The Trade Remedies (Dumping and Subsidisation) (EU Exit) Regulations 2019

Normal value in respect of imports from particular foreign countries and territories U.K.

14.—(1) This regulation applies in respect of imports from exporting countries or territories—

(a) that are not members of the WTO;

(b) that are members of the WTO but the terms of their membership contain specific provisions regarding the determination of the normal value; or

(c) where there is a complete or substantially complete monopoly of its trade and where all or substantially all domestic prices are fixed by the government.

(2) Where this regulation applies, the TRA may calculate the normal value of the goods concerned—

(a) on the basis of the comparable price;

(b) in accordance with regulation 10 (appropriate third country or territory and representative price) or regulations 11 (costs of production) and 12 (the amounts for administrative, selling and general costs and for profits); or

(c) in accordance with paragraph (3) of this regulation.

(3) The normal value of the goods concerned may be determined—

(a) on the basis of the costs of production of the like goods plus a reasonable amount for administrative, selling and general costs and for profits in an appropriate third country;

(b) on the basis of the price of exports from a third country or territory to other foreign countries or territories provided that price is representative;

(c) where paragraph (1)(b) applies, in accordance with the terms of the membership in that paragraph; or

(d) on any other basis the TRA considers is reasonable including the price actually paid or payable for the goods in the United Kingdom adjusted where necessary to include a reasonable profit margin.

(4) For the purpose of paragraph (3)(a), the TRA may determine whether a third country or territory is an appropriate third country or territory taking into account—

(a) whether and to what extent reliable information is made available to the TRA by overseas exporters in that country or territory at the time of selection;

(b) whether the country or territory has a similar level of economic development to the exporting country or territory; and

(c) any other factors it considers relevant.

Commencement Information

I1 Reg. 14 in force at 6.3.2019, see reg. 1(2)