The Trade Remedies (Dumping and Subsidisation) (EU Exit) Regulations 2019

CHAPTER 1 U.K. General provisions and the initiation of a review

Purpose of Part 7 U.K.

66.  Reviews by the TRA of the continuing application, including the variation and extension, of an anti-dumping amount or a countervailing amount to goods pursuant to paragraph 21 of Schedule 4 to the Act are subject to the following provisions of this Part.

Commencement Information

I1 Reg. 66 in force at 6.3.2019, see reg. 1(2)

Initiation of a review U.K.

67.—(1) If the TRA is satisfied that there is sufficient information substantiating the need for a review, the TRA may initiate an interim review, an absorption review, a circumvention review or a scope review—

(a) where a review application is made by or on behalf of an interested party; or

(b) on its own initiative.

(2) If there is sufficient evidence substantiating the need for an expiry review, the TRA may initiate an expiry review—

(a) where a review application is made by or on behalf of UK industry in the goods; or

(b) on its own initiative in special circumstances.

(3) The TRA must initiate a new exporter review—

(a) where a review application is made by or on behalf of a new exporter; and

(b) the TRA is satisfied that the review application contains sufficient information substantiating the need for a review in accordance with regulation 71 (new exporter review).

(4) The TRA may, in particular, reject a review application where—

(a) it considers the review application is made in relation to a change in circumstances that is not of a lasting nature;

(b) it has conducted a previous review or rejected a previous review application in respect of the relevant anti-dumping amount or countervailing amount and—

(i) the review application relates to matters which are similar to those arising under that previous review or set out in that previous review application; and

(ii) there is no change of circumstances since the termination of that previous review or rejection of that previous review application which substantiates the need for a new review;

(c) information on which the review application relies could have been provided to the TRA in the investigation or a previous review; or

(d) the review applicant has not complied with procedural requirements in accordance with this Part.

(5) The TRA may reject a review application if it is not made via the TRA's case management system.

(6) Where the TRA rejects a review application, it must notify the review applicant.

(7) Where the TRA has made a determination to initiate a review, the TRA must—

(a) publish a notice of its decision to initiate a review (for the purpose of this Part a “notice of initiation of a review”); and

(b) notify the Secretary of State and interested parties.

(8) A notice of initiation of a review must contain the information listed in paragraph 1 of Schedule 3.

(9) Where a review application is made in respect of goods subject to a countervailing amount, the TRA must notify the government of the exporting country or territory and the Secretary of State prior to the initiation of that review.

Commencement Information

I2 Reg. 67 in force at 6.3.2019, see reg. 1(2)