Proposed Modernisation of Anti Dumping Duty (ADD)

16 April 2013

The EU Commission made a proposal on 10 April to modernise ADD.  The proposal must be approved by the Council and EU Parliament and is unlikely to become law before 2014.

The key proposals include:

  • Informing businesses of any ADD measures two weeks before they are to be imposed to help predictability of costs;
  • Offer reimbursement of ADD’s collected during an expiry review if the review concludes that the ADD should be terminated;
  • Allow the EU Commission to initiate ADD investigations on its own without a compliant being made by EU businesses
  • Extend certain deadlines in which EU businesses and trade associations must provide information;
  • Improve monitoring of trade flows to spot potential ADD issues and circumvention;
  • Allow the EU Commission to initiate anti-circumvention investigations on its own; and
  • Provide further working guidelines in some of the more complex areas.

The proposals do not include any protection for importers acting in good faith who import goods subsequently found to attract ADD due to circumvention attempts by suppliers.  There are steps businesses can take to minimise these risks and we would be happy to explore these with you.

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