Guidance

Reviews of anti-dumping and countervailing measures

Updated 25 April 2024

Legal framework

Primary legislation in the Taxation (Cross-border Trade) Act 2018 (the Taxation Act)

Part 4 of Schedule 4 Taxation Act covers reviews of anti-dumping and countervailing measures and describes the principles of how these reviews should be conducted

Secondary legislation in The Trade Remedies (Dumping and Subsidisation) (EU Exit) Regulations 2019 (the D&S Regs)

Part 7 of the D&S Regs contains regulations to review existing anti-dumping and countervailing measures including the initiation and conduct of these reviews.

World Trade Organization – relevant agreements

The General Agreement on Tariffs and Trade (GATT) provides guidance on how to conduct trade remedies investigations.

The following agreements provide further information:

• Agreement on the Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 (Anti-Dumping Agreement), particularly Article 11

• Agreement on Subsidies and Countervailing Measures, particularly Article 21 reflects the requirement for member countries to review measures

Types of reviews

Anti-dumping and countervailing measures may be subject to a number of different types of review while they are in operation:

• Interim review
• Expiry review
• New exporter review
• Absorption review
• Circumvention review
• Scope review
• Early review

Conduct of reviews

The conduct of reviews into anti-dumping and countervailing measures follows similar stages as our investigation process when considering new anti-dumping or countervailing measures.

If we decide to initiate a review, we will notify the Secretary of State of our decision. We will then inform the applicant that the application has been accepted (if relevant).

When we initiate, we will publish a notice of initiation online through the Trade Remedies Service. We invite interested parties and contributors to register to the case and provide relevant information through questionnaires or other submissions. We will assess whether information provided by parties and any other material information from secondary sources is verifiable. We will use the information for our assessments and calculations as appropriate.

In some cases, such as interim and expiry reviews, we may also carry out the economic interest test before we make our recommendation to the Secretary of State. More information on the economic interest test and how we make our recommendations is included further below.

Further information on how we conduct investigations can be found in our TRA’s investigation process guidance.

Interim reviews

An interim review investigates whether an existing anti-dumping or countervailing measure should be varied or revoked due to a change of circumstances. For example, you might want to apply for an interim review if you think the measure is not at the right level to offset injury caused by the dumped or subsidised goods or if you think the measure is no longer needed.

Initiation

An interim review can be requested by or on behalf of an interested party or the TRA can self-initiate.

If requested by or on behalf of an interested party, a review can only be initiated after at least one year has passed since the measure was imposed or previously altered.

An application must provide evidence that since the measure was put in place, there has been a change in circumstances which is of a lasting nature, and that one of the following applies:

• the continued imposition of the measure is not necessary to offset the relevant dumping or subsidisation
• the injury would be unlikely to continue or recur if the measure was removed or varied
• the measure is not sufficient to offset the injury caused by the dumped goods or subsidised imports

Analysis

When we carry out an interim review we will consider, among other things:

• whether the circumstances in respect of the dumped goods or subsidised imports have changed significantly
• whether the circumstances in respect of injury to the UK industry, caused by the dumped goods or subsidised imports have changed significantly
• whether the existing measure is necessary or sufficient to offset or prevent the injury whether, and if so to what level, it is appropriate to vary the anti-dumping amount or countervailing amount

We must consider both the current and prospective impact of the measure.

If we determine that the measure is not at the right level and conclude that it should be varied, we will reassess the margin of dumping or the amount of subsidy, and the amount adequate to remove the injury.

Outcome

The possible outcomes of an interim review are:

• the measure is maintained, unchanged
• the measure is changed in its level, form and/or duration
• the measure is revoked

Expiry reviews

An expiry review investigates whether an existing anti-dumping or countervailing measure should be extended (and, if appropriate, the level amended) or whether it should expire.

Initiation

An expiry review can be requested by or on behalf of UK industry or the TRA can self-initiate in special circumstances.

When an anti-dumping or countervailing measure is due to expire, we will inform interested parties and allow enough time for them to apply for an expiry review. Any application must be made at least three months but not more than 12 months before the measure is due to expire.

An application must include sufficient information that allows us to consider whether:

• the dumping or subsidisation of the goods subject to review is likely to continue or recur if the application of the definitive measure were to expire; and
• injury caused by the dumped goods or subsidised imports is likely to continue or recur if the application of the definitive measure were to expire

When we initiate an expiry review, the existing measure will continue to apply to the goods subject to review until we have concluded the review and the Secretary of State has made a decision regarding our recommendation.

Analysis

When we carry out an expiry review, we will consider whether:

• the dumping or subsidisation of the goods subject to review is continuing or likely to recur
• injury to the UK industry in the like goods has been removed or reduced due to the measure being applied
• circumstances of the exporting country or the overseas exporter are such that injury caused by the dumped or subsidised goods is likely to continue or recur if the measure expires

We must consider both the current and prospective impact of the measure.

If we determine that the level of the measure to some or all goods subject to review should be varied, we will reassess the margin of dumping or the amount of subsidy, and the amount adequate to remove injury to UK industry.

Outcome

The possible outcomes of an expiry review are:

• the measure expires
• the measure is extended at the same level by no more than 5 years
• the measure is extended at a different level by no more than 5 years

New exporter reviews

A new exporter review considers whether an anti-dumping or countervailing measure should be varied in the case of a new exporter of the goods subject to review.

Initiation

We may initiate a new exporter review following an application made by or on behalf of a new exporter.

An application must include sufficient information that:

• the applicant is not related to any overseas exporter who is subject to the relevant measure or who exported the goods subject to review to the UK* during the period of investigation on which the measure is based
• the applicant did not export the goods subject to review to the UK* during the period of investigation on which the measure is based

• the applicant is exporting the goods subject to review to the UK or has contractual obligation to export these to the UK in significant quantities

• If the application is made in relation to a transitioned measure, the application must include evidence that the applicant or related overseas exporter did not export the goods to the European Union during the period of investigation on which the measure is based.

If we decide to initiate a new exporter review relating to an anti-dumping measure, the Secretary of State will issue a public notice to suspend the collection of the anti-dumping duty on imports of the review applicant’s goods, pending the outcome of the new exporter review.

Analysis

When we carry out a new exporter review, we will verify and assess evidence to determine whether the applicant meets the above-listed criteria to be determined a new exporter.

We may also request further data from the applicant to calculate an individual duty for the new exporter. We will not do so if following the original investigation, or a subsequent review where duties had been recalculated, a non-sampled cooperating rate was imposed in relation to the goods of non-sampled cooperating exporters.

Outcome

The possible outcomes of a new exporter review are:

• the residual rate will continue to apply to the applicant if they are determined not to be a new exporter, or the residual rate will be reinstated if it was suspended during a review in relation to an anti-dumping measure (the reinstatement may be effective from the date of the initiation of the new exporter review)
• the applicant’s goods will become subject to the non-sampled cooperating rate if they are determined to be a new exporter and sampling was used in the original investigation or a subsequent review
• the applicant’s goods will become subject to an individual rate if they are determined to be a new exporter and sampling was not used in the original investigation or a subsequent review

It may not always be possible to calculate an individual rate even where the applicant was determined to be a new exporter and sampling was not used in the original investigation. We may then recommend that the measure should not be varied.

Circumvention reviews

A circumvention review investigates whether a company’s activity is being undertaken to avoid an anti-dumping or countervailing measure.

Initiation

A circumvention review can be requested by or on behalf of an interested party or the TRA can self-initiate.

An application must include sufficient evidence of the matters alleged to constitute circumvention including a detailed description of how this is happening, who is involved and the effect on the original measure.

Circumvention exists where:

• there has been a change in the pattern of trade either between a third country not subject to the measure under review and the UK, or between individual companies in the exporting country subject to the measure and the UK, and
• the change in the pattern of trade results in practice, processes or work which have insufficient economic justification other than the avoidance of the measure
• there is injury to UK industry, or the ability of the duty to remedy the unfair trading practice is being undermined in respect of the volume and price of the imported goods, and
• either there is dumping of the goods subject to review or the countervailable subsidy still confers a benefit on the goods subject to review

Analysis

In order to determine whether circumvention exists, we may consider, among other things:

• the nature of the relationship between persons in the export chain;
• the timing of the change in the pattern of trade; and
• the nature of the change in the pattern of trade.

Outcome

The possible outcomes of a circumvention review are:

• the duty is maintained, unchanged
• the duty is varied

If we recommend that the duty should be varied, the variation can be applied to:

• some or all of the goods subject to the review
• goods from a third country
• certain exporters where a reorganisation of exporting patterns and channels of sales means a varied anti-dumping or countervailing amount should apply to them

Absorption reviews

An absorption review investigates whether an anti-dumping measure applied to the goods subject to review has been absorbed because the export prices of these goods have decreased or the resale prices of these goods have not increased enough for an anti-dumping measure to have its intended effect.

Initiation

An absorption review can be requested by or on behalf of an interested party or the TRA can self-initiate.

An application must include sufficient evidence that:

• export prices of the goods subject to review have decreased after the period of investigation on which the anti-dumping measure is based, or
• resale prices of the goods subject to review have not increased sufficiently since the measure was imposed

Analysis

When we carry out an absorption review, we will consider:

• export, resale and subsequent selling prices of the goods subject to review
• whether the anti-dumping duty has led to movements in resale prices and subsequent selling prices
• any other factors which may have had an impact on prices

Outcome

The possible outcomes of an absorption review are:

• the duty is maintained, unchanged; or
• the duty is varied

If we recommend that the duty should be varied, the variation can be applied to some or all of the goods subject to the review.

Scope reviews

A scope review investigates whether the goods or the description of the goods subject to an anti-dumping or countervailing measure should be varied. This is to ensure that the right goods are covered. Certain additional goods may need to be covered by the measure or goods may need to be removed from the description of the goods to which the measure applies.

Initiation

A scope review can be requested by or on behalf of an interested party or the TRA can self-initiate.

If requested by or on behalf of an interested party, a review can only be initiated after at least one year has passed since the measure was imposed or previously altered.

An application must include sufficient evidence that allows us to assess whether:

• the goods or their description should be varied
• the nature of the variation does not justify a new dumping or subsidy investigation

In order to determine whether it is appropriate to initiate a scope review, we must consider:

• whether we would have included the goods subject to the application in the scope of the original investigation if the relevant information had been available at that time
• the relationship between the goods subject to the application and the like goods in the domestic market in the UK (e.g. whether they are interchangeable)
• the estimated impact any change in scope would have on the intended effects of the measure
• whether the change in scope could cause any prejudice to the interests of any interested party or contributor
• whether the issues raised in the application could be resolved by applying customs rules to the goods instead *any other factors we consider relevant

Analysis

When we carry out a scope review, we will generally consider differences and similarities between the goods subject to the application, the goods subject to the anti-dumping and countervailing measure and the like goods in the domestic market in the UK, based on the following non-exhaustive criteria:

• chemical and technical characteristics
• production processes
• typical end-uses
• interchangeability

When we decide whether goods in the application should be included in the scope of the measure, we will take into account whether those goods were considered when we were calculating dumping, subsidy or injury margins in the original investigation or in a previous review.

When we are determining whether goods should be excluded, we will consider:

• whether the domestic industry produces and sells goods which are like the goods subject to the application
• whether measures on the proposed scope could be applied in practice in terms of customs and tariffs

Outcome

The possible outcomes of a scope review are:

• the description of goods to which the measure applies is maintained,
• the description of goods to which the measure applies is amended

Early review

During an early review we assess whether the application or suspension of an anti-dumping or countervailing measure should be varied or revoked.

Initiation

An early review may be requested by the Secretary of State within 60 days of the application, variation, extension or suspension of a definitive anti-dumping or countervailing measure if they consider that there is new information that we did not take into account in the relevant investigation or review, we made an error in our recommendation, or there are exceptional circumstances. Such request cannot be made following a decision in an early review.

Before making such request, the Secretary of State must consult the TRA.

Analysis

In conducting an early review of a definitive anti-dumping or countervailing measure, we must have regard to any particular considerations which the Secretary of State may have specified in the request.

The specific analysis will vary in accordance with the ground for the request of the review.

Outcome

The possible outcomes of an early review are:

• the measure is maintained.
• the measure is varied.
• the measure is revoked.

Making a recommendation

Before making a recommendation to the Secretary of State we may also consider the following:

• Economic interest test: If we recommend extending a measure following an expiry review or an interim review, we will assess whether the measure is in the UK’s economic interest and advise the Secretary of State accordingly. Further information on how we conduct the economic interest test can be found in our economic interest test guidance.
• Alternative options: If we recommend extending a measure following an expiry review, or maintaining or varying a measure following an interim review, we may consider whether alternative options can be recommended. We will assess alternative options when:
• a measure is deemed to not meet the economic interest. We will then consider whether an alternative option does meet the economic interest.
• we otherwise consider that it is appropriate. For example, we may consider alternative options if the market conditions suggest that a different form of measure would be more appropriate, or if interested parties make a case that an alternative measure would be better.

Once we have concluded whether the application of the measures should be maintained, varied or revoked (as relevant to the review type), we will generally record our findings in a report, our Statement of Essential Facts. Interested parties and contributors are invited to provide comments which we will consider before making our Final Recommendation to the Secretary of State. Where our analysis, conclusions and Final Recommendation relies only on information provided in a review application or on confidential data provided by the review applicant, we may not publish a Statement of Essential Facts.

The Secretary of State may accept or reject our recommendation. They may also ask us to reassess our recommendation if they consider that there is relevant information that we did not take into account or in exceptional circumstances if appropriate. We may then make a revised recommendation. If there is insufficient time for us to conduct a reassessment and submit a reassessed final recommendation within applicable WTO time limits of the relevant review, the Secretary of State may give effect to our original recommendation but ask us to initiate an early review.

The Secretary of State may also take a different decision if they consider that an alternative measure is in the public interest. In doing so, they may ask us to provide further advice, information or other support to allow them to make their decision.

Further information on how we conduct investigations can be found in our TRA’s investigation process guidance.

Termination of reviews

The applicant may request us to terminate a review. If we consider this appropriate, we will notify the Secretary of State.

We will publish a notice to explain why the review has been terminated and notify the Secretary of State and interested parties accordingly. 

If a termination request made by the applicant has been rejected, we will publish a notice which gives the reasons for doing so and we will notify interested parties and contributors.