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EU Anti-Dumping Duties on Vietnamese Goods: How Exporters Can Defend Themselves

4 min readFLAT LAW FIRM

Steelworks
Illustration: steelworks — by Marek Ślusarczyk (Tupungato), via Wikimedia Commons (CC BY 3.0).

In September 2025, the EU imposed definitive anti-dumping duties on hot-rolled flat steel originating in Vietnam — 12.1% for Formosa Ha Tinh and for all other non-exempted producers. The case shows EU trade defence is no longer a distant risk for Vietnamese goods. Exporters to the EU need to understand the rules of the game early, rather than react once duties are in place.

1. The legal framework: the EU’s basic anti-dumping Regulation

Every EU anti-dumping investigation rests on Regulation (EU) 2016/1036 of the European Parliament and of the Council — the basic act protecting against dumped imports from non-EU countries, amended by Regulations (EU) 2017/2321 and (EU) 2018/825. It governs the full sequence: complaint by the EU industry, investigation by the European Commission, provisional duties, definitive duties lasting five years, and reviews (expiry reviews, interim reviews).

Two EU-specific principles matter: the lesser duty rule — duties do not exceed what is needed to remove injury; and the Union interest test — measures cannot be imposed if contrary to the overall economic interest of the EU, weighing consumers and importers as well.

2. The hot-rolled steel case: practical lessons

In the steel case, the Commission imposed a definitive 12.1% duty with company-specific TARIC additional codes, while exempting the Hoa Phat group (TARIC code 89MD). The notable point: producers that cooperated fully — supplying data and demonstrating low or no dumping margins — fared far better than non-cooperating ones, which typically face the highest country-wide rate.

3. Defence strategy by phase

Before an investigation. Watch for early warnings: when the EU industry lodges a complaint, the Commission publishes a notice of initiation in the EU Official Journal. Exporters shipping significant volumes to the EU should monitor these notices by product code.

During the investigation. The most important decision is whether to cooperate. Cooperating exporters receive detailed questionnaires under tight deadlines, may be selected for sampling, and may host verification visits at their plants. Non-cooperation means the Commission uses “facts available” — usually the most adverse figures from the complaint. Exporters also have rights to hearings, access to the non-confidential file, and may offer price undertakings instead of duties.

After duties are imposed. Anti-dumping duties are not the end of the story. Exporters can request interim reviews when circumstances change, participate in expiry reviews after five years, or challenge the Commission’s decision before the EU General Court on legal grounds. New exporters that did not ship during the investigation period can seek new-exporter reviews for individual margins.

4. Prepare the file starting today

Effective defence begins with bookkeeping: domestic and export prices recorded separately, production costs per product code, and evidence that export prices reflect market conditions. Exporters should also model scenarios — computing their potential dumping margin in advance to know whether they sit in the safe zone or the danger zone before the Commission knocks.

Frequently asked questions

Can the EU impose anti-dumping duties on Vietnamese goods?
Yes. Regulation (EU) 2016/1036 applies to imports from all non-EU countries, including Vietnam. The 2025 hot-rolled steel case is a live example.

What happens without cooperation in an investigation?
The Commission resorts to facts available, typically producing the highest duty rate. Full cooperation is the most basic defence strategy.

How long do anti-dumping duties last?
Definitive duties normally run five years, followed by an expiry review deciding extension or termination.

Is there any way around duties once imposed?
Yes: interim reviews, expiry reviews, price undertakings, or an action before the EU General Court where the decision is legally flawed.

This article has been quality-reviewed by the FLAW AI Legal Council

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