G/ADP/N/1/EU/1/Rev.1  
 
10 April 2014  
(14-2244)  Page: 1/36  
Committee on Anti-Dumping Practices  Original: English  
 
 NOTIFICATION OF LAWS AND REGULATIONS UNDER  
ARTICLE 18.5 OF THE AGREEMENT 
EUROPEAN UNION 
Revision 
The following communication, dated 19 March 2014, is being circulated at the request of the 
Delegation of the European Union. 
 
_______________ 
 In line with the obligation under Article 18.5 of the WTO Anti-dumping Agreement, to notify laws, 
regulations and administrative procedures to the Committee on Anti-dumping, the European Union 
(EU) is pleased to inform the Committee as follows:  
In 2009, the European institutions carried out a codi fication of its anti-dumping rules, issued as 
Council Regulation (EC) No 1225/2009 on protection against dumped imports from countries not members of the European Union. The codification  fully preserved the content of the acts being 
codified, bringing them together with only such  formal amendments as were required by the 
codification exercise.  Thereafter, there were tw o amendments of the legislation in 2012, both of 
which were notified to the WTO Committee on Anti-dumping
1. For ease of understanding, the 
attached notification is an unofficial consolidated version of Council Regulation (EC) No 1225/2009, 
which incorporates the 2012 amendments as well as certain corrections introduced in 2010. This 
unofficial consolidated version does not include the amendments introduced in 2014 by Regulation (EU) No 37/2014
2. This will be the subject of a new cons olidation exercise, the outcome of which 
will be sent to the WTO as soon as it is available. 
                                               
1 Originally circulated as G/ADP/N/1/EU/1 and G/ADP/N/1/EU/2; subsequently renumbered and 
recirculated as G/ADP/N/1/EU/1/Rev.1/Suppl.1 and G/ADP/N/1/EU/1/Rev.1/Suppl.2. 
2 Circulated separately as G/ADP/N/1/EU/1/Rev.1/Suppl.4-G/SCM/N/1/EU/1/Suppl.2-
G/SG/N/1/EU/1/Suppl.2. G/ADP/N/1/EU/1/Rev.1 
 
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  ►B COUNCIL REGULATION (EC) No 1225/2009 
of 30 November 2009 
on protection against dumped imports from countries not members 
of the European Community 
(codified version) 
(OJ L 343, 22.12.2009, p. 51) 
  
 
Amended by: 
  
 Official Journal  
  No page date 
 
►M1 Regulation (EU) No 765/2012 of the European  Parliament and of the L 237 1 3.9.2012 
Council of 13 June 2012  
 
►M2 Regulation (EU) No 1168/2012 of the European Parliament and of the L 344 1 14.12.2012 
 Council of 12 December 2012  
 
Corrected by: 
 
►C1 Corrigendum, OJ L 7, 12.1.2010, p. 22 (1225/2009) G/ADP/N/1/EU/1/Rev.1 
 
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  ▼B 
COUNCIL REGULATION (EC) No 1225/2009 
of 30 November 2009 
on protection against dumped imports from countries not members 
of the European Community 
(codified version) 
 
THE COUNCIL OF THE EUROPEAN UNION,  
Having regard to the Treaty establishing the Eu ropean Community, and in particular Article 133 
thereof, 
 Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a 
common organisation of agricultural markets and on specific provisions for certain agricultural 
products (Single CMO Regulation)
1, 
 
Having regard to the prop osal from the Commission, 
 Whereas: 
 
(1) Council Regulation (EC) No 384/96 of 22 December 1995 on protection against 
dumped imports from countries not members of the European Community2, has 
been substantially amended several times3. In the interests of clarity and 
rationality the said Regulation should be codified.  
(2) The multilateral trade negotiations concluded in 1994 led to new Agreements on 
the implementation of Article VI of th e General Agreement on Tariffs and Trade 
(hereinafter referred to as 'GATT'). In the light of the different nature of the 
new rules for dumping and subsidies respectively, it is also appropriate to have 
a separate body of Community rules in each of those two areas. Consequently, 
the rules on protection against subsidies and countervailing duties are contained 
in a separate Regulation. 
(3) The agreement on dumping, namely, th e Agreement on Implementation of 
Article VI of the General Agreement on Tariffs and Trade 1994 (hereinafter 
referred to as 'the 1994 Anti-Dumping Agreement'), contains detailed rules, 
relating in particular to the calculation of dumping, procedures for initiating and pursuing an investigation, including the establishment and treatment of the facts, the imposition of provisional measures, the imposition and collection of 
anti-dumping duties, the duration and review of anti-dumping measures and the 
public disclosure of information relating to anti-dumping investigations. In order to ensure a proper and transparent applic ation of those rules, the language of 
the agreement should be brought into Community legislation as far as possible.
 
(4) In applying the rules it is essential, in order to maintain the balance of rights 
and obligations which ►C1 the GATT establishes, ◄ that the Community take 
account of how they are interpreted by the Community's major trading partners. 
  
                                               
1 OJ L 299, 16.11.2007, p. 1.  
2 OJ L 56, 6.3.1996, p. 1.  
3 See Annex I.  G/ADP/N/1/EU/1/Rev.1 
 
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  ▼B 
(5) It is desirable to lay down clear and detailed rules on the calculation of normal 
value. In particular such value should in all cases be based on representative sales in the ordinary course of trade in the exporting country. It is expedient to 
give guidance as to when parties may be considered as being associated for the 
purpose of determining dumping. It is expedient to define the circumstances in which domestic sales may be considered to be made at a loss and may be 
disregarded, and in which recourse may be had to remaining sales, or to 
constructed normal value, or to sales to a third country. It is also appropriate to provide for a proper allocation of costs, even in start-up situations, and to lay 
down guidance as to the definition of start-up and the extent and method of 
allocation. It is also necessary, when constructing normal value, to indicate the methodology to be applied in determining the amounts for selling, general and administrative costs and the profit margin that should be included in such value. 
(6) When determining normal value for non-market economy countries, it appears 
prudent to set out rules for choosing the appropriate market-economy third country to be used for such purpose an d, where it is not possible to find a 
suitable third country, to provide that normal value may be established on any 
other reasonable basis. 
▼C1 
 _______ 
 
 
▼B 
 
►C1 (7) ◄ It is expedient to define the export price and to enumerate the adjustments which are 
to be made in those cases where a reconstruction of this price from the first 
open-market price is deemed necessary. 
 
►C1 (8) ◄ For the purpose of ensuring a fair comparison between export price and normal value, 
it is advisable to list the factors which may affect prices and price comparability and to 
lay down specific rules as to when and how the adjustments should be made, 
including the fact that any duplication of adjustments should be avoided. It is also necessary to provide that comparison may be made using average prices although 
individual export prices may be compared to an average normal value where the 
former vary by customer, region or time period. 
 
►C1 (9) ◄ It is necessary to lay down clear and detailed guidance as to the factors which may be 
relevant for the determination of whether the dumped imports have caused material 
injury or are threatening to cause injury. In demonstrating that the volume and price 
levels of the imports concerned are responsible for injury sustained by a Community 
industry, attention should be given to the effect of other factors and in particular prevailing market conditions in the Community. 
 
►C1 (10)  ◄ I t  i s  a d v i s a b l e  t o  d e f i n e  t h e  t e r m  ' C o m m unity industry' and to provide that parties 
related to exporters may be excluded from such industry, and to define the term 
'related'. It is also necessary to provide for anti- dumping action to be taken on behalf 
of producers in a region of the Community an d to lay down guidelines on the definition 
of such region.  
 
►C1 (11)  ◄ It is necessary to lay down who may lodge an anti- dumping complaint, including the 
extent to which it should be support ed by the Community industry, and the 
information on dumping, injury and causation which such complaint should contain. It 
is also expedient to specify the procedures for the rejection of complaints or the 
initiation of proceedings.  G/ADP/N/1/EU/1/Rev.1 
 
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  ▼B 
 
►C1 (12)  ◄ It is necessary to lay down the manner in which interested parties should be given 
notice of the information which the authorities require, and should have ample 
opportunity to present all relevant evidence and to defend their interests. It is also 
desirable to set out clearly the rules and procedures to be followed during the investigation, in particular the rules whereby interested parties are to make themselves known, present their views and submit information within specified time-
limits, if such views and information are to be taken into account. It is also 
appropriate to set out the conditions under which an interested party may have access to, and comment on, information presented by  other interested parties. There should 
also be cooperation between the Member States and the Commission in the collection 
of information. 
 
►C1 (13)  ◄ It is necessary to lay down the conditions under which provisional duties may be 
imposed, including the condition that they may be imposed no earlier than 60 days 
from initiation and no later than nine months thereafter. For administrative reasons, it 
is also necessary to provide that such duties may in all cases be imposed by the 
Commission, either directly for a nine-month period or in two stages of six and three months. 
 
►C1 (14)  ◄ It is necessary to specify procedures for accepting undertakings which eliminate 
dumping and injury instead of imposing provisional or definitive duties. It is also 
appropriate to lay down the consequences of breach or withdrawal of undertakings 
and that provisional duties may be imposed in cases of suspected violation or where 
further investigation is necessary to supplement the findings. In accepting undertakings, care should be taken that the proposed undertakings, and their 
enforcement, do not lead to anti-competitive behaviour. 
 
►C1 (15)  ◄ It is necessary to provide that the termination of cases should, irrespective of whether 
definitive measures are adopted or not, normally take place within 12 months, and in 
no case later than 15 months, from the initiation of the investigation. Investigations or proceedings should be terminated where the dumping is de minimis or the injury is 
negligible, and it is appropriate to define those terms. Where measures are to be 
imposed, it is necessary to provide for the termination of investigations and to lay 
down that measures should be less than the margin of dumping if such lesser amount would remove the injury, as well as to specify the method of calculating the level of 
measures in cases of sampling. 
 
►C1 (16)  ◄ It is necessary to provide for retroactive collection of provisional duties if that is 
deemed appropriate and to define the circumstances which may trigger the retroactive 
application of duties to avoid the undermining of the definitive measures to be applied. It is also necessary to provide that duties may be applied retroactively in 
cases of breach or withdrawal of undertakings. 
 
►C1 (17)  ◄ It is necessary to provide that measures are to lapse after five years unless a review 
indicates that they should be maintained. It is also necessary to provide, in cases 
where sufficient evidence is submitted of changed circumstances, for interim reviews 
or for investigations to determine whether refunds of anti-dumping duties are warranted. It is also appropriate to lay down that in any recalculation of dumping 
which necessitates a reconstruction of export prices, duties are not to be treated as a 
cost incurred between importation and resale where the said duty is being reflected in the prices of the products subject to measures in the Community.  
 
►C1 (18)  ◄ It is necessary to provide specifically for the reassessment of export prices and 
dumping margins where the duty is being abso rbed by the exporter through a form of 
compensatory arrangement and the measures are not being reflected in the prices of 
the products subject to measures in the Community. G/ADP/N/1/EU/1/Rev.1 
 
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  ▼B 
 
►C1 (19)  ◄ The 1994 Anti-Dumping Agreement does not contain provisions regarding the 
circumvention of anti-dumping measures, though a separate GATT Ministerial Decision 
recognises circumvention as a problem and has referred it to the GATT Anti-dumping Committee for resolution. Given the failure of the multilateral negotiations so far and 
pending the outcome of the 
►C1 referral to the World Trade Organisation (WTO) 
Anti-Dumping Committee, ◄ it is necessary that Community legislation should contain 
provisions to deal with practices, including mere assembly of goods in the Community 
or a third country, which have as their main aim the circumvention of anti-dumping 
measures. 
 
►C1 (20)  ◄ It is also desirable to clarify which practices constitute circumvention of the measures 
in place. Circumvention practices may take place either inside or outside the 
Community. It is consequently necessary to provide that exemptions from the 
extended duties which ►C1 may already be granted to importers under the present 
Regulation may also be granted to ◄ exporters when duties are being extended to 
address circumvention taking place outside the Community.  
 
►C1 (21)  ◄ It is expedient to permit suspension of anti-dumping measures where there is a 
temporary change in market conditions which makes the continued imposition of such 
measures temporarily inappropriate. 
 
►C1 (22)  ◄ It is necessary to provide that imports under investigation may be made subject to 
registration upon importation in order to enable measures to be applied subsequently 
against such imports. 
 
►C1 (23)  ◄ In order to ensure proper enforcement of measures, it is necessary that Member 
States monitor, and report to the Commission, the import trade of products subject to 
investigation or subject to measures, and al so the amount of duties collected under 
this Regulation. 
 
►C1 (24)  ◄ It is necessary to provide for consultation of an Advisory Committee at regular and 
specified stages of the investigation. The Committee should consist of representatives 
of Member States with a representative of the Commission as chairman. 
 
►C1 (25)  ◄ Information provided to Member States in th e Advisory Committee is often of a highly 
technical nature and involves an elaborate economic and legal analysis. In order to 
provide Member States with sufficient time to consider this information, it should be sent at an appropriate time before the date  of a meeting set by the Chairman of the 
Advisory Committee. 
 
►C1 (26)  ◄ It is expedient to provide for verification visits to check information submitted on 
dumping and injury, such visits being, however, conditional on proper replies to 
questionnaires being received. 
 
►C1 (27)  ◄ It is essential to provide for sampling in cases where the number of parties or 
transactions is large in order to permit completion of investigations within the 
appointed time-limits. 
 
►C1 (28)  ◄ It is necessary to provide that where parties do not cooperate satisfactorily other 
information may be used to establish findings and that such information may be less 
favourable to the parties than if they had cooperated. 
 
►C1 (29)  ◄ Provision should be made for the treatment of confidential information so that 
business secrets are not divulged. 
 
►C1 (30)  ◄ It is essential that provision be made for proper disclosure of essential facts and 
considerations to parties which qualify for such treatment and that such disclosure be 
made, with due regard to the decision- making process in the Community, within a 
time-limit which permits parties to defend their interests.  
 G/ADP/N/1/EU/1/Rev.1 
 
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  ▼B 
 
 
►C1 (31)  ◄ It is prudent to provide for an administrative system under which arguments can be 
presented as to whether measures are in the Community interest, including the 
consumers' interest, and to lay down the time-limits within which such information has to be presented as well as the disclosure rights of the parties concerned,  
 
 HAS ADOPTED THIS REGULATION: 
 
 G/ADP/N/1/EU/1/Rev.1 
 
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  ▼B 
 
Article 1 
 
Principles 
 1. An anti-dumping duty may be applied to any dumped product whose release for free 
circulation in the Community causes injury. 
 2. 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 th e ordinary course of trade, as established for the 
exporting country.  3. The exporting country shall normally be the country of origin. However, it may be an 
intermediate country, except where, for example,  the products are merely transhipped through 
that country, or the products concerned are not produced in that country, or there is no comparable price for them in that country. 
 
4. For the purpose of this Regulation, 'like produc t' means a product which is identical, that is 
to say, alike in all respects, to the product under consideration, or in the absence of such a 
product, another product which, although not alike in all respects, has characteristics closely 
resembling those of the product under consideration.  
Article 2 
 
Determination of dumping 
 
A. NORMAL VALUE 
 
1. 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.   
Prices between parties which appear to be associated or to have a compensatory arrangement 
with each other may not be considered to be in the ordinary course of trade and may not be used to establish normal value unless it is determined  that they are unaffected by the relationship.  
 
In order to determine whether two parties are associated account may be taken of the definition of related parties set out in Article 143 of Commissi on Regulation (EEC) No 2454/93 of 2 July 1993 
laying down provisions for the implementati on of Council Regulation (EEC) No 2913/92 
establishing the Community Customs Code
1.  
 2. Sales of the like product intended for domestic consumption shall normally be used to 
determine normal value if such sales volume constitutes 5% or more of the sales volume of the 
product under consideration to the Community. Ho wever, a lower volume of sales may be used 
when, for example, the prices charged are considered representative for the market concerned.  
 
3. When there are no or insufficient sales of the like product in the ordinary course of trade, or 
where because of the particular market situation such sales do not permit a proper comparison, the normal value of the like product shall be calculated on the basis of the cost of production in the 
country of origin plus a reasonable amount for selling, general and administrative costs and for 
profits, or on the basis of the export prices, in th e ordinary course of trade, to an appropriate third 
country, provided that those prices are representative.  
 
A particular market situation for the product concerned within the meaning of the first subparagraph may be deemed to exist, inter alia, when prices are artificially low, when there is 
significant barter trade, or when there are non-commercial processing arrangements.  
 
                                               
1 OJ L 253, 11.10.1993, p. 1.  G/ADP/N/1/EU/1/Rev.1 
 
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  ▼B 
 
4. Sales of the like product in the domestic mark et of the exporting country, or export sales to 
a third country, at prices below unit production costs (fixed and variable) plus selling, general and administrative costs may be treated as not being in the ordinary course of trade by reason of 
price, and may be disregarded in determining normal value, only if it is determined that such sales 
are made within an extended period in substant ial quantities, and are at prices which do not 
provide for the recovery of all costs within a reasonable period of time.
 
 
If prices which are below costs at the time of sale are above weighted average costs for the period 
of investigation, such prices shall be considered to provide for recovery of costs within a 
reasonable period of time. 
 
T h e  e x t e n d e d  p e r i o d  o f  t i m e  s h a l l  n o r m a l l y  b e  o n e  y e a r  b u t  s h a l l  i n  n o  c a s e  b e  l e s s  t h a n  s i x  months, and sales below unit cost shall be considered to be made in substantial quantities within 
such a period when it is established that the weighted average selling price is below the weighted 
average unit cost, or that the volume of sales below unit cost is not less than 20% of sales being used to determine normal value. 
 
5. Costs shall normally be calculated on the basis of records kept by the party under investigation, provided that such records are in accordance with the generally accepted accounting principles of the country concerned and that it is shown that the records reasonably reflect the 
costs associated with the production and sale of the product under consideration. 
 
If costs associated with the production and sale of the product under investigation are not 
reasonably reflected in the records of the party concerned, they shall be adjusted or established on the basis of the costs of other producers or exporters in the same country or, where such 
information is not available or cannot be used, on any other reasonable basis, including 
information from other representative markets. 
 
Consideration shall be given to evidence submitted on the proper allocation of costs, provided that 
it is shown that such allocations have been historically utilised. In the absence of a more 
appropriate method, preference shall be given to th e allocation of costs on the basis of turnover. 
Unless already reflected in the cost allocations un der this subparagraph, costs shall be adjusted 
appropriately for those non-recurring items of cost which benefit future and/or current production. 
 
Where the costs for part of the period for cost recovery are affected by the use of new production facilities requiring substantial additional investment and by low capacity utilisation rates, which are the result of start-up operations which take place within or during part of the investigation period, the average costs for the start-up phase shall be those applicable, under the abovementioned 
allocation rules, at the end of such a phase, and shall be included at that level, for the period 
concerned, in the weighted average costs referred to in the second subparagraph of paragraph 4. The length of a start-up phase shall be determined in relation to the circumstances of the producer 
or exporter concerned, but shall not exceed an appropriate initial portion of the period for cost 
recovery. For this adjustment to costs applicable during the investigation period, information relating to a start-up phase which extends beyond that period shall be taken into account where it 
is submitted prior to verification visits and within three months of the initiation of the 
investigation. 
 
6. The amounts for selling, for general and administrative costs and for profits shall be based on actual data pertaining to production and sale s, in the ordinary course of trade, of the like 
product, by the exporter or producer under investigation. When such amounts cannot be 
determined on this basis, the amounts may be determined on the basis of: 
 
a. the weighted average of the actual amounts determined for other exporters or producers 
subject to investigation in respect of production and sales of the like product in the 
domestic market of the country of origin; 
b. the actual amounts applicable to production and sales, in the ordinary course of trade, of 
the same general category of products for the exporter or producer in question in the domestic market of the country of origin;  
c. any other reasonable method, provided that the amount for profit so established shall 
not exceed the profit normally realised by other exporters or producers on sales of products of the same general category in the domestic market of the country of origin. G/ADP/N/1/EU/1/Rev.1 
 
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  ▼B 
 
7.  
a. In the case of imports from non-market economy countries
1, normal value shall be 
determined on the basis of the price or constructed value in a market economy third country, or the price from such a third country to other countries, including the 
Community, or where those are not possible, on any other reasonable basis, including 
the price actually paid or payable in the Community for the like product, duly adjusted if necessary to include a reasonable profit margin.  
An appropriate market economy third country shall be selected in a not unreasonable 
manner, due account being taken of any reliable information made available at the time of selection. Account shall also be taken of time-limits; where appropriate, a market economy third country which is subject to the same investigation shall be used.  
The parties to the investigation shall be informed shortly after its initiation of the market 
economy third country envisaged and shall be given 10 days to comment.  
b. In anti-dumping investigations concerning ►C1 imports from the People's Republic of 
China, Vietnam and Kazakhstan and any non-market-economy country ◄ which is a 
member of the WTO at the date of the initiation of the investigation, normal value shall 
be determined in accordance with paragraphs 1 to 6, if it is shown, on the basis of properly substantiated claims by one or more producers subject to the investigation and in accordance with the criteria and procedures set out in subparagraph (c), that market 
economy conditions prevail for this producer or producers in respect of the manufacture 
and sale of the like product concerned. When this is not the case, the rules set out under 
subparagraph (a) shall apply.
 
c. A claim under subparagraph (b) must be made in writing and contain sufficient evidence 
that the producer operates under market economy conditions, that is if:  
— decisions of firms regarding prices, costs and inputs, including for instance raw 
materials, cost of technology and labour, output, sales and investment, are made in 
response to market signals reflecting supply and demand, and without significant State interference in this regard, and costs of major inputs substantially reflect market values,  
— firms have one clear set of basic accounting records which are independently 
audited in line with international accounting standards and are applied for all purposes,  
— the production costs and financial situation of firms are not subject to significant 
distortions carried over from the former non-market economy system, in particular in relation to depreciation of assets, other write-offs, barter trade and payment via 
compensation of debts,  
— the firms concerned are subject to bankruptcy and property laws which guarantee 
legal certainty and stability for the operation of firms, and  
— exchange rate conversions are carried out at the market rate. 
A determination whether the producer meets the abovementioned criteria ►M2 shall 
normally be made within seven months of, but in any event not later than eight 
months after, the initiation of the investigation ◄, after specific consultation of the 
Advisory Committee and after the Community industry has been given an opportunity 
to comment. This determination shall remain in force throughout the investigation. 
                                               
1►C1 Including Albania, Armenia, Azerbaijan, Belaru s, Georgia, North Korea, Kyrgyzstan, Moldova, 
Mongolia, Tajikistan, Turk menistan and Uzbekistan.  ◄ 
 G/ADP/N/1/EU/1/Rev.1 
 
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  ▼M2 
d. When the Commission has limited its examination in accordance with Article 17, a 
determination pursuant to subparagraphs (b) and (c) of this paragraph shall be limited 
to the parties included in the examination and any producer that receives individual 
treatment pursuant to Article 17(3). 
▼B 
 
B. EXPORT PRICE 
 
8. 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.  
 
9. In cases where there is no export price or  where it appears that the export price is 
unreliable because of an association or a comp ensatory arrangement between the exporter and 
the importer or a third party, the export price may be constructed on the basis of the price at 
which the imported products are first resold to an independent buyer, or, if the products are not 
resold to an independent buyer, or are not resold in the condition in which they were imported, on any reasonable basis. 
 
In these cases, adjustment for all costs, includ ing duties and taxes, incurred between importation 
and resale, and for profits accruing, shall be made so as to establish a reliable export price, at the Community frontier level. 
 
The items for which adjustment shall be made shall include those normally borne by an importer but paid by any party, either inside or outside the Community, which appears to be associated or to have a compensatory arrangement with the importer or exporter, including usual transport, insurance, handling, loading and ancillary costs; customs duties, any anti-dumping duties, and 
other taxes payable in the importing country by reason of the importation or sale of the goods; 
and a reasonable margin for selling, general and administrative costs and profit.  
 
C. COMPARISON 
 
10. 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 closely as possible, the same time and with due account taken of other differences which affect price 
comparability. Where the normal value and the export price as established are not on such a 
comparable basis due allowance, in the form of adjustments, shall be made in each case, on its merits, for differences in factors which are claimed, and demonstrated, to affect prices and price comparability. Any duplication when making adjustments shall be avoided, in particular in relation 
to discounts, rebates, quantities and level of tr ade. When the specified conditions are met, the 
factors for which adjustment can be made are listed as follows:  
 
a. Physical characteristics   
An adjustment shall be made for differences in the physical characteristics of the 
product concerned. The amount of the adjustment shall correspond to a reasonable estimate of the market value of the difference.  
b. Import charges and  indirect taxes   
An adjustment shall be made to normal value for an amount corresponding to any 
import charges or indirect taxes borne by the like product and by materials physically incorporated therein, when intended for consumption in the exporting country and not 
collected or refunded in respect of th e product exported to the Community.  
c. Discounts, rebates and quantities   
An adjustment shall be made for differences in discounts and rebates, including those 
given for differences in quantities, if thes e are properly quantified and are directly 
linked to the sales under consideration. An adjustment may also be made for deferred discounts and rebates if the claim is based on consistent practice in prior periods, 
including compliance with the conditions required to qualify for the discount or 
rebates. G/ADP/N/1/EU/1/Rev.1 
 
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  ▼B 
d. Level of trade   
i. An adjustment for differences in levels of trade, including any differences which may 
arise in OEM (Original Equipment Manufacturer) sales, shall be made where, in 
relation to the distribution chain in both markets, it is shown that the export price, 
including a constructed export price, is at a different level of trade from the normal value and the difference has affected price comparability which is demonstrated by 
consistent and distinct differences in functions and prices of the seller for the 
different levels of trade in the domestic market of the exporting country. The amount of the adjustment shall be based on the market value of the difference.  
ii. However, in circumstances not envisaged under point (i), when an existing difference 
in level of trade cannot be quantified because of the absence of the relevant levels on the domestic market of the exporting countries, or where certain functions are shown clearly to relate to levels of trade other than the one which is to be used in 
the comparison, a special adjustment may be granted.  
e. Transport, insurance, handling, loading and ancillary  costs  
An adjustment shall be made for differences in the directly related costs incurred for 
conveying the product concerned from the prem ises of the exporter to an independent 
buyer, where such costs are included in th e prices charged. Those costs shall include 
transport, insurance, handling, loading and ancillary costs.  
f. Packing   
An adjustment shall be made for differences in the directly related packing costs for 
the product concerned.  
g. Credit   
An adjustment shall be made for differences in the cost of any credit granted for the 
sales under consideration, provided that it is a factor taken into account in the determination of the prices charged.  
h. After-sales  costs  
An adjustment shall be made for differences in the direct costs of providing 
warranties, guarantees, technical assistance and services, as provided for by law 
and/or in the sales contract.  
i. Commissions   
An adjustment shall be made for differences in commissions paid in respect of the 
sales under consideration.  
The term 'commissions' shall be understood to include the mark-up received by a 
trader of the product or the like product if the functions of such a trader are similar to those of an agent working on a commission basis.  
j. Currency conversions   
When the price comparison requires a conver sion of currencies, such conversion shall 
be made using the rate of exchange on the da te of sale, except when a sale of foreign 
currency on forward markets is directly linked to the export sale involved, in which 
case the rate of exchange in the forward sale  shall be used. Normally, the date of sale 
shall be the date of invoice but the date of contract, purchase order or order confirmation may be used if these more appropriately establish the material terms of 
sale. Fluctuations in exchange rates shall be ignored and exporters shall be granted 
60 days to reflect a sustained movement in exchange rates during the investigation period.  
k. Other factors   
An adjustment may also be made for diffe rences in other factors not provided for 
under subparagraphs (a) to (j) if it is  demonstrated that they affect price 
comparability as required under this paragraph, in particular that customers 
consistently pay different prices on the domestic market because of the difference in such factors.  G/ADP/N/1/EU/1/Rev.1 
 
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  ▼B 
 
D. DUMPING MARGIN 
 
11. Subject to the relevant provisions governing fair comparison, the existence of margins of 
dumping during the investigation period shall normally be established on the basis of a comparison of a weighted average normal value with a weighted average of prices of all export transactions to 
the Community, or by a comparison of individual no rmal values and individual export prices to the 
Community on a transaction- to-transaction basis. However, a normal value established on a 
weighted average basis may be compared to prices  o f  a l l  i n d i v i d u a l  e x p o r t  t r a n s a c t i o n s  t o  t h e  
Community, if there is a pattern of export prices which differs significantly among different 
purchasers, regions or time periods, and if the methods specified in the first sentence of this 
paragraph would not reflect the full degree of dumping being practised. This paragraph shall not preclude the use of sampling in accordance with Article 17. 
 
12. The dumping margin shall be the amount by  which the normal value exceeds the export 
price. Where dumping margins vary, a weighted average dumping margin may be established.   
Article 3 
 
Determination of injury 
 
1. Pursuant to this Regulation, the term 'injury' shall, unless otherwise specified, be taken to mean material injury to the Community industry, threat of material injury to the Community industry or material retardation of the establishment of such an industry and shall be interpreted 
in accordance with the provisions of this Article.  
 2. A determination of injury shall be based on positive evidence and shall involve an objective 
examination of both: 
 
a. the volume of the dumped imports and the effe ct of the dumped imports on prices in the 
Community market for like products; and  
b. the consequent impact of those imports on the Community industry.  
3. With regard to the volume of the dumped imports, consideration shall be given to whether 
there has been a significant increase in dumped imports, either in absolute terms or relative to 
production or consumption in the Community. With regard to the effect of the dumped imports on 
prices, consideration shall be given to whether there has been significant price undercutting by the dumped imports as compared with the price of a like product of the Community industry, or 
whether the effect of such imports is otherwise to depress prices to a significant degree or prevent 
price increases, which would otherwise have occurred, to a significant degree. No one or more of these factors can necessarily give decisive guidance. 
 
4. Where imports of a product from more than one country are simultaneously subject to anti-
dumping investigations, the effects of such imports shall be cumulatively assessed only if it is determined that: 
 
a. the margin of dumping established in relation to the imports from each country is more 
than de minimis as defined in Article 9(3) and that  the volume of imports from each 
country is not negligible; and 
b. a cumulative assessment of the effects of the imports is appropriate in light of the 
conditions of competition between imported products and the conditions of competition 
between the imported products and the like Community product.  G/ADP/N/1/EU/1/Rev.1 
 
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  ▼B 
 
5. The examination of the impact of the dumped  imports on the Community industry concerned 
shall include an evaluation of all relevant economic factors and indices having a bearing on the 
state of the industry, including the fact that an in dustry is still in the process of recovering from 
the effects of past dumping or subsidisation, the magnitude of the actual margin of dumping, actual and potential decline in sales, profits, output, market share, productivity, return on 
investments, utilisation of capacity; factors affecting Community prices; actual and potential 
negative effects on cash flow, inventories, employ ment, wages, growth, ability to raise capital or 
investments. This list is not exhaustive, nor can any one or more of these factors necessarily give 
decisive guidance. 
 6. It must be demonstrated, from all the relevant evidence presented in relation to paragraph 2, that the dumped imports are causing injury within the meaning of this Regulation. 
Specifically, this shall entail a demonstration that the volume and/or price levels identified 
pursuant to paragraph 3 are responsible for an im pact on the Community industry as provided for 
in paragraph 5, and that this impact exists to a degree which enables it to be classified as 
material. 
 7. Known factors other than the dumped imports which at the same time are injuring the 
Community industry shall also be examined to ensure that injury caused by these other factors is 
not attributed to the dumped imports under paragraph 6. Factors which may be considered in this respect include the volume and prices of imports not sold at dumping prices, contraction in demand or changes in the patterns of consumption, restrictive trade practices of, and competition 
between, third country and Community producers, developments in technology and the export 
performance and productivity of the Community industry.   
8. The effect of the dumped imports shall be assessed in relation to the production of the 
Community industry of the like product when availa ble data permit the separate identification of 
that production on the basis of such criteria as the production process, producers' sales and 
profits. If such separate identification of that pr oduction is not possible, the effects of the dumped 
imports shall be assessed by examination of the production of the narrowest group or range of 
products, which includes the like product, for wh ich the necessary information can be provided.  
 
9. A determination of a threat of material injury shall be based on facts and not merely on an 
allegation, conjecture or remote possibility. The change in circumstances which would create a situation in which the dumping would cause inju ry must be clearly foreseen and imminent.  
 
In making a determination regarding the existence of a threat of material injury, consideration 
should be given to such factors as: 
 
a. a significant rate of increase of dumped imports into the Community market indicating 
the likelihood of substantially increased imports;  
b. sufficient freely disposable capacity of the exporter or an imminent and substantial 
increase in such capacity indicating the likelihood of substantially increased dumped 
exports to the Community, account being taken of the availability of other export markets to absorb any additional exports;  
c. whether imports are entering at prices that would, to a significant degree, depress prices 
or prevent price increases which otherwise would have occurred, and would probably 
increase demand for further imports; and  
d. inventories of the product being investigated.  
No one of the factors listed above by itself can necessarily give decisive guidance but 
the totality of the factors considered must lead to the conclusion that further dumped exports are imminent and that, unless protective action is taken, material injury will 
occur.  G/ADP/N/1/EU/1/Rev.1 
 
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  ▼B 
Article 4 
 
Definition of Community industry 
 
1. For the purposes of this Regulation, the term  'Community industry' shall be interpreted as 
referring to the Community producers as a whole of the like products or to those of them whose 
collective output of the products constitutes a majo r proportion, as defined in Article 5(4), of the 
total Community production of those products, except that:  
a. when producers are related to the exporters or importers or are themselves importers of 
the allegedly dumped product, the term 'Community industry' may be interpreted as referring to the rest of the producers;  
b. in exceptional circumstances the territory of the Community may, for the production in 
question, be divided into two or more competitive markets and the producers within 
each market may be regarded as a separate industry if:  
i. the producers within such a market sell all or almost all of their production of the 
product in question in that market; and  
ii. the demand in that market is not to any substantial degree supplied by producers of 
the product in question located elsewhere in the Community. In such circumstances, 
injury may be found to exist even where a major portion of the total Community 
industry is not injured, provided there is a concentration of dumped imports into such an isolated market and provided fu rther that the dumped imports are causing 
injury to the producers of all or almost all of the production within such a market.  
2. For the purpose of paragraph 1, producers shal l be considered to be related to exporters or 
importers only if:  
a. one of them directly or indirectly controls the other; or  
b. both of them are directly or indirectly controlled by a third person; or 
c. together they directly or indirectly control a third person provided that there are grounds 
for believing or suspecting that the effect of the relationship is such as to cause the 
producer concerned to behave differently from non-related producers.  
For the purpose of this paragraph, one shall be deemed to control another when the former is 
legally or operationally in a position to exercise restraint or direction over the latter.  
 
3. Where the Community industry has been interpreted as referring to the producers in a certain region, the exporters shall be given an opportunity to offer undertakings pursuant to 
Article 8 in respect of the region concerned. In such cases, when evaluating the Community 
interest of the measures, special account shall be taken of the interest of the region. If an adequate undertaking is not offered promptly or the situations set out in Article 8(9) and (10) 
apply, a provisional or definitive duty may be imposed in respect of the Community as a whole. In 
such cases, the duties may, if practicable, be  limited to specific producers or exporters.  
 4. The provisions of Article 3(8) shall be applicable to this Article.  
 G/ADP/N/1/EU/1/Rev.1 
 
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  ▼B 
Article 5 
 
Initiation of proceedings 
 
1. Except as provided for in paragraph 6, an investigation to determine the existence, degree and effect of any alleged dumping shall be initiated upon a written complaint by any natural or 
legal person, or any association not having legal personality, acting on behalf of the Community 
industry.  
The complaint may be submitted to the Commission, or to a Member State, which shall forward it 
to the Commission. The Commission shall send Member States a copy of any complaint it receives. The complaint shall be deemed to have been lodged on the first working day following its delivery to the Commission by registered mail or the is suing of an acknowledgement of receipt by the 
Commission.  
 Where, in the absence of any complaint, a Member State is in possession of sufficient evidence of 
dumping and of resultant injury to the Communi ty industry, it shall immediately communicate 
such evidence to the Commission.   
2. A complaint under paragraph 1 shall include evidence of dumping, injury and a causal link 
between the allegedly dumped imports and the al leged injury. The complaint shall contain such 
information as is reasonably available to the complainant on the following:  
a. the identity of the complainant and a desc ription of the volume and value of the 
Community production of the like product by the complainant. Where a written complaint is made on behalf of the Community industry, the complaint shall identify the industry 
on behalf of which the complaint is made by a list of all known Community producers of 
the like product (or associations of Community producers of the like product) and, to the extent possible, a description of the volume and value of Community production of the 
like product accounted for by such producers; 
b. a complete description of the allegedly dumped product, the names of the country or 
countries of origin or export in question, th e identity of each known exporter or foreign 
producer and a list of known persons importing the product in question;  
c. information on prices at which the product in question is sold when destined for 
consumption in the domestic markets of the country or countries of origin or export (or, where appropriate, information on the prices at which the product is sold from the 
country or countries of origin or export to a third country or countries or on the 
constructed value of the product) and information on export prices or, where appropriate, on the prices at which the product is first resold to an independent buyer in 
the Community;  
d. information on changes in the volume of th e allegedly dumped imports, the effect of 
those imports on prices of the like product on the Community market and the consequent impact of the imports on the Community industry, as demonstrated by 
relevant factors and indices having a bearing on the state of the Community industry, 
such as those listed in Article 3(3) and (5). 
3. The Commission shall, as far as possible , examine the accuracy and adequacy of the 
evidence provided in the complaint to determine whether there is sufficient evidence to justify the 
initiation of an investigation.  G/ADP/N/1/EU/1/Rev.1 
 
- 17 - 
 
  ▼B 
 
4. An investigation shall not be initiated pursuant to paragraph 1 unless it has been determined, on the basis of an examination as to the degree of support for, or opposition to, the 
complaint expressed by Community producers of th e like product, that the complaint has been 
made by or on behalf of the Community industry. The complaint shall be considered to have been made by or on behalf of the Community industry if it is supported by those Community producers 
whose collective output constitutes more than 50 % of the total production of the like product 
produced by that portion of the Community industry  expressing either support for or opposition to 
the complaint. However, no investigation shall be initiated when Community producers expressly 
supporting the complaint account for less than 25% of total production of the like product 
produced by the Community industry.  5. The authorities shall avoid, unless a decision has been made to initiate an investigation, any 
publicising of the complaint seeking the initiation of an investigation. However, after receipt of a 
properly documented complaint and before proceeding to initiate an investigation, the government of the exporting country concerned shall be notified. 
 
6. If in special circumstances, it is decided to initiate an investigation without having received a written complaint by or on behalf of the Community industry for the initiation of such investigation, 
this shall be done on the basis of sufficient evid ence of dumping, injury and a causal link, as 
described in paragraph 2, to justify such initiation.   7. The evidence of both dumping and injury sha ll be considered simultaneously in the decision 
on whether or not to initiate an investigation. A complaint shall be rejected where there is 
insufficient evidence of either dumping or of injury to justify proceeding with the case. Proceedings shall not be initiated against countries whose imports represent a market share of below 1%, 
unless such countries collectively account for 3 % or more of Community consumption. 
 8. The complaint may be withdrawn prior to initiation, in which case it shall be considered not 
to have been lodged.  
 9. Where, after consultation, it is apparent that there is sufficient evidence to justify initiating a proceeding, the Commission shall do so within 45 days of the lodging of the complaint and shall 
publish a notice in the Official Journal of the European Union . Where insufficient evidence has been 
presented, the complainant shall, after consultation , be so informed within 45 days of the date on 
which the complaint is lodged with the Commission.  
 
10. The notice of initiation of the proceedings shall announce the initiation of an investigation, indicate the product and countries concerned, give a summary of the information received, and 
provide that all relevant information is to be communicated to the Commission; it shall state the 
periods within which interested parties may make themselves known, present their views in writing and submit information if such views and information are to be taken into account during the investigation; it shall also state the period within which interested parties may apply to be 
heard by the Commission in accordance with Article 6(5).  
 11. The Commission shall advise the exporters, importers and representative associations of 
importers or exporters known to it to be concerne d, as well as representatives of the exporting 
country and the complainants, of the initiation of  the proceedings and, with due regard to the 
protection of confidential information, provide the full text of the written complaint received 
pursuant to paragraph 1 to the known exporters and to the authorities of the exporting country, 
and make it available upon request to other interested parties involved. Where the number of exporters involved is particularly high, the full text of the written complaint may instead be provided only to the authorities of the exporting country or to the relevant trade association.  
 
12. An anti-dumping investigation shall not hinder the procedures of customs clearance.  G/ADP/N/1/EU/1/Rev.1 
 
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▼B 
Article 6 
 
The investigation 
 1. Following the initiation of the proceeding, the Commission, acting in cooperation with the Member States, shall commence an investigation at Community level. Such investigation shall 
cover both dumping and injury and these shall be investigated simultaneously. For the purpose of 
a representative finding, an investigation period shall be selected which, in the case of dumping shall, normally, cover a period of no less than six months immediately prior to the initiation of the 
proceeding. Information relating to a period subseq uent to the investigation period shall, normally, 
not be taken into account.   
2. Parties receiving questionnaires used in an anti-dumping investigation shall be given at least 
30 days to reply. The time-limit for exporters shall be counted from the date of receipt of the questionnaire, which for this purpose shall be deemed to have been received one week from the day on which it was sent to the exporter or transmitted to the appropriate diplomatic 
representative of the exporting country. An extension to the 30 day period may be granted, due 
account being taken of the time-limits of the investigation, provided that the party shows due cause for such extension, in terms of its particular circumstances. 
 
3. The Commission may request Member States to supply information, and Member States shall take whatever steps are necessary in order to give effect to such requests. They shall send to 
the Commission the information requested together within the results of all inspections, checks or 
investigations carried out. Where this information is of general interest or where its transmission has been requested by a Member State, the Comm ission shall forward it to the Member States, 
provided it is not confidential, in which case a non- confidential summary shall be forwarded.  
 
4. The Commission may request Member States to carry out all necessary checks and inspections, particularly amongst importers, traders and Community producers, and to carry out 
investigations in third countries, provided that the firms concerned give their consent and that the 
government of the country in question has been officially notified and raises no objection. Member States shall take whatever steps are necessary in order to give effect to such requests from the 
Commission. Officials of the Commission shall be authorised, if the Commission or a Member State 
so requests, to assist the officials of Member States in carrying out their duties.   5. The interested parties which have made themselves known in accordance with Article 5(10) 
shall be heard if they have, within the period prescribed in the notice published in the Official 
Journal of the European Union , made a written request for a hearing showing that they are an 
interested party likely to be affected by the result of the proceeding and that there are particular 
reasons why they should be heard.  
 6. Opportunities shall, on request, be provided for the importers, exporters, representatives of 
the government of the exporting country and the complainants, which have made themselves 
known in accordance with Article 5(10), to meet those parties with adverse interests, so that opposing views may be presented and rebuttal arguments offered. Provision of such opportunities must take account of the need to preserve confidentiality and of the convenience to the parties. 
There shall be no obligation on any party to attend a meeting, and failure to do so shall not be 
prejudicial to that party's case. Oral information provided under this paragraph shall be taken into account in so far as it is subsequently confirmed in writing.  
 
7. The complainants, importers and exporters and their representative associations, users and consumer organisations, which have made themselves known in accordance with Article 5(10), as 
well as the representatives of the exporting co untry may, upon written request, inspect all 
information made available by any party to an investigation, as distinct from internal documents prepared by the authorities of the Community or its Member States, which is relevant to the presentation of their cases and not confidential with in the meaning of Article 19, and that it is used 
in the investigation. Such parties may respond to such information and their comments shall be 
taken into consideration, wherever they are sufficiently substantiated in the response.   
 G/ADP/N/1/EU/1/Rev.1 
 
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  ▼B 
 
8. Except in the circumstances provided for in Article 18, the information which is supplied by interested parties and upon which findings are based shall be examined for accuracy as far as 
possible. 
 9. For proceedings initiated pursuant to Article 5(9), an investigation shall, whenever possible, 
be concluded within one year. In any event, such investigations shall in all cases be concluded 
within 15 months of initiation, in accordance with the findings made pursuant to Article 8 for undertakings or the findings made pursuant to Article 9 for definitive action.  
 
Article 7 
 
Provisional measures 
 
1. Provisional duties may be imposed if proceedings have been initiated in accordance with Article 5, if a notice has been given to that effect and interested parties have been given adequate 
opportunities to submit information and make comments in accordance with Article 5(10), if a 
provisional affirmative determination has been made of dumping and consequent injury to the Community industry, and if the Community interest calls for intervention to prevent such injury. 
The provisional duties shall be imposed no earlier than 60 days from the initiation of the 
proceedings but no later than nine months from the initiation of the proceedings.   2. The amount of the provisional anti-dumping du ty shall not exceed the margin of dumping as 
provisionally established, but it should be less than the margin if such lesser duty would be 
adequate to remove the injury to the Community industry.  
3. Provisional duties shall be secured by a guarantee, and the release of the products 
concerned for free circulation in the Community shall be conditional upon the provision of such guarantee.  
 
4. The Commission shall take provisional action after consultation or, in cases of extreme urgency, after informing the Member States. In this latter case, consultations shall take place 10 days, at the latest, after notification to the Member States of the action taken by the Commission.  
 
5. Where a Member State requests immediate intervention by the Commission and where the 
conditions in paragraph 1 are met, the Commission shall within a maximum of five working days of 
receipt of the request, decide whether a provis ional anti-dumping duty shall be imposed.  
 6. The Commission shall forthwith inform the Council and the Member States of any decision 
taken under paragraphs 1 to 5. The Council, acting by a qualified majority, may decide differently.  
 7. Provisional duties may be imposed for six months and extended for a further three months or they may be imposed for nine months. However, they may only be extended, or imposed for a 
nine-month period, where exporters representing a significant percentage of the trade involved so 
request or do not object upon notification by the Commission. 
 
Article 8 
 
Undertakings 
 
1. Upon condition that a provisional affirmative determination of dumping and injury has been 
made, the Commission may accept satisfactory vo luntary undertaking offers submitted by any 
exporter to revise its prices or to cease exports at  dumped prices, if, after specific consultation of 
the Advisory Committee, it is satisfied that the injurious effect of the dumping is thereby 
eliminated. In such a case and as long as such undertakings are in force, provisional duties imposed by the Commission in accordance with Article 7(1) or definitive duties imposed by the 
Council in accordance with Article 9(4) as the case may be shall not apply to the relevant imports 
of the product concerned manufactured by the companies referred to in the Commission decision accepting undertakings, as subsequently amended.  Price increases under such undertakings shall 
not be higher than necessary to eliminate the margin of dumping and they should be less than the 
margin of dumping if such increases would be adequate to remove the injury to the Community industry.  G/ADP/N/1/EU/1/Rev.1 
 
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  ▼B 
 
2. Undertakings may be suggested by the Commission, but no exporter shall be obliged to enter into such an undertaking. The fact that exporters do not offer such undertakings, or do not 
accept an invitation to do so, shall in no way prejudice consideration of the case. However, it may 
be determined that a threat of injury is more likely to be realised if the dumped imports continue. Undertakings shall not be sought or accepted from exporters unless a provisional affirmative 
determination of dumping and injury caused by su ch dumping has been made. Save in exceptional 
circumstances, undertakings may not be offered la ter than the end of the period during which 
representations may be made pursuant to Article 20(5).  
 
3. Undertakings offered need not be accepted if their acceptance is considered impractical, if such as where the number of actual or potential exporters is too great, or for other reasons, 
including reasons of general policy. The exporter concerned may be provided with the reasons for 
which it is proposed to reject the offer of an und ertaking and may be given an opportunity to make 
comments thereon. The reasons for rejection shall be set out in the definitive decision.   
4. Parties which offer an undertaking shall be required to provide a non-confidential version of 
such undertaking, so that it may be made available to interested parties to the investigation.   
5. Where undertakings are, after consultation, accepted and where there is no objection raised 
within the Advisory Committee, the investigation shall be terminated. In all other cases, the Commission shall submit to the Council forthwith a report on the results of the consultation, together with a proposal that the investigation be terminated. The investigation shall be deemed 
terminated if, within one month, the Council, acting by a qualified majority, has not decided 
otherwise.  
6. If the undertakings are accepted, the investig ation of dumping and injury shall normally be 
completed. In such a case, if a negative determination of dumping or injury is made, the undertaking shall automatically lapse, except in cases where such a determination is due in large 
part to the existence of an undertaking. In such cases it may be required that an undertaking be 
maintained for a reasonable period. In the event that an affirmative determination of dumping and injury is made, the undertaking shall continue consistent with its terms and the provisions of this Regulation.  
 
7. The Commission shall require any exporter from  which an undertaking has been accepted to 
provide, periodically, information relevant to the fulfilment of such undertaking, and to permit 
verification of pertinent data. Non-compliance with such requirements shall be construed as a 
breach of the undertaking.   
8. Where undertakings are accepted from certain exporters during the course of an 
investigation, they shall, for the purpose of Articl e 11, be deemed to take effect from the date on 
which the investigation is concluded for the exporting country.   
9. In case of breach or withdrawal of undertaki ngs by any party to the undertaking, or in case 
of withdrawal of acceptance of the undertaki ng by the Commission, the acceptance of the 
undertaking shall, after consultation, be withdrawn by Commission Decision or Commission 
Regulation, as appropriate, and the provisional duty which has been imposed by the Commission 
in accordance with Article 7 or the definitive duty which has been imposed by the Council in 
accordance with Article 9(4) shall automatically ap ply, provided that the exporter concerned has, 
except where he himself has withdrawn the undertaking, been given an opportunity to comment.  
 Any interested party or Member State may submit information showing prima facie evidence of a 
breach of an undertaking. The subsequent assessment of whether or not a breach of an 
undertaking has occurred shall normally be concluded within six months, but in no case later than 
nine months following a duly substantiated request. The Commission may request the assistance of the competent authorities of the Member St ates in the monitoring of undertakings.  
 
10. A provisional duty may, after consultation, be imposed in accordance with Article 7 on the basis of the best information available, where there is reason to believe that an undertaking is 
being breached, or in case of breach or withdr awal of an undertaking where the investigation 
which led to the undertaking has not been concluded. G/ADP/N/1/EU/1/Rev.1 
 
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  ▼B 
Article 9 
 
Termination without measures; imp osition of definitive duties 
 
1. Where the complaint is withdrawn, the proceeding may be terminated unless such termination would not be in the Community interest. 
 
2. Where, after consultation, protective measures are unnecessary and there is no objection raised within the Advisory Committee, the investigation or proceeding shall be terminated. In all 
other cases, the Commission shall submit to the Council forthwith a report on the results of the 
consultation, together with a proposal that the proceeding be terminated. The proceeding shall be 
deemed terminated if, within one month, the Council, acting by a qualified majority, has not decided otherwise. 
 
3. For a proceeding initiated pursuant to Article 5(9), injury shall normally be regarded as negligible where the imports concerned represent less than the volumes set out in Article 5(7). For 
the same proceeding, there shall be immediate termination where it is determined that the margin 
of dumping is less than 2%, expressed as a percentage  of the export price, provided that it is only 
the investigation that shall be terminated where the margin is below 2% for individual exporters 
and they shall remain subject to the proceeding and may be reinvestigated in any subsequent 
review carried out for the country concerned pursuant to Article 11.   4. Where the facts as finally established show that there is dumping and injury caused thereby, 
and the Community interest calls for intervention in accordance with Article 21, a definitive anti-
dumping duty shall be imposed by the Council, acting on a proposal submitted by the Commission after consultation of the Advisory Committee. The proposal shall be adopted by the Council unless 
it decides by a simple majority to reject the proposal, within a period of one month after its 
submission by the Commission. Where provisional duties are in force, a proposal for definitive action shall be submitted no later than one month before the expiry of such duties. The amount of 
the anti- dumping duty shall not exceed the margin  of dumping established but it should be less 
than the margin if such lesser duty would be ad equate to remove the injury to the Community 
industry.  
 
▼M1 
 5. An anti-dumping duty shall be imposed in the appropriate amounts in each case, on a non-
discriminatory basis on imports of a product from all sources found to be dumped and causing injury, except for imports from those sources from which undertakings under the terms of this 
Regulation have been accepted. 
 The Regulation imposing anti-dumping measures shall specify the duty for each supplier or, if that 
is impracticable, the supplying country concerned.  Suppliers which are legally distinct from other 
suppliers or which are legally distinct from the State may nevertheless be considered as a single entity for the purpose of specifying the duty. For the application of this subparagraph, account may be taken of factors such as the existence of structural or corporate links between the 
suppliers and the State or between suppliers, contro l or material influence by the State in respect 
of pricing and output, or the economic structure of the supplying country. 
 
 
▼B 
 
6. ►M2 When the Commission has limited its examination in accordance with Article 17, any 
anti-dumping duty applied to imports from exporters or producers which have made themselves 
known in accordance with Article 17 but were not included in the examination shall not exceed the weighted average margin of dumping established with respect to the parties in the sample, 
irrespective of whether the normal value for such pa rties is determined on the basis of Article 2(1) 
to (6) or subparagraph (a) of Article 2(7). ◄ For the purpose of this paragraph, the Commission 
shall disregard any zero and de minimis margins, and margins established in the circumstances 
referred to in Article 18. Individual duties shal l be applied to imports from any exporter or 
producer which is granted individual treatment, as provided for in Article 17. G/ADP/N/1/EU/1/Rev.1 
 
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  ▼B 
Article 10 
 
Retroactivity 
 
1. Provisional measures and definitive anti-dumping duties shall only be applied to products which enter free circulation after the time when the decision taken pursuant to Article 7(1) or 9(4), 
as the case may be, enters into force, subject to the exceptions set out in this Regulation.  
 2. Where a provisional duty has been applied and the facts as finally established show that 
there is dumping and injury, the Council shall decide, irrespective of whether a definitive anti-
dumping duty is to be imposed, what proportion of the provisional duty is to be definitively 
collected. For this purpose, 'injury' shall not include material retardation of the establishment of a Community industry, nor threat of material injury, except where it is found that this would, in the 
absence of provisional measures, have developed into material injury. In all other cases involving 
such threat or retardation, any provisional amounts shall be released and definitive duties can only be imposed from the date that a final determination of threat or material retardation is made.  
 
3. If the definitive anti-dumping duty is high er than the provisional duty, the difference shall 
not be collected. If the definitive duty is lower than the provisional duty, the duty shall be 
recalculated. Where a final determination is negative, the provisional duty shall not be confirmed.  
 4. A definitive anti-dumping duty may be levied on products which were entered for consumption no more than 90 days prior to the date of application of provisional measures but not 
prior to the initiation of the investigation, provided that imports have been registered in 
accordance with Article 14(5), the Commission has allowed the importers concerned an opportunity to comment, and: 
 
a. there is, for the product in question, a histor y of dumping over an extended period, or 
the importer was aware of, or should have been aware of, the dumping as regards the 
extent of the dumping and the injury alleged or found; and  
b. in addition to the level of imports which caused injury during the investigation period, 
there is a further substantial rise in imports which, in the light of its timing and volume and other circumstances, is likely to seriously undermine the remedial effect of the 
definitive anti-dumping duty to be applied.  
5. In cases of breach or withdrawal of undertak ings, definitive duties may be levied on goods 
entered for free circulation no more than 90 days before the application of provisional measures, 
provided that imports have been registered in accordance with Article 14(5), and that any such 
retroactive assessment shall not apply to imports en tered before the breach or withdrawal of the 
undertaking. 
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 request made by or on behalf of Community producers, and the measure 
shall remain in force pending the outcome of such review.  
An expiry review shall be initiate d 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 evid ence 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. G/ADP/N/1/EU/1/Rev.1 
 
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  ▼B 
 
In carrying out investigations under this paragraph, the exporters, importers, the representatives of the exporting country and the Community produc ers shall be provided with the opportunity to 
amplify, rebut or comment on the matters set out in the review request, and conclusions shall be 
reached with due account taken of all relevant  and duly documented evidence presented in 
relation to the question as to whether the expiry of measures would be likely, or unlikely, to lead 
to the continuation or recurrence of dumping and injury. 
 A notice of impending expiry  shall be published in the Official Journal of the European Union at an 
appropriate time in the final year of the period of application of the measures as defined in this 
paragraph. Thereafter, the Community producers shall, no later than three months before the end of the five-year period, be entitled to lodge a review request in accordance with the second subparagraph. A notice announcing the actual expiry  of measures pursuant to this paragraph shall 
also be published.  
 3. 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 substantiati ng 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.  
 
In carrying out investigations pursuant to this paragraph, the Commission may, inter alia, consider whether the circumstances with regard to dumping and injury have changed significantly, or 
whether existing measures are achieving the intended results in removing the injury previously 
established under Article 3. In these respects, account shall be taken in the final determination of all relevant and duly documented evidence.  
4. A review shall also be carried out for the purpose of determining individual margins of 
dumping for new exporters in the exporting country in question which have not exported the product during the period of investigation on which the measures were based. 
 
The review shall be initiated where a new exporter or producer can show that it is not related to any of the exporters or producers in the exportin g country which are subject to the anti-dumping 
measures on the product, and that it has actually exported to the Community following the 
investigation period, or where it can demonstrate that it has entered into an irrevocable contractual obligation to export a significant quantity to the Community.   
A review for a new exporter shall be initiated, and carried out on an accelerated basis, after 
consultation of the Advisory Committee and after Community producers have been given an opportunity to comment. The Commission regulation initiating a review shall repeal the duty in 
force with regard to the new exporter concerned by amending the Regulation which has imposed 
such duty, and by making imports subject to registration in accordance with Article 14(5) in order to ensure that, should the review result in a determination of dumping in respect of such an 
exporter, anti-dumping duties can be levied retroactively to the date of the initiation of the review.  
 The provisions of this paragraph shall not apply where duties have been imposed under Article 9(6).  G/ADP/N/1/EU/1/Rev.1 
 
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  ▼B 
 
5. The relevant provisions of this Regulation with regard to procedures and the conduct of 
investigations, excluding those relating to time-limits, shall apply to any review carried out pursuant to paragraphs 2, 3 and 4. Reviews carried out pursuant to paragraphs 2 and 3 shall be 
carried out expeditiously and shall normally be concluded within 12 months of the date of initiation 
of the review. In any event, reviews pursuant to paragraphs 2 and 3 shall in all cases be concluded within 15 months of initiation. Reviews pursuant to paragraph 4 shall in all cases be concluded within nine months of the date of initiation. If a review carried out pursuant to paragraph 2 is 
initiated while a review under paragraph 3 is ongoing in the same proceeding, the review pursuant 
to paragraph 3 shall be concluded at the same time as the review pursuant to paragraph 2.   
The Commission shall submit a proposal for action to the Council no later than one month before 
the expiry of the deadlines specified in the first subparagraph.  
If the investigation is not completed within the deadlines specified in the first subparagraph, the 
measures shall: 
 
— expire in investigations pursuant to paragraph 2,  
— expire in the case of investigations carried out pursuant to paragraphs 2 and 3 in 
parallel, where either the investigation pursuant to paragraph 2 was initiated while a 
review under paragraph 3 was ongoing in the same proceeding or where such reviews were initiated 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 . 
 
6. Reviews pursuant to this Article shall be initiated by the Commission after consultation of 
the Advisory Committee. Where warranted by reviews, measures shall be repealed or maintained pursuant to paragraph 2, or repealed, maintained or amended pursuant to paragraphs 3 and 4, by 
the Community institution responsible for their introduction. Where measures are repealed for 
individual exporters, but not for the country as a whole, such exporters shall remain subject to the 
proceeding and may, automatically, be reinvestigated in any subsequent review carried out for that country pursuant to this Article.  
 
7. Where a review of measures pursuant to para graph 3 is in progress at the end of the period 
of application of measures as defined in paragraph 2, such review shall also cover the 
circumstances set out in paragraph 2. 
 8. Notwithstanding paragraph 2, an importer may request reimbursement of duties collected 
where it is shown that the dumping margin, on the basis of which duties were paid, has been 
eliminated, or reduced to a level which is below the level of the duty in force.  In requesting a refund of anti-dumping duties, the importer shall submit an application to the 
Commission. The application shall be submitted via the Member State of the territory in which the 
products were released for free circulation, within six months of the date on which the amount of the definitive duties to be levied was duly determined by the competent authorities or of the date 
on which a decision was made definitively to co llect the amounts secured by way of provisional 
duty. Member States shall forward the request to the Commission forthwith.  
 
An application for refund shall only be considered to be duly supported by evidence where it contains precise information on the amount of refund of anti-dumping duties claimed and all 
customs documentation relating to the calculation and payment of such amount. It shall also 
include evidence, for a representative period, of normal values and export prices to the 
Community for the exporter or producer to which th e duty applies. In cases where the importer is 
not associated with the exporter or producer concerned and such information is not immediately 
available, or where the exporter or producer is unwilling to release it to the importer, the 
application shall contain a statement from the exporter or producer that the dumping margin has been reduced or eliminated, as specified in this Article, and that the relevant supporting evidence 
will be provided to the Commission. Where such evidence is not forthcoming from the exporter or 
producer within a reasonable period of time the application shall be rejected. G/ADP/N/1/EU/1/Rev.1 
 
- 25 - 
 
  ▼B 
 
The Commission shall, after consultation of the Advisory Committee, decide whether and to what extent the application should be granted, or it may decide at any time to initiate an interim review, 
whereupon the information and findings from such  review carried out in accordance with the 
provisions applicable for such reviews, shall be used to determine whether and to what extent a refund is justified. Refunds of duties shall normally take place within 12 months, and in no 
circumstances more than 18 months after the date on which a request for a refund, duly 
supported by evidence, has been made by an impo rter of the product subject to the anti-dumping 
duty. The payment of any refund authorised should  normally be made by Member States within 90 
days of the Commission's decision. 
 9. In all review or refund investigations carried out pursuant to this Article, the Commission shall, provided that circumstances have not changed, apply the same methodology as in the 
investigation which led to the duty, with due account being taken of Article 2, and in particular 
paragraphs 11 and 12 thereof, and of Article 17.  
10. In any investigation carried our pursuant to this Article, the Commission shall examine the 
reliability of export prices in accordance with Article 2. However, where it is decided to construct the export price in 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 Community.  
 
Article 12 
 
►C1 Absorption ◄ 
 
1. Where the Community industry or any other interested party submit, normally within two years from the entry into force of the measures, sufficient information showing that, after the 
original investigation period and prior to or following the imposition of measures, export prices 
have decreased or that there has been no movement, or insufficient movement in the resale prices or subsequent selling prices of the imported product in the Community, the investigation may, after consultation, be reopened to examine whether the measure has had effects on the 
abovementioned prices. 
 The investigation may also be reopened, under the conditions set out above, at the initiative of the 
Commission or at the request of a Member State.  
 
2. ►C1 During a reinvestigation pursuant to this Article, exporters, importers and Community 
producers shall be provided with an opportunity to clarify the situation with regard to resale prices 
and subsequent selling prices: if it is concluded that the measure should have led to movements in such prices, then, in order to remove the injury previously established in accordance with Article 3, 
export prices shall be reassessed in accordance  with Article 2 and dumping margins shall be 
recalculated to take account of the reassessed export prices. Where it is considered that the conditions of Article 12(1) are met due to a fall in export prices which has occurred after the 
original investigation period and prior to or following the imposition of measures, dumping margins 
may be recalculated to take account of such lower export prices.  ◄ 
 
3. Where a reinvestigation pursuant to this Article shows increased dumping, the measures in force may, after consultation, be amended by the Council, acting on a proposal from the Commission in accordance with the new findings on export prices. The proposal shall be adopted 
by the Council unless it decides by a simple majority  to reject the proposal, within a period of one 
month after its submission by the Commission. The amount of the anti-dumping duty imposed 
pursuant to this Article shall not exceed twice the amount of the duty imposed initially by the 
Council. G/ADP/N/1/EU/1/Rev.1 
 
- 26 - 
 
  ▼B 
 
4. The relevant provisions of Articles 5 and 6 shall apply to any reinvestigation carried out pursuant to this Article, except that such reinvestigation shall be carried out expeditiously and 
shall normally be concluded within six months of the date of initiation of the reinvestigation. In any 
event, such reinvestigations shall in all cases be concluded within nine months of initiation of the reinvestigation. 
 
The Commission shall submit a proposal for action to the Council no later than one month before the expiry of the deadlines specified in the first subparagraph. 
 
If the reinvestigation is not completed within the deadlines specified in the first subparagraph, measures shall remain unchanged. A notice announcing the maintenance of the measures pursuant to this paragraph shall be published in the Official Journal of the European Union .  
 
5. Alleged changes in normal value shall only be taken into account under this Article where complete information on revised normal values, duly substantiated by evidence, is made available 
to the Commission within the time-limits set out in the notice of initiation of an investigation. 
Where an investigation involves a re-examination of normal values, imports may be made subject to registration in accordance with Article 14(5) pending the outcome of the reinvestigation.  
 
Article 13 
 
Circumvention 
 
1. Anti-dumping duties imposed pursuant to this Regulation may be extended to imports from third countries, of the like product, whether slightly  modified or not, or to imports of the slightly 
modified like product from the country subject to  measures, or parts thereof, when circumvention 
of the measures in force is taking place. Anti -dumping duties not exceeding the residual anti-
dumping duty imposed in accordance with Article 9(5) may be extended to imports from 
companies benefiting from individual duties in the countries subject to measures when 
circumvention of the measures in force is taking place. Circumvention shall be defined as a change in the pattern of trade between third countri es and the Community or between individual 
companies in the country subject to measures and the Community, which stems from a practice, 
process or work for which there is insufficient due cause or economic justification other than the 
imposition of the duty, and where there is evidence of injury or that the remedial effects of the 
duty are being undermined in terms of the prices and/or quantities of the like product, and where 
there is evidence of dumping in relation to the normal values previously established for the like 
product, if necessary in accordance with the provisions of Article 2.  
The practice, process or work referred to in the first subparagraph includes, inter alia, the slight 
modification of the product concerned to make it fall under customs codes which are normally not subject to the measures, provided that the modification does not alter its essential characteristics, the consignment of the product subject to measures via third countries, the reorganisation by 
exporters or producers of their patterns and channe ls of sales in the country subject to measures 
in order to eventually have their products exported to the Community through producers benefiting from an individual duty rate lower than that applicable to the products of the 
manufacturers, and, in the circumstances indicated in paragraph 2, the assembly of parts by an 
assembly operation in the Community or a third country.  
2. An assembly operation in the Community or a third country shall be considered to 
circumvent the measures in force where:  
a. the operation started or substantially increased since, or just prior to, the initiation of 
the anti-dumping investigation and the parts concerned are from the country subject to 
measures, and  
b. the parts constitute 60% or more of the total value of the parts of the assembled 
product, except that in no case shall circumvention be considered to be taking place 
where the value added to the parts brought in, during the assembly or completion operation, is greater than 25% of the manufacturing cost, and  G/ADP/N/1/EU/1/Rev.1 
 
- 27 - 
 
  ▼B 
 
c. the remedial effects of the duty are being undermined in terms of the prices and/or 
quantities of the assembled like product and there is evidence of dumping in relation to 
the normal values previously established for the like or similar products.  
3. Investigations shall be initiated pursuant to this Article on the initiative of the Commission or 
at the request of a Member State or any interested party on the basis of sufficient evidence 
regarding the factors set out in paragraph 1. Initiations shall be made, after consultation of the 
Advisory Committee, by Commission Regulation which may also instruct the customs authorities to make imports subject to registration in accordan ce with Article 14(5) or to request guarantees. 
Investigations shall be carried out by the Commission, which may be assisted by customs 
authorities and shall be concluded within nine months. When the facts as finally ascertained justify the extension of measures, this shall be done by the Council, acting on a proposal submitted by the Commission, after consultation of the Advisory  Committee. The proposal shall be adopted by 
the Council unless it decides by a simple majority to reject the proposal, within a period of one 
month after its submission by the Commission. The extension shall take effect from the date on which registration was imposed pursuant to Article 14(5) or on which guarantees were requested. 
The relevant procedural provisions of this Regulation with regard to initiations and the conduct of 
investigations shall apply pursuant to this Article.  
4. Imports shall not be subject to registration pursuant to Article 14(5) or measures where 
they are traded by companies which benefit fr om exemptions. Requests for exemptions duly 
supported by evidence shall be submitted within the time-limits established in the Commission regulation initiating the investigation. Where the circumventing practice, process or work takes 
place outside the Community, exemptions may be granted to producers of the product concerned 
that can show that they are not related to any producer subject to the measures and that are found not to be engaged in circumvention practices as defined in paragraphs 1 and 2 of this 
Article. Where the circumventing practice, process or work takes place inside the Community, 
exemptions may be granted to importers that ca n show that they are not related to producers 
subject to the measures. 
 
These exemptions shall be granted by decision of the Commission after consultation of the 
Advisory Committee or decision of the Council imposing measures and shall remain valid for the period and under the conditions set down therein.  
 
Provided that the conditions set in Article 11(4) are met, exemptions may also be granted after the conclusion of the investigation leading to the extension of the measures.  
Provided that at least one year has lapsed from the extension of the measures, and in case the 
number of parties requesting or potentially requesti ng an exemption is significant, the Commission 
may decide to initiate a review of the extension of the measures. Any such review shall be 
conducted in accordance with the provisions of Article 11(5) as applicable to reviews pursuant to 
Article 11(3).  5. Nothing in this Article shall preclude the normal application of the provisions in force 
concerning customs duties. 
 G/ADP/N/1/EU/1/Rev.1 
 
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  ▼B 
Article 14 
 
General provisions 
 
1. Provisional or definitive anti-dumping duties  shall be imposed by Regulation, and collected 
by Member States in the form, at the rate specified and according to the other criteria laid down in 
the Regulation imposing such duties. Such duties  shall also be collected independently of the 
customs duties, taxes and other charges normally imposed on imports. No product shall be subject to both anti-dumping and countervailing duties fo r the purpose of dealing with one and the same 
situation arising from dumping or from export subsidisation. 
 2. Regulations imposing provisional or definitive anti-dumping duties, and regulations or decisions accepting undertakings or terminating investigations or proceedings, shall be published 
in the Official Journal of the European Union . Such regulations or decisions shall contain in 
particular and with due regard to the protection  of confidential information, the names of the 
exporters, if possible, or of the countries involved, a description of the product and a summary of 
the material facts and considerations relevant to the dumping and injury determinations. In each 
case, a copy of the regulation or decision shall be  sent to known interested parties. The provisions 
of this paragraph shall apply mutatis mutandis to reviews. 
 
3. Special provisions, in particular with regard to the common definition of the concept of origin, as contained in Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code
1, may be adopted pursuant to this Regulation.  
 
4. In the Community interest, measures imposed pursuant to this Regulation may, after consultation of the Advisory Committee, be su spended by a decision of the Commission for a 
period of nine months. The suspension may be extended for a further pe riod, not exceeding one 
year, if the Council so decides, acting on a proposal from the Commission. The proposal shall be adopted by the Council unless it decides by a simple majority to reject the proposal, within a 
period of one month after its submission by the Commission. Measures may only be suspended 
where market conditions have temporarily changed to an extent that injury would be unlikely to resume as a result of the suspension, and provid ed that the Community industry has been given 
an opportunity to comment and these comments have been taken into account. Measures may, at 
any time and after consultation, be reinstated if th e reason for suspension is no longer applicable. 
 
 
5. The Commission may, after consultation of the Advisory Committee, direct the customs 
authorities to take the appropriate steps to register imports, so that measures may subsequently 
be applied against those imports from the date of such registration. Imports may be made subject to registration following a request from the Community industry which contains sufficient evidence to justify such action. Registration shall be introduced by regulation which shall specify the 
purpose of the action and, if appropriate, the esti mated amount of possible future liability. Imports 
shall not be made subject to registration for a period longer than nine months.   
6. Member States shall report to the Commission every month, on the import trade in products 
subject to investigation and to measures, and on the amount of duties collected pursuant to this Regulation.  
 
7. Without prejudice to paragraph 6, the Commission may request Member States, on a case-by-case basis, to supply information necessary to monitor efficiently the application of measures. 
In this respect, the provisions of Article 6(3) and (4) shall apply. Any data submitted by Member 
States pursuant to this Article shall be covered by the provisions of Article 19(6).  
 
                                               
1 OJ L 302, 19.10.1992, p. 1.  G/ADP/N/1/EU/1/Rev.1 
 
- 29 - 
 
   
▼B 
Article 15 
 
Consultations 
 
1. Any consultations provided for in this Regulation shall take place within an Advisory 
Committee, which shall consist of representatives of each Member State, with a representative of 
the Commission as chairman. Consultations shall be held immediately at the request of a Member State or on the initiative of the Commission and in any event within a period which allows the 
time-limits set by this Regulation to be adhered to.  
 2. The Committee shall meet when convened by  its chairman. He shall provide the Member 
States, as promptly as possible, but no later th an 10 working days before the meeting, with all 
relevant information.  
 3. Where necessary, consultation may be in writing only; in that event, the Commission shall 
notify the Member States and shall specify a period  within which they shall be entitled to express 
their opinions or to request an oral consultation  which the chairman shall arrange, provided that 
such oral consultation can be held within a period which allows the time-limits set by this 
Regulation to be adhered to. 
 4. Consultation shall cover, in particular:   
a. the existence of dumping and the methods of establishing the dumping margin;  
b. the existence and extent of injury;  
c. the causal link between the dumped imports and injury;  
d. the measures which, in the circumstances, are appropriate to prevent or remedy the 
injury caused by dumping and the ways and me ans of putting such measures into effect.  
Article 16 
 
Verification visits 
 
1. The Commission shall, where it considers it appropriate, carry out visits to examine the 
records of importers, exporters, traders, agents, producers, trade associations and organisations 
and to verify information provided on dumping an d injury. In the absence of a proper and timely 
reply, a verification visit may not be carried out.  
 
2. The Commission may carry out investigations in third countries as required, provided that it obtains the agreement of the firms concerned, that it notifies the representatives of the 
government of the country in question and that the latter does not object to the investigation. As 
soon as the agreement of the firms concerned has been obtained the Commission should notify the authorities of the exporting country of the names and addresses of the firms to be visited and the 
dates agreed.  
 
3. The firms concerned shall be advised of the na ture of the information to be verified during 
verification visits and of any further information which needs to be provided during such visits, 
though this should not preclude requests made during the verification for further details to be 
provided in the light of information obtained.   
4. In investigations carried out pursuant to paragraphs 1, 2 and 3, the Commission shall be 
assisted by officials of those Member States who so request.  G/ADP/N/1/EU/1/Rev.1 
 
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  ▼B 
Article 17  
 
Sampling 
 
1. In cases where the number of complainants, exporters or importers, types of product or transactions is large, the investigation may be limited to a reasonable number of parties, products 
or transactions by using samples which are statistically valid on the basis of information available 
at the time of the selection, or to the largest re presentative volume of production, sales or exports 
which can reasonably be investigated within the time available.  
 
2. The final selection of parties, types of prod ucts or transactions made under these sampling 
provisions shall rest with the Commission, though preference shall be given to choosing a sample in consultation with, and with the consent of, the parties concerned, provided such parties make 
themselves known and make sufficient information available, within three weeks of initiation of the 
investigation, to enable a representative sample to be chosen.   
3. In cases where the examination has been lim ited in accordance with this Article, an 
individual margin of dumping shall, nevertheless, be calculated for any exporter or producer not initially selected who submits the necessary information within the time-limits provided for in this 
Regulation, except where the number of exporter s or producers is so large that individual 
examinations would be unduly burdensome and wo uld prevent completion of the investigation in 
good time.  
4. Where it is decided to sample and there is a degree of non- cooperation by some or all of 
the parties selected which is likely to materially affect the outcome of the investigation, a new sample may be selected. However, if a material degree of non-cooperation persists or there is 
insufficient time to select a new sample, the relevant provisions of Article 18 shall apply.  
 
Article 18  
 
Non-cooperation 
 1. In cases in which any interested party refuses access to, or otherwise does not provide, 
necessary information within the time- limits provided in this Regulation, or significantly impedes 
the investigation, provisional or final findings, affirmative or negative, may be made on the basis of the facts available. Where it is found that any interested party has supplied false or misleading 
information, the information shall be disregarded and use may be made of facts available. 
Interested parties should be made aware of the consequences of non-cooperation.   
2. Failure to give a computerised response sha ll not be deemed to constitute non-cooperation, 
provided that the interested party shows that pres enting the response as requested would result in 
an unreasonable extra burden or unreasonable additional cost.   
3. Where the information submitted by an interested party is not ideal in all respects it should 
nevertheless not be disregarded, provided that any deficiencies are not such as to cause undue difficulty in arriving at a reasonably accurate finding and that the information is appropriately 
submitted in good time and is verifiable, and that  the party has acted to the best of its ability.  
 4. If evidence or information is not accepted, the supplying party shall be informed forthwith of 
the reasons therefor and shall be granted an opport unity to provide further explanations within the 
time-limit specified. If the explanations are considered unsatisfactory, the reasons for rejection of such evidence or information shall be disclosed and given in published findings.  G/ADP/N/1/EU/1/Rev.1 
 
- 31 - 
 
  ▼B 
 
5. If determinations, including those regarding normal value, are based on the provisions of paragraph 1, including the information supplied in the complaint, it shall, where practicable and 
with due regard to the time-limits of the investigation, be checked by reference to information 
from other independent sources which may be available, such as published price lists, official import statistics and customs returns, or information obtained from other interested parties during 
the investigation.  
 Such information may include relevant data pertaining to the world market or other representative 
markets, where appropriate. 
 6. If an interested party does not cooperate, or cooperates only partially, so that relevant information is thereby withheld, the result may be less favourable to the party than if it had 
cooperated.  
 
Article 19  
 
Confidentiality 
 
1. Any information which is by nature confidential (for example, because its disclosure would 
be of significant competitive advantage to a compet itor or would have a significantly adverse effect 
upon a person supplying the information or upon a person from whom he has acquired the information) or which is provided on a confidential basis by parties to an investigation, shall, if 
good cause is shown, be treated as such by the authorities.  
 2. Interested parties providing confidential information shall be required to furnish non-
confidential summaries thereof. Those summaries shall be in sufficient detail to permit a 
reasonable understanding of the substance of the information submitted in confidence. In exceptional circumstances, such parties may indicate that such information is not susceptible of 
summary. In such exceptional circumstances, a statement of the reasons why such summary is 
not possible must be provided.   3. If it is considered that a request for confiden tiality is not warranted and if the supplier of the 
information is either unwilling to make the information available or to authorise its disclosure in 
generalised or summary form, such information may be disregarded unless it can be satisfactorily demonstrated from appropriate sources that the information is correct. Requests for confidentiality 
shall not be arbitrarily rejected.  
 4. This Article shall not preclude the disclosure of general information by the Community 
authorities and in particular of the reasons on which decisions taken pursuant to this Regulation 
are based, or disclosure of the evidence relied on by the Community authorities in so far as is necessary to explain those reasons in court proceedings. Such disclosure must take into account the legitimate interests of the parties concerned that their business secrets should not be divulged.  
 
5. The Council, the Commission and Member States, or the officials of any of these, shall not 
reveal any information received pursuant to this Regulation for which confidential treatment has 
been requested by its supplier, without specific  permission from the supplier. Exchanges of 
information between the Commission and Member States, or any information relating to consultations made pursuant to Article 15, or any internal documents prepared by the authorities 
of the Community or its Member States, shall not be divulged except as specifically provided for in 
this Regulation.   6. Information received pursuant to this Regulation shall be used only for the purpose for which 
it was requested. This provision shall not preclude the use of information received in the context of 
one investigation for the purpose of initiating other investigations within the same proceeding in relation to the product concerned. G/ADP/N/1/EU/1/Rev.1 
 
- 32 - 
 
  ▼B 
Article 20  
 
Disclosure 
 
1. The complainants, importers and exporters and their representative associations, and 
representatives of the exporting country, may re quest disclosure of the details underlying the 
essential facts and considerations on the basis of which provisional measures have been imposed. 
Requests for such disclosure shall be made in writing immediately following the imposition of provisional measures, and the disclosure shall be ma de in writing as soon as possible thereafter.  
 
2. The parties mentioned in paragraph 1 may request final disclosure of the essential facts and considerations on the basis of which it is intended to recommend the imposition of definitive measures, or the termination of an investigation or proceedings without the imposition of 
measures, particular attention being paid to the disclosure of any facts or considerations which are 
different from those used for any provisional measures.   
3. Requests for final disclosure, as defined in paragraph 2, shall be addressed to the 
Commission in writing and be received, in cases where a provisional duty has been applied, no later than one month after publication of the imposi tion of that duty. Where a provisional duty has 
not been applied, parties shall be provided with an opportunity to request final disclosure within 
time-limits set by the Commission.  4. Final disclosure shall be given in writing. It shall be made, due regard being had to the 
protection of confidential information, as soon as possible and, normally, no later than one month 
prior to a definitive decision or the submission by the Commission of any proposal for final action pursuant to Article 9. Where the Commission is not in a position to disclose certain facts or 
considerations at that time, these shall be disclos ed as soon as possible thereafter. Disclosure shall 
not prejudice any subsequent decision which may be taken by the Commission or the Council but where such decision is based on any different fact s and considerations, these shall be disclosed as 
soon as possible.  
 5. Representations made after final disclosure is given shall be taken into consideration only if received within a period to be set by the Commission in each case, which shall be at least 10 days, 
due consideration being given to the urgency of the matter.  
 
Article 21  
 
Community interest 
 
1. A determination as to whether the Community interest calls for intervention shall be based 
on an appreciation of all the various interests taken as a whole, including the interests of the domestic industry and users and consumers, and a determination pursuant to this Article shall only be made where all parties have been given the o pportunity to make their views known pursuant to 
paragraph 2. In such an examination, the need to eliminate the trade distorting effects of injurious 
dumping and to restore effective competition shall be given special consideration. Measures, as determined on the basis of the dumping and injury found, may not be applied where the 
authorities, on the basis of all the information submitted, can clearly conclude that it is not in the 
Community interest to apply such measures.  
2. In order to provide a sound basis on which the authorities can take account of all views and 
information in the decision as to whether or not the imposition of measures is in the Community interest, the complainants, importers and their representative associations, representative users and representative consumer organisations may, within the time-limits specified in the notice of 
initiation of the anti-dumping investigation, make themselves known and provide information to 
the Commission. Such information, or appropriate summaries thereof, shall be made available to the other parties specified in this Article, and they shall be entitled to respond to such information.  
 
3. The parties which have acted in conformity with paragraph 2 may request a hearing. Such 
requests shall be granted when they are submitte d within the time-limits set in paragraph 2, and 
when they set out the reasons, in terms of th e Community interest, why the parties should be 
heard. G/ADP/N/1/EU/1/Rev.1 
 
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4. The parties which have acted in conformity with paragraph 2 may provide comments on the application of any provisional duties imposed. Such comments shall be received within one month 
of the application of such measures if they are to be taken into account and they, or appropriate 
summaries thereof, shall be made available to other parties who shall be entitled to respond to such comments.  
 
5. The Commission shall examine the information which is properly submitted and the extent to which it is representative and the results of such analysis, together with an opinion on its 
merits, shall be transmitted to the Advisory Co mmittee. The balance of views expressed in the 
Committee shall be taken into account by the Commission in any proposal made pursuant to Article 9.  
6. The parties which have acted in conformity with paragraph 2 may request the facts and 
considerations on which final decisions are likely to be taken to be made available to them. Such information shall be made available to the extent possible and without prejudice to any 
subsequent decision taken by the Commission or the Council.  
 7. Information shall only be taken into account where it is supported by actual evidence which 
substantiates its validity. 
 G/ADP/N/1/EU/1/Rev.1 
 
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Article 22 
 
Final provisions 
 
This Regulation shall not preclude the application of:  
a. any special rules laid down in agreements concluded between the Community and third 
countries;  
b. the Community Regulations in the agricultural sector and Council Regulation (EC) No 
3448/93 of 6 December 1993 laying down the trade arrangements applicable to certain 
goods resulting from the processing of agricultural products1, Council Regulation (EC) No 
1667/2006 of 7 November 2006 on glucose and lactose2 and Council Regulation (EEC) 
No 2783/75 of the Council of 29 October 19 75 on the common system of trade for 
ovalbumin and lactalbumin3. This Regulation shall operate by way of complement to 
those Regulations and in derogation from any provisions thereof which preclude the application of anti-dumping duties;
 
c. special measures, provided that such action does not run counter to obligations pursuant 
to the GATT. 
Article 23 
 
Repeal 
 
Regulation (EC) No 384/96 is repealed.  
 
However, the repeal of Regulation (EC) No 384/96  shall not prejudice the validity of proceedings 
initiated thereunder.  
 
References to the repealed Regulation shall be cons trued as references to this Regulation and shall 
be read in accordance with the correlation table in Annex II.  
 
Article 24  
 
Entry into force 
 
This Regulation shall enter into force on the twentieth day following its publication in the Official 
Journal of the European Union .  
 
This Regulation shall be binding in its entirety and directly applicable in all Member States. 
                                               
1 OJ L 318, 20.12.1993, p. 18.  
2 OJ L 312, 11.11.2006, p. 1.  
3 OJ L 282, 1.11.1975, p. 104.  G/ADP/N/1/EU/1/Rev.1 
 
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ANNEX I  
REPEALED REGULATION WITH LIST OF ITS SUCCESSIVE AMENDMENTS 
 
Council Regulation (EC) No 384/96 (OJ L 56, 6.3.1996, p. 1)   Council Regulation (EC) No 2331/96 (OJ L 317, 6.12.1996, p. 1)  
 
Council Regulation (EC) No 905/98 (OJ L 128, 30.4.1998, p. 18)   Council Regulation (EC) No 2238/2000 
(OJ L 257, 11.10.2000, p. 2)  
 Council Regulation (EC) No 1972/2002 (OJ L 305, 7.11.2002, p. 1)   Council Regulation (EC) No 461/2004  Article 1 
(OJ L 77, 13.3.2004, p. 12)   Article 3, only as regards the reference 
to Regulation (EC) No 384/96.  
 Council Regulation (EC) No 2117/2005 (OJ L 340, 23.12.2005, p. 17)  
 G/ADP/N/1/EU/1/Rev.1 
 
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ANNEX II  
CORRELATION TABLE 
 
Regulation (EC) No 384/96 This Regulation 
Article 1 Article 1 
Article 2(1) Article 2(1) 
Article 2(2)  Article 2(2)  
Article 2(3), first sentence  Article 2(3), first subparagraph  
Article 2(3), second sentence  Ar ticle 2(3), second subparagraph  
Article 2(4)  Article 2(4)  
Article 2(5), first sentence  Article 2(5), first subparagraph  
Article 2(5), second sentence  Ar ticle 2(5), second subparagraph  
Article 2(5), second and third subparagraphs  Articl e 2(5), third and fourth subparagraphs  
Article 2(6) to (9)  Article 2(6) to (9)  
Article 2(10)(a) to (h)  Article 2(10)(a) to (h)  
Article 2(10)(i) first sentence  Ar ticle 2(10)(i), first subparagraph  
Article 2(10)(i) second sentence  Article 2(10)(i), second subparagraph  
Article 2(10)(j) and (k)  Article 2(10)(j) and (k)  
Article 2(11) and (12)  Article 2(11) and (12)  
Article 3(1)  Article 3(1)  
Article 3(2)  Article 3(2), introductory wording and points (a) and (b)  
Article 3(3)  Article 3(3)  
Article 3(4)  Article 3(4), introductory wording and points (a) and (b)  
Article 3(5) to (9)  Article 3(5) to (9)  
Article 4(1), introductory wording  Article 4(1), introductory wording  
Article 4(1)(a)  Article 4(1)(a)  
Article 4(1)(b)  Article 4(1)(b), introductory wording and points (i) and 
(ii)  
 
▼C1 
 
—  Article 4(2), second subparagraph  
Article 4(3) and (4)  Article 4(3) and (4)  
Articles 5 to 17  Articles 5 to 17  
Article 18(1) to (4)  Article 18(1) to (4)  
Article 18(5) first sentence  Ar ticle 18(5) first subparagraph  
Article 18(5) second sentence  Article 18(5) second subparagraph 
Article 18(6)  Article 18(6)  
Articles 19 to 22  Articles 19 to 22  
Article 23  —  
—  Article 23  
 
▼B 
 
Article 24, first paragraph  Article 24  
Article 24, second paragraph  —  
—  Annex I  
—  Annex II  
 
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