PART 11Miscellaneous

Extension of the period of a provisional remedy in a dumping investigation90

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; and

b

the TRA is satisfied that the extension meets 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), the Secretary of State must accept the TRA’s determination that an extension meets the economic interest test (see paragraph 25 of Schedule 4 to the Act) unless the Secretary of State is satisfied that the recommendation is not one that the TRA could reasonably have made.

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 rejects an extension recommendation, 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.

Relevant period in a dumping investigation91

1

The TRA may recommend that an anti-dumping amount should apply to goods from the relevant date specified in paragraph 19(3)(a)(i) of Schedule 4 to the Act where paragraph (2) applies.

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.

Relevant period in a subsidisation investigation92

1

The TRA may recommend that a countervailing amount should apply to goods from the relevant date specified in paragraph 19(3)(a)(i) of Schedule 4 to the Act where paragraph (2) applies.

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.

Meaning of export subsidisation93

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).