G/ADP/Q1/GBR/2  
G/SCM/Q1/GBR/2  
6 October  2020 
(20-6841) Page: 1/3 
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  
QUESTIONS POSED BY THE UNITED STATES REGARDING  
THE NOTIFICATION OF UNITED KINGDOM1 
The following communication dated 2 October  2020, is being circulated at the request of the 
delegation of the United States.  
 
_______________  
 
 
The United States thanks the United Kingdom for its notification of The Trade Remedies (Dumping 
and Subsidisation) (EU Exit) Regulations 2019  and poses the following questions:  
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.  
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?  
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 . 
Question 4 
Part 6, Chapter 1, Article  44 states that the Trade Remedies Authority (hereinafter "TRA") must 
"establish and maintain a file which is open to the public (a 'public  file') containing information , other 
than confidential information, wh ich the TRA considers material to the investigation. " 
a. Please clari fy 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, w hat 
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.  
 
1 G/ADP/N/1/GBR/1/Suppl.2  - G/SCM/N/1/GBR/1/Suppl.2 (dated 6  February  2020). For the sake of 
efficiency, the United States suggests that committee review for all questions be conducted in the Committee 
on Anti -Dumping Practices.  G/ADP/Q1/GBR/2 • G/SCM/Q1/GBR/2  
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  d. For how long w ill the public file be maintained and open for review?  
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 investig ation, the authorities shall notify 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 ? 
Question 6 
With regard to Part 6, Chapter 3, Article  54, a re foreign governments required to register for an 
investigation i f they want access to  investigation documents?  
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.  
Question 8 
Upon completion of the ver ification 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?  
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.  
Question 1 0 
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 timeframe 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 timeline codified in the U nited Kingdom 's regulations?  
Question 1 1 
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?  
Question 1 2 
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 o f a new 
exporter review ? G/ADP/Q1/GBR/2 • G/SCM/Q1/GBR/2  
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  Question 1 3 
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 U nited 
Kingdom  also have a process to consider whether a product falls within the description of 
merchandise covered by the anti -dumping or countervai ling amount imposed ? 
Question 1 4 
With regard to transition reviews in Part 12 : 
a. In the event a transition review result s 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 before a determination is 
made, w ill those comments be addressed in public notices  by the authority ? 
__________