BERNEV / CUSTOMS LAW
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Anti-dumping / EEC decisions

Anti-dumping measures and import quotas

Anti-dumping and countervailing measures form a separate layer of EAEU trade regulation. The Eurasian Economic Commission adopts the decisions, and the duty may be several times the ordinary rate and apply to all imports in the covered category. A defence may be pursued both in the EEC investigation and before the Court of the EAEU.

An anti-dumping duty is a separate layer of EAEU trade regulation imposed by a decision of the Eurasian Economic Commission (EEC) and may be several times the ordinary customs duty rate. Work on anti-dumping measures includes participation in anti-dumping investigations, challenges to EEC decisions before the Court of the EAEU, and disputes over tariff classification or whether the product falls within the scope of the measure. Similar work applies to countervailing duties and import quotas.

Initial assessment

When assistance may be needed and what the work can cover

IndicatorsSigns that the issue is already active
  • an EEC anti-dumping or countervailing investigation has begun for the product category
  • a measure has been imposed that makes regular imports commercially uneconomic
  • the import quota has been exhausted or allocated without transparency and a challenge needs to be prepared
  • the product has been classified as covered by the measure although its technical characteristics differ
Work that may be requiredSteps that affect the position
  • analysis of the EEC decision and grounds for the measure, including prospects for participation and challenge
  • preparing an investigation participant’s position: price, volume and market-impact data
  • challenging EEC decisions before the Court of the EAEU and representing the party in proceedings
  • resisting application of the measure through a dispute over tariff classification or the scope of covered products

Tools

What may be used to defend the position

Reduction or non-application of the measure to a specific shipment or category

Position

prepared for proceedings before the Court of the EAEU; general objections addressed to the Commission are no longer enough at this stage

A clear import scenario while the measure remains in force

taking account of quotas, exceptions and alternative tariff codes

Need a position on the case?

Describe the matter on Telegram: the document received, its date, the amount at risk and what has already been sent to the other party or authority.

Initial contact

Describe the situation — I will start with the document and deadline

Describe what you received, the date, the amount at risk and what has already been submitted. The first practical step will be clear after review.