The Issue: on 3 July 2019, via judgment C-644/17, the European Court of Justice ruled that Regulation 91/2009 imposing anti-dumping measures on imports of iron and steel fasteners from Malaysia as from 27 July 2009 was invalid.
The Effect: this judgment allows EU companies that imported the product from Malaysia before the anti-dumping duties were repealed on 27 February 2016 to claim reimbursement of those duties – provided that, since there is a three year limit for such claims, such claims had been filed prior to 27 February 2019.
The Judgement: the Dutch applicant’s (Eurobolt) claimed that the Commission did not forward relevant information to the Anti-Dumping Committee (of Member State’s representatives) within the required deadline.
However, the Commission has now re-opened the investigation to correct the procedural error it committed. This means that the Commission will reassess the information submitted by Eurobolt (and others) in the original investigation and submit its recommendations to the Advisory Committee of Member States to take a final decision. This will take place by 27 May 2020. Until such time, customs authorities have been instructed to suspend all reimbursement claims.
The Insight: Since the error committed was only procedural, amfori does not expect the decision to change the fact that anti-dumping duties were imposed and therefore fully expects that reimbursement of duties will not, ultimately, be possible.