Anti-dumping investigations are a tool used by the European Commission (‘Commission’) to protect fair competition on the internal market against artificially low-priced imported products. Investigations may result in the imposition of duties if it is found that dumping is taking place, that this dumping is causing injury and that the imposition of duties is in the interest of the European Union (‘EU’). Over the past twelve months, the Commission has launched two new anti-dumping investigations on average per month. The total number of anti-dumping measures is growing rapidly. There are currently 120 definitive anti-dumping measures in force.
Anti-dumping duties usually take effect from the moment the provisional or definitive regulation is published. In certain cases, the Commission may choose to impose the duty retroactively. In practice, retroactive duties raise many questions and often lead to discussions between importers and customers.
Historically, the Commission has been reluctant to apply duties with retroactive effect, but since a policy change in 2024, there has been a noticeable increase. For example, in early 2025, the Commission imposed retroactive anti-dumping duties on Chinese imports of erythritol, ranging from 34.4% to 233.3%, with effect from June 2024. In mid-2025, the Commission imposed retroactive duties on Chinese imports of multilayer wooden flooring. These duties vary between 21.3% and 36.1% and apply retroactively from October 2024.
Anti-dumping investigations
An anti-dumping duty (whether retroactive or not) may be imposed by the Commission following a (provisional) anti-dumping investigation. For more information see our previous blogs here and here. The purpose of an anti-dumping investigation is to determine whether a product from a non-EU country is being exported to the EU at an artificially low price, which could be harmful to the internal market. Four key questions are examined in such an investigation:
- Has dumping occurred;
- Has the European industry suffered significant damage;
- Is this damage the result of the alleged dumping;
- Whether the imposition of duties is contrary to the general interest of the Union.
Retroactive anti-dumping duty
A retroactive anti-dumping duty means that import duties are imposed not only from the official date of entry into force of the (provisional) measure, but also on goods imported before that date. The Commission is authorised to do so under Regulation (EU) 2016/1036 if it is established that imports of the product in question have increased during the investigation and that these imports could undermine the effect of any duties.
By imposing a retroactive duty, the Commission can prevent circumvention by large quantities of the product concerned being exported to the Union between the announcement of the investigation and the entry into force of the (provisional) measures.
The anti-dumping duty may be imposed retroactively on products placed on the market no more than 90 days before the date of entry into force of the provisional measures, but not before the date on which the investigation was initiated. In addition, the following conditions must be met:
- Imports must first be registered, which must be established by regulation;
- In addition, importers must have had the opportunity to make their views on the proposed retroactive duties known to the Commission;
- Furthermore, there must have been a longer period of dumping in the past and importers must be aware (or should reasonably be aware) of both the dumping and the resulting or established damage;
- Finally, there must be a significant increase in imports of the product under investigation which seriously threatens to undermine the recovery that the definitive duty is intended to bring about. Factors such as the timing of the imports, the volume of imports and the specific circumstances of the case are relevant in this regard. In the case of Stemcor and Samac Steel Supplies v European Commission, the Court of Justice emphasised that there must be "massive imports" of the products concerned in anticipation of the future imposition of these duties.
Retroactive measures in practice
In practice, anti-dumping duties are imposed retroactively to a limited extent. In the period from 2020 to 2024, the Commission has only opted for this once. Since the beginning of this year, however, the Commission seems to be using this instrument more often. For instance, anti-dumping duties were imposed twice that applied retroactively.
The reason for this lies partly in the new policy that the Commission has been applying since 24 September 2024. Until then, in general, imported products under investigation were only registered at the request of the EU industry. Since this policy change, imports of the products concerned are, in principle, always registered in all anti-dumping or anti-subsidy investigations. Not only does this enable the Commission to impose measures retroactively if necessary, but it also prevents a sharp increase in imports of the products concerned before measures are imposed, according to the Commission. If a complainant succeeds in having a measure applied retroactively, this can significantly bring forward the moment in the investigation when anti-dumping duties are applied.
Below, we discuss two practical examples in which the Commission has imposed retroactive measures since the policy change.
Erythritol
On 16 January 2025, the Commission announced that the existing anti-dumping duties on erythritol from China would be extended. The new duties range from 34.4% to 233.3% and were applied retroactively from 7 June 2024 (the date of registration of imports of these products).
The Commission's investigation showed that the average monthly imports from China during the investigation period amounted to 1,097 tonnes. In the period following the initiation of the investigation, imports of erythritol increased significantly. Between December 2023 and June 2024, average monthly imports amounted to 1,749 tonnes, an increase of 59%, and in the period up to and including July 2024, they amounted to 1,586 tonnes on average, an increase of 45%. These significant increases, combined with the timing and circumstances in which they occurred, threatened to seriously undermine the recovery that the definitive duty was intended to achieve, according to the Commission. In addition, the Commission found that import prices continued to fall during the same period. This reinforced the price undercutting of European products by Chinese suppliers and increased the harmful effects on the EU industry. The Commission concluded that the conditions for applying definitive anti-dumping duties with retroactive effect were met.
Multi-layer wooden flooring
On 11 July 2025, the Commission imposed retroactive duties on Chinese imports of multi-layer wooden flooring. These duties range from 21.3% to 36.1% and apply retroactively from 24 October 2024 (the date of registration of imports of these products).
Here too, the Commission found that there had been a significant increase in imports that threatened to undermine the remedial effect of the definitive anti-dumping duty. For example, average monthly imports from China in the period between the start of the anti-dumping investigation and the imposition of provisional measures (June 2024 – December 2024) were 56% higher than during the investigation period (January 2023 – December 2023). Compared to the same calendar months of the investigation period (June 2023 – December 2023), imports were even 66% higher. Moreover, this increase took place at prices that were on average lower than those in the period under investigation.
The argument that retroactive measures would not be in the Union's interest and would cause disproportionate damage to importers was rejected by the Commission. This is because all the legal requirements for the application of retroactive measures were met.
Conclusion
Although the Commission has made only limited use of the instrument to impose anti-dumping measures retroactively in recent years, it appears to have embarked on a new course this year, prompted by a new policy that reflects a more assertive stance on trade protection.
Maverick Advocaten has extensive experience with anti-dumping investigations and assists European producers, importers and foreign producers in anti-dumping proceedings.
For all information about anti-dumping investigations, see the information portal antidumping.eu.
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