G/ADP/N/1/GBR/1/Suppl.2  
G/SCM/N/1/GBR/1/Suppl.2  
6 February 2020  
(20-0962) Page: 1/97 
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  
UNITED KINGDOM  
Supplement  
The following notification, dated 5 February 2020 , is being circulated at the request of the delegation 
of the United Kingdom . 
 
_______________  
 
 
DUMPING AND SUBSIDI SATION  REGULATIONS  
STATUTORY INSTRUMENT S 
2019 No. 450  
EXITING THE EUROPEAN UNION  
CUSTOMS  
THE TRADE REMEDIES ( DUMPING AND SUBSIDISATION) (EU E XIT) REGULATIONS 201 9 
Made  at - - - - 5.05 p.m. on 4th March 2019  
Laid before the House of Commons  - - - -  5th March 2019  
Coming into force  - - - - 6th March 2019  
The Secretary of State for International Trade, in exercise of the powers conferred by sections 13, 
32(7) and (8), 51 and 56 of, and Schedule 4 to, the Taxation (Cross -border Trade) Act  2018 (1), 
makes the following Regulations.  
PART  1 INTRODUCTORY  
Citation, commencement and effect  
 1.—(1) These Regulations may be cited as the Trade Remedies (Dumping and Subsidisation) 
(EU Exit) Regulations 2019.  
 (2) These Regulations come into force on 6th March 2019.  G/ADP/N/1/GBR/1/Suppl.2 • G/SCM/N/1/GBR/1/Suppl.2  
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   (3) These Regulations have effect subject to the modifications in Part 13 until the TRA is 
established.  
 (4) Following the establishment of the TRA, any preliminary decision or determination made 
by the Secretary of State under Parts 7, 9, 11 and 12 of these Regulat ions as modified by Part 13, 
has effect as though it were a recommendation made by the TRA under the corresponding 
unmodified provision.  
 (5) Following the establishment of the TRA, anything done (or having effect as if done) by the 
Secretary of State in p ursuance of a transitional function has effect as if done by the TRA, so far as 
that is required for continuing its effect.  
 (6) Following the establishment of the TRA, anything done (or having effect as if done) in 
relation to the Secretary of State in co nnection with a transitional function has effect as if done in 
relation to the TRA, so far as that is required for continuing its effect.  
 (7) If, on the establishment of the TRA, anything is in the process of being done by or in 
relation to the Secretary of State in connection with a transitional function, it may, following the 
establishment of the TRA, be continued by or in relation to the TRA.  
 (8) A "transitional function" is a function which — 
(a) is conferred on the Secretary of State by the Part 13 th ese Regulations,  
(b) corresponds to a function that will, following the establishment of the TRA, be exercisable by the 
TRA under Parts 2 to 12 of these Regulations, and  
(c) following the establishment of the TRA, will not be exercisable by the Secretary o f State.  
Interpretation  
 2. In these Regulations – 
"absorption review" has the meaning given by regulation 72 (absorption review);  
"the Act" means the Taxation (Cross -border) Trade Act 2018;  
"applicant UK industry" has the meaning given by paragraph 9(1)(a)(i) of Schedule 4 to the Act;  
"application" means an application referred to in paragraph 9(1)(a) of Schedule 4 to the Act;  
"circumvention review" has the meaning given by regulation 73 (circumvention review);  
"comparable price" in relation to goods means the price of the goods, in the ordinary course of trade, 
destined for consumption in the exporting country or territory;  
"contributor" means a person other than an interested party who has made themselves known to 
the TRA for the purpose of participating in an investigation or a review;  
"expiry review" has the meaning given by regulation 70 (expiry review);  
"the export price" i n relation to goods means the price determined by the TRA in accordance with 
regulation 15 (export price);  
"exporting country or territory" has the meaning given by regulation  3 (exporting country or 
territory);  
"facilitation visit" means a visit conducted  by the TRA, other than a verification visit, for the purpose 
of facilitating the progress of an investigation;  G/ADP/N/1/GBR/1/Suppl.2 • G/SCM/N/1/GBR/1/Suppl.2  
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  "goods concerned" means the goods described in the relevant notice of initiation of a dumping 
investigation under regulation 65 (1) or of a subsi disation investigation under regulation 65 (2); 
"goods identified" means the goods in relation to which the applicant UK industry is requesting the 
TRA to conduct an investigation;  
"goods subject to review" means the goods described in the notice of initiat ion of a review under 
paragraph 1 of Schedule 3;  
"interested party" means — 
(a) a government of the relevant foreign country or territory;  
(b) an overseas exporter or importer of the goods concerned or the goods subject to review;  
(c) a trade or business as sociation of producers, overseas exporters or importers of the goods 
concerned or the goods subject to review;  
(d) a producer of the like goods in the United Kingdom; or  
(e) a trade or business association of UK producers of the like goods;  
"interim review " has the meaning given by regulation 69 (interim review);  
"investigation" means a dumping investigation or a subsidisation investigation;  
"minimal" means — 
(a) in the case of dumping, a dumping margin of less than 2  per cent  expressed as a percentage of 
the export price;  
(b) subject to paragraph (c), in the case of subsidisation, an amount of subsidy of less than 
1 per cent ad valorem ; or  
(c) where the exporting  country or territory is a developing foreign country or territo ry in 
sub-paragraph  (b), for 1  per cent  substitute 2  per cent ; 
"new exporter" has the meaning given by regulation 71 (new exporter review);  
"new exporter review" has the meaning given by regulation 71 (new exporter review);  
"non-confidential summary" has t he meaning given by regulation 45(6)(a);  
"period of investigation" means a period of at least one year ending as close as possible to the date 
of the initiation of the investigation or such other period as the TRA considers appropriate;  
prices are "depressed" or there is a "depressing" effect on prices where prices in the United Kingdom 
of the like goods are reduced;  
prices are "suppressed" or there is a "suppressing" effect on prices where price increases in the 
United Kingdom of the like goods, wh ich would otherwise have occurred, are prevented;  
"price undercutting" means the price of the goods concerned or the goods subject to review is lower 
than the price of the like goods in the United Kingdom;  
"review applicant" means a person who applies to t he TRA for the initiation of a review;  
"review application" means an application for a review made in accordance with Part 7;  
"scope review" has the meaning given by regulation 74 (scope review);  G/ADP/N/1/GBR/1/Suppl.2 • G/SCM/N/1/GBR/1/Suppl.2  
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  "statement of essential facts" has the meaning given by regu lation 62(1)(a) ; 
"statement of reasons" has the meaning given by regulation 45(6)(b);  
"subsidised imports" means goods that benefit from a countervailable subsidy that are imported into 
the United Kingdom;  
"UK producer" has the meaning given by regulation 29 (disregarding a producer for the purpose of 
the definition of a UK industry);  
"verification visit" 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 questionnaires);  
"working day" means any day except a Saturday or Sunday, Christmas Day, Good Friday or a bank 
holiday under section 1 of the Banking and Financial Deal ings Act 1971( 2). 
Meaning of "exporting country or territory"  
 3.—(1) For the purpose of these Regulations, the exporting country or territory of goods 
mean s the foreign country or territory from which the goods are exported.  
 (2) But the TRA may in appropriate circumstances consider the foreign country or territory of 
origin of the goods as the exporting country or territory where the goods are not exported directly 
to the United Kingdom from that foreign country or territory.  
(3) The circumstances referred to in paragraph (2) include circumstances where — 
(a) the goods are merely transhipped through the foreign country or territory from which they are 
directl y exported;  
(b) the goods are not produced in the foreign country or territory from which they are directly 
exported;  
(c) there is no comparable price in the foreign country or territory from which the goods are directly 
exported.  
Meaning of "negligible" i n relation to dumped goods  
 4. For the purpose of these Regulations, the volume of dumped goods is negligible where the 
exporting country or territory accounts for less than 3  per cent  of imports of the like goods imported 
into the United Kingdom, except w here the exporting countries or territories individually account for 
less than 3  per cent  of imports of the like goods imported into the United Kingdom but collectively 
account for more than 7  per cent  of imports of the like goods into the United Kingdom.  
Meaning of "negligible" in relation to subsidised imports  
 5.—(1) For the purpose of these Regulations, whether or not the volume of subsidised imports 
is negligible, in respect of an exporting country  or territory that is not a developing country or 
territory, is determined in accordance with paragraph (2), and in respect of an exporting country or 
territory that is a developing country or territory, is determined in accordance with paragraph (3).  
 (2) The volume of subsidised imports is negligible where the exporting country or territory 
that is not a developing country or territory accounts for less than 3  per cent  of imports of the like 
goods imported into the United Kingdom, except where the exporti ng countries or territories 
individually account for less than 3  per cent  of imports of the like goods imported into the United 
Kingdom but collectively account for more than 7  per cent  of imports of the like goods imported into 
the United Kingdom.  G/ADP/N/1/GBR/1/Suppl.2 • G/SCM/N/1/GBR/1/Suppl.2  
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   (3) Th e volume of subsidised imports is negligible where the exporting country or territory is 
a developing country or territory and imports from such a country or territory account for less than 
4%. of imports of the like goods imported into the United Kingdom,  except where the developing 
countries or territories individually accounts for less than 4  per cent  of imports of the like goods 
imported into the United Kingdom, but collectively account for more than 9  per cent  of imports of 
the like goods imported into  the United Kingdom.  
  G/ADP/N/1/GBR/1/Suppl.2 • G/SCM/N/1/GBR/1/Suppl.2  
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  PART 2 DUMPING  
CHAPTER 1 INTRODUCTI ON 
Purpose of Part 2  
 6.—(1) This Part applies where the TRA is required to determine whether goods have been or 
are being dumped into the United Kingdom in accordance with paragraph 1 of Schedule 4 to the Act.  
 (2) In order to make such a determination the TRA must — 
(a) determine the normal value of the goods concerned;  
(b) determine the export price of the goods concerned; and  
(c) carry out a fair comparison between the normal value and the export price to establish whether 
the export price is lower than the normal value.  
CHAPTER 2 DETERMINAT ION OF THE NORMAL VA LUE 
Normal value  
 7.—(1) The TRA must use the comparable price to determine the normal value unless it is not 
appropriate to use that price.  
 (2) For the purpose of paragraph 1(2) of Schedule 4 to the Act, it is not appropriate to use 
the comparable price to determine the normal value of the goods concerned where — 
(a) there are no sales of the like goods in the ordinary course o f trade in the domestic market of the 
exporting country or territory;  
(b) because, of a particular market situation or the low volume of sales in the domestic market of 
the exporting country or territory, such sales do not permit a proper comparison betwee n the like 
goods destined for consumption in the exporting country or territory and the goods concerned; or  
(c) the overseas exporter in the exporting country or territory does not sell the like goods on the 
domestic market of the exporting country or terr itory.  
 (3) For the purpose of paragraph ( 2)(b), the volume of sales of the like goods destined for 
consumption in the domestic market of the exporting country or territory is sufficient to permit a 
proper comparison where — 
(a) the sales constitute 5  per cent or more of the volume of sales of the goods concerned exported 
to the United Kingdom; or  
(b) the sales constitute less than 5  per cent  of the volume of sales of the goods concerned exported 
to the United Kingdom but the TRA considers they are sufficient.  
 (4) For the purpose of paragraph ( 2)(b), a "particular market situation" includes situations 
where — 
(a) prices are artificially low;  
(b) there is significant barter trade;  
(c) prices reflect non -commercial factors.  G/ADP/N/1/GBR/1/Suppl.2 • G/SCM/N/1/GBR/1/Suppl.2  
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  Alternative methodologies to determine the normal value  
 8.—(1) Where there is no comparable price, or it is not appropriate to use the comparable 
price in accordance with regulation 7(2), the TRA must determine the normal value of the goods — 
(a) by determining the costs of production plus a reasonable amount for ad ministrative, selling and 
general costs and for profits;  
(b) by determining the price of the like goods when exported to an appropriate third country or 
territory provided that price is representative (see regulation 10); or  
(c) in accordance with regulati on 14 (normal value in respect of imports from particular foreign 
countries and territories) where that regulation applies.  
 (2) Where regulation 7(2)(c ) applies, the TRA may also calculate the normal value on the 
basis of the data from other overseas exporters of the goods concerned in the exporting country or 
territory.  
The ordinary course of trade  
 9.—(1) The TRA may consider the sales of the like goods in the exporting country or territory 
as not being in the ordinary course of trade where — 
(a) the goods are sold at prices below the per unit (fixed and variable) costs of production plus 
administrative, selling and general costs;  
(b) the goods are sold between parties that the TRA considers to be associated unless the TRA is 
satisfied that th e relationship has no effect on prices; or  
(c) it otherwise considers it appropriate.  
 (2) For the purpose of paragraph (1)(a), the TRA may only regard such sales as not being in 
the ordinary course of trade where it considers that the sales are made — 
(a) within an extended period of time;  
(b) in substantial quantities; and  
(c) at prices which do not provide for the recovery of all costs within a reasonable period of time.  
 (3) For the purpose of paragraph  (2), the TRA may consider that prices provide for the 
recovery of costs within a reasonable period of time, even where they are below per unit costs at 
the time of sale, provided that they are above weighted average per unit costs for the period of 
investigation.  
 (4) For the purpose of this r egulation — 
(a) "per unit costs of production" means the total costs of production determined in accordance with 
regulation  11 (costs of production) divided by the production volume;  
(b) an "extended period of time" is normally one year but it may be as sho rt as six months if the 
TRA considers that appropriate;  
(c) sales below per unit costs are regarded as made in substantial quantities where the TRA 
establishes that — 
 (i) the weighted average selling price of the transactions under consideration for the 
determination of the normal value is below the weighted average per unit costs calculated by 
reference to the sales volume; or  G/ADP/N/1/GBR/1/Suppl.2 • G/SCM/N/1/GBR/1/Suppl.2  
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   (ii) the volume of sales below per unit costs represent not less than 20  per cent  of the volume 
sold in the transactions under con sideration for the determination of the normal value;  
(d) the "administrative, selling and general costs" means an amount calculated in accordance with 
regulation 12 (the amounts for administrative, selling and general costs and for profits) disregarding 
an amount for profits; and  
(e) parties are "associated" where they meet the definition of "related persons" in the Customs 
(Import Duty)  (EU Exit) Regulations 2018 (3) 
Appropriate third country or territory and representative price  
 10. For the purpose of making a determination under regulation 8(1)(b ), the TRA may take 
the following into account — 
(a) whether the volume of trade from the exporting country or territory to the third country or 
territory is similar to the volume of trade fr om the exporting country or territory to the United 
Kingdom;  
(b) whether the overseas exporter's sales to the third country or territory are in the ordinary course 
of trade; and  
(c) any other factors it considers relevant.  
Costs of production  
 11.—(1) The TRA must determine the costs of production of the like goods in the exporting 
country or territory for the purpose of regulation 8(1)(a ) in accordance with this regulation.  
 (2) Where paragraph (3) applies, costs of production of the like goods in the expo rting country 
or territory must normally be calculated by the TRA on the basis of records kept by the overseas 
exporter of the goods concerned.  
 (3) This paragraph applies where the records of the overseas exporter of the goods 
concerned — 
(a) are in accordance with generally accepted accounting principles of the exporting country or 
territory; and  
(b) reasonably reflect the costs associated with the production and sale of the like goods in the 
exporting country or territory.  
 (4) In making a determina tion under this regulation the TRA must — 
(a) consider any evidence on the proper allocation of costs provided that such allocations have been 
historically utilised by the overseas exporter, in particular in relation to establishing appropriate 
amortisation  and depreciation periods and allowances for capital expenditures and other 
development costs;  
(b) adjust costs where appropriate for non -recurring items of cost which benefit future or current 
production;  
(c) adjust costs where they are affected by start -up operations; and  
(d) take into account any other factors it considers relevant.  
 (5) Where the records of the overseas exporter do not meet the criteria in paragraph (3) the 
costs of production may be calculated by the TRA using any other reasonable basi s. G/ADP/N/1/GBR/1/Suppl.2 • G/SCM/N/1/GBR/1/Suppl.2  
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   (6) This regulation is subject to the TRA's power to make adjustments in accordance with 
regulation  13 (adjustments).  
 
The amounts for administrative, selling and general costs and for profits  
 12.—(1) The TRA must determine a reasonable amount for administrative, selling and general 
costs and for profits for the purpose of regulation  8(1)(a ) in accordance with this regulation.  
 (2) Subject to paragraph  (3), the TRA must determine reasonable amounts for the 
administrative, selling and general costs a nd for profits on the basis of the actual data pertaining to 
the production and sales by the overseas exporter of the like goods, in the ordinary course of trade, 
in the domestic market of the exporting country or territory.  
 (3) Where the TRA cannot deter mine reasonable amounts in accordance with paragraph (2), 
it may determine them on the basis of — 
(a) the actual amounts incurred and realised by the overseas exporter in question in respect of 
production and sales in the domestic market of the exporting co untry or territory of the same general 
category of goods;  
(b) the weighted average of the amounts incurred and realised by other overseas exporters subject 
to investigation in respect of production and sales of the like goods in the domestic market of the 
exporting country or territory; or  
(c) any other reasonable method provided that the amount for profit so established does not exceed 
the profit normally realised by other overseas exporters on sales of goods of the same general 
category in the domestic market of the exporting country or territory.  
 (4) This regulation is subject to the TRA's power to make adjustments in accordance with  
regulation  13 (adjustments).  
Adjustments  
 13.—(1) Where paragraph (3) applies, the TRA may for the purpose of paragraph (2), make 
adjustments to the amounts determined in accordance with regulation 11 (costs of production) or 
regulation 12 (the amounts for administrative, selling and general costs and for profits).  
 (2) The purpose of the adjustments made in accordance with this regulation is to calculate 
what the overseas exporter's costs and profits would be in the market of the exporting country or 
territory if costs, prices and profits in that marke t were substantially determined by market forces.  
 (3) This paragraph applies where the TRA considers that the amounts calculated in accordance 
with regulation 11 (costs of production) or regulation 12 (the amounts for administrative, selling 
and general c osts and for profits) are unrepresentative because they do not reasonably reflect the 
overseas exporter's production, administrative, selling or general costs or profits in a market if those 
costs and profits were substantially determined by market forces.  
 (4) In making adjustments the TRA may have regard to the following — 
(a) corresponding costs of production, administrative, selling, general costs and profits in an 
appropriate representative third country or territory;  
(b) international prices, costs or benchmarks; or  
(c) any other factors it considers relevant.  
 (5) For the purpose of paragraph  (4)(a), the TRA may determine whether a third country or 
territory is an appropriate representative third country or territory taking into account — G/ADP/N/1/GBR/1/Suppl.2 • G/SCM/N/1/GBR/1/Suppl.2  
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  (a) whether an d to what extent reliable information is made available to the TRA by overseas 
exporters in that country or territory at the time of selection of that country or territory;  
(b) whether the country or territory has a similar level of economic development to  the exporting 
country or territory; and  
(c) any other factors it considers relevant.  
 (6) For the purpose of this regulation, domestic costs, prices and profits are "substantially 
determined by market forces" where they are substantially determined by fre e market forces and 
the costs or prices in the domestic market are not artificially low as a result of factors including 
substantial government intervention.  
Normal value in respect of imports from particular foreign countries and territories  
 14.—(1) This regulation applies in respect of imports from exporting countries or territories — 
(a) that are not members of the WTO;  
(b) that are members of the WTO but the terms of their membership contain specific provisions 
regarding the determination of the nor mal value; or  
(c) where there is a complete or substantially complete monopoly of its trade and where all or 
substantially all domestic prices are fixed by the government.  
 (2) Where this regulation applies, the TRA may calculate the normal value of the go ods 
concerned — 
(a) on the basis of the comparable price;  
(b) in accordance with regulation 10 (appropriate third country or territory and representative price) 
or regulations 11 (costs of production) and 12 (the amounts for administrative, selling and gene ral 
costs and for profits); or  
(c) in accordance with paragraph (3) of this regulation.  
 (3) The normal value of the goods concerned may be determined — 
(a) on the basis of the costs of production of the like goods plus a reasonable amount for 
administrative, selling and general costs and for profits in an appropriate third country;  
(b) on the basis of the price of exports from a third country or territory to other foreign countries or 
territories provided that price is representative;  
(c) where paragraph  (1)(b) applies, in accordance with the terms of the membership in that 
paragraph; or  
(d) on any other basis the TRA considers is reasonable including the price actually paid or payable 
for the goods in the United Kingdom adjusted where nece ssary to include a reasonable profit margin.  
 (4) For the purpose of paragraph (3)(a), the TRA may determine whether a third country or 
territory is an appropriate third country or territory taking into account — 
(a) whether and to what extent reliable info rmation is made available to the TRA by overseas 
exporters in that country or territory at the time of selection;  
(b) whether the country or territory has a similar level of economic development to the exporting 
country or territory; and  
(c) any other fact ors it considers relevant.  G/ADP/N/1/GBR/1/Suppl.2 • G/SCM/N/1/GBR/1/Suppl.2  
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  CHAPTER 3  DETERMINATION OF THE  EXPORT PRICE  
Export price  
 15.—(1) Subject to paragraph (3), the export price is the price the goods concerned are sold 
for, or the agreed price at which they are to be sold, to either — 
(a) an importer in the United Kingdom; or  
(b) a third party outside of the United Kingdom for export to the United Kingdom ("third party").  
 (2) This paragraph applies where there is no export price or the TRA determines that the price 
is unreliable because of an  association or a compensatory arrangement between the overseas 
exporter and the importer of the goods concerned in the United Kingdom or the overseas exporter 
and a third party.  
 (3) Where paragraph (2) applies, the TRA may construct the export price in a ccordance with 
paragraph  (4). 
 (4) The TRA may construct the export price on the basis of — 
(a) the price at which the goods concerned are first sold to an independent buyer in the United 
Kingdom; or  
(b) where the goods concerned are not resold to an indepe ndent buyer in the United Kingdom, or 
are not resold in the condition as imported, on such other reasonable basis as the TRA determines.  
 (5) Where the export price of the goods concerned is constructed in accordance with 
paragraph  (4), the TRA may make ad justments — 
(a) for actual costs incurred by the importer or exporter of the goods concerned in the United 
Kingdom; and  
(b) for profits that would usually be accrued by an importer of the goods concerned in the United 
Kingdom that is not an associate of or does not have a compensatory arrangement with the overseas 
exporter.  
 (6) The adjustments that the TRA may make in accordance with paragraph (5) include 
adjustments in relation to — 
(a) transport costs;  
(b) insurance;  
(c) handling, loading and ancillary cos ts; 
(d) import duties;  
(e) any taxes payable in the United Kingdom by reason of the importation or resale of the goods in 
the United Kingdom;  
(f) a reasonable margin for profit as determined by the TRA;  
(g) selling, general and administrative costs;  
(h) any other costs incurred in the importation and resale of the goods.  G/ADP/N/1/GBR/1/Suppl.2 • G/SCM/N/1/GBR/1/Suppl.2  
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   (7) For the purpose of this regulation — 
(a) there is an "association" where the parties meet the definition of "related persons" in the Customs 
(Import Duty) (EU Exit) Regulations 2018  (4); 
(b) a person is an "independent buyer" in relation to an overseas exporter if there is no association 
between the buyer and the overseas exporter.  
CHAPT ER 4 COMPARISON BETW EEN THE NORMAL VALUE  AND THE EXPORT PRIC E 
Comparison  
 16.—(1) A comparison for the purpose of regulation 6(2)(c ) must be made — 
(a) by reference to the same level of trade, normally the ex -factory level, or where that is not 
possible (because, for example, that information is not available for both the normal value and the 
export price at that level) such other level as the TRA considers appropriate; and  
(b) in respect of sales made at as near as possible the same time.  
 (2) To ensure the comparison is fair, the TRA may make adjustments for any differences which 
affect price comparability including differences relating to — 
(a) conditions and terms of sale;  
(b) taxation;  
(c) levels of trade;  
(d) quantities;  
(e) physical characte ristics.  
Methodologies for comparing the normal value and the export price  
 17.—(1) The TRA must make the comparison for the purpose of regulation 6(2)(c ) by 
comparing — 
(a) the weighted average normal value with the weighted average of prices of all compar able export 
transactions;  
(b) the normal value and export prices on a transaction by transaction basis; or  
(c) where paragraph (2) applies, a weighted average normal value to individual export transactions.  
 (2) This paragraph applies where — 
(a) the TRA finds a pattern of export prices which differ significantly among different importers or 
purchasers in the United Kingdom, parts of the United Kingdom or time periods; and  
(b) the TRA is satisfied that these differences cannot be taken into account appropriately by using 
either of the methodologies in paragraph  (1)(a) or (1)(b). 
Currency conversion  
 18.—(1) This regulation applies where the TRA is required to make a comparison between the 
normal value and the export price for the purpose of regulation 6(2)(c ). G/ADP/N/1/GBR/1/Suppl.2 • G/SCM/N/1/GBR/1/Suppl.2  
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   (2) Subject to paragraphs (3) and (4), where the TRA is required to make a currency 
conversion i n order to carry out the comparison referred to in paragraph (1), it must use the rate of 
exchange on the date of sale of the goods.  
 (3) When a sale of foreign currency on forward markets is directly linked to the export sale 
involved, the TRA must use th e applicable rate in the forward sale of the goods.  
 (4) In conducting a currency conversion, the TRA — 
(a) must disregard short -term fluctuations in exchange rates; and  
(b) may consider sustained movements in exchange rates during the period of investigati on, 
provided that it allows overseas exporters at least 60 days to adjust their export prices to reflect 
such movements.  
 (5) For the purpose of this regulation — 
(a)"the rate of exchange" means the currency exchange rate that the TRA considers to be most 
appropriate taking into account, among other things, the material terms of the sale; and  
(b) the TRA may treat the "date of sale" for the purpose of paragraph (2) as the date of either the — 
 (i) invoice;  
 (ii) contract ; 
 (iii) purchase  order; or  
 (iv) order confirmation , 
that establishes the material terms of sale.  
  G/ADP/N/1/GBR/1/Suppl.2 • G/SCM/N/1/GBR/1/Suppl.2  
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  PART 3 SUBSIDISATION  
CHAPTER 1 INTRODUCTI ON 
Purpose of Part 3  
 19.—(1) The TRA is to determine, in accordance with paragraph 3 of Schedule 4 to the Act 
and this Part, whether goods tha t are imported into the United Kingdom are subsidised.  
 (2) In carrying out that determination, the TRA must determine — 
(a) whether a countervailable subsidy within the meaning of paragraph 3 of Schedule 4 to the Act 
exists in relation to goods; and  
(b) th e amount of the subsidy that is attributed to those goods.  
 (3) For the purpose of paragraph (2)(a), the TRA must determine whether — 
(a) a subsidy exists in accordance with paragraph 3(3) of Schedule 4 to the Act and for the purpose 
of regulations  20 (meaning of financial contribution by a foreign authority) and 21 (benefit 
conferred); and  
(b) the subsidy is specific in accordance with regulation 22 (specificity).  
CHAPTER 2  DETERMINATION OF WHE THER THERE IS A COUN TERVAILABLE SUBSIDY  
Meaning of financial contribution by a foreign authority  
 20.—(1) For the purpose of paragraph 3 of Schedule 4 to the Act, a foreign author ity makes 
a financial contribution where — 
(a) the practice of a foreign authority involves a direct or potential direct transfer of funds or 
liabilities;  
(b) subject to paragraph ( 2), revenue otherwise due to a foreign authority is foregone or is not 
collected;  
(c) a foreign authority provides goods or services other than general infrastructure;  
(d) a foreign authority purchases goods; or  
(e) a foreign authority makes payments to a funding mechanism or entrusts or directs a private 
body to undertake on e or more of the type of functions in sub -paragraphs (a) to (d), which would 
normally be vested in the foreign authority, and the practice in no real sense differs from practices 
normally followed by foreign authorities.  
 (2) Where revenue due is foregone or not otherwise collected, the TRA may determine that 
no financial contribution has been made and in doing so the TRA must, in particular, have regard to 
footnote 1 and Annexes I to III to the Agreement on Subsidies and Countervailing Measures (being 
part of Annex 1A to the WTO Agreement)  (5). 
 (3) For the purpose of — 
(a) paragraph  (1)(a), the direct or potential direct transfer of funds includes grants, loa ns, equity 
infusions and loan guarantees;  G/ADP/N/1/GBR/1/Suppl.2 • G/SCM/N/1/GBR/1/Suppl.2  
- 15 - 
  (b) paragraph  (1)(b), revenue otherwise due, which is foregone, includes fiscal incentives such as 
tax credits.  
Benefit conferred  
21.—(1) The TRA is to determine whether a financial contribution by a foreign authority confers a 
benefit for the purpose of paragraph 3 of Schedule 4 to the Act in accordance with this regulation.  
 (2) The TRA must determine whether a person has directly or indirectly had a benefit conferred 
by a financial contribution or income or  price support within the meaning of Article XVI of the General 
Agreement on Tariffs and Trade 1994 (being part of Annex 1A to the WTO Agreement).  
 (3) Where a foreign authority provides equity, the TRA may determine that a benefit is 
conferred where it co nsiders that the investment decision is inconsistent with the usual investment 
practice, including for the provision of risk capital, of private investors in the foreign country or 
territory where the financial contribution was granted.  
 (4) Where a foreig n authority grants a loan, the TRA may determine that a benefit is conferred 
where it considers there is a difference between the amount that the recipient receiving the loan 
pays on the loan from the foreign authority and the amount that the recipient wou ld pay for a 
comparable commercial loan which the recipient could actually obtain on the market.  
 (5) When making a determination under paragraph (4), the TRA may make adjustments for 
fees payable by the recipient to receive the loan.  
 (6) Where a foreign authority guarantees a loan, the TRA may determine that a benefit is 
conferred where it considers there is a difference between the amount that the recipient receiving 
the guarantee pays on a loan guaranteed by the foreign authority and the amount that the  recipient 
would pay on a comparable commercial loan in the absence of the government guarantee.  
 (7) When making a determination under paragraph ( 6), the TRA may make adjustments for 
fees payable by the recipient to receive the guarantee.  
 (8) Where a for eign authority makes a financial contribution by way of the provision of goods 
or services, the TRA may determine that a benefit is conferred where the remuneration for the goods 
or services is inadequate, as determined by reference to the prevailing marke t terms and conditions 
for the goods or service in the foreign country or territory where the financial contribution was made.  
 (9) Where a foreign authority makes a financial contribution by way of the purchase of goods, 
the TRA may consider that a benefi t is conferred where the remuneration paid by the foreign 
authority for the goods is more than adequate, as determined by reference to the prevailing market 
terms and conditions for the goods in the foreign country or territory where the financial contribu tion 
was made.  
 (10) For the purpose of paragraphs ( 8) and ( 9), in considering whether remuneration is 
inadequate or more than adequate the TRA may have regard to price, quality, availability, 
marketability, transportation and other conditions of purchase or sale.  
 (11) For the purpose of this regulation, where the TRA considers that the prevailing market 
terms and conditions for the goods or services in question in the foreign country or territory are not 
an appropriate benchmark, the TRA may — 
(a) adjust the terms and conditions on the basis of actual costs, prices and other factors available 
in that country or territory, by an appropriate amount which reflects normal market terms and 
conditions; or  
(b) use the terms and conditions prevailing in th e market of another foreign country or territory or 
on the world market, which would be available to the recipients.  G/ADP/N/1/GBR/1/Suppl.2 • G/SCM/N/1/GBR/1/Suppl.2  
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  Specificity  
 22.—(1) The TRA must determine whether a subsidy is specific for the purpose of paragraph 
3 of Schedule 4 to the Act in accordance with this regulation.  
 (2) In order to determine whether or not a subsidy is specific, the TRA must consider 
whether — 
(a) the subsidy is explicitly — 
 (i) in terms of access, limited to certain enterprises or industries;  
 (ii) contingent  on expor t performance;  
 (iii) contingent on the use of domestic over imported goods;  
 (iv) limited to a specific  geographical region within the jurisdiction of the granting authority; 
or 
(b) the subsidy is in fact applied in a specific manner.  
 (3) For the purpose  of paragraph (2)(b), the circumstances in which a subsidy is in fact applied 
in a specific manner include — 
(a)where it is or has been used or granted disproportionately to certain enterprises or industries or 
regions;  
(b)where there is discretion as to it s granting, such discretion has been exercised in favour of specific 
enterprises or industries or regions.  
 (4) When determining whether or not a subsidy is specific, in addition to the matters referred 
to in paragraph (2), the TRA must consider — 
(a) wheth er the foreign authority establishes objective criteria or conditions governing the eligibility 
for and the amount of the subsidy;  
(b) whether the criteria or conditions are clear and verifiable;  
(c) whether the terms of the subsidy are strictly adhered to ; 
(d) whether eligibility for the subsidy is automatic; and  
(e) any other factors it considers relevant.  
 (5) For the purpose of this regulation — 
(a) the setting  or changing of generally applicable tax rates by all levels of government entitled to 
do so sh all not be deemed to be a specific subsidy;  
(b) "objective criteria or conditions" means criteria or conditions that are neutral, do not favour 
certain industries or enterprises over others, and which are economic in nature and horizontal in 
application, s uch as the number of employees or size of enterprises;  
(c) a subsidy is contingent on export performance where, in law or in fact and whether solely or as 
one of several conditions, it is tied to actual or anticipated exportation or export earnings, but the 
mere fact that a subsidy is granted to enterprises which export does not for that reason alone mean 
the subsidy is contingent on export performance;  
(d) a subsidy is contingent on the use of domestic over imported goods where, in law or i n fact, and 
whether solely or as one of several conditions, it is tied to the use of domestic over imported goods.  G/ADP/N/1/GBR/1/Suppl.2 • G/SCM/N/1/GBR/1/Suppl.2  
- 17 - 
   (6) When determining whether a subsidy is a subsidy that is contingent on export performance 
the TRA must, in particular, have regard to footnote 1 and Annexes I to III to the Agreement on 
Subsidies and Countervailing Measures (being part of Annex 1A to the WTO Agreement).  
CHAPTER 3 CALCULATIO N OF THE AMOUNT OF S UBSIDY THAT MAY BE  
ATTRIBUTED TO THE SU BSIDISED IMPORTS  
Calculation steps  
 23.—(1) The TRA must calculate the amount of subsidy attributable to goods.  
 (2) In order to make its calculation the TRA must determine — 
(a) the total amount of the countervailable subsidy in accordance with regulation 24 (determination 
of the amount of bene fit conferred);  
(b) the amount of the countervailable subsidy that is attributable to the period of investigation in 
accordance with regulation 25 (determination of the amount of the countervailable subsidy that is 
attributable to the period of investigati on); and  
(c) which goods the countervailable subsidy may be allocated to during the period of investigation 
in accordance with regulation 26 (determination of the goods the subsidy is attributable to during 
the period of investigation).  
 (3) The TRA must d etermine the rate of subsidy attributable to the goods by dividing the 
countervailable subsidy amount determined in accordance with regulation 25 (determination of the 
amount of subsidy that is attributed to the period of investigation) by the value of goo ds determined 
in accordance with regulation 26 (determination of the goods the subsidy is attributable to during 
the period of investigation).  
 (4) The amount of the subsidy must be expressed as an ad valorem rate of the value of the 
subsidised imports.  
 (5) Where an overseas exporter benefits, directly or indirectly, from more than one 
countervailable subsidy during the period of investigation, the TRA must follow the steps in 
paragraphs ( 2) to (4) for each of those subsidies.  
 (6) For the purpo se of paragraph 4(4) of Schedule 4 to the Act, the specified period is the 
period of investigation.  
Determination of the amount of benefit conferred  
 24.—(1) The TRA must determine the total amount of benefit conferred by the countervailable 
subsidy taking  into account the type of subsidy and any other factors the TRA considers relevant.  
 (2) In the circumstances referred to in — 
(a) regulation 21(4), the benefit is the difference between the amount paid on the government loan 
and the amount that would be pa id for a comparable commercial loan which the recipient could 
actually obtain on an open market; or  
(b) regulation 21(6) , the benefit is the difference between the amount paid on the loan guaranteed 
by the government and the amount that would be paid on a comparable commercial loan on an open 
market in the absence of the government guarantee.  
 (3) The TRA must deduct from the amount of benefit conferred by the countervailable 
subsidy — G/ADP/N/1/GBR/1/Suppl.2 • G/SCM/N/1/GBR/1/Suppl.2  
- 18 - 
  (a) any application fees or other costs necessarily incurred to qualify  for or obtain the countervailable 
subsidy; and  
(b) export taxes, duties, or other charges levied on the export of the goods to the United Kingdom 
intended to offset the countervailable subsidy.  
Determination of the amount of the countervailable subsidy th at is attributable to the 
period of investigation  
 25.—(1) Subject to paragraphs ( 2) to (4), the amount of the countervailable subsidy that is 
attributable to the period of investigation is the total amount received in the period of investigation.  
 (2) Whe re a qualifying countervailable subsidy is not received during the period of 
investigation, but part of it is attributable to the period of investigation, the part that is attributable 
to the period of investigation must be included in the subsidy amount.  
 (3) Where a qualifying countervailable subsidy is received during the period of investigation, 
but only part of it is attributable to the period of investigation, the part that is attributable to the 
period of investigation must be included in the subsidy  amount.  
 (4) For the purpose of paragraphs ( 2) and ( 3), a "qualifying countervailable subsidy" is one 
which has a value of at least 1  per cent  of all the sales of the goods to which the countervailable 
subsidy is attributable.  
Determination of the goods the subsidy is attributable to during the period of investigation  
 26.—(1) Subject to paragraphs ( 2) to (5), the subsidy attributable to the per iod of 
investigation must be attributed to all of the sales of goods during the period of investigation.  
 (2) Where the TRA considers that the countervailable subsidy received is linked to a specific 
category of goods, then the TRA must attribute the subsi dy to those goods.  
 (3) Where the TRA considers a countervailable subsidy is linked to the export of particular 
goods, the TRA must attribute the subsidy to all of the exports of those particular goods during the 
period of investigation.  
 (4) Where the TRA  considers a countervailable subsidy is linked to the sale of particular goods, 
the TRA must attribute the subsidy to all of those goods sold during the period of investigation.  
 (5) Where the TRA considers a countervailable subsidy is linked to sales to a  particular market, 
the TRA must attribute the subsidy to all of the goods sold to that market during the period of 
investigation.   G/ADP/N/1/GBR/1/Suppl.2 • G/SCM/N/1/GBR/1/Suppl.2  
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  PART 4 INJURY AND CA USATION  
Determination of injury and causation in accordance with this Part  
 27.—(1) This Part applies wh ere the TRA is required to determine whether dumped goods or 
subsidised imports have caused or are causing injury to UK industry in accordance with paragraph  5 
of Schedule 4 to the Act.  
 (2) Where the TRA has determined that goods have been or are being du mped (in accordance 
with Part 2) or goods that have been or are being imported into the United Kingdom benefit from a 
countervailable subsidy (in accordance with Part 3) it must determine whether — 
(a) a UK industry has suffered or is suffering injury in ac cordance with regulation 30 (determination 
of injury); and  
(b) the dumped goods or subsidised imports, as the case may be, have caused or are causing that 
injury to that UK industry.  
Meaning of threat of material injury  
 28.—(1) For the purpose of paragraph 5 of Schedule 4 to the Act, "threat of material injury" 
means injury which, although it has not yet occurred, is clearly foreseen and imminent.  
 (2) In determining whether there is a threat of material injury, the TRA may consider, among 
other th ings— 
(a) the extent to which any significant rate of increase in the volume of the importation of the 
dumped goods or subsidised imports into the United Kingdom indicates a likelihood of substantially 
increased importation;  
(b) whether the overseas export er has sufficient freely disposable, or an imminent substantial 
increase in, capacity indicating that there is a likelihood of substantially increased importation of the 
dumped goods or subsidised imports into the United Kingdom taking into account the ava ilability of 
other export markets to absorb the additional exports of those goods;  
(c) whether the dumped goods or subsidised imports are entering the United Kingdom at prices 
which will have a significant depressing or suppressing effect on prices of the like goods in the United 
Kingdom and whether such prices are likely to increase the demand for further imports of the goods 
concerned;  
(d) the inventories of the overseas exporters of the goods concerned; and  
(e) in the case of subsidies only, the nature o f the subsidy and the trade effects that the TRA 
determines are likely to arise from that subsidy.  
Disregarding a producer for the purpose of the definition of a UK industry  
29.—(1) This regulation applies where the TRA is considering whether a producer is  a "producer in 
the United Kingdom of like goods" ("UK producer") for the purpose of the definition of a "UK industry" 
in paragraph 6 of Schedule 4 to the Act.  
 (2) The TRA may determine that a producer is not a UK producer where that producer is — 
(a) an i mporter of the goods concerned;  
(b) related to an overseas exporter of the goods concerned in the exporting country or territory; or  
(c)related to an importer of the goods concerned in the United Kingdom.  G/ADP/N/1/GBR/1/Suppl.2 • G/SCM/N/1/GBR/1/Suppl.2  
- 20 - 
   (3) For the purpose of paragraph (2), a producer is "related" to another person ("P") if — 
(a) the producer controls directly or indirectly, or is controlled directly or indirectly by, P; or  
(b) the producer and P together control the same third party directly or indirectly or are controlled 
directly or indirectly by the same third party.  
 (4) The TRA may only determine that a producer is not a UK producer where the producer is 
related to P and the TRA considers that the effect of the relationship is such as to cause that producer 
to behave differently to the other unrelated producers of the like goods in the United Kingdom.  
 (5) For the purpose of this regulation, one entity is considered to control another entity, 
directly or indirectly, where it is legally or operationally in a po sition to exercise restraint or direction 
over the other.  
Determination of injury  
 30.—(1) For the purpose of this Part, the TRA must determine whether a UK industry has 
suffered or is suffering injury during the injury period.  
 (2) In order to determine w hether a UK industry is suffering or has suffered injury the TRA 
must consider — 
(a) the volume of the dumped goods or subsidised imports during the injury period;  
(b) the effect of the dumped goods or subsidised imports on prices of the like goods in the U nited 
Kingdom during the injury period;  
(c) the consequent impact of the dumped goods or subsidised imports on a UK industry during the 
injury period; and  
(d) any other factors it considers relevant.  
 (3) The TRA must conduct its examination only by refere nce to data that relates to the 
production of the like goods in the United Kingdom which are not exported from the United Kingdom, 
but where data relating to the like goods cannot be separated from data relating to a wider category 
of goods, which includes  the like goods, the TRA may use the data relating to that wider category of 
goods.  
 (4) For the purpose of this Part, the "injury period" is the period of investigation taking account 
of developments in the three twelve month periods preceding the period of that investigation unless 
the TRA considers that it is appropriate to use an alternative period, in which case the injury period 
means that alternative period.  
The volume of the dumped goods or subsidised imports  
 31. In considering the volume of dumped  goods or subsidised imports during the injury period 
for the purpose of regulation 30(2)(a ), the TRA must consider whether there has been a significant 
increase in the dumped goods or subsidised imports in the United Kingdom either in absolute terms 
or relative to domestic production or consumption.  
The effect of the dumped goods or subsidised imports on prices  
 32. In considering, for the purpose of regulation 30(2)(b ), the effect of the dumped goods or 
subsidised imports on prices of the like goods in the United Kingdom during the injury period the 
TRA must consider whether — 
(a) there has been significant price undercutting by the dumped goods or subsidised imports as 
compared with the price of the like goods produced in the United Kingdom; or  G/ADP/N/1/GBR/1/Suppl.2 • G/SCM/N/1/GBR/1/Suppl.2  
- 21 - 
  (b) the d umped goods or subsidised imports have depressed or suppressed domestic prices of the 
like goods produced in the United Kingdom to a significant degree.  
The impact of the dumped goods or subsidised imports on a UK industry  
 33. In considering, for the purp ose of regulation 30(2)(c ), the consequent impact of the 
dumped goods or subsidised imports on a UK industry, the TRA must take into account all relevant 
economic factors and indices having a bearing on the UK industry including — 
(a) actual and potential d ecline in sales, profits, output, market share, productivity, return on 
investments or utilisation of capacity;  
(b) factors affecting domestic prices of the like goods;  
(c) in the case of dumping, the magnitude of the margin of dumping;  
(d) actual and potential negative effects on cash flow, inventories, employment, wages, growth, the 
ability to raise capital or investments.  
Cumulation  
 34.—(1) This regulation applies where goods from more than one foreign country or territory 
are subject to simultaneous dumping or subsidisation investigations by the TRA.  
 (2) Where this regulation applies, the TRA may cumulatively assess the effects of all the 
dumped goods or subsidised imports, as the case may be, pursuant to paragraph 5(4) of Schedule  4 
to the Act, provided that — 
(a) the amount of dumping or subsidisation established in relation to the dumped goods or subsidised 
imports from each foreign country or territory is more than minimal;  
(b) the volume of the dumped goods or subsidised imports impor ted from each foreign country or 
territory is not negligible; and  
(c) the TRA considers that a cumulative assessment is appropriate in light of the conditions of 
competition.  
 (3) For the purpose of paragraph (2)(c), the TRA must consider the conditions of  competition 
between — 
(a) the imports of the dumped goods or subsidised imports from different sources; and  
(b) the dumped goods or subsidised imports and the like goods in the United Kingdom.  
Causation and non -attribution  
 35.—(1) For the purpose of makin g a determination under regulation 27(2)(b ), the TRA must 
examine whether any known factors other than the dumped goods or subsidised imports ("other 
known factors") have caused or are causing injury to a UK industry.  
 (2) Injury caused by other known fact ors must not be attributed to the dumped goods or 
subsidised imports.  
 (3) For the purpose of paragraph (2), other known factors may include — 
(a) the volume and the prices of imports that are not dumped or subsidised into the United Kingdom;  
(b) contraction in demand or changes in the pattern of consumption of the like goods in the United 
Kingdom;  G/ADP/N/1/GBR/1/Suppl.2 • G/SCM/N/1/GBR/1/Suppl.2  
- 22 - 
  (c) trade restrictive practices of and competition between the overseas exporters and the UK 
industry;  
(d) developments in technology;  
(e) the export pe rformance and productivity of the UK industry.   G/ADP/N/1/GBR/1/Suppl.2 • G/SCM/N/1/GBR/1/Suppl.2  
- 23 - 
  PART 5 THE LEVEL OF AN ESTIMATED ANTI -DUMPING OR COUNTERVAIL ING AMOUNT OR 
ANTI -DUMPING OR COUN TERVAILING AMOUNT  
Determination of an adequate amount to remove the injury  
 36.—(1) Pursuant to paragraphs 14(4) a nd 18(7) of Schedule 4 to the Act, the TRA is to 
determine the anti -dumping amount or countervailing amount (or in the case of a provisional 
remedy, estimated anti -dumping amount or estimated countervailing amount) that is adequate to 
remove the injury cau sed to a UK industry by dumped goods or subsidised imports in accordance 
with this regulation ("relevant amount").  
 (2) The TRA must determine the relevant amount which it is satisfied is necessary to prevent 
injury to UK industry based on an assessment of  the minimum increase in import prices of the 
dumped goods or subsidised imports that would remove injury.  
 (3) Subject to paragraph ( 4), the TRA must take into account any information it considers 
relevant in order to calculate the relevant amount.  
 (4) The TRA must disregard factors other than the importation of the dumped goods or 
subsidised imports that caused or are causing injury to UK industry when making its determination.  
 (5) Where the amount determined in accordance with this regulation is l ess than 2  per cent  
of the price of the imports then the TRA must disregard that amount and the amount adequate to 
remove the injury is zero.  
Determination of the anti -dumping amount or countervailing amount for non -sampled 
overseas exporters  
 37.—(1) For the purpose of this regulation a "non -sampled overseas exporter" is an overseas 
exporter that — 
(a) co -operated with the TRA's investigation; and  
(b) was not selected by the TRA to be part of a sample selected in accordance with regulations 56 
(the use of sampling in respect of Part 2 of these Regulations) or 57 (the use of sampling in respect 
of Parts 3, 4 and 5 of these Regulations).  
 (2) Where the TRA has limited its examination in accordance with regulation 56 (the use of 
sampling in respect of Part 2 of these Regulations) or 57 (the use of sampling in respect of Parts 3, 
4 and 5 of these Regulations) the TRA must determine an anti -dumping amount or a countervailing 
amount for non -sampled overseas exporters (or in the case of a provisional remedy, est imated anti -
dumping amount or estimated countervailing amount) ("a non -sampled overseas exporter amount").  
 (3) Subject to paragraph (5), the non -sampled overseas exporter amount is the weighted 
average of the amounts determined for the overseas exporters in the sample.  
 (4) When determining the weighted average of the amounts determined for the overseas 
exporters within the sample, the TRA must disregard amounts determined in respect of overseas 
exporters who the TRA has determined are non -cooperating in a ccordance with regulation 49 (non-
cooperation).  
 (5) Where the TRA has calculated an individual anti -dumping amount or countervailing amount 
in accordance with regulations 56(7) or 57(5) in respect of a particular overseas exporter then the 
anti-dumping am ount or countervailing amount determined for that overseas exporter is the amount 
calculated by the TRA pursuant to those regulations.  G/ADP/N/1/GBR/1/Suppl.2 • G/SCM/N/1/GBR/1/Suppl.2  
- 24 - 
  Determination of a residual amount  
 38.—(1) The TRA must determine an anti -dumping amount or a countervailing amount (or in 
the case of a provisional remedy, estimated anti -dumping amount or estimated countervailing 
amount) (a "residual amount") for overseas exporters to which this regulation applies.  
 (2) This regulation applies to an overseas exporter where — 
(a) the TRA ha s not determined an individual anti -dumping amount or countervailing amount (or in 
the case of a provisional remedy, estimated anti -dumping amount or estimated countervailing 
amount) for that overseas exporter; and  
(b) the exporter is not a non -sampled ove rseas exporter within the meaning of regulation 37 
(determination of the anti -dumping amount or countervailing amount for non -sampled overseas 
exporters).  
 (3) The TRA may determine the residual amount using any reasonable means.  
 (4) When determining the residual amount pursuant to this regulation the TRA may take 
account of any information available including — 
(a) information contained in the application;  
(b) information received from other interested parties during the investigation including other 
overs eas exporters;  
(c) published price lists;  
(d) official import statistics or customs returns;  
(e) relevant data pertaining to the world market or other representative markets.   G/ADP/N/1/GBR/1/Suppl.2 • G/SCM/N/1/GBR/1/Suppl.2  
- 25 - 
  PART 6 INITIATION AN D CONDUCT OF AN INVE STIGATION  
CHAPTER 1 GENERAL PROVISIONS AND THE U SE OF INFORMATION  
Purpose of Part 6  
 39. Pursuant to paragraphs 9, 10, 29 and 31 of Schedule 4 to the Act, the initiation and 
conduct of investigations are subject to this Part.  
General provisions  
 40.—(1) Subject to any contrary provis ion made in this Part, the TRA may do anything it 
considers appropriate in connection with the exercise of any of its functions in accordance with these 
Regulations.  
 (2) In particular, the TRA may — 
(a) consider information supplied to it by any person;  
(b) request that any person supply information to it;  
(c) set time limits for responses to its requests and vary such time limits;  
(d) specify the format or structure of responses to its requests;  
(e) accept information supplied to it outside any applicable time limit.  
Revision of scope of an investigation  
 41.—(1) This regulation applies after the TRA has published a notice of its determination to 
initiate an investigation in accordance with paragraph 9(5)(d) or (6)(c) of Schedule 4 to the Act.  
 (2) Subject to paragraphs (3) and (4), the TRA must not revise the scope of an investigation.  
 (3) The TRA may revise the scope of a dumping investigation so as to amend — 
(a) the description of the goods concerned; or  
(b) the period of investigation,  
where it has provided interested parties and contributors with reasons for the proposed revision and 
has given them an opportunity to comment.  
 (4) The TRA may revise the scope of a subsidisation investigation so as to — 
(a) amend the description of the goods concerned;  
(b) include alleged subsidies not referred to in the notice of initiation; or  
(c) amend the period of investigation,  
where it has provided interested parties and contributors with reasons for the proposed revision and 
has given them an opportunity to comm ent. 
 (5) In determining whether to revise the scope of an investigation under paragraph (3) or (4), 
the TRA must consider — G/ADP/N/1/GBR/1/Suppl.2 • G/SCM/N/1/GBR/1/Suppl.2  
- 26 - 
  (a) the likelihood of it having determined to initiate an investigation with the scope as set out in its 
proposed revision had the i nformation available to it after the initiation of an investigation been set 
out in the application;  
(b) whether the proposed revision may cause any prejudice to the interests of any interested party 
or contributor; and  
(c) whether the proposed revision will prevent the TRA from proceeding with the investigation 
expeditiously.  
 (6) Where the TRA has made a determination under this regulation to revise the scope of the 
investigation, it must publish an amended notice of initiation.  
Limitation on c onsolidation  
 42.—(1) Subject to paragraphs (2) and (3), the TRA may consolidate investigations.  
 (2) The TRA must not consolidate a dumping investigation with a subsidisation investigation 
(or vice versa).  
 (3) The TRA must not consolidate investigations unless it has first provided reasons for the 
proposed consolidation to interested parties and has provided them with an opportunity to comment.  
 (4) Where the TRA has made a determination under this regulation to consolidate 
investigations, it must publish  an amended notice of initiation.  
Deemed service  
 43. Any document submitted to the TRA is deemed to have been submitted on the earlier of — 
(a) the first working day after the day on which it is received by the TRA; or  
(b) the day on which the TRA issues a n acknowledgement of receipt.  
Public file  
 44. 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.  
Confidential i nformation  
 45.—(1) Paragraph (3) applies where a person — 
(a) supplies information to the TRA in connection with the exercise by the TRA of any of its functions 
under the Act or these Regulations;  
(b) either — 
 (i) requests the TRA to treat that information  as confidential on the grounds that that 
information is by its nature confidential; or  
 (ii) supplies that information to the TRA on a confidential basis;  
(c) demonstrates to the TRA good cause as to why the TRA must treat such information as 
confidential ; and 
(d) submits — 
 (i) a non -confidential summary (see paragraph (6)(a)) of that information; or  G/ADP/N/1/GBR/1/Suppl.2 • G/SCM/N/1/GBR/1/Suppl.2  
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   (ii) in exceptional circumstances, a statement of reasons (see paragraph (6)(b)).  
 (2) For the purpose of paragraph (1)(b)(i), information that is by its nature confidential 
includes information which, if disclosed, would — 
(a) be of significant competitive advantage to a competitor of the person supplying the information;  
(b) have a significant adverse effect on — 
 (i) the person supplying the information; o r 
 (ii) any person from whom the person supplying the information had acquired it.  
 (3) Where this paragraph applies, the TRA must treat such information as confidential.  
 (4) The TRA may treat information as confidential where it is supplied to it otherwi se than in 
accordance with paragraph (1), and, where it does so, it must — 
(a) inform the person supplying the information that it intends to treat that information as 
confidential; and  
(b) request that that person submits a non -confidential summary of that  information.  
 (5) The Secretary of State must treat as confidential the information supplied by the TRA 
under regulation 46(2) which the TRA identifies as information that it is treating as confidential under 
this regulation.  
(6) In this regulation — 
(a) a "non-confidential summary" in relation to information means a sufficiently detailed summary 
for the public file referred to in regulation 44 (public file) which would enable a person other than 
the TRA to have a reasonable understanding of — 
 (i) the subst ance of the information to which it relates; and  
 (ii) its potential relevance to the exercise of any function by the TRA under the Act or these 
Regulations;  
(b) a "statement of reasons" means a statement setting out the reasons of a person supplying 
information to the TRA as to why the TRA should treat that information as confidential and why 
summarisation of that information in accordance with this regulation is not possible.  
Permitted disclosure  
 46.—(1) The TRA or the Secretary of State may disclose information which the TRA or the 
Secretary of State treats as confidential where such disclosure is — 
(a) made with the consent of the person supplying the information;  
(b) made for the purpose of court or tribunal proceedings in the United Kingdom  relating to the 
exercise by the TRA or the Secretary of State of any functions under the Act or these Regulations;  
(c) made for the purpose of an international dispute relating to the exercise by the TRA or the 
Secretary of State of any functions under th e Act or these Regulations; or  
(d) required or permitted by any other enactment or rule of law.  
 (2) The TRA may disclose to the Secretary of State information that it is treating as confidential 
for the purpose of the Secretary of State exercising functio ns under the Act or these Regulations.  G/ADP/N/1/GBR/1/Suppl.2 • G/SCM/N/1/GBR/1/Suppl.2  
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   (3) Where the TRA or the Secretary of State has a discretion to make a disclosure under 
paragraph (1)(b), (c) or (d), the TRA or the Secretary of State must consider whether such disclosure 
is likely to allow, or res ult in, such information being made available to a competitor of — 
(a) the person supplying that information; or  
(b) the person to which the information relates.  
 (4) In paragraph (1)(d), reference to an enactment includes an enactment comprised in, or 
in an instrument made under, an Act of the Scottish Parliament.  
The use of information and facts available to the TRA from secondary sources  
 47.—(1) This regulation applies in respect of the exercise by the TRA of functions under the 
Act or these Regulations.  
 (2) The TRA must have regard to information supplied to it by an applicant UK industry, an 
interested party, a contributor or any other person from whom it has requested information, provided 
that the information — 
(a) is verifiable;  
(b) has b een appropriately submitted such that the TRA may use the information without undue 
difficulty;  
(c) has been supplied to it within any applicable time limit; and  
(d) where relevant, has been supplied to it in a form that it has requested.  
 (3) The TRA must  not have regard to oral statements referred to in regulation ( 61(4) unless — 
(a) those statements are reproduced in writing; and  
(b) it has made the written reproductions available to interested parties and contributors.  
 (4) The TRA may disregard information which it treats as confidential (which it would otherwise 
have had regard to) where the person supplying that information has not supplied a non -confidential 
summary or a statement of reasons in accordance with regulat ion 45 (confidential information), 
unless it is satisfied from appropriate sources that such information is correct.  
 (5) The TRA may make a determination on the basis of information obtained from secondary 
sources, including information supplied in an app lication, provided that it — 
(a) does so with special circumspection; and  
(b) where practicable, verifies such information from independent sources, including but not limited 
to published price lists, official import statistics or customs returns and data p ertaining to the 
relevant markets.  
Acceptance or rejection of information  
 48.—(1) Where a person has supplied information to the TRA outside any applicable time 
limit, the TRA may accept such information where it considers that — 
(a) doing so would not sig nificantly impede the progress of an investigation; or  
(b) it is appropriate to accept that information, having regard to the potential significance of the 
information on any determination it may make and any explanation provided by that person as to 
why i t should accept that information.  G/ADP/N/1/GBR/1/Suppl.2 • G/SCM/N/1/GBR/1/Suppl.2  
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   (2) Where the TRA rejects information for any reason, it must publish its reasons for rejection 
in the statement of essential facts (see regulation 62) or, where such information is rejected after 
the statement of essenti al facts has been published, in the final affirmative or final negative 
determination.  
Non-cooperation  
 49.—(1) Where the TRA determines that an interested party has failed to cooperate with an 
investigation or has otherwise significantly impeded the progr ess of an investigation (a "non -
cooperative party"), it may disregard the information supplied by that party.  
 (2) For the purpose of paragraph (1), the TRA must not determine that an interested party is 
a non -cooperative party where it — 
(a) determines tha t that interested party has acted to the best of their ability to cooperate with an 
investigation; or  
(b) has accepted that compliance with any request for information to be supplied in a particular form 
would be unreasonably burdensome to that party.  
CHAP TER 2 INITIATION OF AN INVESTIGATION  
Application  
 50.—(1) An application made by an applicant UK industry for the initiation of a dumping 
investigation must contain as much of the information listed in paragraph 1 of Schedule 1 as is 
reasonably available to them.  
 (2) An application made by an applicant UK in dustry for the initiation of a subsidisation 
investigation must contain as much of the information listed in paragraph 2 of Schedule 1 as is 
reasonably available to them.  
 (3) An application referred to in paragraphs (1) and (2) may contain such additional  
information as the applicant UK industry considers relevant.  
 (4) Where an applicant UK industry, by notice in writing to the TRA, withdraws their application 
prior to the publication of the notice referred to in paragraph 9(5)(d) or (6)(c) of Schedule 4 to the 
Act, the application is considered not to have been made.  
Market share requirement  
 51. For the purpose of paragraph 9 of Schedule 4 to the Act, the market share requirement 
is met where the TRA is satisfied that a UK industry's "share" of the marke t is— 
(a) at least 1  per cent ; or 
(b) such other higher share as the TRA considers appropriate taking into account the goods and the 
particular market for those goods.  
Assessment of an application  
52.—(1) The TRA must examine the accuracy and adequacy of t he information contained in, or 
supplied with, an application to determine whether it is sufficient to justify the initiation of an 
investigation under paragraph 9 of Schedule 4 to the Act.  
 (2) For the purpose of paragraph 9(1)(a)(i) of Schedule 4 to the Act, an application is made 
by or on behalf of a UK industry where the TRA determines that the application is supported by UK 
producers whose collective output constitutes at least 25  per cent  of the total production in the G/ADP/N/1/GBR/1/Suppl.2 • G/SCM/N/1/GBR/1/Suppl.2  
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  United Kingdom of the like goods, and is not opposed by other UK producers of the like goods whose 
collective output is greater than or equal to that percentage.  
 (3) The TRA may reject an application where it considers that it does not satisfy the 
requirements in regulation 50(1) or (2), but it must not do so where the requirement in question 
has been expressly waived by it.  
 (4) The TRA may reject an application if it is not made via the TRA's case management system.  
Publicising an application  
 53.—(1) The TRA must not publicise an  application until it has determined to initiate the 
investigation.  
 (2) However, the TRA may — 
(a) request additional information from any person before determining whether to initiate an 
investigation; and  
(b) arrange visits to any premises in the United Kingdom for the purpose of determining whether to 
initiate an investigation.  
 (3) As soon as the TRA has published a notice of initiation of an investigation, it must provide 
the full text of the application received under regulation 50 (application) to — 
(a) overseas exporters known to it and the government of the relevant foreign country or territory; 
or 
(b) where the number of overseas exporters involved is such that it is impracticable for the TRA to 
contact all overseas exporters known to it individuall y, the government of the relevant foreign 
country or territory.  
CHAPTER 3 CONDUCT OF  AN INVESTIGATION  
Registration of interest and the issuing of questionnaires  
54.—(1) Where the TRA has made a determination to initiate an investigation, it must set a peri od 
during which interested parties and any other person may make themselves known to the TRA (a 
"registration period").  
 (2) In a dumping investigation, the TRA must, as far as practicable, issue a questionnaire (see 
regulation 55) to— 
(a) all interested parties, other than the government of the relevant foreign country or territory, 
who have made themselves known to the TRA during the registration period;  
(b) all UK producers, importers and overseas exporters (or associations thereof) which the  applicant 
UK industry has identified in their application; and  
(c) all contributors who have made themselves known to the TRA during the registration period.  
 (3) In a subsidisation investigation, the TRA must, as far as practicable, issue a questionnaire  
to— 
(a) all interested parties who have made themselves known to the TRA during the registration 
period;  
(b) all UK producers, importers and overseas exporters (or associations thereof) which the applicant 
UK industry has identified in their application; and G/ADP/N/1/GBR/1/Suppl.2 • G/SCM/N/1/GBR/1/Suppl.2  
- 31 - 
  (c) all contributors who have made themselves known to the TRA during the registration period.  
 (4) However, where the TRA uses sampling in accordance with regulation 56 (the use of 
sampling in respect of Part 2 of these Regulations) or 57 (the use of sampling in respect of Parts 3, 
4 and 5 of these Regulations), the TRA may limit the issuing of a questionnaire to those interested 
parties included in that sample.  
 (5) Where an interested party or a contributor makes themselves known to the TRA after the  
end of the registration period, the TRA may issue a questionnaire to that person.  
 (6) Where an interested party makes themselves known to the TRA after the end of the 
registration period, the TRA may include that party in a sample referred to in regulati on 56 (the use 
of sampling in respect of Part 2 of these Regulations) or 57 (the use of sampling in respect of Parts  3, 
4 and 5 of these Regulations).  
 (7) The TRA must not issue a questionnaire after the statement of essential facts is published 
(see regu lation 62). 
Form of questionnaires and deficiency notice  
55.—(1) Subject to paragraph (2), the questionnaire referred to in regulation 54 (registration of 
interest and the issuing of questionnaires) may take such form and contain such questions and other 
material as the TRA considers appropriate for the purpose of the investigation.  
 (2) A questionnaire must set out the date by which it must be returned to the TRA.  
 (3) Where, following a review of the returned questionnaire, the TRA determines that it is 
incomplete or that the information supplied to it is inadequate, it may issue a notice to the relevant 
interested party or contributor requesting clarification or supplementary information (a "deficiency 
notice").  
 (4) The deficiency notice must set out a time limit by which any missing, clarificatory or 
supplementary information is to be supplied.  
The use of sampling in respect of Part 2 of these Regulations  
56.—(1) The TRA may use sampling in relation to an investigation in accordance with this regulation  
to determine whether goods are dumped for the purpose of Part 2 of these Regulations.  
 (2) The TRA may, where it considers it appropriate, limit its examination to a sample of — 
(a) overseas exporters;  
(b) importers; or  
(c) categories of goods.  
 (3) The TR A must determine which overseas exporters, importers or categories of goods, as 
the case may be, to include in the sample based on either — 
(a) the largest volume of exports from the exporting country or territory to the United Kingdom that 
the TRA is reaso nably able to investigate; or  
(b) a statistically valid method.  
 (4) Subject to paragraph ( 5), where the TRA considers it appropriate to limit its examination 
in accordance with this regulation to a sample, it must consult with overseas exporters and 
impor ters, as the case may be, about the proposed sample and, where possible, obtain their consent 
to the proposed sample.  G/ADP/N/1/GBR/1/Suppl.2 • G/SCM/N/1/GBR/1/Suppl.2  
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   (5) Paragraph ( 4) does not apply where the TRA considers that consultation or obtaining 
consent is impracticable.  
 (6) An overseas export er who is not included in a sample in accordance with this regulation 
may request that the TRA calculate an individual margin of dumping provided that the overseas 
exporter has supplied the necessary information in time for that information to be considere d during 
the course of the investigation.  
 (7) Where an overseas exporter makes a request in accordance with paragraph (6), the TRA 
must accept the request and calculate an individual margin of dumping unless the number of 
exporters is so large that individual examinations are unduly burdensome and would prevent the 
timely completion of the investigation.  
The use of sampling in respect of Parts 3, 4 and 5 of these Regulations  
57.—(1) The TRA may use sampling in relation to an investigation in accordance with this regulation 
to determin e— 
(a) whether imports of the goods concerned into the United Kingdom are subsidised;  
(b) whether the dumped goods or subsidised imports, as the case may be, have caused or are 
causing injury to a  UK industry; or  
(c) the amount necessary to remove the injury.  
 (2) The TRA may, where it considers it appropriate to do so, limit its examination under 
Parts 3, 4 and 5 of these Regulations to a sample of — 
(a) importers;  
(b) overseas exporters;  
(c) categ ories of goods;  
(d) UK producers;  
(e) transactions for the purchase of the like goods in the United Kingdom; or  
(f) anything else the TRA considers it appropriate to sample in order to make its determination.  
 (3) Where the TRA limits its examination in ac cordance with this regulation it may use any 
reasonable method to determine the sample.  
 (4) An overseas exporter who is not included in a sample in accordance with this regulation 
may request that the TRA calculate an individual anti -dumping amount or cou ntervailing amount 
provided that the overseas exporter has supplied the necessary information in time for that 
information to be considered during the course of the investigation.  
 (5) Where an overseas exporter makes a request in accordance with paragraph  (4), the TRA 
must accept the request and calculate an individual anti -dumping amount or countervailing amount 
unless the number of exporters is so large that individual examinations are unduly burdensome and 
would prevent the timely completion of the inve stigation.  
Verification visit  
58.—(1) This regulation applies to a verification visit conducted by the TRA.  
 (2) Subject to paragraph (8), the TRA may make such arrangements in connection with a 
verification visit in the United Kingdom as it considers appr opriate.  G/ADP/N/1/GBR/1/Suppl.2 • G/SCM/N/1/GBR/1/Suppl.2  
- 33 - 
   (3) Subject to paragraphs (4) to (8), the TRA may make such arrangements in connection 
with a verification visit in any foreign country or territory as it considers appropriate.  
 (4) The TRA may carry out a verification visit in any foreign country or territory provided that 
all of the following are satisfied — 
(a) it has advised the person that it proposes to visit of the following — 
 (i) the date of the proposed visit;  
 (ii) the general nature of the information to be verified; and  
 (iii) any further information  required from the person;  
(b) it has obtained the prior agreement of the person in question;  
(c) it has notified the government of the relevant foreign country or territory of the information set 
out in paragraph (5); and  
(d) that government does not object.  
 (5) The information referred to in paragraph (4)(c) is — 
(a) the name and address of the person to be visited by the TRA; and  
(b) the date of the visit as agreed with that person.  
 (6) Paragraph (7) applies where, prior  to carrying out a verification visit, the TRA receives 
enquiries or requests for clarification relevant to such a visit from the person or the government of 
the relevant foreign country or territory.  
 (7) Where this paragraph applies, the TRA must, where practicable, respond to the enquiries 
or provide the clarification in advance of the visit.  
 (8) The TRA must not conduct a verification visit after the statement of essential facts is 
published (see regulation 62). 
Verification report  
 59.—(1) The TRA mus t— 
(a) provide a written report on a verification visit (a "verification report") to the person subject to 
that visit;  
(b) require the person subject to a verification visit to supply it with a version of the verification 
report with summarisation of information that it requests the TRA to treat as confidential (a "non -
confidential verification report"); and  
(c) set a time limit by which the non -confidential verification report is to be supplied.  
 (2) In the application of regulation 45 (confidential information) to this regulation, a reference 
in that regulation to — 
(a) the supply of information is to be taken to include information obtained by the TRA from the 
person subject to a verification visit; and  
(b) a non -confidential summary is to be taken to include a non -confidential verification report.  G/ADP/N/1/GBR/1/Suppl.2 • G/SCM/N/1/GBR/1/Suppl.2  
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  Facilitation visit  
 60.—(1) Subject to paragraph (3), the TRA may make such arrangements in connection with 
a facilitation visit in the United Kingdom as it considers appropriate.  
 (2) Subje ct to paragraph (3), in exceptional circumstances, the TRA may make such 
arrangements in connection with a facilitation visit in any foreign country or territory as it considers 
appropriate, provided that the requirements set out in regulation 58(4) to (7)  are met.  
 (3) The TRA must not conduct a facilitation visit after the statement of essential facts is 
published.  
 (4) In the application of regulation 58 (verification visit) to paragraph (2), reference in that 
regulation to a verification visit is be tak en to include a facilitation visit.  
Hearing  
 61.—(1) The TRA may conduct a hearing at any time during an investigation either — 
(a) at the request of any interested party; or  
(b) on its own initiative.  
 (2) The TRA must notify interested parties and contributors of any processes and procedures 
to be adopted at a hearing in advance of it taking place.  
 (3) When deciding whether and how to conduct a hearing, the TRA must have regard to — 
(a) the need to preserve the confidentiality of information it is t reating as confidential in accordance 
with regulation 45(3) or (4); and  
(b) whether holding a hearing and whether such processes and procedures it proposes to adopt at 
a hearing would be convenient to interested parties and contributors.  
 (4) The TRA must allow interested parties and contributors to present their views by written 
and oral statements (see regulation  47(3)). 
 (5) Where the TRA decides to conduct a hearing, it — 
(a) must give sufficient notice of the hearing to interested parties and contr ibutors;  
(b) must allow interested parties and contributors to attend; and  
(c) may request that an interested party or a contributor intending to attend to supply the TRA with 
the information they wish to rely on at the hearing.  
 (6) Where the TRA makes a request referred to in paragraph (5)(c), it must set a time limit 
by which such a request must be complied with.  
 (7) An interested party or a contributor is not under an obligation to attend a hearing.  
 (8) The TRA must not determine that an interested pa rty who fails to attend a hearing is a 
non-cooperative party (see regulation 49) or that such failure to attend is otherwise prejudicial to 
its interests.  
Essential facts and disclosure  
 62.—(1) Before making a final affirmative or final negative determina tion for the purpose of 
paragraph 11(5) of Schedule 4 to the Act, the TRA must — G/ADP/N/1/GBR/1/Suppl.2 • G/SCM/N/1/GBR/1/Suppl.2  
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  (a) publish a statement (a "statement of essential facts") which sets out — 
 (i) the final determination that it intends to make ("intended final determination");  
 (ii) a summary of the facts considered by the TRA during the investigation;  
 (iii) those facts referred to in sub -paragraph (ii) that formed the basis of the intended final 
determination; and  
(b) inform interested parties who have supplie d information that has been considered by the TRA — 
 (i) how it has used the information supplied by that party in making the intended final 
determination; and  
 (ii) of the details of the TRA's analysis forming the basis of the intended final determination.  
(2) The TRA must specify in the statement of essential facts a period during which it will consider 
comments on that statement from interested parties, contributors or any other person who has 
supplied information to it.  
CHAPTER 4  CONSULTATION AND TER MINA TION OF AN INVESTIGA TION 
Consultation in a subsidisation investigation  
 63. The TRA must not make a provisional affirmative or final affirmative determination in a 
subsidisation investigation unless it has given the government of the relevant foreign country or 
territory reasonable opportunity for consultation.  
Termination  
 64.—(1) The TRA must terminate an investigation where, at any stage during the 
investigation, it determines that — 
(a) the margin of dumping or the amount of subsidy is minimal;  
(b) the volume of dumped goods or subsidised imports is negligible; or  
(c) the injur y is negligible.  
 (2) The TRA may, where it considers it appropriate, terminate an investigation on the request 
of the applicant UK industry.  
 (3) Where the TRA rejects a request referred to in paragraph (2), it must — 
(a) publish a notice of its determinat ion setting out the reasons for its determination; and  
(b) notify interested parties and contributors.  
 (4) Where the TRA terminates an investigation under this regulation, it must — 
(a) publish a notice of its determination in accordance with paragraph 65(8) ; and  
(b) notify interested parties and contributors.  G/ADP/N/1/GBR/1/Suppl.2 • G/SCM/N/1/GBR/1/Suppl.2  
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  CHAPTER 5 CONTENT OF  NOTICES  
Content of notices  
 65.—(1) The notice published by the TRA in accordance with paragraph 9(5)(d)  of Schedule  4 
to the Act (initiation of a dumping investigation) must contain the information listed in paragraph 1 
of Schedule 2.  
 (2) The notice published by the TRA in accordance with paragraph 9(6)(c) of Schedule 4 to 
the Act (initiation of a subsidis ation investigation) must contain the information listed in paragraph  2 
of Schedule 2.  
 (3) The notice published by the TRA in accordance with paragraph 13(9)(a) and (b) of 
Schedule 4 to the Act (provisional affirmative determination with no recommendation  regarding 
requiring a guarantee) must contain the information listed in paragraph 3 of Schedule 2.  
 (4) The notice published by the Secretary of State in accordance with paragraph 15(4)(a) and 
(5)(a) of Schedule 4 to the Act (acceptance or rejection of a recommendation requiring a guarantee) 
must contain the information listed in paragraph 4 of Schedule 2.  
 (5) The notice published by the TRA in accordance with paragraph 17(10)(a) and (b) of 
Schedule 4 to the Act (final affirmative determination with no re commendation on an anti -dumping 
amount or a countervailing amount) must contain the information listed in paragraph 5 of 
Schedule  2. 
 (6) The notice published by the Secretary of State referred to in paragraph 20(4)(a) and (5)(a) 
of Schedule 4 (acceptance or rejection of the TRA's recommendation on an anti -dumping amount or 
a countervailing amount) must contain the information listed in paragraph 6 of Schedule 2.  
 (7) The notice published by the TRA referred to in paragraph 11(8) of Schedule 4 to the Act 
(final negative determination) must contain the information listed in paragraph 7 of Schedule 2.  
 (8) The notice published by the TRA in accordance with regulation  64(4)(a ) must contain the 
information listed in paragraph 8 of Schedule 2.  
 (9) A notice referred to in paragraph (1), (2), (3), (5), (7) or (8) of this regulation may contain 
any other information the TRA considers appropriate.  
 (10) A notice referred to in paragraph (4) or (6) of this regulation may contain any other 
information the Secretary of State considers appropriate.   G/ADP/N/1/GBR/1/Suppl.2 • G/SCM/N/1/GBR/1/Suppl.2  
- 37 - 
  PART 7 INITIATION AN D CONDUCT OF A REVIE W 
CHAPTER 1 GENERAL PR OVISIONS AND THE INI TIATION OF A REVIEW  
Purpose of Part 7  
 66. Reviews by the TRA of the continuing application, including the variation and extension, 
of an anti -dumping amount or a countervailing amount to goods pursuant to paragraph 21 of 
Schedule 4 to the Act are subject to the following provisions of this Part.  
Initiation of a review  
 67.—(1) If the TRA is satisfied that there is sufficient information substantiating the need for 
a review, the TRA may initiate an interim review, an absorption review, a circumvention review or a 
scope review — 
(a) where a review ap plication is made by or on behalf of an interested party; or  
(b) on its own initiative.  
 (2) If there is sufficient evidence substantiating the need for an expiry review, the TRA may 
initiate an expiry review — 
(a) where a review application is made by or on behalf of UK industry in the goods; or  
(b) on its own initiative in special circumstances.  
 (3) The TRA must initiate a new exporter review — 
(a) where a review application is made by or on behalf of a new exporter; and  
(b) the TRA is satisfied that the review application contains sufficient information substantiating the 
need for a review in accordance with regulation 71 (new exporter review).  
 (4) The TRA may, in particular, reject a review application where — 
(a) it considers the review application is m ade in relation to a change in circumstances that is not of 
a lasting nature;  
(b) it has conducted a previous review or rejected a previous review application in respect of the 
relevant anti -dumping amount or countervailing amount and — 
 (i) the review appl ication relates to matters which are similar to those arising under that 
previous review or set out in that previous review application; and  
 (ii) there is no change of circumstances since the termination of that previous review or 
rejection of that previo us review application which substantiates the need for a new review;  
(c) information on which the review application relies could have been provided to the TRA in the 
investigation or a previous review; or  
(d) the review applicant has not complied with pro cedural requirements in accordance with this Part.  
 (5) The TRA may reject a review application if it is not made via the TRA's case management 
system.  
 (6) Where the TRA rejects a review application, it must notify the review applicant.  G/ADP/N/1/GBR/1/Suppl.2 • G/SCM/N/1/GBR/1/Suppl.2  
- 38 - 
   (7) Where the TRA  has made a determination to initiate a review, the TRA must — 
(a) publish a notice of its decision to initiate a review (for the purpose of this Part a "notice of 
initiation of a review"); and  
(b) notify the Secretary of State and interested parties.  
 (8) A notice of initiation of a review must contain the information listed in paragraph 1 of 
Schedule 3.  
 (9) Where a review application is made in respect of goods subject to a countervailing amount, 
the TRA must notify the government of the exp orting country or territory and the Secretary of State 
prior to the initiation of that review.  
CHAPTER 2 CONDUCT OF  A REVIEW  
The conduct of a review  
 68.—(1) Where the TRA considers it appropriate, the TRA may expand or limit the issues to 
be considered in a review.  
 (2) The TRA must provide interested parties with an opportunity to provide comments prior 
to acting in accordance with paragraph (1).  
 (3) Where the application of an anti -dumping amount or a countervailing amount in respect 
of goo ds from a particular overseas exporter ("E") is revoked, but remains in place for one or more 
other overseas exporter, E — 
(a) may be subject to a subsequent review carried out in respect of the exporting country or 
territory; and  
(b) following a subsequent  review, may have an anti -dumping amount or a countervailing amount 
applied to the goods which were previously subject to the application of an anti -dumping or a 
countervailing amount.  
 (4) Paragraph (3) does not apply where the application of the anti -dumping amount or 
countervailing amount is revoked following a determination that the dumping margin or amount of 
subsidy is minimal.  
 (5) The TRA may, where it is satisfied that there is sufficient information to justify doing so, 
extend a review initiated i n respect of one overseas exporter to any, or all, other overseas exporters 
who export the dumped goods or subsidised imports which are subject to the relevant public notice 
made under section 13 of the Act.  
 (6) The TRA may, where it considers it appropri ate, terminate a review on the request of the 
review applicant.  
 (7) Where the TRA constructs the export price in accordance with regulation 15 (export price), 
the TRA may deduct any anti -dumping amount paid where it is not reflected in resale prices and 
subsequent selling prices in the United Kingdom.  
 (8) Parts 2, 3, 4 and 6 apply to reviews to the extent that the TRA considers relevant.  
 (9) If the TRA applies any part of Parts 2, 3, 4 or 6 to a review, any references in those Parts 
to "goods concerned" should be read as "goods subject to review".  
 (10) Following a review, the anti -dumping amount or countervailing amount applicable to 
goods must be such that it does not exceed — G/ADP/N/1/GBR/1/Suppl.2 • G/SCM/N/1/GBR/1/Suppl.2  
- 39 - 
  (a) the margin of dumping or the amount of subsidy in relation to the goods;  
(b) the amount which the TRA is satisfied would be adequate to remove the injury to a UK industry 
in the goods if that amount is less than the margin of dumping or the amount of subsidy referred to 
sub-paragraph (a).  
 (11) Part 5 applies to — 
(a) an interim review where the TRA considers varying the level of an anti -dumping amount or a 
countervailing amount by varying its level and duration;  
(b) an interim review where the TRA reassesses the amount adequate to remove the injury;  
(c) an expiry review where the  TRA considers varying the level of an anti -dumping amount or a 
countervailing amount;  
(d) a new exporter review where the TRA calculates an individual anti -dumping amount or an 
individual countervailing amount;  
(e) an absorption review.  
 (12) Where it is not possible for the TRA to recalculate the anti -dumping amount or 
countervailing amount, the TRA may determine that the amount should not be varied.  
Interim review  
 69.—(1) The TRA may conduct a review (an "interim review") to consider whether — 
(a) the continuing application of an anti -dumping amount or a countervailing amount to goods is 
necessary or sufficient to offset — 
 (i) in the case of an anti -dumping amount, the dumping of the goods which has caused or is 
causing injury to a UK industry in th e goods; or  
 (ii) in the case of a countervailing amount, the importation of the subsidised goods which has 
caused or is causing injury to a UK industry in the goods;  
(b) the application of an anti -dumping amount or a countervailing amount to goods is havi ng the 
effect of removing the injury to a UK industry in the goods.  
 (2) Otherwise than on its own initiative in accordance with regulation 67 (initiation of a 
review), the TRA may not initiate an interim review in relation to goods within a year of the im position 
or variation of an anti -dumping amount or a countervailing amount pursuant to a public notice made 
under section 13 of the Act.  
 (3) An interim review application must include — 
(a) evidence that since the application of an anti -dumping amount or a  countervailing amount, there 
has been a change in circumstances which is of a lasting nature; and  
(b) the required information.  
 (4) The required information is information that — 
(a) the continued imposition of an anti -dumping amount or a countervailing a mount is not necessary 
to offset the relevant dumping or subsidisation;  
(b) the injury would be unlikely to continue or recur if the anti -dumping amount or countervailing 
amount were removed or varied; or  G/ADP/N/1/GBR/1/Suppl.2 • G/SCM/N/1/GBR/1/Suppl.2  
- 40 - 
  (c) the existing anti -dumping amount or countervail ing amount is not sufficient to offset the injury 
caused by the dumped goods or subsidised imports.  
 (5) In conducting an interim review, the TRA may consider, among other things — 
(a) whether the circumstances in respect of the dumped goods or subsidised i mports, or injury, 
caused by the dumped goods or subsidised imports have changed significantly;  
(b) whether the existing application of an anti -dumping or a countervailing amount is necessary or 
sufficient to offset or prevent the injury caused by dumped g oods or subsidised imports previously 
established in accordance with Part 6; or  
(c) whether, and if so to what level, it is appropriate to vary the anti -dumping amount or 
countervailing amount.  
 (6) Following an interim review, the TRA may determine that the application of an anti -
dumping amount or a countervailing amount to some or all of the goods subject to review should 
be— 
(a) maintained;  
(b) varied; or  
(c) revoked.  
 (7) Where the goods subject to review are subject to an anti -dumping a mount or a 
countervailing amount, the TRA must have regard to the current and prospective impact of the anti -
dumping amount or countervailing amount when making a determination regarding the future 
application of an anti -dumping amount or a countervailing amount.  
 (8) The TRA must not treat compliance with an undertaking in accordance with Part 8 as 
evidence of — 
(a) the cessation of dumping;  
(b) the elimination of the effect of a subsidy; or  
(c) a lasting change in circumstances which justifies the initiation of an interim review.  
 (9) The TRA may only make a determination that the application of an anti -dumping amount 
or a countervailing amount to some or all of the goods subject to review be varied by extending its 
duration where it has reassessed — 
(a) the margin of dumping or the amount of subsidy; and  
(b) the amount adequate to remove the injury.  
 (10) Where the TRA determines that the application of an anti -dumping amount or a 
countervailing amount be extended in accordance with this regulation, it may make a 
recommendation under regulation 75 (TRA recommendation to the Secretary of State) only if it is 
satisfied that the applic ation of an anti -dumping amount or a countervailing amount meets the 
economic interest test (see paragraph 25 of Schedule 4 to the Act) and, where it is not so satisfied, 
it must instead make a determination that the application of the anti -dumping amount or 
countervailing amount to those goods should be revoked.  
 (11) Where — 
(a) the countervailing amount imposed is less than the amount of subsidy; and  G/ADP/N/1/GBR/1/Suppl.2 • G/SCM/N/1/GBR/1/Suppl.2  
- 41 - 
  (b) after the period of investigation, export prices have decreased or there has been no movement, 
or insu fficient movement of resale prices of the goods subject to review in the United Kingdom to 
reflect the application of that amount,  
the TRA may determine that the countervailing amount be increased to attain the price increase 
required to remove injury caus ed by the subsidised imports.  
 (12) Where the TRA determines that a countervailing amount be increased pursuant to 
paragraph (11), the level after the increase must not exceed the amount of the subsidy.  
Expiry review  
 70.—(1) The TRA may conduct a review t o consider whether injury to a UK industry in the 
goods would be likely to continue or recur if the application of an anti -dumping amount or a 
countervailing amount to the relevant goods were to expire (an "expiry review").  
 (2) The TRA may make a determination that the anti -dumping amount or countervailing 
amount should be varied — 
(a) by extending the duration; and  
(b) where it considers it appropriate, by amending the level.  
 (3) The TRA must notify interested parties of the expiry of the applicat ion of an anti -dumping 
amount or a countervailing amount in sufficient time to allow interested parties to make an 
application for an expiry review.  
 (4) 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 relevant anti -dumping 
amount or countervailing amount.  
 (5) An expiry review application must include evidence that if the application of an anti -
dumping amount or a countervailing amount were to e xpire in accordance with the terms of the 
public notice made under section 13 of the Act, the following would be likely to continue or recur — 
(a) the dumping or subsidisation of the goods subject to review; and  
(b) the injury caused by the dumped goods or subsidised imports.  
 (6) In conducting an expiry review, where relevant, the TRA must consider whether — 
(a) dumping or subsidisation of the goods subject to review is continuing or is likely to recur;  
(b) injury has been removed, or reduced, in whole or in  part due to the application of the anti -
dumping amount or countervailing amount; and  
(c) the circumstances of the relevant exporting country or territory, or overseas exporter, are such 
that the injury caused by the dumped goods or subsidised imports is l ikely to continue or recur.  
 (7) The TRA may only make a determination that the application of an anti -dumping amount 
or a countervailing amount to some or all of the goods subject to review be varied in any way other 
than by extending its duration where i t has reassessed — 
(a) the margin of dumping or the amount of subsidy; and  
(b) the amount adequate to remove the injury.  
 (8) Where the goods subject to review are subject to an anti -dumping amount or a 
countervailing amount, the TRA must have regard to the current and prospective impact of the anti -G/ADP/N/1/GBR/1/Suppl.2 • G/SCM/N/1/GBR/1/Suppl.2  
- 42 - 
  dumping amount or countervailing amount when making a determination regarding the future 
application of an anti -dumping or a countervailing amount.  
 (9) Where an application for an expiry review has been made in accordance with this 
regulation, an anti -dumping amount or a countervailing amount which applies to the goods subject 
to review is to be treated as continuing (where it would otherwise cease to do so) until the TRA has 
made a determination in accordance  with paragraph (11)(a) or the Secretary of State has accepted 
or rejected the TRA's recommendation in accordance with regulation 76 (acceptance or rejection of 
the TRA's recommendation by the Secretary of State).  
 (10) In order to extend the application o f an anti -dumping amount or a countervailing amount 
pursuant to paragraph (9), the Secretary of State must make a public notice under section 13 of the 
Act on initiation of the expiry review.  
 (11) Following an expiry review, the TRA may determine that — 
(a) the application of the relevant anti -dumping amount or countervailing amount to some or all of 
the goods subject to review should expire as set out in the public notice made under section 13 of 
the Act;  
(b) the application of the relevant anti -dumping am ount or countervailing amount at the same level 
to some or all of the goods subject to review should be extended by a period of no more than five 
years; or  
(c) the application of the relevant anti -dumping amount or countervailing amount at a different leve l 
to some or all of the goods subject to review should be extended by a period of no more than five 
years.  
 (12) Where the TRA determines that the application of an anti -dumping amount or a 
countervailing amount be extended in accordance with this regulati on, it may make a 
recommendation under regulation 76 (acceptance or rejection of the TRA's recommendation by the 
Secretary of State) only if it is satisfied that the application of an anti -dumping amount or a 
countervailing amount meets the economic intere st test (see paragraph 25 of Schedule 4 to the 
Act). 
New exporter review  
 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  G/ADP/N/1/GBR/1/Suppl.2 • G/SCM/N/1/GBR/1/Suppl.2  
- 43 - 
   (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 ant i-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 th e 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.  
 (7) If the TRA makes a determination under paragraph (6)(a) in respect of an ant i-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 rat e 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 . 
Absorption  review  
 72.—(1) The TRA may conduct a review (an "absorption review") to consider whether there 
has been a sufficient change to the export price or resale price of goods to reflect the application of 
an anti -dumping amount.  
 (2) An absorption review application must in clude evidence that after the period of 
investigation relating to the application of an anti -dumping amount — 
(a) export prices of the goods subject to review have decreased; or  
(b) there has been no movement, or insufficient movement, in the resale price or subsequent selling 
prices of the imported goods subject to review.  
 (3) In conducting an absorption review, the TRA must consider, among other things — G/ADP/N/1/GBR/1/Suppl.2 • G/SCM/N/1/GBR/1/Suppl.2  
- 44 - 
  (a) available information from overseas exporters, importers and UK industry in respect of the e xport 
prices, resale prices and subsequent selling prices;  
(b) whether the application of an anti -dumping amount has led to movements in resale prices and 
subsequent selling prices;  
(c) any other relevant factors which may have had an impact on prices.  
 (4) Subject to paragraph (5), for the purpose of making a determination under this regulation, 
the TRA may make any assessment, finding or determination relevant to the calculation of the anti -
dumping amount which it could have made in the investigation to w hich the anti -dumping amount 
relates.  
 (5) The TRA must not reassess the economic interest test (see paragraph 25 of Schedule 4 to 
the Act) when carrying out an absorption review.  
 (6) The TRA must not recommend the application of an anti -dumping amount ex ceeding twice 
the anti -dumping amount most recently applied to the goods subject to review.  
 (7) Following the conclusion of an absorption review, the TRA may determine that the level of 
an anti -dumping amount to some or all of the goods subject to review should be — 
(a) maintained; or  
(b) varied.  
Circumvention review  
 73.—(1) The TRA may conduct a review (a "circumvention review") to consider whether 
activity is being undertaken to circumvent the application of an anti -dumping amount or a 
countervailing amo unt to goods.  
 (2) For the purpose of this regulation, "circumvention" exists where — 
(a) there is a change in the pattern of trade between — 
 (i) a foreign country or territory not listed in the relevant public notice made under section 13 
of the Act (a "th ird country") and the United Kingdom; or  
 (ii) individual companies in the exporting country or territory listed in the public notice made 
under section 13 of the Act ("the relevant exporting country or territory") and the United Kingdom; 
and 
(b) the change in the pattern of trade results from a practice, process or work which has insufficient 
economic justification other than the avoidance of the anti -dumping amount or countervailing 
amount;  
(c) there is injury or the remedial effects of the anti -dump ing amount or countervailing amount are 
being undermined in respect of prices or quantities of the goods subject to review; and  
(d) either — 
 (i) there is dumping in relation to the normal values previously established for the goods 
subject to review; or  
 (ii) the countervailable subsidy still confers a benefit on the goods subject to review.  
 (3) The practice, process or work referred to in paragraph (2)(b) includes — G/ADP/N/1/GBR/1/Suppl.2 • G/SCM/N/1/GBR/1/Suppl.2  
- 45 - 
  (a) the minor modification of the dumped goods or subsidised imports to make t hem subject to a 
different customs code and so not subject to the anti -dumping amount or countervailing amount, 
provided that the modification does not alter the essential characteristics of the good;  
(b) channelling the consignment of dumped goods or subs idised imports via third countries;  
(c) the reorganisation by overseas exporters of their patterns and channels of sales in the relevant 
exporting country or territory in order to export dumped goods or subsidised imports to the United 
Kingdom through expo rters of goods which are subject to a lower anti -dumping amount or 
countervailing amount;  
(d) the assembly of parts by an assembly operation in the United Kingdom or a third country.  
 (4) For the purpose of paragraph (3)(d), an assembly operation is one — 
(a) which started or substantially increased after, or immediately prior to, the initiation of the 
relevant investigation;  
(b) which uses parts from the relevant exporting country or territory;  
(c) where 60  per cent  or more of the total value of the parts o f the assembled goods come from the 
relevant exporting country or territory, except that in no case shall circumvention be considered to 
be taking place where the value added to the parts brought in, during the assembly or completion 
operation, is greater than 25  per cent  of the manufacturing cost; and  
(d) where the remedial effects of the anti -dumping amount or countervailing amount are being 
undermined in terms of the prices or quantities of the assembled like goods and there is evidence 
of either dumping  of the goods in relation to the normal values previously established or importation 
of subsidised imports into the United Kingdom.  
 (5) A circumvention review application must include sufficient evidence of the matters alleged 
to constitute circumvention.  
 (6) In order to determine whether circumvention exists, the TRA may consider, among other 
things — 
(a) the nature of the relationship between persons in the export chain;  
(b) the timing of the change in the pattern of trade; and  
(c) the nature of the chan ge in the pattern of trade.  
 (7) Following a circumvention review, the TRA may determine that — 
(a) the application of an anti -dumping amount or a countervailing amount should remain unchanged; 
or 
(b) the application of the relevant anti -dumping amount or countervailing amount imposed should 
be varied — 
 (i) to apply to some or all of the goods subject to review;  
 (ii) to apply to goods from a third country; or  
 (iii) where circumvention exists in the form described in paragraph (3)(c), to apply an  anti-
dumping or a countervailing amount at a level less than or equal to that specified in the relevant 
public notice made under section 13 of the Act.  G/ADP/N/1/GBR/1/Suppl.2 • G/SCM/N/1/GBR/1/Suppl.2  
- 46 - 
   (8) At any time during a circumvention review, the TRA may exempt an importer or overseas 
exporter from any anti -dumping amount or countervailing amount which it may impose as a result 
of a determination under paragraph (7)(b) where the conditions in paragraph (10) are met.  
 (9) The TRA may grant an exemption after the conclusion of a circumven tion review where 
the importer or overseas exporter did not import or export the goods subject to review during the 
circumvention review and the conditions in paragraph (10) are met.  
 (10) The TRA may grant an exemption in favour of — 
(a) an overseas export er, who it determines not to be engaged in circumvention, where the practice, 
process or work referred to in paragraph (3) takes place outside the United Kingdom; or  
(b) an importer, who is not related to an overseas exporter which is subject to the anti -dumping 
amount or countervailing amount to which the circumvention review relates, where the practice, 
process or work referred to in paragraph (3) takes place in the United Kingdom.  
Scope review  
 74.—(1) The TRA may conduct a review (a "scope review") to c onsider whether the goods or 
the description of goods to which an anti -dumping amount or a countervailing amount is applicable 
should be varied.  
 (2) Otherwise than on its own initiative in accordance with regulation 67 (initiation of a 
review), the TRA ma y not initiate a scope review in relation to goods within a year of the imposition 
or variation of an anti -dumping amount or a countervailing amount pursuant to a public notice made 
under section 13 of the Act.  
 (3) A scope review application must include evidence that — 
(a) the goods or the description of the dumped goods or subsidised imports should be varied; and  
(b) the nature of the variation does not justify an investigation in accordance with Part 6.  
 (4) In order to determine whether it is appropriat e to initiate a scope review, the TRA must 
consider — 
(a) whether it would have included the goods or description of goods subject to review in the original 
investigation had it had the information contained in that application before it at the time of that  
investigation;  
(b) the relationship between the goods subject to review and the like goods in the domestic market 
in the United Kingdom;  
(c) the impact, or potential impact, of any change in scope on the intended effects of the anti -
dumping amount or coun tervailing amount;  
(d) whether any prejudice could be caused to the interests of any interested party or contributor;  
(e) whether the application of rules of customs would resolve the issues raised by the review 
applicant; and  
(f) any other factors it considers relevant.  
 (5) Following a scope review, the TRA may determine that the goods or the description of 
goods to which an anti -dumping amount or a countervailing amount is applicable should be — 
(a) maintained; or  
(b) varied.  G/ADP/N/1/GBR/1/Suppl.2 • G/SCM/N/1/GBR/1/Suppl.2  
- 47 - 
  CHAPTER 3 TRA RECOMM ENDAT ION AND DECISION OF THE SECRETARY OF STA TE 
TRA recommendation to the Secretary of State  
 75.—(1) Following the conclusion of a review, the TRA must make a recommendation to the 
Secretary of State, where it is satisfied that (where applicable) the economic interest test is met and 
that— 
(a) the application of an anti -dumping amount or a countervailing amount to some or all of the goods 
subject to review should be varied;  
(b) the application of an anti -dumping amount or a countervailing amount to some or all of the 
goods subject to review should be revoked;  
(c) the period of the application of an anti -dumping amount or a countervailing amount should be 
extended; or  
(d) an anti -dumping amount or a countervailing amount should be applied to a new exporter at  a 
particular level.  
 (2) The TRA's recommendation must include — 
(a) a description of the goods to which the recommendation relates;  
(b) the names of overseas exporters, or where impracticable, the exporting countries or territories;  
(c) where relevant, th e recommended period for which the anti -dumping amount or countervailing 
amount should be applicable, which must begin on the day after the date of publication of the public 
notice under section 13 of the Act giving effect to the recommendation, unless the  TRA makes a 
recommendation in accordance with paragraph (3); and  
(d) the reasons for its recommendation.  
 (3) The TRA may recommend that the application of a varied anti -dumping amount or 
countervailing amount should be applicable to goods from a date bef ore the date set out in the public 
notice made under section 13 of the Act giving effect to the recommendation where — 
(a) the recommendation is in respect of a review in accordance with regulation 73 (circumvention 
review); and  
(b) the requirements set out  in paragraph 21(10) of Schedule 4 to the Act are satisfied.  
 (4) Where the TRA terminates a review but does not make a recommendation in accordance 
with paragraph (1), the TRA must — 
(a) publish a notice containing the information set out in paragraph 2 of  Schedule 3; and  
(b) notify the Secretary of State and interested parties.  
Acceptance or rejection of the TRA's recommendation by the Secretary of State  
 76.—(1) Where the TRA makes a recommendation in accordance with regulation 75 (TRA 
recommendation to the Secretary of State), the Secretary of State must accept or reject the 
recommendation.  
 (2) The Secretary of State may reject the TRA's recommendation only if the Secretary of State 
is satisfied that it is not in the public interest to accept the recommendation.  
 (3) In considering that, where the recommendation is one which comprises or includes 
extending the period for which an anti -dumping amount or a coun tervailing amount applies following G/ADP/N/1/GBR/1/Suppl.2 • G/SCM/N/1/GBR/1/Suppl.2  
- 48 - 
  an interim or expiry review, the Secretary of State must accept the TRA's determination that the 
application of an anti -dumping amount or a countervailing amount to goods in accordance with the 
recommendation meets the e conomic interest test, unless the Secretary of State is satisfied that the 
determination is not one that the TRA could reasonably have made.  
 (4) Where the Secretary of State rejects the TRA's recommendation, the Secretary of State 
must— 
(a) publish a noti ce containing the information set out in paragraph 3 or 4 of Schedule 3;  
(b) notify interested parties; and  
(c) lay a statement before the House of Commons setting out the reasons for rejecting the 
recommendation.  
 (5) Where the Secretary of State accepts the TRA's recommendation, the notice published by 
the Secretary of State under paragraph 21(7)(a) of Schedule 4 to the Act must contain the 
information set out in paragraph 3 or 4 of Schedule 3.   G/ADP/N/1/GBR/1/Suppl.2 • G/SCM/N/1/GBR/1/Suppl.2  
- 49 - 
  PART 8 UNDERTAKINGS  
Requests and offers of undertakings  
 77.—(1) In respect of a subsidisation investigation — 
(a) where the TRA intends to request an undertaking from a relevant foreign government, it must 
obtain the consent of the Secretary of State to approach the relevant foreign government;  
(b) where the TRA intends to request an undertaking from an overseas exporter, it must obtain the 
consent of the relevant foreign government to approach the relevant overseas exporter.  
 (2) A refusal to offer, or accept an invitation to offer, an undertaking must in no way prejudice 
consideration of the case against the overseas exporter or relevant foreign government.  
TRA's power to recommend acceptance of undertakings  
 78.—(1) The TRA may make a recommendation to the Secretary of State under paragraph 
23(1) of Schedule 4 to the Act to accept an undertaking in respect of goods only if — 
(a) it is satisfied that the undertaking is sufficient to eliminate the injurious effect of — 
 (i) the dumping of the goods to a UK industry in those goods; or  
 (ii) the importation of the subsidised goods to a UK industry in those goods;  
(b) acceptance of the undertaking meets the economic interest test (see paragraph 25 of Schedule  4 
to the Act);  
(c) it is satisfied that it is appropriate to accept the undertaking; and  
(d) it has complied with the requirements set out in regulation 77 (requests and offers of 
undertakings).  
 (2) In making an assessment as to whether it is appropriate to recommend the acceptance of 
an undertaking for the purpose of paragraph (1)(c), the TRA  may consider — 
(a) the adequacy of the terms and conditions of an undertaking including — 
 (i) the sufficiency of provision for the supply of information to the TRA to enable the monitoring 
of compliance with the undertaking, including regular supply of inf ormation relevant to the fulfilment 
of the undertaking and provision to permit verification of relevant information;  
 (ii) the provision of a non -confidential version of the undertaking by the overseas exporter or 
relevant foreign government;  
 (iii) what c onstitutes a breach of the undertaking and the consequences of any such breach;  
(b) whether acceptance is impractical; and  
(c) reasons of general policy.  
 (3) The terms and conditions of the undertaking must cover — 
(a) the supply of information to the TRA for the purpose of compliance monitoring;  
(b) compliance monitoring by the TRA;  
(c) activities that may be considered a breach of the undertaking;  G/ADP/N/1/GBR/1/Suppl.2 • G/SCM/N/1/GBR/1/Suppl.2  
- 50 - 
  (d) the circumstances in which the undertaking will cease to apply;  
(e) when an anti -dumping amount or a coun tervailing amount applies in the alternative to the 
continuation of the undertaking; and  
(f) anything else which the TRA considers necessary.  
 (4) A recommendation to accept an undertaking may only be made when accompanied by a 
recommendation in accordance with paragraph 17(3)(a) or (4)(a) of Schedule 4 to the Act and 
must— 
(a) specify the goods in respect of which the undertaking is offered;  
(b) identify the overseas exporter or relevant foreign government who offered the undertaking;  
(c) contain  details of the undertaking, including the full terms and conditions of the undertaking; 
and 
(d) include the reasons for the TRA's determination that the acceptance of the undertaking is 
appropriate.  
 (5) If an undertaking is offered by an overseas exporte r or a relevant foreign government and 
the TRA determines that it is not appropriate to accept an undertaking, it must — 
(a) where it is practicable, notify the overseas exporter or relevant foreign government of the 
reasons for its determination; and  
(b) w here possible, provide the overseas exporter or relevant foreign government an opportunity to 
provide comments.  
 (6) The terms and conditions of the undertaking must be in accordance with paragraph 18(6) 
of Schedule 4 to the Act.  
Secretary of State's power to accept undertakings  
 79.—(1) Where the TRA makes a recommendation under regulation 78 (TRA's power to 
recommend acceptance of undertakings) that the Secretary of State accept an undertaking, the 
Secretary of State must accept or reject the  recommendation.  
 (2) Where the Secretary of State accepts the TRA's recommendation, the Secretary of State 
must— 
(a) publish a notice containing the information set out in paragraph 1 of Schedule 4; and  
(b) notify interested parties.  
 (3) Where the Secret ary of State intends to reject the TRA's recommendation, the Secretary 
of State must — 
(a) where it is practicable, notify the overseas exporter or relevant foreign government of the 
reasons for that; and  
(b) where possible, provide the overseas exporter or  relevant foreign government an opportunity to 
provide comments.  
Monitoring compliance with an undertaking  
 80.—(1) The TRA must monitor compliance with the terms and conditions of an undertaking 
(see regulation 78).  G/ADP/N/1/GBR/1/Suppl.2 • G/SCM/N/1/GBR/1/Suppl.2  
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   (2) Part 6 applies to this Part to the  extent that the TRA considers relevant.  
The acceptance of a new undertaking in place of an existing undertaking  
 81. Regulations 77 (requests and offers of undertakings), 78 (TRA's power to recommend 
acceptance of undertakings) and 79 (Secretary of State' s power to accept undertakings) apply to 
the acceptance of a new undertaking in place of an existing undertaking.  
Undertakings ceasing to apply  
 82.—(1) An undertaking ceases to apply prior to the end of the period specified in the public 
notice made under  section 13 of the Act where — 
(a) an anti -dumping amount or a countervailing amount is no longer applicable to the dumped goods 
or subsidised imports listed in that notice;  
(b) the undertaking is withdrawn by the overseas exporter or relevant foreign government;  
(c) the Secretary of State withdraws acceptance of the undertaking; or  
(d) the TRA notifies the Secretary of State that the undertaking otherwise ceases to apply in 
accordance with its terms or conditions.  
 (2) Where an undertaking ceas es to apply, in accordance with paragraph (1)(a), (b) or (c), 
the Secretary of State must — 
(a) publish a notice containing the information set out in paragraph 2 of Schedule 4; and  
(b) notify interested parties.  
Breach of an undertaking  
 83.—(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 underta king from the date of the breach as determined by the 
TRA. G/ADP/N/1/GBR/1/Suppl.2 • G/SCM/N/1/GBR/1/Suppl.2  
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   (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 . 
Reviews by the TRA of the continuing application of an undertaking  
 84.—(1) The TRA may conduct a review (an "undertaking review") to consider whether — 
(a) the period of application of the undertaking should be extended so that it continues after it woul d 
otherwise expire;  
(b) the continuing application of the undertaking is necessary or sufficient to offset — 
 (i) the dumping of the goods in respect of which the undertaking is given; or  
 (ii) the subsidisation of the goods in respect of which the undertak ing is given;  
(c) injury to UK industry in the goods would be likely to continue or recur if the application of the 
undertaking were to expire or be varied, or its acceptance were to be withdrawn;  
(d) the goods in respect of which the undertaking applies s hould be varied; or  
(e) the undertaking including the terms and conditions continues to be appropriate.  
 (2) The TRA may initiate an undertaking review — 
(a) where a review (see Part 7) has been initiated in respect of the dumped goods or subsidised 
imports listed in the relevant public notice made under section 13 of the Act; or  
(b) on its own initiative.  
 (3) The TRA must provide interested parties with an opportunity to comment during the course 
of a review under this regulation.  
 (4) Re gulation 80 (monitoring compliance with an undertaking) applies to an undertaking 
review.  
 (5) Following an undertaking review, the TRA may determine that — 
(a) the terms and conditions of an undertaking should remain unchanged;  
(b) the terms and conditions  of an undertaking should be varied;  
(c) a new undertaking, offered by the overseas exporter or relevant foreign government, should be 
accepted;  
(d) the level of the anti -dumping amount or countervailing amount that may be applied in the 
alternative to the  continuation of the undertaking specified in the relevant public notice made under 
section 13 of the Act should be varied; or  
(e) the acceptance of an undertaking should be withdrawn.  
 (6) Where the TRA makes a determination in accordance with paragraph ( 5)(b) to (e), it must 
make a recommendation to the Secretary of State in accordance with its determination.  
 (7) Where the TRA makes a recommendation to the Secretary of State, the Secretary of State 
must accept or reject the recommendation.  
 (8) Where the  Secretary of State accepts the TRA's recommendation, the Secretary of State 
must— G/ADP/N/1/GBR/1/Suppl.2 • G/SCM/N/1/GBR/1/Suppl.2  
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  (a) publish a notice containing the information set out in paragraph 4 of Schedule 4; and  
(b) notify interested parties.  
 (9) Where the Secretary of State rejects the TRA's recommendation, the Secretary of State 
must notify interested parties accordingly.  
 (10) Where the Secretary of State intends to make a decision which will result in an 
undertaking ceasing to apply, the Secretary of State must — 
(a) where it is practicable,  notify the overseas exporter or relevant foreign government of the 
reasons for that decision; and  
(b) where possible, provide the overseas exporter or relevant foreign government an opportunity to 
provide comments.   G/ADP/N/1/GBR/1/Suppl.2 • G/SCM/N/1/GBR/1/Suppl.2  
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  PART 9  SUSPENSION  
Suspension of an anti -dumping amount or a countervailing amount  
 85.—(1) The TRA may make a recommendation to the Secretary of State (a "suspension 
recommendation") that the application of an anti -dumping amount or a countervailing amount be 
suspended for a specified period (the "period of suspension") in relation to some or all of the goods 
specified in a public notice made by the Secretary of State under section 13 of the Act.  
 (2) The TRA may make a suspension recommendation where — 
(a) paragraph ( 3) applies;  
(b) it is satisfied that a suspension is appropriate; and  
(c) the applicant UK industry has been given the opportunity to comment on the suspension 
proposed in the application for suspension (see regulation 86).  
 (3) This paragraph applies where the TRA, wheth er or not as a consequence of considering an 
application in accordance with regulation 86 (application for suspension), considers that the 
circumstances in paragraph ( 4) exist.  
 (4) Those circumstances are that — 
(a) market conditions have changed temporari ly; and  
(b) as a consequence of the change in market conditions, the injury caused to a UK industry is 
unlikely to recur if the application of an anti -dumping amount or a countervailing amount were to 
be suspended.  
 (5) In considering whether to make a sus pension recommendation, the TRA may take such 
steps as it considers appropriate.  
 (6) Where the TRA rejects an application for suspension, the TRA must notify the applicant.  
 (7) Where the TRA considers that it is not appropriate to make a suspension recom mendation, 
it must — 
(a) publish a notice of the reasons for its determination; and  
(b) notify the Secretary of State and interested parties.  
 (8) Where the TRA considers that it is appropriate to make a suspension recommendation, 
the recommendation must in clude — 
(a) the reasons for its determination;  
(b) the recommended period of suspension, which must begin on the day after the date of publication 
of the public notice under section 13 of the Act giving effect to the recommendation; and  
(c) any other inform ation it considers relevant.  
 (9) If the TRA makes a suspension recommendation, the Secretary of State must decide 
whether to accept or reject it.  
 (10) Where the Secretary of State accepts the suspension recommendation, the notice 
published by the Secreta ry of State under paragraph 26(6)(a) of Schedule 4 to the Act must contain 
the information set out in paragraph 1 of Schedule 5.  G/ADP/N/1/GBR/1/Suppl.2 • G/SCM/N/1/GBR/1/Suppl.2  
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   (11) The Secretary of State may only reject a suspension recommendation where the 
Secretary of State considers that it is not in the public interest to accept it.  
 (12) Where the Secretary of State rejects a suspension recommendation, the Secretary of 
State must — 
(a) publish a notice containing the information set out in paragraph 1 of Schedule 5;  
(b) notify interested parties; and  
(c) lay a statement before the House of Commons setting out the reasons for rejecting the 
recommendation.  
 (13) Where an anti -dumping amount or a countervailing amount is suspended under this Part, 
the period of suspension counts towards the s pecified period of the anti -dumping amount or 
countervailing amount as stated in the relevant public notice.  
Application for suspension  
 86.—(1) An application for suspension of an anti -dumping amount or a countervailing amount 
in accordance with regulatio n 85 (suspension of an anti -dumping amount or a countervailing 
amount) (a "suspension application") may be made to the TRA by or on behalf of an interested party.  
 (2) A suspension application to the TRA must include as far as possible information regarding — 
(a) the change in the market conditions;  
(b) the temporary nature of that change; and  
(c) the effect of the change on UK industry.  
 (3) Where a suspension application is withdrawn by the applicant, the TRA may still consider 
whether it is appropriate to make a suspension recommendation (see regulation 85). 
Period of suspension  
 87.—(1) The period of suspension referred to in regulation 85(1) must not exceed nine months 
commencing on the day after the publication of the public notice u nder section 13 of the Act giving 
effect to the suspension.  
 (2) Following an application by an interested party or where the TRA otherwise considers that 
it is appropriate, the TRA may recommend to the Secretary of State that the period of nine months 
in paragraph (1) be extended to a maximum of 21 months ("extended period of suspension").  
 (3) Where the TRA makes a recommendation in accordance with paragraph ( 2), but the 
duration of the extended period of suspension recommended is less than 21 months, the  TRA may 
make a further recommendation to the Secretary of State to increase the duration of the extended 
period of suspension where it considers it is appropriate to do so and provided that the overall 
duration of the extended period of suspension does no t exceed 21 months.  
 (4) Where the TRA rejects an application for an extension of the period of suspension, the TRA 
must notify the applicant.  
 (5) Where the TRA considers that it is not appropriate to make a recommendation to extend 
the period of suspension, it must — 
(a) publish a notice of its determination and the reasons for it; and  
(b) notify the Secretary of State and interested parties.  G/ADP/N/1/GBR/1/Suppl.2 • G/SCM/N/1/GBR/1/Suppl.2  
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   (6) Where the TRA considers that it is appropriate to make a recommendation to extend the 
period of suspen sion, the recommendation must include — 
(a) the reasons for its recommendation;  
(b) the recommended extended period of suspension, which must begin on the day after the date 
of publication of the public notice under section 13 of the Act giving effect to th e recommendation; 
and 
(c) any other information the TRA considers relevant.  
 (7) If the TRA makes a recommendation in accordance with this regulation, the Secretary of 
State must decide whether to accept or reject it.  
 (8) Where the Secretary of State acce pts a recommendation, the notice published by the 
Secretary of State under paragraph 26(6)(a) of Schedule 4 to the Act must contain the information 
set out in paragraph 3 of Schedule 5.  
 (9) The Secretary of State may only reject a recommendation where the  Secretary of State 
considers that it is not in the public interest to accept the recommendation.  
 (10) Where the Secretary of State rejects a recommendation, the Secretary of State must — 
(a) publish a notice containing the information set out in paragraph  3 of Schedule 5;  
(b) notify interested parties; and  
(c) lay a statement before the House of Commons setting out the reasons for rejecting the 
recommendation.  
Reinstatement of an anti -dumping amount or a countervailing amount  
 88.—(1) The TRA may make a re commendation to the Secretary of State to reinstate an anti -
dumping amount or a countervailing amount where it determines that the circumstances in 
regulation 85(4) no longer exist.  
 (2) Where the TRA makes a recommendation in accordance with this regulation, the 
recommendation must include — 
(a) the reasons for its recommendation; and  
(b) any other information it considers relevant.  
 (3) If the TRA makes a recommendation in accordance with this regulation, the Secretary of 
State must decide whether to accept or reject it.  
 (4) Where the Secretary of State accepts the recommendation, the Secretary of State must — 
(a)publish a public notice under section 13 of the Act containing the information set out in 
paragraph  4 of Schedule 5; and  
(b) notify intere sted parties.  
 (5) The Secretary of State may only reject a recommendation where the Secretary of State 
considers that it is not in the public interest to accept the recommendation.  
 (6) Where the Secretary of State rejects a recommendation, the Secretary of State must — 
(a) publish a notice containing the information set out in paragraph 4 of Schedule 5;  G/ADP/N/1/GBR/1/Suppl.2 • G/SCM/N/1/GBR/1/Suppl.2  
- 57 - 
  (b) notify interested parties; and  
(c) lay a statement before the House of Commons setting out the reasons for rejecting the 
recommendation.   G/ADP/N/1/GBR/1/Suppl.2 • G/SCM/N/1/GBR/1/Suppl.2  
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  PART 10 INVESTIGATIONS REGARDING REPAYMENTS  
Investigations regarding repayments  
 89.—(1) The TRA may conduct an investigation (a "repayment investigation") to determine 
whether HMRC should make a repayment of an anti -dumping amount or a countervailing amount 
(the "amount") under the Customs (Import Duty) (EU Exit) Regulations 2018( 6). 
 (2) The determination in paragraph (1) is a determination that the dumping ma rgin or amount 
of the subsidy has been — 
(a) eliminated; or  
(b) reduced to a level that is lower than the amount specified in the public notice made by the 
Secretary of State under section 13 of the Act.  
 (3) An importer may only make an application for a r epayment investigation if they make an 
application (a "qualifying application") to the TRA in accordance with this regulation.  
 (4) A qualifying application must contain — 
(a) a description of the goods to which the application relates;  
(b) evidence of the amount paid in respect of those goods;  
(c) details of the amount of the repayment requested;  
(d) sufficient evidence of the matters referred to in paragraph (2);  
(e) relevant evidence from the overseas exporter or a commitment that such evidence will be 
provided within 30 days of a request by the TRA;  
(f) information regarding the relationship between the importer and the overseas exporter; and  
(g) any other relevant information.  
 (5) In conducting a repayment investigation, the TRA must determine whether there has been 
dumping or subsidisation applying the same methodology as in the original investigation, unless the 
TRA considers that it is inappropriate to do so.  
 (6) Where the TRA constructs the export price in accordance with regulati on 15 (export price), 
the TRA may deduct any anti -dumping amount paid where it is not reflected in resale prices and 
subsequent selling prices in the United Kingdom.  
 (7) The TRA must reject an application for a repayment investigation and notify the impor ter 
where the application does not satisfy the requirements set out in paragraph (4)(d) or (e).  
 (8) Where the TRA makes a determination that HMRC should make a repayment under the 
Customs (Import Duty) (EU Exit) Regulations 2018, it must — 
(a) calculate th e amount of the repayment;  
(b) send a notification to HMRC that the TRA is satisfied that a repayment is due; and  
(c) publish a notice containing the information set out in paragraph 9 of Schedule 2.  
 (9) Where the TRA makes a determination that HMRC shoul d not make a repayment under 
the Customs (Import Duty) (EU Exit) Regulations 2018, it must notify the importer.  G/ADP/N/1/GBR/1/Suppl.2 • G/SCM/N/1/GBR/1/Suppl.2  
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  PART 11 MISCELLANEOU S 
Extension of the period of a provisional remedy in a dumping investigation  
 90.—(1) The TRA may recommend to the Secretary  of State (an "extension recommendation") 
that the period of a provisional remedy, which has been applied in respect of goods in the case of a 
dumping investigation, be extended.  
 (2) The TRA may only make an extension recommendation where — 
(a) paragraph ( 3) or (4) applies; and  
(b) the TRA is satisfied that the extension meets the economic interest test (see paragraph 25 of 
Schedule 4 to the Act).  
 (3) This paragraph applies where the TRA receives a request to extend the period of the 
provisional remedy fro m or on behalf of overseas exporters representing a significant volume of the 
dumped goods.  
 (4) This paragraph applies where — 
(a) the TRA considers that extending the period of the provisional remedy is appropriate in the 
circumstances;  
(b) the TRA issues  a notification to overseas exporters notifying them that the TRA considers it 
appropriate to extend the period of the provisional remedy ("proposed extension"); and  
(c) overseas exporters representing a significant volume of the dumped goods do not object  to the 
proposed extension.  
 (5) An extension recommendation must include — 
(a) a description of the goods to which the recommendation relates;  
(b) the overseas exporters that support or do not object to the extension;  
(c) the recommended period of extension, which must not exceed the period referred to in 
paragraph  16(2) of Schedule 4 to the Act and which must begin on the day on which the provisional 
remedy would have otherwise expired; and  
(d) the reasons for the TRA's recommendation.  
 (6) If the TRA makes an extension recommendation, the Secretary of State must decide 
whether to accept or reject it.  
 (7) The Secretary of State may only reject the TRA's recommendation where the Secretary of 
State is satisfied that it is not in the public intere st to accept it.  
 (8) In making a decision under paragraph ( 6), the Secretary of State must accept the TRA's 
determination that an extension meets the economic interest test (see paragraph 25 of Schedule 4 
to the Act) unless the Secretary of State is satis fied that the recommendation is not one that the 
TRA could reasonably have made.  
 (9) Where the Secretary of State accepts an extension recommendation, the Secretary of 
State must — 
(a) publish a notice containing the information set out in paragraph 1 of S chedule 6; and  
(b) notify interested parties.  G/ADP/N/1/GBR/1/Suppl.2 • G/SCM/N/1/GBR/1/Suppl.2  
- 60 - 
   (10) Where the Secretary of State rejects an extension recommendation, the Secretary of 
State must — 
(a) publish a notice containing the information set out in paragraph 1 of Schedule 6;  
(b) notify interested p arties; and  
(c) lay a statement before the House of Commons setting out the reasons for rejecting the 
recommendation.  
Relevant period in a dumping investigation  
 91.—(1) The TRA may recommend that an anti -dumping amount should apply to goods from 
the relev ant date specified in paragraph 19(3)(a)(i) of Schedule 4 to the Act where paragraph ( 2) 
applies.  
 (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 dump ing 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.  
Relevant perio d in a subsidisation investigation  
 92.—(1) The TRA may recommend that a countervailing amount should apply to goods from 
the relevant date specified in paragraph 19(3)(a)(i) of Schedule 4 to the Act where paragraph (2) 
applies.  
 (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 subsidisation investigation that 
in critical circumstances — 
(a) there is a massive volume of imports of the subsidised goods into  the United Kingdom in a short 
period of time;  
(b) the massive imports of the subsidised imports caused injury to a UK industry, which is difficult 
to repair; and  
(c) it is necessary in order to preclude the recurrence of such injury to a UK industry to re commend 
that a countervailing amount apply to goods from the relevant date specified in 
paragraph  19(3)(a)(i) of Schedule 4 to the Act.  
Meaning of export subsidisation  
 93.—(1) For the purpose of paragraph 27 of Schedule 4 to the Act, "export subsidisation " 
(and "export subsidy" accordingly) has the meaning given by this regulation.  
 (2) Subject to paragraph (3), export subsidisation means the granting of a subsidy which is 
contingent, in law or in fact, upon export performance.  G/ADP/N/1/GBR/1/Suppl.2 • G/SCM/N/1/GBR/1/Suppl.2  
- 61 - 
   (3) The fact that a subsidy is granted to enterprises which export does not for that reason 
alone mean that it is an export subsidy.  
 (4) When considering whether or not a subsidy is an export subsidy, the TRA must take into 
account footnote 1 and Annexes I to III to the Agreement on Subsidies and Countervailing Measures 
(being part of Annex 1A to the WTO Agreement).   G/ADP/N/1/GBR/1/Suppl.2 • G/SCM/N/1/GBR/1/Suppl.2  
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  PART 12 TRANSITIONAL  PROVISIONS  
Interpretation for Part 12  
 94.—(1) In this Part — 
"corresponding EU duty" means the EU anti -dumping duty or EU countervailing  duty in respect of 
which a relevant determination (referred to in regulation 95(1) (a) or (b)) that an anti -dumping 
amount or countervailing amount applies to goods was made;  
"EU anti -dumping duty" means a definitive anti -dumping duty that has, before rep lacement day, 
been imposed by provision made under Regulation (EU) 2016/1036 of the European Parliament and 
of the Council on protection against dumped imports from countries not members of the European 
Union( 7); 
"EU countervailing duty" means a definitive countervailing duty that has, before replacement day, 
been imposed by provision made under Regulation (EU) 2016/1037 of the European Parliament and 
of the Council on protection against subsidised imports from countries not members of the European 
Union( 8); 
"EU regulation" means a regulation within the meaning of Article 288 of the Treaty on the Functioning 
of the European Union;  
"EU tertiary legislation" means any provision made under an EU regulation;  
"qualifying application" means an application made to the Secretary of State by or on behalf of a UK 
industry in the goods to which the application relates; and  
"replacement day" means the day on which Part 1 of Schedule 7 to the Act comes into force in so 
far as it relates to any EU anti -dumping duty and any EU countervailing duty.  
 (2) For the purpose of this Pa rt, references to Regulation (EU) 2016/1036 and Regulation (EU) 
2016/1037 shall be taken to include references to earlier EU regulations under which provision was 
made for the imposition of, as the case may be, definitive anti -dumping duties and definitive  
countervailing duties.  
Application of this Part  
 95.—(1) This Part applies where — 
(a) an EU anti -dumping duty has been the subject of a qualifying application and, in respect of that 
duty, the Secretary of State has, before replacement day, made a relevan t determination; or  
(b) an EU countervailing duty has been the subject of a qualifying application and, in respect of that 
duty, the Secretary of State has, before replacement day, made a relevant determination.  
 (2) A relevant determination referred to in paragraph (1)(a) is a determination that, where 
the EU anti -dumping duty is expected to apply to goods immediately before replacement day, an 
anti-dumping amount in the same amount as the EU anti -dumping duty applies to the same goods 
upon a nd from replacement day until the appropriate date.  
 (3) A relevant determination referred to in paragraph (1)(b) is a determination that, where 
the EU countervailing duty is expected to apply to goods immediately before replacement day, a 
countervailing a mount in the same amount as the EU countervailing duty applies to the same goods 
upon and from replacement day until the appropriate date.  
 (4) An EU countervailing duty expected to apply to goods immediately before replacement 
day includes a duty which wo uld so apply were it not for the acceptance by the European G/ADP/N/1/GBR/1/Suppl.2 • G/SCM/N/1/GBR/1/Suppl.2  
- 63 - 
  Commission, before replacement day, of an undertaking referred to in Article 13 of Regulation (EU) 
2016/1037.  
 (5) In this regulation, the "appropriate date" means — 
(a) the date upon which the EU anti-dumping duty or the EU countervailing duty, as the case may 
be, is due to expire; or  
(b) where upon replacement day the relevant duty is undergoing an expiry review (pursuant to 
Regulation (EU) 2016/1036 in the case of an anti -dumping duty or Regulati on (EU) 2016/1037 in 
the case of a countervailing duty), the date that is 30 days after replacement day.  
Notification etc of determination  
 96.—(1) The Secretary of State must — 
(a) publish a notice of a determination referred to in regulation 95(1); 
(b) notify the government of the exporting country or territory of any such determination; and  
(c) make provision by public notice to give effect to the determination.  
 (2) The notice  under paragraph (1)(c) must — 
(a) specify, in accordance with regulation 95(2) or (3) — 
 (i) the goods to which the anti -dumping amount or countervailing amount applies;  
 (ii) the anti -dumping amount or the countervailing amount;  
 (iii) the period for which the anti -dumping amount or countervailing amount applies;  
(b) refer to the EU tertiary legislation pursuant to which the EU anti -dumping duty or EU 
countervailing duty was imposed.  
 (3) Paragraph (4) applies where the Secretary of State has made a de termination referred to 
in regulation 95(1) and before replacement day - 
(a) the Secretary of State has reconsidered the matter and determined that the anti -dumping or 
countervailing amount should not apply to the same goods as the EU anti -dumping or EU 
countervailing duty as appropriate upon and from that day;  
(b) the EU anti -dumping or EU countervailing duty is varied or ceases to apply to goods; or  
(c) the Secretary of State otherwise withdraws such a determination.  
 (4) Where this paragraph applies, the Secretary of State must, where relevant — 
(a) publish a notice withdrawing any notice of the determination already published under 
paragraph  (1)(a);  
(b) notify the government of the exporting country or territory accordingly, to the extent that the 
Secretar y of State has already notified that country or territory under paragraph (1)(b) of the 
determination;  
(c) publish a notice revoking any public notice already given under paragraph (1)(c).  G/ADP/N/1/GBR/1/Suppl.2 • G/SCM/N/1/GBR/1/Suppl.2  
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  Treatment of amounts under this Part etc  
 97.—(1) Amounts applicabl e to goods under this Part shall be treated as if they were amounts 
applicable to goods following the Secretary of State's acceptance of a recommendation made by the 
TRA under paragraph 17(3) or (4) of Schedule 4 to the Act and, subject to the provision ma de by 
this Part and to the extent that the context permits, section 13 of the Act, that Schedule and the 
other Parts of these Regulations apply in relation to the former amounts as they do in relation to 
amounts applicable to goods following that acceptanc e. 
 (2) For the purpose of the application, in accordance with paragraph (1), of the other Parts of 
these Regulations in relation to amounts applicable to goods under this Part, a reference in any of 
those Parts to a public notice under section 13 of the A ct shall, in the case of such amounts, be 
taken to include a public notice referred to in this Part.  
 (3) Where the TRA conducts a new exporter review of an amount applicable to goods under 
this Part, regulation 71 (new exporter review) has effect with the  modifications specified in 
paragraph (4).  
 (4) The modifications are that — 
(a) the reference at paragraph (2), and the first and second references at paragraph (3), to the 
"United Kingdom" are read as references to the "European Union";  
(b) the references  at paragraphs (2) and (3) to the "period of investigation" are read as references 
to the investigation period referred to in Regulation (EU) 2016/1036 and Regulation (EU) 2016/1037 
as appropriate;  
(c) paragraph (4) is read as if it referred to the corresp onding EU duties and to such duties having 
been determined using sampling in accordance with Regulation (EU) 2016/1036 or Regulation 
2016/1037 as appropriate;  
(d) the references at paragraphs (4) and (6)(b) to the "non -sampled overseas exporter amount" are 
read as references to those amounts as established pursuant to Regulation (EU) 2016/1036 or 
Regulation (EU) 2016/1037 as appropriate;  
(e) at paragraph (7), for "the rate previously calculated in accordance with regulation 38 
(determination of r esidual amount)", there were substituted "the relevant anti -dumping amount in 
accordance with regulation 95(2)". 
 (5) In its application to an amount applicable to goods under this Part, regulation 74 (scope 
reviews) has effect with the omission of paragraphs (2) and (4)(a).  
Review of amounts under this Part  
 98.—(1) The TRA must — 
(a) conduct a review (referred to in this Part as a "transition review") of every anti -dumping amount 
and countervailing amount applicable to goods under this Part; and  
(b) initiate each such transition review before the date upon which, in accordance with 
regulation  95(2) or (3), such amount  will cease to apply to the relevant goods.  
 (2) Prior to initiating a transition review of a countervailing amount, the TRA must notify the 
government of the exporting country or territory and the Secretary of State.  
 (3) Upon initiating a transition revi ew (whether of an anti -dumping amount or a countervailing 
amount), the TRA must — 
(a) publish a notice of its initiation of such a review; and  G/ADP/N/1/GBR/1/Suppl.2 • G/SCM/N/1/GBR/1/Suppl.2  
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  (b) notify the government of the exporting country or territory and the Secretary of State.  
 (4) A notice referred  to in paragraph (3)(a) must contain — 
(a) details of the content of the public notice, referred to in regulation 96(1)(c), in respect of the 
anti-dumping amount or countervailing amount to which the review relates;  
(b) the information referred to in sub-paragraphs (c) to (g) and (k) to (n) of paragraph 1 (notice of 
initiation of a review) of Schedule 3.  
 (5) Where a notice of the initiation of a transition review has been published and provided the 
Secretary of State has made relevant provision by pub lic notice, the anti -dumping amount or 
countervailing amount subject to review continues to apply to the relevant goods (where it would 
otherwise cease to do so) until the Secretary of State makes further provision by public notice.  
 (6) A transition revie w in respect of an anti -dumping amount applicable to goods is a review 
to consider whether — 
(a) the continuing application of that amount is necessary or sufficient to offset the dumping of the 
relevant goods in the United Kingdom; and  
(b) there would be i njury to the UK industry in those goods if an anti -dumping amount were no 
longer to apply to those goods.  
 (7) A transition review in respect of a countervailing amount is a review to consider whether — 
(a) the continuing application of that amount is neces sary or sufficient to offset the importation of 
the relevant subsidised goods into the United Kingdom; and  
(b) there would be injury to the UK industry in those goods if a countervailing amount were no longer 
to apply to those goods.  
 (8) A transition revi ew may include — 
(a) the consideration of whether, and if so to what level, it is appropriate to recalculate the anti -
dumping amount or countervailing amount;  
(b) the reassessment of the margin of dumping or the amount of the subsidy;  
(c) the reassessment o f the amount adequate to remove the injury caused to the UK industry by 
dumped goods or subsidised imports;  
(d) the consideration of whether the goods or the description of goods to which an anti -dumping 
amount or a countervailing amount applies should be varied.  
 (9) Parts 2, 3, 4 and 6 apply to reviews conducted under this Part to the extent that the TRA 
considers relevant.  
 (10) Part 5 applies to reviews conducted under this Part.  
 (11) Where other Parts of these Regulations are applied to reviews under this Part, references 
in those Parts to "goods concerned" and similar expressions shall be construed as references to the 
goods to which the application of an anti -dumping amount or a countervailing amount is being 
reviewed.  
 (12) Where the TRA const ructs the export price in accordance with regulation 15 (export 
price), the TRA may deduct any anti -dumping amount paid where it is not  reflected in resale prices 
and subsequent selling prices in the United Kingdom.  
 (13) The TRA may initiate a transition review before replacement day.  G/ADP/N/1/GBR/1/Suppl.2 • G/SCM/N/1/GBR/1/Suppl.2  
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   (14) Where the TRA initiates a transition review before replacement day, it may terminate 
such a review . 
 (15) Where the TRA terminates a transition review, it must — 
(a) initiate and conduct a transition review of the relevant anti -dumping or countervailing amount 
at a later date;  
(b) publish a notice of the termination containing the information referred t o in paragraph 2 of 
Schedule 3;  
(c) notify the government of the exporting country or territory and the Secretary of State.  
Determinations upon conclusion of transition reviews  
 99.—(1) Upon concluding a transition review, the TRA must make a determination or 
determinations covering all of the goods that were the subject of the review.  
 (2) A determination referred to in paragraph (1) is a determination that the application of an 
anti-dumping amount or a countervailing amount to goods should be — 
(a) varied; or  
(b) revoked.  
 (3) The TRA must have regard to the current and prospective impact of an anti -dumping 
amount or a countervailing amount when making a determination regarding the future application 
of that amount.  
 (4) The TRA may make a dete rmination in respect of some of the goods which were the subject 
of the review which is different to the determination which it makes in respect of others.  
 (5) Where the TRA makes a determination that the application of an anti -dumping amount or 
a counter vailing amount to goods should be varied, the variation may, amongst other things, 
comprise or include — 
(a) subject to paragraph (6), reducing the anti -dumping amount or countervailing amount;  
(b) subject to paragraph (6), increasing the anti -dumping amoun t or countervailing amount;  
(c) reducing the period for which the anti -dumping amount or countervailing amount applies;  
(d) subject to paragraph (8), extending the period for which the anti -dumping amount or 
countervailing amount applies.  
 (6) Where the TR A makes a determination that the application of an anti -dumping amount or 
a countervailing amount to goods should be varied, that variation must not comprise or include 
reducing or increasing such amount to an amount which — 
(a) in the case of an anti -dumpi ng amount, exceeds the margin of dumping or, if less than the 
margin of dumping, the amount which the TRA is satisfied would be adequate to remove the injury 
to UK industry caused by the dumped goods;  
(b) in the case of a countervailing amount, exceeds the  amount of the subsidy or, if less than the 
amount of the subsidy, the amount which the TRA is satisfied would be adequate to remove the 
injury to UK industry caused by the subsidised imports.  
 (7) Where the TRA makes a determination that the application o f an anti -dumping amount or 
a countervailing amount to goods should be varied and it has not been possible for the TRA to G/ADP/N/1/GBR/1/Suppl.2 • G/SCM/N/1/GBR/1/Suppl.2  
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  recalculate the anti -dumping amount or countervailing amount, that variation may include 
maintaining that amount.  
 (8) Where the TRA makes a determination that the application of an anti -dumping amount or 
a countervailing amount to goods should be varied, that variation must not comprise or include 
extending the period for which the amount applies by a period, calculated from the da te of the public 
notice referred to in regulation 101(5)(a), of more than five years.  
TRA's recommendation to the Secretary of State  
 100.—(1) The TRA must, following the making of a determination referred to in regulation 99 
(determinations upon conclusio n of transition reviews), make a recommendation to the Secretary of 
State in respect of the goods to which the determination relates.  
 (2) A recommendation referred to in paragraph (1) is a recommendation that the application 
of an anti -dumping amount or a  countervailing amount to goods should be — 
(a) varied; or  
(b) revoked.  
 (3) The TRA must not make a recommendation that the application of an anti -dumping amount 
or a countervailing amount to goods should be varied, unless it is satisfied that such a 
recom mendation would meet the economic interest test and, where it is not so satisfied, it must 
instead make a recommendation that the application of that amount to those goods should be 
revoked.  
 (4) The TRA's recommendation must include — 
(a) a description of the goods to which the recommendation relates;  
(b) the names of the overseas exporters, or where impracticable, the exporting countries or 
territories concerned;  
(c) the reasons for its recommendation.  
Acceptance or rejection of the TRA's recommendation by  the Secretary of State  
 101.—(1) Where the TRA makes a recommendation in accordance with regulation 100 (TRA's 
recommendation to the Secretary of State), the Secretary of State must accept or reject that 
recommendation.  
 (2) The Secretary of State may reject the TRA's recommendation only if satisfied that it is not 
in the public interest to accept it.  
 (3) In considering that, where the recommendation is a recommendation that the application 
of an anti -dumping or a countervailing amount to goods should be varied, the Secretary of State 
must accept the TRA's determination that the application of an anti -dumpi ng amount or a 
countervailing amount to goods in accordance with the recommendation meets the economic interest 
test, unless the Secretary of State is satisfied that that determination is not one that the TRA could 
reasonably have made.  
 (4) Where the Secr etary of State rejects the TRA's recommendation, the Secretary of State 
must— 
(a) publish a notice of the rejection which contains the following information — 
 (i) a description of the goods to which the recommendation relates;  
 (ii) a summary of the review ; G/ADP/N/1/GBR/1/Suppl.2 • G/SCM/N/1/GBR/1/Suppl.2  
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   (iii) the TRA's recommendation;  
 (iv) the reasons for the TRA's recommendation;  
 (v) the reasons for the Secretary of State's rejection;  
(b) notify interested parties; and  
(c) lay a statement before the House of Commons setting out the reasons for rejec ting the 
recommendation.  
 (5) Where the Secretary of State accepts the TRA's recommendation, the Secretary of State 
must— 
(a) make provision by public notice to give effect to the recommendation;  
(b) notify interested parties.  
 (6) The notice referred to in paragraph (5)(a) must contain the following information — 
(a) the information referred to in sub -paragraphs (i) to (iv) of paragraph (4)(a);  
(b) where relevant, the revised anti -dumping amount or countervailing amount;  
(c) where relevant, the  new period for which the anti -dumping amount or countervailing amount will 
apply.  
 (7) The period referred to in paragraph (6)(c) must begin on the day after the date of 
publication of the public notice.   G/ADP/N/1/GBR/1/Suppl.2 • G/SCM/N/1/GBR/1/Suppl.2  
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  PART 13 TRANSITIONAL  PROVISIONS RELATING  TO THE TRA 
CHAPTER 1 GENERAL MO DIFICATIONS  
 102. Unless otherwise specified in this Part, these Regulations have effect as if — 
(a) for "TRA", in each place where this occurs (excluding regulation 1), there were substituted 
"Secretary of State";  
(b) for "TRA's", i n each place where this occurs, there were substituted, "Secretary of State's";  
(c) for "it", where this is a reference to the TRA, in each place where it occurs, there were substituted 
"the Secretary of State"; and  
(d) for "its" in the following provision s, in each place where it occurs, there were substituted "the" — 
 (i) regulation 23(2);  
 (ii) regulation 30(3);  
 (iii) regulation 36(4);  
 (iv) regulation 37(2);  
 (v) regulation 41(5)(a);  
 (vi) regulation 48(2);  
 (vii) regulation 56(2) and (4);  
 (viii) regul ation 57(2) and (3);  
 (ix) regulation 64(3)(a) and (4)(a);  
 (x) regulation 67(7)(a);  
 (xi) regulation 78(5)(a);  
 (xii) regulation 98(3)(a);  
 (xiii) paragraphs 7(c) and 9(c), Schedule 2.  
CHAPTER 2 FURTHER MO DIFICATIONS  
Modification to Part 1  
 103. Regulation 2 (interpretation) has effect as if, in the definition of "application", for 
"paragraph  9(1)(a) of Schedule 4 to the Act", there were substituted "paragraph 9(1)(a)(i) of 
Schedule 4 to the Act".  
Modifications to Part 6  
 104. Regulation 40 (gene ral provisions) has effect as if, in paragraphs (1) and (2)(c) and (d), 
for "its" there were substituted "the Secretary of State's".  
 105. Regulation 41 (revision of scope of an investigation) has effect as if — G/ADP/N/1/GBR/1/Suppl.2 • G/SCM/N/1/GBR/1/Suppl.2  
- 70 - 
  (a) in paragraph (1), for "its determination" , there were substituted "the Secretary of State's 
decision"; and  
(b) at the end of paragraph (5)(a), there were inserted "(or been otherwise available to the Secretary 
of State, where no application was made)".  
 106. Regulation 45 (confidential informatio n) has effect as if — 
(a) in paragraph (1)(a), for "its", there were substituted "the Secretary of State's"; and  
(b) paragraph (5) were omitted.  
 107. Regulation 46 (permitted disclosure) has effect as if — 
(a) in paragraphs (1) and (3), "the TRA or", in eac h place where this occurs, were omitted; and  
(b) paragraph (2) were omitted.  
 108. Regulation 52 (assessment of an application) has effect as if — 
(a) for the heading of that regulation, there were substituted — 
 "Assessment of information to determine whether to initiate an investigation"; and  
(b) for paragraph (1), there were substituted — 
 "(1) The Secretary of State must examine the accuracy and adequacy of the information — 
(a) contained  in, or supplied with, an application; or  
(b) obtained  or held by the Secretary of State, for the purposes of the initiation of an investigation, 
where there is no application,  
 to determine whether it is sufficient to justify the initiation of an investigation under 
paragraph  9 of Schedule 4 to the Act. ". 
 109. Regulation 53 (publicising an application) has effect as if — 
(a) for the heading of that regulation, there were substitute d— 
 "Publicity";  
(b) in paragraph (1), after "application", there were inserted "or that the Secretary of State is 
considering whether to make a decision under paragraph 9(1)(a)(ii) of Schedule 4 to the Act"; and  
(c) in paragraph (3), after "regulation 50 (application)", there were inserted ", where applicable,".  
 110. Regulation 54 (registration of interest and the is suing of questionnaires) has effect as if, 
for paragraphs (2)(b) and (3)(b), there were substituted — 
"(b) all UK producers, importers and overseas exporters (or associations thereof) which — 
 (i) the applicant UK industry has identified in their application ; or 
(ii) where no application has been made, the Secretary of State has identified as being relevant 
to the investigation; ". 
 111. Regulation 61 (hearing) has effect as if, in paragraph (1)(b), for "its" there were 
substituted "the Secretary of State's".  G/ADP/N/1/GBR/1/Suppl.2 • G/SCM/N/1/GBR/1/Suppl.2  
- 71 - 
   112. Regulation 65 (content of notices) has effect as if — 
(a) in paragraph (3), for "recommendation regarding requiring", there were substituted "preliminary 
decision to require";  
(b) in paragraph (4)  — 
 (i) for "paragraph 15(4)(a) and (5)(a)", there were  substituted "paragraph 15(3)(a) and 
(4)(a)";  
 (ii) for "acceptance or rejection of a recommendation requiring a guarantee", there were 
substituted "decision to give effect, or not to give effect, to a preliminary decision to require a 
guarantee";  
(c) in p aragraph (5), for "recommendation", there were substituted "preliminary decision";  
(d) in paragraph (6) — 
 (i) for "paragraph 20(4)(a) and 20(5)(a)", there were substituted "paragraph 20(3)(a) and 
20(4)(a)";  
 (ii) for "acceptance or rejection of the TRA's recommendation" there were substituted "decision 
to give effect, or not to give effect, to a preliminary decision";  
(e) paragraph (9) were omitted; and  
(f) in paragraph (10), "paragraph (4) or (6) of" were omitted.  
Modifications to Part 7  
 113. Regulation 67 (initiation of a review) has effect as if — 
(a) in paragraphs (1)(b) and (2)(b), for "its", there were substituted "the Secretary of State's";  
(b) in paragraph (7)(b), "the Secretary of State and" were omitted; and  
(c) in paragraph (9), "and the Secretary of State" were omitted.  
 114. Regulation 69 (interim review) has effect as if — 
(a) in paragraph (2), for "its", there were substituted "the Secretary of State's";  
(b) in paragraphs (6) and (11), for "determine", there were substituted "make a  preliminary 
decision";  
(c) in paragraphs (7) and (9), for "determination", there were substituted "preliminary decision";  
(d) for paragraph (10), there were substituted — 
 "(10) The Secretary of State may only make a preliminary decision that the 
applicati on of an anti -dumping amount or a countervailing amount be extended in 
accordance with this regulation, if the Secretary of State is satisfied that the application 
of an anti -dumping amount or a countervailing amount meets the economic interest 
test (see p aragraph 25 of Schedule 4 to the Act) and, where the Secretary of State is 
not so satisfied, the Secretary of State must instead make a preliminary decision that 
the application of the anti -dumping amount or the countervailing amount to those goods 
should be revoked."; and  
(e) in paragraph (12), for "determines", there were substituted "makes a preliminary decision ”. G/ADP/N/1/GBR/1/Suppl.2 • G/SCM/N/1/GBR/1/Suppl.2  
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   115. Regulation 70 (expiry review) has effect as if — 
(a) in paragraphs (2) and (7) to (9), for "determination", there were substituted "preli minary 
decision";  
(b) in paragraph (9), for "accepted or rejected the TRA's recommendation in accordance with 
regulation 76 (acceptance or rejection of the TRA's recommendation by the Secretary of State)", 
there were substituted "decided to give effect to the preliminary decision (or not, as the case may 
be) in accordance with regulation 76 (Secretary of State's decision whether to give effect to a 
preliminary decision following the conclusion of a review)";  
(c) in paragraph (11), for "determine", there wer e substituted "make a preliminary decision"; and  
(d) for paragraph (12), there were substituted — 
"(12) The Secretary of State may only make a preliminary decision that the application 
of an anti -dumping amount or a countervailing amount be extended in acco rdance with 
this regulation, if the Secretary of State is satisfied that the application of an anti -
dumping amount or a countervailing amount meets the economic interest test (see 
paragraph 25 of Schedule 4 to the Act).".  
 116. Regulation 71 (new exporter review) has effect as if — 
(a) in paragraph (5), sub -paragraph (a) (and the "and" after it) were omitted;  
(b) in paragraph (6), for "determine", there were substituted "make a preliminary decision";  
(c) in paragraph (7), for "de termination", there were substituted "preliminary decision"; and  
(d) for paragraph (8), there were substituted — 
"(8) If the Secretary of State makes a preliminary decision under paragraph (6)(b) or 
(c) in respect of an anti -dumping amount (and the Secretar y of State has decided to 
give effect to that decision in accordance with regulation 76 (Secretary of State's 
decision whether to give effect to a preliminary decision following the conclusion of a 
review)), the Secretary of State may, by a public notice m ade under section 13 of the 
Act, apply the rate specified in the preliminary decision in respect of that new exporter 
from the date of the initiation of the review.".  
 117. Regulation 72 (absorption review) has effect as if — 
(a) in paragraph (4), for "determination", in the first place it occurs, there were substituted 
"preliminary decision";  
(b) in paragraph (6), for "recommend the application of", there were substituted "m ake a preliminary 
decision to apply"; and  
(c) in paragraph (7), for "determine", there were substituted "make a preliminary decision".  
 118. Regulation 73 (circumvention review) has effect as if — 
(a) in paragraph (7), for "determine", there were substitute d "make a preliminary decision"; and  
(b) in paragraph (8), for "determination", there were substituted "preliminary decision".  
 119. Regulation 74 (scope review) has effect as if — 
(a) in paragraph (2), for "its", there were substituted "the Secretary of St ate's"; and  
(b) in paragraph (5), for "determine", there were substituted "make a preliminary decision".  G/ADP/N/1/GBR/1/Suppl.2 • G/SCM/N/1/GBR/1/Suppl.2  
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   120. Chapter 3 of Part 7 (TRA recommendation and decision of the Secretary of State) has 
effect as if, for the heading of that Chapter, there were sub stituted — 
 "Secretary of State's decision whether to give effect to a preliminary decision".  
 121. Regulation 75 (TRA recommendation to the Secretary of State) has effect as if — 
(a) for the heading of that regulation, there were substituted — 
 "Secretary of  State's preliminary decision following the conclusion of a review"; and  
(b) for that regulation, there were substituted — 
  "75.-(1) Following the conclusion of a review, where paragraph (2) applies, the 
preliminary decision made by the Secretary of State must include — 
(a) a description  of the goods to which the preliminary decision relates;  
(b) the names of overseas exporters, or where impracticable, the exporting countries or territories;  
(c) where  relevant, the period for which the anti -dumping amo unt or countervailing amount should 
be applicable, which must begin on the day after the date of publication of the public notice under 
section 13 of the Act giving effect to the preliminary decision, unless the Secretary of State makes 
a determination in accordance with paragraph (3); and  
(d) the reasons  for the Secretary of State's preliminary decision.  
  (2) This paragraph applies where the Secretary of State makes a preliminary decision 
that— 
(a) the application of an anti -dumping amount or a countervai ling amount to some or all of the goods 
subject to review should be varied;  
(b) the application of an anti -dumping amount or a countervailing amount to some or all of the 
goods subject to review should be revoked;  
(c) the period of the application of an an ti-dumping amount or a countervailing amount should be 
extended; or  
(d) an anti -dumping amount or a countervailing amount should be applied to a new exporter at a 
particular level.  
  (3) The Secretary of State may, as part of a preliminary decision, determine that the 
application of a varied anti -dumping amount or countervailing amount should be applicable to goods 
from a date before the date set out in the public notice made under section 13 of the Act giving 
effect to the preliminary decis ion where — 
(a) the preliminary decision is in respect of a review in accordance with regulation 73 (circumvention 
review); and  
(b) the requirements set out in paragraph 21(10) of Schedule 4 to the Act are satisfied.  
  (4) Where the Secretary of State makes a preliminary decision other than a preliminary 
decision referred to in paragraph (2), and decides to give effect to it, the Secretary of State must — 
(a) terminate  the review;  
(b) publish  a notice containing the information set out in paragraph 2 of Schedule  3; and 
(b) notify  interested parties. ". G/ADP/N/1/GBR/1/Suppl.2 • G/SCM/N/1/GBR/1/Suppl.2  
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   122. Regulation 76 (acceptance or rejection of the TRA's recommendation by the Secretary 
of State) has effect as if — 
(a) for the heading of that regulation, there were substituted — 
 "Secretary of State's de cision whether to give effect to a preliminary decision 
following the conclusion of a review"; and  
(b) for that regulation, there were substituted — 
  "76.—(1) Where the Secretary of State makes a preliminary decision referred to in 
regulation 75(2) (Secret ary of State's preliminary decisions following the conclusion of a review), 
the Secretary of State must decide whether to give effect to the preliminary decision.  
  (2) The Secretary of State may decide not to give effect to the preliminary decision only 
if the Secretary of State is satisfied that it is not in the public interest to give effect to it.  
  (3) Where the Secretary of State decides not to give effect to the preliminary decision, 
the Secretary of State must — 
(a) publish  a notice co ntaining the information set out in paragraph 3 or 4 of Schedule  3; 
(b) notify  interested parties; and  
(c) lay a statement before the House of Commons setting out the reasons for deciding not to give 
effect to the preliminary decision.  
  (4) Where the Secr etary of State decides to give effect to the preliminary decision, the 
notice published by the Secretary of State under paragraph 21(7)(a) of Schedule 4 to the Act must 
contain the information set out in paragraph 3 or 4 of Schedule 3. ". 
Modifications to P art 8  
 123. Regulation 77 (requests and offers of undertakings) has effect as if paragraph (1)(a) 
were omitted.  
 124. Regulation 78 (TRA's power to recommend acceptance of undertakings) has effect as 
if— 
(a) for the heading of that regulation, there were substituted — 
 "Secretary of State's decision whether to accept undertakings";  
(b) in paragraph (1) — 
 (i) for "The TRA may make a recommendation to the Secretary of State under paragraph 23(1) 
of Schedule 4 to the Act to accept an undertaking", there w ere substituted "The Secretary of State 
may accept an undertaking under paragraph 23(1) of Schedule 4 to the Act";  
 (ii) in sub -paragraph (d), for "requirements" there were substituted "requirement";  
(c) in paragraph (2), for "recommend the acceptance of" there were substituted "accept"; and  
(d) in paragraph (4), for "recommendation" — 
 (i) in the first place where it occurs, there were substituted "decision"; and  
 (ii) in the second place where it occurs, there were substituted "preliminary decision".  G/ADP/N/1/GBR/1/Suppl.2 • G/SCM/N/1/GBR/1/Suppl.2  
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   125. Regulation 79 (Secretary of State's power to accept undertakings) has effect as if — 
(a) paragraph (1) were omitted; and  
(b) in paragraphs (2) and (3) for "the TRA's recommendation" there were substituted "an 
undertaking".  
 126. Regulation 81 (the acceptance of a new undertaking in place of an existing undertaking) 
has effect as if, for "TRA's power to recommend acceptance of undertakings", there were substituted 
"Secretary of State's decision whether to accept undertakings".  
 127. Regulatio n 82 (undertakings ceasing to apply) has effect as if, in paragraph (1)(d), "the 
TRA notifies the Secretary of State that" were omitted.  
 128. Regulation 83 (breach of an undertaking) has effect as if — 
(a) in paragraph (1)(a), "or the Secretary of State" w ere omitted; and  
(b) in paragraphs (1)(b), for "its" there were substituted "the Secretary of State's".  
 129. Regulation 84 (reviews by the TRA of the continuing application of an undertaking) has 
effect as if — 
(a) in paragraph (2)(b), for "its", there wer e substituted "the Secretary of State's";  
(b) paragraphs (6) and (7), were omitted;  
(c) in paragraph (8), for "accepts the TRA's recommendation", there were substituted "makes a 
determination in accordance with paragraph (5)(b) to (e)"; and  
(d) in paragraph (9), for "rejects the TRA's recommendation", there were substituted "decides not 
to make a determination in accordance with paragraph (5)(b) to (e)".  
Modifications to Part 9  
 130. Part 9 of these Regulations has effect as if, for that Part, there  were substituted — 
"PART  9 Suspension  
 Suspension of an anti -dumping amount or a countervailing amount  
  85.—(1) The Secretary of State may make a preliminary decision (a "preliminary 
suspension decision") that the application of an anti -dumping amount or a countervailing amount 
be suspended for a specified period (the "period of suspension") in relation to some or all of the 
goods specified in a public notice made by the Secretary of State under section 13 of the Act.  
  (2) The Secretary of State may make a preliminary suspension decision where — 
(a) paragraph (3) applies;  
(b) the Secretary of State is satisfied that a suspension is appropriate; and  
(c) the applicant UK industry has been given the opportunity to comment on the suspension 
proposed in the appl ication for suspension (see regulation 86).  
  (3) This paragraph applies where the Secretary of State, whether or not as a 
consequence of considering an application in accordance with regulation 86 (application for 
suspension), considers that the circumstances in paragraph (4) exist.  
  (4) Those circumstances are that — G/ADP/N/1/GBR/1/Suppl.2 • G/SCM/N/1/GBR/1/Suppl.2  
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  (a) market conditions have changed temporarily; and  
(b) as a consequence of the change in market conditions, the injury caused to a UK industry is 
unlikely to recur if the application of an anti -dumping amount or a countervailing amount were to 
be suspended.  
  (5) In considering whether to make a preliminary suspension decision, the Secretary of 
State may take such steps as the Secretary of State considers appropriate.  
  (6) Where the Secretary of State rejects an application for suspension, the Secretary of 
State must notify the applicant.  
  (7) Where the Secretary of State decides that it is not appropriate to make a preliminary 
suspension decision, the Secretary of State m ust— 
(a) publish a notice of the reasons for this decision; and  
(b) notify interested parties.  
  (8) Where the Secretary of State decides that it is appropriate to make a preliminary 
suspension decision, the preliminary suspension decision must include — 
(a) the reasons for the decision;  
(b) the period of suspension, which must begin on the day after the date of publication of the public 
notice under section 13 of the Act giving effect to the preliminary suspension decision; and  
(c) any other information the  Secretary of State considers relevant.  
  (9) If the Secretary of State makes a preliminary suspension decision, the Secretary of 
State must decide whether to give effect to the decision.  
  (10) Where the Secretary of State decides to give effect to the pr eliminary suspension 
decision, the notice published by the Secretary of State under paragraph 26(6)(a) of Schedule 4 to 
the Act must contain the information set out in paragraph 1 of Schedule 5.  
  (11) The Secretary of State may only decide not to give eff ect to a preliminary 
suspension decision where the Secretary of State considers that it is not in the public interest to give 
effect to it.  
  (12) Where the Secretary of State decides not to give effect to a preliminary suspension 
decision, the Secretary o f State must — 
(a) publish a notice containing the information set out in paragraph 1 of Schedule 5;  
(b) notify interested parties; and  
(c) lay a statement before the House of Commons setting out the reasons for deciding not to give 
effect to the preliminar y suspension decision.  
  (13) Where an anti -dumping amount or a countervailing amount is suspended under 
this Part, the period of suspension counts towards the specified period of the anti -dumping amount 
or countervailing amount as stated in the relevant p ublic notice.  
 Application for suspension  
  86.—(1) An application for suspension of an anti -dumping amount or a countervailing 
amount in accordance with regulation 85 (suspension of an anti -dumping amount or a countervailing 
amount) (a "suspension application") may be made to the Secretary of State by or on behalf of an 
interested party.  G/ADP/N/1/GBR/1/Suppl.2 • G/SCM/N/1/GBR/1/Suppl.2  
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    (2) A suspension application to the Secretary of State must include as far as possible 
information regarding — 
(a) the change in the market conditions;  
(b) the temporary nature of that change; and  
(c) the effect of the change on UK industry.  
  (3) Where a suspension application is withdrawn by the applicant, the Secretary of State 
may still consider whether it is appropriate to make a preliminary suspension decision (see 
regulation  85). 
 Period of suspension  
  87.—(1) The period of suspension referred to in regulation 85(1) must not exceed nine 
months commencing on the day after the publication of the public notice under section 13 of t he Act 
giving effect to the suspension.  
  (2) Following an application by an interested party or where the Secretary of State 
otherwise considers that it is appropriate, the Secretary of State may make a preliminary decision 
that the period of nine months in paragraph (1) be extended to a maximum of 21 months ("extended 
period of suspension").  
  (3) Where the Secretary of State makes a preliminary decision in accordance with 
paragraph (2), but the duration of the extended period of suspension in accordance with that decision 
is less than 21 months, the Secretary of State may make a further preliminary decision to increase 
the duration of the extended period of suspension where the Secretary of State considers it is 
appropriate to do so and provided that the overall duration of the extended period of suspension 
does not exceed 21 months.  
  (4) Where the Secretary of State rejects an application for an extension of the period 
of suspension, the Secretary of State must notify the applicant.  
  (5) Where the Secre tary of State decides that it is not appropriate to make a preliminary 
decision to extend the period of suspension, the Secretary of State must — 
(a) publish a notice of the decision and the reasons for it; and  
(b) notify interested parties.  
  (6) Where the  Secretary of State decides that it is appropriate to make a preliminary 
decision to extend the period of suspension, the preliminary decision must include — 
(a) the reasons for the preliminary decision;  
(b) the extended period of suspension, which must beg in on the day after the date of publication of 
the public notice under section 13 of the Act giving effect to the preliminary decision; and  
(c) any other information the Secretary of State considers relevant.  
  (7) If the Secretary of State makes a preliminary decision in accordance with this 
regulation, the Secretary of State must decide whether to give effect to the preliminary decision.  
  (8) Where the Secretary of State decides to give effect to a preliminary decision, the 
notice published by the  Secretary of State under paragraph 26(6)(a) of Schedule 4 to the Act must 
contain the information set out in paragraph 3 of Schedule 5.  
  (9) The Secretary of State may only decide not to give effect to a preliminary decision 
where the Secretary of State considers that it is not in the public interest to give effect to it.  G/ADP/N/1/GBR/1/Suppl.2 • G/SCM/N/1/GBR/1/Suppl.2  
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    (10) Where the Secretary of State decides not to give effect to the preliminary decision, 
the Secretary of State must — 
(a) publish a notice containing the information set out in paragr aph 3 of Schedule 5;  
(b) notify interested parties; and  
(c) lay a statement before the House of Commons setting out the reasons for deciding not to give 
effect to the preliminary decision.  
 Reinstatement of an anti -dumping amount or a countervailing amount  
  88.—(1) The Secretary of State may make a preliminary decision to reinstate an anti -
dumping amount or a countervailing amount where the Secretary of State determines that the 
circumstances in regulation 85(4) no longer exist.  
  (2) Where the Secretary o f State makes a preliminary decision in accordance with this 
regulation, the preliminary decision must include — 
(a) the reasons for the preliminary decision; and  
(b) any other information the Secretary of State considers relevant.  
  (3) If the Secretary of  State makes a preliminary decision in accordance with this 
regulation, the Secretary of State must decide whether to give effect to the preliminary decision.  
  (4) Where the Secretary of State decides to give effect to a preliminary decision, the 
Secretar y of State must — 
(a) publish a public notice under section 13 of the Act containing the information set out in 
paragraph  4 of Schedule 5; and  
(b) notify interested parties.  
  (5) The Secretary of State may only decide not to give effect to a preliminary decision 
where the Secretary of State considers that it is not in the public interest to give effect to it.  
  (6) Where the Secretary of State decides not to give effect to a preliminary decision, 
the Secretary of State must — 
(a) publish a notice containing the information set out in paragraph 4 of Schedule 5;  
(b) notify interested parties; and  
(c) lay a statement before the House of Commons setting out the reasons for deciding not to make 
the preliminary decision. " 
Modifications to Part 11  
 131. Regulation 90 (extension of the period of a provisional remedy in a dumping 
investigation) has effect as if, for that regulation, there were substituted — 
 "90.—(1) The Secretary of State may make a preliminary decision that the period 
of a provisiona l remedy, which has been applied in respect of goods in the case of a 
dumping investigation, be extended (a "preliminary extension decision").  
  (2) The Secretary of State may only make a preliminary extension decision where — 
(a) paragraph (3) or (4) appli es; and  G/ADP/N/1/GBR/1/Suppl.2 • G/SCM/N/1/GBR/1/Suppl.2  
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  (b) the Secretary of State is satisfied that the extension meets the economic interest test (see 
paragraph 25 of Schedule 4 to the Act).  
  (3) This paragraph applies where the Secretary of State receives a request to extend 
the period of the provis ional remedy from or on behalf of overseas exporters representing a 
significant volume of the dumped goods.  
  (4) This paragraph applies where — 
(a) the Secretary of State considers that extending the period of the provisional remedy is 
appropriate in the c ircumstances;  
(b) the Secretary of State issues a notification to overseas exporters notifying them that the 
Secretary of State considers it appropriate to extend the period of the provisional remedy ("proposed 
extension"); and  
(c) overseas exporters repre senting a significant volume of the dumped goods do not object to the 
proposed extension.  
  (5) A preliminary extension decision must include — 
(a) a description of the goods to which the decision relates;  
(b) the overseas exporters that support or do not object to the extension;  
(c) the period of extension, which must not exceed the period referred to in paragraph 16(2) of 
Schedule 4 to the Act and which must begin on the day on which the provisional remedy would 
otherwise have expired; and  
(d) the rea sons for the decision.  
  (6) If the Secretary of State makes a preliminary extension decision, the Secretary of 
State must decide whether to give effect to the preliminary extension decision.  
  (7) The Secretary of State may only decide not to give effect to a preliminary extension 
decision, where the Secretary of State is satisfied that it is not in the public interest to give effect to 
it. 
  (8) Where the Secretary of State decides to give effect to a preliminary extension 
decision, the Secretary of State  must— 
(a) publish a notice containing the information set out in paragraph 1 of Schedule 6; and  
(b) notify interested parties.  
  (9) Where the Secretary of State decides not to give effect to a preliminary extension 
decision, the Secretary of State must— 
(a) publish a notice containing the information set out in paragraph 1 of Schedule 6;  
(b) notify interested parties; and  
(c) lay a statement before the House of Commons setting out the reasons for deciding not to give 
effect to the preliminary extens ion decision. ". 
 132. Regulation 91 (relevant period in a dumping investigation) has effect as if — 
(a)in paragraph (1), for "recommend", there were substituted "determine, as part of making a 
preliminary decision ,"; and  G/ADP/N/1/GBR/1/Suppl.2 • G/SCM/N/1/GBR/1/Suppl.2  
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  (b) in paragraph  (3), for "recommendation", there were substituted "determination".  
 133. Regulation 92 (relevant period in a subsidisation investigation) has effect as if, in 
paragraphs (1) and (2)(c), for "recommend", there were substituted "determine, as part of making  
a preliminary decision,".  
Modifications to Part 12  
 134. Regulation 97 (treatment of amounts under this Part etc.) has effect as if, in 
paragraph  (1)— 
(a) for "the Secretary  of State's acceptance of a recommendation made by the TRA", there were 
substitute d "a decision by the Secretary of State to give effect to a preliminary decision made"; and  
(b) for " acceptance ", there were substituted "decision".  
 135. Regulation 98 (review of amounts under this Part) has effect as if — 
(a) in paragraphs  (2), (3)(b) and  (15)(c), at the end, "and the Secretary of State", were omitted; 
and 
(b) in paragraph (3)(a), "its" were omitted.  
 136. Regulation 99 (determinations upon conclusion of transition reviews) has effect as if — 
(a) for " determination " or "determinations", in each place where these occur, including the heading, 
there were substituted "preliminary decision" or "preliminary decisions", as the case may be;  
(b) after paragraph  (2), there were inserted — 
"(2A) The Secretary of State must not make a preliminary decision that the application 
of an anti -dumping amount or a countervailing amount to goods should be varied, 
unless satisfied that such a decision would meet the economic interest test (see 
paragraph 25 of Schedule 4 to the Act) and, where the  Secretary of State is not so 
satisfied, the Secretary of State must instead make a preliminary decision that the 
application of that amount to those goods should be revoked.  
(2B) The Secretary of State's preliminary decision must include — 
(a) a descriptio n of the goods to which the preliminary decision relates;  
(b) the names of the overseas exporters, or where impracticable, the exporting countries or 
territories concerned;  
(c) the reasons for the preliminary decision. "; and  
(c) in paragraph (8), for "regu lation 101(5)(a)", there were substituted "regulation 100(4)(a)".  
 137. Regulations 100 (TRA's recommendation to the Secretary of State) and 101 (acceptance 
or rejection of the TRA's recommendation by the Secretary of State) have effect as if, for those 
regulations (including the headings), there were substituted — 
  "Secretar y of State's decision whether to give effect to a preliminary decision 
upon conclusion of a transition review  
   100.—(1) Where the Secretary of State makes a preliminary decision in 
accordance with regulation 99 (preliminary decisions upon conclusion of t ransition reviews), the 
Secretary of State must decide whether to give effect to the preliminary decision.  G/ADP/N/1/GBR/1/Suppl.2 • G/SCM/N/1/GBR/1/Suppl.2  
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     (2) The Secretary of State may only decide not to give effect to the preliminary 
decision where the Secretary of State is satisfied that it is not in the public interest to give effect to 
it. 
   (3) Where the Secretary of State decides not to give effect to the preliminary 
decision, the Secretary of State must — 
(a) publish a notice of the decision which contains the following information — 
 (i) a description of the goods to which the preliminary decision relates;  
 (ii) a summary of the review;  
 (ii) the preliminary decision;  
(iv) the reasons for the preliminary decision;  
(v) the reasons for the Secretary of State's decision not to give effect to th e preliminary decision;  
(b)notify interested parties;  
(c) lay a statement before the House of Commons setting out the reasons for deciding not to give 
effect to the preliminary decision.  
   (4) Where the Secretary of State decides to give effect to the pre liminary decision, 
the Secretary of State must — 
(a) make provision by public notice to give effect to the preliminary decision;  
(b) notify interested parties.  
   (5) The notice referred to in paragraph (4)(a) must contain the following 
information — 
(a) the  information referred to in sub -paragraphs (i) to (iv) of paragraph (3)(a);  
(b) where relevant, the revised anti -dumping amount or countervailing amount;  
(c) where relevant, the new period for which the anti -dumping amount or countervailing amount will 
apply. 
   (6) The period referred to in paragraph (5)(c) must begin on the day after the 
date of publication of the public notice. " 
Modifications to Schedule 2  
 138. Schedule 2 (content of notices) has effect as if — 
(a) in paragraph  1(g), "in the application" were omitted;  
(b) in paragraph  3— 
 (i) in the heading before that paragraph, for "recommendation regarding requiring", there 
were substituted "preliminary decision to require";  
 (ii) in sub -paragraph (d), for "determined that there is no recommendation", there were 
substituted "decided that there is no preliminary decision";  
(c) in paragraph  4— G/ADP/N/1/GBR/1/Suppl.2 • G/SCM/N/1/GBR/1/Suppl.2  
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   (i) in the heading before that paragraph, for "acc epting or rejecting a recommendation by the 
TRA regarding requiring", there were substituted "deciding to give effect, or not to give effect, to a 
preliminary decision to require";  
 (ii) in sub -paragraph (f), for "recommendation regarding requiring", there  were substituted 
"preliminary decision to require";  
 (iii) in sub -paragraph (g), for "accepts the TRA's recommendation", there were substituted 
"decides to give effect to the preliminary decision";  
 (iv) in sub -paragraph (h) — 
  (aa) for "rejects the TRA's  recommendation", there were substituted "decides not to 
give effect to the preliminary decision";  
  (bb) for "rejection", there were substituted "decision";  
(d) in paragraph 5 — 
 (i) in the heading before that paragraph, for "recommendation", there were substituted 
"preliminary decision";  
 (ii) in sub -paragraph (e), for "determined that there is no recommendation", there were 
substituted "decided that there is no preliminary decision"; and  
(e) in paragraph 6 — 
 (i) in the headi ng before that paragraph, for the words "accepting or rejecting a 
recommendation by the TRA", there were substituted "deciding to give effect, or not to give effect, 
to a preliminary decision";  
 (ii) in sub -paragraph (d), for "recommendation", there were s ubstituted "preliminary 
decision";  
 (iii) in sub -paragraph (e), for "accepts the TRA's recommendation", there were substituted 
"decides to give effect to the preliminary decision";  
 (v) in sub -paragraph (f) — 
  (aa) for the words "rejects the TRA's recommen dation", there were substituted "decides 
not to give effect to the preliminary decision";  
  (bb) in paragraph (i), for "rejection", there were substituted "decision";  
 (vi) in sub -paragraph (g) — 
  (aa) "the TRA's recommendation on accepting" were omitted; and 
  (bb) in paragraph (i), for "recommendation", there were substituted "undertaking"; and  
 (vii) in sub -paragraph (h) — 
  (aa) "the TRA's recommendation on accepting" were omitted; and  
  (bb) in paragraph (ii), for "recommendation", there were substitute d "undertaking".  G/ADP/N/1/GBR/1/Suppl.2 • G/SCM/N/1/GBR/1/Suppl.2  
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  Modifications to Schedule 3  
 139. Schedule 3 (content of reviews notices) has effect as if, in paragraphs 3 and 4 — 
(a) in the headings before those paragraphs, in each case, for "accepting or rejecting a 
recommendation by the TRA", there were substituted "deciding to give effect, or not to give effect, 
to a preliminary decision";  
(b) for "regulation 76(4)(a) or (5)", in each case, there were substituted "regulation 76(3)(a) or 
(4)"; 
(c) in sub -paragraphs (c) and (d), in each case, fo r "recommendation", there were substituted 
"preliminary decision";  
(d) in sub -paragraph (e), in each case, for "accepts the TRA's recommendation", there were 
substituted "decides to give effect to the preliminary decision"; and  
(e) in sub -paragraph (f), in  each case — 
 (i) for "rejects the TRA's recommendation", there were substituted "decides not to give effect 
to the preliminary decision"; and  
 (ii) for "rejection", there were substituted "decision".  
Modifications to Schedule 4  
 140. Schedule 4 (content of  undertakings notices) has effect as if — 
(a) in paragraph 1 — 
 (i) in the heading before that paragraph, "accepting a recommendation by the TRA" were 
omitted;  
 (ii) in sub -paragraph (b), for "acceptance of the TRA's recommendation", there were 
substituted " decision to give effect to a determination";  
 (iii) sub -paragraph (e) were omitted; and  
 (iv) in sub -paragraph (f), for "TRA's recommendation" there were substituted "undertaking"; 
and 
(b) in paragraph 4 — 
 (i) in the heading before that paragraph, "accepti ng a recommendation by the TRA" were 
omitted;  
 (ii) sub-paragraph (e) were omitted;  
 (iii) in sub -paragraph (f), for "decision to accept the TRA's recommendation", there were 
substituted "determination"; and  
 (iv) in sub -paragraph (g), for "decision", there were substituted "determination".  
Modifications to Schedule 5  
 141. Schedule 5 (content of suspension notices) has effect as if — 
(a) in paragraphs 1, 3 and 4 — G/ADP/N/1/GBR/1/Suppl.2 • G/SCM/N/1/GBR/1/Suppl.2  
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   (i) in the headings of those paragraphs for "accepting or rejecting a recommendation by the 
TRA", there were substituted "deciding to give effect, or not to give effect, to a preliminary decision";  
 (ii) in sub -paragraphs (b) and (c) of each paragraph, for "recommendation", there were 
substituted "preliminary decision";  
 (iii) in sub -paragraph (d) of each paragraph, for "accept or reject the recommendation", there 
were substituted "give effect, or not to give effect, to the preliminary decision";  
 (iv) in sub -paragraph (e) of each paragraph, for "accepts the TRA's recommendat ion", there 
were substituted "decides to give effect to the preliminary decision"; and  
 (v) in sub -paragraph (f) of each paragraph — 
  (aa) for "rejects the TRA's recommendation", there were substituted "decides not to 
give effect to the preliminary decisio n"; and  
  (bb) for "rejection", there were substituted "decision"; and  
(b) in paragraph 4(e)(ii), for "recommendation", there were substituted "preliminary decision"  
Modifications to Schedule 6  
 142. Schedule 6 (content of notices concerning extensions of provisional remedies) has effect 
as if, in paragraph 1 — 
(a) for "regulation 90(9)(a) or (10)(a)", there were substituted "regulation 90(8)(a) or (9)(a)";  
(b) in the heading, for "accepting or rejecti ng a recommendation by the TRA", there were substituted 
"deciding to give effect, or not to give effect, to a preliminary decision";  
(c) in sub -paragraphs (b) and (c), for "recommendation", there were substituted "preliminary 
decision";  
(d) in sub -paragrap h (d), for "accept or reject the recommendation", there were substituted "give 
effect, or not to give effect, to the preliminary decision";  
(e) in sub -paragraph (e), for "accepts the TRA's recommendation", there were substituted "decides 
to give effect to the preliminary decision"; and  
(f) in sub -paragraph (f) — 
 (i) for "rejects the TRA's recommendation", there were substituted "decides not to give effect 
to the preliminary decision";  
 (ii) for "rejection", there were substituted "decision".  
 Signed by auth ority of Secretary of State for International Trade  
Graham Stuart  
Parliamentary Under -Secretary of State for Investment  
Department for International Trade  
at 5.05 p.m. on 4th March 2019   G/ADP/N/1/GBR/1/Suppl.2 • G/SCM/N/1/GBR/1/Suppl.2  
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  SCHEDULE 1  
Regulation 50  
CONTENT OF APPLICATI ONS 
 
Content of an application for the initiation of a dumping investigation  
 1. For the purpose of regulation 50(1), the information to be contained in an application for 
the initiation of a dumping investigation is - 
(a) a description of the goods in relation to which the a pplicant UK industry is requesting an 
investigation, including their — 
 (i) technical characteristics;  
 (ii) current tariff classification;  
(b) a statement identifying the exporting country or territory;  
(c) details of all known overseas exporters of the go ods identified;  
(d) details of all known importers in the United Kingdom of the goods identified;  
(e) details of all known UK producers of the like goods (see paragraph 7 of Schedule 4 to the Act), 
or associations of such UK producers;  
(f) the level of UK industry support for or opposition to the application, including — 
 (i) the total volume and value of production in the United Kingdom of the like goods;  
 (ii) the applicant UK industry's volume and value of production in the United Kingdom of the 
like good s; 
 (iii) the volume and value of production in the United Kingdom of the like goods by each 
identified UK producer, or associations of such UK producers;  
 (iv) each identified UK producer's support or opposition to the application;  
(g) information that the goods identified have been or are being dumped within the meaning of 
Part 1 of these Regulations;  
(h) information on the volume of importation of the goods identified;  
(i) information that the importation of the goods identified has ca used or is causing injury to UK 
industry within the meaning of Part 4 of these Regulations, including - 
 (i) the evolution of the volume of importation of the goods identified;  
 (ii) the effect of such importation on the prices of the like goods which are p roduced in the 
United Kingdom;  
 (iii) the impact of such importation on UK industry;  
(j) information that the market share requirement is met.  
Content of an application for the initiation of a subsidisation investigation  
 2. For the purpose of regulation 50(2), the information to be contained in an application for 
the initiation of a subsidisation investigation is — G/ADP/N/1/GBR/1/Suppl.2 • G/SCM/N/1/GBR/1/Suppl.2  
- 86 - 
  (a) a description of the goods in relation to which the applicant is requesting an investigation, 
including thei r— 
 (i) technical characteristics;  
 (ii) current tariff classification;  
(b) a statement identifying the exporting country or territory;  
(c) details of all known overseas exporters of the goods identified;  
(d) details of all known importers in the United Ki ngdom of the goods identified;  
(e) details of the applicant UK industry, including details of all known UK producers of the like goods 
(see paragraph 7 of Schedule 4 to the Act), or associations of such UK producers;  
(f) the level of UK industry support fo r or opposition to the application, including — 
 (i) the total volume and value of production in the United Kingdom of the like goods;  
 (ii) the applicant UK industry's volume and value of production in the United Kingdom of the 
like goods;  
 (iii) the volume and value of production in the United Kingdom of the like goods by each 
identified UK producer, or associations of such UK producers;  
 (iv) each identified UK producer's support or opposition to the application;  
(g) information that the goods identi fied, which are imported into the United Kingdom, have been 
or are being subsidised within the meaning of Part 3 of these Regulations;  
(h) information on the volume of the importation of the goods identified;  
(i) information that the importation of the goo ds identified has caused or is causing injury to UK 
industry within the meaning of Part 4 of these Regulations, including — 
 (i) the evolution of the volume of importation of the goods identified;  
 (ii) the effect of such importation on the prices of the li ke goods which are produced in the 
United Kingdom;  
 (iii) the impact of such importation on UK industry;  
(j) information that the market share requirement is met.   G/ADP/N/1/GBR/1/Suppl.2 • G/SCM/N/1/GBR/1/Suppl.2  
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  SCHEDULE 2  
Regulations 65 and 89  
CONTENT OF NOTICES  
 
Notice of initiation of a dumping investigation  
 1. The information referred to in regulation 65(1) is — 
(a) where applicable, the contact details of the applicant UK industry, unless the TRA is treating such 
information as confidential in accordance with regulation 45 (confidential information);  
(b) the date of initiation of the investigation;  
(c) the name of the exporting country or territory;  
(d) a description of the goods concerned;  
(e) a description of the like goods;  
(f) where applicable, a description of the UK in dustry on behalf of which the application is made;  
(g) the basis on which dumping is alleged in the application;  
(h) a summary of the factors on which the allegation of injury is based;  
(i) where the TRA considers that it may be appropriate to use a sampli ng process in accordance with 
regulation 56 (the use of sampling in respect of Part 2 of these Regulations) or 57 (the use of 
sampling in respect of Parts 3, 4 and 5 of these Regulations), a statement to that effect;  
(j) the period of investigation;  
(k) a summary of the investigation process;  
(l) the address of the TRA to which comments by interested parties or persons with sufficient interest 
in the investigation are to be delivered, or the means by which such comments are to be delivered;  
(m) details of a  registration period during which interested parties, or any other person, may make 
themselves known to the TRA;  
(n) a statement that interested parties may request the TRA to conduct a hearing.  
Notice of initiation of a subsidisation investigation  
 2. The information referred to in regulation 65(2) is — 
(a) where applicable, the contact details of the applicant UK industry, unless the TRA is treating such 
information as confidential in accordance with regulation 45 (confidential information);  
(b) the date o f initiation of the investigation;  
(c) the name of the exporting country or territory;  
(d) a description of the goods concerned;  
(e) a description of the like goods;  
(f) where applicable, a description of the UK industry on behalf of which the application is made;  G/ADP/N/1/GBR/1/Suppl.2 • G/SCM/N/1/GBR/1/Suppl.2  
- 88 - 
  (g) a description of the alleged subsidy practice to be investigated;  
(h) a summary of the factors on which the allegation of injury is based;  
(i) where the TRA considers that it may be appropriate to use a sampling process in accordan ce with 
regulation 57 (the use of sampling in respect of Parts 3, 4 and 5 of these Regulations), a statement 
to that effect;  
(j) the period of investigation;  
(k) a summary of the investigation process;  
(l) the address of the TRA to which comments by intere sted parties and persons with sufficient 
interest in the investigation are to be delivered, or the means by which such comments are to be 
delivered;  
(m) details of a registration period during which interested parties, or any other person, may make 
themsel ves known to the TRA;  
(n) a statement that interested parties may request the TRA to conduct a hearing.  
Notice of a provisional affirmative determination with no recommendation regarding 
requiring a guarantee  
 3. The information referred to in regulation 65(3) is — 
(a) a description of the goods to which the notice relates;  
(b) a summary of the investigation to date and the expected future stages of the investigation;  
(c) the reasons for the TRA's provisional affirmative determination;  
(d) the re asons why the TRA has determined that there is no recommendation that it could make 
under paragraph 13(3) of Schedule 4 to the Act.  
Notice of the Secretary of State accepting or rejecting a recommendation by the TRA 
regarding requiring a guarantee  
 4. The information referred to in regulation 65(4) is — 
(a) a description of the goods to which the notice relates;  
(b) a summary of the investigation to date and the expected future stages of the investigation;  
(c) the person or category of persons who is require d to give a guarantee;  
(d) details of exclusion of goods from the requirement to give a guarantee, if any;  
(e) the reasons for the TRA's provisional affirmative determination;  
(f) the reasons for the TRA's recommendation regarding requiring a guarantee;  
(g) where the Secretary of State accepts the TRA's recommendation, the date the notice comes into 
effect;  
(h) where the Secretary of State rejects the TRA's recommendation, the reasons for the Secretary 
of State's rejection.  G/ADP/N/1/GBR/1/Suppl.2 • G/SCM/N/1/GBR/1/Suppl.2  
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  Notice of a final affirmative determination with no recommendation on an anti -dumping 
amount or a countervailing amount  
 5. The information referred to in regulation 65(5) is— 
(a) a description of the goods to which the notice relates;  
(b) a summary of the investigation;  
(c) the date the notice comes into effect;  
(d) the reasons for the final affirmative determination;  
(e) the reasons why the TRA has determined that there is no recommendation that it could make 
under paragraph 17(3) or (4) of Schedule 4 to the Act and, where  applicable, paragraph 23(1) of 
that Schedule.  
Notice of the Secretary of State accepting or rejecting a recommendation by the TRA on 
an anti -dumping amount or a countervailing amount  
 6. The information referred to in regulation 65(6) is — 
(a) a description of the goods to which the notice relates;  
(b) a summary of the investigation;  
(c) the reasons for the TRA's final affirmative determination;  
(d) the reasons for the TRA's recommendation on an anti -dumping amount or a countervailing 
amount;  
(e) where the Secretary of State accepts the TRA's recommendation — 
 (i) that such notice is a public notice made under section 13 of the Act;  
 (ii) a specified period for which the anti -dumping amount or countervailing amount is 
applicable (see paragraph 17(3) (a) or 17(4)(a) of Schedule 4 to the Act);  
 (iii)where applicable, the relevant date and the relevant period (see paragraph 19 of 
Schedule  4 to the Act);  
(f) where the Secretary of State rejects the TRA's recommendation — 
 (i) the reasons for the Secretary of State's rejection; and  
 (ii) the date the notice comes into effect;  
(g) where the Secretary of State accepts the TRA's recommendation on accepting an undertaking - 
 (i) a reference to the relevant notice made under regulation 79(2)(a) on the Secretary of  
State's acceptance of the recommendation;  
 (ii) a statement that the dumped goods or subsidised imports are exempt from the application 
of an anti -dumping amount or a countervailing amount whilst the undertaking is in force;  
 (iii) details of the consequences of a breach of the undertaking;  
(h) where the Secretary of State rejects the TRA's recommendation on accepting an undertaking - 
 (i) the fact that an undertaking was offered;  G/ADP/N/1/GBR/1/Suppl.2 • G/SCM/N/1/GBR/1/Suppl.2  
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   (ii) the reasons for the rejection of the recommendation.  
 
Notice of a final negative determination  
 7. The information referred to in regulation 65(7) is — 
(a) a summary of the investigation;  
(b) the date the notice comes into effect;  
(c) the TRA's reasons for its determination.  
Notice of terminat ion 
 8. The information referred to in regulation 65(8 ) or 98(15)(b ) is— 
(a) a summary of the investigation to date;  
(b) the date the notice comes into effect;  
(c) the reasons for termination.  
Notice of repayment of an anti -dumping amount or a countervailing amount  
 9. The notice in regulation 89(8)(c) must include — 
(a) the amount of the repayment;  
(b) the goods in respect of which the repayment is due;  
(c) the TRA's reasons for its determination.   G/ADP/N/1/GBR/1/Suppl.2 • G/SCM/N/1/GBR/1/Suppl.2  
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  SCHEDULE 3  
Regulations 67, 75 and 76  
CONTENT O F REVIEWS NOTICES  
NOTICE OF INITIATION OF A REVIEW  
 1. The information to be contained in a notice referred to in regulation 67(8) is — 
(a) details of the content of the relevant notice referred to in regulation 65(6);  
(b) where applicable, the contact details for or on behalf of the review applicant, unless the TRA is 
treating such information as confidential in accordance with regulation 45 (confidential information);  
(c) the name of the exporting country or territory;  
(d) description of the go ods subject to review;  
(e) the name of any person importing or exporting the goods subject to review or the goods subject 
to the application of an anti -dumping amount or a countervailing amount;  
(f) the type of review initiated;  
(g) the date of initiation of the review;  
(h) the period of investigation for the review;  
(i) where applicable, a description of the UK industry on behalf of which the review application is 
made;  
(j) a summary of the reasons for initiating a review;  
(k) a summary of the issues invol ved in the review;  
(l) a summary of the review process;  
(m) the address of the TRA to which comments by interested parties and persons with sufficient 
interest in the review is to be delivered, or the means by which such comments are to be delivered;  
(n) details of a registration period during which interested parties, or any other person, may make 
themselves known to the TRA;  
(o) a statement that interested parties may request that the TRA conduct a hearing.  
Notice of termination of a review  
 2. The inform ation to be contained in a notice referred to in regulation 75(4) is — 
(a) a summary of the review;  
(b) the date of publication of the notice;  
(c) the reasons for termination.  G/ADP/N/1/GBR/1/Suppl.2 • G/SCM/N/1/GBR/1/Suppl.2  
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  Notice of the Secretary of State accepting or rejecting a recommendation by the T RA on 
the variation of an anti -dumping amount or a countervailing amount  
 3. The information to be contained in a notice referred to in regulation 76(4)(a) or (5) is — 
(a) a description of the goods to which the notice relates;  
(b) a summary of the review;  
(c) the TRA's recommendation;  
(d) the reasons for the TRA's recommendation;  
(e) where the Secretary of State accepts the TRA's recommendation - 
 (i) that such notice is a public notice made under section 13 of the Act;  
 (ii) a specified period during which the varied anti -dumping amount or countervailing amount 
is applicable;  
 (iii) details of any exemptions from the application of the anti -dumping amount or 
countervailing amount;  
(f) where the Secretary of State rejects the TRA's recommendation, the r easons for the Secretary 
of State's rejection.  
Notice of the Secretary of State accepting or rejecting a recommendation by the TRA to 
revoke the application of an anti -dumping amount or a countervailing amount  
 4. The information to be contained in a notic e referred to in regulation 76(4)(a) or (5) is — 
(a) a description of the goods to which the notice relates;  
(b) a summary of the review;  
(c) the TRA's recommendation;  
(d) the reasons for the TRA's recommendation;  
(e) where the Secretary of State accepts th e TRA's recommendation - 
 (i) that such notice is a public notice made under section 13 of the Act;  
 (ii) the date that the revocation takes effect, which must be the day after the date of 
publication of the notice;  
(f) where the Secretary of State rejects the TRA's recommendation, the reasons for the Secretary 
of State's rejection.   G/ADP/N/1/GBR/1/Suppl.2 • G/SCM/N/1/GBR/1/Suppl.2  
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  SCHEDULE 4  
Regulations 79, 82 to 84  
CONTENT OF UNDERTAKI NGS NOTICES  
NOTICE OF THE SECRETARY OF STATE ACCEPTING A RECOMMENDATION BY THE TRA ON 
ACCEPTING AN UNDERTAKING  
 1. The information to be contained in a notice referred to in regulation 79(2)(a ) is— 
(a) a non -confidential version of the undertaking;  
(b) a reference to the relevant notice made under regulation 65(6) on the Secretary of State's 
acceptance of the TRA's recommendation;  
(c) a description of the goods to which the notice relates;  
(d) the name(s) of the parties to the undertaking;  
(e) the reasons for the TRA's recommendation to accept an undertaking;  
(f) the reasons for the Secretary of State's acceptance of the TRA's recommendation;  
(g) the date that the undertaking comes into effect;  
(h) the period for which the undertaking applies;  
(i) where relevant, t he anti -dumping amount or countervailing amount applicable in the event the 
undertaking ceases to apply.  
Notice of the Secretary of State that an undertaking ceases to apply  
 2. The information to be contained in a notice referred to in regulation 82(2)(a ) is— 
(a) a reference to the relevant parallel notice made under regulation 65(6); 
(b) a description of the goods to which the notice relates;  
(c) the name(s) of the parties to the undertaking;  
(d) the reasons why the undertaking ceases to apply;  
(e) details of the consequences of the undertaking ceasing to apply.  
Notice that the acceptance of an undertaking is withdrawn following a breach of the 
undertaking  
 3. The information to be contained in a notice referred to in regulation 83(6) is— 
(a) a ref erence to the relevant parallel notice made under regulation 65(6); 
(b) a description of the goods to which the notice relates;  
(c) the name(s) of the parties to the undertaking;  
(d) the TRA's determination following the breach investigation;  
(e) the date of the breach as determined by the TRA;  G/ADP/N/1/GBR/1/Suppl.2 • G/SCM/N/1/GBR/1/Suppl.2  
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  (f) details of the consequences of the undertaking ceasing to apply.  
Notice of the Secretary of State accepting a recommendation by the TRA regarding the 
continuing application of an undertaking  
 4. The information to be contained in a notice referred to in regulation 84(8)(a ) is— 
(a) a reference to the relevant parallel notice made under regulation 65(6); 
(b) a description of the goods to which the notice relates;  
(c) the name(s) of the parties to the undertaking;  
(d) a summary of the review;  
(e) the TRA's recommendation;  
(f) the Secretary of State's decision to accept the TRA's recommendation;  
(g) details of the consequences of the Secretary of State's decision.   G/ADP/N/1/GBR/1/Suppl.2 • G/SCM/N/1/GBR/1/Suppl.2  
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  SCHEDULE 5  
Regulations 85, 87 and 88  
 
CONTENT OF SUSPENSIO N NOTICES  
 
Notice of the Secretary of State accepting or rejecting a recommendation by the TRA 
regarding suspension  
 1. The information to be contained in a notice referred to in regulation 85(10 ) or (12)(a) is — 
(a) a description of the goods to which the notice relates;  
(b) the TRA's recommendation;  
(c) the reasons for the TRA's recommendation;  
(d) the Secretary of State' s decision to accept or reject the recommendation and the reasons for the 
decision;  
(e) where the Secretary of State accepts the TRA's recommendation — 
 (i) that such notice is a public notice under section 13 of the Act;  
 (ii) the period of suspension;  
(f) where the Secretary of State rejects the TRA's recommendation, the reasons for the Secretary 
of State's rejection.  
Notice of rejection of an application for an extension of the period of suspension  
 2. The information to be contained in a notice referred to in regulation 87(4) is the reasons 
for rejecting the application.  
Notice of the Secretary of State accepting or rejecting a recommendation by the TRA 
regarding an extension of the period of suspensio n 
 3. The information to be contained in a notice referred to in regulation 87(8) or (10)(a) is — 
(a) a description of the goods to which the notice relates;  
(b) the TRA's recommendation;  
(c) the reasons for the TRA's recommendation;  
(d) the Secretary of State's decision to accept or reject the recommendation and the reasons for the 
decision;  
(e) where the Secretary of State accepts the TRA's recommendation — 
 (i) that such notice is a public notice under section 13 of the Act;  
 (ii) the period  of suspension;  
(f) where the Secretary of State rejects the TRA's recommendation, the reasons for the Secretary 
of State's rejection.  G/ADP/N/1/GBR/1/Suppl.2 • G/SCM/N/1/GBR/1/Suppl.2  
- 96 - 
  Notice of the Secretary of State accepting or rejecting a recommendation by the TRA 
regarding reinstatement of an anti -dumping amount or a countervailing amount  
 4. The information to be contained in a notice referred to in regulation 88(4)(a ) or (6)(a) is — 
(a) a description of the goods to which the notice relates;  
(b) the TRA's recommendation;  
(c) the reasons for the TRA's recommendation;  
(d) the Secretary of State's decision to accept or reject the recommendation and the reasons for the 
decision;  
(e) where the Secretary of State accepts the TRA's recommendation — 
 (i) that such notice is a public notice under section 1 3 of the Act;  
 (ii) the date that the reinstatement takes effect, which must be the day after the date of 
publication of the public notice under section 13 of the Act giving effect to the recommendation;  
(f) where the Secretary of State rejects the TRA's r ecommendation, the reasons for the Secretary 
of State's rejection.   G/ADP/N/1/GBR/1/Suppl.2 • G/SCM/N/1/GBR/1/Suppl.2  
- 97 - 
  SCHEDULE 6  
Regulation 90  
CONTENT OF NOTICES C ONCERNING EXTENSIONS   
OF PROVISIONAL REMED IES 
Notice of the Secretary of State accepting or rejecting a recommendation by the TRA 
regarding an extension of the period of a provisional remedy in a dumping investigation  
 1. The information to be contained in a notice referred to in regulation 90(9)(a ) or (10)(a) 
is— 
(a) a description of the goods to which the notice relates;  
(b) the TRA's recommendation;  
(c) the reasons for the TRA's recommendation;  
(d) the Secretary of State's decision to accept or reject the recommendation and the reasons for the 
decision;  
(e) where the Secretary of State accepts the TRA's recommendation — 
 (i) that such notice is a revised notice under paragraph 15(5)(b) of Schedule 4 to the Act;  
 (ii) the revised period of the provisional remedy;  
 (iii) the date the notice comes into effect;  
(f) where the Secretary of State rejects the TRA's recommendation, the reas ons for the Secretary 
of State's rejection.  
 
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