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

Scope review

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.