Sin categoría
THE EUROPEAN COMMISSION DOES NOT APPLY RETROACTIVE EFFECT TO THE ANTI-DUMPING MEASURES OF THE ASIAN TIRES
August 13, 2018 - Sin categoría
The European Commission, in the initial investigation file opened by the Anti-Dumping Commission of imports of bus and truck tires from Asia, issued a decision that it was agreed not to retroactively apply anti-dumping measures. In its resolution, the Commission argues its decision having found that, according to the most recent data, there was no substantial increase in imports compared to the level of imports during the investigation period.
In this way, it includes one of the allegations that ADINE formalized when it was filed by the Commission following the adoption of the provisional measures. ADINE argued that the circumstances foreseen in the Regulation for the adoption of the measures were not retroactive, since it had been found that the volume of imports from Asia had not increased. In addition, the Commission has corrected downwards the anti-dumping rates initially fixed in the provisional measures, considering that there is a segmentation of the Union market at three levels, and that the Provisional Regulation presented exhaustive analyzes and data by segment.
However, the approach used in the interim phase, of a profit objective for all levels, had the effect of overprotecting the Union producers of the dumped imports of level 3 tires, which could not reach the objective benefit stipulated for the industry as a whole. Therefore, the need to use the profitability of each level was demonstrated, in order to calculate the non-injurious price and the margin of injury for an adequate application of the rule. That is why the Commission has considered it more appropriate to establish the “objective” benefits by level, in this particular case, because the form of the measures is a fixed duty per tire, which in turn is based on a margin of damage derived from a control number of the product by level.
