Anti-Dumping Measures 

Anti-dumping measures are the primary trade remedy in the EU in terms of the frequency of use. The Basic Anti-dumping Regulation (Council Regulation (EC) No. 1225/2009) is intended to implement the substantive and procedural requirements set forth in the WTO Anti-Dumping Agreement and Article VI of the GATT 1994. Consequently, EU anti-dumping measures must meet all the applicable procedural and substantive requirements set forth by the applicable WTO provisions.

The purpose of an anti-dumping measure is to offset the injurious effects caused by the dumping practice. Therefore, the amount of the anti-dumping duty may not exceed the margin of dumping or injury, whichever is the lesser.

Under the Basic Anti-dumping Regulation a product is to be considered as being dumped if its export price to the Community is less than a comparable price for the like product, in the ordinary course of trade, as established for the exporting country. This is usually the price paid for the same goods when sold on the domestic market. Where the sale of dumped goods causes injury to the Union Industry manufacturing the like product, an anti-dumping duty may be applied, provided such duty is in the Union interest.

Anti-dumping measures are generally valid for a period of five years. The Basic Anti-dumping Regulation provides for several types of reviews, such as interim reviews and sunset reviews. The scope of these reviews may either include or be limited to the level of the duties imposed and of the period of validity of the anti-dumping measures. Article 11(4) of the Basic Anti-Dumping Regulation provides for reviews of new exporters, under which the new exporter may have its individual dumping margin determined and thus avoid having the residual duties applied.

 

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