Latest Posts
Search for:
Author

Vineet Hegde (Belgium)

Browsing

Inward processing in continuous production processes is complicated if anti-dumping duties are in play

By , and 2 Mins Read

Companies engaged in continuous production processes may face challenges when using the EU inward processing procedure. For background, inward processing allows an EU company to import materials without having to pay import duties and other charges like anti-dumping and anti-subsidy duties, if the product made with these imported materials is exported. First, EU customs law allows companies to use inward processing if the imported non-EU materials used in the production can be identified in the…

Storage and inward processing dilemma when EU anti-dumping measures are in place

By , and 2 Mins Read

Under EU customs law, storing and warehousing EU and non-EU goods is possible if certain conditions are met. However, since 2020, non-EU goods subject to anti-dumping, countervailing, or safeguard measures, can no longer be stored together with EU goods. This is because EU customs law now states that non-EU goods subject to anti-dumping measures do not have the same commercial quality as EU goods, and goods that do not have the same commercial quality cannot…

EU starts automatically registering imports of products subject to anti-dumping and anti-subsidy investigations

By , and 2 Mins Read

On 24 September, the European Commission (“Commission”) announced that, as a general policy measure, it would start automatically registering imports of products subject to anti-dumping and anti-subsidy investigations, including in ongoing investigations. Until now, complainants had to request the Commission to register imports based on evidence of stockpiling (i.e., of increased imports during the investigation). On 24 October, the Commission published a several regulations in fact registering imports in all ongoing anti-dumping and anti-subsidy investigations.…

EU: Evading anti-dumping duties – EPPO seeks prison sentences of 8 years for company directors, a fine of over EUR 25 million and seizes assets

By , and 1 Min Read

On 17 September 2024, the European Public Prosecutor’s Office (EPPO), an EU body that prosecutes among others financial crimes that affect the EU budget, announced that it is seeking criminal penalties from two companies and five of their directors of more than 8 years imprisonment along with a fine of over EUR 25 million. Over 30 properties linked to the defendants were seized to ensure that the defendants can meet their financial liabilities. EPPO alleges…

(Unintended) origin fraud and duty evasion: Beware of anti-circumvention investigations

By , and 3 Mins Read

Companies importing goods into the EU should be aware of a recent uptick in investigations into alleged circumvention of EU anti-dumping and/or anti-subsidy duties, and, in particular, the implications of such investigations under customs law. For context, in August 2023, the European Commission initiated three circumvention investigations, covering imports of biodiesel consigned from China, plywood consigned from Kazakhstan and Türkiye, and stainless steel consigned from Taiwan, Türkiye and Vietnam. These investigations signal a return of…

Using the WTO Trade Remedies Committees as a Forum to Resolve Trade Frictions

By , , , , and 5 Mins Read

Few companies know all the opportunities the World Trade Organization (“WTO”) offers to resolve trade-related problems or frictions. The WTO’s functioning does not depend only on its Dispute Settlement Body (“DSB”). It has several committees that can be even more powerful than the DSB. Examples are the Committee on Anti-Dumping Practices (“AD Committee”) and the Committee on Subsidies and Countervailing Measures (“SCM Committee”). This Blog explains how both offer a forum to resolve practical and…

Efforts to Curtail the Global Race on Industrial Subsidies

By , , , and 6 Mins Read

Background Discussions at the World Trade Organization (“WTO”) on key issues concerning the regulation of international trade are intensifying in the lead up to the 13th biennial meeting of the highest decision making organ of the organization — the Ministerial Conference — scheduled to take place from 26-29 February 2024 in Abu Dhabi (“MC13”). Several informal meetings are being held in Geneva to streamline the work programme for MC13. One such meeting, scheduled to take…