EU Trade law update: key changes to anti-dumping laws adopted in Brussels

This week the Council of Trade Ministers adopted important changes to the EU's anti-dumping legislation.

Key aspects of the newly adopted rules include:

  • amendments to anti-dumping calculations regarding the normal value when market distortions are present; and
  • the possibility for the Commission to prepare and issue reports to the public on possible market distortions in any given country or sector.

The normal value influences the calculation of anti-dumping duties and eventually also the level of such duties to be levied. Therefore, the EU institutions consider these as essential for the protection of EU businesses against unfair trade (i.e. dumping) practices – in the the EU's view the determined normal value should reflect the undistorted domestic price of the exporting country.

In the event that market distortions are present, the Commission can now construct the normal value based on undistorted prices or benchmarks. Further, the Commission will prepare and issue reports to the public on specific market circumstances in any given country or sector which could be used in (complaints for initiating) anti-dumping investigations.

It is expected that the new rules will enter into force on 20 December 2017. If you welcome more information on the changed anti-dumping regulation or on other EU trade related matters, please contact our Trade & Customs team.

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