Unfair trading practices such as dumping and the granting of subsidies have
long been identified as threats to open markets. Yet despite decades of
international trading rules, global markets are still jeopardized by practices
which can cause material injury to industries and put employment at risk. The
European Union has been a leader in its determination to ensure that its
industries are not disadvantaged by such practices, that Community interests
are defended, and that fair competition is restored where needed.
The basic texts which form the legal basis of anti-dumping and anti-subsidy
investigations in the Community entered into force in 1996 and 1997. The
procedures developed in these texts, as amended, and in their corresponding
regulations, are the subject of this extremely helpful guide. Practitioners
who must follow these often complex procedures will find precise guidelines
for the substantive determinations that must be made such as calculating the
material injury, determining the cause of injury, and applying the Community
interest test and then be able to move confidently through every procedural
step, including the following:
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Initial complaint
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Questionnaires
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Confrontation meetings and oral hearings
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Investigations by Commission official;
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Offer and acceptance /rejection of undetaking;
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Commenting on the Commission's provisional decision
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Requesting review of measures and refunds and
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Judicial review
Throughout the presentation the author describes relevant cases and actual
measures taken. Tables of cases and measures as well as a bibliography are
included.
Business people and their counsel, whether engaged in trade within the EU or
between any country and an EU Member State, will benefit enormously from the
detailed guidance offered in this incomparable volume. The book will also be
invaluable to academics and policymakers as an unclouded analysis of
anti-dumping/anti-subsidies procedures under EC law.
I. Introduction.
II. Substantial Issues of
Dumping and Subsidies. A. Basic Principles Regarding Dumping and
Subsidies. B. Definition of a Subsidy Countervailable and
Non-Countervailable Subsidies. C. Calculation of Dumping and
Countervailable Subsidies. D. Determination of Injury. E.
Definition of Community Industry. F. Sampling.
III. Procedural
Issues of Dumping and Subsidies. A. Initiation of an
Anti-Dumping/Anti-Subsidies Procedure: The Filing of a Complaint. B.
The Procedure Following the Initiating of Proceedings.
IV. The
Outcome of Anti-Dumping/Anti-Subsidies Investigations. A. Imposition of
Provisional Measures by the Commission. B. Termination of Investigation
by Acceptance of Undertakings by the Commission. C. Termination of the
Proceedings Without Measures Imposition of Definitive Duties by the
Commission. D. Duration of Measures Reviews. E. Refunds. F.
Absorption of Measures. G. Circumvention of Measures. H.
Suspension of Measures. I. General Provisions Publication of Measures
Consultations. V. Judicial Review of the Various Commission Decisions in
Anti-Dumping/Anti-Subsidies Cases. A. Action for Annulment: Challengeable
Acts and the Locus Standi of the Interested Persons. B. Actions for
Failure to Act¿Actions for Damages. Case Law of the European Courts. Community
Institutions Acts Imposing Measures. Indicative Bibliography.