PART 7Initiation and conduct of a review
CHAPTER 1General provisions and the initiation of a review
Purpose of Part 7I166
Reviews by the TRA of the continuing application, including the variation and extension, of an anti-dumping amount or a countervailing amount to goods pursuant to paragraph 21 of Schedule 4 to the Act are subject to the following provisions of this Part.
Initiation of a reviewI267
1
If the TRA is satisfied that there is sufficient information substantiating the need for a review, the TRA may initiate an interim review, an absorption review, a circumvention review or a scope review—
a
where a review application is made by or on behalf of an interested party; or
b
on its own initiative.
2
If there is sufficient evidence substantiating the need for an expiry review, the TRA may initiate an expiry review—
a
where a review application is made by or on behalf of UK industry in the goods; or
b
on its own initiative in special circumstances.
3
The TRA must initiate a new exporter review—
a
where a review application is made by or on behalf of a new exporter; and
b
the TRA is satisfied that the review application contains sufficient information substantiating the need for a review in accordance with regulation 71 (new exporter review).
4
The TRA may, in particular, reject a review application where—
a
it considers the review application is made in relation to a change in circumstances that is not of a lasting nature;
b
it has conducted a previous review or rejected a previous review application in respect of the relevant anti-dumping amount or countervailing amount and—
i
the review application relates to matters which are similar to those arising under that previous review or set out in that previous review application; and
ii
there is no change of circumstances since the termination of that previous review or rejection of that previous review application which substantiates the need for a new review;
c
information on which the review application relies could have been provided to the TRA in the investigation or a previous review; or
d
the review applicant has not complied with procedural requirements in accordance with this Part.
5
The TRA may reject a review application if it is not made via the TRA's case management system.
6
Where the TRA rejects a review application, it must notify the review applicant.
7
Where the TRA has made a determination to initiate a review, the TRA must—
a
publish a notice of its decision to initiate a review (for the purpose of this Part a “notice of initiation of a review”); and
b
notify the Secretary of State and interested parties.
8
A notice of initiation of a review must contain the information listed in paragraph 1 of Schedule 3.
9
Where a review application is made in respect of goods subject to a countervailing amount, the TRA must notify the government of the exporting country or territory and the Secretary of State prior to the initiation of that review.