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…
The e-commerce moratorium at the World Trade Organization (WTO) continues to provide fertile ground for discussions between WTO Members (Members). In the most recent discussion round, held in April 2023 in the context of the WTO Work Programme on Electronic Commerce, Members agreed there was a need for further discussions on the definition and scope of the moratorium, and on its implications on developing countries. The moratorium has a long history. In 1998, Members adopted…
Indonesia as a Target for EU Trade Remedy Measures – What Indonesian Exporting Producers Should Know The European Union (EU) actively uses anti-dumping and anti-subsidy (or countervailing duty) investigations to protect the EU industry. Imports from Indonesia are a prime target for these investigations. Since 2003, imports from Indonesia were targeted in 15 anti-dumping and anti-subsidy investigations, and four of these investigations were initiated in the last three years. As the Indonesian manufacturing industry continues…
Baker McKenzie’s Global Compliance Blog published “Global: Raw Material Agreements: The New Trade Frontier,” which can be viewed here.