Anti-dumping measures
Imposition of provisional anti-dumping duties
Provisional duties may be imposed if a provisional affirmative determination has been made of dumping and injury, and if the Community interest calls for immediate intervention to prevent such injury.
The amount of the duty must not exceed the margin of dumping,billige MBT Schuhe, and it should be less than the margin if such lesser duty would be sufficient to remove the injury.
The duties must be imposed no more than nine months after the initiation of the proceeding. They are normally imposed for a period of six months.
These duties are imposed by the Commission, after consultation of the Committee or,hogan, in cases of extreme urgency, after informing the Member States. The Commission informs the Council and the Member States of these provisional measures. The Council may decide to take a different course of action.
Imposition of definitive anti-dumping duties
Where the facts as finally established show that there is dumping and injury caused thereby, and the Community interest calls for intervention,chaussures christian louboutin, a definitive anti-dumping duty is imposed by the Council.
As with the provisional measures,Christian Louboutin, the definitive duty may not exceed the dumping margin and should be less than the margin if it would be adequate to remove the injury.
The duty must be imposed on a non-discriminatory basis on imports of a product found to be dumped and causing injury. The regulation imposing the duty specifies the amount of duty applied to each supplier or, if that is impracticable, to the supplying country concerned.
Provisional and definitive duties may not be applied retroactively. However,scarpe hogan, a definitive duty may be levied on products which were entered for consumption not more than 90 days prior to the date of application of the provisional measures.
Community interest
Anti-dumping measures may not be applied if it is concluded that their imposition is not in the Community interest. To this end, all the various interests are taken into account as a whole,mbt schuhe, including the interests of the Community industry and of the users and consumers. All the parties concerned are given the opportunity to make their views known.
Duration and Review
The duties shall expire five years after their date of imposition or five years after the conclusion of the review of the measures concerned. This review is carried out on the initiative of the Commission or at the request of the Community producers. The duties shall remain in force during the period of the review.
Refund of duties
Duties collected may be refunded where the importer can show that the dumping margin has been eliminated or reduced to a level below the anti-dumping duty.
The importer must request a refund within six months of the date on which the amount of the definitive duties to be levied was duly determined or within six months of the date on which a decision was made definitively to collect the provisional duties. The application must be submitted via the Member State in which the product was released for free circulation. The Member State shall forward the application to the Commission,christian louboutin france, which comes to a decision after consultation of the Committee.Related articles：
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