In order to be able to determine if sufficient evidence exists for the initiation of an anti-dumping/anti-subsidy proceeding, the complaint also needs to contain certain data relating to the alleged injurious effects of the dumped/subsidised imports.

 

These data concern, firstly, the import volume and value of the dumped/subsidised products and their price level. The necessary information can often be obtained in publicly available customs statistics. Please make sure to include only EU-wide data, comprising all EU Member States, when calculating imports (e.g. exports from Italy to Germany are not considered imports into the EU). The Eurostat website contains a number of useful statistics, which can be accessed at: http://ec.europa.eu/eurostat/web/international-trade-in-goods/data/focus-on-comext.

 

Secondly, the impact of the imports on the complainant industry has to be shown. This is normally done by providing information on the development of certain indicators for the complainants, such as production, sales, market shares, average prices or profits. The data supplied should cover a trend over 3-4 years.

 

If the prices of the dumped/subsidised imports negatively affect prices in the EU, it is called ‘price undercutting’. To determine whether or not prices are being undercut, it is essential to compare the sales prices of the dumped/subsidised imports with the sales prices of the complainants. For this comparison, you will therefore need to provide documentary evidence of these different price levels. This evidence must relate to a period of 1 year, ending not more than 6 months preceding the submission of the complaint.

 

For a complete list of data to be provided and an explanation on how to present the injury indicators, please consult the ‘Guide for complainants’.

 

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