China -  Chinese law firm

Trade and Commodities- Invalidity of antidumping regulation for shoes from China

1.  Q: What kind of product could be considered as dumped product in accordance to the EU antidumping regulation?

A: A product is to be considered as being dumped if its export price to the Community is less than a comparable price for the like product, in the ordinary course of trade, as established for the exporting country.


2.  Q: What is the definition of dumping in Chinese Law?

A: The term "dumping" shall refer to the entry of imported products into the market of the People's Republic of China, in the ordinary course of trade, with their export price lower than their normal value.


3.  Q: How to initiate the review procedure of an antidumping measure?

A: The need for the continued imposition of measures may also be reviewed, where warranted, on the initiative of the Commission or at the request of a Member State or, provided that a reasonable period of time of at least one year has elapsed since the imposition of the definitive measure, upon a request by any exporter or importer or by the Community producers which contains sufficient evidence substantiating the need for such an interim review.

An interim review shall be initiated where the request contains sufficient evidence that the continued imposition of the measure is no longer necessary to offset dumping and/or that the injury would be unlikely to continue or recur if the measure were removed or varied, or that the existing measure is not, or is no longer, sufficient to counteract the dumping which is causing injury.


4.  Q: What is the definition of the normal value, export price and the comparison?

A: The normal value shall normally be based on the prices paid or payable, in the ordinary course of trade, by independent customers in the exporting country. However, where the exporter in the exporting country does not produce or does not sell the like product, the normal value may be established on the basis of prices of other sellers or producers.

The export price shall be the price actually paid or payable for the product when sold for export from the exporting country to the Community.

A fair comparison shall be made between the export price and the normal value. This comparison shall be made at the same level of trade and in respect of sales made at as nearly as possible the same time and with due account taken of other differences which affect price comparability.

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