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

Circumvention of a measure in force which has instituted anti-dumping or countervailing duties results in imports which change the pattern of trade between a third country or companies of the country subject to measures and the European Union in order to avoid the imposition of these duties. Article 13 of Regulation No 2016/1036 draws up a non-limitative list of cases of circumvention:
- slight mo …

Definition

Circumvention of a measure in force which has instituted anti-dumping or countervailing duties results in imports which change the pattern of trade between a third country or companies of the country subject to measures and the European Union in order to avoid the imposition of these duties. Article 13 of Regulation No 2016/1036 draws up a non-limitative list of cases of circumvention:

- slight modifications of the product concerned to make it fall under customs codes which are normally not subject to the measures; the exporting producer affected by an anti-dumping measure may in effect be tempted to alter the product in order to exclude it from the field of application of the measure : the duties will be extended to modified products where it is shown that the changes do not preclude from considering them as like products to the products concerned ;

- reorganization of patterns and channels of sales in the country subject to measures in order to have the products exported to the Union through producers benefiting from an individual duty rate lower than that applicable to the products of the manufacturers concerned; 

- consignment of the product subject to measures via third countries ; where circumvention is found, the anti-dumping duties initially instituted will be extended to imports of that country;

- the assembly of parts by an assembly operation in the Union or a third country where they meet the requirements of Article 13(2).

See as regards a practice which consists in adding minimal quantities of other substances to the products concerned, so that they fall outside the relevant CN codes affected by the measures, notwithstanding the fact that the basic characteristics and uses remain unchanged: Commission Regulation (EC) No 1264/2003 of 16 July 2003, imports of certain seamless pipes and tubes of iron or non-alloy steel (Russia, Ukraine), LawLex200900002632JBJ.

See as regards gas-fuelled, non-refillable pocket flint lighters having lost that refillable character further to the addition of a valve for that purpose: Council Regulation (EU) No 192/1999 of 25 January 1999, imports of gas-fuelled, non-refillable pocket flint lighters (China, Taiwan, Hong Kong, Macao), LawLex200900002498JBJ.

See as regards circumvention resulting from transshipment of products to a third State which is not concerned and a false declaration of origin: Commission Decision No 284/2004 of 18 February 2004, imports of polyethylene terephthalate (PET) film (India, Brazil, Israel), LawLex200900002630JBJ; No 395/2004 of 2 March 2004, imports of certain tube or pipe fittings, of iron or steel (China, Sri Lanka), LawLex200900002626JBJ; No 396/2004 of 2 March 2004, imports of certain tube or pipe fittings, of iron or steel (China, Indonesia), LawLex200900002625JBJ.

European Business Law

479. Definition

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

479. Definition

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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