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).