A model case for consideration of joint applications for anti-dumping duty measures.
Oct 28, 2020
The Ministry of Economy, Trade and Industry (METI) released a “Model Case for Consideration of Joint Application for Anti-Dumping Measures” to assist Japanese businesses considering a joint application for anti-dumping measures in communicating and sharing information with competitors in a compliant manner.
1. Background and Purpose
The joint application for anti-dumping measures or collective application by multiple businesses or trade associations has been pointed out by some domestic businesses and trade associations considering the application that such issues have a dissuasive effect on the application, such as the cost of coordination between businesses for decision-making and compliance concerns regarding the exchange of information regarding prices and revenues for the application.
For this reason, the Ministry of Economy, Trade, and Industry (METI) held a Study Group on Promoting the Utilization of Joint Applications and Group Applications for Anti-Dumping Measures consisting of academic experts in trade and competition law and lawyers who have experience in filing AD applications and discussed issues in filing joint applications and group applications for AD measures. Based on the discussions at the workshop, the Ministry of Economy, Trade and Industry (METI) developed “Model Cases for Consideration of Joint Application for Anti-Dumping Measures”.
2. Details of the model case
This model case was created based on issues at the application review stage that were raised by applicants in past joint applications and group applications for AD measures, and the model case summarizes solutions and ideas based on examples of practical responses and expert opinions.
It is hoped that the model cases will serve as a reference for domestic businesses and trade associations considering applications for AD measures to help them solve their problems and actively consider the use of AD measures.