PART 7Initiation and conduct of a review
CHAPTER 1General provisions and the initiation of a review
Initiation of a review67.
F1A1
The Secretary of State may, within 60 days of the application, variation, extension or suspension of an anti-dumping amount or a countervailing amount pursuant to Part 4 of Schedule 4 to the Act, or Part 7, Part 9, Part 9A or Part 12 of these Regulations, request that the TRA undertakes an early review.
B1
Paragraph (A1) does not apply in relation to an anti-dumping amount or a countervailing amount which is maintained or varied as a result of an early review.
C1
The Secretary of State may request an early review where the Secretary of State considers that—
(a)
there is information that the TRA did not take into account in its investigation or review that is relevant to the anti-dumping amount or countervailing amount;
(b)
the TRA made an error in relation to its recommendation; or
(c)
exceptional circumstances make the request appropriate.
D1
Before making a request under paragraph (A1), the Secretary of State must consult the TRA.
E1
Where the Secretary of State makes a request under paragraph (A1), the TRA must comply with the request.
(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.
F2(6A)
Where the TRA initiates an early review, it must take then the following steps in the order in which they are set out—
(a)
publish a notice (a notice of initiation of a review); and
(b)
notify the Secretary of State and interested parties.
(7)
F3Where the TRA has made a determination to initiate a review other than an early review, the TRA must notify the Secretary of State that it intends to initiate the review and, after the relevant interval, must take the following steps in the order in which they are set out—
F4(za)
initiate the review;
(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.
F5(7A)
In paragraph (7), the “relevant interval” is the period of two working days beginning with the first working day after the day on which the TRA notifies the Secretary of State of its intention to initiate the review.
(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 F6... prior to the initiation of that review.