SCHEDULES
C1SCHEDULE 4Dumping of goods or foreign subsidies causing injury to UK industry
PART 5Undertakings
Acceptance of undertakings
I123
1
Where the TRA determines to recommend to the Secretary of State under paragraph 17(3) or (4) that an anti-dumping amount or a countervailing amount should be applicable to goods, the TRA may also recommend to the Secretary of State the acceptance of an undertaking in respect of the goods.
2
In this Part, an “undertaking” means—
a
in the case of the dumping of goods, an undertaking offered by an overseas exporter of the goods—
i
to revise the overseas exporter's prices for export to the United Kingdom, or
ii
to cease exports to the United Kingdom at prices which cause the goods to be dumped;
b
in the case of subsidised goods—
i
an undertaking offered by an overseas exporter of the goods to revise the overseas exporter's prices for export to the United Kingdom, or
ii
an undertaking offered by a relevant foreign government to eliminate or limit the importation into the United Kingdom of the subsidised goods or to take other measures concerning its effects.
3
“A relevant foreign government” means the government of a foreign country or territory—
a
which granted one or more of the countervailable subsidies in question, or
b
within whose territory is located a foreign authority which granted one or more of those subsidies.
4
Regulations may make provision about—
a
recommendations by the TRA under sub-paragraph (1);
b
the acceptance of undertakings by the Secretary of State on such a recommendation.
5
The regulations must secure that the TRA may request an undertaking in respect of goods only—
a
at a time after it has made a provisional affirmative determination in relation to the goods, and
b
if such other requirements as the regulations may specify are met.
6
The regulations must secure that the TRA may recommend the acceptance of an undertaking in respect of goods to the Secretary of State only if it is satisfied that—
a
the undertaking is sufficient to eliminate the injurious effect of—
i
the dumping of the goods to a UK industry in those goods, or
ii
the importation of the subsidised goods to a UK industry in those goods,
b
acceptance of the undertaking meets the economic interest test (see paragraph 25), and
c
it is appropriate to accept the undertaking.
7
The regulations may make provision for the purposes of sub-paragraph (6)(c) about the circumstances where it is or is not appropriate to accept an undertaking.
8
Those circumstances may include that the terms and conditions of an undertaking include provision for the provision of information to enable the monitoring of compliance with the undertaking.
9
The regulations must require that if the Secretary of State accepts an undertaking, the Secretary of State—
a
publishes a notice to that effect, and
b
notifies interested parties (see paragraph 32(3)) accordingly.
Reviews of undertakings etc
I224
1
Regulations may make provision for or in connection with—
a
monitoring compliance with an undertaking;
b
investigations by the TRA of breach of an undertaking;
c
reviews by the TRA of the continuing application of an undertaking;
d
the circumstances in which an undertaking ceases to apply;
e
the acceptance of a new undertaking in place of an existing undertaking.
2
Regulations under sub-paragraph (1)(c) may, among other things, provide for a review to consider—
a
whether the continuing application of the undertaking is sufficient to eliminate the injurious effect of—
i
the dumping of the goods to a UK industry in the goods, or
ii
the importation of the subsidised goods to a UK industry in the goods;
b
whether the continuing application of the undertaking is appropriate.
3
Paragraph 10(2) applies to regulations under sub-paragraph (1)(b) or (c) in relation to an investigation or review as it applies to regulations under paragraph 10(1) in relation to a dumping or a subsidisation investigation.
4
The reference in sub-paragraph (1)(e) to the acceptance of a new undertaking is to the acceptance of an undertaking in respect of goods by the Secretary of State, on the recommendation of the TRA.
5
Sub-paragraphs (4) and (6) to (9) of paragraph 23 apply to regulations under sub-paragraph (1)(e) in relation to the acceptance of new undertakings by virtue of those regulations as they apply to the acceptance of undertakings by virtue of regulations under paragraph 23(4).
6
References in sub-paragraph (1) to an “undertaking” (other than the reference in sub-paragraph (1)(e) to a “new undertaking”) are to an undertaking accepted by the Secretary of State by virtue of regulations under paragraph 23(4) or sub-paragraph (1)(e).
Sch. 4 applied (6.3.2019) by The Trade Remedies (Dumping and Subsidisation) (EU Exit) Regulations 2019 (S.I. 2019/450), regs. 1(2), 97(1) (with Pt. 13) (as amended (23.7.2019) by The Trade Remedies (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/1076), regs. 1, 11(2))