Advisory services for lawyers on anti-dumping duties, the avoidance of additional payments and representation vis-à-vis the German and European authorities
As Antidumping lawyer we advise and represent companies, manufacturers or importers in the defence against anti-dumping duties and countervailing duties. We are examining whether a duty against dumping has rightly been imposed on imports and, if necessary, we are attacking the imposition of this additional duty.
Customs often also initiate investigations because they assume criminal behaviour. This is almost always the case when a company has not paid all the duties on its own or the declaration was wrong. We will also assist you as a lawyer in the event of a fine or criminal proceeding for non-payment of anti-dumping duties.
bold]If you have any questions about anti-dumping, reimbursement, remission or criminal proceedings, please do not hesitate to contact us at any time. You can reach us by telephone Mon – Fri from 09:00 – 18:00 o’clock under 040 / 369615-0.
Comprehensive advice on anti-dumping duties
Our anti-dumping lawyers have helped a wide range of industries and products. For example, we deal with
- Anti-dumping duties on porcelain and ceramics from China
- Anti-dumping duties on Solar modules
- Anti-dumping duties on e-bikes and pedelecs from China
- Antidunping duties on bicycles and essential bicycle parts from China
- Cast iron goods
Determination of anti-dumping duties by the EU
The EU can impose so-called anti-dumping duties. This is always possible if the normal price of the goods is higher than the price at which the goods are sold in the EU. This is done by using more comparable prices of a like product or by establishing the cost of production in the country of origin.
Dumping occurs when a company charges much lower prices for its products than its competitors and thus pursues the goal of eliminating the competition.
In such cases, the European Commission initiates an anti-dumping investigation procedure and verifies whether Dumping is actually present. Companies concerned can intervene at this stage of the procedure.
However, the deadlines for participation are often very short. In practice, therefore, these have usually already expired if the company learns at all that an anti-dumping duty is to be imposed. This leaves only the possibility to intervene in the subsequent imports and to attack the anti-dumping duties.
Antidumping – companies have to react
When anti-dumping duties are imposed by the European Union, companies often face major challenges. The anti-dumping duties suddenly increase import costs. Some of these price increases cannot be passed on to customers, or at least they jeopardise the margins that the company achieves with its products.
“In the past, we have repeatedly advocated for companies whose business was suddenly threatened by the introduction of anti-dumping duties.”
Companies should therefore take a timely position against anti-dumping duties. If this is no longer possible, it should in any case be examined on a case-by-case basis whether an economically viable solution can be found. It must also be examined whether the anti-dumping duties are legally permissible.
Therefore, the main risks of anti-dumping duties are as follows
- threatening post-clearance surveys of duties
- Initiation of criminal proceedings for tax evasion
- unfit “attempts at circumvention” which are not recognised by the main customs offices
- distribution of import prices and questioning of own business model
Such punitive tariffs can affect any industry. The solar industry was particularly affected. The level of anti-dumping duties imposed on solar modules was not negligible. But also pallet trucks, textiles or iron screws have been subject to anti-dumping duties in the past.
Drawback and remission of anti-dumping duties
For our clients, we are always committed to achieving a decree on anti-dumping duties. Then the levies no longer have to be paid at all. This is the case when the anti-dumping duty was wrongly imposed by the customs authorities. Since customs duties are normally due and payable immediately, it is often necessary to apply for provisional legal protection. Otherwise, the company can quickly run into liquidity problems.
If the duties have already been paid, our lawyers will check whether the anti-dumping duties can be refunded. We will then prepare the necessary applications for you.
evasion of anti-dumping duties is punishable
Companies should ensure that illegal avoidance or evasion of anti-dumping duties is often a offence. In many cases there are ideas from companies on how these tariffs are circumvented. For this purpose, goods are declared under incorrect tariff numbers or the origin of the goods is concealed. Such designs are usually inadmissible. The Customs Investigation Office then usually investigates the parties involved and the management. In these cases, a lawyer specialising in anti-dumping should intervene in order to refute the accusations if necessary.
Advisory services to lawyers on anti-dumping law
O&W’s attorneys have already handled numerous mandates in the field of anti-dumping law. A selection of our past and current projects can be found here. For more information please click on the headline.
Doubtful Indications of Origin of Solar Modules
In the case of imported solar modules, customs doubted the origin of the goods and suspected that they actually came from China. This would have resulted in anti-dumping duties which almost threatened the existence of the company. O&W discussed a suspension of enforcement and conducted the appeal procedure.
Anti-dumping on pallet trucks from China
Assistance to a company which wanted to import Chinese pallet trucks which were subject to an anti-dumping duty.
Anti-dumping on screws from Asia
Representation of a company importing screws from Asia. clarification of questions concerning the classification of the product under the correct tariff heading and binding tariff information, since in other EU countries the classification has been made in such a way that no anti-dumping is incurred.
Solar modules from China
Ongoing support of numerous companies with regard to the import of solar modules originating in China and the related levying of anti-dumping duties. Clarify issues relating to Undertakings and Export Certificates.
Anti-dumping on solar glass
Advising a medium-sized company on the imposition of anti-dumping duties on solar glass and clarifying whether the imported product falls under the product definition of the anti-dumping regulation.
Wrong Investigation Method Leads to Anti-Dumping
Advising a company that suddenly had to pay anti-dumping duty on its products because the duty had wrongly investigated the product and accordingly tariffed it. In the opposition proceedings, O&W was able to enforce the repeal of the anti-dumping duties and the use of the correct examination method.
And how can we help you? Our lawyers for anti-dumping law are at your disposal at any time. Send us an e-mail or call us at 040 / 369615-0 without obligation.