On 17 September 2024, the European Public Prosecutor’s Office (EPPO), an EU body that prosecutes among others financial crimes that affect the EU budget, announced that it is seeking criminal penalties from two companies and five of their directors of more than 8 years imprisonment along with a fine of over EUR 25 million. Over 30 properties linked to the defendants were seized to ensure that the defendants can meet their financial liabilities. EPPO alleges…
In 2023, the EU applied anti-dumping or anti-subsidy duties (together “AD/AS duties”) on imports of 141 products from 20 countries. The EU regularly extends these duties to imports of these products from other countries to counter circumvention. As context, to see whether AD/AS duties apply, you need to look at the non-preferential origin of imported products. For example, EU AD/AS duties on Indonesian stainless steel apply on stainless steel with non-preferential origin Indonesia, regardless of…
On April 22, 2024, the United States Trade Representative (USTR) announced its initiation of a Section 301 investigation into China’s acts, policies and practices in the maritime, logistics, and shipbuilding sectors. The investigation is in response to a petition filed in March by five US labor unions alleging that China engages in unreasonable or discriminatory practices that provide unfair advantages in the maritime industries. The petition cited specific conduct alleged to target the maritime, logistics,…
In the Court of Justice of the EU (“CJEU”) judgment of 23 November 2023 in case C-653/22 J.P. Mali, the CJEU ruled on the EU principle of proportionality with respect to the imposition of penalties for underpayment of customs duties (including anti-dumping duties) in Member States. The case concerned Hungarian company J.P. Mali, which imported into Hungary bicycles and bicycle parts declared as originating in Taiwan. For context, both bicycles and bicycle parts originating in…
Companies importing goods into the EU should be aware of a recent uptick in investigations into alleged circumvention of EU anti-dumping and/or anti-subsidy duties, and, in particular, the implications of such investigations under customs law. For context, in August 2023, the European Commission initiated three circumvention investigations, covering imports of biodiesel consigned from China, plywood consigned from Kazakhstan and Türkiye, and stainless steel consigned from Taiwan, Türkiye and Vietnam. These investigations signal a return of…
Few companies know all the opportunities the World Trade Organization (“WTO”) offers to resolve trade-related problems or frictions. The WTO’s functioning does not depend only on its Dispute Settlement Body (“DSB”). It has several committees that can be even more powerful than the DSB. Examples are the Committee on Anti-Dumping Practices (“AD Committee”) and the Committee on Subsidies and Countervailing Measures (“SCM Committee”). This Blog explains how both offer a forum to resolve practical and…
In the realm of international trade, the anti-dumping instrument plays a crucial role in safeguarding domestic industries against unfair trading practices. The high number of anti-dumping investigations initiated around the world, as well as an increasingly broad product scope (such as touted cases on hydrogen or electric vehicles), mean that many internationally active companies will need to be aware of anti-dumping. While World Trade Organization law sets out the general framework for municipal anti-dumping rules,…
Background Discussions at the World Trade Organization (“WTO”) on key issues concerning the regulation of international trade are intensifying in the lead up to the 13th biennial meeting of the highest decision making organ of the organization — the Ministerial Conference — scheduled to take place from 26-29 February 2024 in Abu Dhabi (“MC13”). Several informal meetings are being held in Geneva to streamline the work programme for MC13. One such meeting, scheduled to take…
World Trade Organization (“WTO”) Members laid out several key principles for determining the customs value of imported goods in the 1995 Customs Valuation Agreement (“CV Agreement”) with the aim of ensuring that the value of Members’ tariff concessions would not be nullified or undermined. Nonetheless, the WTO is – incorrectly – seldomly considered as a relevant forum for addressing customs valuation issues. This blog post highlights two avenues at the WTO for dealing with customs…
Türkiye as a Target for EU Trade Remedy Measures – What Turkish Exporting Producers Should Know The European Union (EU) actively uses anti-dumping and anti-subsidy (or countervailing duty) investigations to protect the EU manufacturing industry from competition from imports. Imports from Türkiye are a prime target for these investigations: in the past 20 years, imports from Türkiye were targeted in 15 anti-dumping and anti-subsidy investigations. Five of these investigations were initiated in the last three…