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(Unintended) origin fraud and duty evasion: Beware of anti-circumvention investigations

By , and 3 Mins Read

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…

Using the WTO Trade Remedies Committees as a Forum to Resolve Trade Frictions

By , , , , and 5 Mins Read

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…

Navigating Global Anti-Dumping Procedures: A Comparative Table of Anti-dumping Procedures in Key Jurisdictions

By , , , , , and 2 Mins Read

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,…

EU Anti-dumping and Anti-subsidy Duty Enforcement: Increased Actions Against Imports from Türkiye

By , , and 3 Mins Read

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…

China is set to review the trade remedies measures on Australia barley

By 3 Mins Read

The Ministry of Commerce of China (“MOFCOM”) initiated an antidumping and countervailing duty administrative review of Barley from Australia, effective on 14 April 2023. For all Australian barley exporters, this is an opportunity to revoke the existing antidumping and countervailing duties and resume exportation to China. Background Since 19 May 2020, Australian barley has been subject to 73.6% antidumping and 6.9% countervailing duties in China, following the original antidumping and countervailing duty investigations launched by…

EU Anti-dumping and Anti-Subsidy Duties: Increased Actions Against Imports from Indonesia

By , , and 3 Mins Read

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…

US Commerce Department Considers Revising “Particular Market Situation” Methodology

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Seeking public comments On November 18, 2022, the US Department of Commerce (“DOC”) published a notice of a proposed change to its particular market situation (“PMS”) methodology. Since the 2015 expansion of the DOC’s PMS authority, the DOC has been using the PMS methodology in the calculation of antidumping duty rates when it considers that there is a market distortion in the exporting country under investigation, such as the availability of low-priced energy, which reduces…

EU-US Trade Update: EU Suspends Retaliatory Measures

By 2 Mins Read

As of November 30, 2021, a number of retaliatory measures have been suspended by the European Commission with regard to certain products originating in the US, based on Implementing Regulation (EU) 2021/2083. These measures were initially introduced on June 20, 2018, in response to US import tariffs on steel and aluminium originating from the EU. The US has meanwhile announced on October 31, 2021 that it will lift these measures under tariff rate quotas effective…