| Image Credits: Ursula von der Leyen, President of the European Commission since 2019, image by European Parliament
The European Commission has announced a new measure to register all imports of products that are subject to anti-dumping or anti-subsidy investigations, including those with ongoing investigations where provisional determinations have not yet been made. This change aims to enhance the use of trade defence instruments as part of the Commission’s broader efforts to combat unfair competition, including issues related to market overcapacity.
NEW REGISTRATION PROCESS SIMPLIFIES PROCEDURES
Previously, imports were registered only upon a justified request from the EU industry. The new approach will simplify procedures and reduce the burden on industry while ensuring the Commission receives accurate data on the origin, quantity, and market impact of products under investigation. This registration also aims to prevent sharp increases in targeted product imports ahead of potential trade defence measures.
PURPOSE OF IMPORT REGISTRATION: RETROACTIVE DUTIES
The primary purpose of registering imports under investigation is to enable the retroactive collection of anti-dumping and countervailing duties if the legal conditions are met. However, such retroactive action is not automatic; it is subject to specific conditions and is decided only at the definitive stage of each investigation.
COMMISSION’S AUTHORITY AND LEGAL FRAMEWORK
Under the basic anti-dumping and anti-subsidy regulations, the Commission has the authority to instruct Member-State customs authorities to register imports of products subject to pending investigations. This registration facilitates the potential imposition of measures from the date of registration. According to Article 14(5) of the basic anti-dumping regulation and Article 24(5) of the basic anti-subsidy regulation, registration typically follows a request from the Union industry backed by sufficient evidence. However, the Commission can also initiate registration on its own authority.
MANAGEMENT OF THE REGISTRATION PROCESS
Member-State customs authorities will manage the registration process, following instructions issued by the European Commission through individual Implementing Regulations.
