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Need Protection Against Unfair Imports?

Read this blog entry to explore your options to fight against unfair foreign trade practices


We wrote this blog because we have received many e-mails and calls about companies being affected by unfair trade practices and the dumping of low-priced, subsidized goods from other countries.


So, let me ask you, are you concerned that certain countries are flooding the world with low-cost goods, hurting your own manufacturing industry?


These countries appear to intentionally depreciate their currencies and sell items to your country for less than it costs us to manufacture them.


Isn't it time we stood up to these unfair commercial practices?


Yes! Companies and individuals from all over the world are affected by unfair trade practices and dumping. The purpose of this article is to explain how these practices work, and how everyone can fight back against them.


Problem Dumping. Solution Anti-Dumping Duty (ADD)


Dumping is the situation where something (most common goods, but in principle, it can be services or anything else) is exported at a price lower than that charged in the home market. Anti-dumping duty takes care of this unfair practice, that hurts producers and consumers alike in domestic markets.


Share examples of ADD...


Some prominent ADD cases include an anti-dumping duty

  • .....on bicycles and certain bicycle parts originating in China

  • ....on ammonium nitrate originating in the Russian Federation

  • ....on continuous filament glass fibre products originating in Egypt

  • ....on ironing boards originating in China

  • ...certain cold-rolled flat steel products originating in China and the Russian Federation

There are many more examples. Take a look at our expert blog entries that our Customs Managers and Global Trade Expert write. They describe details of cases from several jurisdictions. This will allow you to study actual live cases. Visit the dedicated section of the Expert Blog here.


As an example, consult the live cases of the UK Trade Remedies Authority here:


How to fight back when affected by unreasonable dumping

Governments have processes in place to assist businesses in protecting their jobs from unfair trade practices and dumping. The UK Trade Remedies Authority (TRA), for example, investigates complaints from UK companies alleging damage from unfair import practices such as dumping and subsidies.


The TRA will investigate claims of unfair commercial practices and unanticipated import increases made by UK sectors. This is the European Commission in the EU.


These agencies will conduct comprehensive and unbiased evidence analysis to evaluate any cases of dumping and subsidised imports. They will argue for the implementation of additional trade remedy measures, such as tariffs, when appropriate, to safeguard producers who have been harmed by unfair business activities.


Yes, YOU TOO can submit a case to your authority to get help

We help businesses to request studies on the need for new trade remedies.

But let's be honest, too. Trade remedy investigations are time-consuming and difficult processes. Authorities need to request and evaluate a large amount of information. So the first step is to discuss with us (your dedicated Customs Manager) the best path for you and your company - before applying.


Prerequisites to launch an inquiry

We can help you weather the impact of anti-dumping duties. In order for authorities to accept an application and begin an inquiry, a certain amount of requirements needs to be fulfilled, for example:

  • It must be lodged by or on behalf of national industry manufacturing items similar to the imports being reviewed,

  • Has the applicant/industry sufficient market share to affect the country?

  • It is supported by the national industry association

  • It comprises as much information as is reasonably accessible.

Please contact us so that we may review your application. If your case is not adequately documented, is incomplete, or contains errors, it should not be formally filed. Let's collaborate on a fantastic file.


What's needed?

As previously stated, you need adequate evidence. This can cover, for example:


  • a description of the imported items covered by your application, including their:

  • technical specifications

  • tariff classification

  • information on all known national companies and organisations of national producers of comparable items

  • the amount of industry support for or resistance

  • the total volume and value of similar commodities produced in-country

  • the volume and value of production in the UK of similar commodities generated by the national industry that makes the application

  • each business, which supports or opposes the proposal

  • facts demonstrating that the market share requirement


What comes next?

We will formally submit your application to the authorities after you have a well-documented application. Typically, this comes after the authorities' evaluation process, which includes a thorough critical examination of your evidence. We will remain by your side to provide assistance and advice once it has been submitted to the authorities' case management system. If your application meets the conditions for them to commence an investigation, they will do so. If the authority is successful, it will be able to impose ADD on the items under investigation.


Takeaway

Unfair trade practices can and should be challenged. Submitting a claim is difficult; it needs documentation in the form of paperwork and various certificates indicating that what you say is true. That is why you must be really organised. Without being well-organized, the prospects of the Anti-Dumping Duty appeal yielding favourable results are small.


How can we help

We are here to help you if you need to file an anti-dumping duty request or response. We have a team of experts that can assist you in navigating the complexity of the anti-dumping duty procedure. We also provide Anti-dumping Duty training and can assist you in preparing for a meeting with your lawyer or other experts who need to know what is going on. Why not arrange a meeting with your dedicated Customs Manager to discuss your needs?



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