World Trade Organization: Russian anti-dumping measures against Germany and Italy need to be removed

On 27 January 2017, a panel of the World Trade Organization (WTO) published a report (available at the following LINK) which found illegal the Russian anti-dumping measures imposed in May 2013 on the importation from Italy, Germany and Turkey, of light commercial vehicles (sometimes “LCV”) (Case DS479, Russia — Anti-Dumping Duties on Light Commercial Vehicles from Germany and Italy).

The panel agreed with the EU on all procedural claims and recognized many errors with the analysis drawn up by the Russian authorities in order to justify the measures concerned. In fact, Russian authorities, by excluding certain domestic producers from their calculation, based their analysis of the damage on unrealistic figures. Moreover, while assessing the effects of the alleged dumping, the authorities disregarded the overcapacity in the Russian LCV sector, which stood at the time at seven times what was really sold on the Russian market.

The anti-dumping measures at stake concern light commercial vehicles between 2.8 to 3.5 tones in weight, van-type bodies and diesel engines with a cylinder capacity not exceeding 3.000cm3, designed for the transport of cargo of up to two tones or for the combined transport of cargo and passengers.

These measures were adopted by the Eurasian Economic Union and currently apply on imports to all its countries (Armenia, Byelorussia, Kazakhstan, Kirghizstan e Russia), and, once removed, there will be no anti-dumping duty on imports from EU Member States into any of the members of the Eurasian Economic Union.

The case, anyway, concerned Russia in particular, being it, in 2014, the only member of the Eurasian Economic Union bound by the WTO rules.

Each party has 60 days to challenge the WTO decision. Conversely, Russia will have to eliminate the anti-dumping measures on light commercial vehicles imported by the EU.