Are EU anti-dumping duties applicable to my Dutch export of steel components from China?

Thank you for your inquiry. As a Netherlands-based business importing steel components from China and selling to EU buyers, you're navigating a complex area of trade law. I'm happy to explain how this works.

How are anti-dumping duties calculated?
EU anti-dumping duties are imposed when products are placed on the EU market below their 'normal value', thereby harming European producers. The European Commission calculates anti-dumping duties based on:
1) The dumping margin: the difference between the normal value (often the price in the exporter's home market) and the export price to the EU
2) The injury margin: the extent to which EU producers are being harmed

The actual duty is usually the lower of these two (the 'lesser duty rule'). For steel products from China, substantial duties often apply, ranging from 15% to sometimes over 60%, depending on the specific product and manufacturer.

Who pays these duties?
As the importer, you are responsible for paying anti-dumping duties to customs when the goods enter the EU. Even though you sell the products onward to other EU customers, the levy occurs at the first entry into the Union's customs territory. This directly impacts your cost price and competitive position.

Are there exemptions or appeal possibilities?
Yes, several options exist:
1. Market Economy Treatment (MET): Chinese manufacturers can apply to be treated as 'market economy operators', which often results in lower duties. If your Chinese supplier has this status, you benefit from it.
2. Individual duty rates: Specific manufacturers may be assigned individual, often lower, duty rates. Check whether your supplier falls under this via the TARIC database.
3. Suspension of duties: In some cases, duties can be temporarily suspended if EU producers cannot supply sufficient quantities.
4. Refund procedures: If duties were paid incorrectly or circumstances change, you can request a refund within three years.
5. Legal challenges: You can challenge anti-dumping measures through the European court system, for example if you can demonstrate that:
- The calculation is incorrect
- Your specific situation is unreasonably prejudiced
- Procedural errors were made

Why is professional guidance essential?
Anti-dumping law is highly specialized and the financial stakes are often substantial. Errors in tariff classification, origin determinations, or documentation can lead to additional assessments, penalties, or customs problems with your customers.

How can Law & More assist you?
At Law & More, we have extensive experience with international trade matters and customs issues for entrepreneurs in the Brainport region and beyond. We can support you with:
1) Due diligence of your current import and sales structure
2) Tariff optimization and verification that you're paying the correct duties
3) Appeal procedures against (additional) assessments
4) Contractual protection in your agreements with Chinese suppliers and EU customers
5) Compliance structures to prevent future problems
6) Communication with customs authorities in both Dutch and English

Given the complexity and potential financial impact of anti-dumping duties on your business operations, I recommend having your situation analyzed in detail.

Next step
I'd like to invite you for an appointment to discuss your specific situation. We can then explore whether optimization opportunities exist and how we can best protect your interests.

Kind regards,

Tom Meevis
Attorney-at-Law
Law & More Advocaten

Dear Sir or Madam,

Thank you for your inquiry regarding the possible application of European Union anti-dumping duties to your Dutch import and subsequent export of steel components originating from China.

In order to determine whether EU anti-dumping measures are applicable, it is essential first to identify the correct Harmonized System (HS) or Geharmoniseerde Systeem (GS) code for the products concerned. This is an internationally standardized classification code used in connection with the import and export of goods. The correct product classification is decisive for establishing whether additional trade defence measures, authorisation requirements, or certification obligations apply.

Once the correct code has been identified, the applicable customs measures, including any anti-dumping duties, can be verified.

I trust this provides you with sufficient clarity for the time being. Should you require any further assistance or wish to discuss the matter in more detail, please do not hesitate to contact me.

Kind regards,
Sidney Tax
Juridisch medewerker

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