G/ADP/Q1/GBR/5  
G/SCM/Q1/GBR/5  
 
27 April 2021  
(21-3566) Page: 1/7 
Committee on Anti -Dumping Practices  
Committee on Subsidies and Countervailing Measures  Original: English  
 
 
NOTIFICATION OF LAWS AND REGULATIONS UNDER  ARTICLES 18.5  AND 
32.6 OF THE AGREEMENTS  
REPLIES TO QUESTIONS1 POSED BY THE UNITED STATES  
REGARDING  THE NOTIFICATION OF  THE UNITED KINGDOM2 
The following communication dated  and received on  26 April 2021 , is being circulated at the request 
of the delegation of the United Kingdom . 
 
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The U nited Kingdom would like to thank  the United States for their written  questions , and we 
welcome the opportunity to  provide  clarity on the UK trade remedies system for all Members.  
The U nited Kingdom  has begun operating our own domestic trade remedies system that was put in 
place in light of our departure from the European Union. The U nited Kingdom  has legislated for this 
system, in line with WTO rules, and made relevant notifications to the WTO in line with our 
obligations. All the U nited Kingdom' s legislation we have put in place so far has been discussed in 
the Committees during October 2020.  
The Taxation (Cross -border Trade) Act 2018, (hereinafter "the Taxation Act 2018 "), legislated for 
the ability for the UK Government to establish a standalone customs system following the end of the 
transition period. As part of the Taxation Act 2018, the Act establishes the U nited Kingdom' s 
domestic trade remedies framework.  
Secondary legislation under the Act, the first of which came into force on 6 March 2019, sets out the 
further detail of the U nited Kingdom' s trade remedies framework, specifically on dumpi ng and 
subsidies investigations, safeguard investigations, and reconsiderations and appeals. For the 
purposes of these writte n replies , specific secondary legislation includes the Trade Remedies 
(Increase in Imports Causing Serious Injury to UK Producers) (EU Exit) Regulations 2019 
(hereinafter "the Safeguard Regulations 2019 "), the Trade Remedies (Dumping and Subsidisation) 
(EU Exit) Regulations 2019 (hereinafter "the Dumping and Subsidy Regulations 2019 "), and the 
Trade Remedies (Reconsideration and Appea ls) (EU Exit) Regulations 2019 (hereinafter 
"the Reconsideration and Appeals Regulations 2019 "). 
TRID have published guidance on how it will operate trade remedy investigations and it is available 
on the UK Government website here: https://www.gov.uk/government/publications/the -uk-trade -
remedies -investigations -process . 
 
1 G/ADP/Q1/GBR/ 2 - G/SCM/Q1/GBR/ 2. 
2 G/ADP/N/1/GBR/1 /Suppl. 2 - G/SCM/N/1/GBR/1 /Suppl. 2. G/ADP/Q1/GBR/5 • G/SCM/Q1/GBR/5  
 
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  Question 1  
The examples of what constitute an "interested party" does not seem to include the 
foreign producer in Part 1, Article 2. Please clarify whether and under which category the 
foreign producer may be considered an interested party.  
Reply : 
A foreign producer may be a party to an investigation or review by regist ering with the TRA as a 
contributor.  
Question 2  
Is there any hierarchy to the selection of an alternative normal value methodology as 
described under Part 2, Chapter 2, Article 8? If so, how is it applied?  
Reply : 
Regulation 8 does not create a hierarchy. T he TRA has discretion  to choose the most appropriate 
methodology  based on the facts of the case.  
Question 3  
Part 6, Chapter 1, Article 42 addresses limitations on the consolidation of investigations. 
Please explain what is meant by consolidation and under what circumstances 
investigations can be consolidated.  
Reply : 
Consolidating investigations involves conducting two or more investigations simultaneously and 
using a single case record to make determinations. The TRA will consider co nsolidating investigations 
on a case -by-case basis subject to the limits in the regulation, for example, not consolidating an 
anti-dumping investigation with an anti -subsidy investigation.  
Question 4  
Part 6, Chapter 1, Article 44 states that the Trade Reme dies Authority (hereinafter "TRA") 
must "establish and maintain a file which is open to the public (a 'public file') containing 
information, other than confidential information, which the TRA considers material to the 
investigation."  
a. Please clarify to whom  the public file is open ( e.g., interested parties, 
contributors, public).  
b. Accounting for all of the information the TRA would receive in an investigation, 
what information would the TRA not consider "material"?  
c. Please describe the platforms through which the public file will be accessible 
(e.g., digital, paper). If digital, please provide the website where the digital files 
can be accessed.  
d. For how long will the public file be maintained and open for review?  
Reply : 
a. The TRA must, in respect of every investigation, establish and maintain a file which is open 
to the public (a "public file ") containing information, other than confidential information, 
which the TRA considers material to the investigation.  G/ADP/Q1/GBR/5 • G/SCM/Q1/GBR/5  
 
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  b. The UK 's trade remedies investigations system has been designed to strike a balance 
between being proportionate and efficient whilst also complying with WTO jurisprudence. To 
that end, and to ensure that the public file is accessible for users we have taken the c arefully 
considered decision that non -confidential documents that are material to the investigation 
will be uploaded to the public file. The 'material ' threshold is generally considered to apply 
to non -confidential documents that:  
• contain information that the UK investigating authority need to rely on for 
decision -making;  
• contain information that is relevant to the case (e.g. extension request); or,  
• have an impact to the way interested parties want to represent their views to the 
UK investigating authority on the case.  
c. The public file can be accessed at online at https://www.t rade-
remedies.service.gov.uk/public/cases/  
d. Active cases will be via the Active Case Public File. Once a review / investigation is completed 
the material information will be archived but will remain available to view indefinitely.  
Question 5  
Article 5.5 of the WTO Agreement on the Implementation of Article VI of the 
General  Agreement on Tariffs and Trade 1994 provides that ". . . after receipt of a properly 
documented application and before proceeding to initiate an investigation, the authorities 
shall notif y the government of the exporting Member concerned." How far in advance of 
the publication of a notice of initiation referenced in Part 6, Chapter 2, Article 53 will 
foreign authorities be alerted of the TRA's receipt of an application?  
Reply : 
The UK will alert foreign authorities in a timely manner following the receipt of a properly 
documented application and before proceeding to initiate an investigation, in accordance with 
Article  5.5 of the Anti -Dumping Agreement.  
Question 6  
With regard to Part 6,  Chapter 3, Article 54, are foreign governments required to register 
for an investigation if they want access to investigation documents?  
Reply : 
The TRA must, in respect of every investigation, establish and maintain a file which is open to the 
public (a "public file ") containing information, other than confidential information, which the TRA 
considers material to the investigation. Foreign governments will, therefore, be able to view these 
investigations documents, as with the rest of the public, without r egistering.  
If the foreign government wants to contribute to an investigation, it is important that it registers 
with the TRA, through the Trade Remedies Service, during the registration period set out in the 
Notice of Initiation.  
Question 7  
With regard to Part 6, Chapter 3, Article 58, please clarify how far in advance the 
investigating authority will notify interested parties subject to investigation of the 
documents and information it intends to verify through an on -site investigation.  
Reply : 
For an in -person (face to face) verification visit the TRA will normally give at least 10 working days ' 
advance notice for the visit. There may be occasions where shorter notice is necessary, in those G/ADP/Q1/GBR/5 • G/SCM/Q1/GBR/5  
 
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  situations the TRA will liaise with the parties concern ed to explain why the shorter notice period is 
required and agree a date for the meeting.  
For remote verification the TRA will normally give at least 10 working days ' notice for the initial 
verification meeting(s) with the parties concerned. Should additio nal remote meetings be required 
to complete the verification process, these will be arranged with the parties concerned, but there is 
no minimum notice period for these.  
Question 8  
Upon completion of the verification report referenced in Part 6, Chapter 3,  Article 59, will 
interested parties subject to verification be able to comment on information in the 
verification report?  
Reply : 
A confidential version of the verification report will be sent to the party subject to the verification. 
They will be able to comment but  the TRA will have the discretion when deciding to make alterations 
suggested as this is a record of the verification undertaken by the case team. The party should then 
produce a non -confidential version of the verification report for the public  file, using the confidential 
version provided. The non -confidential version will be evaluated by the case team to ensure there is 
sufficient detail to allow other parties to understand the substance of the report.  
Question 9  
Part 6, Chapter 3, Article 60 states that the TRA may conduct facilitation visits. Please 
explain the difference between a verification visit and a facilitation visit.  
Reply : 
A verification visit, as set out in regulation 2 of the Trade Remedies (Dumping and Subsidisation) 
(EU Exit) Re gulations 2019, means a visit conducted by the TRA to any premises the principal 
purpose of which is to verify information supplied to it in or with a completed questionnaire referred 
to in regulation 54 (registration of interest and the issuing of questio nnaires). This would happen 
after the questionnaire deadline and before the publication of the "statement of essential facts ". 
A facilitation visit, as set out in regulation 2 of the Trade Remedies (Dumping and Subsidisation) 
(EU Exit) Regulations 2019, me ans a visit conducted by the TRA, other than a verification visit, for 
the purposes of facilitating the progress of an investigation. This may happen any time between 
initiation of a case and the publication of the "statement of essential facts ". 
The requirement to agree dates, agendas and attendees are the same for both types of visit. 
Regulation 58 sets out that the TRA must notify the person in question and the government of the 
relevant foreign country or territory of the information in advance of conducting such visits and 
cannot proceed if either party object.  
Question 10  
Part 6, Chapter 3, Article 62 states that the TRA must publish a statement of essential 
facts before making a final affirmative or final negative determination.  
a. What is the timef rame for the issuance of a statement of essential facts in a trade 
remedy proceeding?  
b. How much time in advance of the final affirmative or final negative determination 
will the statement of essential facts be issued?  
c. Is there an overall investigation timel ine codified in the United Kingdom's 
regulations?  G/ADP/Q1/GBR/5 • G/SCM/Q1/GBR/5  
 
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  Reply : 
a. Following an investigation, the TRA intends to  publish its statement of essential facts and 
make its final disclosure to interested parties at least one month before they make a final 
determination. The publication of a statement of essential facts is provided for in regulation 
62 of the dumping and subsidisation regulations.  
The TRA intend to make Final determinations made in relation to anti -dumping and 
countervailing investigations w ithin 11 months, but in no case more than 13 months, after 
initiation.  
In addition to the timeframes set out below, the TRA  will adhere to the relevant timeframes 
and requirements set out in the WTO 's Anti -Dumping Agreement, Subsidies and 
Countervailing Me asures Agreement, and Agreement on Safeguards.  
b. As per the above answer, the TRA  intends to publish its statement of essential facts and 
make its final disclosure to interested parties at least one month before they make a final 
determination.  
c. An overall investigation timeline is not codified in the United Kingdom 's regulations. The 
Secretary of State has issued guidance to the TRA on how long it should take conducting 
investigations, within the timeframes and requirements set out in WTO Agreements . 
In some cases, the TRA may not be able to meet the timeframes set out by the Secretary of 
State. This may be because of the complexity of a specific case, competing priorities across 
different cases, or while the TRA is operating in its start -up phase an d businesses are still 
familiarising themselves with the UK 's new system. Where  the TRA is unable to meet a 
generally applicable timeframe, it should publish a note to the relevant case file, providing 
an explanation of the delay and the new intended deliv ery date. When  the TRA is unable to 
meet a maximum timeframe, as specified in the relevant WTO Agreements, it should provide 
an explanation directly to the Secretary of State, due to the Government 's responsibilities 
to the WTO.  
Question 11  
With regard to Part 7, Chapter 1, Article 67, are expiry reviews automatically initiated 
after a certain time period (if so, please provide that time period) or must one be 
requested in order for an expiry review to be initiated?  
Reply : 
Expiry reviews of UK trade remedy measures will not be automatically initiated by the TRA after a 
certain time period. Part 7, regulation 70 of the "Dumping & Subsidy Regulations " set out that the 
TRA must notify interested parties of the expiry of the application of an anti -dumping amount  or a 
countervailing amount in sufficient time to allow interested parties to make an application for an 
expiry review. The TRA may only consider an application for an expiry review if it is made at least 
three months but not more than 12 months before the  scheduled expiry of the anti -dumping or 
countervailing trade remedy measure.  
Question 12  
Part 7, Chapter 1, Article 71 states that the TRA may conduct 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…" What duty, if any, will apply to a new exporter 
before the conclusion of a new exporter review?  
Reply : 
In line with the WTO Anti -Dumping Agreement no anti -dumping duties shall be levied on impor ts 
from such exporters or producers whilst a new exporter review is being conducted. Where  the TRA  
initiate a new exporter review in relation to an anti -dumping duty, the Secretary of State must G/ADP/Q1/GBR/5 • G/SCM/Q1/GBR/5  
 
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  suspend, by public notice, the collection of any anti -dumping  duty for the review applicant 's goods 
pending the outcome of the new exporter review. The review applicant 's goods may be subject to 
registration during this period to ensure that, should the new exporter review result in a 
determination of dumping, anti -dumping duties can be levied retroactively to the date of the 
initiation of the review.  
However countervailing duties shall be levied on imports from such exporters or producers whilst a 
new exporter review is being conducted.  In line with Article 19.3 of the Agreement on Subsidies and 
Countervailing Measures, any exporter whose exports are subject to a definitive countervailing duty 
but who was not actually investigated for reasons other than a refusal to cooperate, shall be entitled 
to an expedited review  in order that the investigating authorities promptly establish an individual 
countervailing duty rate for that exporter.  
Question 13  
Part 7, Chapter 2, Article 74 addresses scope reviews, and provides that the TRA "may 
conduct a review (a 'scope review') to consider whether the goods or the description of 
goods to which an antidumping amount or a countervailing amount is applicable should 
be varied." Does the United Kingdom also have a process to consider whether a product 
falls within the description of m erchandise covered by the anti -dumping or countervailing 
amount imposed?  
Reply : 
The Secretary of State will give notice of the measure, if the recommendation from the TRA is 
accepted, which will specify the description of the goods to which the measure wil l apply. This will 
include the commodity codes of the goods and a written description of the goods.  
If it subsequently emerges that other products which are being imported under similar circumstances 
may need to be covered by the measure – or that products  which are currently covered by the 
measure may need to be removed from the description of the goods, the TRA may carry out a scope 
review.  
Question 14  
With regard to transition reviews in Part 12:  
a. In the event a transition review results in a continuation of a measure, how long 
will the new measure be in effect?  
b. Where a determination is made to increase a measure, will interested parties 
have an opportunity to provide comments?  
c. If interested parties have an opportunity to provide comments befor e a 
determination is made, will those comments be addressed in public notices by 
the authority?  
Reply : 
a. In line with Article 11 of the WTO Anti -Dumping Agreement and Article 21 of WTO Agreement 
on Subsidies and Countervailing Measures, an anti -dumping or co untervailing duty shall 
remain in force only as long as and to the extent necessary to counteract dumping or 
subsidisation which is causing injury. The TRA may recommend a period for which any 
definitive anti -dumping or countervailing duty is to apply foll owing a transition review that 
extends more than five years after the appropriate date. The duty may be extended further 
if the TRA determine, in a review initiated before that date, that expiry of the duty would be 
likely to lead to continuation or recurr ence of dumping or subsidisation and injury.  
Where the Secretary of State accepts a recommendation to maintain a measure unchanged, 
or vary the measure, the Secretary of State will make a public notice giving effect to that G/ADP/Q1/GBR/5 • G/SCM/Q1/GBR/5  
 
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  recommendation specifying the pe riod for which the anti -dumping or the countervailing 
amount applies.  
b. Once the  TRA have completed the transition review, it will publish a Statement of Essential 
Facts through the online Trade Remedies Service. This will set out the intended final 
determin ation, which may include a determination to vary a measure, whether it should be 
either reduced or increased, a summary of the facts the TRA  have considered during the 
transition review and how these facts were used to reach the determination.  
The TRA  will inform interested parties of this and invite them to comment and provide 
evidence in relation to the statement with an agreed period. The TRA  will consider these 
comments before making their final determination.  
c. Any information provided to the TRA as part  of transition reviews will be treated as 
confidential where it is supplied on a confidential basis and shown why the TRA  should treat 
it this way.  
In all cases,  the TRA  will ask parties to submit a non -confidential summary of the information. The 
non-confidential summary should provide a reasonable summary of the substance and relevance of 
the confidential information. The TRA  will publish the non -confidential version through the 
Trade  Remedies Service.  
 
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