332 / 342
GAZETTE
SEPTEMBER 1987
against "the illicit commercial
practices" of third countries
in the context of GATT.
Determining the incidence
of Anti-Dumping
The Regulation is the basic
instrument on the protection
against dumped or subsidised
imports from countries outside the
E.C. The preamble places the
Regulation firmly in an international
context, stating that the anti-
dumping rules "are adopted in
accordance
wi th
existing
international
obligations
in
particular those arising from Article
VI of the General Agreement on
Tarrifs and Trade."
In order to proceed to anti-
dumping the Community must
satisfy itself of:
(a) The existence of Dumping;
(b) The existence of an Injury;
(c) The existence of a Community
Interest e.g. serious threat to
a Community
industry,
requiring intervention.
(a) The existence of Dumping
The Regulation, article 2 states:
" A
product
shall
be
considered to have been
dumped if its export price to
the Community is less than
the normal value of the like
product."
A reading of the article indicates
that four matters have to be
established in order to determine
that dumping has taken place: (1)
The determination of normal value;
(2) the determination of export
price; (3) the comparison of normal
value and export price; (4) the
assessment of the dumping
margin. These criteria can often be
measured wi t hout too much
difficulty when dealing wi th
products from say Japan.
However, problems can arise
where products from a non-market
economy,
e.g.
Poland
or
Czechoslovakia are concerned.
(b) The Existence of Injury
Article 4 ssl of the Regulation
states:
"determination of injury shall
be made only if the dumped
or subsidised imports are
through the e f f ec ts of
dumping or subsidisation
causing injury i.e. causing or
threatening to cause material
injury to an established
Community industry or material
retarding the establishment of
such an industry."
In his opinion to the Court in the
Ball Bearings
case [1979] ECR
1212, Advocate General Wannt
stated that " I n j u r y " is an
"economic question not readily
open to judicial review".
(c) The Existence of e
Community Interest
The Commission "Guide to the
European Communities Anti-
dumping and Countervailing
Legislation states at article 12:
"Community interest may
cover a wide range of factors
but the most important are
the interest of consumers and
processors of the imported
product and the need to have
regard to the competitive
situation within the Community
market."
Article 13 of the Regulation
Article 13ssl states:
"anti-dumping or counter-
vailing duties
whether
provisional or definitive shall
be imposed by regulation."
Sub-section 4 (a) stipulates
that
"Anti-dumping and counter-
vailing duties shall be neither
imposed nor increased with
retroactive effect
(writer's
emphasis).
However, ss 4 (b) does empower
the Council in certain circumstances
e.g. where there is a history of
dumping, sporadic dumping, where
"injury which is difficult to repair
is caused by massive imports in a
relatively short time", or "in the
case
of
violation
of
an
undertaking".
Regulation
1761 / 87
has
extended the scope of Article 13
by introducing a new sub-section
10. Paragraph 10 (a) stipulates that
" de f i n i t i ve anti-dumping
duties may be imposed by
way of derogation from the
second
sentence
of
paragraph 4 (a) on products
that are introduced into the
commerce of the Community
after having been assembled
or produced in the Community
(writer's emphasis) provided
that assembly or production
is carried out by a
party
which
is
related or associated
to any
of the manufacturers
whose
exports of the like product are
subject to a definitive anti-
dumping
duty
(writer's
emphasis), the assembly or
production operation was
started
or
substantially
increased
(writer's emphasis)
after the opening of the anti-
dumping investigation, the
value of parts or materials
used in the assembly or
production operation and
originating in the country of
exportation of the product
subject to the anti-dumping
duty exceeds the value of all
other parts or materials used
by at least 50%."
THE SIMON COMMUNITY
helps the homeless in Dublin, Cork, Dundalk and Galway. Services
provided include soup-run, shelter, visiting, and residential homes.
You can help by giving a donation, supporting our shops (we take
clothes, shoes, household items, books), or by becoming a
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DUBLIN 1
Phone: 711606
322