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Council Regulation (EC) No 2238/2003 of 15 December 2003 protecting against the effects of the application of the United States Anti-Dumping Act of 1916, and actions based thereon or resulting therefrom

article  2

CELEX:  32003R2238

1. Any person referred to in Article 3 shall be entitled to recover any outlays, costs, damages and miscellaneous expenses incurred by him or her as a result of the application of the Anti-Dumping Act of 1916 or by actions based thereon or resulting therefrom.
2. Recovery may be obtained as soon as an action under the Anti-Dumping Act of 1916 is commenced.
3. Recovery may be obtained from the natural or legal person or any other entity that brought a claim under the Anti-Dumping Act of 1916 or from any person or entity related to that person or entity. Persons or entities shall be deemed to be related if:
(a) they are officers or directors of one another's businesses;
(b) they are legally recognised partners in business;
(c) one of them controls directly or indirectly the other;
(d) both of them are directly or indirectly controlled by a third person 4. Without prejudice to other means available and in accordance with applicable law, the recovery may take the form of seizure and sale of assets held by the defendant, including shares held in a legal person incorporated within the Community.