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

In accordance with the advisory procedure pursuant to Article 15(2), the suspension of anti-dumping measures may be decided by the Commission, for a period of nine months, which may be extended for a maximum period of one year . The suspension may be decided only where market conditions have temporarily changed to an extent that injury would be unlikely to resume as a result of the suspension. Sus …

Temporary change in market conditions

In accordance with the advisory procedure pursuant to Article 15(2), the suspension of anti-dumping measures may be decided by the Commission, for a period of nine months, which may be extended for a maximum period of one year . The suspension may be decided only where market conditions have temporarily changed to an extent that injury would be unlikely to resume as a result of the suspension. Suspension may be terminated at any time where it is no longer applicable (Regulation No 2016/1036, Article 14(4)). As an intermediary solution between maintenance and repeal, suspension introduces flexibility in the application of trade defense measures.

The concept of change in market conditions is interpreted in an extensive way by the Commission. Arrival of stable conditions in the European market resulting in a risk of a market downturn , a recent increase in worldwide production capacity  or a strong demand and level of prices which is at or above the prices provided for in the undertakings , the effects of anti-dumping measures imposed in non-Member States , or the dramatic situation in the exporting country where the production units of the exporting producer concerned are situated in the combat zone , characterize a change in circumstances which justify a suspension. A suspension decision may also be taken in order to take into account the legal interpretations made in a report adopted by the DSB .

At the end of the suspension period, the anti-dumping measure automatically expires unless a review procedure has been initiated within six months following the entry into force of the suspension regulation . The application of the anti-dumping duty then remains suspended pending the outcome of the review investigation , even partial .

Council Regulation (EU) No 664/96 of 29 March 1996, imports of certain types of electronic microcircuits known as Eproms (Japan), LawLex200900002408JBJ, for an extension of one year; No 438/2004 of 8 March 2004, imports of certain malleable cast-iron tube or pipe fittings (Argentina), LawLex200900002524JBJ, for an extension of four months.

Council Regulation (EU) No 664/96 of 29 March 1996, imports of certain types of electronic microcircuits known as Eproms (Japan), LawLex200900002408JBJ.

Council Regulation (EU) No 399/96 of 4 March 1996, imports of certain types of electronic microcircuits known as DRAMs, LawLex200900002405JBJ.

Commission Decision No 95/197 of 8 June 1995, imports of certain types of electronic microcircuits known as DRAMs (Japan, Korea), LawLex201100000590JBJ.

Commission Decision No 2003/434 of 16 March 2003, imports of certain malleable cast iron tube or pipe fittings (Argentina), LawLex201100000546JBJ, Council Regulation (EU) No 438/2004 of 8 March 2004, imports of certain malleable cast-iron tube or pipe fittings (Argentina), LawLex200900002524JBJ: in this case, the anti-dumping duties applied to imports originating in Brazil were circumvented by transit through Argentina. The Council had then extended these duties to imports originating in Argentina. But the exports at issue from Argentina had stopped before the initiation of the anti-circumvention investigation by reason of remedial actions decided by the Argentinian authorities (initiation of an anti-fraud investigation and imposition of provisional anti-dumping duties). These actions removed injury related to circumvention but only temporarily while waiting for the likely but not certain imposition of definitive measures. All the conditions were therefore met for a suspension for a nine-month period of the decision taken by the Council to extend the anti-dumping duties to imports originating in Argentina.

Commission Regulation (EC) No 3296/92 of 12 November 1992, imports of certain seamless pipes and tubes, of iron or non-alloy steel (Hungary, Poland, Czechoslovakia, Croatia, Montenegro, Serbia, Macedonia, Bosnia-Herzegovina, Slovenia), LawLex200900002724JBJ, which accepts a suspension of measures as long as these conditions remain.

Regulation No 2015/476 of 11 March 2015 on the measures that the Union may take following a report adopted by the WTO Dispute Settlement Body concerning anti-dumping and anti-subsidy matters, OJ L 83 of 27 March 2015 which repeals and replaces Regulation No 1515/2001 of 23 July 2001 OJ L 201 of 26 July 2001, 10, Article 2(4).

Council Regulation (EU) No 1644/2001 of 7 August 2001, imports of cotton-type bed linen (Egypt, India, Pakistan), LawLex200900002612JBJ.

Council Regulation EU No 696/2002 of 22 April 2002, imports of cotton-type bed linen (India), LawLex200900002582JBJ; No 160/2002 of 28 January 2002, imports of cotton-type bed linen (Egypt, India, Pakistan), LawLex200900002596JBJ; No 160/2002 of 28 January 2002, imports of cotton-type bed linen (Egypt, India, Pakistan), LawLex200900002596JBJ.

Commission Notice No 2002/C 39/05 of 13 February 2002, imports of cotton-type bed linen (India), LawLex200900002913JBJ.

European Business Law

478. Temporary change in market conditions

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Les décisions de justice citées dans ce paragraphe :

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478. Temporary change in market conditions

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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