Anti-dumping duties

What is anti-dumping?

Countries may apply anti-dumping measures against imports of a product at an export price below its ‘normal value’ (usually the price of the product in the domestic market of the exporting country) if such dumped imports cause injury to a domestic industry.

What are legal acts concerning anti-dumping duties?

It is Agreement on Implementation of Article VI (Anti-dumping) of General Agreement on Tariffs and Trade (GATT). In the EU, it is Regulation (EU) 2016/1036 of the European Parliament and of the Council of 8 June 2016 on protection against dumped imports from countries not members of the European Union.

How the proceedings can be initiated in the EU?

An investigation shall be initiated upon a written complaint by any natural or legal person, acting on behalf of the Union industry. The complaint may be submitted to the Commission or to a Member State, which shall forward it to the Commission.

How anti-dumping duties are imposed?

Anti-dumping duties are imposed by regulation, published in the Official Journal of the European Union (OJ), for example, Commission Implementing Regulation (EU) 2022/926 of 15 June 2022 imposing a definitive anti-dumping duty on imports of tubes and pipes of ductile cast iron (also known as spheroidal graphite cast iron) originating in India.

How long an anti-dumping measure remains in force?

An anti-dumping measure shall remain in force only as long as, and to the extent that, it is necessary to counteract the dumping which is causing injury. A definitive anti-dumping measure shall expire five years from its imposition, for example, see the Notice of the expiry of certain anti-dumping measures published in the OJ C 369 (27.9.2022). 

Where can I check if the product I plan to import into the EU is subject to an anti-dumping duty?

Use the TARIC database for this purpose.