Answer ... A trade remedy investigation typically involves the following steps.
Initiation of investigation: The TRA may initiate an investigation when a UK industry applies to do so or, in exceptional circumstances, at the request of the secretary of state. For the industry to request the initiation of an investigation, the applicant should set out the grounds for such request and the trade remedy to be imposed. An investigation will be initiated only where the application contains sufficient evidence. The TRA takes approximately 30 to 40 days to assess the application and to notify the applicant of whether it will initiate an investigation.
TRA investigation: Depending on each specific case, the TRA’s investigation may normally run for:
- 11 to 13 months for dumping and subsidisation investigations; and
- eight to 10 months for safeguard investigations.
Once the investigation is initiated, interested parties and contributors will have the chance to contact the TRA over a set period (‘registration period’). In order to contribute, the parties should register online through the Trade Remedies Service. During this period, the TRA may request information from a broad range of stakeholders, including:
- foreign governments;
- exporters or importers of the goods concerned;
- UK producers of like goods; and
- trade or business associations representing one or many of these parties.
The TRA may conduct hearings at any time during an investigation upon the request of interested parties or on its own initiative. The TRA will also conduct an economic interest test to determine whether the trade remedy proposed would be in the United Kingdom’s wider economic interests.
Determination: The TRA may make a provisional affirmative determination and recommendation for a provisional remedy to the secretary of state before the final determination and based on evidence of dumping/subsidy and injury to the UK industry. A recommendation for a provisional remedy will be made only if:
- such measure is necessary to prevent injury being caused during the investigation to a UK industry in the relevant goods; and
- the economic interest test has been met.
A statement of essential facts will be sent to parties before the issuance of the final determination. The statement of essential facts sets out the reasoning on how the TRA reached its decision; interested parties will have the opportunity to provide comments and submissions. The TRA will then publish a final determination setting out its recommendation of measures.
Appeals and challenges: Parties that disagree with a decision of the TRA may have the opportunity to apply for a decision to be reconsidered via the Trade Remedies Service. Applications to reconsider must be received within one month and one day of the decision being published or (if this is a later date) coming into effect. Appeals can also be brought to the Tax and Chancery Chamber of the UK Upper Tribunal under two circumstances:
- following the rejection of a request to reconsider a TRA decision under the reconsideration process; or
- to appeal a trade remedies decision made by the secretary of state for international trade.
In most cases, an interested party involved in the original investigation can appeal.
The overall investigative process is a lengthy one. Anti-dumping and anti-subsidy-related investigations are expected to take up to 11 months (but in no case more than 13 months) after the initiation of an investigation. Safeguard investigations are expected to take between eight and 10 months, depending on the investigation.