EU issues new anti-dumping regulations

October 28, 2018

On January 11, 2010, the official website of the European Union released information, and the EU Anti-Dumping Basic Regulations Council No. 384/96 was replaced by the Council Regulation No. 1225/2009. The new regulations came into effect on January 11, and the original regulations and related amendments and regulations became invalid from now on. Since the entry into force of the original 384/96 regulations in 1996, the European Commission has revised it several times. The new regulations issued this time are only a combined version of all previous regulations.

From the specific content, the new Regulation No. 1225/2009 supplements the following provisions with the original 384/96 regulations:

Article 2 (normal value), paragraph 2, paragraph 2, adds to the content of how to adjust costs; paragraph 7 (b) (market economy treatment) includes Vietnam and Kazakhstan, and deleted Russia;

Article 5 of the ninth article (terminating the investigation, the final taxation), added five criteria for obtaining a separate tax rate;

Article 11 (Review), paragraph 5, specifies and adjusts the time limits for sunset review, mid-term review and review of new exporters;

Article 12: The name is changed from “re-investigation” to “absorption”; paragraphs 1, 3 and 4, the time and tax rate for launching the anti-absorption investigation (not exceeding twice the original tax rate), and the decision-making method (currently reversed) Simple majority), time limit (now 9 months) and other specific procedures are supplemented;

Article 13 (Evading), paragraph 1, specifies the scope of anti-circumvention measures; paragraph 4 specifies the specific procedures for exemptions;

Paragraph 7 of Article 14 (General Provisions) incorporates the right of the Commission to request information from Member States on the implementation of measures;

Article 8 (No Cooperation), paragraph 5, joins the content of the European Commission's reference to the world market and other representative markets when calculating the normal value of uncooperative enterprises.