SCHEDULES

C1SCHEDULE 4Dumping of goods or foreign subsidies causing injury to UK industry

Annotations:

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).