Anti-dumping and countervailing duties

Anti-dumping measures can be taken when under-priced imports cause considerable damage to EU industries or pose a risk of such damage, and when those measures serve EU interests. Anti-dumping and countervailing duties are levied on goods in addition to the general duty, and they are added to the value added taxable value of the goods.

In Finland, anti-dumping matters are the responsibility of the Department for External Economic Relations of the Ministry for Foreign Affairs. Anti-dumping duties are levied by Customs.

How is anti-dumping investigated?

An anti-dumping investigation is opened through a written complaint submitted to the Commission by the European industry concerned or someone on its behalf. The complaint is, as a rule, lodged with the competent authority in the Member State. The authority checks the correctness of the complaint and participates in the investigation as the processing of the matter proceeds.

Public notice in the Official Journal of the EU

If the complaint contains enough evidence and grounds, the Commission will publish a public notice of the initiation of an anti-dumping proceeding in series C of the Official Journal of the European Union (OJ). The notice contains the following information: the product being investigated, the exporting countries, the time (37–45 days) reserved for the interested parties to make their views known to the Commission.

The interested parties can request to be heard by the Commission or they can request that an official meeting be held where they can take a stand on the claims of the opposite party. It is important to be heard within the given time limit, because it is the only way to ensure the supervision of one’s interests at the later stages of the processing of the matter.

Provisional anti-dumping duty

When there is enough proof of the injury caused by the dumping, a provisional anti-dumping duty is imposed for a period of up to nine months. This duty is levied so that a cash deposit or other equivalent guarantee covering the amount of the anti-dumping duty is lodged in connection with the import of the goods to the EU. At this stage of the investigation, a survey of each exporter is carried out. The definitive anti-dumping duties are established based on this survey. An exporter that has entered into a price undertaking can be granted a partial or total exemption from the anti-dumping duty.

Definitive anti-dumping duty

In connection with the imposition of a definitive anti-dumping duty, a decision is also made on the levy of the provisional duty. At this point, the provisional duty cannot be raised. The definitive anti-dumping duty is imposed for five years. One year after the imposition, its level can be checked, where justified. Around six months before the expiry, a notice of it is published in series C of the OJ. If, at this time, there is sufficient evidence of a likely continuation of the disturbance, the anti-dumping duty shall remain in force pending the outcome of the review.

The provisional and the definitive anti-dumping duty are published in series L of the OJ. The duty enters into force on the day following that of its publication. A decisive moment in respect of the levy of the anti-dumping duty is the release of the goods from customs supervision to free circulation in the EU.

The anti-dumping duty can be levied as a percentage rate based on the customs value. It can also levied as an amount equal to the unit price or as the difference between the base price determined through the anti-dumping regulation and the customs value, where the latter is lower. Finnish Customs publishes the currency conversion rates at the beginning of each month on its website.

Countervailing duty

Countervailing duties are imposed in the same way as anti-dumping duties.

How are the anti-dumping measures shown in the Finnish Customs Tariff?

For each commodity code subject to an anti-dumping measure, there is a reference (number 2) in the column for appendices in parts 1 and 2 of the Customs Tariff.

The application of these measures is made easier by the list of the applicable measures in appendix 2 of part 3 of the Customs Tariff. In addition to the commodity codes concerned, the list also contains, for each commodity code, the goods description, the country that the measure concerns, the anti-dumping or countervailing duty rate as well as, when the measure only concerns a particular company, the name of the company and the applicable Taric additional codes. New anti-dumping and countervailing measures are published as customer notices on the Customs website.

Points to consider

An anti-dumping duty can be imposed if goods have been brought in at a dumped price, i.e. they have been sold for export at a price that is lower than the cost of production or the domestic prices. Anti-dumping duties are often imposed on particular companies.

A countervailing duty can be imposed if a country has subsidised its exports. A product may be subject to both an anti-dumping duty and a countervailing duty.

The imposition anti-dumping and countervailing measures is always preceded by an investigation. The investigation takes up to 15 months (anti-dumping duty) or 13 months (countervailing duty).

Definitive measures, an anti-dumping duty or a countervailing duty, can be imposed after the investigation. They are to lapse after five years.

Provisional measures. The Commission can impose provisional measures during an investigation, no earlier than 60 days from initiation and no later than nine months thereafter. A provisional anti-dumping duty is imposed for a period of up to of six months. A provisional countervailing duty is imposed for a period of up to of four months. A guarantee must be lodged them. The guarantee is collected as definitive, if a definitive anti-dumping or countervailing duty is imposed.

Price undertaking. An exporter undertakes to raise its export prices so that no injury will be caused to the EU. The Commission can accept the undertaking offered by the exporter. The exporter presents a price undertaking invoice in accordance with the regulation and is completely exempted from the anti-dumping or countervailing duty.

Valid commercial invoice In some cases, the exporter is to present a valid commercial invoice according to the template, so that a reduced individual anti-dumping or countervailing duty can be applied upon import.

The Commission can initiate an interim review if the circumstances have changed after the imposition of the definitive measures. After the review, the Commission can e.g. change the anti-dumping duty rate. The interim review is initiated no earlier than a year after the imposition of the anti-dumping or countervailing measures.

A new exporter can apply for a review for a new exporter if it has not exported goods to the EU before the anti-dumping or countervailing measures. After the review, the company can get an individual duty.

An expiry review is often initiated before the expiry of the definitive measures. What is reviewed is whether the imposition of the measures should continue. This is also the only thing reviewed. After the expiry review, e.g. the goods concerned or the duty rates will not be changed. The anti-dumping or countervailing duty is imposed during the expiry review.

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