughout the world, covering all major jurisdictions. We are therefore able to provide our Clients with the advantages of a local law firm yet at the same time offer the resources of an international law firm.

We are thus able to provide our Clients a full service package in such proceedings, including:

  • registration
  • assistance in completing questionnaire responses
  • calculation of the dumping margin, if any
  • preparation for and on-site support in the case of verification visits
  • representation before the third country's authorities
  • preparation of price undertakings where these are offered
  • filing and pursuing legal remedies before the local authorities and courts.