As lawyer with special knowledge in the field of anti-dumping legislation we advise and act for enterprises, manufacturers and importers to avert antidumping duties and countervailing duties. We check whether duties against dumping were levied rightly for the import and in case of need we attack the levying of these additional charges.
Often investigations are instituted by the customs authorities because they only suppose that an offence was committed. This is practically always the case if not all the duties were paid by the enterprise spontaneously or if the declaration was wrong. We can also assist you in case of penalty proceedings or criminal proceedings due to unpaid anti-dumping duties.
“In the past we again and again supported enterprises whose business suddenly was endangered by the levy of anti-dumping duties.” – Dr. Tristan Wegner, Lawyer
Determination of anti-dumping duties by the EU
The EU can put into force so-called anti-dumping duties. This is possible in case the normal price of the goods is higher than the price to which the goods are sold in the EU. In this connection comparable prices of comparable goods are used as an example or the producing costs in the country of origin are ascertained.
We can speak of dumping as soon as an enterprise is demanding much lower prices for its products as its competitors and is trying to eliminate competitors in this way.
In such cases the European Commission starts anti-dumping investigations and examines whether there is question of dumping. The concerned enterprises can intervene in this initial stage already.
Time limits for interventions, however, often are very short and mostly time expired already when the enterprise is informed that anti-dumping duties are going to be levied. In that case you only have the possibility to intervene for other later imports and you have to attack the anti-dumping duties.
Anti-dumping: enterprises have to react
If anti-dumping duties are prescribed by the European Union, this often means an important economic challenge for the enterprises in question. On account of anti-dumping duties the costs for the import are increasing abruptly. It is not always possible to pass on these price increases to the customer and so they in any case endanger the margins gained by the enterprise with its products.
Enterprises, therefore, should intervene in time when anti-dumping duties are in question. If this is not possibly anymore, it should be ascertained in every single case whether a solution can be found which still can be supported economically. You should also verify whether the anti-dumping duties are legitimate.
The main dangers of the anti-dumping duties therefore are:
- menacing subsequent levy of duties
- criminal proceedings on account of tax fraud
- unsuitable attempts of evasion which are not acknowledged by the main customs offices
- raises of your import prices casting doubts upon the own business model.
Penal duties can be imposed in every field of business. In particular the solar business was affected in the past as anti-dumping duties in considerable amounts were raised for solar panels. But also for pallet trucks, textiles or iron screws anti-dumping duties have been levied in the past.
Reimbursement and remitting of anti-dumping duties
We always try to obtain a remitting of anti-dumping duties for our clients. In the event no duties have to be paid anymore. This is the case if the customs wrongfully determined that duties are to be paid. As such duties normally are due and to be paid immediately, often also a provisional protection has to be requested. Otherwise the liquidity of the enterprise can be endangered quickly.
Should you have paid the duties already, you can ask us to check whether the anti-dumping duties can be reimbursed. We then would prepare the necessary submissions on your behalf.
To evade anti-dumping duties is liable to prosecution
Enterprises have to be aware that an illegal avoidance or evasion of anti-dumping duties often is a criminal offence. Enterprises obviously know a lot of ways to avoid such duties. Often goods are declared under wrong tariff numbers or the origin of the goods is concealed. Such constructions mostly are illegal which means that the enterprises have to take into account that in such cases the customs investigating office will make investigations on the participants and the managers of the company. In those cases you need a lawyer specialized in the field of anti-dumping to be able to reject the reproach, if possible.Can we be of assistance? Our lawyers specialized in anti-dumping rules are pleased to assist you anytime. Please send an e-mail or contact us by phone for a first non-binding information under +49 40 369615-0.