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Committee on Anti -Dumping Practices  
Committee on Subsidies and Countervailing Measures  
Committee on Safeguards  Original:  English  
 
  
NOTIFICATION OF LAWS AND REGULATIONS UNDER  
ARTICLES  18.5, 32.6 AND 12.6 OF THE AGREEMENTS  
UNITED KINGDOM  
The following notification, dated 5 February 2020 , is being circulated at the request of the delegation 
of the United Kingdom . 
 
_______________  
 
 
In accordance with the obligations under Article 18.5 of the WTO Anti -Dumping Agreement, 
Article  32.6 of the Agreement on Subsidies and Countervailing Measures and Article 12.6 of the 
Agreement on Safeguards to notify laws, regulations and administrative procedures to the 
Committee on Anti -Dumping Practices, the Committee on Subsidies and Countervailing Measures 
and the Committee on Safegu ards, the United Kingdom hereby notifies the Committees.  
 
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  Table of contents  
ORIGINAL  ACT ................................ ................................ ................................ .................  3 
TAXATION (CROSS -BORD ER TRADE) ACT 2018 [ SECTION 13, 32, 51, 56, 57  
AND SCHEDULES 4 AND 5] ................................ ................................ ...............................  3 
13 Dumping of goods, foreign subsidies and increases in imports  ................................ ..............  3 
32 Regulations etc  ................................ ................................ ................................ ..............  4 
51 Power to make provision in relation to VAT or duties of customs or excise  .............................  6 
56 Consequential and transitional provision  ................................ ................................ ............  8 
57 Commencement  ................................ ................................ ................................ .............  9 
SCHEDULE 4  ................................ ................................ ................................ ...................  10 
DUMPING OF GOODS OR FOREIGN SUBSIDIES CAUS ING INJURY TO UK 
INDUSTRY  ................................ ................................ ................................ ......................  10 
PART 1  ................................ ................................ ................................ ...........................  10 
KEY DEFINITIONS  ................................ ................................ ................................ ..........  10 
PART 2  ................................ ................................ ................................ ...........................  14 
DUMPING AND SUBSIDIS ATION INVESTIGATIONS  ................................ ........................  14 
PART 3  ................................ ................................ ................................ ...........................  19 
PROVISIONAL REMEDY: REQUIRING A GUARANTE E ................................ ......................  19 
PART 4  ................................ ................................ ................................ ...........................  22 
DEFINITIVE REMEDIES:  ANTI -DUMPING AMOUNT  OR COUNTERVAILING 
AMOUNT  ................................ ................................ ................................ .........................  22 
PART 5  ................................ ................................ ................................ ...........................  28 
UNDERTAKINGS  ................................ ................................ ................................ .............  28 
PART 6  ................................ ................................ ................................ ...........................  30 
SUPPLEMENTARY  ................................ ................................ ................................ ...........  30 
SCHEDULE 5  ................................ ................................ ................................ ...................  34 
INCREASE IN IMPORTS CAUSING SERIOUS INJU RY TO UK PRODUCERS  ........................  34 
PART 1  ................................ ................................ ................................ ...........................  34 
KEY DEFINITIONS  ................................ ................................ ................................ ..........  34 
PART 2  ................................ ................................ ................................ ...........................  36 
SAFEGUARDING INVESTI GATIONS  ................................ ................................ ................  36 
PART 3  ................................ ................................ ................................ ...........................  39 
PROVISIONAL REMEDIES : PROV ISIONAL SAFEGUARDING  AMOUNT &  
PROVISIONAL TARIFF R ATE QUOTAS  ................................ ................................ .............  39 
PART 4  ................................ ................................ ................................ ...........................  42 
DEFINITIVE REMEDIES:  DEFINITIVE SAFEGUAR DING AMOUNT & TARIFF  RATE 
QUOTAS  ................................ ................................ ................................ .........................  42 
PART 5  ................................ ................................ ................................ ...........................  50 
SUPPLEMENTARY  ................................ ................................ ................................ ...........  50 
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  ORIGINAL  ACT 
TAXATION (CROSS -BORDER TRADE) ACT 2018 [SECTION 13, 32, 51, 56, 57  
AND SCHEDULE S 4 AND 5]  
13 Dumping of goods, foreign subsidies and increases in imports  
(1) Functions relating to import duty are conferred on the Trade Remedies Authority ("the TRA") 
by— 
(a) Schedule 4 (dumping and foreign subsidies causing injury to UK industry), and  
(b) Schedule 5 (increased imports causing serious injury to UK producers).  
(2) If the Secretary of State accepts a recommendation by the TRA under provision made by or 
under Schedule 4 or 5 that an additional amount of import duty should be applicable to goods, the 
Secretary of State must by public notice make provision giving effect to the recommendation.  
(3) If the Secretary of State accepts a recommendation by the TRA under provision ma de by or 
under Schedule 5 that goods should be subject to a provisional tariff rate quota or a tariff rate quota, 
the Secretary of State must by public notice make provision for determining the amount of import 
duty applicable to the goods in order to give  effect to the recommendation.  
(4) If the Secretary of State accepts a recommendation by the TRA under provision made by or 
under Schedule 4 or 5 that — 
(a) the application of an additional amount of import duty to goods under this section should be 
suspended, varied or revoked, or  
(b) the application of a quota to which goods are subject under this section should be suspended, 
varied or revoked,  
the Secretary of State must by public notice make provision giving effect to the recommendation.  
(5) The Secre tary of State may make regulations containing any provision that the Secretary of 
State considers appropriate for the purposes of subsections  (3) and (4)(b) ; and section 11(3)(a) to 
(d), (4) and (5) apply to regulations under this subsection as they apply to regulations under 
section  11(3).  
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  32 Regulations etc  
(1) Regulations under this Part are to be made by statutory instrument.  
(2) A statutory instrument containing any regulations to which this subsection applies must be laid 
before the House of Commons, and, unless approved by that House before the end of the period of 
28 days beginning with the date on which the instrument is made, ceases to have effect at the end 
of that period . 
(3) Subsection (2) applies to — 
(a) the first regulations under section 8 (the customs tariff),  
(b) any other regulations under that section the effect of which is an increase in the amount of 
import duty payable under the customs tariff in a standard case (within the meaning of that section), 
or 
(c) regulations under section 30 (general provision for import duty purposes).  
(4) The fact that a statutory instrument ceases to have effect as a result of subsection  (2) does not 
affect — 
(a) anything previously done under the instrument, or  
(b) the making of a new statutory instr ument.  
(5) In calculating  the period for the purposes of subsection  (2), no account is to be taken of any 
time— 
(a) during which Parliament is dissolved or prorogued, or  
(b) during which the House of Commons is adjourned for more than 4 days.  
(6) A statutory  instrument containing regulations made under this Part other than regulations to 
which subsection  (2) (applies is subject to annulment in pursuance of a resolution of the House of 
Commons.  
(7) Any power to make regulations under this Part may be exer cised— 
(a) either in relation to all cases to which the power extends, or in relation to those cases subject to 
specified exceptions, or in relation to any specified case or description of case, or  
(b) so as to make different provision for different purpos es or areas.  
(8) Any power to make regulations under this Part includes - 
(a) power conferring a discretion on any specified person to do anything under, or for the purposes  
of, the regulations,  
(b) power to make provision by reference to things specified in a notice published in accordance with 
the regulations,  
(c) power to make supplementary, incidental and consequential provision, and  
(d) power to make transitional or transitory provision and savings.  
(9) Any power to make regulations under any provision of this Part does not restrict the width of 
any power to make subordinate legislation under - 
(a) any other provision of this Part, or  G/ADP/N/1/GBR/1 • G/SCM/N/1/GBR/1 • G/SG/N/1/GBR/1  
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  (b) CEMA 1979 or any other enactment.  
(10)  Subsections  (7) to (9) apply in relation to any public notice under this Part ; and any provision 
that may be made by a public notice under this Part may be made by regulations.  
(11)  An Order under section 31 — 
(a) is not to be submitted to Her Majesty in Council unless a draft of the Order has been laid before, 
and approved by a resolution of, the  House of Commons, and  
(b) if it revokes an earlier Order under that section, may contain transitional or transitory provision 
and savings.  
(12)  After it is established, the Secretary of State must consult the TRA before making regulations 
under Schedule 4 or 5 . 
(13)  Any power of HMRC Commissioners to make regulations under this Part is exercisable 
concurrently by the Treasury.  
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  51 Power to make provision in relation to VAT or duties of customs or excise  
(1) The appropriate Minister may by regulations made by statutory instrument make such provision 
relating to — 
(a) value added tax,  
(b) any duty of customs, or  
(c) any excise duty,  
as the appropriate Minister considers appropriate in consequence of, or otherwise in connection with, 
the withdrawal of the United Kingdom from the EU.  
(2) No regulations may be made under this section on or after 1 April 2 022. 
(3) Regulations under this section — 
(a) may make any such provision as might be made by Act of Parliament, including provision 
amending or repealing this Act, but  
(b) may not make provision taking effect from a date earlier than that of the making of the 
regulations.  
(4) In this section "the appropriate Minister" means - 
(a) in any case where the provision relates to anything dealt with by any provision mentioned in 
section 57(2) , the Secretary of State or the Treasury, and  
(b) in any other case, the Treasury.  
(5) A statutory instrument containing regulations under this section that amends or repeals any Act 
of Parliament must be laid before the House of Commons, and, unless approved by that House before 
the end of the period of 28 days beginning with the date on which the instrument is made, ceases 
to have effect at the end of that period.  
(6) The fact that a statutory instrument ceases to have effect  as mentioned in subse ction (5) does 
not affect — 
(a) anything previously  done under the instrument, or  
(b) the making of a new statutory instrument.  
(7) In calculating the period for the purposes of subsection  (5), no account is to be taken of any 
time— 
(a) during which Parliament is dissolved or prorogued, or  
(b) during which the House of Commons is adjourned for more  than 4 days.  
(8) A statutory instrument containing regulations under this section to which subsection  (5) does 
not apply is subject to annulment in pursuance of a resolution of the House of Commons.  
(9) If— 
(a) a statutory instrument contains provision relating t o excise duty under this section and provision 
relating to excise  duty under another enactment, and  
(b) the Parliamentary  procedure applicable to a statutory instrument containing provision under the 
other enactment does not require House of Commons approv al (within the meaning of section  48 (7), G/ADP/N/1/GBR/1 • G/SCM/N/1/GBR/1 • G/SG/N/1/GBR/1  
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  the only Parliamentary  procedure that is to apply to the instrument mentioned in paragraph  (a) is 
that given by this section.  
(10)  After it is established, the appropriate Minister must consult the Trade Remedies Authority 
before including in regulations under this section provision relating to anything dealt with by 
Schedule 4 or 5.  
 
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  56 Consequential and transitional provision  
(1) The appro priate Minister may by regulations made by statutory instrument make such provision 
as the appropriate Minister considers appropriate in consequence of this Act.  
(2) The power to make regulations under subsection  (1) may (among other things) be exercised by 
amending or repealing any Act of Parliament other than this Act or one passed after the end of the 
Session in which this Act is passed.  
(3) The power to make regulations under subsection  (1) includes power to make transitional or 
transitory provision and savings.  
(4) The appropriate Minister may by regulations made by statutory instrument make such 
transitional, transitory or saving provision as the appropriate Minister considers appropriate in 
connection with the coming into force of any provision of this Act . 
(5) In this section "the appropriate Minister" means — 
(a) in any case where the provision relates to any provision mentioned in section 57 (2), the 
Secretary of State or the Treasury, and  
(b) in any other case, the Treasury.  
(6) Any power to make regulations under this section may be exercised so as to make different 
provision for different purposes or areas.  
(7) Any power to make regulations under this section includes - 
(a) power conferring a discretion on any specified person to do anything under, or  for the purposes 
of, the regulations,  
(b) power to make provision by reference to things specified in a notice published in accordance with 
the regulations, and  
(c) power to make supplementary, incidental and consequential provision.  
(8) A statutory instrumen t containing regulations under subsection  (1) (that amends or repeals any 
Act of Parliament must be laid before the House of Commons, and, unless approved by that House 
before the end of the period of 28 days beginning with the date on which the instrument  is made, 
ceases to have effect at the end of that period.  
(9) The fact that a statutory instrument ceases to have effect as mentioned in subsection  (8) does 
not affect — 
(a) anything previously done under the instrument, or  
(b) the making of a new statutory in strument.  
(10)  In calculating the period for the purposes of subsection  (8), no account is to be taken of any 
time— 
(a) during which Parliament is dissolved or prorogued, or  
(b) during which the House of Commons is adjourned for more than 4 days.  
(11)  A statutory in strument containing regulations under subsection  (1) to which subsection  (8) 
does not apply is subject to annulment in pursuance of a resolution of the House of Commons.  
(12)  If— G/ADP/N/1/GBR/1 • G/SCM/N/1/GBR/1 • G/SG/N/1/GBR/1  
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  (a) a statutory instrument contains provision relating to excise duty under subsec tion (1) and 
provision relating to excise duty under another enactment (and "excise duty" has the same meaning 
in this paragraph as in Part 5), and  
(b) the Parliamentary procedure applicable to a statutory instrument containing provision under the 
other enactment does not require House of Commons approval (within the meaning  of section  48 (7), 
the only Parliamentary procedure that is to apply to the i nstrument mentioned in paragraph  (a) is 
that given by this section.  
(13)  After it is established, the appropriate Minister must consult the Trade Remedies Authority 
before including in regulations under this section provision relating to Schedule 4 or 5.  
57 Com mencement  
(1) The following provisions come into force on the day on which this Act is passed — 
(a) Part 1 (other than the provisions mentioned in subsection (2) so far as making provision for 
anything to be done by regulations or public notice,  
(b) Part 2,  
(c) sections 44 to 46 and sections 48 and 49,  
(d) Part 5, and  
(e) this Part.  
(2) The following provisions come into force on such day as the Secretary of State may by 
regulations under this section appoint — 
(a) section 10 and Schedule 3 (import duty : preferential rates given unilaterally),  
(b) section 13 and Schedules 4 and 5 (import duty : dumping of goods, foreign subsidies, etc),  
(c) section 15 (import duty : international disputes etc), and  
(d) paragraph  1 of Schedule 7 (replacement of EU customs duti es) so far as relating to EU trade 
duties.  
(3) The remaining provisions of this Act come into force on such day as the Treasury may by 
regulations under this section appoint.  
(4) Any power of the Treasury or Secretary of State to appoint a day under this section i ncludes — 
(a) a power to appoint different days for different purposes or areas, and  
(b) a power to appoint a time on a day if the person exercising the power considers it appropriate 
to do so (including a time that has effect by reference to the coming int o force of any other 
enactment).  
(5) Regulations under this section are to be made by statutory instrument.  
 
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  SCHEDULE 4  
Section 13  
 
DUMPING OF GOODS OR FOREIGN SUBSIDIES CAUSING INJURY TO UK INDUSTRY  
PART 1  
KEY DEFINITIONS  
Meaning of "dumped"  
1 (1) For the purposes of this Schedule, goods are "dumped" in the United Kingdom if — 
(a) they are imported into the United Kingdom, and  
(b) their export price is less than their normal value ; and references to the "dumping" of 
goods are to be read accordingly.  
(2) The "normal value" of goods means - 
(a) the comparable price, in the ordinary course of trade, for like goods (see paragraph 7) 
when destined for consumption in the exporting foreign country or territory, or  
(b) such other price or value as may be determine d in accordance with provision made by 
regulations for specified cases where it is not appropriate to use the price in paragraph (a).  
(3) Regulations may make provision for the purposes of this paragraph — 
(a) about what constitutes or does not constitute - 
(i) the "export price" of goods;  
(ii) "the comparable price";  
(iii) "in the ordinary course of trade";  
(iv) "the exporting foreign country or territory";  
(b) about how any of those matters are to be determined;  
(c) to ensure that a fair comparison is made between the export price of goods and their 
normal value;  
(d) about the use of sampling to determine the export price or normal value of goods.  
Meaning of "the margin of dumping"  
2 For the purposes of this Schedule, "the margin of dumping", in relation to goods, means the 
amount which is the difference between — 
(a) their export price as determined in accordance with paragraph 1, and  
(b) their normal value as determined in accordance with that paragraph.  
 
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  Meaning of "subsidised", "countervailable subsidy" and related terms  
3 (1) For the purposes of this Schedule — 
(a) goods are "subsidised" if they are goods in respect of whose manufacture, production, 
export or transport a countervailable subsidy is granted, and  
(b) references to t he "subsidisation" of goods are to be read accordingly.  
(2) For the purposes of this Schedule, a "countervailable subsidy" is a subsidy which is specific 
and which is granted directly or indirectly for the manufacture, production, export or transport of 
goods. 
(3) For the purposes of this Schedule, a "subsidy" exists if there is — 
(a) a financial contribution by a foreign authority which confers a benefit, or  
(b) a form of 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) 
received from a foreign authority which confers a benefit.  
(4) For the purposes of this Schedule, a "foreign authority" means a government or public body 
within the territory of a foreign  country or territory.  
(5) Regulations may make provision for the purposes of this paragraph — 
(a) about what constitutes or does not constitute a "subsidy", "a financial contribution by a 
foreign authority", "a government" or a "public body" and how any of those matters are to 
be determined;  
(b) about what constitutes or does not constitute "a benefit" and how it is to be determined 
whether a benefit is conferred;  
(c) about what constitutes or does not constitute a subsidy which is "specific" and how it i s 
to be determined whether such a subsidy is granted directly or indirectly as described in 
sub-paragraph (2).  
Meaning of "the amount of the subsidy"  
4 (1) For the purposes of this Schedule, "the amount of the subsidy", in relation to goods, means 
the amou nt of the benefit conferred during a specified period by the countervailable subsidy as 
attributed to the goods in question.  
(2) Regulations may make provision — 
(a) about how the amount of the benefit conferred by the countervailable subsidy is to be 
deter mined for those purposes;  
(b) about what constitutes or does not constitute "benefit" for those purposes;  
(c) about how the amount of the benefit conferred is to be attributed to the goods in 
question.  
(3) Such regulations may, among other things, make provision about the use of sampling or 
cumulative assessments.  
(4) "Specified period" means such period as may be specified by regulations.  G/ADP/N/1/GBR/1 • G/SCM/N/1/GBR/1 • G/SG/N/1/GBR/1  
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  Meaning of "injury"  
5 (1) For the purposes of this Schedule, "injury" to a UK industry in particular goods (see 
paragraph  6) means — 
(a) material injury, or the threat of material injury, to the industry, or  
(b) material retardation of the establishment of the industry.  
(2) Regulations may make provision about — 
(a) what constitutes or does not constitute material injury to a UK industry or the threat of 
such injury for the purposes of this Schedule;  
(b) what constitutes or does not constitute material retardation of the establishment of a UK 
industry for the purposes of this Schedule.  
(3) Regulations may make provision ab out how it is to be determined for the purposes of this 
Schedule whether — 
(a) the dumping of goods in the United Kingdom has caused or is causing injury to a UK 
industry in those goods, or  
(b) the importation of subsidised goods into the United Kingdom has  caused or is causing 
injury to a UK industry in those goods.  
(4) Such regulations may, among other things, make provision about the use of sampling or 
cumulative assessments.  
Meaning of "UK industry"  
6 (1) For the purposes of this Schedule, a "UK industry " in particular goods means — 
(a) all the producers in the United Kingdom of like goods (see paragraph 7), or  
(b) those of them whose collective output of like goods constitutes a major proportion of the 
total production in the United Kingdom of those goods . 
(2) Regulations may make provision for the purposes of sub -paragraph (1) — 
(a) about what constitutes or does not constitute - 
(i) a producer in the United Kingdom of like goods;  
(ii) such a producer's output of like goods;  
(iii) the total production in the United Kingdom of like goods;  
(iv) a major proportion of that total production;  
(b) about how any of those matters are to be determined.  
Meaning of "like goods"  
7 (1) For the purposes of this Schedule, "like goods", in relation to goods, means — 
(a) goods which are like those goods in all respects, or  
(b) if there are no such goods, goods which, although not alike in all respects, have 
characteristics closely resembling those of the goods in question.  G/ADP/N/1/GBR/1 • G/SCM/N/1/GBR/1 • G/SG/N/1/GBR/1  
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  (2) Regulations may make provision abou t— 
(a) what constitutes or does not constitute "like goods" for the purposes of this Schedule;  
(b) how "like goods" is to be determined for those purposes.  
 
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  PART 2  
DUMPING AND SUBSIDIS ATION INVESTIGATIONS  
Dumping and subsidisation investigations  
8 (1) The TRA may investigate — 
(a) whether goods have been or are being dumped in the United Kingdom, and  
(b) whether the dumping of the goods has caused or is causing injury to a UK industry in 
those goods.  
(2) References in this Schedule to a "dumping investigation" are to an investigation under 
sub-paragraph (1).  
(3) The TRA may investigate — 
(a) whether goods which have been or are being imported into the United Kingdom are 
subsidised, and  
(b) whether the importation of the subsi dised goods has caused or is causing injury to a UK 
industry in those goods.  
(4) References in this Schedule to a "subsidisation investigation" are to an investigation under 
sub-paragraph (3).  
Initiation of a dumping or a subsidisation investigation  
9 (1) The TRA may initiate a dumping or a subsidisation investigation in relation to goods only if — 
(a) it is requested to initiate an investigation in an application made — 
(i) by or on behalf of a UK industry in the goods ("the applicant UK industry"), or  
(ii) in exceptional circumstances, by the Secretary of State,  
(b) it is satisfied that the application contains sufficient evidence that — 
(i) the goods have been or are being dumped in the United Kingdom and the 
dumping has caused or is causing injury to a UK i ndustry in those goods, or  
(ii) as the case may be, the goods have been or are being imported into the United 
Kingdom and are subsidised, and the importation of the subsidised goods has caused 
or is causing injury to a UK industry in those goods,  
(c) it is  satisfied that it appears from that evidence that — 
(i) the volume of dumped goods (whether actual or potential), and the injury, is 
more than negligible, and the margin of dumping in relation to those goods is more 
than minimal, or  
(ii) as the case may be , the volume of subsidised goods (whether actual or 
potential), and the injury, is more than negligible, and the amount of the subsidy in 
relation to those goods is more than minimal, and  
(d) the market share requirement is met or the TRA waives the requir ement in relation to 
the application.  G/ADP/N/1/GBR/1 • G/SCM/N/1/GBR/1 • G/SG/N/1/GBR/1  
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  (2) The market share requirement is met if — 
(a) in the case of an application under sub -paragraph (1)(a)(i), the TRA is satisfied that the 
applicant UK industry has a share of the market for like goods for consumption in the United 
Kingdom (whether produced there or elsewhere) which is sufficient to justify initiating the 
investigation;  
(b) in the case of an application under sub -paragraph (1)(a)(ii), the TRA is satisfied that a 
UK industry in the goods has a share of the market for like goods for consumption in the 
United Kingdom (whether produced there or elsewhere) which is sufficient to justify initiating 
the investigation.  
(3) Regulations may make provision about — 
(a) what constitutes or does not constit ute an application made by or on behalf of a UK 
industry for the purposes of sub -paragraph (1)(a)(i);  
(b) when an application is made for the purposes of sub -paragraph (1)(a);  
(c) the information to be contained in such an application;  
(d) the time limit f or determining such an application;  
(e) what constitutes or does not constitute "negligible" and "minimal" for the purposes of 
sub-paragraph (1)(c)(i) or (ii);  
(f) how it is to be determined for those purposes whether those thresholds have been 
exceeded;  
(g) what constitutes or does not constitute "the market for like goods for consumption in the 
United Kingdom" and a UK industry's "share" of that market for the purposes of sub -
paragraphs (1)(d) and (2);  
(h) how any of those matters are to be determined for  the purposes of sub -paragraphs(1)(d) 
and (2).  
(4) If any of the requirements of sub -paragraph (1)(a) to (d) in respect of a dumping or a 
subsidisation investigation (as the case may be) are not met, the TRA must reject the application 
and notify the appli cant accordingly (unless it is the requirement in sub -paragraph (1)(a) that is 
not met because the application has been withdrawn).  
(5) If the requirements of sub -paragraph (1)(a) to (d) in respect of a dumping investigation are 
met, the TRA must — 
(a) acce pt the application,  
(b) notify the governments of the relevant foreign countries or territories,  
(c) initiate the investigation,  
(d) publish notice of its decision to initiate the investigation (including notice of the goods 
which are the subject of the in vestigation), and  
(e) notify the Secretary of State and interested parties (see paragraph 32(3)) accordingly.  
(6) If the requirements of sub -paragraph (1)(a) to (d) in respect of a subsidisation investigation 
are met, the TRA must — 
(a) accept the applicati on, G/ADP/N/1/GBR/1 • G/SCM/N/1/GBR/1 • G/SG/N/1/GBR/1  
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  (b) after the governments of the relevant foreign countries or territories have been invited 
to participate in consultations, initiate the investigation,  
(c) publish notice of its decision to initiate the investigation (including notice of the goods 
which are the subject of the investigation), and  
(d) notify the Secretary of State and interested parties accordingly.  
(7) "Relevant foreign country or territory" means — 
(a) in the case of an application for a dumping investigation, the exporting foreign cou ntry 
or territory (within the meaning of paragraph 1(2)) of the alleged dumped goods;  
(b) in the case of an application for a subsidisation investigation, a foreign country or 
territory within whose territory is located a foreign authority which is alleged  to have granted 
one or more of the subsidies in question.  
(8) Notices under sub -paragraphs (5)(d) and (e) and (6)(c) and (d) must specify the date of the 
initiation of the investigation.  
(9) Nothing in this paragraph prevents the TRA initiating both a dumping investigation and a 
subsidisation investigation in relation to the same goods if the requirements of 
sub-paragraph  (1)(a) to (d) are met in the case of each investigation.  
Conduct of a dumping or a subsidisation investigation  
10 (1) Regulations may  make provision about the conduct of a dumping or a subsidisation 
investigation.  
(2) Such regulations may, among other things, make provision about - 
(a) the stages of an investigation;  
(b) time limits for completion of a stage or of an investigation;  
(c) the termination of an investigation in certain circumstances in relation to some or all of 
the goods;  
(d) the information which must or may be provided or made available by the TRA to others;  
(e) requests by the TRA for information from others and the consequences of not providing 
the information requested or of providing information which is false or misleading;  
(f) requests by the TRA to visit premises in or outside the United Kingdom and the 
consequences of not agreeing to such request s; 
(g) the conduct of such visits;  
(h) the consequences of otherwise impeding an investigation;  
(i) the treatment of confidential or other information provided to or by the TRA;  
(j) the provision and conduct of oral hearings.  
Provisional affirmative determ inations and final affirmative or negative determinations  
11 (1) In the case of a dumping investigation, an "affirmative determination" in relation to goods 
means a determination that — 
(a) the goods have been or are being dumped in the United Kingdom, and  G/ADP/N/1/GBR/1 • G/SCM/N/1/GBR/1 • G/SG/N/1/GBR/1  
- 17 - 
  (b) the dumping of the goods has caused or is causing injury to a UK industry in those goods.  
(2) In the case of a subsidisation investigation, an "affirmative determination" in relation to 
goods means a determination that — 
(a) the goods have been or are b eing imported into the United Kingdom and are subsidised, 
and 
(b) the importation of the subsidised goods has caused or is causing injury to a UK industry 
in those goods.  
(3) At any stage during a dumping or a subsidisation investigation, the TRA may make an 
affirmative determination, based on the evidence then before it, in relation to goods which are 
the subject of the investigation (referred to in this Schedule as "a provisional affirmative 
determination").  
(4) But the TRA may only make such a deter mination if it is satisfied that interested parties (see 
paragraph 32(3)) have been given an adequate opportunity to provide information to it regarding 
the investigation.  
(5) The TRA must make a final determination in relation to each of the goods which a re the 
subject of a dumping or a subsidisation investigation.  
(6) A final determination under sub -paragraph (5) in relation to goods is — 
(a) an affirmative determination (referred to in this Schedule as a "final affirmative 
determination"), or  
(b) if the T RA determines that it cannot make an affirmative determination in relation to the 
goods, a negative determination (referred to in this Schedule as a "final negative 
determination").  
(7) The TRA may make different final determinations in relation to differe nt goods which are the 
subject of the investigation.  
(8) The TRA must — 
(a) publish notice of its final negative determination or final negative determinations under 
sub-paragraph (5), and  
(b) notify the Secretary of State and interested parties accordingly . 
Termination of a dumping or a subsidisation investigation  
12 A dumping or a subsidisation investigation in relation to goods terminates (if it has not already 
terminated by virtue of provision made under paragraph 10(1)) — 
(a) in a case where the TRA make s a final negative determination in relation to the goods, 
when notice of that determination is published under paragraph 11(8)(a),  
(b) in a case where the TRA makes a final affirmative determination in relation to the goods 
and determines that there is no t a recommendation which it could make under 
paragraph  17(3) or (4) in relation to them, when notice of that determination is published 
under paragraph 17(10)(b),  
(c) in a case where the TRA makes a final affirmative determination in relation to the goods 
and makes a recommendation under paragraph 17(3) or (4) in relation to them which the 
Secretary of State rejects, when the notice of rejection is published under 
paragraph  20(4)(a), or  G/ADP/N/1/GBR/1 • G/SCM/N/1/GBR/1 • G/SG/N/1/GBR/1  
- 18 - 
  (d) in a case where the TRA makes a final affirmative determination in relation to the goods 
and makes a recommendation under paragraph 17(3) or (4) in relation to them which the 
Secretary of State accepts, at the end of the day of publication of the public notice under 
section 13 giving effect to the recommendation.  
 
  G/ADP/N/1/GBR/1 • G/SCM/N/1/GBR/1 • G/SG/N/1/GBR/1  
- 19 - 
  PART 3 
PROVISIONAL REMEDY : REQUIRING A GUARANTEE  
TRA's duty to recommend requiring guarantees  
13 (1) This paragraph applies where the TRA makes a provisional affirmative determination in 
relation to goods which are the subject of a dumping or a subsidisation in vestigation.  
(2) Goods in relation to which that determination is made are referred to in this paragraph as 
relevant goods.  
(3) The TRA may recommend to the Secretary of State — 
(a) in the case of a dumping investigation that, in respect of all the relevant goods, all 
importers of those goods should be required to give a guarantee in respect of any additional 
amount of import duty which would have been applicable, or potentially applicable, to the 
goods under section 13 if an anti -dumping amount had been applied to the goods based on 
the provisional affirmative determination ("an estimated anti -dumping amount"), or  
(b) in the case of a subsidisation investigation that, in respect of all the relevant goods, all 
importers of those goods should be requir ed to give a guarantee in respect of any additional 
amount of import duty which would have been applicable, or potentially applicable, to the 
goods under section 13 if a countervailing amount had been applied to the goods based on 
the provisional affirmati ve determination ("an estimated countervailing amount").  
(4) The TRA may make a recommendation under sub -paragraph (3) only if it is satisfied that 
requiring a guarantee in accordance with its recommendation — 
(a) is necessary to prevent injury being caused  during the investigation to a UK industry in 
the relevant goods, and  
(b) meets the economic interest test (see paragraph 25).  
(5) The TRA may make different recommendations under sub -paragraph (3) for different relevant 
goods or descriptions of relevant g oods, including by reference to — 
(a) specified overseas exporters or descriptions of overseas exporter;  
(b) specified foreign countries or territories or descriptions of foreign countries or territories.  
(6) But the TRA may only make one recommendation under paragraph (a) or, as the case may 
be, paragraph (b) of sub -paragraph (3) in relation to any particular relevant good.  
(7) And the TRA may make different recommendations under paragraph (a) or (b) of sub -
paragraph (3) for different rele vant goods or descriptions of relevant goods only if the 
recommendations which it makes under that paragraph when taken together cover all the 
relevant goods.  
(8) If the TRA determines that there are one or more recommendations which it could make 
under pa ragraph (a) or, as the case may be paragraph (b), of sub -paragraph (3), it must make 
that recommendation or those recommendations (subject to sub -paragraphs (6) and (7)).  
(9) If the TRA determines that there is no recommendation which it could make under s ub-
paragraph (3), it must — 
(a) publish notice of its provisional affirmative determination in relation to the goods,  
(b) publish notice of its determination that there is no recommendation which it could make 
under sub -paragraph (3), and  G/ADP/N/1/GBR/1 • G/SCM/N/1/GBR/1 • G/SG/N/1/GBR/1  
- 20 - 
  (c) notify the Sec retary of State and interested parties (see paragraph 32(3)) accordingly.  
TRA's recommendations regarding requiring a guarantee  
14 (1) A recommendation under paragraph 13(3) to require the giving of a guarantee in respect of 
goods must specify those goods and include — 
(a) the TRA's recommendation regarding — 
(i) the form of the guarantee,  
(ii) how an estimated anti -dumping amount or an estimated countervailing amount 
applicable to the goods should be determined for the purpose of calculating the 
amount of th e guarantee,  
(iii) how the amount of the guarantee should be calculated, and  
(iv) the period during which the requirement to give a guarantee should apply, and  
(b) such other content as regulations may require.  
(2) The form of guarantee referred to in sub-paragraph (1)(a)(i) may be cash, a bond or a bank 
guarantee.  
(3) The recommendation referred to in sub -paragraph (1)(a)(ii) must be such that an estimated 
anti-dumping amount or an estimated countervailing amount does not exceed — 
(a) the margin of dump ing or, as the case may be, the amount of the subsidy, in relation to 
the goods as determined by the TRA as part of its provisional affirmative determination, or  
(b) the amount which the TRA is satisfied would be adequate to remove the injury to a UK 
indus try in the goods if that amount is less than the margin of dumping or, as the case may 
be, the amount of the subsidy referred to in paragraph (a).  
(4) Regulations may make provision for the purposes of sub -paragraph (3)(b) about how the 
amount which the TR A is satisfied would be adequate to remove the injury described in that 
provision is to be determined.  
(5) The period referred to in sub -paragraph (1)(a)(iv) — 
(a) must not exceed 6 months in the case of a dumping investigation (but see paragraph 16 
regardi ng extensions), or 4 months in the case of a subsidisation investigation, and  
(b) if the recommendation is accepted by the Secretary of State, must begin — 
(i) on the day after the date of publication of the notice under paragraph 15(5)(b), 
or 
(ii) if later , on the day which is the day after the end of the period of 60 days 
beginning with the date of the initiation of the investigation.  
Secretary of State's power to require a guarantee  
15 (1) If the TRA makes a recommendation under paragraph 13(3), the Secre tary of State must 
decide whether to accept or reject the recommendation.  
(2) The Secretary of State may reject the recommendation only if the Secretary of State is 
satisfied that it is not in the public interest to accept it.  G/ADP/N/1/GBR/1 • G/SCM/N/1/GBR/1 • G/SG/N/1/GBR/1  
- 21 - 
  (3) In considering that, the Secretary of State must accept the TRA's determination that requiring 
a guarantee in accordance with the recommendation meets the economic interest test (see 
paragraph 25), unless the Secretary of State is satisfied that the determination is not one that 
the TRA could reasonably have made.  
(4) If the recommendation is rejected, the Secretary of State must — 
(a) publish notice of the TRA's provisional affirmative determination in relation to the goods, 
of the recommendation and of the rejection of it,  
(b) not ify interested parties (see paragraph 32(3)) accordingly, and  
(c) lay a statement before the House of Commons setting out the reasons for rejecting the 
recommendation.  
(5) If the recommendation is accepted, the Secretary of State must — 
(a) publish notice o f the TRA's provisional affirmative determination in relation to the goods 
and of the recommendation,  
(b) publish a notice that all importers of the goods specified in the recommendation are 
required to give a guarantee in accordance with the recommendatio n and regulations under 
paragraph 6 of Schedule 6, and  
(c) notify interested parties accordingly.  
(6) The notice under sub -paragraph (5)(b) must — 
(a) specify, in accordance with the TRA's recommendation, the matters referred to in 
paragraph 14(1)(a)(i) to (iv), and  
(b) include such other content as regulations may require.  
(7) For the purposes of this Schedule, "the period of a provisional remedy" in respect of goods 
means the period during which the requirement to give a guarantee in respect  of the goods 
applies.  
(8) The period of a provisional remedy in respect of goods ceases (if it has not already expired) 
when the dumping investigation or, as the case may be, the subsidisation investigation in relation 
to the goods terminates.  
Extension o f the period of a provisional remedy in a dumping investigation  
16 (1) Regulations may make provision for, or in connection with, the extension by the Secretary of 
State, on the recommendation of the TRA, of the period of a provisional remedy which has bee n 
applied in respect of goods in the case of a dumping investigation.  
(2) Any such extension must not result in the period of the provisional remedy being a period of 
more than 9 months beginning with the date when the requirement to give a guarantee in re spect 
of goods first applied.  
(3) The regulations must require that if the period of a provisional remedy is extended, the 
Secretary of State — 
(a) publishes a revised notice under paragraph 15(5)(b) containing the revised period of the 
provisional remedy i n accordance with the TRA's recommendation, and  
(b) notifies interested parties (see paragraph 32(3)) accordingly.  
  G/ADP/N/1/GBR/1 • G/SCM/N/1/GBR/1 • G/SG/N/1/GBR/1  
- 22 - 
  PART 4  
DEFINITIVE REMEDIES : ANTI-DUMPING AMOUNT OR CO UNTERVAILING AMOUNT  
TRA's duty to recommend an anti -dumping amount or countervailing amount  
17 (1) This paragraph applies where the TRA makes a final affirmative determination in relation to 
goods which are the subject of a dumping or a subsidisation investigation.  
(2) Goods in relation to which that determination is made ar e referred to in this paragraph as 
relevant goods.  
(3) In the case of a dumping investigation, the TRA may recommend to the Secretary of State — 
(a) that an additional amount of import duty (referred to in this Schedule as an "anti -
dumping amount") should be applicable for a specified period to all the relevant goods 
except, in the case of goods in respect of which an undertaking is accepted under provision 
made by or under Part 5, during any period when the undertaking applies, and  
(b) how an anti -dumping amount applicable to the relevant goods should be determined.  
(4) In the case of a subsidisation investigation, the TRA may recommend to the Secretary of 
State — 
(a) that an additional amount of import duty (referred to in this Schedule as a "counter vailing 
amount") should be applicable for a specified period to all the relevant goods except, in the 
case of goods in respect of which an undertaking is accepted under provision made by or 
under Part 5, during any period when the undertaking applies, and  
(b) how a countervailing amount applicable to the relevant goods should be determined.  
(5) The TRA may make a recommendation under sub -paragraph (3) or (4) only if it is satisfied 
that the application of an anti -dumping amount or a countervailing amount in  accordance with 
its recommendation meets the economic interest test (see paragraph 25).  
(6) The TRA may make different recommendations under sub -paragraph (3) or (4) for different 
relevant goods or descriptions of relevant goods, including by reference to — 
(a) specified overseas exporters or descriptions of overseas exporters;  
(b) specified foreign countries or territories or descriptions of foreign countries or territories.  
(7) But the TRA may only make one recommendation under sub -paragraph (3) or, as th e case 
may be, sub -paragraph (4) in relation to any particular relevant good.  
(8) And the TRA may make different recommendations under sub -paragraph (3) or (4) for 
different relevant goods or descriptions of relevant goods only if the recommendations which  it 
makes under that sub -paragraph when taken together cover all the relevant goods.  
(9) If the TRA determines that there are one or more recommendations which it could make 
under sub -paragraph (3) or, as the case may be, sub -paragraph (4), it must make th at 
recommendation or those recommendations (subject to sub -paragraphs (7) and (8)).  
(10) If the TRA determines that there is no recommendation which it could make under sub -
paragraph (3) or (4)  (as the case may be), it must — 
(a) publish notice of its final  affirmative determination in relation to the goods,  
(b) publish notice of its determination that there is no recommendation which it could make 
under sub -paragraph (3) or (4), and  G/ADP/N/1/GBR/1 • G/SCM/N/1/GBR/1 • G/SG/N/1/GBR/1  
- 23 - 
  (c) notify the Secretary of State and interested parties (see paragraph 32( 3)) accordingly.  
TRA's recommendations about an anti -dumping amount or a countervailing amount  
18 (1) This paragraph applies to a recommendation by the TRA under paragraph 17(3) or (4) in 
relation to goods.  
(2) The specified period referred to in paragraph  17(3)(a) or (4)(a) — 
(a) must be a period of 5 years unless the TRA considers that a lesser period is sufficient to 
counteract - 
(i) the dumping of the goods which has caused or is causing injury to a UK industry in 
the goods, or  
(ii) the importation of the  subsidised goods which has caused or is causing injury to a 
UK industry in the goods, and  
(b) if the recommendation is accepted by the Secretary of State, must begin on the day 
after the date of publication of the public notice under section 13 giving effect to the 
recommendation (see paragraph 20(5)(c)) unless the TRA is authorised by regulations under 
paragraph 19 to recommend a date before then.  
(3) In the case of a recommendation of such a prior date made by virtue of paragraph 19, the 
refere nce in sub -paragraph (2)(a) to a period of 5 years is to be read as a reference to a period 
of 5 years plus the relevant period (within the meaning of paragraph 19).  
(4) See also paragraph 21 regarding the possibility, following a review, of extensions or variations 
to the period for which an anti -dumping amount or a countervailing amount applies to goods.  
(5) The recommendation referred to in paragraph 17(3)(b) or (4)(b) as to how an anti -dumping 
amount or a countervailing amount applicable to goods should  be determined may be by 
reference to either or both of the following — 
(a) the value of the goods, and  
(b) the weight or volume of the goods or any other measure of their quantity or size.  
(6) But that recommendation must be such that an anti -dumping amoun t or a countervailing 
amount applicable to goods does not exceed — 
(a) the margin of dumping or, as the case may be, the amount of the subsidy, in relation to 
the goods, or  
(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, as the case may 
be, the amount of the subsidy referred to in paragraph (a).  
(7) Regulations may make provision for the purposes of sub -paragraph (6)(b) about how the  
amount which the TRA is satisfied would be adequate to remove the injury described in that 
provision is to be determined.  
(8) A recommendation under paragraph 17(3) or (4) must include such other content as 
regulations may require.  
19 (1) Regulations may make provision authorising the TRA, in specified circumstances, to 
recommend under paragraph 17(3) or (4) that the specified period for which an anti -dumping 
amount or a countervailing amount should apply to goods begins on a date ("the relevant date") 
before the day after the date of publication of the public notice under section 13 giving effect to the 
recommendation.  G/ADP/N/1/GBR/1 • G/SCM/N/1/GBR/1 • G/SG/N/1/GBR/1  
- 24 - 
  (2) Such a recommendation may only be made in relation to goods in respect of which a 
requirement to give a guarantee under paragraph 15 is  applied ("the provisional remedy").  
(3) "The relevant date" must be — 
(a) in a case where a notice under paragraph 29(1)(registration) has been published in 
respect of the goods - 
(i) a date during the period of 90 days before the beginning of the period of  the 
provisional remedy provided it is not a date before the date of publication of that 
notice, or  
(ii) a date during the period of the provisional remedy, or  
(b) in any other case, a date during the period of the provisional remedy.  
(4) Regulations may p rovide that, in the case of a recommendation made by virtue of sub -
paragraph (1), the recommendation as to how an anti -dumping amount or a countervailing 
amount should be determined must be such that an anti -dumping amount or a countervailing 
amount applic able for all or part of the relevant period must not exceed a particular amount.  
(5) "The relevant period" is the period — 
(a) beginning with the relevant date, and  
(b) ending with the date of publication of the public notice under section 13 giving effect to 
the recommendation.  
Secretary of State's power to accept or reject a recommendation  
20 (1) If the TRA makes a recommendation under paragraph 17(3) or (4), the Secretary of State 
must decide whether to accept or reject the recommendation.  
(2) The Secretary of State may reject the recommendation only if the Secretary of State is 
satisfied that it is not in the public interest to accept it.  
(3) In considering that, 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 economic interest test (see paragraph 25), unless the Secretary 
of State is satisfied that the determination is not one that the TRA could reasonably ha ve made.  
(4) If the recommendation is rejected, the Secretary of State must — 
(a) publish notice of the TRA's final affirmative determination in relation to the goods, of the 
recommendation and of the rejection of it,  
(b) notify interested parties (see para graph 32(3)) accordingly, and  
(c) lay a statement before the House of Commons setting out the reasons for rejecting the 
recommendation.  
(5) If the recommendation is accepted, the Secretary of State — 
(a) must publish notice of the TRA's final affirmative de termination in relation to the goods, 
of the recommendation and of the acceptance of it,  
(b) must notify interested parties accordingly, and  
(c) is required under section 13 to make provision by public notice to give effect to the 
recommendation.  G/ADP/N/1/GBR/1 • G/SCM/N/1/GBR/1 • G/SG/N/1/GBR/1  
- 25 - 
  (6) See p aragraphs 21 and 22 for variation or revocation of the application of an anti -dumping 
amount or a countervailing amount.  
Reviews of continuing application of an anti -dumping amount or a countervailing amount  
21 (1) Regulations may make provision for, or in  connection with, reviews by the TRA of the 
continuing application of an anti -dumping amount or a countervailing amount to goods.  
(2) References in this paragraph to "a review" are to a review by virtue of provision made under 
sub-paragraph (1).  
(3) Regula tions under sub -paragraph (1) may, among other things, provide for a review to 
consider — 
(a) whether 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 the 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 industr y in the goods;  
(b) whether the application of an anti -dumping amount or a countervailing amount to goods 
is having the effect of removing injury to a UK industry in the goods;  
(c) 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 goods were to 
expire, or it were to be varied or revoked;  
(d) whether activity is being undertaken to circumvent the application of an anti -dumping 
amount or a countervai ling amount to goods and whether the application should be varied 
to prevent that;  
(e) whether the application of an anti -dumping amount or a countervailing amount to goods 
in the case of a particular overseas exporter, or a particular description of overs eas exporter, 
should be varied;  
(f) the goods or description of goods to which an anti -dumping amount or a countervailing 
amount is applicable.  
(4) Regulations under sub -paragraph (1) may, among other things, make — 
(a) provision for the TRA to investigate certain matters;  
(b) provision for the period for which an anti -dumping amount or a countervailing amount 
applies to goods by public notice under section 13 to be treated as continuing (where it 
would otherwise cease to do so) while a review in relation to  the application of the amount 
is ongoing;  
(c) provision for the suspension, by public notice given by the Secretary of State, of the 
application of an anti -dumping amount or a countervailing amount while a review in relation 
to it is ongoing;  
(d) other provision about the conduct of a review.  
(5) Paragraph 10(2) applies to regulations made by virtue of sub -paragraph (4)(d) in relation to 
a review as it applies to regulations under paragraph 10(1) in relation to an investigation.  
(6) Regulations may  make provision for or in connection with — G/ADP/N/1/GBR/1 • G/SCM/N/1/GBR/1 • G/SG/N/1/GBR/1  
- 26 - 
  (a) the TRA recommending to the Secretary of State that the application of an anti -dumping 
amount or a countervailing amount to goods should be varied or revoked, and  
(b) the Secretary of State accepting or reject ing such a recommendation.  
(7) Where, by virtue of provision made under sub -paragraph (6), the Secretary of State accepts 
a recommendation that the application of an anti -dumping amount or a countervailing amount 
to goods should be varied or revoked, the S ecretary of State - 
(a) must publish notice of the recommendation and of the acceptance of it,  
(b) must notify interested parties (see paragraph 32(3)) accordingly, and  
(c) is required under section 13 to make provision by public notice to give effect to th e 
recommendation.  
(8) The variation of the application of an anti -dumping amount or a countervailing amount to 
goods which the TRA may recommend to the Secretary of State by virtue of regulations under 
sub-paragraph (6) may, among other things, include — 
(a) varying the goods or descriptions of goods to which an anti -dumping amount or a 
countervailing amount is applicable (including so that it is applicable to goods or descriptions 
of goods to which it has not previously been applicable);  
(b) varying the per iod for which an anti -dumping amount or a countervailing amount is 
applicable (including extending it beyond the period referred to in paragraph 18(2)(a));  
(c) varying how an anti -dumping amount or a countervailing amount should be determined.  
(9) Regulati ons under sub -paragraph (6) may provide that the TRA may recommend that the 
application of an anti -dumping amount or a countervailing amount as varied should be applicable 
to goods from a date ("the relevant date") before the date of publication of the pub lic notice 
under section 13 giving effect to the recommendation.  
(10) Such a recommendation may only be made if — 
(a) a notice under paragraph 29(1)(registration) has been published in respect of the goods, 
and 
(b) the relevant date is not a date before the date of publication of that notice.  
Variation or revocation following an international dispute decision  
22 (1) Regulations may make provision for or in connection with — 
(a) the TRA recommending to the Secretary of State that the application of a n anti -dumping 
amount or a countervailing amount to goods should be varied or revoked in light of an 
international dispute decision, and  
(b) the Secretary of State accepting or rejecting such a recommendation.  
(2) The regulations may, among other things — 
(a) provide for the TRA to investigate certain matters for the purposes of determining 
whether to make a recommendation to the Secretary of State and what to recommend;  
(b) make provision about the conduct of such an investigation;  
(c) provide for the suspe nsion, by public notice given by the Secretary of State, of the 
application of an anti -dumping amount or a countervailing amount.  G/ADP/N/1/GBR/1 • G/SCM/N/1/GBR/1 • G/SG/N/1/GBR/1  
- 27 - 
  (3) Paragraph 10(2) applies to regulations made by virtue of sub -paragraph (2)(b) in relation to 
an investigation as it applie s to regulations under paragraph 10(1) in relation to a dumping or a 
subsidisation investigation.  
(4) Where, by virtue of provision made under the regulations, the Secretary of State accepts a 
recommendation that the application of an anti -dumping amount o r a countervailing amount to 
goods should be varied or revoked, the Secretary of State — 
(a) must publish notice of the recommendation and of the acceptance of it,  
(b) must notify interested parties (see paragraph 32(3)) accordingly, and  
(c) is required und er section 13 to make provision by public notice to give effect to the 
recommendation.  
(5) The variation of the application of an anti -dumping amount or a countervailing amount to 
goods which the regulations may provide for may, among other things, include  any of the 
variations mentioned in paragraph 21(8).  
(6) An "international dispute decision" means — 
(a) a report of a panel or Appellate Body that is adopted by the Dispute Settlement Body of 
the WTO, or  
(b) if not within paragraph (a), a decision under th e dispute settlement procedures of an 
arrangement relating to trade to which Her Majesty's government in the United Kingdom is 
a party with the government of another country or territory.  
 
  G/ADP/N/1/GBR/1 • G/SCM/N/1/GBR/1 • G/SG/N/1/GBR/1  
- 28 - 
  PART 5  
UNDERTAKINGS  
Acceptance of undertakings  
23 (1) Where the TRA determines to recommend to the Secretary of State under paragraph 17(3) 
or (4) that an anti -dumping amount or a countervailing amount should be applicable to goods, the 
TRA may also recommend to the Secretary of State the acceptance of an undertaki ng in respect of 
the goods.  
(2) In this Part, an "undertaking" means — 
(a) in the case of the dumping of goods, an undertaking offered by an overseas exporter of 
the goods — 
(i) to revise the overseas exporter's prices for export to the United Kingdom, or  
(ii) to cease exports to the United Kingdom at prices which cause the goods to be 
dumped;  
(b) in the case of subsidised goods — 
(i) an undertaking offered by an overseas exporter of the goods to revise the 
overseas exporter's prices for export t o the United Kingdom, or  
(ii) an undertaking offered by a relevant foreign government to eliminate or limit the 
importation into the United Kingdom of the subsidised goods or to take other 
measures concerning its effects.  
(3) "A relevant foreign government " means the government of a foreign country or territory - 
(a) which granted one or more of the countervailable subsidies in question, or  
(b) within whose territory is located a foreign authority which granted one or more of those 
subsidies.  
(4) Regulations  may make provision about — 
(a) recommendations by the TRA under sub -paragraph (1);  
(b) the acceptance of undertakings by the Secretary of State on such a recommendation.  
(5) The regulations must secure that the TRA may request an undertaking in respect of goods 
only— 
(a) at a time after it has made a provisional affirmative determination in relation to the 
goods, and  
(b) if such other requirements as the regulations may specify are met.  
(6) The regulations must secure that the TRA may recommend the acceptan ce of an undertaking 
in respect of goods to the Secretary of State only if it is satisfied that — 
(a) 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,  G/ADP/N/1/GBR/1 • G/SCM/N/1/GBR/1 • G/SG/N/1/GBR/1  
- 29 - 
  (b) acceptance of the undertaking meets the economic interest test (see paragraph 25), and  
(c) it is appropriate to accept the undertaking.  
(7) The regulations may make provision for the purposes of sub -paragraph (6)(c) about the 
circumstances where it is or is not appropriate to accept an undertaking.  
(8) Those circumstances may include that the terms and conditions of an undertaking include 
provision for the provision of information to e nable the monitoring of compliance with the 
undertaking.  
(9) The regulations must require that if the Secretary of State accepts an undertaking, the 
Secretary of State — 
(a) publishes a notice to that effect, and  
(b) notifies interested parties (see paragra ph 32(3)) accordingly.  
Reviews of undertakings etc  
24 (1) Regulations may make provision for or in connection with — 
(a) monitoring compliance with an undertaking;  
(b) investigations by the TRA of breach of an undertaking;  
(c) reviews by the TRA of the cont inuing application of an undertaking;  
(d) the circumstances in which an undertaking ceases to apply;  
(e) the acceptance of a new undertaking in place of an existing undertaking.  
(2) Regulations under sub -paragraph (1)(c) may, among other things, provide fo r a review to 
consider — 
(a) whether the continuing application of the undertaking is sufficient to eliminate the 
injurious effect of — 
(i) the dumping of the goods to a UK industry in the goods, or  
(ii) the importation of the subsidised goods to a UK indust ry in the goods;  
(b) whether the continuing application of the undertaking is appropriate.  
(3) Paragraph 10(2) applies to regulations under sub -paragraph (1)(b) or (c) in relation to an 
investigation or review as it applies to regulations under paragraph 10(1) in relation to a dumping 
or a subsidisation investigation.  
(4) The reference in sub -paragraph (1)(e) to the acceptance of a new undertaking is to the 
acceptance of an undertaking in respect of goods by the Secretary of State, on the 
recomme ndation of the TRA.  
(5) Sub -paragraphs (4) and (6) to (9) of paragraph 23 apply to regulations under 
sub-paragraph  (1)(e) in relation to the acceptance of new undertakings by virtue of those 
regulations as they apply to the acceptance of undertakings by vi rtue of regulations under 
paragraph 23(4).  
(6) References in sub -paragraph (1) to an "undertaking" (other than the reference in 
sub-paragraph (1)(e) to a "new undertaking") are to an undertaking accepted by the Secretary 
of State by virtue of regulations u nder paragraph 23(4) or sub -paragraph (1)(e).  G/ADP/N/1/GBR/1 • G/SCM/N/1/GBR/1 • G/SG/N/1/GBR/1  
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  PART 6  
SUPPLEMENTARY  
The economic interest test  
25 (1) This paragraph applies if the TRA or the Secretary of State is considering, for the purposes 
of this Schedule, whether the TRA or the Secretary of State is  satisfied that the application of an 
anti-dumping remedy or anti -subsidy remedy meets or does not meet the economic interest test.  
(2) The economic interest test is met in relation to the application of an anti -dumping remedy or 
anti-subsidy remedy if the  application of the remedy is in the economic interest of the United 
Kingdom.  
(3) That test is presumed to be met unless the TRA or, as the case may be, the Secretary of 
State is satisfied that the application of the remedy is not in the economic interest of the United 
Kingdom.  
(4) When considering whether the application of an anti -dumping remedy or anti -subsidy remedy 
is not in the economic interest of the United Kingdom, the TRA or the Secretary of State must - 
(a) take account of the following so far as relevant — 
(i) the injury caused by the dumping of the goods, or the importation of the 
subsidised goods, to a UK industry in the goods and the benefits to that UK industry 
in removing that injury,  
(ii) the economic significance of affected industries an d consumers in the United 
Kingdom,  
(iii) the likely impact on affected industries and consumers in the United Kingdom,  
(iv) the likely impact on particular geographic areas, or particular groups, in the 
United Kingdom, and  
(v) the likely consequences for t he competitive environment, and for the structure 
of markets for goods, in the United Kingdom, and  
(b) take account of such other matters as the TRA or, as the case may be, the Secretary of 
State considers relevant.  
(5) In this paragraph — 
(a) references to the application of an anti -dumping remedy are to — 
(i) requiring the giving of a guarantee under paragraph 15,  
(ii) applying an anti -dumping amount to goods, or  
(iii) accepting an undertaking under provision made by or under Part 5;  
(b) refere nces to the application of an anti -subsidy remedy are to — 
(i) requiring the giving of a guarantee under paragraph 15,  
(ii) applying a countervailing amount to goods, or  
(iii) accepting an undertaking under provision made by or under Part 5;  G/ADP/N/1/GBR/1 • G/SCM/N/1/GBR/1 • G/SG/N/1/GBR/1  
- 31 - 
  (c) "affected i ndustries and consumers" means industries and consumers that would be 
affected if the anti -dumping remedy or anti -subsidy remedy were, or were not, to be applied;  
(d) "industries" includes — 
(i) the UK industry referred to in sub -paragraph (4)(a)(i) and oth er producers of 
goods,  
(ii) suppliers of goods or services, and  
(iii) importers, distributors and retailers of goods;  
(e) "consumers" includes users of goods or services.  
Suspension of anti -dumping or anti -subsidy remedies  
26 (1) Regulations may make provi sion for or in connection with — 
(a) the TRA recommending to the Secretary of State that the application of an anti -dumping 
remedy or anti -subsidy remedy should be suspended, and  
(b) the Secretary of State accepting or rejecting such a recommendation.  
(2) The regulations must secure that the TRA may make such a recommendation to the Secretary 
of State only if the TRA is satisfied that market conditions have temporarily changed such that 
the injury caused to a UK industry in the goods would be unlikely to rec ur as a result of the 
suspension.  
(3) Regulations may make provision for the purposes of sub -paragraph (2) about what 
constitutes or does not constitute "market conditions" or a temporary change in such conditions.  
(4) Regulations under sub -paragraph (1) m ay, among other things, make — 
(a) provision for the TRA to investigate certain matters;  
(b) provision about the conduct of such an investigation;  
(c) provision about the period for which a suspension may have effect;  
(d) provision about whether that period counts towards the period for which the suspended 
remedy applies.  
(5) Paragraph 10(2) applies to regulations under sub -paragraph (4)(b) in relation to an 
investigation as it applies to regulations under paragraph 10(1) in relation to a dumping or a 
subsidisation investigation.  
(6) Where, by virtue of provision made under sub -paragraph (1), the Secretary of State accepts 
a recommendation that the application of an anti -dumping remedy or anti -subsidy remedy should 
be suspended, the Secretary of State — 
(a) must publish notice of the recommendation and of the acceptance of it,  
(b) must notify interested parties (see paragraph 32(3)) accordingly, and  
(c) is required under section 13 to make provision by public notice to give effect to the 
recommendation.  
(7) References in this paragraph to the application of an anti -dumping remedy or anti -subsidy 
remedy have the same meaning as in paragraph 25.  G/ADP/N/1/GBR/1 • G/SCM/N/1/GBR/1 • G/SG/N/1/GBR/1  
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  Not subject to both application of an anti -dumping amount and a countervailing amount  
27 (1) An anti -dumping amount is not applicable to goods if a countervailing amount is already 
applicable to the goods (and vice versa) for the purpose of dealing with the same situation arising 
from the dumping of goods or export subsidisation.  
(2) Regulations may make provisio n about what constitutes or does not constitute "export 
subsidisation" for those purposes.  
Investigations regarding repayments and discharge of a guarantee  
28 (1) Regulations may provide for the TRA to investigate specified matters for the purpose of 
deter mining whether — 
(a) a repayment of an anti -dumping amount or a countervailing amount, or interest paid in 
respect of any such amounts, should be made under regulations made under paragraph 10 
of Schedule 6;  
(b) the whole or a part of a guarantee given unde r paragraph 15 should be discharged under 
regulations made under paragraph 6 of Schedule 6.  
(2) The regulations may make provision about the conduct of any such investigation.  
(3) Paragraph 10(2) applies to those regulations in relation to such an investig ation as it applies 
to regulations under paragraph 10(1) in relation to a dumping or a subsidisation investigation.  
Registration  
29 (1) The Secretary of State may publish a notice of goods — 
(a) which are the subject of an investigation or other proceedings  under provision made by 
or under this Schedule, and  
(b) to which an anti -dumping amount or a countervailing amount may be applied or the 
existing application of an anti -dumping amount or a countervailing amount to which may be 
varied.  
(2) HMRC must register goods in respect of which such a notice is published.  
(3) Regulations may make provision for, or in connection with, the registration by HMRC of goods - 
(a) to which an anti -dumping amount or a countervailing amount may be applied, or  
(b) the exist ing application of an anti -dumping amount or a countervailing amount to which 
may be varied.  
Reconsideration, reviews and appeals  
30 Regulations may make provision for or in connection with — 
(a) the reconsideration by the TRA of decisions made by the TRA u nder provision made by 
or under this Schedule, and  
(b) the review or appeal of decisions made by the TRA or the Secretary of State under 
provision made by or under this Schedule.  
Notices  
31 (1) Where a notice is required to be published or given by a provi sion made by or under this 
Schedule, regulations may make provision about — G/ADP/N/1/GBR/1 • G/SCM/N/1/GBR/1 • G/SG/N/1/GBR/1  
- 33 - 
  (a) the form of the notice;  
(b) its content;  
(c) the manner of publication;  
(d) the means by which it is given;  
(e) the time or date on which it is published or given or is to be tr eated as published or 
given.  
(2) Such regulations may, among other things, provide — 
(a) for some of the content of the notice to be contained in a separate report to which the 
notice refers, and  
(b) for that report to be published or for it to be given, or  otherwise made available to, the 
persons to whom the notice is required to be given.  
(3) The provision made by regulations under this paragraph about the content of a notice is in 
addition to any such provision made by or under any other provision of this  Schedule.  
(4) Sub -paragraph (1)(c) does not apply to a public notice under provision made under 
paragraph  21(4)(c) or 22(2)(c)  (see section 37(5)).  
Interpretation  
32 (1) In this Schedule — 
"anti-dumping amount" has the meaning given by paragraph 17(3);  
"the amount of the subsidy", in relation to goods, has the meaning given by paragraph 4;  
"countervailable subsidy" has the meaning given by paragraph 3(2);  
"countervailing amount" has the meaning given by paragraph 17(4);  
"dumped" and "dumping" have  the meaning given by paragraph 1(1);  
"dumping investigation" has the meaning given by paragraph 8(2);  
"final affirmative determination", in relation to goods, has the meaning given by paragraph 11(6)(a);  
"final negative determination", in relation to good s, has the meaning given by paragraph 11(6)(b);  
"foreign authority" has the meaning given by paragraph 3(4);  
"foreign country or territory" means a country or territory outside the United Kingdom;  
"importer" of goods means a person liable to pay import dut y in respect of the goods;  
"injury" to a UK industry in particular goods has the meaning given by paragraph 5;  
"interested parties" has the meaning given by sub -paragraph (3);  
"like goods", in relation to goods, has the meaning given by paragraph 7;  
"the m argin of dumping", in relation to goods, has the meaning given by paragraph 2;  G/ADP/N/1/GBR/1 • G/SCM/N/1/GBR/1 • G/SG/N/1/GBR/1  
- 34 - 
  "overseas exporter" means a person outside the United Kingdom that exports goods to the 
United  Kingdom;  
"the period of a provisional remedy", in respect of goods, has the meanin g given by paragraph  15(7);  
"provisional affirmative determination", in relation to goods, has the meaning given by 
paragraph  11(3);  
"regulations" means regulations made by the Secretary of State;  
"subsidisation investigation" has the meaning given by para graph 8(4);  
"subsidised" and "subsidisation" have the meaning given by paragraph 3(1);  
"subsidy" has the meaning given by paragraph 3(3);  
"UK industry", in particular goods, has the meaning given by paragraph 6;  
"the WTO Agreement" means the agreement esta blishing the WTO signed at Marrakesh on 
15 April 1994. 
(2) References in this Schedule to the economic interest test are to be construed in accordance 
with paragraph 25.  
(3) References in a provision of this Schedule to "interested parties" means the governments of 
such foreign countries or territories, or such other persons, as may be specified in regulations 
made under this sub -paragraph for the purposes of the provision in question.  
SCHEDULE 5  
Section 13  
INCREASE IN IMPORTS CAUSING SERIOUS INJURY TO UK PRODUCERS  
PART 1  
KEY DEFINITIONS  
Meaning of importation in "increased quantities " 
1(1) For the purposes of this Schedule, goods are imported into the United Kingdom in "increased 
quantities " if— 
(a) the volume of imports of the goods increases , whether in absolute terms or relative to the 
total production in the United Kingdom of like goods and directly competitive goods, and  
(b) that increase is significant.  
(2) Regulations may make provision for the purposes of sub -paragraph (1) — 
(a) about ho w it is to be determined whether or not there has been an increase in the volume 
of imports;  
(b) about how the amount of the increase is to be determined;  
(c) about what constitutes or does not constitute a "significant " increase, including provision 
for an increase not to constitute a "significant " increase if it was foreseeable.  G/ADP/N/1/GBR/1 • G/SCM/N/1/GBR/1 • G/SG/N/1/GBR/1  
- 35 - 
  (3) "The total production in the United Kingdom of like goods and directly competitive goods " has 
the same meaning as in paragraph 3.  
(4) See paragraphs 4 and 5 for the meaning of "like goods " and "directly competitive goods ". 
Meaning of "serious injury " 
2(1) For the purposes of this Schedule, "serious injury " to UK producers of particular goods (see 
paragraph 3) means — 
(a) a significant ove rall impairment to their position, or  
(b) the threat of such impairment.  
(2) Regulations may make provision about what constitutes or does not constitute significant overall 
impairment to the position of UK producers, or the threat of such impairment, for the purposes of 
this Schedule.  
(3) Regulations may make provision about how it is to be determined for the purposes of this 
Schedule whether the importation of goods into the United Kingdom in increased quantities has 
caused or is causing serious injury to  UK producers of those goods.  
(4) Such regulations may, among other things, make provision about the use of sampling or 
cumulative assessments.  
Meaning of "UK producers " 
3(1) For the purposes of this Schedule, "UK producers " of particular goods means — 
(a) all the producers in the United Kingdom of like goods and all the producers in the United 
Kingdom of directly competitive goods, or  
(b) those of them whose collective output of like goods and directly competitive goods 
constitutes a major proportion of  the total production in the United Kingdom of those goods.  
(2) Regulations may make provision for the purposes of sub -paragraph (1) — 
(a) about what constitutes or does not constitute — 
(i) a producer in the United Kingdom of like goods or directly competit ive goods;  
(ii) such a producer’s output of like goods or directly competitive goods;  
(iii) the total production in the United Kingdom of like goods and directly competitive 
goods;  
(iv) a major proportion of that total production;  
(b) about how any of thos e matters are to be determined.  
(3) See paragraphs 4 and 5 for the meaning of "like goods " and "directly competitive goods ". 
Meaning of “like goods”  
4(1) For the purposes of this Schedule, "like goods ", in relation to goods, means — 
(a) goods which are like those goods in all respects, and  
(b) goods which, although not alike in all respects, have characteristics closely resembling 
those of the goods in question.  G/ADP/N/1/GBR/1 • G/SCM/N/1/GBR/1 • G/SG/N/1/GBR/1  
- 36 - 
  (2) Regulations may make provision about — 
(a) what constitutes or does not constitute "like g oods" for the purposes of this Schedule;  
(b) how "like goods " is to be determined for those purposes.  
Meaning of "directly competitive goods " 
5 Regulations may make provision about — 
(a) what constitutes or does not constitute "directly competitive goods " for the purposes of 
this Schedule;  
(b) how "directly competitive goods " is to be determined for those purposes.  
PART 2  
SAFEGUARDING INVESTI GATIONS  
Safeguarding investigation  
6(1) The TRA may investigate — 
(a) whether goods have been or are being imported into the United Kingdom in increased 
quantities, and  
(b) whether the importation of the goods in increased quantities has caused or is causing 
serious injury to UK producers of those goods.  
(2) References in this Schedule to a "safeguarding invest igation " are to an investigation under sub -
paragraph (1).  
Initiation of a safeguarding investigation  
7(1) The TRA may initiate a safeguarding investigation in relation to goods only if — 
(a) it is requested to initiate an investigation in an application made — 
(i) by or on behalf of UK producers of the goods ( "the applicant UK producers "), or 
(ii) by the Secretary of State,  
(b) it is satisfied that the application contains sufficient evidence that — 
(i) the goods have been or are being imported into the United Kingdom in increased 
quantities, and  
(ii) the importation of the goods in increased quantities has caused or is causing serious 
injury to UK producers of those goods,  
(c) the market share requirement is met or the TRA waives the requirement  in relation to the 
application, and  
(d) the application is accompanied by a preliminary adjustment plan or the TRA waives the 
requirement for the application to be accompanied by such a plan.  
(2) The market share requirement is met if — G/ADP/N/1/GBR/1 • G/SCM/N/1/GBR/1 • G/SG/N/1/GBR/1  
- 37 - 
  (a) in the case of an application under sub -paragraph (1)(a)(i), the TRA is satisfied that the 
applicant UK producers have a share of the market for like goods and directly competitive 
goods for consumption in the United Kingdom (whether produced there or elsewhere) which 
is sufficient to justify initiating the investigation;  
(b) in the case of an application under sub -paragraph (1)(a)(ii), the TRA is satisfied that UK 
producers of the goods have a share of the market for like goods and directly competitive 
goods for consumpt ion in the United Kingdom (whether produced there or elsewhere) which 
is sufficient to justify initiating the investigation.  
(3) A preliminary adjustment plan is — 
(a) in the case of an application under sub -paragraph (1)(a)(i), a plan setting out how the 
applicant UK producers think they might be able to adjust to the importation of the goods in 
increased quantities;  
(b) in the case of an application under sub -paragraph (1)(a)(ii), a plan setting out how UK 
producers of the goods might be able to adjust to the importation of the goods in increased 
quantities.  
(4) Regulations may make provision about — 
(a) what constitutes or does not constitute an application made by or on behalf of UK 
producers for the purposes of sub -paragraph (1)(a)(i);  
(b) when an applica tion is made for the purposes of sub -paragraph (1)(a);  
(c) the information to be contained in such an application;  
(d) the time limit for determining such an application;  
(e) the form and content of a preliminary adjustment plan;  
(f) what constitutes or do es not constitute "the market for like goods and directly competitive 
goods for consumption in the United Kingdom " and UK producers ' "share " of that market for 
the purposes of sub -paragraphs (1)(c) and (2);  
(g) how any of those matters are to be determined for the purposes of sub -paragraphs (1)(c) 
and (2).  
(5) If any of the requirements of sub -paragraph (1)(a) to (d) in respect of a safeguarding 
investigation are not met, the TRA must reject the application and notify the applicant accordingly 
(unless it is the requirement in sub -paragraph (1)(a) that is not met because the application has 
been withdrawn).  
(6) If the requirements of sub -paragraph (1)(a) to (d) in respect of a safeguarding investigation are 
met, the TRA must — 
(a) accept the applicat ion and initiate the investigation,  
(b) publish notice of its decision to initiate the investigation (including notice of the goods 
which are the subject of the investigation), and  
(c) notify the Secretary of State and interested parties (see paragraph 31( 3)) accordingly.  
(7) Notices under sub -paragraph (6)(b) and (c) must specify the date of the initiation of the 
investigation.  
 G/ADP/N/1/GBR/1 • G/SCM/N/1/GBR/1 • G/SG/N/1/GBR/1  
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  Conduct of a safeguarding investigation  
8(1) Regulations may make provision about the conduct of a safeguarding investigation.  
(2) Paragraph 10(2) of Schedule 4 applies to regulations under sub -paragraph (1) in relation to a 
safeguarding investigation as it applies to regulations under paragraph 10(1) of that Schedule in 
relation to a dumping or a subsidisation inve stigation.  
Provisional affirmative determinations and final affirmative or negative determinations  
9(1) In the case of a safeguarding investigation, an “affirmative determination” in relation to goods 
means a determination that — 
(a) the goods have been or are being imported into the United Kingdom in increased 
quantities, and  
(b) the importation of the goods in increased quantities has caused or is causing serious injury 
to UK producers of those goods.  
(2) At any stage during a safeguarding investigation, t he TRA may make an affirmative 
determination, based on the evidence then before it, in relation to goods which are the subject of 
the investigation (referred to in this Schedule as “a provisional affirmative determination”).  
(3) But the TRA may only make s uch a determination if it is satisfied that interested parties (see 
paragraph 31(3)) have been given an adequate opportunity to provide information to it regarding 
the investigation.  
(4) The TRA must make a final determination in relation to each of the go ods which are the subject 
of a safeguarding investigation.  
(5) A final determination under sub -paragraph (4) in relation to goods is — 
(a) an affirmative determination (referred to in this Schedule as a "final affirmative 
determination "), or 
(b) if the TRA determines that it cannot make an affirmative determination in relation to the 
goods, a negative determination (referred to in this Schedule as a "final negative 
determination "). 
(6) The TRA may make different final determinations in relation to different goods which are the 
subject of the investigation.  
(7) The TRA must — 
(a) publish notice of its final negative determination or final negative determinations under 
sub-paragraph (4), and  
(b) notify the Secretary of State and interested parties accordingly.  
Termination of a safeguarding investigation  
10 A safeguarding investigation in relation to goods terminates (if it has not already terminated by 
virtue of provision made under paragraph 8(1)) — 
(a) in a case where the TRA makes a final negative determination in relation to the goods, 
when notice of that determination is published under paragraph 9(7)(a),  
(b) in a case where the TRA makes a final affirmative determination in relation to the goods 
and determines that there is not a recommendation w hich it could make under G/ADP/N/1/GBR/1 • G/SCM/N/1/GBR/1 • G/SG/N/1/GBR/1  
- 39 - 
  paragraph  16(3) in relation to them, when notice of that determination is published under 
paragraph 16(11)(b),  
(c) in a case where the TRA makes a final affirmative determination in relation to the goods 
and makes a recommendation under paragraph 16(3) in relation to them which the Secretary 
of State rejects, when the notice of rejection is published under paragraph 19(3)(a) or 
20(3)(a), or  
(d) in a case where the TRA makes a final affirmative determination in relation to the goods 
and makes a recommendation under paragraph 16(3) in relation to them which the Secretary 
of State accepts, at the end of the day of publication of the public notice under section 13 
giving effect to the recommendation.  
PART 3  
PROVISIONAL REMEDIES : PROVISIO NAL SAFEGUARDING AMO UNT &  
PROVISIONAL TARIFF R ATE QUOTAS  
TRA's duty to recommend a provisional safeguarding amount or provisional tariff rate quota  
11(1)  This paragraph applies where the TRA makes a provisional affirmative determination in relation 
to goods which are the subject of a safeguarding investigation.  
(2) Goods in relation to which that determination is made are referred to in this paragraph as 
relevant goods.  
(3) The TRA may recommend to the Secretary of State — 
(a) that an additio nal amount of import duty (referred to in this Schedule as a “provisional 
safeguarding amount”) should be applicable for a specified period to all the relevant goods or 
to specified relevant goods;  
(b) that all the relevant goods, or specified relevant goo ds, should be subject to a quota for a 
specified period during which a lower rate of import duty should be applicable to imports of 
goods within the amount of the quota than is applicable to imports of goods outside the 
amount of the quota (referred to in this Schedule as a “provisional tariff rate quota”).  
(4) Where the TRA makes a recommendation under sub -paragraph (3)(a) in relation to relevant 
goods it must, as part of the recommendation, recommend to the Secretary of State how a 
provisional safeguardin g amount applicable to those goods should be determined.  
(5) The TRA may make a recommendation under sub -paragraph (3) only if it is satisfied that applying 
a provisional safeguarding amount to relevant goods, or making relevant goods subject to a 
provisio nal tariff rate quota, in accordance with its recommendation — 
(a) is necessary to prevent serious injury which it would be difficult to repair from being caused 
during the investigation to UK producers of the goods, and  
(b) meets the economic interest test  (see paragraph 23).  
(6) The TRA may only make a recommendation under one or other of paragraphs (a) and (b) of sub -
paragraph (3) in relation to any particular relevant good.  
(7) The TRA may make a recommendation under paragraph (a) or (b) of sub -paragraph  (3) in 
relation to specified relevant goods (rather than all the relevant goods) only if the recommendations 
which it makes under that sub -paragraph, when taken together, cover all the relevant goods.  
(8) If the TRA determines that there are one or more r ecommendations which it could make under 
sub-paragraph (3) in relation to all the relevant goods, or that there are one or more G/ADP/N/1/GBR/1 • G/SCM/N/1/GBR/1 • G/SG/N/1/GBR/1  
- 40 - 
  recommendations which it could make under sub -paragraph (3) in relation to specified relevant 
goods, it must make that recommend ation or one of those recommendations (subject to sub -
paragraphs (6) and (7)).  
(9) If the TRA determines that there is no recommendation which it could make under sub -
paragraph  (3), it must — 
(a) publish notice of its provisional affirmative determination i n relation to the goods,  
(b) publish notice of its determination that there is no recommendation which it could make 
under sub -paragraph (3), and  
(c) notify the Secretary of State and interested parties (see paragraph 31(3)) accordingly.  
TRA's recommendati ons about a provisional safeguarding amount  
12(1)  This paragraph applies to a recommendation by the TRA under paragraph 11(3)(a) in relation 
to goods.  
(2) The specified period referred to in paragraph 11(3)(a) — 
(a) must not exceed 200 days, and  
(b) if the recommendation is accepted by the Secretary of State, must begin on the day after 
the date of publication of the public notice under section 13 giving effect to the 
recommendation.  
(3) A recommendation under paragraph 11(3)(a) as to how a provisional s afeguarding amount 
applicable to goods should be determined (see paragraph 11(4)) may be by reference to either or 
both of the following — 
(a) the value of the goods, and  
(b) the weight or volume of the goods or any other measure of their quantity or size.  
(4) But that recommendation must be such that a provisional safeguarding amount applicable to 
goods does not exceed the amount which the TRA is satisfied is necessary to prevent serious injury 
which it would be difficult to repair from being caused during the investigation to UK producers of 
the goods.  
(5) Regulations may make provision for the purposes of sub -paragraph (4) about how the amount 
which the TRA is satisfied is necessary to prevent the serious injury described in that provision is to 
be determi ned. 
(6) A recommendation under paragraph 11(3)(a) must include such other content as regulations 
may require.  
TRA's recommendations regarding provisional tariff rate quotas  
13(1)  This paragraph applies to a recommendation by the TRA under paragraph 11(3)( b) in relation 
to goods.  
(2) The specified period referred to in paragraph 11(3)(b) — 
(a) must not exceed 200 days, and  
(b) if the recommendation is accepted by the Secretary of State, must begin on the day after 
the date of publication of the public notice under section 13 giving effect to the 
recommendation.  G/ADP/N/1/GBR/1 • G/SCM/N/1/GBR/1 • G/SG/N/1/GBR/1  
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  (3) The recommendation must (in addition to the specified period) include — 
(a) the TRA’s recommendation regarding — 
(i) the amount of the quota,  
(ii) how the quota should be allocated, and  
(iii) the rates of import duty that should be applied to goods subject to the quota, and  
(b) such other content as regulations may require.  
(4) The TRA must consult the Secretary of State before making a recommendation regarding the 
allocation of the quota.  
(5) The things recommended by the TRA by virtue of sub -paragraph (3)(a) must be such as the TRA 
is satisfied are necessary to prevent serious injury which it would be difficult to repair from being 
caused during the investigation to UK producers of the goods.  
(6) Regulations may make provision for the purposes of sub -paragraph (5) about how the things 
which the TRA is satisfied are necessary to prevent the serious injury described in that provision are 
to be determined.  
Secretary of State 's power to apply a prov isional safeguarding amount  
14(1)  If the TRA makes a recommendation under paragraph 11(3)(a), the Secretary of State must 
decide whether to accept or reject the recommendation.  
(2) The Secretary of State may reject the recommendation only if the Secretary of State is satisfied 
that— 
(a) the application of a provisional safeguarding amount to goods in accordance with the 
recommendation does not meet the economic interest test (see paragraph 23), or  
(b) it is not otherwise in the public interest to accept the recommendation.  
(3) If the recommendation is rejected, the Secretary of State must — 
(a) publish notice of the TRA’s provisional affirmative determination in relation to the goods, 
of the recommendation and of the rejection of it,  
(b) notify inte rested parties (see paragraph 31(3)) accordingly, and  
(c) lay a statement before the House of Commons setting out the reasons for rejecting the 
recommendation.  
(4) If the recommendation is accepted, the Secretary of State — 
(a) must publish notice of the TR A’s provisional affirmative determination in relation to the 
goods, of the recommendation and of the acceptance of it,  
(b) must notify interested parties accordingly, and  
(c) is required under section 13 to make provision by public notice to give effect to  the 
recommendation.  
(5) The period for which a provisional safeguarding amount applies to goods ceases (if it has not 
already expired) when the safeguarding investigation in relation to the goods terminates.  G/ADP/N/1/GBR/1 • G/SCM/N/1/GBR/1 • G/SG/N/1/GBR/1  
- 42 - 
  Secretary of State’s power to subject goods to a provisional tariff rate quota  
15(1)  If the TRA makes a recommendation under paragraph 11(3)(b), the Secretary of State must 
decide whether to accept or reject the recommendation.  
(2) The Secretary of State may reject the recommendation only if the Secret ary of State is satisfied 
that— 
(a) making goods subject to a provisional tariff rate quota in accordance with the 
recommendation does not meet the economic interest test (see paragraph 23), or  
(b) it is not otherwise in the public interest to accept the r ecommendation.  
(3) If the recommendation is rejected, the Secretary of State must — 
(a) publish notice of the TRA 's provisional affirmative determination in relation to the goods, 
of the recommendation and of the rejection of it,  
(b) notify interested parti es (see paragraph 31(3)) accordingly, and  
(c) lay a statement before the House of Commons setting out the reasons for rejecting the 
recommendation.  
(4) If the recommendation is accepted, the Secretary of State — 
(a) must publish notice of the TRA 's provisio nal affirmative determination in relation to the 
goods, of the recommendation and of the acceptance of it,  
(b) must notify interested parties accordingly, and  
(c) is required under section 13 to make provision by public notice to give effect to the 
recommendation.  
(5) The period for which goods are subject to a provisional tariff rate quota ceases (if it has not 
already expired) when the safeguarding investigation in relation to the goods terminates.  
PART 4  
DEFINITIVE REMEDIES:  DEFINITIVE SAFEGUARDING AMOUNT & TARIFF RATE QUOTAS  
TRA's duty to recommend a definitive safeguarding amount or tariff rate quota  
16(1)  This paragraph applies where the TRA makes a final affirmative determination in relation to 
goods which are the subject of a safegu arding investigation.  
(2) Goods in relation to which that determination is made are referred to in this paragraph as 
relevant goods.  
(3) The TRA may recommend to the Secretary of State — 
(a) that an additional amount of import duty (referred to in this Sche dule as a "definitive 
safeguarding amount ") should be applicable for a specified period to all the relevant goods or 
to specified relevant goods;  
(b) that all the relevant goods, or specified relevant goods, should be subject to a quota for a 
specified per iod during which a lower rate of import duty should be applicable to imports of 
goods within the amount of the quota than is applicable to imports of goods outside the 
amount of the quota (referred to in this Schedule as a “tariff rate quota”).  G/ADP/N/1/GBR/1 • G/SCM/N/1/GBR/1 • G/SG/N/1/GBR/1  
- 43 - 
  (4) Where t he TRA makes a recommendation under sub -paragraph (3)(a) in relation to relevant 
goods it must, as part of the recommendation, recommend to the Secretary of State how a definitive 
safeguarding amount applicable to those goods should be determined.  
(5) The TRA may make a recommendation under sub -paragraph (3) only if it is satisfied that — 
(a) applying a definitive safeguarding amount to relevant goods, or making relevant goods 
subject to a tariff rate quota, in accordance with its recommendation meets the ec onomic 
interest test (see paragraph 23), and  
(b) there is in place an adjustment plan setting out how UK producers of the relevant goods 
intend to adjust to the importation of the goods in increased quantities.  
(6) But sub -paragraph (5) is to be read as if  paragraph (b) were omitted if the TRA waived the 
requirement for the application to initiate a safeguarding investigation in relation to the relevant 
goods to be accompanied by a preliminary adjustment plan.  
(7) Regulations may make provision about the fo rm and content of an adjustment plan.  
(8) The TRA may only make a recommendation under one or other of paragraphs (a) and (b) of sub -
paragraph (3) in relation to any particular relevant good.  
(9)The TRA may make a recommendation under paragraph (a) or (b) of sub -paragraph (3) in relation 
to specified relevant goods (rather than all the relevant goods) only if the recommendations which 
it makes under that sub -paragraph, when taken together, cover all the relevant goods.  
(10) If the TRA determines that there are one or more recommendations which it could make under 
sub-paragraph (3) in relation to all the relevant goods, or that there are one or more 
recommendations which it could make under sub -paragraph (3) in relation to specified relevant 
goods, it must ma ke that recommendation or one of those recommendations (subject to sub -
paragraphs (8) and (9)).  
(11) If the TRA determines that there is no recommendation which it could make under sub -
paragraph (3) it must — 
(a) publish notice of its final affirmative dete rmination in relation to the goods,  
(b) publish notice of its determination that there is no recommendation which it could make 
under sub -paragraph (3), and  
(c) notify the Secretary of State and interested parties (see paragraph 31(3)) accordingly.  
TRA's recommendations about a definitive safeguarding amount  
17(1)  This paragraph applies to a recommendation by the TRA under paragraph 16(3)(a) in relation 
to goods.  
(2) The specified period referred to in paragraph 16(3)(a) — 
(a) must be such period as the TRA is satisfied is necessary — 
(i) to remove the serious injury, or to prevent further serious injury, caused by the 
importation of the goods in increased quantities to UK producers of the goods, and  
(ii) to facilitate the adjustment of those UK producers to the importation of the goods 
in increased quantities,  
(b) must not exceed 4 years (but see paragraph 21 regarding the possibility of extensions or 
other variations to that period following a review), and  G/ADP/N/1/GBR/1 • G/SCM/N/1/GBR/1 • G/SG/N/1/GBR/1  
- 44 - 
  (c) if the recommendation is accepted b y the Secretary of State, must begin on the day after 
the date of publication of the public notice under section 13 giving effect to the 
recommendation.  
(3) A recommendation under paragraph 16(3)(a) as to how a definitive safeguarding amount 
applicable to goods should be determined (see paragraph 16(4)) may be by reference to either or 
both of the following — 
(a) the value of the goods, and  
(b) the weight or volume of the goods or any other measure of their quantity or size.  
(4) But that recommendation must be such that — 
(a) a definitive safeguarding amount applicable to goods does not exceed the amount which 
the TRA is satisfied is necessary — 
(i) to remove serious injury to UK producers of the goods, and  
(ii) to facilitate the adjustment of those UK producer s to the importation of the goods 
in increased quantities, and  
(b) where the specified period referred to in paragraph 16(3)(a) exceeds 1 year, a definitive 
safeguarding amount applicable to goods becomes progressively smaller as the period 
progresses.  
(5) Regulations may make provision for the purposes of sub -paragraph (4)(a) about how the amount 
which the TRA is satisfied is necessary for the purposes mentioned is to be determined.  
(6) A recommendation under paragraph 16(3)(a) must include such other cont ent as regulations 
may require.  
(7) If a provisional safeguarding remedy has been applied to some or all of the goods as part of the 
same safeguarding investigation, sub -paragraph (8) applies for the purposes of sub -
paragraphs  (2)(b) and (4)(b).  
(8) The le ngth of the specified period referred to in paragraph 16(3)(a), so far as relating to goods 
to which a provisional safeguarding remedy has been applied, is to be treated as extended by the 
length of the specified period for which the TRA recommended that a  provisional safeguarding 
remedy should be applied to them.  
(9) Where the application of sub -paragraph (8) results in the length of the specified period referred 
to in paragraph 16(3)(a), so far as relating to goods to which a provisional safeguarding reme dy has 
been applied, exceeding 1 year, sub -paragraph (4)(b) is to be read as if references to goods were 
references to the goods to which the provisional safeguarding remedy has been applied.  
(10) In this paragraph, references to the application of a provi sional safeguarding remedy are to — 
(a) applying a provisional safeguarding amount to goods, or  
(b) making goods subject to a provisional tariff rate quota.  
TRA's recommendations regarding tariff rate quotas  
18(1)  This paragraph applies to a recommendation by the TRA under paragraph 16(3)(b) in relation 
to goods.  
(2) The specified period referred to in paragraph 16(3)(b) — 
(a) must be such period as the TRA is satisfied is necessary — G/ADP/N/1/GBR/1 • G/SCM/N/1/GBR/1 • G/SG/N/1/GBR/1  
- 45 - 
  (i) to remove the serious injury, or to prevent further serious injury, caus ed by the 
importation of the goods in increased quantities to UK producers of the goods, and  
(ii) to facilitate the adjustment of those UK producers to the importation of the goods 
in increased quantities,  
(b) must not exceed 4 years (but see paragraph 21 regarding the possibility of extensions or 
other variations to that period following a review), and  
(c) if the recommendation is accepted by the Secretary of State, must begin on the day after 
the date of publication of the public notice under section 13 giving effect to the 
recommendation.  
(3) The recommendation must (in addition to the specified period) include — 
(a) the TRA’s recommendation regarding — 
(i) the amount of the quota,  
(ii) how the quota should be allocated, and  
(iii) the rates of i mport duty that should be applied to goods subject to the quota, and  
(b) such other content as regulations may require.  
(4) The TRA must consult the Secretary of State before making a recommendation regarding the 
allocation of the quota.  
(5) The things recommended by the TRA by virtue of sub -paragraph (3)(a) — 
(a) must be such as the TRA is satisfied are necessary — 
(i) to remove serious injury to UK producers of the goods, and  
(ii) to facilitate the adjustment of those UK producers to the importati on of the goods 
in increased quantities, and  
(b) where the specified period referred to in paragraph 16(3)(b) exceeds 1 year, must be such 
that the amount of import duty applicable to goods subject to the quota becomes progressively 
smaller as the period p rogresses (whether by increases in the amount of the quota, decreases 
in the rates of import duty, or both).  
(6) Regulations may make provision for the purposes of sub -paragraph (5)(a) about how the things 
which the TRA is satisfied are necessary for the p urposes mentioned are to be determined.  
(7) If a provisional safeguarding remedy has been applied to some or all of the goods as part of the 
same safeguarding investigation, sub -paragraph (8) applies for the purposes of sub -paragraphs 
(2)(b) and (5)(b).  
(8) The length of the specified period referred to in paragraph 16(3)(b), so far as relating to goods 
to which a provisional safeguarding remedy has been applied, is to be treated as extended by the 
length of the specified period for which the TRA recommende d that a provisional safeguarding 
remedy should be applied to them.  
(9) Where the application of sub -paragraph (8) results in the length of the specified period referred 
to in paragraph 16(3)(b), so far as relating to goods to which a provisional safeguard ing remedy has 
been applied, exceeding 1 year, sub -paragraph (5)(b) is to be read as if references to goods were 
references to the goods to which the provisional safeguarding remedy has been applied.  
(10) In this paragraph, references to the application of  a provisional safeguarding remedy are to — G/ADP/N/1/GBR/1 • G/SCM/N/1/GBR/1 • G/SG/N/1/GBR/1  
- 46 - 
  (a) applying a provisional safeguarding amount to goods, or  
(b) making goods subject to a provisional tariff rate quota.  
Secretary of State’s power to apply a definitive safeguarding amount  
19(1)  If the TRA makes a recommendation under paragraph 16(3)(a) that a definitive safeguarding 
amount should be applicable to goods, the Secretary of State must decide whether to accept or 
reject the recommendation.  
(2) The Secretary of State may reject the recommendation only if the Secretary of State is satisfied 
that— 
(a) the application of a definitive safeguarding amount to goods in accordance with the 
recommendation does not meet the economic interest test (see paragraph 23), or  
(b) it is not otherwise in the public intere st to accept the recommendation.  
(3) If the recommendation is rejected, the Secretary of State must — 
(a) publish notice of the TRA’s final affirmative determination in relation to the goods, of the 
recommendation and of the rejection of it,  
(b) notify interested parties (see paragraph 31(3)) accordingly, and  
(c) lay a statement before the House of Commons setting out the reasons for rejecting the 
recommendation.  
(4) If the recommendation is accepted, the Secretary of State — 
(a) must publish notic e of the TRA’s final affirmative determination in relation to the goods, 
of the recommendation and of the acceptance of it,  
(b) must notify interested parties accordingly, and  
(c) is required under section 13 to make provision by public notice to give effe ct to the 
recommendation.  
(5) See paragraphs 21 and 22 for variation or revocation of the application of a definitive 
safeguarding amount.  
Secretary of State’s power to subject goods to a tariff rate quota  
20(1)  If the TRA makes a recommendation under para graph 16(3)(b) that goods should be subject 
to a tariff rate quota, the Secretary of State must decide whether to accept or reject the 
recommendation.  
(2) The Secretary of State may reject the recommendation only if the Secretary of State is satisfied 
that— 
(a) making goods subject to a tariff rate quota in accordance with the recommendation does 
not meet the economic interest test (see paragraph 23), or  
(b) it is not otherwise in the public interest to accept the recommendation.  
(3) If the recommendation i s rejected, the Secretary of State must — 
(a) publish notice of the TRA’s final affirmative determination in relation to the goods, of the 
recommendation and of the rejection of it,  G/ADP/N/1/GBR/1 • G/SCM/N/1/GBR/1 • G/SG/N/1/GBR/1  
- 47 - 
  (b) notify interested parties (see paragraph 31(3)) accordingly, and  
(c) lay a statement before the House of Commons setting out the reasons for rejecting the 
recommendation.  
(4) If the recommendation is accepted, the Secretary of State — 
(a) must publish notice of the TRA 's final affirmative determination in relation to the goods , 
of the recommendation and of the acceptance of it,  
(b) must notify interested parties accordingly, and  
(c) is required under section 13 to make provision by public notice to give effect to the 
recommendation.  
(5) See paragraphs 21 and 22 for variation or revocation of a tariff rate quota.  
Reviews  
21(1)  Regulations may make provision for, or in connection with, reviews by the TRA of the 
continuing application of a definitive safeguarding amount or the continuation of a tariff rate quota.  
(2) References in this paragraph to “a review” are to a review by virtue of provision made under 
sub-paragraph (1).  
(3) Regulations under sub -paragraph (1) may, among other things, provide for a review to 
consider — 
(a) whether the continuing application of a def initive safeguarding amount, or the continuation 
of a tariff rate quota, is necessary — 
(i) to remove the serious injury, or to prevent further serious injury, caused by the 
importation of the goods in increased quantities to UK producers of the goods, or  
(ii) to facilitate the adjustment of those UK producers to the importation of the goods 
in increased quantities;  
(b) whether serious injury to UK producers of the goods would be likely to continue or recur 
if the application of a definitive safeg uarding amount were to expire or be varied or revoked 
or if a tariff rate quota were to expire or be varied or revoked;  
(c) whether replacing the application of a definitive safeguarding amount with a tariff rate 
quota, or replacing a tariff rate quota wit h the application of a definitive safeguarding amount, 
would better meet the aim of — 
(i) removing serious injury to UK producers of the goods, or  
(ii) facilitating the adjustment of those UK producers to the importation of the goods in 
increased quantities ; 
(d) whether an adjustment plan as referred to in paragraph 16(5)(b) is being complied with.  
(4) Regulations under sub -paragraph (1) may, among other things, make — 
(a) provision for the TRA to investigate certain matters;  
(b) provision for the period for which a definitive safeguarding amount applies to goods by 
public notice under section 13, or for which goods are subject to a tariff rate quota by public 
notice under that section, to be treated as continuing (where it would otherwise cease to do 
so) whil e a review is ongoing;  G/ADP/N/1/GBR/1 • G/SCM/N/1/GBR/1 • G/SG/N/1/GBR/1  
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  (c) other provision about the conduct of a review.  
(5) Paragraph 10(2) of Schedule 4 applies to regulations made by virtue of sub -paragraph (4)(c) in 
relation to a review as it applies to regulations under paragraph 10(1) of that Sch edule in relation 
to a dumping or a subsidisation investigation.  
(6) Regulations may make provision for or in connection with — 
(a) the TRA recommending to the Secretary of State that — 
(i) the application of a definitive safeguarding amount to goods should be varied, 
revoked or replaced with a tariff rate quota, or  
(ii) a tariff rate quota to which goods are subject should be varied, revoked or replaced 
with the application of a definitive safeguarding amount, and  
(b) the Secretary of State accepting or reje cting such a recommendation.  
(7) Where, by virtue of provision made under sub -paragraph (6), the Secretary of State accepts a 
recommendation that the application of a definitive safeguarding amount to goods, or a tariff rate 
quota to which goods are subjec t, should be varied or revoked, the Secretary of State — 
(a) must publish notice of the recommendation and of the acceptance of it,  
(b) must notify interested parties (see paragraph 31(3)) accordingly, and  
(c) is required under section 13 to make provision by public notice to give effect to the 
recommendation.  
(8) The variation of the application of a definitive safeguarding amount to goods which the TRA may 
recommend to the Secretary of State by virtue of regulations under sub -paragraph (6) may take the 
form of one or both of the following — 
(a) varying the period for which a definitive safeguarding amount is applicable (including 
extending it beyond the period referred to in paragraph 17(2)(b));  
(b) varying how a definitive safeguarding amount should be dete rmined such that a lower 
amount of import duty is applicable.  
(9) The variation of a tariff rate quota which the TRA may recommend to the Secretary of State by 
virtue of regulations under sub -paragraph (6) may take the form of one or more of the following — 
(a) increasing the amount of the quota;  
(b) varying the allocation of the quota;  
(c) reducing the rates of import duty that apply to goods subject to the quota;  
(d) reducing the part of the period for which the amount of the quota is lower or for which 
import duty at a higher rate applies (so that the amount of the quota is increased, or import 
duty applies at a lower rate, more quickly);  
(e) varying the period for which goods are subject to the quota (including extending it beyond 
the period refer red to in paragraph 18(2)(b)).  
(10) Where, by virtue of provision made under sub -paragraph (6), the Secretary of State accepts a 
recommendation that, for the first time, a definitive safeguarding amount should be applicable to 
goods or goods should be subj ect to a tariff rate quota, the Secretary of State — 
(a) must publish notice of the recommendation and of the acceptance of it,  G/ADP/N/1/GBR/1 • G/SCM/N/1/GBR/1 • G/SG/N/1/GBR/1  
- 49 - 
  (b) must notify interested parties accordingly, and  
(c) is required under section 13 to make provision by public notice to give e ffect to the 
recommendation.  
Variation or revocation following an international dispute decision  
22(1)  Regulations may make provision for or in connection with — 
(a) the TRA recommending to the Secretary of State that the application of a definitive 
safeguarding amount to goods, or a tariff rate quota to which goods are subject, should be 
varied or revoked in light of an international dispute decision, and  
(b) the Secretary of State accepting or rejecting such a recommendation.  
(2) The regu lations may, among other things — 
(a) provide for the TRA to investigate certain matters for the purposes of determining whether 
to make a recommendation to the Secretary of State and what to recommend;  
(b) make provision about the conduct of such an invest igation;  
(c) provide for the suspension, by public notice given by the Secretary of State, of the 
application of a definitive safeguarding amount or the making of goods subject to a tariff rate 
quota.  
(3) Paragraph 10(2) of Schedule 4 applies to regulation s made by virtue of sub -paragraph (2)(b) in 
relation to such an investigation as it applies to regulations under paragraph 10(1) of that Schedule 
in relation to a dumping or a subsidisation investigation.  
(4) Where, by virtue of provision made under the re gulations, the Secretary of State accepts a 
recommendation that the application of a definitive safeguarding amount to goods, or a tariff rate 
quota to which goods are subject, should be varied or revoked, the Secretary of State — 
(a) must publish notice of  the recommendation and of the acceptance of it,  
(b) must notify interested parties (see paragraph 31(3)) accordingly, and  
(c) is required under section 13 to make provision by public notice to give effect to the 
recommendation.  
(5) Paragraph 21(8) and (9)  apply for the purposes of regulations under this paragraph as they 
apply for the purposes of regulations under paragraph 21(6).  
(6) An "international dispute decision " means — 
(a) a report of a panel or Appellate Body that is adopted by the Dispute Settlem ent Body of 
the WTO, or  
(b) if not within paragraph (a), a decision under the dispute settlement procedures of an 
arrangement relating to trade to which Her Majesty 's government in the United Kingdom is a 
party with the government of a foreign country or t erritory.  
  G/ADP/N/1/GBR/1 • G/SCM/N/1/GBR/1 • G/SG/N/1/GBR/1  
- 50 - 
  PART 5  
SUPPLEMENTARY  
The economic interest test  
23(1)  This paragraph applies if the TRA or the Secretary of State is considering, for the purposes of 
this Schedule, whether the TRA or the Secretary of State is satisfied that the application of a 
safeguarding remedy meets or does not meet the economic interest test.  
(2) The economic interest test is met in relation to the application of a safeguarding remedy if the 
application of the remedy is in the economic interest of the United  Kingdom.  
(3) When considering whether or not the application of a safeguarding remedy is in the economic 
interest of the United Kingdom, the TRA or the Secretary of State must — 
(a) take account of the following so far as relevant — 
(i) the serious injury caused by the importation of the goods in increased quantities to 
UK producers of those goods and the benefits to those UK producers in removing that 
injury,  
(ii) the economic significance of affected industries and consumers in the United 
Kingdom,  
(iii) the likely impact on affected industries and consumers in the United Kingdom,  
(iv) the likely impact on particular geographic areas, or particular groups, in the United 
Kingdom, and  
(v) the likely consequences for the competitive environment, and for  the structure of 
markets for goods, in the United Kingdom, and  
(b) take account of such other matters as the TRA or, as the case may be, the Secretary of 
State considers relevant.  
(4) In this paragraph — 
(a) references to the application of a safeguarding remedy are to — 
(i) applying a provisional safeguarding amount or a definitive safeguarding amount to 
goods, or  
(ii) making goods subject to a provisional tariff rate quota or a tariff rate quota;  
(b) "affected industries and consumers " means industries and  consumers that would be 
affected if the safeguarding remedy were, or were not, to be applied;  
(c) "industries " includes — 
(i) the UK producers referred to in sub -paragraph (3)(a)(i) and other producers of 
goods,  
(ii )suppliers of goods or services, and  
(iii) importers, distributors and retailers of goods;  
(d) "consumers " includes users of goods or services.  G/ADP/N/1/GBR/1 • G/SCM/N/1/GBR/1 • G/SG/N/1/GBR/1  
- 51 - 
  Suspension of safeguarding remedies  
24(1)  Regulations may make provision for or in connection with — 
(a) the TRA recommending to the Secretary of State that the application of a safeguarding 
remedy should be suspended, and  
(b) the Secretary of State accepting or rejecting such a recommendation.  
(2) The regulations must secure that the TRA may make such a recommendation to the Secretary 
of State only  if the TRA is satisfied that market conditions have temporarily changed such that the 
serious injury caused to UK producers of the goods would be unlikely to recur as a result of the 
suspension.  
(3) Regulations may make provision for the purposes of sub -paragraph (2) about what constitutes 
or does not constitute "market conditions " or a temporary change in such conditions.  
(4) Regulations under sub -paragraph (1) may, among other things, make — 
(a )provision for the TRA to investigate certain matters;  
(b) provision about the conduct of such an investigation;  
(c) provision about the period for which a suspension may have effect;  
(d) provision about whether that period counts towards the period for which the suspended 
remedy applies.  
(5) Paragraph 10(2) of Sche dule 4 applies to regulations made by virtue of sub -paragraph (4)(b) in 
relation to an investigation as it applies to regulations under paragraph 10(1) of that Schedule in 
relation to a dumping or a subsidisation investigation.  
(6) Where, by virtue of prov ision made under sub -paragraph (1), the Secretary of State accepts a 
recommendation that the application of a safeguarding remedy should be suspended, the Secretary 
of State — 
(a) must publish notice of the recommendation and of the acceptance of it,  
(b) must notify interested parties (see paragraph 31(3)) accordingly, and  
(c) is required under section 13 to make provision by public notice to give effect to the 
recommendation.  
(7) References in this paragraph to the application of a safeguarding remedy have the same meaning 
as in paragraph 23.  
Exceptions  
25(1)  For the purpose of giving effect to arrangements between Her Majesty’s government in the 
United Kingdom and the government of a foreign country or territory, regulations may make 
provision excepting goods originating from a specified foreign country or territory from the 
application of this Schedule, or from specified provision made by or under it.  
(2) Regulations may make provision requiring goods originating from a specified foreign countr y or 
territory or description of foreign country or territory to be excepted from the goods in relation to 
which the TRA may make a recommendation under provision made by or under this Schedule.  
Restrictions on successive safeguarding remedies  
26(1)  This p aragraph applies if — G/ADP/N/1/GBR/1 • G/SCM/N/1/GBR/1 • G/SG/N/1/GBR/1  
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  (a) the TRA makes a recommendation under paragraph 16(3) that a definitive safeguarding 
amount should be applicable to goods or that goods should be subject to a tariff rate quota, 
and 
(b) a definitive safeguarding amount has previousl y been applied to those goods, or they have 
previously been subject to a tariff rate quota, as a result of an earlier recommendation made 
by the TRA under that paragraph.  
(2) In this paragraph, references to the “previous safeguarding remedy”, in relation to goods, are 
to— 
(a) the most recent application of a definitive safeguarding amount to the goods, or  
(b) the tariff rate quota to which the goods were most recently subject.  
(3) The Secretary of State may not accept the recommendation if the period for which a definitive 
safeguarding amount would be applicable to the goods, or for which the goods would be subject to 
a tariff rate quota, would (by virtue of paragraph 17(2)(c) or 18(2)(c)) begin before the end of the 
restricted period.  
(4) The restrict ed period means — 
(a) such period, beginning with the day after the date on which the period of the previous 
safeguarding remedy ended, as is equal to the period of that previous safeguarding remedy, 
or 
(b) if it would result in a period of a greater length  than the period referred to in paragraph  (a), 
the period of two years beginning with the day after the date on which the period of the  
previous safeguarding remedy ended.  
(5) Sub-paragraph (3) does not prevent the Secretary of State from accepting the re commendation 
if— 
(a)the specified period referred to in paragraph 16(3)(a) or, as the case may be, paragraph 
16(3)(b) ( "the recommended period ") does not exceed 180 days,  
(b)the date on which the period of the previous safeguarding remedy began is at least  1 year 
before the date on which the recommended period would (by virtue of paragraph 17(2)(c) or 
18(2)(c)) begin, and  
(c)no more than 2 notices have been published under paragraph 19(4)(a) or 20(4)(a) in 
relation to the goods in the period of 5 years endi ng with the day before the date on which 
the recommended period would begin.  
Interaction with anti -dumping remedies and anti -subsidy remedies  
27 In determining for the purposes of any provision of this Schedule, or of regulations made under 
it, what is nec essary to prevent or remove serious injury to UK producers of particular goods, the 
TRA must take account of — 
(a)any requirement to give a guarantee in respect of the goods which applies under paragraph 
15 of Schedule 4,  
(b)any application of an anti -dumpi ng amount or a countervailing amount to the goods under 
section 13, and  
(c)any undertaking which has been accepted in respect of the goods under provision made by 
or under Part 5 of Schedule 4.  
 G/ADP/N/1/GBR/1 • G/SCM/N/1/GBR/1 • G/SG/N/1/GBR/1  
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  Investigations regarding repayments  
28(1)  Regulations may pro vide for the TRA to investigate specified matters for the purpose of 
determining whether — 
(a)a repayment of a provisional safeguarding amount or a definitive safeguarding amount,  
(b)the repayment of an amount of import duty charged by virtue of provision m ade under 
section 13 in respect of goods which are subject to a provisional tariff rate quota or a tariff 
rate quota, or  
(c)the repayment of interest paid in respect of any such amounts,  should be made under 
regulations made under paragraph 10 of Schedule 6. 
(2) The regulations may make provision about the conduct of any such investigation.  
(3) Paragraph 10(2) of Schedule 4 applies to those regulations in relation to such an investigation 
as it applies to regulations under paragraph 10(1) of that Schedule i n relation to a dumping or a 
subsidisation investigation.  
Reconsideration, reviews and appeals  
29 Regulations may make provision for or in connection with — 
(a)the reconsideration by the TRA of decisions made by the TRA under provision made by or 
under this  Schedule, and  
(b)the review or appeal of decisions made by the TRA or the Secretary of State under provision 
made by or under this Schedule.  
Notices  
30(1)  Where a notice is required to be published or given by a provision made by or under this 
Schedule, r egulations may make provision about — 
(a)the form of the notice;  
(b)its content;  
(c)the manner of publication;  
(d)the means by which it is given;  
(e)the time or date on which it is published or given or is to be treated as published or given.  
(2) Such regulations may, among other things, provide — 
(a)for some of the content of the notice to be contained in a separate report to which the 
notice refers, and  
(b)for that report to be published or for it to be given, or otherwise made available to, the 
person s to whom the notice is required to be given.  
(3) The provision made by regulations under this paragraph about the content of a notice is in 
addition to any such provision made by or under any other provision of this Schedule.  
(4) Sub-paragraph (1)(c) does  not apply to a public notice under provision made under 
paragraph  22(2)(c) (see section 37(5)).  
 G/ADP/N/1/GBR/1 • G/SCM/N/1/GBR/1 • G/SG/N/1/GBR/1  
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  Interpretation  
31(1)  In this Schedule — 
"definitive safeguarding amount " has the meaning given by paragraph 16(3)(a);  
"directly competitive goods " has the meaning given by paragraph 5;  
"final affirmative determination ", in relation to goods, has the meaning given by paragraph 9(5)(a);  
"final negative determination ", in relatio n to goods, has the meaning given by paragraph 9(5)(b);  
"foreign country or territory " means a country or territory outside the United Kingdom;  
importation in “increased quantities” has the meaning given by paragraph 1;  
"interested parties " has the meaning  given by sub -paragraph (3);  
"like goods ", in relation to goods, has the meaning given by paragraph 4;  
"provisional affirmative determination ", in relation to goods, has the meaning given by 
paragraph  9(2); 
"provisional safeguarding amount " has the meaning  given by paragraph 11(3)(a);  
"provisional tariff rate quota " has the meaning given by paragraph 11(3)(b);  
"regulations " means regulations made by the Secretary of State;  
"safeguarding investigation " has the meaning given by paragraph 6(2);  
"serious injury " to UK producers of particular goods has the meaning given by paragraph 2;  
"tariff rate quota " has the meaning given by paragraph 16(3)(b);  
"UK producers ", of particular goods, has the meaning given by paragraph 3.  
(2)References in this Schedule to the economic interest test are to be construed in accordance with 
paragraph 23.  
(3)References in a provision of this Schedule to “interested parties” means the governments of such 
foreign countries or territories, or such other persons, as may be specified in regulations made under 
this sub -paragraph for the purposes of the provision in question.  
 
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