What are the essential elements of an Anti-dumping/anti-subsidy complaint?

03/12/2022 04:23 - 5 Views

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. Please also provide the relevant tariff code(s) under which the product may be classified for import into the EU. You can find the Common Customs Tariff of the EU, or combined nomenclature (CN), at:

 

https://ec.europa.eu/taxation_customs/business/calculation-customs-duties/what-is-common-customs-tariff/combined-nomenclature_en

 

You also need to identify the country or countries from which the allegedly dumped/subsidised products originate.

 

The complaint should also include a list of full contact details of all known EU producers, producers/ exporters in the country or countries concerned, EU importers, suppliers, user industries and, where known, consumer associations. Where producers, importers, suppliers and/or users are represented by (known) associations, these should be listed in the complaint as well.

 

In a next step, you have to show that the products have been dumped/subsidised, and that this dumping/subsidisation has caused injury to the EU industry.

 

Sum up:

 

The essential elements of an AD/AS complaint are:

 

- the definition of the imported product/product concerned;
- the country/ies of origin of the allegedly dumped/subsidised products;
- a list of all known Union producers, producers/exporters in the country/ies concerned, EU importers, suppliers, user industries and consumer associations;
- sufficient evidence of dumping/subsidisation, injury and a causal link.


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

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