PART 6Initiation and conduct of an investigation

CHAPTER 3Conduct of an investigation

The use of sampling in respect of Parts 3, 4 and 5 of these Regulations57

1

The TRA may use sampling in relation to an investigation in accordance with this regulation to determine—

a

whether imports of the goods concerned into the United Kingdom are subsidised;

b

whether the dumped goods or subsidised imports, as the case may be, have caused or are causing injury to a UK industry; or

c

the amount necessary to remove the injury.

2

The TRA may, where it considers it appropriate to do so, limit its examination under Parts 3, 4 and 5 of these Regulations to a sample of—

a

importers;

b

overseas exporters;

c

categories of goods;

d

UK producers;

e

transactions for the purchase of the like goods in the United Kingdom; or

f

anything else the TRA considers it appropriate to sample in order to make its determination.

3

Where the TRA limits its examination in accordance with this regulation it may use any reasonable method to determine the sample.

4

An overseas exporter who is not included in a sample in accordance with this regulation may request that the TRA calculate an individual anti-dumping amount or countervailing amount provided that the overseas exporter has supplied the necessary information in time for that information to be considered during the course of the investigation.

5

Where an overseas exporter makes a request in accordance with paragraph (4), the TRA must accept the request and calculate an individual anti-dumping amount or countervailing amount unless the number of exporters is so large that individual examinations are unduly burdensome and would prevent the timely completion of the investigation.