A Concise Guide to the EU Anti-dumping/anti-subsidies Procedures

Front Cover
Kluwer Law International, 2006 - Law - 231 pages
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Unfair trading practices such as dumping and the granting of subsidies have long been identified as threats to open markets. Yet despite decades of international trading rules, global markets are still jeopardized by practices which can cause material injury to industries and put employment at risk. The European Union has been a leader in its determination to ensure that its industries are not disadvantaged by such practices, that Community interests are defended, and that fair competition is restored where needed.

The basic texts which form the legal basis of anti-dumping and anti-subsidy investigations in the Community entered into force in 1996 and 1997. The procedures developed in these texts, as amended, and in their corresponding regulations, are the subject of this extremely helpful guide. Practitioners who must follow these often complex procedures will find precise guidelines for the substantive determinations that must be made such as calculating the material injury, determining the cause of injury, and applying the Community interest test and then be able to move confidently through every procedural step, including the following:

  • Initial complaint
  • Questionnaires
  • Confrontation meetings and oral hearings
  • Investigations by Commission official;
  • Offer and acceptance /rejection of undetaking;
  • Commenting on the Commission's provisional decision
  • Requesting review of measures and refunds and
  • Judicial review

Throughout the presentation the author describes relevant cases and actual measures taken. Tables of cases and measures as well as a bibliography are included.

Business people and their counsel, whether engaged in trade within the EU or between any country and an EU Member State, will benefit enormously from the detailed guidance offered in this incomparable volume. The book will also be invaluable to academics and policymakers as an unclouded analysis of anti-dumping/anti-subsidies procedures under EC law.

 

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Contents

Introduction
1
I Definition of Dumping and SubsidyConditions for Taking Action
3
II Brief Description of the Procedure
4
How an Investigation Proceeds in AntidumpingAntisubsidies Cases
7
Substantial Issues of Dumping and Subsidies
9
II Definition of a SubsidyCountervailable and NonCountervailable Subsidies
10
The Condition of Being Specific
11
B Noncountervailable Subsidies
12
ii The Content of the File that should be Accessible to the Parties
99
iii Forms of Access to the File
101
b The Right to be Informed of the Essential Facts and Considerations and the Right to Make Submissions Thereon
102
2 The Right to be Heard
106
G The Right to Confidential Treatment of Information
109
Configuration Meetings
117
I The Assessment of the Community Interest Prior to the Imposition of AntidumpingCountervailing Measures Community Interest Test
118
2 Procedural Issues
122

C The Annexes to the Antisubsidies Regulation
13
Guidelines on Consumption of Inputs in the Production Process
15
Guidelines on the Determination of Substitution Drawback Systems as Export Subsidies
16
1 Like Product
17
2 Normal Value
24
a No Production or Sales of the Like Product by the Exporter
25
c Representative Domestic Sales of the Like Product
26
e Sales at Prices below Unit Production Costs
28
Calculation of Costs
29
iii Startup Operations
30
Determination of the Amounts for Selling General and Administrative Costs and Profits
31
i Market Economy Treatment MET for Companies
33
j Countrywide Market Economy Status MES
40
3 Export Price
42
4 Comparison
43
a Physical Characteristics
44
e Transport Insurance Handling Loading and Ancillary Costs
45
h Aftersales Costs
46
j Currency Conversions
47
B Calculation of the Amount of Countervailable Subsidies
49
2 General Provisions on Calculation of Countervailable Subsidies
50
IV Determination of Injury
51
1 Injury Indicators
53
B Causation
57
D Threat of Material Injury
61
E Material Retardation
62
V Definition of Community Industry
63
B Community Produces Who are Related to ExportersImporters or are Importers Themselves of the Product
64
C Regional Industry
68
VI Sampling
69
Procedural Issues of Dumping and Subsidies
71
C Selectivity of the Complaint
77
D Withdrawal of the Complaint
78
E The Position of Complainants Once an AntidumpingAntisubsidies Complaint has been Lodged
79
F Legal Remedies with Regard to the Commissions Handling of the Complaint
81
2 Action for Failure to Act
83
II The Procedure Following the Initiation of Proceedings
84
No Obligation of the Parties to Cooperate and Provide It
86
No Obligation of the Parties to Cooperate and Submit to Onthespot Investigations
88
D Noncooperation of the PartiesBest Information Available Rule
93
E Procedural Safeguards for the Parties Involved in an AntidumpingAntisubsidies Investigation
95
F The Right to a Fair Hearing
96
1 Access to Information
97
The Outcome of AntidumpingAntisubsidies Investigations
129
B Procedure for the Imposition of Provisional Duties
130
II Termination of Investigation by Acceptance of Undertakings by the Commission
131
B The Option of the Commission to Suggest Undertakings
134
C Obligations of the Parties OfferAccepting Undertakings
135
E Example of an Acceptable of Undertakings
137
III Termination of the Proceedings Without MeasureImposition of Definitive Duties by the Commission
138
B Imposition of Definitive Duties
140
C Retroactive Application of Measures
143
IV Duration of MeasureReviews
145
B Interim Reviews
155
D Accelerated Reviews in Antisubsidies Cases
157
F General Provisions on Reviews
158
V Refunds
159
A The Notice of the Commission Regarding Refunds
160
c The Parties that have to Cooperate for a Successful Refund Application
161
e The Sum that may be Refunded
162
c Timelimits for the Submission of an Application
163
d Recurring Applications
164
ii Evidence Requested from the Exporting Producer
165
iii Analysis of Merits
166
iv Noncooperation of the Parties Involved Best Information Available Rule
167
b Payment
168
VI Absorption of Measures
169
VII Circumvention of Measures
171
VIII Suspension of Measures
177
IX General Provisions Publication of Measures Consultations
178
Judicial Review of the Various Commission Decisions in AntidumpingAntisubsidies Cases
181
A Initiation by the Commission of an Antidumping or an Antisubsidies Proceeding
182
B Regulations Imposing Antidumping or Countervailing Duties
184
1 Exporters and Producers
186
2 Importers
193
3 Complainants and Community Producers Supporting the Complaint
197
4 Users and Consumers
198
C Actions against Regulations Imposing Provisional Duties Superseded by a Definitive Regulation
199
E Action against the Councils Failure to Adopt a Regulation Imposing Definitive Duties
200
F Action against a Refusal of the Council to Grant Retroactivity to a Regulation Reducing the Antidumping Duty
205
II Actions for Failure to Act Actions for Damages
206
Indicative Bibliography
215
Case Law of the European Courts
219
Community Institutions Acts Imposing Measures
223
Index
227
Copyright

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