74.—(1) The TRA may conduct a review (a “scope review”) to consider whether the goods or the description of goods to which an anti-dumping amount or a countervailing amount is applicable should be varied.
(2) Otherwise than on its own initiative in accordance with regulation 67 (initiation of a review), the TRA may not initiate a scope review in relation to goods within a year of the imposition or variation of an anti-dumping amount or a countervailing amount pursuant to a public notice made under section 13 of the Act.
(3) A scope review application must include evidence that—
(a)the goods or the description of the dumped goods or subsidised imports should be varied; and
(b)the nature of the variation does not justify an investigation in accordance with Part 6.
(4) In order to determine whether it is appropriate to initiate a scope review, the TRA must consider—
(a)whether it would have included the goods or description of goods subject to review in the original investigation had it had the information contained in that application before it at the time of that investigation;
(b)the relationship between the goods subject to review and the like goods in the domestic market in the United Kingdom;
(c)the impact, or potential impact, of any change in scope on the intended effects of the anti-dumping amount or countervailing amount;
(d)whether any prejudice could be caused to the interests of any interested party or contributor;
(e)whether the application of rules of customs would resolve the issues raised by the review applicant; and
(f)any other factors it considers relevant.
(5) Following a scope review, the TRA may determine that the goods or the description of goods to which an anti-dumping amount or a countervailing amount is applicable should be—
(a)maintained; or
(b)varied.
[F1(6) Where the TRA proposes to make a determination under paragraph (5)(a) the TRA must notify the Secretary of State of its proposed determination.
(7) Where the Secretary of State has been notified in accordance with paragraph (6), the Secretary of State may, within the relevant period (and subject to paragraph (8)), request that the TRA reassess its proposed determination by reference to any matter specified in the request.
(8) The Secretary of State may only make a request under paragraph (7) where the Secretary of State considers that—
(a)there is information that the TRA did not take into account in its review that is relevant to the proposed determination;
(b)the TRA has made an error in relation to its proposed determination; or
(c)exceptional circumstances make the request appropriate.
(9) The TRA must comply with a request under paragraph (7).
(10) The TRA may not make its proposed determination until—
(a)the relevant period has ended; or
(b)if the Secretary of State informs the TRA within the relevant period that the Secretary of State will not make a request under paragraph (7), the time when the TRA receives that information.
(11) For the purposes of paragraphs (7) and (10), the “relevant period” is the period of 21 days beginning with the day on which the TRA notifies the Secretary of State that it proposes to make the determination in question.]
Textual Amendments
F1Reg. 74(6)-(11) inserted (23.5.2024) by The Trade Remedies (Amendment) Regulations 2024 (S.I. 2024/545), regs. 1(2), 16 (with reg. 2)
Commencement Information
I1Reg. 74 in force at 6.3.2019, see reg. 1(2)