Table of contents for A concise guide to the EU anti-dumping/anti-subsidies procedures / by Themistoklis K. Giannakopoulos.


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Chapter I
Introduction                                                     1
I.  Definition of Dumping and Subsidy - Conditions for Taking
Action                                                       3
II. Brief Description of the Procedure                           4
Schematic Diagram: How an Investigation Proceeds in
Anti-dumping/Anti-subsidies Cases                                7
Chapter II
Substantial Issues of Dumping and Subsidies                      9
I.   Basic Principles Regarding Dumping and Subsidies            9
II.  Definition of a Subsidy - Countervailable and Non-
Countervailable Subsidies                                  10
A. Countervailable Subsidies: The Condition of Being
Specific                                               11
B. Non-countervailable Subsidies                           12
C. The Annexes to the Anti-subsidies Regulation            13
1. Annex I: A Non-exhaustive List of Export Subsidies  13
2. Annex II: Guidelines on Consumption of Inputs in
the Production Process                             15
3. Annex III: Guidelines on the Determination of
Substitution Drawback Systems as Export Subsidies  16
III. Calculation of Dumping and Countervailable Subsidies       16
A. Determination of Dumping                                16
1. 'Like Product'                                      17
2. Normal Value                                        24
a. No Production or Sales of the Like Product by
the Exporter                                  25
b. Sales between Associated Entities/Entities having
a Compensatory Arrangement                    25
c. Representative Domestic Sales of the Like
Product                                        26
d. Constructed Normal Value: No or Insufficient
Sales of the Like Product/No Chance of
Comparison Due to Particular Market Situation  26
e. Sales at Prices below Unit Production Costs    28
f. Constructed Normal Value: Calculation of
Costs                                          29
i.  The Records of the Parties                 29
ii. Allocation of Costs                        29
iii. Start-up Operations                       30
g. Constructed Normal Value: Determination of the
Amounts for Selling, General and Administrative
Costs and Profits                              31
h. Normal Value of Products Imported from
Traditional Non-market Economy Countries       31
i.  Market Economy Treatment (MET) for
Companies                                      33
j.  Country-wide Market Economy Status (MES)      40
3. Export Price                                       42
4. Comparison                                         43
a. Physical Characteristics                       44
b. Import Charges and Indirect Taxes              44
c. Discounts, Rebates and Quantities              44
d. Level of Trade                                 44
e. Transport, Insurance, Handling, Loading and
Ancillary Costs                                45
f. Packing                                        45
g. Credit                                         45
h. After-sales Costs                              46
i. Commissions                                    46
j. Currency Conversions                           47
k. Other Factors                                  47
5. Dumping Margin                                     47
B. Calculation of the Amount of Countervailable Subsidies  49
1. Calculation of Benefit to the Recipient            49
2. General Provisions on Calculation of Countervailable
Subsidies                                         50
a. Elements Deductible from the Total Amount of
Subsidy                                        50
b. Subsidy Granted by Reference Other than the
Quantities Manufactured, Produced, Exported,
or Transported                                50
c. Subsidy Linked to Acquisition of Fixed Assets  50
IV. Determination of Injury                                   51
A. Injury                                                51
1. Injury Indicators                                 53
B. Causation                                             57
C. Other Factors Causing Injury                          57
D. Threat of Material Injury                             61
E. Material Retardation                                  62
V.   Definition of Community Industry                         63
A. Major Proportion                                      63
B. Community Producers Who are Related to Exporters/
Importers, or are Importers Themselves of the Product  64
C. Regional Industry                                     68
VI. Sampling                                                  69
Chapter III
Procedural Issues of Dumping and Subsidies                    71
I.  Initiation of an Anti-dumping/Anti-subsidies Procedure:
the Filing of a Complaint                                 71
A. Legal Basis                                            71
B. Form and Content of the Complaint                      71
C. Selectivity of the Complaint                           77
D. Withdrawal of the Complaint                            78
E. The Position of Complainants Once an Anti-dumping/
Anti-subsidies Complaint has been Lodged              79
F. Legal Remedies with Regard to the Commission's
Handling of the Complaint                             81
1. Action for Annulment                               81
2. Action for Failure to Act                          83
II. The Procedure Following the Initiation of Proceedings     84
A. Initiation of Proceedings                              84
B. Requests for Information: No Obligation of the Parties
to Co-operate and Provide It                          86
C. Verification of Information by the Commission:
No Obligation of the Parties to Co-operate and Submit
to On-the-spot Investigations                         88
D. Non-cooperation of the Parties - Best Information
Available Rule                                        93
E. Procedural Safeguards for the Parties Involved in an
Anti-dumping/Anti-subsidies Investigation             95
F. The Right to a Fair Hearing                             96
1. Access to Information                               97
a. Access to the File                               97
i.  Legal Basis - Conditions of Access -
Categories of Entitled Parties              97
ii.  The Content of the File that should be
Accessible to the Parties                   99
iii. Forms of Access to the File               101
b. The Right to be Informed of the Essential Facts
and Considerations and the Right to Make
Submissions Thereon                            102
2. The Right to be Heard                               106
G. The Right to Confidential Treatment of Information      109
H. The Right to Meet Opponents: Confrontation Meetings     117
I.  The Assessment of the Community Interest Prior to the
Imposition of Anti-dumping/Countervailing Measures
(Community Interest Test)                             118
1. Substantive Issues                                 118
2. Procedural Issues                                  122
Chapter IV
The Outcome of Anti-dumping/Anti-subsidies Investigations      129
I.    Imposition of Provisional Measures by the Commission     129
A. Prerequisites for the Imposition of Provisional Duties  129
B. Procedure for the Imposition of Provisional Duties   130
C. Duration of Provisional Duties                       130
II.   Termination of Investigation by Acceptance of
Undertakings by the Commission                          131
A. Prerequisites for the Acceptance of Undertakings by
the Commission and Consequences Thereof             131
B. The Option of the Commission to Suggest Undertakings  134
C. Obligations of the Parties Offering/Accepting
Undertakings                                        135
D. Breach or Withdrawal of Undertakings                 135
E. Example of an Acceptable Undertaking                 137
III.  Termination of the Proceedings Without Measures -
Imposition of Definitive Duties by the Commission       138
A. Termination Without Measures - De Minimis            138
B. Imposition of Definitive Duties                      140
C. Retroactive Application of Measures                  143
IV.   Duration of Measures - Reviews                           145
A. Expiry Reviews                                       145
B. Interim Reviews                                      155
C. Newcomer Reviews in Anti-dumping Cases               155
D. Accelerated Reviews in Anti-subsidies Cases          157
E. Time-limits for Reviews                              157
F. General Provisions on Reviews                        158
V.    Refunds                                                 159
A. The Notice of the Commission Regarding Refunds       160
1. General Issues                                   160
a. The Persons Entitled to Apply for
Reimbursement                                160
b. Establishment of Revised Dumping Margin      160
c. The Parties that have to Co-operate for a
Successful Refund Application                161
d. Deadlines Regarding Submission of Applications,
Decisions by the Commission, Payment by
Member States' Authorities                   161
e. The Sum that may be Refunded                 162
2. Procedural Issues                                162
a. Lodging the Application - Form and Content
of the Application                           162
b. Submission of the Application                162
c. Time-limits for the Submission of an
Application                                  163
d. Recurring Applications                       164
3. Substantive Issues                               164
a. Investigation of a Refund Application        164
i.  Evidence Requested from the Applicant    164
ii.  Evidence Requested from the Exporting
Producer                                 165
(a) Representative Period               165
(b) Questionnaires                       165
iii. Analysis of Merits '                    166
(a) General Methodology                  166
(b) Construction of the Export Price     166
(c) Use of Review Findings               166
(d) Extrapolation                        166
iv. Non-cooperation of the Parties Involved -
Best Information Available Rule          167
v.  Disclosure for Importers - Co-operating
Exporters                                167
4. Results of a Successful Refund Application       167
a. Excess Amount to be Repaid                   167
b. Payment                                      168
c. Revocation of a Decision to Reimburse        168
VI.   Absorption of Measures                                  169
VII.  Circumvention of Measures                               171
VIII. Suspension of Measures                                  177
IX.   General Provisions - Publication of Measures -
Consultations                                          178
Chapter V
Judicial Review of the Various Commission Decisions in
Anti-dumping/Anti-subsidies Cases                             181
I.  Action for Annulment: Challengeable Acts and the Locus
Standi of the Interested Persons                          181
A. Initiation by the Commission of an Anti-dumping or
an Anti-subsidies Proceeding                          182
B. Regulations Imposing Anti-dumping or Countervailing
Duties                                                184
1. Exporters and Producers                           186
2. Importers                                          193
3. Complainants and Community Producers Supporting
the Complaint                                     197
4. Users and Consumers                                198
C. Actions against Regulations Imposing Provisional Duties
Superseded by a Definitive Regulation                 199
D. Action against the Termination Without Measures        199
E. Action against the Council's Failure to Adopt a Regulation
Imposing Definitive Duties                           200
F. Action against a Refusal of the Council to Grant
Retroactivity to a Regulation Reducing the Anti-dumping
Duty                                                 205
G. Action against a Decision Terminating a Review
Proceeding                                           205
II. Actions for Failure to Act - Actions for Damages          206
Indicative Bibliography                                      215
Case Law of the European Courts                              219
Community Institutions' Acts Imposing Measures               223



Library of Congress subject headings for this publication: Antitrust law European Union countries, Competition, Unfair European Union countries, Antidumping duties Law and legislation European Union countries, Droits antidumping Droit Pays de l'Union européenne, Concurrence Droit Pays de l'Union européenne, Concurrence déloyale Pays de l'Union européenne