G/ADP/Q1/EU/9  
G/SCM/Q1/EU/9  
 
3 October  2018 
(18-6082) Page: 1/2 
Committee on Anti -Dumping Practices  
Committee on Subsidies and Countervailing Measures  Original: English  
 
NOTIFICATION OF LAWS  AND REGULATIONS UND ER 
ARTICLE S 18.5 AND 32.6 OF THE AGREEMENT S 
QUEST IONS POSED BY THE UNITED STATES  REGARDING  
THE NOTIFICATION OF THE EUROPEAN UNION1 
The following communication, dated 28 September 2018, is being circulated at the request of the 
Delegation of the United States . 
 
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The United States thanks the Eurpean Union for its 22 June 2018 notification of 
Regulation  (EU) 2018/825 of the European Parliament and the Council of 30 May 2018, which 
amends both: (1) Council Regulation (EC) No 2016/1036 on protection against dumped imports from 
countries not members of the European Union (Amended AD Regulation); and (2) Council 
Regulation  (EC) No 2016/1037 on protection against subsidised imports from countries not membe rs 
of the European Union  (Amended CVD Regulation), and poses the following questions:  
 
Question 1  
 
In the amendment to Article 7, with regard to the determination of an injury margin calculated on 
the basis of a target price, the amended anti -dumping and countervailing duty regulations note that, 
"the target profit used shall be established taking into account factors such as the level of profitability 
before the increase of imports from the country under investigation, the level of profitability needed 
to cover full costs and investments, research and development (R&D) and innovation, and the level 
of profitability to be expected under normal conditions of competition. Such profit margin shall not 
be lower than 6% ". Please explain how the minimum profit margin of 6% was established.  
 
Question 2  
 
The notification indicates that Articles 11(5) of the AD re gulati on and 18(1) of the Amended 
CVD Regulation are amended to include a new subparagraph as follows:  
 
If, following an investigation pursuant to paragraph 2, the measure expires, any duties 
collected from the date of the initiation of such investigation  on goods that were 
customs -cleared shall be repaid provided that this is requested from national customs 
authorities and granted by those authorities in accordance with the applicable Union 
customs legislation concerning repayment and remission of duty. S uch repayment shall 
not give rise to the payment of interest by the national customs authorities concerned.  
Please explain whether national customs authorities have the right to refuse a request for refunds 
of duties as described in this provision or if th ey are required to grant all such properly filed requests . 
Please also explain where interested parties can find the procedures for applying for such refunds 
from the relevant national customs authorities .  
 
                                                
1 G/ADP/N/1/EU/3/Suppl.3 -G/SCM/N/1/EU/2/Suppl.3 (dated 2 July 2018). For the sake of efficiency, 
the United States suggests that committee review for these questions be conducted in the Committee on Anti -
Dumping Practices.  G/ADP/Q1/EU/9 • G/SCM/Q1/EU/9  
 
- 2 - 
 
  Question 3  
 
Articles 14 of the Amended AD Regula tion and 24 of the Amended CVD Regulation state that, when 
initiating an investigation, the Commission shall create TARIC codes corresponding to the product 
under investigation, and that Member States shall use those TARIC codes in order to report on 
impor ts of the product under investigation as of the initiation of the investigation .  
 
Please explain whether these created TARIC codes are eliminated following the termination of an 
investigation or measure for which they were created . Please also explain whether these codes can 
be used for purposes other than the monthly report by Member States to the Commission on the 
import trade in products subject to investigation and the amount of AD duties collected . If so, please 
list those other purposes .  
 
Questio n 4  
 
New Articles 19a of the Amended AD Regulation and 29a of the Amended CVD Regulation describe 
the parties that may request information on the planned imposition of provisional duties three weeks 
prior to their imposition . The article also notes that d ue account shall be taken of the need to protect 
confidential information . Please explain whether information shared with interested parties regarding 
the planned imposition of provisional duties that is not subject to confidential treatment is restricted 
under any other authority or if it may be released by the interested parties to other entities or the 
public .  
 
Question 5  
 
A number of amendments refer to the potential use of sampling when examining the domestic 
industry . What would the Commission consid er to be a large enough portion of domestic producers 
to warrant the use of sampling?   
 
Question 6  
 
With regard to sampling, how will the Commission ensure that any sample of a domestic industry is 
representative of domestic producers as a whole if partie s voluntarily opt out of the sample, by either 
not consenting to their inclusion, not making themselves known, or not making sufficient information 
available within one week of initiation?  
 
 
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