Legal Framework

As a start, you should see the description of the product published in the notice of initiation of an anti-dumping and anti-subsidy investigation.

Duties are applicable (in the form of a security while awaiting a definitive decision) as of the date of entry into force of provisional measures.

The provisional duties can also be paid in cash. If the definitive duties are lower than the provisional duties, the excess amount will be refunded

The European Commission may also decide to register imports at some stage during the first 8 months of the investigation if there is a danger that imports coming into the EU during the investigation would undermine the effectiveness of any measures.

Importers of products subject to anti-dumping or anti-subsidy duties can ask for a refund of duties paid in cases where the dumping margin or the amount of countervailable subsidies has been eliminated or reduced to a level below the level of the duty in force.

Please be aware that such behaviour constitutes customs fraud.

Once measures have been imposed, they may be modified, removed or prolonged through a review investigation.

Anti-dumping and anti-subsidy measures normally expire automatically after 5 years, unless it is determined in an ‘expiry review’ that measures should remain in force. Before the end of the 5-year period, EU producers may request an expiry review, although it can also be launched on the initiative of the European Commission.

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