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Anti-dumping measures

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Anti-dumping measures

Dumping occurs when a company sells a product at a lower price on the export market than on its own domestic market. To ensure fair competition with the same product sold in the European Union market by EU producers, the EU may impose anti-dumping measures on such imports.

ACT

Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community

SUMMARY

Dumping occurs when a company sells a product at a lower price on the export market than on its own domestic market. To ensure fair competition with the same product sold in the European Union market by EU producers, the EU may impose anti-dumping measures on such imports.

WHAT DOES THIS REGULATION DO?

This regulation sets out the procedure for the imposition of anti-dumping measures in the EU.

KEY POINTS

Anti-dumping measures may be imposed if the following conditions are met:

the imports must be dumped,

there must be material injury* to the EU industry producing the like product*,

there must be a causal link between the dumped imports and the material injury*,

the anti-dumping measure must not be against the EU interest.

If these conditions are met, anti-dumping measures may be imposed on imports of the product concerned into the EU. These measures generally take the form of an ad valoremduty, i.e. a percentage of the import value of the product concerned. They could also take the form of specific duties, i.e. a fixed value for a certain amount of goods, e.g. €100 per tonne of a product, or a price undertaking. A price undertaking is a commitment by an exporter to respect minimum import prices.

The duties are paid by the importer in the EU and collected by the national customs authorities of the EU countries concerned.

Measures are usually imposed for 5 years. Measures in force may be reviewed (interim review) under certain conditions. The scope of this review is usually limited to one or various elements of the initials measures, e.g. the level of dumping and/or injury, the product scope, the form of the measures.

After 5 years, the measures will lapse unless an expiry review concludes that, if the measures were to expire, dumping and material injury would probably continue or persist.

Importers may request a full or partial refund of duties paid if they can show that the dumping margin*, on the basis of which the duties were paid, has been eliminated or reduced.

WHEN DOES THE REGULATION APPLY?

From 11 January 2010.

For more information see ‘Anti-dumping’on the European Commission's website.

KEY TERMS

* material injury: substantial injury to EU industry, e.g. loss of market share, reduced price levels and/or reduced profitability, caused by the dumped imports

* like product: a product which is identical or closely resembles the product under consideration

* dumping margin: the difference between the price that an exporter charges for a product on its home market (the normal value), and the price that the same exporter charges for that product on the EU market (export price).

REFERENCES

Act

Entry into force

Deadline for transposition in the Member States

Official Journal

Regulation (EC) No 1225/2009

11.1.2010

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OJ L 343, 22.12.2009, pp. 51-73

Amending act(s)

Entry into force

Deadline for transposition in the Member States

Official Journal

Regulation (EU) No 765/2012

6.9.2012

-

OJ L 237, 3.9.2012, pp. 1-2

Regulation (EU) No 1168/2012

15.12.2012

-

OJ L 344, 14.12.2012, pp. 1-2

Regulation (EU) No 37/2014

20.2.2014

-

OJ L 18, 21.1.2014, pp. 1-51

RELATED ACTS

Report from the Commission to the Council and the European Parliament: 33rd Annual Report from the Commission to the Council and the European Parliament on the EU’s Anti-Dumping, Anti-Subsidy and Safeguard activities (2014) (COM(2015) 385 final of 3 August 2015).

last update 14.09.2015

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