A complaint is a written document containing sufficient evidence showing that dumped/subsidised imports are causing injury to the EU industry that manufactures a product similar to the imported one.

 

An anti-dumping (AD) or anti-subsidy (AS) complaint must be sent to the European Commission, to the Office of Complaints in DG Trade (see contact details in Chapter 9).

 

‘ What is an AD/AS complaint?

 

A complaint is a written document containing sufficient evidence showing that dumped/subsidised imports are causing injury to the Union industry.

 

Union producers representing at least 25 % of the total Union production of the product concerned must support the complaint.’

 

The EU industry may choose a representative to collect the necessary information and to present it to the European Commission,

 

A representative can be:

 

• - any natural or legal person;
• - an association not having a legal personality;
• - a temporary association created to represent individual companies.

The representative will, however, be required to certify that he, she or it has been authorised to act on behalf of the industry. Experience suggests that a European association is likely to be best placed to carry through a case.

 

The EU producers that participate in the complaint (‘the complainants’) must have ‘standing’, that is, they must act on behalf of a major proportion of the EU industry. In practice, producers representing at least 25 % of the total EU production must support the complaint. Therefore, an individual company normally cannot lodge a complaint on its own but needs the support and cooperation of other producers. So for smaller companies to file a complaint, it may be necessary to organise and create temporary associations and/or ask for advice from their sectorial associations at national and EU levels (see a selection of links in Chapter 10).

 

The Office of Complaints of the European Commission can also provide valuable assistance. It has a wide range of experience because many different types of products involving smaller businesses have been investigated over the years. Smaller businesses may also contact the Office of Complaints for advice before formally lodging a complaint.

 

Source: “TDI Trade defence instruments, Anti-dumping & Anti-subsidy - A Guide for Small and Medium-Sized Businesses” by the European Commission