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 Trade Remedies Authority (TRA). UK producers have the capability to request TRA investigations into claims of dumping, countervailable subsidies, or unforeseen surges in imports into the UK.
If you are interested in a TRA investigation, then we can help level the playing field for your business.
What are TRA Investigations?
The current legislation relating to anti-dumping and anti-subsidy arises following the United Kingdom (UK) leaving the European Union and is administered by the Trade Remedies Authority (TRA), a UK government organisation. The TRA was established in June 2021 and there is therefore little prior information relating to the decisions by the TRA on cases relating to Anti-Dumping and/or Anti-Subsidy. Prior to 2021 the EU were responsible for administering anti-dumping and anti-subsidy regulation.
The TRA is set up to conduct the investigation as a result of an application from UK Industry or the Secretary of State. The purpose of having trade regulation is to prevent the negative impact on UK industry of foreign imports causing prices to be so low that they injure the UK industry. The TRA is able to recommend measures which it considers will prevent injury to the UK Industry (more details are set out below). The recommendations by the TRA need to comply with the World Trade Organisation’s (WTO) regulations.
You may have some idea about such investigations in other jurisdictions, although the process and decision making is different in each matter. The UK investigation should be treated as unique.
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How can we help?
TRA Investigations in the UK are still extremely rare. Since the legislation came into force, only 4 have been pursued; we are actively involved on one of those cases. This means we are one of few law firms with live experience in dealing with these matters on behalf of clients.
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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) a benefit.
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What is dumping?
The legislation defines dumping as goods which are imported into the United Kingdom, and their export price is less than their normal value.
“Normal Value” usually means the value at which goods are sold in the exporting country, though normal value may be determined differently for goods imported from the People’s Republic of China (PRC). The World Trade Organisation has provided guidance on how the normal value should be determined in this case, though it can become complicated as several variations apply.
We can help guide you through the process. An initial telephone conversation (up to 30 minutes) to discuss your position and to determine which route will be the best for you is free.
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