Eu Anti dumping and Other Trade Defence Instruments 6th Edition by Van Bael, Bellis 9041199667 9789041199669

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ISBN 10: 9041199667

ISBN 13: 9789041199669

Author: Van Bael, Bellis

The sixth edition of this definitive work, last revised in 2011, gives detailed attention to all legislative, regulatory and judicial developments that have arisen under European Union (EU) and World Trade Organization (WTO) law on trade defence instruments up to February 2019, including the amended 2018 EU anti-dumping regulation. As trade law practitioners and scholars have come to expect from the trade law team of the Brussels law firm Van Bael & Bellis, the book continues to provide comprehensive, up-to-date analysis and critical commentary on EU instruments dealing with anti-dumping, countervailing, safeguard and trade barrier measures. The emphasis throughout is on the practical application of the rules.

Eu Anti dumping and Other Trade Defence Instruments 6th Table of contents:

Chapter 1 Introduction: The EU Trade Defence Laws in Perspective

§1.01 THE SCOPE OF THIS WORK

[A] Anti-dumping Measures

[B] Countervailing or Anti-subsidy Measures

[C] Safeguard Measures

[D] Measures under the ‘Trade Barrier Regulation’

§1.02 GENERAL

§1.03 TFEU: COMMON COMMERCIAL POLICY

§1.04 TFEU: UNION INSTITUTIONS

[A] The Commission

[B] The Council of Ministers and EU Member States

[1] The Advisory Procedure

[2] The Examination Procedure

[3] The Appeal Committee

[4] The Voting Rules

[C] The European Parliament

[D] The Court of Justice of the European Union

[1] The General Court

[2] The Court of Justice

[3] Direct Actions Available to the Plaintiff

[a] Action for Annulment

[b] Action for Failure to Act

[c] Action for Damages

[4] Preliminary Ruling

[5] Procedure

[6] Appeal

§1.05 ANTI-DUMPING PROCEEDINGS

§1.06 ANTI-SUBSIDY PROCEEDINGS

§1.07 SAFEGUARD PROCEEDINGS

§1.08 TRADE BARRIER REGULATION

§1.09 GENERAL COMMENTS

Part I Anti-dumping Measures

Chapter 2 Anti-dumping

§2.01 GENERAL POSITION

§2.02 LEGISLATIVE HISTORY

§2.03 THE SCOPE OF THE REGULATION

§2.04 THE EUROPEAN ECONOMIC AREA

[A] ‘Union Acquis’

[B] Anti-circumvention

§2.05 CUSTOMS UNION WITH TURKEY

[A] The Association Agreement

[B] The Decision Implementing the Final Phase of the Customs Union

Chapter 3 Substantive Elements I: Dumping

§3.01 INTRODUCTION

§3.02 INTRODUCTION

[A] The Notion of ‘Exporting Country’

[B] Trading Companies

[C] Normal Value Computed on a Monthly, Quarterly or Half-Yearly Basis

[D] Calculation of the Normal Value in Cases Where Two or More Related Exporting Producers Manufacture Products Originating in the Same Investigated Country

[E] Type-by-Type Analysis: The Notion of ‘Product Control Number’ (‘PCN’)

§3.03 NORMAL VALUE DETERMINATION: THE APPLICABLE METHODS

§3.04 THE GENERAL PRINCIPLE: DOMESTIC MARKET PRICES

§3.05 GROUNDS FOR DISREGARDING DOMESTIC MARKET PRICES

[A] No or Insufficient Sales of the Like Product

[B] No Sales in the Ordinary Course of Trade

[1] Sales below Cost

[2] Associated Parties and Compensatory Arrangements

[3] Other Circumstances in Which Sales Were Considered Not to Have Been Made in the Ordinary Course of Trade

[C] Sales Not Permitting a Proper Comparison

[D] Existence of Significant Price Distortions in the Exporting Country

§3.06 FIRST ALTERNATIVE NORMAL VALUE: NORMAL VALUE ESTABLISHED ON THE BASIS OF PRICES OF OTHER SELLERS OR PRODUCERS

§3.07 SECOND ALTERNATIVE NORMAL VALUE: CONSTRUCTED NORMAL VALUE

§3.08 CONSTRUCTED NORMAL VALUE: RULES CONCERNING THE DETERMINATION OF COSTS

[A] Use of the Party’s Records and Costs Not Reasonably Reflected in the Records of the Party Concerned

[B] Cost Allocations

[C] Start-Up Operations

§3.09 THE ELEMENTS OF THE CONSTRUCTED NORMAL VALUE

[A] Cost of Production

[1] Cost of Materials

[2] Direct Labour Costs

[3] Manufacturing Overheads

[B] SGA Expenses

[1] Basic Rule

[2] Alternative Methods for Determining SGA: General Comments

[3] Alternative Methods for Determining SGA: Specific Analysis

[C] Profit Margin

§3.10 THIRD ALTERNATIVE NORMAL VALUE: EXPORT PRICE TO A THIRD COUNTRY

§3.11 NEW METHODOLOGY FOR NORMAL VALUE DETERMINATION IN CASE OF SIGNIFICANT PRICES AND COSTS DISTORTIONS IN THE EXPORTING COUNTRY

[A] Significant Distortions

[B] Undistorted Prices and Benchmarks

[C] International Social and Environmental Standards

[D] Burden of Proof

[E] Grandfathering Provisions

[F] WTO Consistency

[G] Procedure

§3.12 INTRODUCTION

§3.13 NORMAL VALUE DETERMINATION FOR IMPORTS FROM COUNTRIES NOT MEMBERS OF THE WTO AND LISTED IN ANNEX I TO REGULATION 2015/755

[A] The Selection of the ‘Appropriate Representative Country’

[1] Empirical Selection Process

[2] Factors Used to Justify Choices of Representative Countries Before the 2017 Amendment to the Regulation

[B] Methods to Determine Normal Value

[C] Adjustments

§3.14 THE NOTION OF EXPORT PRICE

[A] The Volume of Transactions Investigated

[B] Imports under Inward Processing Procedure

[C] Sample Sales

§3.15 THE ACTUAL EXPORT PRICE

§3.16 CONSTRUCTED EXPORT PRICE

[A] Circumstances under Which the Export Price May Be Constructed

[B] Construction of the Export Price

[1] Price of First Resale to an Independent Buyer

[2] On Any Reasonable Basis

[C] Determination of the Export Price in Case of Sales Through a Related Company Located Outside the Union

[1] The Related Company Is an Internal Export Sales Department of the Producer

[2] The Related Company Carries Out the Function of a Trader Acting on a Commission Basis

[3] The Related Company Performs the Functions of a Related Importer

§3.17 INTRODUCTION

§3.18 GENERAL PRINCIPLES

[A] Comparison at the Same Time

[B] Non-exhaustive List of Permissible Adjustments

[C] No Duplication

[D] Burden of Proof

§3.19 SPECIFIC RULES FOR THE DETERMINATION OF THE PERMISSIBLE ADJUSTMENTS

[A] Physical Characteristics

[1] Which Physical Differences Qualify?

[2] Method of Calculating the Allowance

[B] Import Charges and Indirect Taxes

[C] Discounts, Rebates and Quantities

[1] Discounts and Rebates

[2] Differences in Quantities

[D] Level of Trade

[E] Transport, Insurance, Handling, Loading and Ancillary Costs

[F] Packing

[G] Credit

[H] After-Sales Costs

[I] Commissions

[J] Currency Conversions

[1] The Rate of Exchange on Date of Sale

[2] The Rate of Exchange in Forward Sales

[3] Exchange Rate Fluctuations

[K] Other Factors

[1] Notional Quantity Discounts

[2] Export Subsidy

[3] Finance Costs for Value Added Tax

[4] Advertising Costs

[5] Seasonal Prices

[6] Financing Costs for Keeping Stocks

[7] Sponsor Fee

[8] Competition from Other Products

[9] Flooding

[10] R&D and Design Costs

[11] International Sanctions

[12] Branded v. Unbranded Products

[13] Royalties

§3.20 INTRODUCTION

§3.21 THE GENERAL PRINCIPLE: FIRST SYMMETRICAL METHOD OF COMPARISON

§3.22 THE EXCEPTION: ASYMMETRICAL METHOD OF COMPARISON

§3.23 THE ISSUE OF ‘ZEROING’

§3.24 SAMPLING

§3.25 INDIVIDUAL OR GENERAL DUMPING MARGIN

Chapter 4 Substantive Elements II: Injury

§4.01 INTRODUCTION

§4.02 THE DETERMINATION OF THE ‘PRODUCT CONCERNED’ OR ‘PRODUCT UNDER CONSIDERATION’

[A] Factors Taken into Account in the ‘Product Concerned’ Determination

[1] Essential Physical, Technical and Chemical Characteristics

[2] Main Uses and Applications

[3] Degree of Interchangeability

[4] Consumer Perception and Sales Channels

[5] Production Process

[6] CN Codes

[7] Special Cases

[B] Modifications of the Scope of the Investigation

§4.03 LIKE PRODUCT DEFINITION

[A] Introduction

[B] Criteria Analysis

§4.04 THE CONCEPT OF UNION INDUSTRY

§4.05 THE DEFINITION OF THE UNION INDUSTRY: THE UNION PRODUCERS AS A WHOLE OF THE LIKE PRODUCTS (OPTION 1)

[A] Exception 1: Union Producers Related to Exporters or Importers

[B] Exception 2: Union Producers Importing the Product Concerned

§4.06 THE DEFINITION OF THE UNION INDUSTRY: THE UNION PRODUCERS REPRESENT A MAJOR PROPORTION OF THE TOTAL UNION PRODUCTION OF THE LIKE PRODUCTS (OPTION 2)

§4.07 REGIONAL INDUSTRY

§4.08 THE CONCEPT OF ‘INJURY’

§4.09 MATERIAL INJURY

§4.10 VOLUME OF DUMPED IMPORTS

[A] Statistics on Imports

[B] Volume of Imports in Absolute Terms

[C] Volume of Imports in Relative Terms

[1] ‘Captive Market’ and ‘Free Market’

[2] Negligible Volume Test

§4.11 PRICE OF DUMPED IMPORTS

[A] Price Undercutting

[1] ‘Significant’ Price Undercutting

[2] Price Undercutting Calculation

§4.12 CUMULATION

[A] General

[B] The Commission’s Practice: Cumulation of the Effects of Imports from Several Exporting Countries

§4.13 IMPACT OF THE DUMPED IMPORTS ON THE UNION INDUSTRY

[A] Production and Capacity Utilization

[B] Stocks

[C] Sales, Market Share and Growth

[D] Prices

[E] Profits, Return on Investments, Cash Flow, Investments and Ability to Raise Capital

[F] Employment and Wages

[G] Magnitude of the Dumping Margin

[H] Other Factors

§4.14 THREAT OF MATERIAL INJURY

§4.15 MATERIAL RETARDATION OF THE ESTABLISHMENT OF A UNION INDUSTRY

§4.16 INJURY IN REVIEW INVESTIGATIONS

[A] Injury Assessment in Expiry Review Investigations

[B] Injury Assessment in Interim Review Investigations

Chapter 5 Substantive Elements III: Causation

§5.01 BASIC PRINCIPLES

§5.02 THE COMMISSION’S PRACTICE REGARDING THE POSITIVE TEST (THE ‘ATTRIBUTION ANALYSIS’)

§5.03 THE COMMISSION’S PRACTICE REGARDING THE NEGATIVE TEST (THE ‘NON-ATTRIBUTION ANALYSIS’)

[A] Measures Which Facilitate and Promote Imports

[B] Imports from Third Countries

[C] Imports by the Union Industry

[D] Performance by the Union Industry

[1] Decrease in Production

[2] Exports

[3] Investments and Capacity

[4] Management

[5] Technological Development

[6] Competitiveness/Inefficiency

[7] Other Factors Invoked

[E] Relocation of Union Production

[F] Market Conditions

[1] Oversupply

[2] Autonomous Cyclical Development

[3] Costs of Raw Material

[4] Contraction in Demand/Changes in Consumption

[5] Anticompetitive Behaviour

[6] Substitutable Products

[7] Exchange Rates

[G] Non-dumped Imports

[H] Others

Chapter 6 Substantive Elements IV: Union Interest

§6.01 ASSESSMENT OF UNION INTEREST: THE EXISTING RULES

§6.02 THE ASSESSMENT OF THE UNION INTEREST

[A] General Considerations

[B] Interests of the Union Industry (and Its Upstream Industries)

[C] Interests of Users/Processors

[D] Interests of Importers/Distributors/Traders

[E] Interests of Consumers

[F] Competition Within the Union

§6.03 ‘PUBLIC INTEREST’ IN THE WTO ANTI-DUMPING AGREEMENT

Chapter 7 Relief

§7.01 INTRODUCTION

§7.02 RULES AND PRACTICE GOVERNING THE IMPOSITION OF DUTIES

§7.03 LEGAL FORM OF THE IMPOSITION OF DUTIES

§7.04 AMOUNT OF DUTY

[A] Injury Margin

[1] Undercutting

[2] Underselling

[3] Individual Injury Margin

[B] De Minimis Dumping Margins

[C] Principle of Non-discrimination

[D] Imposition of the Anti-dumping Duty in the Appropriate Amounts

§7.05 APPLICATION OF DUTY

[A] Geographic Scope

[B] Entry into Force

[C] Retroactivity

[D] Residual Duty

[E] Special Measures for the Application of Individual Duty Rates

[F] Combination of Anti-dumping and Other Protective Measures

[G] Collection of Duty

[H] Suspension of Duty

[I] Inward Processing Procedure

§7.06 DEFINITION OF PRODUCT

§7.07 INDICATION OF ORIGIN

§7.08 FORM OF DUTY

§7.09 INDIVIDUAL OR GENERAL DUTIES

§7.10 INTRODUCTION

§7.11 CONDITIONS FOR ACCEPTING AN UNDERTAKING

§7.12 TYPICAL CONTENTS OF UNDERTAKINGS

§7.13 ADVANTAGES AND DRAWBACKS OF UNDERTAKINGS

§7.14 ANTITRUST ASPECTS OF UNDERTAKINGS

§7.15 EXPIRY, WITHDRAWAL OR VIOLATION OF UNDERTAKINGS

[A] Automatic Lapse

[B] Withdrawal or Violation of Undertakings

§7.16 DIRECT ACTION AGAINST A DECISION TO REJECT AN UNDERTAKING OFFER OR TO WITHDRAW AN UNDERTAKING

Chapter 8 Procedure

§8.01 INTRODUCTION

§8.02 REQUIREMENTS REGARDING THE COMPLAINANT

§8.03 REQUIREMENTS REGARDING THE CONTENTS OF THE COMPLAINT

§8.04 REQUIREMENTS REGARDING THE FORM OF THE COMPLAINT

§8.05 EXAMINATION PRIOR TO THE FORMAL SUBMISSION OF THE COMPLAINT

§8.06 DISCRIMINATION BETWEEN SOURCES FOUND TO BE DUMPED AND CAUSING INJURY

§8.07 FORMAL SUBMISSION OF THE COMPLAINT

§8.08 REJECTION OR WITHDRAWAL OF THE COMPLAINT

§8.09 INITIATION IN THE ABSENCE OF A COMPLAINT BY THE UNION INDUSTRY

§8.10 CONSEQUENCES OF AN INITIATION ON THE BASIS OF AN INVALID COMPLAINT OR ONE WHICH INFRINGES PROCEDURAL REQUIREMENTS

§8.11 PUBLICATION AND INFORMATION REQUIREMENTS

§8.12 DIFFERENCE BETWEEN PROCEEDINGS AND INVESTIGATIONS

§8.13 IN GENERAL

§8.14 INVESTIGATION PERIOD

§8.15 DURATION OF THE INVESTIGATION

§8.16 REQUESTS FOR INFORMATION

§8.17 USE OF INFORMATION FROM AFTER THE INVESTIGATION PERIOD

§8.18 TIME LIMITS FOR RESPONDING

§8.19 ADVANTAGES OF COOPERATION

[A] WTO Case Law

[B] Consequences of Non-cooperation: Use of Facts Available

[C] Non-cooperation in the Form of Submission of False and/or Misleading Information

[D] Partial Non-cooperation

[E] Requirements Regarding Deficient Responses and the Use of Facts Available

§8.20 SAMPLING

[A] Union Producers and Importers

[B] Exporting Producers

[C] Non-cooperation among Sampled Companies

§8.21 ON-THE-SPOT VERIFICATIONS

[A] Supporting Evidence Usually Requested by Commission Officials

[1] For Sales (Export and/or Domestic)

[a] Invoices

[b] Sales Ledger

[c] Company Books

[d] Allowances

[2] For Cost of Production

[a] Company Internal Records

[b] Invoices

[B] Mission Reports

§8.22 RIGHTS OF DEFENCE

§8.23 RIGHT TO ACCESS INFORMATION

§8.24 CONFIDENTIAL INFORMATION

§8.25 DISCLOSURE

§8.26 HEARINGS

§8.27 THE HEARING OFFICER

§8.28 PROVISIONAL DUTIES

§8.29 REGISTRATION OF IMPORTS

§8.30 TERMINATION OF THE INVESTIGATION WITHOUT THE ADOPTION OF PROTECTIVE MEASURES

§8.31 DEFINITIVE ANTI-DUMPING DUTIES AND DEFINITIVE COLLECTION OF PROVISIONAL DUTIES

§8.32 RETROACTIVE IMPOSITION OF DEFINITIVE DUTIES

§8.33 ACCEPTANCE OF UNDERTAKINGS

§8.34 INFORMATION REQUIREMENTS

[A] Union Member States

[B] Agreements with Third Countries

§8.35 PUBLICATION

§8.36 EXPIRY OF DEFINITIVE MEASURES

§8.37 REPEAL OR ANNULMENT OF DEFINITIVE MEASURES

§8.38 AMENDMENT TO DEFINITIVE MEASURES

§8.39 SUSPENSION OF DEFINITIVE ANTI-DUMPING MEASURES

§8.40 INTRODUCTION

[A] In General

[1] The Scope of Review Investigations

[2] Procedure and Time Limits Applicable to Review Investigations

[3] Methodology Applicable in Review Investigations

[B] Dumping Margin Determination

[C] Injury Determination in Expiry Reviews and Interim Reviews (Including Partial Interim Reviews Limited to Injury)

[D] Recurrence of Dumping and Injury in Expiry Reviews and Interim Reviews (Including Partial Interim Reviews Limited to Dumping and/or Injury)

§8.41 EXPIRY REVIEWS

[A] In General

[B] Lodging of a Request for an Expiry Review

[C] Contents of the Request

[D] Initiation and Conduct of Investigations

[1] Time Limit to Initiate Expiry Review Investigations

[2] Scope of Expiry Review Investigations

[3] Procedural Rules and Methodology to Be Used in Expiry Review Investigations

[4] Determination of Continuation or Recurrence of Dumping and Injury

[5] Union Interest Requirement in Expiry Review Investigations

[E] Outcome of the Expiry Review

§8.42 INTERIM REVIEWS

[A] In General

[B] Lodging a Request for a Review

[C] Contents of the Request

[D] Initiation and Conduct of Investigations

[E] Outcome of an Interim Review

§8.43 COMBINED INTERIM AND EXPIRY REVIEW INVESTIGATION

§8.44 NEW EXPORTER REVIEWS

[A] In General

[B] Contents of the Request

[C] Initiation and Conduct of Investigations

[D] Outcome of a New Exporter Review

§8.45 REVIEWS PURSUANT TO A WTO DISPUTE SETTLEMENT PROCEEDING

[A] In General

[B] The ‘WTO Enabling Regulation’

[C] The WTO EC: Bed Linen Case

[D] The WTO EC: Tube or Pipe Fittings

[E] The WTO EC: Fasteners Case

[F] The WTO EU: Biodiesel Case

§8.46 IN GENERAL

§8.47 CONTENTS OF A REQUEST FOR AN ANTI-ABSORPTION INVESTIGATION

§8.48 REINVESTIGATION

[A] Initiation and Procedure

[B] Methodology

[1] Examination of Lack of Sufficient Movement in Resale Prices or a Decrease in Export Prices

[2] Examination of Normal Value

[3] Recalculation of the Dumping Margin

[C] Outcome of an Anti-absorption Investigation

§8.49 IN GENERAL

[A] Purpose of Refund Investigations

[B] Relationship Between Refund and Review Investigations

§8.50 SUBMISSION OF A REFUND APPLICATION

§8.51 CONTENTS OF A REFUND APPLICATION

§8.52 INVESTIGATION

[A] Evidence

[B] Methodology

[C] Treatment of Related Importers

[D] Duration

§8.53 OUTCOME OF A REFUND APPLICATION

§8.54 INTRODUCTION

§8.55 THE COURT OF JUSTICE AND THE GENERAL COURT

§8.56 ACTIONS BEFORE THE GENERAL COURT AND THE COURT OF JUSTICE

[A] Direct Actions Before the General Court

[1] Action for Annulment

[2] Action for Failure to Act

[3] Action for Damages

[4] Application for Interpretation

[B] Preliminary Rulings

[C] Appeals

§8.57 ACTS REVIEWABLE UNDER ARTICLE 263 TFEU

§8.58 STANDING UNDER ARTICLE 263 TFEU

[A] Introduction

[B] Union Producers

[C] Exporting Producers and Related Importers

[D] Unrelated Importers and Traders

[E] OEM Customers

[F] Consumer Organizations

[G] Member States and Union Institutions

[H] Intervention

§8.59 GROUNDS FOR REVIEW UNDER ARTICLE 263 TFEU

§8.60 STANDARD APPLIED BY THE EUROPEAN COURTS

[A] The Rights of the Defence

[B] The Obligation to State Reasons

[C] The Principle of Legal Certainty

[D] The Principle of Equal Treatment

[E] The Principle of Proportionality

§8.61 TIME LIMITS

[A] Action for Annulment

[B] Action for Failure to Act

[C] Action for Damages

§8.62 PROCEDURE

[A] Direct Actions and Appeals Before the Court of Justice

[B] Preliminary Rulings

§8.63 INTERIM MEASURES

§8.64 RECOVERABLE COSTS

§8.65 COMPLIANCE WITH A JUDGMENT OF THE EUROPEAN COURTS INVALIDATING A REGULATION IMPOSING ANTI-DUMPING MEASURES

§8.66 REPAYMENT OR REMISSION OF ANTI-DUMPING DUTIES PAID FOLLOWING A JUDGMENT OF THE EUROPEAN COURTS INVALIDATING A REGULATION IMPOSING ANTI-DUMPING MEASURES

§8.67 TEMPORARY MAINTENANCE OF THE EFFECTS OF THE REGULATION IMPOSING ANTI-DUMPING DUTIES AFTER ITS ANNULMENT BY THE EUROPEAN COURTS

Chapter 9 Circumvention

§9.01 INTRODUCTION

§9.02 ARTICLE 13(1): CIRCUMVENTION DEFINED

[A] Change in the Pattern of Trade

[B] Practice, Process or Work for Which There Is Insufficient due Cause or Economic Justification

[C] Evidence of Injury or That the Remedial Effects of the Anti-dumping Duty Are Being Undermined

[D] Evidence of Dumping

§9.03 ARTICLE 13(2): CIRCUMVENTION IN THE FORM OF ASSEMBLY OPERATIONS IN THE UNION OR IN A THIRD COUNTRY

[A] Article 13(2)(a): Start of or Substantial Increase in Operations

[B] Article 13(2)(b): The 60% and 25% criteria

[1] First Criterion: 60% or More of the Total Value of the Parts Constituting the Assembled Product

[a] Origin of the Parts

[b] Valuation of the Parts

[2] Second Criterion: 25% of the Value Added to the Parts Brought In

[C] Article 13(2)(c): Undermining the Remedial Effects of the Duty and Evidence of Dumping

§9.04 ARTICLE 13: PROCEDURAL ASPECTS

[A] Registration – Exemption

[B] Ad Hoc Exemption Procedure Applicable to Bicycle Parts Assembled in the Union

[1] Essential Bicycle Parts That Are Imported Directly by an Assembler

[2] Essential Bicycle Parts That Are Not Imported Directly by an Assembler

[C] Extension of Measures: Reviews

§9.05 ‘COMPLETE OR FINISHED ARTICLES’

§9.06 INTRODUCTION

§9.07 ORIGIN RULES UNDER THE ‘UCC’, THE UCC DELEGATED ACT AND THE UCC IMPLEMENTING ACT

[A] Article 60(2) of the UCC: The General Non-preferential Origin Rule Applicable to Goods the Production of Which Involves More Than One Country or Territory

[B] Product-Specific Origin Rules Applicable to Goods the Production of Which Involves More Than One Country or Territory

[C] The Anti-circumvention Provision of Article 60(2) of the UCC

§9.08 PROCEDURE

[A] Administrative Procedure

[B] Judicial Procedure

[C] The European Anti-Fraud Office

§9.09 WTO AGREEMENT ON RULES OF ORIGIN

[A] Scope of Non-preferential Origin Rules

[B] Requirements

[1] Clear Definition of the Applicable Origin Rules

[2] Rules of Origin Should Be Based on a Positive Standard

[3] Issuing of Binding Origin Rulings

[4] Non-retroactivity of Changes in the Origin Rules

[C] Harmonization of Origin Rules

Part II Subsidies and Countervailing Measures

Chapter 10 Introduction

§10.01 IN GENERAL

Chapter 11 Substantive Elements

§11.01 INTRODUCTION

§11.02 COUNTRY OF EXPORT

§11.03 IN GENERAL

§11.04 SUBSIDY

[A] Financial Contribution by a Government

[1] Principle

[2] The Concept of ‘Public Body’

[3] The Concepts of Government ‘Entrustment’ and ‘Direction’

[4] Benefit to the Recipient or Cost to the Government

[B] Income or Price Support

[C] Benefit

[1] Principle

[2] Beneficiary

[3] Actual or Potential Benefit

§11.05 COUNTERVAILABLE SUBSIDIES: THE CONCEPT OF SPECIFICITY

[A] The Concept of Specificity

[1] Prohibited Subsidies

[2] Specific Subsidies

[B] The Practice of the Commission

§11.06 VALUATION OF THE AMOUNT OF THE SUBSIDY

[A] General Principle

[B] The Investigation Period

[C] Calculation of the Benefit to the Recipient

[1] Grants

[a] Direct Transfers of Funds

[b] Tax Benefits

[c] Refund of Import Duties upon Exportation of Finished Products

[d] Accelerated Depreciation

[e] Forgiveness of Government-Held Debt

[f] Revenue Forgone or Not Collected

[2] Loans

[3] Loan Guarantees

[4] Provision of Goods and Services by the Government

[5] Purchases of Goods by the Government

[6] Government Provision of Equity Capital

[D] The Calculation of the Subsidy Amount

[1] Deduction of Certain Expenses

[2] Determination of the Full Benefit to the Recipient

[3] Allocation to the Investigation Period

[4] Allocation to Turnover

[E] WTO Case Law on the Determination of the Subsidy Amount

§11.07 DETERMINATION OF INJURY AND CAUSATION

[A] Past Subsidization or Dumping

[B] Extent of Countervailable Subsidization

[C] Duty of Care in Imposing Countervailing Measures in the Case of Threat of Injury

[D] De Minimis Subsidies

[E] Injury and Causation under WTO Law

§11.08 UNION INTEREST IDENTIFIED

Chapter 12 Relief

§12.01 INTRODUCTION

§12.02 IN GENERAL

[A] Duration of Provisional Countervailing Duties

[B] Form of the Measures

[C] Injury Margin

[D] Retroactivity

[E] Non-cumulation of Anti-dumping and Countervailing Measures

[1] Domestic Production Subsidies

[2] Export Subsidies

§12.03 RELATIONSHIP BETWEEN COUNTERVAILING DUTIES AND MULTILATERAL REMEDIES

§12.04 REMEDIES UNDER THE WTO AGREEMENT

§12.05 IN GENERAL

§12.06 UNION PRACTICE

Chapter 13 Procedure

§13.01 PROCEDURE

§13.02 COMPLAINT

§13.03 INITIATION OF PROCEEDINGS

§13.04 INVESTIGATIONS

§13.05 SUBSIDY SCHEMES WITHIN THE SCOPE OF THE INVESTIGATION

§13.06 USE OF FACTS AVAILABLE

§13.07 PROVISIONAL MEASURES

§13.08 REVIEWS AND REFUNDS

[A] Interim Reviews

[B] New Exporter Reviews

[C] Refunds

§13.09 CIRCUMVENTION

Part III Safeguard Measures

Chapter 14 Substantive Elements

§14.01 INTRODUCTION

§14.02 PREREQUISITES FOR THE ADOPTION OF SAFEGUARD MEASURES

§14.03 UNFORESEEN CIRCUMSTANCES AND THE EFFECT OF THE OBLIGATIONS INCURRED UNDER THE GATT 1994

§14.04 INCREASE IN IMPORTS

§14.05 INJURY

[A] The Injury Test

[B] Like or Directly Competing Products

[C] Serious Injury

[D] Actual Serious Injury

[1] Volume of Imports

[2] Price of Imports

[3] Impact upon Union Producers

[E] Threat of Serious Injury

[F] Causation

§14.06 UNION INTERESTS

[A] Concept of ‘Union Interests’

[B] Commission’s Approach

Chapter 15 Relief

§15.01 INTRODUCTION

§15.02 SPECIAL RULE FOR DEVELOPING COUNTRIES

§15.03 FREE TRADE AGREEMENTS

§15.04 PRINCIPLES UNDERLYING THE ESTABLISHMENT OF QUOTAS

§15.05 LEVEL OF A QUOTA

§15.06 ALLOCATION OF A QUOTA AMONG SUPPLIER COUNTRIES

§15.07 TERRITORIAL COVERAGE OF A QUOTA

§15.08 PRODUCTS ON THEIR WAY TO THE UNION

§15.09 PROCEDURE FOR ADMINISTERING A QUOTA

§15.10 ADDITIONAL DUTY ON IMPORTS

§15.11 CUMULATION

§15.12 BASIS FOR SURVEILLANCE MEASURES

§15.13 THE POWER TO ADOPT SURVEILLANCE MEASURES

§15.14 IMPORT DOCUMENTS

§15.15 INFORMATION ON PRODUCTS SUBJECT TO SURVEILLANCE MEASURES

§15.16 DURATION OF SURVEILLANCE MEASURES

Chapter 16 Procedure

§16.01 IN GENERAL

§16.02 THE COMMITTEE

§16.03 INFORMATION OBLIGATION

§16.04 CONSULTATIONS

§16.05 INTRODUCTION

§16.06 INITIATION OF A PROCEEDING

§16.07 INVESTIGATION

[A] Powers of Investigation

[1] Power to Seek Information

[2] Supply of No or False Information

[B] Hearing of Interested Parties

[C] Investigation Report

[D] Confidentiality

§16.08 TERMINATION OF A PROCEEDING

§16.09 IN GENERAL

§16.10 PROVISIONAL SAFEGUARD MEASURES

§16.11 DEFINITIVE SAFEGUARD MEASURES

§16.12 DURATION OF DEFINITIVE SAFEGUARD MEASURES

§16.13 REIMPOSITION OF SAFEGUARD MEASURES

§16.14 ADMINISTRATIVE REVIEW

§16.15 JUDICIAL REVIEW

§16.16 NOTIFICATIONS TO THE WTO COMMITTEE ON SAFEGUARDS

Part IV The Trade Barrier Regulation

Chapter 17 Introduction

§17.01 IN GENERAL

§17.02 SCOPE AND PURPOSE

§17.03 PRACTICE

Chapter 18 Substantive Elements

§18.01 INTRODUCTION

§18.02 DEFINITION

§18.03 INTERNATIONAL TRADE RULES

§18.04 THIRD COUNTRY

§18.05 TRADE PRACTICES LIKELY TO CONSTITUTE OBSTACLES TO TRADE

[A] Breaches of the GATT 1994

[1] Prohibition of Quantitative Restrictions (Article XI)

[2] National Treatment (Article III)

[3] Requirements Regarding the Publication and Administration of Trade Regulations (Article X)

[4] Requirements Relating to Fees and Formalities Connected with Importation and Exportation (Article VIII)

[5] Freedom of Transit (Article V)

[6] State Trading Enterprises (Article XVII)

[B] Breaches of WTO Agreements Which Further Develop the Legal Principles Embodied in the GATT 1994

[1] WTO Agreement on Technical Barriers to Trade and the WTO Agreement on the Application of Sanitary and Phytosanitary Measures

[2] WTO Agreement on Rules of Origin and WTO Agreement on Customs Valuation

[3] WTO Agreement on Import Licensing Procedures

[4] Trade Defence Instruments

[C] Breaches of Other WTO Agreements Relating to Specific Sectors

[1] WTO Agreement on Textiles and Clothing

[2] WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (‘TRIPS’)

[3] The General Agreement on Trade in Services (‘GATS’)

§18.06 INTRODUCTION

§18.07 MATERIAL INJURY

§18.08 THREAT OF INJURY

§18.09 UNION INDUSTRY

[A] Union Industry Defined

[B] Special Cases: Related Producers or Providers and Regional Industry

[1] Related Producers or Providers of Services

[2] Regional Industry

§18.10 CAUSATION

§18.11 SUBSTANTIVE CONCEPT

§18.12 ADVERSE TRADE EFFECTS

§18.13 THREAT OF ADVERSE TRADE EFFECTS

§18.14 MATERIAL IMPACT

§18.15 CAUSATION

§18.16 UNION ENTERPRISE

§18.17 CONCEPT OF ‘UNION INTERESTS’

§18.18 FORMS OF ‘UNION INTERESTS’

[A] Compliance with International Trade Rules

[B] Extent of the Impact on the Concerned Union Industry

[C] Importance of the Sector Affected by the Alleged Obstacles to Trade

[D] State of the Affected Industry

[E] Policy Consideration

[F] Adverse Impact of the Measures on Other Union Industries

Chapter 19 Relief

§19.01 INTRODUCTION

§19.02 INITIATION OF INTERNATIONAL CONSULTATION OR DISPUTE SETTLEMENT PROCEDURES

§19.03 ACCEPTANCE OF UNILATERAL UNDERTAKINGS OFFERED BY THIRD COUNTRIES

§19.04 CONCLUSION OF AN AGREEMENT WITH THIRD COUNTRIES

§19.05 ADOPTION OF COMMERCIAL POLICY MEASURES

Chapter 20 Procedure

§20.01 INTRODUCTION

§20.02 CONSULTATION PROCEDURE

§20.03 IN GENERAL

§20.04 COMPLAINT BY A UNION INDUSTRY

§20.05 COMPLAINT BY UNION ENTERPRISES

§20.06 REQUEST BY A MEMBER STATE

§20.07 TIME LIMITS

§20.08 INITIATION OF PROCEDURE

§20.09 INVESTIGATION

§20.10 RIGHTS OF INTERESTED PARTIES

[A] Hearing

[B] Confrontation Meeting

[C] Inspection of the File

[D] Disclosure

[E] Confidentiality

§20.11 EXAMINATION REPORT

§20.12 IN GENERAL

§20.13 DECISION-MAKING PROCEDURE

[A] Adoption of Decisions Relating to the Termination or Suspension of Proceedings under the TBR

[B] Adoption of Decisions Relating to the Initiation, Conduct or Termination of Formal International Consultation or Dispute Settlement Procedures

[C] Adoption of Measures of Commercial Policy

§20.14 CONCLUSION OF THE PROCEEDING

[A] The Proceeding Is Terminated

[B] The Proceeding Is Suspended Because, after the Examination Procedure, the Third Country/Countries Concerned Take Measures Which Are Considered Satisfactory

[C] The Proceeding Is Suspended Because It Appears That the Most Appropriate Means to Resolve the Dispute Is the Conclusion of an Agreement with the Third Country Concerned

[D] Other Course of Action

§20.15 JUDICIAL REVIEW

Annex 1: Regulation (EU) 2016/1036 of the European Parliament and of the Council of 8 June 2016

Annex 2: Regulation (EU) 2016/1037 of the European Parliament and of the Council of 8 June 2016

Annex 3: Regulation (EU) 2015/478 of the European Parliament and of the Council of 11 March 2015

Annex 4: Regulation (EU) 2015/755 of the European Parliament and of the Council of 29 April 2015

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