Antidumping and anti-subsidy investigations are often used by domestic producers. Dumping is regarded as the sale of goods on another market at a lower price than their normal value, which is usually the price paid for the same goods when sold on the domestic market. In case the sale of such goods is causing material injury to the local producers of the same goods, a remedy in the form of an anti-dumping duty may be applied
Anti-dumping measures must meet all the applicable procedural and substantive requirements set forth in both Article VI of the GATT 1994 and the Anti-Dumping Agreement of the WTO. In order to impose anti-dumping measures, it must be demonstrated that imports of the product concerned are being dumped on a market, that the domestic industry is suffering material injury, and there is a causal link between the dumped imports and the injury to the domestic industry. Once anti-dumping duties are imposed, they normally remain valid for a period of five years. Anti-dumping regulations usually provide for several types of review of the level and of the period of validity of the anti-dumping measures.
We provide advice on all aspects of anti-dumping proceedings, including completion of questionnaire responses, drafting of injury submission, preparation of and attendance at on-the-spot verifications by anti-dumping authorities, representation of clients at hearings before authority officials. Our advice also includes interim and sunset reviews, anti-absorption and anti-circumvention investigations as well as refund applications.