What are the legal remedies available against a regulation imposing anti-dumping or anti-subsidy duties?

 

Under the EU legal system, the main legal action against a regulation imposing anti-dumping and anti-subsidy duties is the action for annulment. This action might be introduced in the event of breaches of the legal provisions contained in the main legal texts regulating the investigations (i.e. the basic anti-dumping regulation and the basic anti-subsidy regulation).

 

In order to be eligible to present such an action, the company has to demonstrate that it is directly and individually concerned by the regulation it wishes to challenge. The action has to be introduced within the mandatory time-limit of 60 days, which starts to run from the publication of the measure.

 

The General Court in Luxembourg has jurisdiction over this type of legal action.

 

Importers may also challenge the individual anti-dumping or anti-subsidy duty they have to pay on an import transaction.

 

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