Anti-dumping

Anti-dumping Actions by the EU

Important Points to Note¹

General

Information required in the investigation questionnaire for exporters/producers

The questionnaire generally asks for information relating to an "investigation period" which will be a period of not less than six months immediately prior to the initiation of the AD proceeding.

The European Commission (the "Commission") does not use a standard questionnaire for all AD investigations. Instead, a special questionnaire is tailor-made for each case. The information requested normally covers the following areas:

• general information about the company's business;
• current and past sales, in quantity and value terms, of the product under investigation;
• export sales of the product under investigation to the EU, on a sale-by-sale basis (including details on prices and all relevant selling costs) ;
• domestic sales of the product under investigation, on a sale-by-sale basis (including details on prices and all relevant selling costs) ; and
• details of costs of production of the product under investigation with details of all selling, general and administrative expenses.

In the past, very specific information was requested in the questionnaire of some AD cases. Such information included:

• list of shareholder in the company who owned more than 5% of the shares during the investigation period and the activities of these shareholders;
• details of the production line and its major components with a complete flow chart of the production cycle and descriptions of each stage in the process;
• the company's channels of distribution to the EU starting from the factory gate up to the first resale to unrelated customers.

Sampling

For those cases involving a large number of complainants, exporters, importers, types of product or transactions, the Commission may limit the investigation to a reasonable number of parties, products or transactions by using samples. The sample should be statistically valid on the basis of information available at the time of the selection, or the largest representative volume of production, sales or exports which can reasonably be investigated within the time available.

Exporters/producers should make themselves known to the Commission and also indicate their agreement to being included in the sample. This would imply an agreement to reply to a questionnaire and accept on-the-spot investigation.

Co-operating Companies

These are exporters/producers that participate fully in and satisfy the requirements of an AD investigation. 

A separate dumping margin and duty rate may be calculated for each of these exporters/producers on the basis of their own production/sales data. Even if the Commission limits the investigations to certain "sampled" exporters/producers, the Commission should calculate individual margins for other exporters/producers who submit the necessary information within the time limits. However, if the number of such exporters/producers is so large that individual examinations would be unduly burdensome and would prevent the timely completion of the investigation, the Commission may decide not to calculate individual margins for them. Exporters/producers who have made themselves known to the Commission, but whom the Commission has not included in the "sample" or given an individual margin, will receive the weighted-average margin of dumping established for the parties in the sample.

As some of the co-operating companies may be able to secure an AD duty rate as low as zero, it is in the interests of the exporters/producers concerned to co-operate in any AD investigation.

Non-co-operation

These are exporters/producers who refuse access to or fail to provide the necessary information within the time limits provided, refuse verification or supply false or misleading information.

The Commission will use "facts available" to determine the existence of dumping and the dumping margin for these exporters/producers. 

This will typically lead to the highest AD duty rate. It is therefore in the interests of the exporters/producers concerned to co-operate fully in any AD investigations.

AD Proceedings Targeted at the Mainland of China

In December 2017, the EU introduced a dumping margin calculation methodology on imports from World Trade Organisation (WTO) members whose prices and costs are distorted because of state intervention and in this context, the Commission published a report on Mainland China. There is no list of countries to which the methodology applies and the report published does not mean that the methodology will be automatically applied to all imports from Mainland China. The Commission will examine whether distortions exist in each and every case based on its own merits.

Important Time Limits to Observe in an AD Investigation

Time Limits 2 [from the date of publication of the Notice of Initiation of the AD proceeding in the Official Journal of the EU, unless otherwise specified.]	Actions Required
Within 10 days	Exporters/producers to comment on the relevant sources that the Commission intends to use for the purpose of determining normal value in respect of the Mainland of China.
Within 7 days	Exporters/producers to indicate their interest to be selected for sampling to the Commission and provide the information requested in the Notice of Initiation.
Within 7 days	Interested parties not named in the AD complaint to make themselves known to the Commission and request questionnaires from the Commission.
Within 37 days of the date of the notification of the sample selection	Sampled exporters/producers to complete and submit questionnaires to the Commission. Non-sampled exporters/producers claiming individual dumping margins to request questionnaires, complete and submit them to the Commission.
Within 37 days	All interested parties to make their views known, submit information and provide supporting evidence to the Commission, unless otherwise specified.
Within 15 days	All interested parties requesting to be heard by the Commission investigation services on issues pertaining to the initial stage of the investigation to submit request to the Commission in writing and specify the reasons for the request.
Not later than 8 months	The Commission may impose provisional AD duties.
Within 14 months	The Commission must conclude the investigation. For affirmative determinations, definitive AD duties, if any, must be imposed before the conclusion of the investigation.

 

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Note:

1. While every effort is made to ensure the accuracy of the above information, the Department cannot guarantee this to be so and will not be held liable for any reliance placed on the same. Please refer to the EU's Basic Anti-dumping Regulation: Regulation (EU) 2016/1036 (https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:02016R1036-20200811&from=EN) or seek legal advice for clarification of the EU's anti-dumping proceedings whenever necessary.

2. The time limits provided are for reference purposes only. Different AD investigations may have different time limits. Interested parties should refer to the deadlines specified in the relevant Notice of Initiation published in the Official Journal of the European Union.