European Business Law, the fourth volume in our series, shows how the European authorities simultaneously abolish all restrictions on access to and exercise of economic activities and support the growth of domestic markets, through the harmonization the internal legislation or the enactment of genuinely unified regulations.

European Business Law

The anti-dumping and anti-subsidy regulations both exclude that a product might be subject to both anti-dumping and countervailing duties for the purpose of dealing with one and the same situation arising from dumping or from the subsidization .
The non-cumulation rule applies to export subsidies, rather than to domestic subsidies , insofar as only export subsidies have an impact on the export pri …

Non-cumulation of anti-dumping duty and countervailing duty

The anti-dumping and anti-subsidy regulations both exclude that a product might be subject to both anti-dumping and countervailing duties for the purpose of dealing with one and the same situation arising from dumping or from the subsidization .

The non-cumulation rule applies to export subsidies, rather than to domestic subsidies , insofar as only export subsidies have an impact on the export price, and their granting is legally and de facto contingent upon export performance . Where the definitive dumping margin established for an exporting producer is due, in all or part, to the existence of export subsidies, the definitive anti-dumping duty must be adjusted to reflect the effective dumping margin that remains after the imposition of the definitive countervailing duty intended to counterbalance the effect of export subsidies. Vice versa, the part of the countervailing duty which corresponds to the export subsidies which will have influenced the dumping margin should only be imposed to the extent that it exceeds the anti-dumping duty .

Where a combination of anti-dumping or anti-subsidy measures with safeguard tariff measures on one and the same imports could lead to effects greater than is desirable in terms of the Union's trade defense policy and objectives, the Commission may, under Regulation No 2015/477 , amend, suspend or repeal existing anti-dumping and/or anti-subsidy measures, or exempt imports from anti-dumping or countervailing duties which would otherwise be payable. These decisions apply from their date of entry into force and, unless otherwise provided in the measure, cannot serve as basis for the reimbursement of duties collected prior to that date . Thus, where, at the end of a review procedure, the reduced rate of the countervailing duty for an export subsidy justifies to increase the definitive anti-dumping duty in force, the amendment of that anti-dumping duty is not retroactive but applies as from the entry into force of the Anti-subsidy Regulation .

Regulation No 2016/1036, Article 14(1); Regulation No 2016/1037, Article 24(1).

Commission Regulation No 1432/91 of 27 May 1991, imports of polyester fibres and polyester yarns (Turkey), LawLex200900002714JBJ.

Regulation No 2016/1037, Article 4(4)(a); see also Commission Decision No 1613/90 of 13 June 1990, imports of ball bearings with a greatest external diameter not exceeding 30 mm originating in Thailand, LawLex200900002692JBJ, which considers, by contrast, that an anti-dumping duty may be imposed in addition to a countervailing duty without there being any double counting, where the elimination of subsidies by the imposition of that countervailing duty or by an undertaking would have no effect on the dumping margin.

Council Regulation (EU) No 2834/91 of 23 September 1991, imports of polyester fibres and polyester yarns (Turkey), LawLex200900002435JBJ.

 Regulation No 2015/477 of 11 March 2015 on measures that the Union may take in relation to the combined effect of anti-dumping or anti-subsidy measures with safeguard measures, OJ L 83/11 of 27 March 2015; see, for an application of that regulation: Council Regulation (EU) No 778/2003 of 6 may 2003, anti-dumping measures applicable to certain hot-rolled coils and to certain tube and pipe fittings, of iron or steel, LawLex200900002551JBJ, which considers that no anti-dumping duty should be payable where a safeguard duty is to apply at the same time and where the anti-dumping duty is less than, or equal to, the amount of the safeguard duty.

Council Regulation (EU) No 1010/2008 of 13 October 2008, imports of sulphanilic acid (China, India), LawLex200900002481JBJ.

European Business Law

496. Non-cumulation of anti-dumping duty and countervailing duty

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

496. Non-cumulation of anti-dumping duty and countervailing duty

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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au contenu exclusif Livv – juristes d’entreprise