News Article

Vietnam Profiting from Relaxed EU Dumping Legislation

Laws & Regulations

BRUSSELS, Belgium – Since 1998, Russia and China have enjoyed a special regime in the case of European dumping investigations because they are considered to be in transition to market economies. On 12 October, the European Council extended this regime to seven more countries, including Vietnam. Thanks to the amended legislation, exporters in Albania, Georgia, […]

BRUSSELS, Belgium – Since 1998, Russia and China have enjoyed a special regime in the case of European dumping investigations because they are considered to be in transition to market economies. On 12 October, the European Council extended this regime to seven more countries, including Vietnam.
Thanks to the amended legislation, exporters in Albania, Georgia, Kazakhstan, Kyrgyzstan, Mongolia, Ukraine and Vietnam can apply for individual treatment in dumping investigations. However, they must first meet certain criteria established by the Council that prove they are operating under market conditions. If their evidence is conclusive, the European Commission will calculate the normal value on the basis of their own prices and costs instead of on the basis of information from the analogue country.
If the general investigation reveals dumping, all exporters who did not apply for individual treatment will pay the same anti-dumping duty. Those exporters who did apply for individual treatment will be exempted if they are found innocent of dumping. If, on the other hand, dumping is found, they will be charged an individual duty in proportion to their dumping margin. If that margin is higher than the one in the general investigation, they will pay a higher duty, and vice versa.
Another important change in the European dumping legislation is that this special market economy regime becomes automatically applicable to every non-market economy country that joins the World Trade Organization. (AR)

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