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ARTICLE * I. INTRODUCTION On 6 December 2006, EU Commissioner for Trade Peter Mandelson launched a call for reform of the Trade Defence Instruments (TDIs) within the European framework by the publication of a Green Paper providing for a public consultation process. Substantial matters within the TDIs are, of course, the anti-dumping (AD) rules, which in Europe are regulated by Council Regulation No. 384/961 (`The Basic Regulation'). This article focuses on the current AD proceeding rules applicable to confidentiality and foresees if and how, under the current winds of reform, confidentiality rules may be subject to modification. One reason behind the public consultation on TDI's launched by Commissioner Mandelson is that many stakeholders and interested parties in the recent past complained of the lack of transparency of the current AD rules as interpreted and applied by the European Commission and the Council of the European Union. Such lack of transparency in the AD procedures has been recently represented: (i) in the Eurocoton case judgment2 where ECJ has ruled how in antidumping investigation: ` . . . when the Council decides not to adopt a proposal for a regulation imposing definitive anti-dumping duties, it should provide an adequate statement
Global Trade and Customs Journal – Kluwer Law International
Published: Feb 1, 2008
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