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

The conduct of a review U.K.

68.—(1) Where the TRA considers it appropriate, the TRA may expand or limit the issues to be considered in a review.

(2) The TRA must provide interested parties with an opportunity to provide comments prior to acting in accordance with paragraph (1).

[F1 (3) The TRA must make a determination that an anti-dumping amount or a countervailing amount should be revoked in respect of goods from a particular overseas exporter where, at any stage during a review, it determines that the margin of dumping or the amount of subsidy is minimal.

(4) Where regulation 36(5) applies in respect of goods from a particular overseas exporter (“E”), but an anti-dumping amount or a countervailing amount remains in place for at least one other overseas exporter in respect of such goods, E—

(a) may be subject to a review or subsequent review carried out in respect of the exporting country or territory; and

(b) following the review or subsequent review, may have an anti-dumping amount or a countervailing amount applied or re-applied to those goods.

(4A) Paragraph 4 does not apply where the Secretary of State has accepted a recommendation made by the TRA (see regulation 76) which is in accordance with a determination referred to in paragraph (3).]

(5) The TRA may, where it is satisfied that there is sufficient information to justify doing so, extend a review initiated in respect of one overseas exporter to any, or all, other overseas exporters who export the dumped goods or subsidised imports which are subject to the relevant public notice made under section 13 of the Act.

(6) The TRA may, where it considers it appropriate, terminate a review on the request of the review applicant.

[F2 (6A) The TRA must terminate an early review on the request of the Secretary of State.]

(7) Where the TRA constructs the export price in accordance with regulation 15 (export price), the TRA may deduct any anti-dumping amount paid where it is not reflected in resale prices and subsequent selling prices in the United Kingdom.

(8) Parts 2, 3, 4 and 6 apply to reviews to the extent that the TRA considers relevant.

(9) If the TRA applies any part of Parts 2, 3, 4 or 6 to a review, any references in those Parts to “goods concerned” should be read as “goods subject to review”.

(10) Following a review, the anti-dumping amount or countervailing amount applicable to goods must be such that it does not exceed—

(a) the margin of dumping or the amount of subsidy in relation to the goods;

(b) the amount which the TRA is satisfied would be adequate to remove the injury to a UK industry in the goods if that amount is less than the margin of dumping or the amount of subsidy referred to sub-paragraph (a).

(11) Part 5 applies to—

[F3 (za) an early review where the TRA considers varying the level of an anti-dumping amount or a countervailing amount;]

(a) an interim review where the TRA considers varying the level of an anti-dumping amount or a countervailing amount by varying its level and duration;

(b) an interim review where the TRA reassesses the amount adequate to remove the injury;

(c) an expiry review where the TRA considers varying the level of an anti-dumping amount or a countervailing amount;

(d) a new exporter review where the TRA calculates an individual anti-dumping amount or an individual countervailing amount;

(e) an absorption review.

(12) Where it is not possible for the TRA to recalculate the anti-dumping amount or countervailing amount, the TRA may determine that the amount should not be varied.

Textual Amendments

F1 Reg. 68(3)-(4A) substituted for reg. 68(3) (1.3.2020) by The Trade Remedies (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/99), regs. 1, 19

F2 Reg. 68(6A) inserted (23.5.2024) by The Trade Remedies (Amendment) Regulations 2024 (S.I. 2024/545), regs. 1(2), 9(a) (with reg. 2)

F3 Reg. 68(11)(za) inserted (23.5.2024) by The Trade Remedies (Amendment) Regulations 2024 (S.I. 2024/545), regs. 1(2), 9(b) (with reg. 2)

Commencement Information

I1 Reg. 68 in force at 6.3.2019, see reg. 1(2)