PART 8Undertakings
Breach of an undertakingI183
1
Where there is evidence of a breach of an undertaking, the TRA may initiate an investigation (a “breach investigation”)—
a
following an application made by, or on the behalf of, an interested party or the Secretary of State; or
b
on its own initiative.
2
The TRA may reject an application for a breach investigation where it considers that there is insufficient evidence of the breach alleged.
3
Where the TRA initiates a breach investigation, it must notify interested parties accordingly.
4
The TRA must provide interested parties with an opportunity to comment prior to making a determination that an undertaking has been breached.
5
Except where the TRA determines that there are adequate reasons to allow the undertaking to continue to apply, where the TRA determines that an undertaking has been breached—
a
the acceptance of the undertaking must be withdrawn; and
b
an anti-dumping amount or a countervailing amount must be applied to the goods in accordance with the terms and conditions of the undertaking from the date of the breach as determined by the TRA.
6
Where the acceptance of an undertaking is withdrawn following the TRA's determination of a breach, the TRA must publish a notice containing the information set out in paragraph 3 of Schedule 4.