What are trade defence actions by non-EU countries?

 

Provided that the WTO requirements are met, all WTO members have the right to use the trade defence measures. Thus, EU exporters exporting to non-EU countries may become subject to a trade defence investigation by that non-EU country. Even though all countries have the WTO rules as a common framework, the interpretation and implementation of these rules varies among the countries.

 

The options

 

As a general rule, and in order to obtain the best possible result in an investigation, it is important to register as an interested party and to cooperate with the investigating authorities of the non-EU country. Cooperating companies normally obtain an individual duty rate, which is usually lower than the country-wide duty. However, cooperating in an anti-dumping or anti-subsidy investigation is time-consuming and resource-intensive. It is up to the exporter/smaller business concerned to decide if the export market is important enough to justify the necessary effort.

 

Contacts

 

DG Trade monitors trade defence investigations by non-EU countries and can assist exporters subject to such investigations. The monitoring unit can provide information and guidance and help develop a strategy of defence in coordination with the exporter and the national authorities. However, the Commission services cannot replace a legal representative in the non-EU country concerned and it is advisable to hire a local legal counsel.

 

Besides the SME Helpdesk and the information contact point, you may contact the monitoring unit directly (see contacts in Chapter 9).

 

A guide for exporters is available at:

 

http://trade.ec.europa.eu/doclib/docs/2010/october/tradoc_146701.pdf

 

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