Relevant period in a dumping investigationU.K.
91.—(1) The TRA may recommend that an anti-dumping amount should apply to goods from the relevant date specified in [F1paragraph 19(3)(a)] of Schedule 4 to the Act where paragraph (2) applies.
[F2(1A) The TRA may recommend that an anti-dumping amount should apply to goods from the relevant date specified in paragraph 19(3)(b) of Schedule 4 to the Act where in an anti-dumping investigation—
(a)a final determination of injury is made (but not a threat of injury or material retardation of the establishment of an industry), or
(b)a final determination of a threat of injury is made, and the TRA determines that injury would have occurred in the absence of provisional measures.]
(2) This paragraph applies where the Secretary of State has published a notice under paragraph 29(1) of Schedule 4 to the Act and the TRA considers in a dumping investigation that—
(a)there is a history of dumping which caused injury or the importer is, or should have been, aware that the overseas exporter practises dumping and that such dumping would cause injury to a UK industry;
(b)the injury caused to a UK industry was caused by a massive volume of dumped goods in a short period of time; and
(c)in light of the timing and volume of the dumped goods and other circumstances (for example a rapid build-up of inventories of the dumped goods), the application of the anti-dumping amount to be applied is likely to seriously undermine the remedial effect of that amount.
(3) Before making the recommendation in paragraph (1), the TRA must allow importers to submit any evidence they consider relevant.
[F3(4) The TRA may recommend that the anti-dumping amount to be applied during all or part of the relevant period is the same or less than the anti-dumping amount determined in the final affirmative determination, provided that the anti-dumping amount applied during the relevant period does not exceed the estimated anti-dumping amount as specified in paragraph 13(3)(a) of Schedule 4 to the Act.]
Textual Amendments
F1Words in reg. 91(1) substituted (22.3.2023) by The Trade Remedies (Dumping and Subsidisation) (Amendment) Regulations 2023 (S.I. 2023/222), regs. 1(2), 3(1)(a)
F2Reg. 91(1A) inserted (22.3.2023) by The Trade Remedies (Dumping and Subsidisation) (Amendment) Regulations 2023 (S.I. 2023/222), regs. 1(2), 3(1)(b)
F3Reg. 91(4) inserted (22.3.2023) by The Trade Remedies (Dumping and Subsidisation) (Amendment) Regulations 2023 (S.I. 2023/222), regs. 1(2), 3(1)(c)
Commencement Information
I1Reg. 91 in force at 6.3.2019, see reg. 1(2)