Protection from dumped and subsidised imports

15-02-2018

On 9 November 2016, the European Commission published a proposal for targeted changes to the EU anti-dumping and anti-subsidy regulations. The proposal was 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 was 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 replaces the ‘analogue country methodology’ which was previously applied to non-market economies (NMEs) under EU law and remains in place for non-WTO members. The amendments to the anti-subsidy regulation insert due process and transparency provisions required to capture subsidies identified only in the course of anti-subsidy probes. Fourth edition. The ‘EU Legislation in Progress’ briefings are updated at key stages throughout the legislative procedure.

On 9 November 2016, the European Commission published a proposal for targeted changes to the EU anti-dumping and anti-subsidy regulations. The proposal was 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 was 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 replaces the ‘analogue country methodology’ which was previously applied to non-market economies (NMEs) under EU law and remains in place for non-WTO members. The amendments to the anti-subsidy regulation insert due process and transparency provisions required to capture subsidies identified only in the course of anti-subsidy probes. Fourth edition. The ‘EU Legislation in Progress’ briefings are updated at key stages throughout the legislative procedure.