71.—(1) The TRA may conduct a review (a “new exporter review”) to consider whether the application of an anti-dumping amount or a countervailing amount to goods should be varied in the case of a new exporter.
(2) A “new exporter” is an overseas exporter that did not export the goods subject to review into the United Kingdom during the period of investigation in respect of which the application of the relevant anti-dumping amount or countervailing amount is based.
(3) A review application for a new exporter review must include evidence that—
(a)the review applicant is not related to any overseas exporter—
(i)who is subject to the application of an anti-dumping amount or a countervailing amount in respect of the dumped goods or subsidised imports; and
(ii)who exported the dumped goods or subsidised imports to the United Kingdom during the period of investigation;
(b)the review applicant did not export the goods subject to review to the United Kingdom during the period of investigation and either—
(i)is exporting the goods subject to review to the United Kingdom; or
(ii)has a contractual obligation to export a significant quantity of the goods subject to review to the United Kingdom.
(4) Where an anti-dumping amount or a countervailing amount has been determined using sampling in accordance with regulation 37 (determination of the anti-dumping amount or countervailing amount for non-sampled overseas exporters), an anti-dumping amount or a countervailing amount applied to the goods subject to review must be the same as the non-sampled overseas exporter amount determined in accordance with that regulation.
(5) Where the TRA initiates a new exporter review in relation to an anti-dumping amount—
(a)the TRA must notify the Secretary of State; and
(b)the Secretary of State must suspend, by a public notice made under section 13 of the Act, the collection of any anti-dumping amount for the review applicant's goods pending the outcome of the new exporter review.
(6) Following a new exporter review, the TRA may determine that—
(a)the review applicant is not a new exporter;
(b)the review applicant is a new exporter and the non-sampled overseas exporter amount should be applied to the review applicant's exports of the goods subject to review;
(c)the review applicant is a new exporter and an individual anti-dumping amount or individual countervailing amount should be applied to the review applicant's exports of the goods subject to review at a rate calculated during the review; or
(d)the review applicant is a new exporter and an undertaking should be accepted in accordance with Part 8.
[F1(6A) Where the TRA proposes to make a determination under paragraph (6)(a) the TRA must notify the Secretary of State of its proposed determination.
(6B) Where the Secretary of State has been notified in accordance with paragraph (6A), the Secretary of State may, within the relevant period (and subject to paragraph (6C)), request that the TRA reassess its proposed determination by reference to any matter specified in the request.
(6C) The Secretary of State may only make a request under paragraph (6B) where the Secretary of State considers that—
(a)there is information that the TRA did not take into account in its review that is relevant to the proposed determination;
(b)the TRA has made an error in relation to its proposed determination; or
(c)exceptional circumstances make the request appropriate.
(6D) The TRA must comply with a request under paragraph (6B).
(6E) The TRA may not make its proposed determination until—
(a)the relevant period has ended; or
(b)if the Secretary of State informs the TRA within the relevant period that the Secretary of State will not make a request under paragraph (6B), the time when the TRA receives that information.
(6F) For the purposes of paragraphs (6B) and (6E), the “relevant period” is the period of 21 days beginning with the day on which the TRA notifies the Secretary of State that it proposes to make the determination in question.]
(7) If the TRA makes a determination under paragraph (6)(a) in respect of an anti-dumping amount, the Secretary of State may, by a public notice made under section 13 of the Act, apply the rate previously calculated in accordance with regulation 38 (determination of the residual amount) in respect of the relevant review applicant from the date of the initiation of the new exporter review.
(8) If the TRA makes a determination under paragraph (6)(b) or (c) in respect of an anti-dumping amount, the Secretary of State may, by a public notice made under section 13 of the Act, apply the rate specified in the TRA's recommendation in respect of that new exporter from the date of the initiation of the new exporter review.
(9) If the Secretary of State accepts an undertaking, Part 8 applies to the extent it is relevant.
Textual Amendments
F1Reg. 71(6A)-(6F) inserted (23.5.2024) by The Trade Remedies (Amendment) Regulations 2024 (S.I. 2024/545), regs. 1(2), 13 (with reg. 2)
Commencement Information
I1Reg. 71 in force at 6.3.2019, see reg. 1(2)