On 4 December 2017, the Council approved the new rules on the anti-dumping methodology. The text is expected to be signed in Strasbourg on 13 December, and the publication in the Official Journal is expected on 19 December. It will then enter into force on 20 December.
This new anti-dumping methodology will identify and redress cases where prices of imported products are artificially lowered due to state intervention. The new legal framework removes the former distinction between market and non-market economies for calculating dumping while maintaining the same level of protection for producers. The Commission will now need to prove the existence of a "significant market distortion" between a product's sale price and its production cost. On that basis, it will be allowed to set a price for the product by referring for example to the price of the good in a country with a similar level of economic development or to relevant undistorted international costs and prices. The Commission will also draft specific reports on countries or sectors describing distortions. In line with current practice, it will be for EU firms to file complaints, but they will be able to use the Commission’s reports to support their case.
During the first week of December, the EU Commission published the Trade Defence statistics. These statistic have not been subject to a detailed analysis by the EU Institutions but rather give an indication of the evolution of the anti-dumping, anti-subsidy and safeguard activities. On 30/11/2017, there were 99 provisional and definitive anti-dumping measures (which were subsequently extended in 30 cases ) and 13 provisional and definitive countervailing measures (which were subsequently extended in 3 cases ) in force.
The document is available HERE.