PART 11Miscellaneous
Extension of the period of a provisional remedy in a dumping investigationI190
1
The TRA may recommend to the Secretary of State (an “extension recommendation”) that the period of a provisional remedy, which has been applied in respect of goods in the case of a dumping investigation, be extended.
2
The TRA may only make an extension recommendation where—
a
paragraph (3) or (4) applies; F9...
F9b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F82A
Where the TRA makes an extension recommendation in accordance with paragraph (1), it must advise the Secretary of State whether and why it considers that the extension of the application of the provisional remedy in accordance with its recommendation would meet the economic interest test (see paragraph 25 of Schedule 4 to the Act).
3
This paragraph applies where the TRA receives a request to extend the period of the provisional remedy from or on behalf of overseas exporters representing a significant volume of the dumped goods.
4
This paragraph applies where—
a
the TRA considers that extending the period of the provisional remedy is appropriate in the circumstances;
b
the TRA issues a notification to overseas exporters notifying them that the TRA considers it appropriate to extend the period of the provisional remedy (“proposed extension”); and
c
overseas exporters representing a significant volume of the dumped goods do not object to the proposed extension.
5
An extension recommendation must include—
a
a description of the goods to which the recommendation relates;
b
the overseas exporters that support or do not object to the extension;
c
the recommended period of extension, which must not exceed the period referred to in paragraph 16(2) of Schedule 4 to the Act and which must begin on the day on which the provisional remedy would have otherwise expired; and
d
the reasons for the TRA's recommendation.
6
If the TRA makes an extension recommendation, the Secretary of State must decide whether to accept or reject it.
7
The Secretary of State may only reject the TRA's recommendation where the Secretary of State is satisfied that it is not in the public interest to accept it.
8
In making a decision under paragraph (6), F10the Secretary of State must have regard to the TRA’s advice on whether the extension recommendation would meet the economic interest test.
9
Where the Secretary of State accepts an extension recommendation, the Secretary of State must—
a
publish a notice containing the information set out in paragraph 1 of Schedule 6; and
b
notify interested parties.
10
Where the Secretary of State F11and does not make a decision under regulation 90A, the Secretary of State must—
a
publish a notice containing the information set out in paragraph 1 of Schedule 6;
b
notify interested parties; and
c
lay a statement before the House of Commons setting out the reasons for rejecting the recommendation.
F7Secretary of State’s power to apply an alternative remedy90A
1
This regulation applies where—
a
the TRA makes an extension recommendation under regulation 90(1); and
b
the Secretary of State rejects the recommendation.
2
If the Secretary of State considers that it is in the public interest to do so, the Secretary of State may decide that the period of a provisional remedy, which has been applied in respect of goods in the case of a dumping investigation, should, subject to paragraph (3), be extended other than in accordance with the recommendation.
3
The period of extension must not exceed the period referred to in paragraph 16(2) of Schedule 4 to the Act, and must begin on the day on which the provisional remedy would have otherwise expired.
4
Where the Secretary of State makes a decision under paragraph (2), the Secretary of State must—
a
publish a notice containing the information set out in paragraph 1 of Schedule 6;
b
notify interested parties; and
c
lay a statement before the House of Commons setting out the reasons for making the decision.
Relevant period in a dumping investigationI291
1
The TRA may recommend that an anti-dumping amount should apply to goods from the relevant date specified in F3paragraph 19(3)(a) of Schedule 4 to the Act where paragraph (2) applies.
F11A
The TRA may recommend that an anti-dumping amount should apply to goods from the relevant date specified in paragraph 19(3)(b) of Schedule 4 to the Act where in an anti-dumping investigation—
a
a final determination of injury is made (but not a threat of injury or material retardation of the establishment of an industry), or
b
a final determination of a threat of injury is made, and the TRA determines that injury would have occurred in the absence of provisional measures.
2
This paragraph applies where the Secretary of State has published a notice under paragraph 29(1) of Schedule 4 to the Act and the TRA considers in a dumping investigation that—
a
there is a history of dumping which caused injury or the importer is, or should have been, aware that the overseas exporter practises dumping and that such dumping would cause injury to a UK industry;
b
the injury caused to a UK industry was caused by a massive volume of dumped goods in a short period of time; and
c
in light of the timing and volume of the dumped goods and other circumstances (for example a rapid build-up of inventories of the dumped goods), the application of the anti-dumping amount to be applied is likely to seriously undermine the remedial effect of that amount.
3
Before making the recommendation in paragraph (1), the TRA must allow importers to submit any evidence they consider relevant.
F24
The TRA may recommend that the anti-dumping amount to be applied during all or part of the relevant period is the same or less than the anti-dumping amount determined in the final affirmative determination, provided that the anti-dumping amount applied during the relevant period does not exceed the estimated anti-dumping amount as specified in paragraph 13(3)(a) of Schedule 4 to the Act.
Relevant period in a subsidisation investigationI392
1
The TRA may recommend that a countervailing amount should apply to goods from the relevant date specified in F6paragraph 19(3)(a) of Schedule 4 to the Act where paragraph (2) applies.
F41A
The TRA may recommend that a countervailing amount should apply to goods from the relevant date specified in paragraph 19(3)(b) of Schedule 4 to the Act where in a subsidisation investigation—
a
a final determination of injury is made (but not a threat of injury or material retardation of the establishment of an injury), or
b
a final determination of a threat of injury is made, and the TRA determines that injury would have occurred in the absence of provisional measures.
2
This paragraph applies where the Secretary of State has published a notice under paragraph 29(1) of Schedule 4 to the Act and the TRA considers in a subsidisation investigation that in critical circumstances—
a
there is a massive volume of imports of the subsidised goods into the United Kingdom in a short period of time;
b
the massive imports of the subsidised imports caused injury to a UK industry, which is difficult to repair; and
c
it is necessary in order to preclude the recurrence of such injury to a UK industry to recommend that a countervailing amount apply to goods from the relevant date specified in paragraph 19(3)(a)(i) of Schedule 4 to the Act.
F53
The TRA may recommend that the countervailing amount to be applied during all or part of the relevant period is the same or less than the countervailing amount in the final affirmative determination, provided that the countervailing amount to be applied during the relevant period does not exceed the estimated countervailing amount as specified in paragraph 13(3)(b) of Schedule 4 to the Act.
Meaning of export subsidisationI493
1
For the purpose of paragraph 27 of Schedule 4 to the Act, “export subsidisation” (and “export subsidy” accordingly) has the meaning given by this regulation.
2
Subject to paragraph (3), export subsidisation means the granting of a subsidy which is contingent, in law or in fact, upon export performance.
3
The fact that a subsidy is granted to enterprises which export does not for that reason alone mean that it is an export subsidy.
4
When considering whether or not a subsidy is an export subsidy, the TRA must take into account footnote 1 and Annexes I to III to the Agreement on Subsidies and Countervailing Measures (being part of Annex 1A to the WTO Agreement).