How can I challenge anti-dumping duties on Bangladeshi garment exports to the EU and protect my business?

To mitigate duties immediately, you must meticulously gather evidence—such as detailed production cost data, audited financial statements, proof of independent pricing, and export documentation—to demonstrate you operate under market economy conditions and are not dumping. This evidence is required for an application for an "interim review" under Article 11 of the EU's Basic Anti-Dumping Regulation (Council Regulation (EU) 2016/1036), or a "newcomer review" under Article 11(4) if you are a new exporter. The key statutory deadlines are found within this regulation: a newcomer review must generally be applied for within one year of the duty imposition, while an interim review investigation itself must typically conclude within 15 months of initiation. For a direct legal challenge, an appeal to the EU General Court must be filed within the strict two-month deadline mandated by Article 263 of the Treaty on the Functioning of the European Union (TFEU), starting from the publication of the duty regulation.

Given the highly specialized nature of these procedures and the short, critical timelines for submissions and comments set by the European Commission's case handlers, engaging a specialized EU trade lawyer is strongly recommended and often essential. They will not only navigate the procedural intricacies of Regulation 2016/1036 and its implementing rules but also expertly handle all submissions and represent you in negotiations. While costs are substantial, this investment is justified to secure a reduced duty rate and restore your competitive position in the EU market. 

Please note: This information is for general guidance only and does not constitute legal advice; you must consult with a qualified legal professional for advice specific to your circumstances.

Bangladesh garment exporters hit by EU anti-dumping duties have two broad options: (1) legally challenge or review the duties, or (2) accept and mitigate their impact. Under EU law, interested parties can ask the European Commission for an interim review (or new exporter review) or appeal the measure in court. Failing that, exporters must pay the duty rate (typically in force for up to 5 years) and seek other remedies. Below we outline both scenarios, with key steps, evidence, timelines, and likely costs.

Option 1: Challenge the Duties (Yes)
- Interim Review (existing exporters): After one year of the measure, any Bangladeshi exporter can request a Commission interim review of the duty (the review must be requested in writing with full reasons and evidence). You must submit detailed data showing your actual costs and prices to prove any lasting change in dumping margin. If the Commission accepts the request, it publishes a Notice of Initiation and issues questionnaires to all parties. The review then proceeds much like the original investigation and must be completed within 15 months.
- New Exporter Review (new exporters): If your company did not export the product during the original investigation, you may request a new-exporter review to obtain your own individual rate. To qualify, you must show you are unrelated to any exporter subject to the measure and are now exporting (or irrevocably contracted to export) a significant quantity to the EU. If granted, the Commission will investigate and set your own dumping margin. (Note: in practice, new-exporter requests are typically filed within the first year of the duty’s imposition.)
- Evidence & Procedure: In either review, you must file in writing and provide prima facie evidence – e.g. cost data to show market-based pricing, proof of independent pricing, or changed circumstances – “stating the reasons for the review and providing sufficient evidence.” In practice this means engaging economists and lawyers to prepare a robust submission. All deadlines are strict: interim/NER requests usually cannot be made until one year after imposition, and the Commission aims to conclude any review in about 15 months.
- Direct Appeal to EU Court: You may also attempt a direct legal challenge of the EU anti-dumping regulation within 2 months of its publication in the Official Journal. Such an appeal (Article 263 TFEU) can seek annulment of the measure, but only certain parties have standing. In particular, exporting producers who cooperated in the investigation generally have standing. (Note that appeals are technically possible but rarely successful without major legal flaws.)
- WTO Dispute Settlement (Bangladesh Government): Separately, as a WTO member Bangladesh can ask the government to request consultations with the EU under the WTO Antidumping Agreement. This is a state‑to‑state remedy (outside your control) and can take years, but it’s an option if you believe the EU violated WTO rules.
- Timelines & Costs: Key deadlines are tight. Interim/NER reviews must be requested promptly (often at the 1-year mark), and once initiated the Commission publishes the investigation and closes it in ~15 months. A court appeal must be filed within two months of the EU measure’s publication. Meeting these deadlines requires immediate action. The entire process is highly technical: preparing cost data and legal briefs, answering questionnaires, and negotiating with EU authorities. Specialized EU trade lawyers are almost essential. Law firms and consultants charge substantial fees (often tens of thousands of euros), but their expertise is generally necessary to handle the complex documentation and strict procedures.
- In practice, exporters often work with Brussels-based trade lawyers to file submissions and represent them in hearings or discussions with the Commission.

Option 2: Accept Duties and Mitigate (No)
- Pay and Absorb or Pass On Duties: If you do not challenge, your exports will be subject to the full duty (often set at a residual country‑wide rate). You will have to pay the duty on each importation into the EU. This cuts deeply into profit margins. You may try to absorb the cost (cut factory margins) or partially pass it on to EU buyers via higher prices – but buyers may resist or switch to other suppliers (e.g. Vietnam, Cambodia, Pakistan). In some cases, exporters are forced to negotiate long-term price cuts to retain EU contracts. Over time, high duties may force you to seek alternative markets or reduce EU shipments.
- Duty Refunds: Even if you accept the duties initially, there is a limited remedy at the EU level. EU importers can request a refund of anti-dumping duties paid (within 6 months of import) if they prove the dumping margin was lower than the rate paid. Such refund requests require full cooperation from you (as exporter) to provide data and attestations. Since 2018 the Commission also allows exporters to request refunds if an expiry review closes without extending the duties. These procedures are one way to recover some funds, but are only open to importers.
- Bangladesh Government Action: With no domestic anti‑dumping law for exports, your best hope outside the EU is to involve the government. You (or your trade association) should alert the Ministry of Commerce and Bangladesh’s trade bodies (e.g. BGMEA) about the duty. They could raise the issue with the EU via diplomatic channels or in WTO forums. For instance, Bangladesh could request WTO consultations on the EU measure (if it believes WTO rules were breached). However, WTO dispute processes are lengthy and require government initiation – they may not yield immediate relief.
- Consequences of “No”: Not challenging avoids legal costs, but it has serious business downsides. You will likely have to shrink or exit the affected EU market unless the duty rate is very low. Over the duty’s 5-year life (typically set by the EU, extendable by expiry review), your competitive position is weakened. Domestically, there is no provision under Bangladesh law to neutralize a foreign anti‑dumping duty; you must deal with it through these external channels.

Summary – Best Approach
- In summary, the best route is usually to challenge or review the duty through EU procedures, despite the complexity and cost. Gathering and submitting full cost/price evidence to the Commission (for an interim or new-exporter review) is often the only direct way to reduce or remove the duty. Likewise, appealing to the EU General Court is an option if you have standing, though the 2‑month deadline and strict legal standards make it difficult. These routes require expert handling: specialized trade lawyers and economists should manage the case filings and negotiations to ensure compliance with EU rules.
- If, on the other hand, you cannot or do not mount a challenge, you must prepare to pay the duties and adjust your business strategy. You should still document your cost data (in case of future refund claims) and coordinate with importers on any refund applications. You may also press the Bangladesh government and industry associations to pursue any possible government‑to‑government remedy. Ultimately, accepting the duties means bearing reduced margins or seeking new markets.
Sources: EU trade-defense guidelines and case law (Basic AD Regulation (EU) 2016/1036, Articles 11, 263 TFEU), and expert analyses of anti-dumping reviews and appeals.