Once measures have been imposed, they may be modified, removed or prolonged through a review investigation. If a review is launched, the measures under review will remain in place while the review is ongoing, even if their initial period of application has expired. The rights and obligations regarding cooperation, verification visits or defence of the parties are similar to those in the initial investigations and also apply in review investigations.

 

1. Expiry review

 

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.

 

A request for an expiry review (also known as a ‘sunset review’) must include sufficient evidence that the expiry of measures would be likely to result in a continuation or recurrence of dumping/subsidisation and injury. This can, for example, be demonstrated by evidence that:

 

- dumping and injury are continuing;
- the removal of injury is partly or only due to the measures in force;
- further dumping and injury are likely if the measures are allowed to expire.

 

Anti-dumping and anti-subsidy duties normally expire after 5 years, unless an expiry review shows that injurious dumping/subsidisation would continue or recur if the measures were to be removed.

 

What is the procedure?

 

During the final year that measures are in force, the European Commission services publish a notice of impending expiry in the Official Journal stating that the measures will expire on a given date. If EU producers wish to request a review, they must do so no later than 3 months before the date of the expiry of measures.

 

2. Interim review

 

Interested parties may ask for an interim review of the measures during their period of imposition (normally 5 years), once the measures have been in force for 1 year. Any EU Member State may request a review, or the European Commission may initiate a review on its own initiative, at any time.

 

An interim review can be a ‘full’ review, which covers dumping/subsidisation, injury and Union interest. After a full interim review, measures are re-imposed for a new 5-year period. An interim review can also be a ‘partial’ review, in which case it may be limited to one aspect of a case, for instance dumping by one exporter.

 

The applicant must demonstrate that circumstances have changed significantly since the imposition of the original measures and that these changes are of a lasting nature. Evidence of the new situation covered by the interim review must be provided.

 

Similarly, EU producers can request a review, for example if they have evidence that dumping/subsidisation/injury has increased and is higher than the duty currently in force.

 

The level and form of measures can be changed by an interim review.

 

3. Newcomer review (anti-dumping)/accelerated review (antisubsidy)

Imports from companies that cooperated in the original investigation are usually liable to their own individual duty, but there is also a ‘country-wide’ duty for imports from all other companies producing and exporting the product concerned. This so-called ‘residual duty’ is applicable to the exporters that failed to cooperate in the investigation, and is normally higher than the individual duty applicable to cooperating exporters. If a company starts exporting the product only after the investigation period, its goods will also be subject to the ‘residual’ duty.

 

Exporters that have not exported during the original investigation period may ask for a newcomer review/accelerated review in order to obtain an individual duty rate.

 

However, companies that either did not exist or did not export the product concerned during the original investigation period can request a newcomer review in anti-dumping proceedings or an accelerated review in anti-subsidy proceedings to have their own individual duty rate established. A newcomer review/accelerated review must be concluded within 9 months.

 

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