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.

 

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