Protection from dumped and subsidised imports

10-11-2017

On 9 November 2016, the European Commission published a proposal for targeted changes to the EU anti-dumping and anti-subsidy regulations. The proposal is a response to the expiry of parts of China’s WTO accession protocol in December 2016 and to unfair trade practices from third countries. At the core of the amendments of the anti-dumping regulation is the use for WTO members of prices derived from constructed values in situations where there are ‘substantial market distortions’ in the country of export under investigation. This approach would replace the ‘analogue country methodology’ which is currently applied to non-market economies (NMEs) under EU law and would remain in place for non-WTO members. The amendments to the anti-subsidy regulation would insert due process and transparency provisions required to capture subsidies identified only in the course of anti-subsidy probes.

On 9 November 2016, the European Commission published a proposal for targeted changes to the EU anti-dumping and anti-subsidy regulations. The proposal is a response to the expiry of parts of China’s WTO accession protocol in December 2016 and to unfair trade practices from third countries. At the core of the amendments of the anti-dumping regulation is the use for WTO members of prices derived from constructed values in situations where there are ‘substantial market distortions’ in the country of export under investigation. This approach would replace the ‘analogue country methodology’ which is currently applied to non-market economies (NMEs) under EU law and would remain in place for non-WTO members. The amendments to the anti-subsidy regulation would insert due process and transparency provisions required to capture subsidies identified only in the course of anti-subsidy probes.