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On January 11, 2010, the official website of the European Union announced a significant update to its anti-dumping regulations. The previous Council Regulation No. 384/96, which had been in place since 1996, was officially replaced by the new Council Regulation No. 1225/2009. This update came into effect on the same day, rendering all prior regulations, including amendments, no longer valid. Over the years, the European Commission had made several revisions to the original 384/96 regulation, but this latest version is essentially a consolidated and updated version of all previous rules.
The new regulation introduces several key changes and additions to the existing framework. For instance, Article 2 (Normal Value) now includes additional guidance on how to adjust costs, particularly in paragraph 2. Additionally, paragraph 7(b) expands the definition of market economy treatment by including Vietnam and Kazakhstan, while removing Russia from the list.
Article 5 of the ninth section (Termination of Investigation and Final Duty) adds five specific criteria for obtaining a separate duty rate. This helps ensure more transparent and fair application of anti-dumping measures. Meanwhile, Article 11 (Review) clarifies and adjusts the time limits for sunset reviews, mid-term reviews, and reviews of new exporters, providing greater clarity and consistency.
Article 12, previously titled “Re-investigation,†has been renamed to “Absorption.†It outlines the procedures for launching an anti-absorption investigation, including the maximum tax rate (not exceeding twice the original rate), decision-making methods (now based on a simple majority), and time limits (set at nine months). These updates aim to streamline the process and reduce potential delays.
In addition, Article 13 (Evasion) specifies the scope of anti-circumvention measures and provides detailed procedures for exemptions. Paragraph 7 of Article 14 (General Provisions) incorporates the European Commission’s right to request information from member states regarding the implementation of these measures, ensuring better oversight.
Finally, Article 8 (No Cooperation) introduces a provision that allows the European Commission to reference world markets or other representative markets when calculating the normal value of uncooperative companies. This ensures that anti-dumping duties are applied fairly even when companies do not cooperate with investigations.
Overall, the new regulation aims to enhance transparency, fairness, and efficiency in the EU's anti-dumping procedures while adapting to evolving economic conditions and international trade dynamics.
July 12, 2025