PURPOSE: to codify Council Regulation (EC)
n°1225/2009 on protection against dumped imports from
countries not members of the European Community.
LEGISLATIVE ACT: Regulation (EU) 2016/1036 of the
European Parliament and of the Council on protection against dumped
imports from countries not members of the European Union
(codification).
CONTENT: in the interests of clarity and rationality,
the Regulation codifies Council Regulation (EC) n°
1225/2009, which has been substantially amended several
times.
The Regulation transposes into EU law the rules
contained in the 1994 Anti-Dumping Agreement, annexed to the
Agreement establishing the World Trade Organisation. These
rules relate in particular to the calculation of dumping,
procedures for initiating and pursuing an investigation, including
the establishment and treatment of the facts, the imposition of
provisional measures, the imposition and collection of anti-dumping
duties, the duration and review of anti-dumping measures and the
public disclosure of information relating to anti-dumping
investigations.
The Regulations sets out the principle that an
anti-dumping duty may be imposed on any dumped product whose
release for free circulation in the Union causes injury.
A product is to be considered as being dumped if its
export price to the Union is less than a comparable price for a
like product, in the ordinary course of trade, as established for
the exporting country.
Amongst other measures, the new codified
Regulation:
- sets out clear and detailed rules on the calculation
of the normal value for the purposes of determining dumping.
In particular, such value should in all cases be based on
representative sales in the ordinary course of trade in the
exporting country;
- sets out the factors which may affect prices and
price comparability and to set out specific rules as to when
and how the adjustments should be made;
- sets out detailed guidance as to the factors which may
be relevant for the determination of whether the dumped imports
have caused material injury or are threatening to cause injury.
A determination of injury shall be based on positive evidence and
shall involve an objective examination of: (a) the volume of the
dumped imports and the effect of the dumped imports on prices in
the Union market for like products; and (b) the consequent impact
of those imports on the Union industry.
- defines the term ‘Union industry’ and
provides that parties related to exporters may be excluded from
such an industry;
- specifies rules on who may lodge an anti-dumping
complaint, including the extent to which it should be supported
by the Union industry, and the information on dumping, injury and
causation which such a complaint should contain;
- establishes the procedures for the rejection of
complaints or the initiation of proceedings;
- sets out rules on the manner in which interested
parties should be given notice of the information which the
authorities require;
- sets out the conditions under which provisional
duties may be imposed; such duties may in all cases be imposed
by the Commission, either directly for a nine-month period or in
two stages of six and three months;
- specifies procedures for accepting undertakings
which eliminate dumping and injury instead of imposing provisional
or definitive duties;
- sets out the rules and procedures to be followed
during investigations by the Commission at EU level; the
termination of cases should, irrespective of whether definitive
measures are adopted or not, normally take place within 12 months,
and in no case more than 15 months, of the initiation of the
investigation;
- provides for sampling in cases where the number
of parties or transactions is large in order to permit completion
of investigations within the appointed time limits.
- provides for verification visits to check
information submitted on dumping and injury;
- stipulates that an importer may request
reimbursement of duties collected where it is shown that the
dumping margin, on the basis of which duties were paid, has been
eliminated, or reduced to a level which is below the level of the
duty in force.
ENTRY INTO FORCE:
20.7.2016.