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EU Endorses Duties On Footwear
The EU endorsed plans by its trade chief for import duties on Asian leather shoes. The plan says imports of Chinese and Vietnamese-made leather shoes will be subject to tariffs of 16.5% and 10% respectively. The European Commission is legally obliged to make a proposal and remains confident in the legal merits of the current proposal. The current proposal was rejected by a narrow margin by Member States at advisory level and will now return to Member States for a legally binding vote. Member States may be asked to explain the legal rationale for their votes.
If there is no simple majority in Council in favour of measures or abstaining, then measures will lapse when the provisional measures expire on October 6. This is a decision for Member States. Those who reject the measures could in theory be challenged in court to legally defend their decision – something they have not been required to do up to this point.
EU rules ensure that anti-dumping measures cannot be used to make imports more expensive than the equivalent EU product. So while anti-dumping measures seek to eliminate the effects of "unfair trade" they cannot shield European producers from tough, but legitimate competition. Anti-dumping measures do not take the form of quantitative restrictions or import quotas, there is no ban on the goods in question and no limit to their export to Europe.
