Guidance

Suspension of trade remedies

Updated 25 April 2024

Legal framework

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

Paragraph 26 of Part 6 of Schedule 4 to the Taxation Act provides the basis for regulations about the suspension of anti-dumping or countervailing remedies.

Paragraph 24 of Part 5 of Schedule 5 to the Taxation Act provides the basis for regulations about the suspension of safeguarding measures.

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

Part 9 of the D&S Regs describes the procedure by which an anti-dumping or a countervailing remedy should be suspended. Specific provisions include what an application should contain, requirements for making a recommendation and the procedure for the Secretary of State then to accept that recommendation or not.

Secondary legislation in The Trade Remedies (Increase in Imports Causing Serious Injury to UK Producers) (EU Exit) Regulations 2019 (the Safeguarding Regs)

Part 7 of the Safeguarding Regs describes the procedure by which a safeguarding measure should be suspended. Specific provisions include what an application should contain, requirements for making a recommendation and the procedure for the Secretary of State then to accept that recommendation or not.

Introduction to suspensions

A suspension is the temporary halting of the application of a trade remedy measure. Whether or not as a consequence of considering an application by or on behalf of an interested party, we may recommend suspending anti-dumping, countervailing or safeguarding remedies on certain goods for a specified period. Recommendations to suspend a measure are made on the grounds that:

• market conditions have temporarily changed,
• as a consequence the injury (or serious injury if the suspension relates to a safeguard measure) would be unlikely to recur as a result of suspending the measure, and
• we consider it appropriate to do so.

Before making a recommendation, we must give UK producers the opportunity to comment on the proposed suspension and these comments must be taken into account.

If we recommend suspending a measure and the Secretary of State accepts our recommendation, they will issue a notice setting out a description of the goods concerned, our recommendation and the reasons for it, and the length of time for which the measure will be suspended. We will recommend a period of suspension of up to nine months. Following an application by an interested party (or where we consider that it is appropriate), we may recommend extending the period of suspension to a maximum of 21 months.

Initiation

A suspension can be requested by or on behalf of an interested party.

To apply for a suspension, you will need to register on our Trade Remedies Service and complete the appropriate application form.

An application must provide evidence:

• that since the measure was put in place, there has been a change in market conditions

• that the change is temporary
• about the effect this change in market conditions is having on UK producers.

When applying, make sure you:

• answer all questions in the application form;
• supply a non-confidential version of your application form (For further information on how to provide non-confidential versions, consult our investigation process guidance on providing confidential information and non-confidential summaries)
• sign the completed application as described on the form.

When providing supporting data, the sources you select may affect how reliable we consider your evidence to be. We may consider your information to be more dependable if:

• it is from reputable sources (such as commissioned expert submissions);
• your claims are supported by reputable secondary source data (such as well-regarded trade journals or published industry information).

Our Pre-Application Office (PAO) can advise you on how to make an application for a suspension, as well as providing responses to ad hoc queries. For more information on this, please see our Pre-Application Office guidance or contact the PAO on contact@traderemedies.gov.uk.

Further information on how to make an application and our application assessment process can be found in our guidance on how to make an application for a trade remedies investigation.

If we receive an application, we will notify the Secretary of State of the application before the end of the second working day after receiving the application.

If we decide to initiate a review to assess whether a suspension is appropriate or to reject an application, we will notify the Secretary of State of our decision. We will then inform the applicant.

When we initiate, we will publish a notice of initiation online through the Trade Remedies Service. This will serve as a public file.

We will also notify the Secretary of State and interested parties, including the governments of the relevant foreign countries or territories that a review has been initiated.

UK producers will be provided with the opportunity to comment on the suspension proposed.

Analysis

During our review, we will assess whether information and comments provided by interested parties and contributors registered to the case and any other material information from secondary sources is verifiable.

We will use the information and comments to determine whether market conditions have temporarily changed. If the application relates to an anti-dumping or a countervailing measure, we will conclude whether as a consequence of the change in market conditions, injury would be likely to recur if the measure were suspended. If the suspension application is about a safeguarding measure, we will assess whether serious injury would be likely to recur.

We will then decide whether we are satisfied that a suspension is appropriate and whether to recommend a suspension to the Secretary of State. If we make a recommendation to suspend a measure, we will also specify a time period for the suspension. If we decide that it is not appropriate to make a suspension recommendation, we will publish a notice of the reasons for our decision and notify the Secretary of State and interested parties.

Outcome

The possible outcomes of a suspension review are that:

• the remedy is suspended for up to 9 months; or
• the remedy is not suspended

The Secretary of State may accept our recommendation, or reject it if they decide that it is not in the public interest to accept it. The Secretary of State may also vary the recommended period of suspension, provided they consider it is in the public interest to do so. The Secretary of State may ask us to provide further advice, information or other support to allow them to make their decision. They may also request that we reassess our recommendation where they consider that there is relevant information that we did not take into account, there is an error in our recommendation or if exceptional circumstances make the request appropriate. We may then make a revised recommendation. For more information on reassessment, please see our investigation process reassessment guidance.

Subsequently, if we determine that the grounds on which a measure was suspended no longer exist, we may make a recommendation to the Secretary of State to reinstate the measure.