European Commission Directorate-General for Trade

Investigations

What is an anti-dumping investigation?

If the Commission receives a valid complaint from a Community industry providing prima facie evidence that exporting producers from one or more countries are dumping a particular product into the EU and causing injury to the Community industry, it launches an investigation within 45 days.

A Notice of Initiation is published in the EU's Official Journal, specifying the product under investigation, the country/countries to be investigated, the rights and obligations of interested parties to the proceeding, and the deadlines which will apply.

The investigation will examine whether:

• dumping is taking place from the country/countries concerned,
• material injury has been suffered by the Community industry
• the dumping is causing the injury
• it is not against the economic interests of the EU to impose measures (which are usually in the form of an anti-dumping duty).

• Flowchart of the anti-dumping investigation process

What happens next?

On the date the Notice of Initiation is published, the Commission sends questionnaires to:

• exporters in the countries concerned
• producers in the EU
• importers and users in the EU.

Exporters from economies in transition 1 may also receive specific claim forms which they can fill in to show that they are operating under market economy principles or to claim their own individual duty rate. 2

Deadlines for replies to questionnaires and claim forms are set out in the Notice of Initiation.

More information on how to submit documents to and receive documents from the Commission

What if a company does not reply to the questionnaire?

Parties who do not reply to a questionnaire or do not cooperate in other ways, may be regarded as not cooperating with the investigation.

Cooperation is strongly encouraged. The consequences of non-cooperation normally lead to the imposition of measures which are higher than for parties which have cooperated.

Is it necessary to employ a lawyer?

There is no obligation to employ a lawyer. A company may defend its own interests during an investigation.

The Commission services are available throughout the investigation to help any interested party and Commission case officers' contact details are always provided.

What are the main stages of the investigation?

Once companies have responded to the questionnaires, the data is verified by case officers (usually by inspecting records at the company premises).

The Commission then makes provisional findings, deciding either to:

• impose provisional anti-dumping duties (normally for six months)
• continue the investigation without imposing provisional duties or
• terminate the investigation.

All parties have the right to comment on the provisional findings, and receive disclosure of the essential facts and considerations forming the basis for the provisional findings. The Commission takes due account of the comments received when it continues the investigation. Disclosure of final findings will also be made to interested parties.

Finally, the Commission proposes to the Council either that:

• measures be definitively imposed
• the case be terminated without measures.

The Council must impose any measures within 15 months of the investigation being started.

1. At present these countries are People's Republic of China, Vietnam, Kazakhstan, Albania, Armenia, Georgia, Kyrgyzstan, Moldova and Mongolia. ¶
2. At present these countries are the People's Republic of China, Vietnam, Kazakhstan, Albania, Armenia, Azerbaijan, Belarus, Georgia, North Korea, Kyrgyzstan, Moldova, Mongolia, Tajikistan, Turkmenistan, Uzbekistan. ¶