in force 2018-06-08 MODIFIED+580 −12§
Amended by Regulation (EU) 2018/825 32018R0825
applies from: unchanged
In paragraph 2, the list of evidence indicating a likelihood of continued or recurring dumping and injury now also mentions evidence of continued distortions on raw materials, alongside a minor wording change from 'would be likely to lead to' to 'would likely result in'.
Paragraph 5 gains a new subparagraph stating that if a measure expires following a paragraph 2 review, duties collected from the initiation of that investigation on customs-cleared goods are to be repaid where requested and granted by national customs authorities under applicable Union customs legislation, and that such repayment does not carry interest.
Cited: Art. 11, v2
text before / after
02016R1036-20171220 → 02016R1036-20180608
Article 11
Duration, reviews and refunds
1. An anti-dumping measure shall remain in force only as long as, and to the extent that, it is necessary to counteract the dumping which is causing injury.
2. A definitive anti-dumping measure shall expire five years from its imposition or five years from the date of the conclusion of the most recent review which has covered both dumping and injury, unless it is determined in a review that the expiry would be likely to lead to a continuation or recurrence of dumping and injury. Such an expiry review shall be initiated on the initiative of the Commission, or upon a request made by or on behalf of Union producers, and the measure shall remain in force pending the outcome of that review.
An expiry review shall be initiated where the request contains sufficient evidence that the expiry of the measures would be likely to result in a continuation or recurrence of dumping and injury. Such likelihood may, for example, be indicated by evidence of continued dumping and injury or evidence that the removal of injury is partly or solely due to the existence of measures or evidence that the circumstances of the exporters, or market conditions, are such that they would indicate the likelihood of further injurious dumping. dumping, or by evidence of continued distortions on raw materials.
In carrying out investigations under this paragraph, the exporters, importers, the representatives of the exporting country and the Union producers shall be provided with the opportunity to amplify, rebut or comment on the matters set out in the review request, … 932 unchanged words … at the same time, or
remain unchanged in investigations pursuant to paragraphs 3 and 4.
A notice announcing the actual expiry or maintenance of the measures pursuant to this paragraph shall then be published in the Official Journal of the European Union.
If, following an investigation pursuant to paragraph 2, the measure expires, any duties collected from the date of the initiation of such investigation on goods that were customs-cleared shall be repaid provided that this is requested from national customs authorities and granted by those authorities in accordance with the applicable Union customs legislation concerning repayment and remission of duty. Such repayment shall not give rise to the payment of interest by the national customs authorities concerned.
6. Reviews pursuant to this Article shall be initiated by the Commission. The Commission shall decide whether or not to initiate reviews pursuant to paragraph 2 of this Article in accordance with the advisory procedure referred to in Article 15(2). … 778 unchanged words … accordance with Article 2(9), it shall calculate it with no deduction for the amount of anti-dumping duties paid when conclusive evidence is provided that the duty is duly reflected in resale prices and the subsequent selling prices in the Union.