The Trade Remedies (Dumping and Subsidisation) (EU Exit) Regulations 2019

• Citation: S.I. 2019/450
• Sections: 220

Section 1 Citation, commencement and effect

(1) These Regulations may be cited as the Trade Remedies (Dumping and Subsidisation) (EU Exit) Regulations 2019.

(2) These Regulations come into force on 6th March 2019.

(3) These Regulations have effect subject to the modifications in Part 13 until the TRA is established.

(4) Following the establishment of the TRA, any preliminary decision or determination made by the Secretary of State under Parts 7, 9, 11 and 12 of these Regulations as modified by Part 13, has effect as though it were a recommendation made by the TRA under the corresponding unmodified provision.

(5) Following the establishment of the TRA, anything done (or having effect as if done) by the Secretary of State in pursuance of a transitional function has effect as if done by the TRA, so far as that is required for continuing its effect.

(6) Following the establishment of the TRA, anything done (or having effect as if done) in relation to the Secretary of State in connection with a transitional function has effect as if done in relation to the TRA, so far as that is required for continuing its effect.

(7) If, on the establishment of the TRA, anything is in the process of being done by or in relation to the Secretary of State in connection with a transitional function, it may, following the establishment of the TRA, be continued by or in relation to the TRA.

(8) A “transitional function” is a function which—

(a) is conferred on the Secretary of State by the Part 13 these Regulations,

(b) corresponds to a function that will, following the establishment of the TRA, be exercisable by the TRA under Parts 2 to 12 of these Regulations, and

(c) following the establishment of the TRA, will not be exercisable by the Secretary of State.

Section 2 Interpretation

In these Regulations—

“ absorption review ” has the meaning given by regulation 72 (absorption review);

“ the Act ” means the Taxation (Cross-border) Trade Act 2018;

“ applicant UK industry ” has the meaning given by paragraph 9(1)(a)(i) of Schedule 4 to the Act;

“ application ” means an application referred to in paragraph 9(1)(a) of Schedule 4 to the Act;

“ circumvention review ” has the meaning given by regulation 73 (circumvention review);

“ comparable price ” in relation to goods means the price of the goods, in the ordinary course of trade, destined for consumption in the exporting country or territory;

“ contributor ” means a person other than an interested party who has made themselves known to the TRA for the purpose of participating in an investigation or a review;

“ early review ” has the meaning given by regulation 68A;

“ expiry review ” has the meaning given by regulation 70 (expiry review);

“ the export price ” in relation to goods means the price determined by the TRA in accordance with regulation 15 (export price);

“ exporting country or territory ” has the meaning given by regulation 3 (exporting country or territory);

“ facilitation visit ” means a visit conducted by the TRA, other than a verification visit, for the purpose of facilitating the progress of an investigation;

“ goods concerned ” means the goods described in the relevant notice of initiation of a dumping investigation under regulation 65(1) or of a subsidisation investigation under regulation 65(2);

“ goods identified ” means the goods in relation to which the applicant UK industry is requesting the TRA to conduct an investigation;

“ goods subject to review ” means the goods described in the notice of initiation of a review under paragraph 1 of Schedule 3;

“ interested party ” means—

a government of the relevant foreign country or territory;

an overseas exporter or importer of the goods concerned or the goods subject to review;

a trade or business association of producers, overseas exporters or importers of the goods concerned or the goods subject to review;

a producer of the like goods in the United Kingdom; or

a trade or business association of UK producers of the like goods;

an overseas producer of the goods concerned or the goods subject to review;

“ interim review ” has the meaning given by regulation 69 (interim review);

“ investigation ” means a dumping investigation or a subsidisation investigation;

“ minimal ” means—

in the case of dumping, a dumping margin of less than 2 per cent. expressed as a percentage of the export price;

subject to paragraph (c), in the case of subsidisation, an amount of subsidy of less than 1 per cent. ad valorem; or

where the exporting country or territory is a developing foreign country or territory in sub-paragraph (b), for 1 per cent. substitute 2 per cent.;

“ new exporter ” has the meaning given by regulation 71 (new exporter review);

“ new exporter review ” has the meaning given by regulation 71 (new exporter review);

“ non-confidential summary ” has the meaning given by regulation 45(6)(a);

“overseas producer” means a person outside of the United Kingdom that produces goods;

“ period of investigation ” means a period of at least one year ending as close as possible to the date of the initiation of the investigation or such other period as the TRA considers appropriate;

prices are “depressed” or there is a “depressing” effect on prices where prices in the United Kingdom of the like goods are reduced;

prices are “suppressed” or there is a “suppressing” effect on prices where price increases in the United Kingdom of the like goods, which would otherwise have occurred, are prevented;

“ price undercutting ” means the price of the goods concerned or the goods subject to review is lower than the price of the like goods in the United Kingdom;

“ review applicant ” means a person who applies to the TRA for the initiation of a review;

“ review application ” means an application for a review made in accordance with Part 7 or 12 , but does not include a request by the Secretary of State under regulation 67(A1) that the TRA undertakes an early review ;

“ scope review ” has the meaning given by regulation 74 (scope review);

“ statement of essential facts ” has the meaning given by regulation 62(1)(a);

“ statement of reasons ” has the meaning given by regulation 45(6)(b);

“ subsidised imports ” means goods that benefit from a countervailable subsidy that are imported into the United Kingdom;

“ UK producer ” has the meaning given by regulation 29 (disregarding a producer for the purpose of the definition of a UK industry);

“ verification visit ” means a visit conducted by the TRA to any premises the principal purpose of which is to verify information supplied to it in or with a completed questionnaire referred to in regulation 54 (registration of interest and the issuing of questionnaires);

“ working day ” means any day except a Saturday or Sunday, Christmas Day, Good Friday or a bank holiday under section 1 of the Banking and Financial Dealings Act 1971 .

Section 3 Meaning of “exporting country or territory”

(1) For the purpose of these Regulations, the exporting country or territory of goods means the foreign country or territory from which the goods are exported.

(2) But the TRA may in appropriate circumstances consider the foreign country or territory of origin of the goods as the exporting country or territory where the goods are not exported directly to the United Kingdom from that foreign country or territory.

(3) The circumstances referred to in paragraph (2) include circumstances where—

(a) the goods are merely transhipped through the foreign country or territory from which they are directly exported;

(b) the goods are not produced in the foreign country or territory from which they are directly exported;

(c) there is no comparable price in the foreign country or territory from which the goods are directly exported.

Section 4 Meaning of “ negligible ” in relation to dumped goods

For the purpose of these Regulations, the volume of dumped goods is negligible where the exporting country or territory accounts for less than 3 per cent. of imports of the like goods imported into the United Kingdom, except where the exporting countries or territories individually account for less than 3 per cent. of imports of the like goods imported into the United Kingdom but collectively account for more than 7 per cent. of imports of the like goods into the United Kingdom.

Section 5 Meaning of “ negligible ” in relation to subsidised imports

(1) For the purpose of these Regulations, whether or not the volume of subsidised imports is negligible, in respect of an exporting country or territory that is not a developing country or territory, is determined in accordance with paragraph (2), and in respect of an exporting country or territory that is a developing country or territory, is determined in accordance with paragraph (3).

(2) The volume of subsidised imports is negligible where the exporting country or territory that is not a developing country or territory accounts for less than 3 per cent. of imports of the like goods imported into the United Kingdom, except where the exporting countries or territories individually account for less than 3 per cent. of imports of the like goods imported into the United Kingdom but collectively account for more than 7 per cent. of imports of the like goods imported into the United Kingdom.

(3) The volume of subsidised imports is negligible where the exporting country or territory is a developing country or territory and imports from such a country or territory account for less than 4 per cent. of imports of the like goods imported into the United Kingdom, except where the developing countries or territories individually accounts for less than 4 per cent. of imports of the like goods imported into the United Kingdom, but collectively account for more than 9 per cent. of imports of the like goods imported into the United Kingdom.

Section 6 Purpose of Part 2

(1) This Part applies where the TRA is required to determine whether goods have been or are being dumped into the United Kingdom in accordance with paragraph 1 of Schedule 4 to the Act.

(2) In order to make such a determination the TRA must—

(a) determine the normal value of the goods concerned;

(b) determine the export price of the goods concerned; and

(c) carry out a fair comparison between the normal value and the export price to establish whether the export price is lower than the normal value.

Section 7 Normal value

(1) The TRA must use the comparable price to determine the normal value unless it is not appropriate to use that price.

(2) For the purpose of paragraph 1(2) of Schedule 4 to the Act, it is not appropriate to use the comparable price to determine the normal value of the goods concerned where—

(a) there are no sales of the like goods in the ordinary course of trade in the domestic market of the exporting country or territory;

(b) because, of a particular market situation or the low volume of sales in the domestic market of the exporting country or territory, such sales do not permit a proper comparison between the like goods destined for consumption in the exporting country or territory and the goods concerned; or

(c) the overseas exporter in the exporting country or territory does not sell the like goods on the domestic market of the exporting country or territory.

(3) For the purpose of paragraph (2)(b), the volume of sales of the like goods destined for consumption in the domestic market of the exporting country or territory is sufficient to permit a proper comparison where—

(a) the sales constitute 5 per cent. or more of the volume of sales of the goods concerned exported to the United Kingdom; or

(b) the sales constitute less than 5 per cent. of the volume of sales of the goods concerned exported to the United Kingdom but the TRA considers they are sufficient.

(4) For the purpose of paragraph (2)(b), a “ particular market situation ” includes situations where—

(a) prices are artificially low;

(b) there is significant barter trade;

(c) prices reflect non-commercial factors.

Section 8 Alternative methodologies to determine the normal value

(1) Where there is no comparable price, or it is not appropriate to use the comparable price in accordance with regulation 7(2), the TRA must determine the normal value of the goods—

(a) by determining the costs of production plus a reasonable amount for administrative, selling and general costs and for profits;

(b) by determining the price of the like goods when exported to an appropriate third country or territory provided that price is representative (see regulation 10); or

(c) in accordance with regulation 14 (normal value in respect of imports from particular foreign countries and territories) where that regulation applies.

(2) Where regulation 7(2)(c) applies, the TRA may also calculate the normal value on the basis of the data from other overseas exporters of the goods concerned in the exporting country or territory.

Section 9 The ordinary course of trade

(1) The TRA may consider the sales of the like goods in the exporting country or territory as not being in the ordinary course of trade where—

(a) the goods are sold at prices below the per unit (fixed and variable) costs of production plus administrative, selling and general costs;

(b) the goods are sold between parties that the TRA considers to be associated unless the TRA is satisfied that the relationship has no effect on prices; or

(c) it otherwise considers it appropriate.

(2) For the purpose of paragraph (1)(a), the TRA may only regard such sales as not being in the ordinary course of trade where it considers that the sales are made—

(a) within an extended period of time;

(b) in substantial quantities; and

(c) at prices which do not provide for the recovery of all costs within a reasonable period of time.

(3) For the purpose of paragraph (2), the TRA may consider that prices provide for the recovery of costs within a reasonable period of time, even where they are below per unit costs at the time of sale, provided that they are above weighted average per unit costs for the period of investigation.

(4) For the purpose of this regulation—

(a) “ per unit costs of production ” means the total costs of production determined in accordance with regulation 11 (costs of production) divided by the production volume;

(b) an “extended period of time” is normally one year but it may be as short as six months if the TRA considers that appropriate;

(c) sales below per unit costs are regarded as made in substantial quantities where the TRA establishes that—

(i) the weighted average selling price of the transactions under consideration for the determination of the normal value is below the weighted average per unit costs calculated by reference to the sales volume; or

(ii) the volume of sales below per unit costs represent not less than 20 per cent. of the volume sold in the transactions under consideration for the determination of the normal value;

(d) the “ administrative, selling and general costs ” means an amount calculated in accordance with regulation 12 (the amounts for administrative, selling and general costs and for profits) disregarding an amount for profits; and

(e) parties are “associated” where they meet the definition of “related persons” in the Customs (Import Duty) (EU Exit) Regulations 2018

Section 10 Appropriate third country or territory and representative price

For the purpose of making a determination under regulation 8(1)(b), the TRA may take the following into account—

(a) whether the volume of trade from the exporting country or territory to the third country or territory is similar to the volume of trade from the exporting country or territory to the United Kingdom;

(b) whether the overseas exporter's sales to the third country or territory are in the ordinary course of trade; and

(c) any other factors it considers relevant.

Section 11 Costs of production

(1) The TRA must determine the costs of production of the like goods in the exporting country or territory for the purpose of regulation 8(1)(a) in accordance with this regulation.

(2) Where paragraph (3) applies, costs of production of the like goods in the exporting country or territory must normally be calculated by the TRA on the basis of records kept by the overseas exporter of the goods concerned.

(3) This paragraph applies where the records of the overseas exporter of the goods concerned—

(a) are in accordance with generally accepted accounting principles of the exporting country or territory; and

(b) reasonably reflect the costs associated with the production and sale of the like goods in the exporting country or territory.

(4) In making a determination under this regulation the TRA must—

(a) consider any evidence on the proper allocation of costs provided that such allocations have been historically utilised by the overseas exporter, in particular in relation to establishing appropriate amortisation and depreciation periods and allowances for capital expenditures and other development costs;

(b) adjust costs where appropriate for non-recurring items of cost which benefit future or current production;

(c) adjust costs where they are affected by start-up operations; and

(d) take into account any other factors it considers relevant.

(5) Where the records of the overseas exporter do not meet the criteria in paragraph (3) the costs of production may be calculated by the TRA using any other reasonable basis.

(6) This regulation is subject to the TRA's power to make adjustments in accordance with regulation 13 (adjustments).

Section 12 The amounts for administrative, selling and general costs and for profits

(1) The TRA must determine a reasonable amount for administrative, selling and general costs and for profits for the purpose of regulation 8(1)(a) in accordance with this regulation.

(2) Subject to paragraph (3), the TRA must determine reasonable amounts for the administrative, selling and general costs and for profits on the basis of the actual data pertaining to the production and sales by the overseas exporter of the like goods, in the ordinary course of trade, in the domestic market of the exporting country or territory.

(3) Where the TRA cannot determine reasonable amounts in accordance with paragraph (2), it may determine them on the basis of—

(a) the actual amounts incurred and realised by the overseas exporter in question in respect of production and sales in the domestic market of the exporting country or territory of the same general category of goods;

(b) the weighted average of the amounts incurred and realised by other overseas exporters subject to investigation in respect of production and sales of the like goods in the domestic market of the exporting country or territory; or

(c) any other reasonable method provided that the amount for profit so established does not exceed the profit normally realised by other overseas exporters on sales of goods of the same general category in the domestic market of the exporting country or territory.

(4) This regulation is subject to the TRA's power to make adjustments in accordance with regulation 13 (adjustments).

Section 13 Adjustments

(1) Where paragraph (3) applies, the TRA may for the purpose of paragraph (2), make adjustments to the amounts determined in accordance with regulation 11 (costs of production) or regulation 12 (the amounts for administrative, selling and general costs and for profits).

(2) The purpose of the adjustments made in accordance with this regulation is to calculate what the overseas exporter's costs and profits would be in the market of the exporting country or territory if costs, prices and profits in that market were substantially determined by market forces.

(3) This paragraph applies where the TRA considers that the amounts calculated in accordance with regulation 11 (costs of production) or regulation 12 (the amounts for administrative, selling and general costs and for profits) are unrepresentative because they do not reasonably reflect the overseas exporter's production, administrative, selling or general costs or profits in a market if those costs and profits were substantially determined by market forces.

(4) In making adjustments the TRA may have regard to the following—

(a) corresponding costs of production, administrative, selling, general costs and profits in an appropriate representative third country or territory;

(b) international prices, costs or benchmarks; or

(c) any other factors it considers relevant.

(5) For the purpose of paragraph (4)(a), the TRA may determine whether a third country or territory is an appropriate representative third country or territory taking into account—

(a) whether and to what extent reliable information is made available to the TRA by overseas exporters in that country or territory at the time of selection of that country or territory;

(b) whether the country or territory has a similar level of economic development to the exporting country or territory; and

(c) any other factors it considers relevant.

(6) For the purpose of this regulation, domestic costs, prices and profits are “substantially determined by market forces” where they are substantially determined by free market forces and the costs or prices in the domestic market are not artificially low as a result of factors including substantial government intervention.

Section 14 Normal value in respect of imports from particular foreign countries and territories

(1) This regulation applies in respect of imports from exporting countries or territories—

(a) that are not members of the WTO;

(b) that are members of the WTO but the terms of their membership contain specific provisions regarding the determination of the normal value; or

(c) where there is a complete or substantially complete monopoly of its trade and where all or substantially all domestic prices are fixed by the government.

(2) Where this regulation applies, the TRA may calculate the normal value of the goods concerned—

(a) on the basis of the comparable price;

(b) in accordance with regulation 10 (appropriate third country or territory and representative price) or regulations 11 (costs of production) and 12 (the amounts for administrative, selling and general costs and for profits); or

(c) in accordance with paragraph (3) of this regulation.

(3) The normal value of the goods concerned may be determined—

(a) on the basis of the costs of production of the like goods plus a reasonable amount for administrative, selling and general costs and for profits in an appropriate third country;

(b) on the basis of the price of exports from a third country or territory to other foreign countries or territories provided that price is representative;

(c) where paragraph (1)(b) applies, in accordance with the terms of the membership in that paragraph; or

(d) on any other basis the TRA considers is reasonable including the price actually paid or payable for the goods in the United Kingdom adjusted where necessary to include a reasonable profit margin.

(4) For the purpose of paragraph (3)(a), the TRA may determine whether a third country or territory is an appropriate third country or territory taking into account—

(a) whether and to what extent reliable information is made available to the TRA by overseas exporters in that country or territory at the time of selection;

(b) whether the country or territory has a similar level of economic development to the exporting country or territory; and

(c) any other factors it considers relevant.

Section 15 Export price

(1) Subject to paragraph (3), the export price is the price the goods concerned are sold for, or the agreed price at which they are to be sold, to either—

(a) an importer in the United Kingdom; or

(b) a third party outside of the United Kingdom for export to the United Kingdom (“third party”).

(2) This paragraph applies where there is no export price or the TRA determines that the price is unreliable because of an association or a compensatory arrangement between the overseas exporter and the importer of the goods concerned in the United Kingdom or the overseas exporter and a third party.

(3) Where paragraph (2) applies, the TRA may construct the export price in accordance with paragraph (4).

(4) The TRA may construct the export price on the basis of—

(a) the price at which the goods concerned are first sold to an independent buyer in the United Kingdom; or

(b) where the goods concerned are not resold to an independent buyer in the United Kingdom, or are not resold in the condition as imported, on such other reasonable basis as the TRA determines.

(5) Where the export price of the goods concerned is constructed in accordance with paragraph (4), the TRA may make adjustments—

(a) for actual costs incurred by the importer or exporter of the goods concerned in the United Kingdom; and

(b) for profits that would usually be accrued by an importer of the goods concerned in the United Kingdom that is not an associate of or does not have a compensatory arrangement with the overseas exporter.

(6) The adjustments that the TRA may make in accordance with paragraph (5) include adjustments in relation to—

(a) transport costs;

(b) insurance;

(c) handling, loading and ancillary costs;

(d) import duties;

(e) any taxes payable in the United Kingdom by reason of the importation or resale of the goods in the United Kingdom;

(f) a reasonable margin for profit as determined by the TRA;

(g) selling, general and administrative costs;

(h) any other costs incurred in the importation and resale of the goods.

(7) For the purpose of this regulation—

(a) there is an “association” where the parties meet the definition of “related persons” in the Customs (Import Duty) (EU Exit) Regulations 2018 ;

(b) a person is an “ independent buyer ” in relation to an overseas exporter if there is no association between the buyer and the overseas exporter.

Section 16 Comparison

(1) A comparison for the purpose of regulation 6(2)(c) must be made—

(a) by reference to the same level of trade, normally the ex-factory level, or where that is not possible (because, for example, that information is not available for both the normal value and the export price at that level) such other level as the TRA considers appropriate; and

(b) in respect of sales made at as near as possible the same time.

(2) To ensure the comparison is fair, the TRA may make adjustments for any differences which affect price comparability including differences relating to—

(a) conditions and terms of sale;

(b) taxation;

(c) levels of trade;

(d) quantities;

(e) physical characteristics.

Section 17 Methodologies for comparing the normal value and the export price

(1) The TRA must make the comparison for the purpose of regulation 6(2)(c) by comparing—

(a) the weighted average normal value with the weighted average of prices of all comparable export transactions;

(b) the normal value and export prices on a transaction by transaction basis; or

(c) where paragraph (2) applies, a weighted average normal value to individual export transactions.

(2) This paragraph applies where—

(a) the TRA finds a pattern of export prices which differ significantly among different importers or purchasers in the United Kingdom, parts of the United Kingdom or time periods; and

(b) the TRA is satisfied that these differences cannot be taken into account appropriately by using either of the methodologies in paragraph (1)(a) or (1)(b).

Section 18 Currency conversion

(1) This regulation applies where the TRA is required to make a comparison between the normal value and the export price for the purpose of regulation 6(2)(c).

(2) Subject to paragraphs (3) and (4), where the TRA is required to make a currency conversion in order to carry out the comparison referred to in paragraph (1), it must use the rate of exchange on the date of sale of the goods.

(3) When a sale of foreign currency on forward markets is directly linked to the export sale involved, the TRA must use the applicable rate in the forward sale of the goods.

(4) In conducting a currency conversion, the TRA—

(a) must disregard short-term fluctuations in exchange rates; and

(b) may consider sustained movements in exchange rates during the period of investigation, provided that it allows overseas exporters at least 60 days to adjust their export prices to reflect such movements.

(5) For the purpose of this regulation—

(a) “ the rate of exchange ” means the currency exchange rate that the TRA considers to be most appropriate taking into account, among other things, the material terms of the sale; and

(b) the TRA may treat the “date of sale” for the purpose of paragraph (2) as the date of either the—

(i) invoice;

(ii) contract;

(iii) purchase order; or

(iv) order confirmation,

that establishes the material terms of sale.

Section 19 Purpose of Part 3

(1) The TRA is to determine, in accordance with paragraph 3 of Schedule 4 to the Act and this Part, whether goods that are imported into the United Kingdom are subsidised.

(2) In carrying out that determination, the TRA must determine—

(a) whether a countervailable subsidy within the meaning of paragraph 3 of Schedule 4 to the Act exists in relation to goods; and

(b) the amount of the subsidy that is attributed to those goods.

(3) For the purpose of paragraph (2)(a), the TRA must determine whether—

(a) a subsidy exists in accordance with paragraph 3(3) of Schedule 4 to the Act and for the purpose of regulations 20 (meaning of financial contribution by a foreign authority) and 21 (benefit conferred); and

(b) the subsidy is specific in accordance with regulation 22 (specificity).

Section 20 Meaning of financial contribution by a foreign authority

(1) For the purpose of paragraph 3 of Schedule 4 to the Act, a foreign authority makes a financial contribution where—

(a) the practice of a foreign authority involves a direct or potential direct transfer of funds or liabilities;

(b) subject to paragraph (2), revenue otherwise due to a foreign authority is foregone or is not collected;

(c) a foreign authority provides goods or services other than general infrastructure;

(d) a foreign authority purchases goods; or

(e) a foreign authority makes payments to a funding mechanism or entrusts or directs a private body to undertake one or more of the type of functions in sub-paragraphs (a) to (d), which would normally be vested in the foreign authority, and the practice in no real sense differs from practices normally followed by foreign authorities.

(2) Where revenue due is foregone or not otherwise collected, the TRA may determine that no financial contribution has been made and in doing so the TRA must, in particular, have regard to footnote 1 and Annexes I to III to the Agreement on Subsidies and Countervailing Measures (being part of Annex 1A to the WTO Agreement) .

(3) For the purpose of—

(a) paragraph (1)(a), the direct or potential direct transfer of funds includes grants, loans, equity infusions and loan guarantees;

(b) paragraph (1)(b), revenue otherwise due, which is foregone, includes fiscal incentives such as tax credits.

Section 21 Benefit conferred

(1) The TRA is to determine whether a financial contribution by a foreign authority confers a benefit for the purpose of paragraph 3 of Schedule 4 to the Act in accordance with this regulation.

(2) The TRA must determine whether a person has directly or indirectly had a benefit conferred by a financial contribution or income or price support within the meaning of Article XVI of the General Agreement on Tariffs and Trade 1994 (being part of Annex 1A to the WTO Agreement).

(3) Where a foreign authority provides equity, the TRA may determine that a benefit is conferred where it considers that the investment decision is inconsistent with the usual investment practice, including for the provision of risk capital, of private investors in the foreign country or territory where the financial contribution was granted.

(4) Where a foreign authority grants a loan, the TRA may determine that a benefit is conferred where it considers there is a difference between the amount that the recipient receiving the loan pays on the loan from the foreign authority and the amount that the recipient would pay for a comparable commercial loan which the recipient could actually obtain on the market.

(5) When making a determination under paragraph (4), the TRA may make adjustments for fees payable by the recipient to receive the loan.

(6) Where a foreign authority guarantees a loan, the TRA may determine that a benefit is conferred where it considers there is a difference between the amount that the recipient receiving the guarantee pays on a loan guaranteed by the foreign authority and the amount that the recipient would pay on a comparable commercial loan in the absence of the government guarantee.

(7) When making a determination under paragraph (6), the TRA may make adjustments for fees payable by the recipient to receive the guarantee.

(8) Where a foreign authority makes a financial contribution by way of the provision of goods or services, the TRA may determine that a benefit is conferred where the remuneration for the goods or services is inadequate, as determined by reference to the prevailing market terms and conditions for the goods or service in the foreign country or territory where the financial contribution was made.

(9) Where a foreign authority makes a financial contribution by way of the purchase of goods, the TRA may consider that a benefit is conferred where the remuneration paid by the foreign authority for the goods is more than adequate, as determined by reference to the prevailing market terms and conditions for the goods in the foreign country or territory where the financial contribution was made.

(10) For the purpose of paragraphs (8) and (9), in considering whether remuneration is inadequate or more than adequate the TRA may have regard to price, quality, availability, marketability, transportation and other conditions of purchase or sale.

(11) For the purpose of this regulation, where the TRA considers that the prevailing market terms and conditions for the goods or services in question in the foreign country or territory are not an appropriate benchmark, the TRA may—

(a) adjust the terms and conditions on the basis of actual costs, prices and other factors available in that country or territory, by an appropriate amount which reflects normal market terms and conditions; or

(b) use the terms and conditions prevailing in the market of another foreign country or territory or on the world market, which would be available to the recipients.

Section 22 Specificity

(1) The TRA must determine whether a subsidy is specific for the purpose of paragraph 3 of Schedule 4 to the Act in accordance with this regulation.

(2) In order to determine whether or not a subsidy is specific, the TRA must consider whether—

(a) the subsidy is explicitly—

(i) in terms of access, limited to certain enterprises or industries;

(ii) contingent on export performance;

(iii) contingent on the use of domestic over imported goods;

(iv) limited to a specific geographical region within the jurisdiction of the granting authority; or

(b) the subsidy is in fact applied in a specific manner.

(3) For the purpose of paragraph (2)(b), the circumstances in which a subsidy is in fact applied in a specific manner include—

(a) where it is or has been used or granted disproportionately to certain enterprises or industries or regions;

(b) where there is discretion as to its granting, such discretion has been exercised in favour of specific enterprises or industries or regions.

(4) When determining whether or not a subsidy is specific, in addition to the matters referred to in paragraph (2), the TRA must consider—

(a) whether the foreign authority establishes objective criteria or conditions governing the eligibility for and the amount of the subsidy;

(b) whether the criteria or conditions are clear and verifiable;

(c) whether the terms of the subsidy are strictly adhered to;

(d) whether eligibility for the subsidy is automatic; and

(e) any other factors it considers relevant.

(5) For the purpose of this regulation—

(a) the setting or changing of generally applicable tax rates by all levels of government entitled to do so shall not be deemed to be a specific subsidy;

(b) “ objective criteria or conditions ” means criteria or conditions that are neutral, do not favour certain industries or enterprises over others, and which are economic in nature and horizontal in application, such as the number of employees or size of enterprises;

(c) a subsidy is contingent on export performance where, in law or in fact and whether solely or as one of several conditions, it is tied to actual or anticipated exportation or export earnings, but the mere fact that a subsidy is granted to enterprises which export does not for that reason alone mean the subsidy is contingent on export performance;

(d) a subsidy is contingent on the use of domestic over imported goods where, in law or in fact, and whether solely or as one of several conditions, it is tied to the use of domestic over imported goods.

(6) When determining whether a subsidy is a subsidy that is contingent on export performance the TRA must, in particular, have regard to footnote 1 and Annexes I to III to the Agreement on Subsidies and Countervailing Measures (being part of Annex 1A to the WTO Agreement).

Section 23 Calculation steps

(1) The TRA must calculate the amount of subsidy attributable to goods.

(2) In order to make its calculation the TRA must determine—

(a) the total amount of the countervailable subsidy in accordance with regulation 24 (determination of the amount of benefit conferred);

(b) the amount of the countervailable subsidy that is attributable to the period of investigation in accordance with regulation 25 (determination of the amount of the countervailable subsidy that is attributable to the period of investigation); and

(c) which goods the countervailable subsidy may be allocated to during the period of investigation in accordance with regulation 26 (determination of the goods the subsidy is attributable to during the period of investigation).

(3) The TRA must determine the rate of subsidy attributable to the goods by dividing the countervailable subsidy amount determined in accordance with regulation 25 (determination of the amount of subsidy that is attributed to the period of investigation) by the value of goods determined in accordance with regulation 26 (determination of the goods the subsidy is attributable to during the period of investigation).

(4) The amount of the subsidy must be expressed as an ad valorem rate of the value of the subsidised imports.

(5) Where an overseas exporter benefits, directly or indirectly, from more than one countervailable subsidy during the period of investigation, the TRA must follow the steps in paragraphs (2) to (4) for each of those subsidies.

(6) For the purpose of paragraph 4(4) of Schedule 4 to the Act, the specified period is the period of investigation.

Section 24 Determination of the amount of benefit conferred

(1) The TRA must determine the total amount of benefit conferred by the countervailable subsidy taking into account the type of subsidy and any other factors the TRA considers relevant.

(2) In the circumstances referred to in—

(a) regulation 21(4), the benefit is the difference between the amount paid on the government loan and the amount that would be paid for a comparable commercial loan which the recipient could actually obtain on an open market; or

(b) regulation 21(6), the benefit is the difference between the amount paid on the loan guaranteed by the government and the amount that would be paid on a comparable commercial loan on an open market in the absence of the government guarantee.

(3) The TRA must deduct from the amount of benefit conferred by the countervailable subsidy—

(a) any application fees or other costs necessarily incurred to qualify for or obtain the countervailable subsidy; and

(b) export taxes, duties, or other charges levied on the export of the goods to the United Kingdom intended to offset the countervailable subsidy.

Section 25 Determination of the amount of the countervailable subsidy that is attributable to the period of investigation

(1) Subject to paragraphs (2) to (4), the amount of the countervailable subsidy that is attributable to the period of investigation is the total amount received in the period of investigation.

(2) Where a qualifying countervailable subsidy is not received during the period of investigation, but part of it is attributable to the period of investigation, the part that is attributable to the period of investigation must be included in the subsidy amount.

(3) Where a qualifying countervailable subsidy is received during the period of investigation, but only part of it is attributable to the period of investigation, the part that is attributable to the period of investigation must be included in the subsidy amount.

(4) For the purpose of paragraphs (2) and (3), a “qualifying countervailable subsidy” is one which has a value of at least 1 per cent. of all the sales of the goods to which the countervailable subsidy is attributable.

Section 26 Determination of the goods the subsidy is attributable to during the period of investigation

(1) Subject to paragraphs (2) to (5), the subsidy attributable to the period of investigation must be attributed to all of the sales of goods during the period of investigation.

(2) Where the TRA considers that the countervailable subsidy received is linked to a specific category of goods, then the TRA must attribute the subsidy to those goods.

(3) Where the TRA considers a countervailable subsidy is linked to the export of particular goods, the TRA must attribute the subsidy to all of the exports of those particular goods during the period of investigation.

(4) Where the TRA considers a countervailable subsidy is linked to the sale of particular goods, the TRA must attribute the subsidy to all of those goods sold during the period of investigation.

(5) Where the TRA considers a countervailable subsidy is linked to sales to a particular market, the TRA must attribute the subsidy to all of the goods sold to that market during the period of investigation.

Section 27 Determination of injury and causation in accordance with this Part

(1) This Part applies where the TRA is required to determine whether dumped goods or subsidised imports have caused or are causing injury to UK industry in accordance with paragraph 5 of Schedule 4 to the Act.

(2) Where the TRA has determined that goods have been or are being dumped (in accordance with Part 2) or goods that have been or are being imported into the United Kingdom benefit from a countervailable subsidy (in accordance with Part 3) it must determine whether—

(a) a UK industry has suffered or is suffering injury in accordance with regulation 30 (determination of injury); and

(b) the dumped goods or subsidised imports, as the case may be, have caused or are causing that injury to that UK industry.

Section 28 Meaning of threat of material injury

(1) For the purpose of paragraph 5 of Schedule 4 to the Act, “ threat of material injury ” means injury which, although it has not yet occurred, is clearly foreseen and imminent.

(2) In determining whether there is a threat of material injury, the TRA may consider, among other things—

(a) the extent to which any significant rate of increase in the volume of the importation of the dumped goods or subsidised imports into the United Kingdom indicates a likelihood of substantially increased importation;

(b) whether the overseas exporter has sufficient freely disposable, or an imminent substantial increase in, capacity indicating that there is a likelihood of substantially increased importation of the dumped goods or subsidised imports into the United Kingdom taking into account the availability of other export markets to absorb the additional exports of those goods;

(c) whether the dumped goods or subsidised imports are entering the United Kingdom at prices which will have a significant depressing or suppressing effect on prices of the like goods in the United Kingdom and whether such prices are likely to increase the demand for further imports of the goods concerned;

(d) the inventories of the overseas exporters of the goods concerned; and

(e) in the case of subsidies only, the nature of the subsidy and the trade effects that the TRA determines are likely to arise from that subsidy.

Section 29 Disregarding a producer for the purpose of the definition of a UK industry

(1) This regulation applies where the TRA is considering whether a producer is a “ producer in the United Kingdom of like goods ” (“ UK producer ”) for the purpose of the definition of a “UK industry” in paragraph 6 of Schedule 4 to the Act.

(2) The TRA may determine that a producer is not a UK producer where that producer is—

(a) an importer of the goods concerned;

(b) related to an overseas exporter of the goods concerned in the exporting country or territory; or

(c) related to an importer of the goods concerned in the United Kingdom.

(3) For the purpose of paragraph (2), a producer is “related” to another person (“P”) if—

(a) the producer controls directly or indirectly, or is controlled directly or indirectly by, P; or

(b) the producer and P together control the same third party directly or indirectly or are controlled directly or indirectly by the same third party.

(4) The TRA may only determine that a producer is not a UK producer where the producer is related to P and the TRA considers that the effect of the relationship is such as to cause that producer to behave differently to the other unrelated producers of the like goods in the United Kingdom.

(5) For the purpose of this regulation, one entity is considered to control another entity, directly or indirectly, where it is legally or operationally in a position to exercise restraint or direction over the other.

Section 30 Determination of injury

(1) For the purpose of this Part, the TRA must determine whether a UK industry has suffered or is suffering injury during the injury period.

(2) In order to determine whether a UK industry is suffering or has suffered injury the TRA must consider—

(a) the volume of the dumped goods or subsidised imports during the injury period;

(b) the effect of the dumped goods or subsidised imports on prices of the like goods in the United Kingdom during the injury period;

(c) the consequent impact of the dumped goods or subsidised imports on a UK industry during the injury period; and

(d) any other factors it considers relevant.

(3) The TRA must conduct its examination only by reference to data that relates to the production of the like goods in the United Kingdom which are not exported from the United Kingdom, but where data relating to the like goods cannot be separated from data relating to a wider category of goods, which includes the like goods, the TRA may use the data relating to that wider category of goods.

(4) For the purpose of this Part, the “injury period” is the period of investigation taking account of developments in the three twelve month periods preceding the period of that investigation unless the TRA considers that it is appropriate to use an alternative period, in which case the injury period means that alternative period.

Section 31 The volume of the dumped goods or subsidised imports

In considering the volume of dumped goods or subsidised imports during the injury period for the purpose of regulation 30(2)(a), the TRA must consider whether there has been a significant increase in the dumped goods or subsidised imports in the United Kingdom either in absolute terms or relative to domestic production or consumption.

Section 32 The effect of the dumped goods or subsidised imports on prices

In considering, for the purpose of regulation 30(2)(b), the effect of the dumped goods or subsidised imports on prices of the like goods in the United Kingdom during the injury period the TRA must consider whether—

(a) there has been significant price undercutting by the dumped goods or subsidised imports as compared with the price of the like goods produced in the United Kingdom; or

(b) the dumped goods or subsidised imports have depressed or suppressed domestic prices of the like goods produced in the United Kingdom to a significant degree.

Section 33 The impact of the dumped goods or subsidised imports on a UK industry

In considering, for the purpose of regulation 30(2)(c), the consequent impact of the dumped goods or subsidised imports on a UK industry, the TRA must take into account all relevant economic factors and indices having a bearing on the UK industry including—

(a) actual and potential decline in sales, profits, output, market share, productivity, return on investments or utilisation of capacity;

(b) factors affecting domestic prices of the like goods;

(c) in the case of dumping, the magnitude of the margin of dumping;

(d) actual and potential negative effects on cash flow, inventories, employment, wages, growth, the ability to raise capital or investments.

Section 34 Cumulation

(1) This regulation applies where goods from more than one foreign country or territory are subject to simultaneous dumping or subsidisation investigations by the TRA.

(2) Where this regulation applies, the TRA may cumulatively assess the effects of all the dumped goods or subsidised imports, as the case may be, pursuant to paragraph 5(4) of Schedule 4 to the Act, provided that—

(a) the amount of dumping or subsidisation established in relation to the dumped goods or subsidised imports from each foreign country or territory is more than minimal;

(b) the volume of the dumped goods or subsidised imports imported from each foreign country or territory is not negligible; and

(c) the TRA considers that a cumulative assessment is appropriate in light of the conditions of competition.

(3) For the purpose of paragraph (2)(c), the TRA must consider the conditions of competition between—

(a) the imports of the dumped goods or subsidised imports from different sources; and

(b) the dumped goods or subsidised imports and the like goods in the United Kingdom.

Section 35 Causation and non-attribution

(1) For the purpose of making a determination under regulation 27(2)(b), the TRA must examine whether any known factors other than the dumped goods or subsidised imports (“other known factors”) have caused or are causing injury to a UK industry.

(2) Injury caused by other known factors must not be attributed to the dumped goods or subsidised imports.

(3) For the purpose of paragraph (2), other known factors may include—

(a) the volume and the prices of imports that are not dumped or subsidised into the United Kingdom;

(b) contraction in demand or changes in the pattern of consumption of the like goods in the United Kingdom;

(c) trade restrictive practices of and competition between the overseas exporters and the UK industry;

(d) developments in technology;

(e) the export performance and productivity of the UK industry.

Section 36 Determination of an adequate amount to remove the injury

(1) Pursuant to paragraphs 14(4) and 18(7) of Schedule 4 to the Act, the TRA is to determine the anti-dumping amount or countervailing amount (or in the case of a provisional remedy, estimated anti-dumping amount or estimated countervailing amount) that is adequate to remove the injury caused to a UK industry by dumped goods or subsidised imports in accordance with this regulation (“relevant amount”).

(2) The TRA must determine the relevant amount which it is satisfied is necessary to prevent injury to UK industry based on an assessment of the minimum increase in import prices of the dumped goods or subsidised imports that would remove injury.

(3) Subject to paragraph (4), the TRA must take into account any information it considers relevant in order to calculate the relevant amount.

(4) The TRA must disregard factors other than the importation of the dumped goods or subsidised imports that caused or are causing injury to UK industry when making its determination.

(5) Where the amount determined in accordance with this regulation is less than 2 per cent. of the price of the imports then the TRA must disregard that amount and the amount adequate to remove the injury is zero.

Section 37 Determination of the anti-dumping amount or countervailing amount for non-sampled overseas exporters

(1) For the purpose of this regulation a “non-sampled overseas exporter” is an overseas exporter that—

(a) co-operated with the TRA's investigation; and

(b) was not selected by the TRA to be part of a sample selected in accordance with regulations 56 (the use of sampling in respect of Part 2 of these Regulations) or 57 (the use of sampling in respect of Parts 3, 4 and 5 of these Regulations).

(2) Where the TRA has limited its examination in accordance with regulation 56 (the use of sampling in respect of Part 2 of these Regulations) or 57 (the use of sampling in respect of Parts 3, 4 and 5 of these Regulations) the TRA must determine an anti-dumping amount or a countervailing amount for non-sampled overseas exporters (or in the case of a provisional remedy, estimated anti-dumping amount or estimated countervailing amount) (“a non-sampled overseas exporter amount”).

(3) Subject to paragraph (5), the non-sampled overseas exporter amount is the weighted average of the amounts determined for the overseas exporters in the sample.

(4) When determining the weighted average of the amounts determined for the overseas exporters within the sample, the TRA must disregard amounts determined in respect of overseas exporters who the TRA has determined are non-cooperating in accordance with regulation 49 (non-cooperation).

(5) Where the TRA has calculated an individual anti-dumping amount or countervailing amount in accordance with regulations 56(7) or 57(5) in respect of a particular overseas exporter then the anti-dumping amount or countervailing amount determined for that overseas exporter is the amount calculated by the TRA pursuant to those regulations.

Section 38 Determination of a residual amount

(1) The TRA must determine an anti-dumping amount or a countervailing amount (or in the case of a provisional remedy, estimated anti-dumping amount or estimated countervailing amount) (a “residual amount”) for overseas exporters to which this regulation applies.

(2) This regulation applies to an overseas exporter where—

(a) the TRA has not determined an individual anti-dumping amount or countervailing amount (or in the case of a provisional remedy, estimated anti-dumping amount or estimated countervailing amount) for that overseas exporter; and

(b) the exporter is not a non-sampled overseas exporter within the meaning of regulation 37 (determination of the anti-dumping amount or countervailing amount for non-sampled overseas exporters).

(3) The TRA may determine the residual amount using any reasonable means.

(4) When determining the residual amount pursuant to this regulation the TRA may take account of any information available including—

(a) information contained in the application;

(b) information received from other interested parties during the investigation including other overseas exporters;

(c) published price lists;

(d) official import statistics or customs returns;

(e) relevant data pertaining to the world market or other representative markets.

Section 39 Purpose of Part 6

Pursuant to paragraphs 9, 10, 29 and 31 of Schedule 4 to the Act, the initiation and conduct of investigations are subject to this Part.

Section 40 General provisions

(1) Subject to any contrary provision made in this Part, the TRA may do anything it considers appropriate in connection with the exercise of any of its functions in accordance with these Regulations.

(2) In particular, the TRA may—

(a) consider information supplied to it by any person;

(b) request that any person supply information to it;

(c) set time limits for responses to its requests and vary such time limits;

(d) specify the format or structure of responses to its requests;

(e) accept information supplied to it outside any applicable time limit.

Section 41 Revision of scope of an investigation

(1) This regulation applies after the TRA has published a notice of its determination to initiate an investigation in accordance with paragraph 9(5)(d) or (6)(c) of Schedule 4 to the Act.

(2) Subject to paragraphs (3) and (4), the TRA must not revise the scope of an investigation.

(3) The TRA may revise the scope of a dumping investigation so as to amend—

(a) the description of the goods concerned; or

(b) the period of investigation,

where it has provided interested parties and contributors with reasons for the proposed revision and has given them an opportunity to comment.

(4) The TRA may revise the scope of a subsidisation investigation so as to—

(a) amend the description of the goods concerned;

(b) include alleged subsidies not referred to in the notice of initiation; or

(c) amend the period of investigation,

where it has provided interested parties and contributors with reasons for the proposed revision and has given them an opportunity to comment.

(5) In determining whether to revise the scope of an investigation under paragraph (3) or (4), the TRA must consider—

(a) the likelihood of it having determined to initiate an investigation with the scope as set out in its proposed revision had the information available to it after the initiation of an investigation been set out in the application;

(b) whether the proposed revision may cause any prejudice to the interests of any interested party or contributor; and

(c) whether the proposed revision will prevent the TRA from proceeding with the investigation expeditiously.

(6) Where the TRA has made a determination under this regulation to revise the scope of the investigation, it must publish an amended notice of initiation.

Section 42 Limitation on consolidation

(1) Subject to paragraphs (2) and (3), the TRA may consolidate investigations.

(2) The TRA must not consolidate a dumping investigation with a subsidisation investigation (or vice versa).

(3) The TRA must not consolidate investigations unless it has first provided reasons for the proposed consolidation to interested parties and has provided them with an opportunity to comment.

(4) Where the TRA has made a determination under this regulation to consolidate investigations, it must publish an amended notice of initiation.

Section 43 Deemed service

Any document submitted to the TRA is deemed to have been submitted on the earlier of —

(a) the first working day after the day on which it is received by the TRA; or

(b) the day on which the TRA issues an acknowledgement of receipt.

Section 44 Public file

The TRA must, in respect of every investigation, establish and maintain a file which is open to the public (a “public file”) containing information, other than confidential information, which the TRA considers material to the investigation.

Section 45 Confidential information

(1) Paragraph (3) applies where a person—

(a) supplies information to the TRA in connection with the exercise by the TRA of any of its functions under the Act or these Regulations;

(b) either—

(i) requests the TRA to treat that information as confidential on the grounds that that information is by its nature confidential; or

(ii) supplies that information to the TRA on a confidential basis;

(c) demonstrates to the TRA good cause as to why the TRA must treat such information as confidential; and

(d) submits—

(i) a non-confidential summary (see paragraph (6)(a)) of that information; or

(ii) in exceptional circumstances, a statement of reasons (see paragraph (6)(b)).

(2) For the purpose of paragraph (1)(b)(i), information that is by its nature confidential includes information which, if disclosed, would—

(a) be of significant competitive advantage to a competitor of the person supplying the information; or

(b) have a significant adverse effect on—

(i) the person supplying the information; or

(ii) any person from whom the person supplying the information had acquired it.

(3) Where this paragraph applies, the TRA must treat such information as confidential.

(4) The TRA may treat information as confidential where it is supplied to it otherwise than in accordance with paragraph (1), and, where it does so, it must—

(a) inform the person supplying the information that it intends to treat that information as confidential; and

(b) request that that person submits a non-confidential summary of that information.

(5) The Secretary of State must treat as confidential the information supplied by the TRA under regulation 46(2) which the TRA identifies as information that it is treating as confidential under this regulation.

(6) In this regulation—

(a) a “ non-confidential summary ” in relation to information means a sufficiently detailed summary for the public file referred to in regulation 44 (public file) which would enable a person other than the TRA to have a reasonable understanding of—

(i) the substance of the information to which it relates; and

(ii) its potential relevance to the exercise of any function by the TRA under the Act or these Regulations;

(b) a “ statement of reasons ” means a statement setting out the reasons of a person supplying information to the TRA as to why the TRA should treat that information as confidential and why summarisation of that information in accordance with this regulation is not possible.

Section 46 Permitted disclosure

(1) The TRA or the Secretary of State may disclose information which the TRA or the Secretary of State treats as confidential where such disclosure is—

(a) made with the consent of the person supplying the information;

(b) made for the purpose of court or tribunal proceedings in the United Kingdom relating to the exercise by the TRA or the Secretary of State of any functions under the Act or these Regulations;

(c) made for the purpose of an international dispute relating to the exercise by the TRA or the Secretary of State of any functions under the Act or these Regulations; or

(d) required or permitted by any other enactment or rule of law.

(2) The TRA may disclose to the Secretary of State information that it is treating as confidential for the purpose of the Secretary of State exercising functions under the Act or these Regulations.

(3) Where the TRA or the Secretary of State has a discretion to make a disclosure under paragraph (1)(b), (c) or (d), the TRA or the Secretary of State must consider whether such disclosure is likely to allow, or result in, such information being made available to a competitor of—

(a) the person supplying that information; or

(b) the person to which the information relates.

(4) In paragraph (1)(d), reference to an enactment includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.

Section 47 The use of information and facts available to the TRA from secondary sources

(1) This regulation applies in respect of the exercise by the TRA of functions under the Act or these Regulations.

(2) The TRA must have regard to information supplied to it by an applicant UK industry, an interested party, a contributor or any other person from whom it has requested information, provided that the information—

(a) is verifiable;

(b) has been appropriately submitted such that the TRA may use the information without undue difficulty;

(c) has been supplied to it within any applicable time limit; and

(d) where relevant, has been supplied to it in a form that it has requested.

(3) The TRA must not have regard to oral statements referred to in regulation 61(4) unless—

(a) those statements are reproduced in writing; and

(b) it has made the written reproductions available to interested parties and contributors.

(4) The TRA may disregard information which it treats as confidential (which it would otherwise have had regard to) where the person supplying that information has not supplied a non-confidential summary or a statement of reasons in accordance with regulation 45 (confidential information), unless it is satisfied from appropriate sources that such information is correct.

(5) The TRA may make a determination on the basis of information obtained from secondary sources, including information supplied in an application, provided that it—

(a) does so with special circumspection; and

(b) where practicable, verifies such information from independent sources, including but not limited to published price lists, official import statistics or customs returns and data pertaining to the relevant markets.

Section 48 Acceptance or rejection of information

(1) Where a person has supplied information to the TRA outside any applicable time limit, the TRA may accept such information where it considers that—

(a) doing so would not significantly impede the progress of an investigation; or

(b) it is appropriate to accept that information, having regard to the potential significance of the information on any determination it may make and any explanation provided by that person as to why it should accept that information.

(2) Where the TRA rejects information for any reason, it must publish its reasons for rejection in the statement of essential facts (see regulation 62) or, where such information is rejected after the statement of essential facts has been published, in the final affirmative or final negative determination.

Section 49 Non-cooperation

(1) Where the TRA determines that an interested party has failed to cooperate with an investigation or has otherwise significantly impeded the progress of an investigation (a “non-cooperative party”), it may disregard the information supplied by that party.

(2) For the purpose of paragraph (1), the TRA must not determine that an interested party is a non-cooperative party where it—

(a) determines that that interested party has acted to the best of their ability to cooperate with an investigation; or

(b) has accepted that compliance with any request for information to be supplied in a particular form would be unreasonably burdensome to that party.

Section 50 Application

(1) An application made by an applicant UK industry for the initiation of a dumping investigation must contain as much of the information listed in paragraph 1 of Schedule 1 as is reasonably available to them.

(2) An application made by an applicant UK industry for the initiation of a subsidisation investigation must contain as much of the information listed in paragraph 2 of Schedule 1 as is reasonably available to them.

(3) An application referred to in paragraphs (1) and (2) may contain such additional information as the applicant UK industry considers relevant.

(4) Where an applicant UK industry, by notice in writing to the TRA, withdraws their application prior to the publication of the notice referred to in paragraph 9(5)(d) or (6)(c) of Schedule 4 to the Act, the application is considered not to have been made.