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

As a principle, the imposition of anti-dumping measures should result in an increase in the export price of the products concerned. On the other hand, where that price has decreased or has not increased sufficiently, the investigation may be re-initiated in order to verify whether the exporting producer concerned has not denied the effectiveness of the measures by “absorbing” the anti-dumping duti …

Specific interim review

As a principle, the imposition of anti-dumping measures should result in an increase in the export price of the products concerned. On the other hand, where that price has decreased or has not increased sufficiently, the investigation may be re-initiated in order to verify whether the exporting producer concerned has not denied the effectiveness of the measures by “absorbing” the anti-dumping duties, i.e. by assuming them . The absorption of the original duties justifies an amendment of the anti-dumping measure the amount of which may be twice the original duty. The request for anti-absorption review is submitted by the Union industry and any other interested party which submits, within two years from the entry into force of the measures, sufficient information showing that prices have decreased or that there has been no movement, or insufficient movement, in the prices following the imposition of measures (Regulation No 2016/1036, Article 12(1)).

The review investigation must determine whether the measures have had the intended effect of removing injury and, if not, whether this is due to absorption by the exporting producer and/or to other factors outside its control. For that purpose, selling prices charged in the Union during the original investigation period are compared to those charged in the review investigation period. A proper comparison implies a sufficient degree of representativeness in terms of quantity, value and product types , by using the same method and the same exchange rates .

The fact that prices have not changed in the Union after the imposition of measures may however be justified. This is the case in the event of a reduction in the importer's selling, general and administrative expenses, a decrease in its profit or a fall in normal value, which have offset the cost of the anti-dumping duty and which consequently need not be fully reflected in the resale price , or depreciation of the currency of the exporting country . If it appears, even after adjustment, that the anti-dumping measures have not had the intended effect on the sales prices in the Union, the export prices are reassessed and the dumping margins are recalculated accordingly at the end of a review investigation which must be conducted within nine months following its initiation . This duration may be exceeded due to the complexity of the investigation characterized by the existence of two forms of duty  or where the Commission's efforts to gather information have been hampered by the marked lack of cooperation . Account is taken of any changes in normal value only where complete information on revised normal values, duly substantiated by evidence, is made available to the Commission (Art. 12(5)).

Council Regulation (EU) No 236/2004 of 10 February 2004, imports of sulphanilic acid (China and India), LawLex200900002526JBJ, for absorption of the anti-dumping duty which resulted in a decrease in the export prices.

Council Regulation (EU) No 2100/2000 of 29 September 2000, imports of ring binder mechanisms (China), LawLex200900002581JBJ.

Council Regulation (EC) No 2346/93 of 23 August 1993, imports of woven polyolefin sacks (China), LawLex200900002471JBJ.

See, Council Regulation (EU) No 2100/2000 of 29 September 2000, imports of ring binder mechanisms (China), LawLex200900002581JBJ, which takes also account of any resale price increase between the original investigation period and the new investigation period.

Council Regulation (EU) No 1657/2001 of 10 August 2001, imports of polypropylene binder or baler twine (Poland, the Czech Republic, Hungary), LawLex200900002613JBJ; No 236/2004 of 10 February 2004, imports of sulphanilic acid (China and India), LawLex200900002526JBJ. See, however, Council Regulation (EC) No 2346/93 of 23 August 1993, imports of woven polyolefin sacks (China), LawLex200900002471JBJ, which considers that currency fluctuations and changes in raw material prices in China cannot justify decrease in export prices charged by Chinese exporters after the imposition of an anti-dumping duty where, regarding a country which is not a market economy country, no convincing evidence has been brought regarding the normal value of a like product in India.

See Council Regulation (EU) No 2315/2000 of 17 October 2000, imports of unwrought unalloyed magnesium (China), LawLex200900002586JBJ, which considers that where no party requested that normal value be reviewed pursuant to Article 12(5) of the anti-dumping regulation, the reassessed export prices were compared with the normal value established during the original investigation period on a FOB basis.

Council Regulation (EU) No 2315/2000 of 17 October 2000, imports of unwrought unalloyed magnesium (China), LawLex200900002586JBJ.

Council Regulation (EU) No 663/98 of 23 March 1998, imports of ammonium nitrate (Russia), LawLex200900002478JBJ.

European Business Law

474. Specific interim review

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474. Specific interim review

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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