In order for anti-dumping or anti-subsidy duties to be imposed, it is necessary to show that the imposition of the duties would not be against the Union interest. Determining the Union interest is based not only on the interests of the EU producers of the product under investigation, but also on the interests of importers, users and consumers of that product.

 

AD and AS measures are imposed only if they are not against the overall interest of the Union.

 

The analysis of the Union interest also takes into account the interests of importers, users and consumers.

 

So, to have your views taken into account during the proceedings, it is important that from the beginning of the investigation you make yourself known to the European Commission, according to the instructions contained in the notice of initiation.

 

Once registered, you will be able to express your views fully on the investigation, for instance by completing the questionnaires sent to you by the European Commission.

 

Since anti-dumping and anti-subsidy investigations take into account the interests of several players in the EU, the various interests may be conflicting. The European Commission takes all these interests into due consideration before finally determining what constitutes the Union interest. Measures are normally in the public interest if there is dumping/subsidisation, injury and a causal link. However, in exceptional circumstances, for instance if measures would have disproportionate consequences on users of the imports, such measures would not be imposed because they would be against the interest of the Union.

 

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