Protection against dumped imports from countries not members of the European Union. Codification

This is the 35^th annual report of the European Union's anti-dumping, anti-subsidy and safeguard activities during 2016.

In general, at the end of 2016, the EU had 90 definitive anti-dumping (AD) measures and 12 definitive anti-subsidy (AS) measures in force. The number of measures in force has shown a slight increase (4%) over the previous year while the number of ongoing investigations (20) at the end of the year corresponded to the end of 2015. 

Overall in 2016:

• 0.27% of total imports into the EU were affected by AD or AS measures;
• 15 new investigations were initiated (12 concerned the sector of steel and metals), while there were 9 re-openings of cases to implement judicial findings;
• 13 expiry review investigations were initiated and 5 expiry reviews were concluded with a confirmation of the duty for a further period of 5 years;
• 1 circumvention investigation (the possibility of investigations being re-opened in circumstances where evidence is brought to show that measures are being circumvented) was initiated. There were 6 anti-circumvention investigations concluded with extension of the measures. The most important one related to the circumvention of measures on imports of solar modules and cells from China by transhipment via Malaysia and Taiwan;
• 42 new refund requests were submitted (importers may request the reimbursement of the relevant collected duties where it is shown that the dumping/subsidy margin has been eliminated or reduced to a level below that of the duty in force).

Conclusion: 2016 saw a slight increase in the number of new investigations opened, against the backdrop of a prolonged crisis caused largely by industrial overcapacities in China, notably in, but not limited to, the steel sector.

Given that the level of activity in antidumping investigations is complaint-driven, the number of cases reflects the number of complaints received from industry which contained sufficient evidence from EU industry to support allegations of injurious dumping or subsidies. There was a slight decrease in the number of provisional and definitive measures imposed as well as the number of review investigations opened. At the same time, many of the investigations conducted, notably those in the steel sector, have been very complex and resource-intensive. As was the case with previous years, no safeguard action was taken by the EU.

Moreover, 2016 was marked by the preparation for, and adoption by the Commission of, a legislative proposal to change the EU's trade defence legislation in order to ensure that the EU would be equipped with sufficiently robust instruments to deal with the challenges faced by industry. The proposal is under the ordinary legislative procedure.