Guidance

Trade remedies: investigating dumped or subsidised goods

Guidance on how the Trade Remedies Investigations Directorate (TRID) will investigate suspected dumping or subsidised imports, or an unforeseen surge in imports.

Trade remedies

Trade remedies help protect UK businesses against unfair trading practices and unforeseen surges in imports. These usually take the form of additional duties on those imports.

The Trade Remedies Investigations Directorate (TRID) will investigate if new anti-dumping or anti-subsidy measures are needed to counteract unfair trading practices. TRID will also investigate if safeguard measures are needed to counteract unforeseen surges in imports which risk damaging UK businesses.

TRID will carry out a transition review of each trade remedy measure active under the EU system that the UK has decided to keep after EU Exit.

You will be able to create an account and register your interest in trade remedy investigations after 29 March 2019. For immediate queries, please email contact@traderemedies.gov.uk.

Trade remedies investigations

UK businesses can contact TRID via contact@traderemedies.gov.uk if they:

  • suspect a company of exporting their goods for less than the normal cost of goods in the domestic market (known as dumping)
  • think a government or public body is unfairly subsidising the exports of specific firms or industries
  • want a temporary tariff (known as a safeguard measure) to be applied because of an unforeseen surge in imports

TRID will check if:

  • dumping or subsidisation is taking place
  • there has been an unforeseen surge in imports
  • UK producers are being, or may be, harmed by the dumping, subsidisation or surge in imports
  • putting measures in place is in the UK’s economic interest

To help decide the correct measures, TRID will investigate the amount of dumping, subsidisation or surge in imports and the impact on UK producers.

What counts as dumping?

Dumping is when an exporting company sells their product to the UK at a price lower than its normal value. The normal value is the price that the product is sold at on the domestic market under regular conditions.

A ‘like product’ is either a product that’s identical to the dumped product or, if no identical products exist, one with aspects that closely resemble the dumped product.

If a business selling its products on the UK market thinks a ‘like product’ is being dumped and causing an industry harm, they can contact TRID via contact@traderemedies.gov.uk to ask for an anti-dumping investigation.

An emerging UK industry selling its products on the UK market can also ask for an investigation if it cannot grow or establish itself because of the dumping.

What counts as a subsidy?

A subsidy is assistance provided by a foreign government or public body that:

  • must be financial in nature
  • must grant a benefit
  • must be specific to an enterprise, industry, or a group of enterprises or industries

If these 3 criteria have been met, it’s possible to apply an anti-subsidy remedy (also known as a countervailing measure) to restore fair competition, if:

  • there is a subsidy
  • the imports are having a negative effect on the UK industry
  • it’s in the UK’s economic interest to impose a measure

What is a safeguard measure?

A safeguard measure is an additional duty that can be applied when a UK industry is negatively affected by an unforeseen, sharp and sudden increase of imports.

Safeguard measures do not focus on whether trade is fair.

If a safeguard measure is imposed, it will apply to imports from everywhere into the UK.

Transition reviews

The EU currently has over 100 trade remedies in place which apply measures to protect EU businesses from unfair trading practices, such as dumped or subsidised imports.

To provide certainty and continuity to UK businesses, the government wants to continue the existing trade remedy measures that matter to the UK, and asked UK businesses for evidence on which EU measures should be kept after EU Exit. You can read the published findings of this consultation.

Transitional reviews after EU Exit

Once the UK has left the EU (following any time-limited implementation period), UK businesses will no longer be able to ask the European Commission to investigate claims of dumping or subsidy. From this time, trade remedy measures active under the EU system that the UK has decided to keep will be applied at the UK border. The additional duty will be collected by HMRC.

TRID will carry out a transitional review on each of the measures kept by the UK. TRID will make sure that the measures put in place following a transitional review meet the needs of the UK economy and the World Trade Organization (WTO) requirements on trade remedies.

The review will check if:

  • dumping or subsidisation would continue or happen again if the measure was removed
  • harm to UK producers would continue or happen again if the measure was removed
  • the level and form of the measure is appropriate
  • the measure is in the UK’s economic interest

The UK duty level will be set the same as the existing EU measure until the review is complete.

Possible outcomes of a transitional review 

TRID can recommend that a transitional measure is kept for up to 5 years if it meets any of the review criteria listed above.

TRID will make a recommendation to the Secretary of State for International Trade if the level of the measure needs to be increased or decreased.

TRID will recommend to the Secretary of State that the measure be removed if it decides that:

  • the measure is not necessary to offset dumping or the import of subsidised goods
  • there would be no injury to UK industry if it no longer applied

TRID will also recommend removing the measure if continuing it isn’t in the UK’s economic interest.

The Secretary of State will decide whether to keep or remove the measure, based on the advice of TRID and the public interest. If the Secretary of State disagrees with TRID’s recommendation, they must make a statement to Parliament explaining their reasons for keeping the measure.

Stages of a transitional review

Once TRID starts the transitional review, the process follows the standard trade remedies investigations process from stage 2: notice of initiation.

Requests for other types of reviews on transitional measures

Interested parties can apply for interim reviews or expiry reviews. TRID may reject these applications if the relevant points will be addressed in the transitional review.

Requests for new exporter reviews, absorption reviews, circumvention reviews or scope reviews will be considered by TRID on a case-by-case basis.

Implementing trade remedies measures

Anti-dumping measures

TRID can recommend that the Secretary of State for International Trade imposes an anti-dumping measure on a business or industry found to be dumping. When implemented, an additional duty will be applied on top of normal customs duties. For example, this duty can be a:

  • minimum price duty
  • fixed or variable amount
  • percentage of the product value (also known as ad-valorem)

A provisional measure can be imposed for up to 6 months. A substantive measure can be imposed for as long as is needed to counteract the dumping, up to 5 years.

When anti-dumping measures will be imposed

TRID will recommend that the Secretary of State imposes anti-dumping measures if an investigation decides that:

  • dumping is causing or threatening to cause material injury to a UK domestic industry producing a like product
  • it’s in the UK’s economic interest to impose anti-dumping duties

Causing material injury

When deciding if a UK industry has suffered or is suffering injury, TRID will consider the volume of the imports and the effect on prices of like goods, including if the dumped goods are:

  • undercutting prices
  • reducing prices (known as price depression)
  • stopping prices from rising (known as price suppression)

For an anti-dumping measure to be imposed, the volume of dumping by an individual country needs to be 3% or more of the total UK imports of the like product. If it’s not, measures will only be imposed if multiple countries are dumping to a combined volume of more than 7% of the total UK imports of the like product.

Threat of material injury

An anti-dumping measure can also be imposed if there’s an imminent threat from:

  • more of the dumped product entering the UK
  • the manufacturer of the dumped product significantly increasing their production capacity
  • the manufacturer having plentiful stocks of the dumped product
  • the dumped product price looking likely to push down UK like product prices

Duty amounts

The anti-dumping duty will not be higher than the dumping margin or the injury margin. It will be set at whichever is the lower value.

The dumping margin is the amount necessary to prevent injury to UK industry. This is the difference between the price charged by the exporter in the UK and in their home market, expressed as a percentage of the UK price.

The injury margin is the difference between the price charged by the exporter in the UK and the price that could be charged by the UK industry if there wasn’t dumping or subsidy, expressed as a percentage of the UK price.

If the dumping margin is less than 2%, it’s too low to justify an anti-dumping duty.

Anti-subsidy (countervailing) measures

TRID can recommend that the Secretary of State for International Trade imposes an anti-subsidy (countervailing) measure if they find that an imported product is being subsidised by a foreign government – and that the relevant subsidy can be counteracted and attributed to goods. It makes businesses or an industry pay an additional duty on top of normal customs duties.

The anti-subsidy duty will not be higher than the amount of the subsidy or the injury margin. It will be set at whichever is the lower value.

A provisional measure can be imposed for up to 4 months. A substantive measure can be imposed for as long as is needed to counteract the dumping, up to 5 years.

When anti-subsidy measures will be imposed

TRID will propose anti-subsidy measures if an investigation decides that:

  • the subsidy is causing or threatening to cause material injury to a UK domestic industry producing a like product
  • it’s in the UK’s economic interest to impose anti-subsidy duties

The subsidy amount will need to be more than 1% (or 2% for developing countries). This is worked out by dividing the value of the subsidy by the value of the subsidised product, expressed as a percentage.

For an anti-subsidy measure to be applied, the subsidy must be:

  • a financial contribution or a form of income or price support
  • on behalf of a government or public body
  • a positive benefit
  • specific to certain industries or businesses

Causing material injury

When deciding if a UK industry has suffered or is suffering injury, TRID will consider the volume of the imports and the effect on prices of like goods, including if the subsidised goods are:

  • undercutting prices
  • reducing prices (known as price depression)
  • stopping prices from rising (known as price suppression)

For an anti-subsidy measure to be imposed, the volume of subsidised imports from an individual country needs to be 3% or more of the total UK imports of the like product (4% for developing countries). If it’s not, measures will only be imposed if subsidised imports from multiple countries account for a combined volume of 7% or more of the total UK imports of the like product, or 9% for developing countries.

Threat of material injury

TRID can impose an anti-subsidy measure if there’s an imminent threat from:

  • more of the subsidised product entering the UK
  • the manufacturer of the subsidised product significantly increasing their production capacity
  • the manufacturer having plentiful stocks of the subsidised product
  • the subsidised product price looking likely to push down UK like product prices

Specific to certain industries or businesses

A subsidy is specific when a government or public body only grants the subsidy to particular industries or businesses, or to industries and businesses within a certain region.

A subsidy can also be specific where:

  • only particular industries or businesses make use of a generally available subsidy
  • particular industries or businesses are the majority users of a generally available subsidy
  • unjustly large subsidies have been given to particular industries, businesses or regions
  • a decision to grant a subsidy has been made in favour of particular industries, businesses or regions
  • the financial contribution has been tailored to the needs of particular industries or businesses

Safeguard measures

Safeguard measures can protect an industry from an unforeseen surge in imports. They’re applied for the time needed to prevent serious injury and to allow the domestic industry to adjust. TRID can recommend safeguard measures in the form of tariff increases or tariff rate quotas.

Unlike anti-dumping and anti-subsidy measures, safeguards do not target a particular country; they apply to all countries outside the UK. Safeguards might not be applied to developing countries if they meet certain conditions.

The maximum length of a safeguard measure is 4 years. It can be extended if a TRID review finds that the measure is needed and domestic producers are adjusting.

If the expected length of a measure is more than 3 years, a mid-term review will be conducted by TRID to determine whether restrictions should be removed.

If the measure will last for longer than 1 year, the duty applied to the goods becomes steadily smaller as the period progresses.

Registering your interest in an investigation

If you’ve seen a public notice and believe you’re affected by a TRID investigation, you should register your interest.

Once registered with TRID, you may:

  • have the chance to submit evidence and have your views heard
  • get updates on important developments in the investigation
  • be able to comment on TRID’s findings before they make a final decision
  • have the right to appeal the final decision

You should register by the deadline stated in the online notice of initiation for the investigation you’re interested in. You can register after this deadline, but TRID cannot guarantee that your views will be fully considered. You might also miss the chance to be in the sample of companies sent a questionnaire asking for evidence.

Depending on your circumstances, when you register your interest you’ll be asked to fill out one or more of the following documents.

Registration form

Fill this in to register your interest in a case. This and all other forms you submit during registration will be handled confidentially by TRID. They will not be published on the public record.

Pre-sampling questionnaire

If there are too many interested parties to consider individually, TRID will send questionnaires to a sample of companies to gather evidence for and against a trade remedy. If you want to be included in the sample, fill out the pre-sampling questionnaire.

Letter of authorisation

TRID will only accept evidence from a legal representative of an interested party if it receives this letter.

The UK trade remedies investigation process has been designed to make it easier than the EU process to participate without legal representation. However, investigations can be complex and time consuming, so you can choose to be represented by a third party, for example a lawyer or a consultant.

How to prove you’re authorised to represent a client

As a representative, you need to create a TRID account and register your interest in the relevant case on behalf of your client.

You’ll be asked to complete a letter of authorisation, have it signed by your client and upload it together with the registration documents.

TRID will then check the registration documents and the proof of authorisation before giving you access to the case on behalf of your client.

Categories of interested parties

When you register, TRID will categorise you as one of these groups of interested parties:

  • an overseas exporter of the goods concerned
  • an importer of the goods concerned
  • a producer of the goods concerned
  • a trade or business association of producers, exporters or importers of the goods concerned
  • a trade or business association of UK producers of the goods concerned
  • the government of the relevant country or territory

If you do not fall into any of these categories, TRID will categorise you as a contributor. You will still be able to submit evidence, but you will not have the right to appeal a decision or ask for a review of the measure.

Questionnaires and evidence types

TRID will send all contributors (and interested parties who said they’d like one) questionnaires asking for evidence – unless they’re only sending questionnaires to a sample of parties.

If you’re an importer, exporter or producer and would like to receive a questionnaire, fill out the registration documents and the pre-sampling questionnaire when registering your interest in a case.

In addition to questionnaires, you can submit more general comments, or raise specific issues not included in the questionnaire.

Submitting confidential and non-confidential information

During trade remedies investigations, TRID gathers a range of business information, some of which will be confidential.

All parties should have the opportunity to understand the evidence being considered and defend their own interests. TRID needs to maintain confidentiality whilst ensuring the process is fair and transparent.

Therefore, if you’re submitting confidential documents you must accompany them with non-confidential versions. TRID makes these non-confidential versions publicly available.

You must submit the non-confidential version of a file at the same time – and to the same deadline – as the original confidential document. You’ll need to submit all documents and their non-confidential versions online. If you’re unable to supply the required information, you will need to provide reasons why.

If you don’t provide an appropriate version, the document may be disregarded.

Types of confidential information

Confidential information can include anything which:

  • would give a significant advantage to a competitor
  • would have a negative effect on the person supplying the information (or their source)
  • the interested party has provided on a confidential basis
  • is covered by data protection rules

Examples include:

  • details about the production process
  • price levels and policies
  • cost of production
  • customer lists
  • information obtained from another individual who does not want their identity to become public

TRID will contact the interested party or contributor if they think they’ve incorrectly identified something as confidential.

How to create non-confidential versions of documents

To create the non-confidential version of a document:

  1. identify the sections that contain confidential information
  2. redact – or black out – those sections
  3. summarise the content of the redacted section

Any summary should contain enough detail for a reasonable understanding of the confidential information. If no summary is provided, TRID may need to disregard the information submitted.

If TRID believes that too much information has been redacted, it may request an amendment to the non-confidential version.

In exceptional circumstances, it may not be possible to summarise confidential information. If this happens, you must provide a statement describing why you have not done so.

For example:

‘Following negotiations in which the price of imports were cited ███████ lowered its prices to ███, ███, and ███. [Company names and price information: no summary of company names and pricing can be provided without risking revealing customers’ identities].’

Summarising numerical data

There are two methods that you can use:

Indexing

This allows you to set a baseline figure for an initial number and show relative increases or decreases in figures over a period of time.

Example of confidential information:

Year 1 Year 2 Year 3
£20.00 £30.00 £40.00

This would be represented in the following non-confidential summary as follows:

Year 1 Year 2 Year 3
100 150 200
Ranges

Numerical data can be summarised to make it non-confidential by using ranged values. This means providing a figure that can be 15% greater or less than the confidential figure.

Example of a confidential figure:

‘The sales price is £215 per tonne.’

Non-confidential summary:

‘The sales price is [£200 – £240] per tonne.’

Sometimes it will not be possible to use indexing or ranges. In those cases, you should redact with an accompanying explanation.

For example:

‘Management accounts (for example, income statements) can be extracted for individual operating segments, global business units, value centres. Accounts can be further split by legal entity (for example, Company X) and sales region. ████████ ███████████████ ████████ ██████████ ██████ ██████████ ████████ ██████ ████ ███████ ███████ ███████ ██████ ██████████ [explanation of cost allocation through the divisions of Company X].’

Summarising charts

It may be sufficient to remove the number on the Y axis of charts to make the data non-confidential.

Confidential chart
Example confidential chart for trade remedies investigations
Non-confidential chart
Example non-confidential chart for trade remedies investigations

Stages of a trade remedies investigation

Trade remedies investigation timeline

The stages of an investigation will vary from case to case. In general, it will follow this order, with stages 5 to 8 most likely to vary:

1. Application

Contact TRID via contact@traderemedies.gov.uk to apply for an investigation into alleged dumping or subsidisation.

2. Notice of initiation

If there’s enough evidence to justify an investigation, TRID will open one and publish a notice online with details of the review, including the period of time that’s being investigated.

3. Registration of interest

For a period of 15 days from the investigation notice publication date, other businesses and interested parties can register an interest so that they can contribute to the investigation.  You can register your interest after 15 days, but TRID cannot guarantee that you will be able to fully take part in the investigation.

4. Questionnaires and sampling

To help TRID gather evidence for and against a trade remedy, they’ll send questionnaires to all of those that have registered an interest, or to a selected sample. Sampling will usually happen if there are too many parties affected by the dumping or subsidy to consider each one individually.

TRID will tell you when you need to return your completed questionnaire.

5. Provisional measures

From 60 days after publication of the notice of initiation, TRID can recommend provisional measures, even while the investigation is ongoing. If provisional measures are applied, importers of the affected goods will need to give HMRC a guarantee that they can cover the duty.

Provisional measures are not applied to any reviews, for example transitional reviews.

6. Deficiency letters

Once TRID has your completed questionnaire, they may ask you for more details or for any missing data. They’ll do this by sending you a deficiency letter.

TRID will tell you how long you have to reply to the deficiency letter.

7. Verification visits

If you’ve sent TRID evidence, they may ask to visit you to verify the evidence.

8. Oral hearings

Interested parties can ask for a hearing or TRID may decide to hold one. Hearings can be a simple meeting between TRID and the interested party, or may be more formal, depending on the needs and progress of the case.

9. Analysis of evidence and calculation of harm

TRID will consider all the evidence, then calculate the amount of dumping or subsidy and the level of harm to UK producers.

10. Economic interest test

If TRID thinks dumping or subsidy is harming UK producers, they’ll consider if a measure is in the wider interest of the UK economy. They’ll check if measures will have a disproportionate impact on the wider UK economy, such as on consumers and other users of the product.

11. Statement of essential facts and opportunity to comment

TRID will publish this document online. It will set out the evidence that was considered and how it was used. If you’ve registered an interest, you can comment online on this statement and TRID’s use of evidence.

TRID will provide a deadline for comments when the statement is published.

12. Notice of final determination

Once TRID has considered any comments, they’ll reach a conclusion. They’ll make a recommendation to the Secretary of State for International Trade if they think a measure should be imposed. If the recommendation is agreed, the Secretary of State will publish a formal notice online. This will set out the details of the measure, including what it applies to and for how long.

If a measure is not imposed, TRID will publish the reasons.

13. Appeals

Interested parties can appeal a decision. They will be told how to appeal when informed of the outcome of the investigation.

The verification visit

When you submit evidence to a trade remedies investigation, TRID might need to verify it. They’ll do this by arranging to visit your business. This is known as a verification visit.

Before the visit, you’ll be told about any areas TRID wants to examine in more detail and if any further information will be needed from you.

Why evidence needs to be verified

To use evidence as the basis for their findings and recommendations, TRID needs to verify:

  • its completeness and relevance, by linking it to management reports and financial statements
  • its accuracy, by linking it to source documents
  • cost allocations and adjustments made to values

Arranging a visit

TRID will contact you to arrange the visit. There can be some flexibility to help you agree dates that are convenient. Visits are normally several days long.

The visit will be conducted in English. TRID will check if you need an interpreter. If you do, they will provide one at their expense.

Staff needed for the visit

You must ensure that all staff who were involved in preparing your questionnaire response and any other written replies to TRID are present for the duration of the visit.

Staff will also need to be available at short notice if they have detailed knowledge of, or are responsible for completing records of:

  • production
  • domestic and export sales, including related logistics
  • accounting
Documents needed for the visit

TRID will need to see the originals of all supporting documents you’ve given as evidence. This includes worksheets used to prepare replies and the original accounting records the worksheets were based on.

You will also need to make sure these documents are readily available:

  • organisational structure map, including information on any structural changes
  • management accounting structure, including a list of account centres and details of the systems used for managerial reporting, costing and financial accounting
  • general ledger and sales ledger for the period of investigation
  • sales, costs and inventory accounts for the period of investigation
  • internal monthly, quarterly and annual reports used in managerial decision making
  • financial statements
  • accounts payable and accounts receivable ledgers
  • profit and loss accounts
  • transaction-by-transaction invoice ledger
  • internal enterprise resource planning system or warehouse records
  • additional invoices requested by TRID with all supporting documents including bill of lading, freight and insurance invoices, payment confirmations and payment receipts

If you’ve found any errors in the evidence you submitted, you will need to clearly mark and identify them in a newly corrected version. You must also mark and identify any such corrections in the non-confidential version.

Access to equipment

You’ll need to provide access to working photocopiers and printers so that TRID can make copies of documents during the visit. These copies will be used as evidence and will be treated as confidential material – they will not be disclosed to any other interested party.

You’ll also need to provide a whiteboard or flipcharts, so investigators can manage the progress of the visit.

Verification visit schedule

TRID will send you a detailed plan before their visit, with a proposed schedule.

Providing the right information

During the visit, if you present any major changes to responses you’ve already given in your questionnaire or requests for follow-up information, TRID may not be able to take these into account.

If you refuse to provide any requested information, copies of documents, or access to data, TRID is likely to view this as a lack of cooperation. They may then discount your information and base their findings on information provided by others.

Oral hearings

During a trade remedies investigation, TRID might initiate a hearing, or an interested party can ask for one. This hearing can be a simple meeting between the TRID investigating team and the interested party, or may be more formal, depending on the needs of the case.

You can ask for a hearing online. You will need to explain what you want to discuss with TRID during the hearing. Your request will be published on GOV.UK, so if it contains any confidential information you must also provide a non-confidential version.

Time limits and deadlines

You can ask for a hearing from the first day of TRID’s investigation until the closure of comments on its related statement of essential facts.

Reproducing oral statements in writing

After your hearing, you will need to send TRID a written summary of the statements you made in the hearing. They will not consider any oral statements that have not been reproduced in writing.

It’s up to you how much detail you include to best represent your statements in the hearing. You can base your summary on notes you took into the hearing, or you might want to bring someone to the hearing who can take notes for you.

Your summary will be published on GOV.UK so other interested parties can view it. If it contains any confidential information, you must also provide a non-confidential version.

Non-cooperation

If you do not give TRID all relevant information within the time limit, they may regard you as a non-cooperating party and can disregard anything you do provide. They can also disregard your evidence if you refuse access to any necessary information or hold back an investigation in any way.

However, if they think you have genuinely provided as much information as you possibly could, even though you have not provided a full reply, they may use that information in an investigation.

In an investigation, if you’re an exporter who does not fully cooperate, any dumping or injury margin applied to you can be higher than for those who did fully cooperate.

Best facts available

If you do not reply at all, TRID may base their findings on the best facts available, including those:

  • supplied by UK producers in the original application
  • in the replies of other interested parties
  • in any secondary source material

If you give a partial reply, they may base their findings on what you have provided together with the best facts available.

If TRID does not agree with any of the information you have provided, they will tell you why and allow you to provide a further explanation within a reasonable time limit. If they’re not satisfied with your explanation, they will specify the reasons for rejecting your information in their investigation findings.

The decision-making process

Analysis of evidence

To help make sure each trade remedies investigation is fair and transparent, TRID will make their findings and non-confidential evidence publicly available.

When they initiate an investigation, they will publish the notice of initiation online.

Public case files

During an investigation, TRID will publish non-confidential versions of evidence submitted by interested parties. Learn more about the information removed from non-confidential versions.

This evidence and TRID’s findings will be published online for anyone to view.

If you may be affected by the outcome of an investigation, you should register your interest so you can be notified when important documents are published. You will also be able to comment on findings before a final decision is made.

Undertakings

Undertakings are agreements by international manufacturers or governments that:

  • revise export prices and stop dumping products in the UK
  • stop or limit subsidies for their exported products

Undertakings remove the harm or threat of harm to UK producers. Following an investigation, they may be used as an alternative to an anti-dumping or anti-subsidy duty.

Final determination appeals

If you’re an interested party and are not happy with the outcome of an investigation (also known as the final determination), you can ask TRID to reconsider their decision. Once it has been reconsidered you have the right to appeal the decision if you’re still not happy with the outcome.

You’ll be sent details of how to ask for a reconsideration or appeal when told the outcome of an investigation.

Other types of trade remedy reviews

There are several review types that apply to different trade remedies. Some only apply to anti-dumping or anti-subsidy measures, some to safeguard measures and others apply to all types of measure.

To request a review you will need to contact TRID via contact@traderemedies.gov.uk. The exception is transition reviews, which TRID will initiate. They will review transitioned measures in order of their finishing date, where possible.

Review types and their application to trade remedies

Review type Anti-dumping Anti-subsidy Safeguard
Interim reviews Yes Yes No
Expiry reviews Yes Yes No
Extension reviews No No Yes
New exporter reviews Yes Yes No
Circumvention reviews Yes Yes No
Absorption reviews Yes Yes No
Mid-term reviews No No Yes
Scope reviews Yes Yes Yes

Interim reviews

Interim reviews apply when the circumstances of existing trade remedies have permanently changed. They check if measures are still needed and if the level of the measure needs to change.

The review can apply to anti-dumping and anti-subsidy measures. They can look at a single factor or multiple factors, for example the amount of dumping and the harm to UK producers.

Interested parties can contact TRID via contact@traderemedies.gov.uk to ask for an interim review after the measure has been in place for a year.

The possible outcomes of an interim review are:

  • keeping the measure without change
  • removing the measure if it’s no longer needed
  • increasing or decreasing the level of the measure

If, after considering all factors, TRID decides the measure is still needed, it can extend the measure for up to 5 years from the date the results of the review are published.  

Expiry reviews

Expiry reviews assess whether a measure should expire at the end of its stated duration, or if it should be extended. They can apply to anti-dumping and anti-subsidy measures and will check if:

  • the measure should be kept at the same level
  • the measure should be reduced or increased
  • UK producers would be harmed if the measure was removed

Interested parties can ask TRID for an expiry review from 3 to 12 months before the measure is due to expire.

The possible outcomes of an expiry review are:

  • the measure is extended without change for up to 5 years
  • the measure is extended at a different level for up to 5 years
  • the measure is not extended

Extension reviews

Extension reviews check if UK producers would be harmed if a safeguard measure is not extended.

Interested parties can ask TRID for an extension review from 3 to 12 months before the measure is due to expire.

The possible outcomes of an extension review are:

  • the measure is extended at a different level for up to 4 years
  • the measure is not extended

New exporter reviews

As an international business selling goods to the UK, when you start exporting goods covered by a trade remedies measure, you will pay the highest level of duty by default. To apply to pay a lower duty, you will need to contact TRID via contact@traderemedies.gov.uk to ask for a new exporter review.

New exporter reviews can apply to anti-dumping and anti-subsidy measures. You can ask for a new exporter review at any point during the lifetime of a measure if:

  • you did not export during the original review period for the measure
  • no part of your business relates to an existing exporter of goods covered by the measure

The outcome of a new exporter review depends on whether the original investigation used sampling to decide an average duty. Sampling is used when there are too many parties affected by the dumping or subsidisation to consider each one individually.

If sampling was not used, you will pay an individual duty rate. If it was used, you will pay the average duty of the sample.

If the review finds you’re not actually a new exporter, you will stay on the highest duty level.

Circumvention reviews

Circumvention reviews check if exporters are trading unfairly to avoid paying the correct duties. For example, they might be exporting the goods to the UK through another country where the measure does not apply, or through an intermediary company that has a lower tariff rate.

A circumvention review can apply to anti-dumping and anti-subsidy measures. TRID can look at any activity that may undermine the effect of the measure.

Interested parties can contact TRID via contact@traderemedies.gov.uk to ask for a circumvention review at any point during the lifetime of a measure.

If TRID confirms circumvention is taking place, it can update the measure to prevent it. Examples of this include:

  • extending the duties to include the country that goods were being exported through
  • increasing the duty rate on a company that was being used as an intermediary

If the review finds that no circumvention is taking place, the existing measure will be left unchanged.

Absorption reviews

Absorption reviews check if an international exporter is continuing to dump goods at a low price by absorbing the cost of a trade remedies measure. For example, an exporter might dump goods in the UK at £10 per item, then keep the cost at £10, despite a 20% tariff being applied.

They can apply to anti-dumping and anti-subsidy measures.

Interested parties can contact TRID via contact@traderemedies.gov.uk to ask for an absorption review at any point during the lifetime of a measure.

If an absorption review finds that the exporter is absorbing the duty, TRID can increase the duty on that exporter to up to twice the original duty.

If the review finds that no absorption activity is taking place, the existing measure will be left unchanged.

Mid-term reviews

For safeguard measures that are longer than 3 years, TRID will initiate a mid-term review no later than the midpoint of the measure. They will check if the measure is still needed and if the restrictions need to be increased because of a change in circumstances.

The possible outcomes of a mid-term review (depending on the factors being considered) are:

  • keeping the measure without change
  • removing the measure if it’s no longer needed
  • changing the level of the measure

Scope reviews

Scope reviews can apply to all measures and check if the description of a product covered by a measure needs to change. For example, if a new version of a product comes on the market and it’s not clear if it should be covered by the measure.

Interested parties can contact TRID via contact@traderemedies.gov.uk to ask for a scope review after the measure has been in place for a year.

A scope review can recommend that the definition includes or excludes specific goods, or remains unchanged. It can make small clarifications or amendments to the description, rather than major changes. If TRID finds that the description needs a major change, for example to include a large group of different goods, then it starts a new investigation.

Published 15 March 2019