Importance of SMEs’ participation in TDI investigations

Lodging a complaint can be a challenging exercise. Hiring a lawyer with experience in trade defence can be useful, albeit costly.

As a first step, it is essential to identify the imported product subject to the anti-dumping or anti-subsidy proceeding — also called ‘the product concerned’. You should begin by describing the product thoroughly, clearly identifying the basic physical, chemical and technical characteristics.

Low prices are not necessarily a sign of dumping. Dumping is defined as selling a product in an export market, for example to the EU, at less than its ‘normal value’.

The dumping margin can be calculated once the export price and normal value are established.

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.

Apart from providing evidence of dumping/subsidisation and injury, you need to demonstrate that injury has been caused by the dumped/subsidised imports, that is, that a causal link exists.

In order to protect confidential business data, you need to lodge two versions of a complaint, a confidential version and a non-confidential version.