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Dr. Bregt Natens (Belgium)

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EU: Ruling from the highest court has impact on companies’ ability to relocate manufacturing in response to trade wars

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In a landmark ruling on 21 November 2024, the European Court of Justice (“ECJ”) dismissed an appeal, upholding the General Court of the European Union’s original decision that relocation of production from the US to Thailand with the dominant purpose of avoiding EU retaliatory tariffs on US-origin goods could not be “economically justified” and as such falls foul of the EU’s “anti-circumvention” rules. This decision could have wide-ranging impacts, including a significant impact on companies’…

Inward processing in continuous production processes is complicated if anti-dumping duties are in play

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Companies engaged in continuous production processes may face challenges when using the EU inward processing procedure. For background, inward processing allows an EU company to import materials without having to pay import duties and other charges like anti-dumping and anti-subsidy duties, if the product made with these imported materials is exported. First, EU customs law allows companies to use inward processing if the imported non-EU materials used in the production can be identified in the…

Storage and inward processing dilemma when EU anti-dumping measures are in place

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Under EU customs law, storing and warehousing EU and non-EU goods is possible if certain conditions are met. However, since 2020, non-EU goods subject to anti-dumping, countervailing, or safeguard measures, can no longer be stored together with EU goods. This is because EU customs law now states that non-EU goods subject to anti-dumping measures do not have the same commercial quality as EU goods, and goods that do not have the same commercial quality cannot…

EU starts automatically registering imports of products subject to anti-dumping and anti-subsidy investigations

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On 24 September, the European Commission (“Commission”) announced that, as a general policy measure, it would start automatically registering imports of products subject to anti-dumping and anti-subsidy investigations, including in ongoing investigations. Until now, complainants had to request the Commission to register imports based on evidence of stockpiling (i.e., of increased imports during the investigation). On 24 October, the Commission published a several regulations in fact registering imports in all ongoing anti-dumping and anti-subsidy investigations.…

Front Polisario: Court of Justice confirms that EU institutions violated right to self‑determination of Sahrawi people

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On 4 October 2024, the Court of Justice of the European Union (CJEU) delivered judgments in Front Polisario (joined cases C‑778/21 P and C-798/21 P and joined cases C‑779/21 P and C-799/21 P). These judgments concern appeals brought by the European Commission and the Council of the EU against judgments of the General Court of the EU annulling EU decisions related to agreements between the EU and Morocco involving the Western Sahara territory. The EU…

EU: Anti-dumping measures to apply in more situations because Commission extends definition of “consigned from” (updated)

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This blog concerns an update of our previous blog on the extension of the definition of “consigned from”, to be found here. 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…

EU: Evading anti-dumping duties – EPPO seeks prison sentences of 8 years for company directors, a fine of over EUR 25 million and seizes assets

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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…

EU: Anti-dumping measures to apply in more situations because Commission extends definition of “consigned from”

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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…

United States: Any Port in a Storm: USTR to Investigate Chinese Shipbuilding Subsidies

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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,…

Court of Justice of the EU allows Member States to impose significant penalties if customs duties are underpaid – even in cases of good faith

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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…