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 export price must be determined on the basis of a representative volume of actual sales of the product concerned to the Union. In order to fix the export price, the Commission verifies any transactions carried out during the investigation period for the products of each exporter. However, under Article 17 of the regulation, it may be limited to a reasonable and representative number of transac …

Export sale to the Union

The export price must be determined on the basis of a representative volume of actual sales of the product concerned to the Union. In order to fix the export price, the Commission verifies any transactions carried out during the investigation period for the products of each exporter. However, under Article 17 of the regulation, it may be limited to a reasonable and representative number of transactions where there are too many of them. The verification of more than 70% of all transactions during the investigation period for the products of each exporter , or of more than 85% of the total export volume taking into account the most frequently sold models , is a representative basis. Sample sales may also be included in the calculation of the export price where they correspond to quantities that are higher than those of normal commercial transactions and they are part of a marketing strategy in order to gain market share .

Transactions that are used as basis for the assessment of the export price must have a precise final destination  and must take place between independent undertakings. Sales made through the importer related to the exporter are excluded where it is a wholly-owned subsidiary , where they represent a small proportion of exports  or where they take place in the form of sales on a consignment basis . On the other hand, account is taken of sales of products to an independent company established in a third State, which has then exported them to the Union . The General Court has held that there is no need to make the exclusion of sales of products which have been exported from the determination of the normal value of the product concerned subject to proof of the intention or effective knowledge of the vendor, at the time of the sale, as to the final destination of the product concerned insofar as neither the concept of dumping within the meaning of Article 2 of the basic regulation nor that of injury provided for in Article 3 of the same regulation, nor the concept of circumvention implies, as a condition for their application, the finding of specific intention on the part of the interested party concerned, but each requires the fulfillment of objective conditions irrespective of any specific intention or knowledge on the part of that party . 

According to Article 1 of the regulation, the anti-dumping regulation applies to products whose release for free circulation in the Union causes injury. The Commission also takes account of exports made under the regime of inward processing relief when assessing the export price. Sales to companies using the inward processing relief may contribute to the injury caused to European producers as they reduce outlets which would be available to them . In effect, this regime, which consists in importing goods within the Union in order to process or repair them with a view to re-exporting the processed products, enables non-payment of customs duties, VAT and commercial policy measures, which are suspended in case of inward processing relief (suspension system) or paid then reimbursed in the context of re-export in case of inward processing relief (repayment system) . 

Lastly, in accordance with Article 18(1) of the anti-dumping regulation, the non-cooperation of the exporter authorizes the Commission to use reliable information they have as calculation basis. Thus, in the event of non-cooperation of the exporting producer, the price may be determined on the basis of Eurostat figures . Likewise, where the related distributor has not supplied reliable information on the costs incurred between importation and resale, the highest costs found for another distributor which cooperated in the investigation are used to determine the export price .

Commission Regulation (EC) No 1956/92 of 7 July 1992, imports of synthetic fibres of polyesters (India, Korea), LawLex200900002722JBJ.

Commission Regulation (EC) No 1645/95 of 5 July 1995, imports of microwave ovens (China, Korea, Thailand, Malaysia), LawLex200900002748JBJ.

Council Regulation (EU) No 2593/97 of 19 December 1997, imports of certain large electrolytic aluminium capacitors (Japan), LawLex200900002462JBJ; See also Case C-158/08 Pometon [2009] ECR I-4695, LawLex201100000643JBJ, which states that an operation which consists in merely sending goods over the border after processing them into a product which is not subject to anti-dumping duties without any actual intention to re-export them and re-importing them shortly after cannot lawfully be placed under the inward processing procedure.

Council Regulation (EU) No 1100/2000 of 22 May 2000, imports of silicon carbide (China, Russia, Ukraine), LawLex200900002565JBJ.

Council Regulation (EU) No 1890/97 of 26 September 1997, imports of farmed Atlantic salmon (Norway), LawLex200900002445JBJ.

Commission Regulation (EC) No 1742/2000 of 4 August 2000, imports of certain polyethylene terephthalate (PET) (India, Indonesia, Malaysia, Korea, Taiwan, Thailand), LawLex200900002850JBJ.

Commission Regulation (EC) No 593/97 of 25 March 1997, imports of unwrought, unalloyed zinc (Poland and Russia), LawLex200900002789JBJ; Council Regulation (EU) No 1023/97 of 6 June 1997, imports of flat pallets of wood (Poland), LawLex200900002799JBJ.

Council Regulation (EU) No 2381/95 of 10 October 1995, imports of disodium carbonate (United States of America), LawLex200900002398JBJ; See, however, Commission Regulation (EC) No 1497/2001 of 20 July 2001, imports of urea (Belarus, Bulgaria, Croatia, Estonia, Libya, Lithuania, Rumania, Ukraine, Egypt, Poland), LawLex200900002834JBJ, which states that the calculation of the export price takes account of export sales made via a company related to the exporting producer which represent less than 5% of the total export sales of the exporting producer, on the basis of the resale price to the first independent buyer.

Council Regulation (EU) No 1784/2000 of 11 August 2000, imports of certain malleable cast iron tube or pipe fittings (Brazil, the Czech Republic, Japan, China, Korea, Thailand), LawLex200900002572JBJ. 

Sales which concern goods destined for a warehouse located in the Union and not invoiced until the customer takes delivery of these at some later date: Commission Regulation (EC) No 2563/1999 of 3 December 1999, imports of compact discs boxes (China), LawLex200900002899JBJ.

Commission Regulation (EC) 1023/97 of 6 June 1997, imports of flat pallets of wood (Poland), LawLex200900002799JBJ.

Case T-607/15  Yieh United Steel Corp., Judgment of 3 December 2019, LawLex201900001476JBJ.

Council Regulation (EU) No 2593/97 of 19 December 1997, imports of certain large electrolytic aluminium capacitors (Japan), LawLex200900002462JBJ.

European Business Law

415. Export sale to the Union

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415. Export sale to the Union

Demandez un accès gratuit au contenu exclusif Livv – juristes d’entreprise

Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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au contenu exclusif Livv – juristes d’entreprise