Anti-DumpingThe first and most frequently used trade remedy in the EU is the anti-dumping action. Dumping is regarded as the sale of goods on another market at a lower price than their normal value, which is usually the price paid for the same goods when sold on the domestic market. In case the sale of such goods is causing material injury to the local producers of the same goods, a remedy in the form of an anti-dumping duty may be applied. The EC anti-dumping measures must meet all the applicable procedural and substantive requirements set forth in both Article VI of the GATT 1994 and the Anti-Dumping Agreement of the WTO. The structure of the Basic Anti-dumping Regulation of the EC is very similar to that of the WTO Anti-Dumping Agreement. In order to impose anti-dumping measures, it must be demonstrated that imports of the product concerned are being dumped on the EU market, that the Community industry is suffering material injury, that there is a causal link between the dumped imports and the injury to the Community industry, and that the imposition of measures is in the Community interest. Once anti-dumping duties are imposed, they normally remain valid for a period of five years. The Basic Anti-dumping Regulation provides for several types of review of the level and of the period of validity of the anti-dumping measures. Van Bael & Bellis assists clients involved in EU anti-dumping proceedings in dealing with all aspects of the case, including completion of questionnaire responses, drafting of injury submission, preparation of and attendance at on-the-spot verifications by Commission officials, representation of clients at hearings before Commission officials and lobbying at all levels of the Commission and Member State administrations. Van Bael & Bellis also provides strategic advice to clients who wish to prepare for future anti-dumping actions or who wish to cope with the aftermath of an anti-dumping measure, including interim and sunset reviews, anti-absorption and anti-circumvention investigations as well as refund applications. Van Bael & Bellis has unmatched experience in representing anti-dumping clients in litigation before the EU Courts. Van Bael & Bellis has successfully brought the following landmark cases before the EU Courts: Timex (1985), Fediol (1988), Al-Jubail (1991), Rima (1993), Starway (2000), Fresh Marine Company (2000 and 2003), Kundan (2002), Ikea (2007), Huvis (2009), Kirovo-Chepetsk (2009), Foshan Shunde and MTZ Polyfilms (2009). Van Bael & Bellis regularly advises foreign governments on trade law and has been asked to train the anti-dumping and anti-subsidy units of several WTO Members with respect to the practical and legal intricacies of anti-dumping proceedings. The International Trade Centre (ITC), jointly set up by WTO and UNCTAD, requested Van Bael & Bellis to conduct seminars on anti-dumping in a number of developing countries. The firm's expertise in trade law is further evidenced by the fact that Van Bael & Bellis has been asked to represent clients in anti-dumping proceedings in a number of foreign jurisdictions. Click here to view a list of anti-dumping cases handled by Van Bael & Bellis members. |
