Inward Processing in EU Anti-Dumping Proceedings

Abstract

The inward processing regime (‘IPR’) allows EU companies to temporarily bring goods into the EU customs territory for processing without releasing them for free circulation on the EU market – and thus without incurring anti-dumping duties. This special situation raises questions on how imports made under the IPR are to be treated in anti-dumping investigations. A survey of the European Commission’s practice on the treatment of imports made under the IPR reveals an inconsistent approach and a lack of reasoning that could explain the sometimes diametrically opposed conclusions drawn from seemingly similar fact patterns. European Union, European Commission, trade defense, anti-dumping, inward processing, inward processing regime, EU anti-dumping law