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 measure, which may remain in force as long as it is necessary to counteract the dumping which is causing injury to the Union industry, expires five years from its imposition or from the date of the conclusion of the most recent review which has covered both dumping and injury (Regulation No 2016/1036, Article 11(1)). A review of the anti-dumping measure may take place at the expiry of the measure or during its application - an interim review. 

The expiring measure may be subject to review on the initiative of the Commission, or upon request made by European producers, where the request contains sufficient evidence that the suppression of the measures would be likely to result in a continuation or recurrence of dumping and injury (Art. 11(2)). 

The need for the continued imposition of the measure may also be reviewed, at the request of the Commission or a Member State or, provided that a reasonable period of time of at least one year has elapsed since the imposition of the definitive measure, upon a request by any exporter, importer or by the Union producers which contains sufficient evidence substantiating the need for such an interim review (Art. 11(3)). 

An anti-dumping measure in force may also be subject to review where a new exporter or producer appears in the exporting country in question which has not exported the product during the initial investigation (Art. 11(4)). 

Lastly, Article 12 of the regulation provides for the possibility of reopening the investigation where the Union industry or any other interested party brings evidence, within two years from the entry into force of the measures, that export prices have decreased after the original investigation period and prior to or following the imposition of measures or that the measures have resulted in no movement or only an insufficient movement in the resale prices or subsequent selling prices in the Union.

The purpose of the review procedure is to adapt the duties imposed to take account of an evolution in the factors which gave rise to them and therefore presupposes that those factors have altered. Therefore, where the review investigation did not have the purpose of adapting the anti-dumping duties imposed to changes in circumstances, but of re-examining the factors which had given rise to those duties, the authority did not review the measures in force but in fact reopened the original procedure .

Reviews are initiated by the Commission pursuant to the advisory procedure referred to in Article 15(2)  Before, the Commission submits a proposal for action to the authority before the expiry of the measure. The Commission also provides information to the Member States once an operator or a Member State has submitted a request justifying the initiation of a review and it has completed its analysis thereof, or once the Commission has itself determined the need for the continued imposition of measures.

If the investigation is not completed within the deadlines, the measures either expire or remain unchanged. A notice announcing the actual expiry or maintenance of the measures is published in the OJ. Depending on the subject-matter of the request, the review may relate to dumping and injury or merely dumping. The distinction is significant since an anti-dumping measure expires five years from the date of the conclusion of the most recent review where it covers both dumping and injury . 

Case T-7/99 Medici Grimm v Council [2000] ECR II-2671, LawLex200800000095JBJ.

Or where it is determined that the expiry would lead to a continuation or recurrence of dumping and injury, See Regulation No 2016/1036, Article 11(2); See Council Regulation (EU) No 2744/2000 of 14 December 2000, imports of sacks and bags made of polyethylene or polypropylene (India), LawLex200900002597JBJ, which considers on this basis that the partial review of a regulation imposing definitive anti-dumping duties, opened by reason of the presence of a new exporter, does not affect the date on which that regulation will expire; See, along the same lines: Council Regulation (EU) No 2570/2000 of 20 November 2000, imports of stainless steel fasteners and parts thereof (China), LawLex200900002588JBJ.

465. Conditions