How can I challenge anti-dumping duties on Bangladeshi garment exports to the EU and protect my business?
Lawyer Answers
Tobarrak Law Chamber
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.
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