Trade Remedies Authority Investigations - Importers & Exporters
The Trade Remedies Authority (TRA) was established following the UK’s departure from the EU in 2020. It manages the UK trade remedy regime in line with the World Trade Organisation regulations.
The TRA aims to examine and investigate allegations of anti-competitive and unfair international trade practices and recommend measures to the UK government to deal with practices which it determines are unfair. The measures recommended are primarily additional tariffs payable on specified imported goods.
The Trade Remedies Authority conducts investigations into dumping and subsidy. The TRA also carried out safeguard investigations, reviews of EU trade remedy measures and reviews connected with existing UK measures.
What is a subsidy?
A subsidy is a financial contribution made by (or on behalf of) a government or a public body that gives the recipient (usually an industry or business which is manufacturing goods) an advantage against its competition. A subsidy can take the form of a loan, grant or price support.
What is dumping?
Dumping is where products are imported into a foreign country at less than the price of that product is sold for in the market of the exporting country.
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Trade Remedies Authority Investigations
Following its departure from the EU, the UK has implemented an independent trade remedies system. This system involves the development of a new domestic legal framework and the formation of the TRA. UK producers and industries have the capability to request Trade Remedies Authority investigations into claims of dumping, countervailable subsidies, or unforeseen surges in imports into the UK.
What are Trade Remedies Authority investigations?
The TRA is an independent public body that investigates whether certain imports are causing harm to the UK industry and recommends counterbalancing measures to the Secretary of State for Business and Trade where it deems appropriate.
The TRA undertakes investigations into imports that they believe may be unfair, following which, they may recommend measures which they consider will remedy any damages or injury that may be caused to the UK Industry.
Making an application to the Trade Remedies Authority
If you are a UK producer and you believe that dumped or subsidised imports or a sudden increase of imports are causing injury to your industry, you can apply to the Trade Remedies Authority for a trade remedies investigation. They will assess your application and decide whether to initiate an investigation into the imports in question.
It is also possible to apply for a review of an existing anti-dumping, countervailing or safeguard measure if there is already a tariff in place.
The Trade Remedies Authority Investigation Process
Once the Trade Remedies Authority receives an application from a UK industry and decides that it warrants an investigation, they will then initiate a dumping or subsidy investigation.
During each investigation the TRA completes a series of tasks and activities, which may include:
- Pre- and post-initiation notifications
- Registration
- Sampling and limited examination
- Questionnaires and information gathering
- Verification
- Meetings and hearings
- Assessments and calculations
- Defining a measure
- Economic interest test
- Determinations and recommendations
How long the investigation will take is entirely case dependent, but the TRA generally expects its investigations to last around 11-13 months.
Further information in relation to the TRA investigation process can be found on the Gov website.
How can we help?
If you are considering whether to get involved in a new or ongoing TRA investigation see our Q&A’s for why it could be essential to be a part of the process and can prove very costly to not participate.
FAQs for Importers & Exporters
We are one of the few UK firms with live experience in dealing with Trade Remedies Authority matters, TRA investigations in the UK are still extremely rare. Since the legislation came into force, only a handful of cases have been pursued.
We can assist you whether you are responding to an investigation as an interested party or are wishing to instigate an investigation within your industry.
Contact Our TRA Solicitors for a Free Initial 30 Minute Call
