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Paragraph 3 Modifications to Part 2 (dumping and subsidisation investigations)

Original text. Later amendments are not shown.

Paragraph 9 (initiation of a dumping or a subsidisation investigation) of Schedule 4 to the Act has effect as if, for that paragraph, there were substituted—

“9.
(1)

 The Secretary of State may initiate a dumping or a subsidisation investigation in relation to goods only if—

(a)

the Secretary of State—

(i)

is requested to initiate an investigation in an application made by or on behalf of a UK industry in the goods (“the applicant UK industry”), or

(ii)

in exceptional circumstances, decides that an investigation should be initiated in the absence of such an application,

(b)

the Secretary of State is satisfied that the application contains sufficient evidence (or, if sub-paragraph (1)(a)(i) does not apply, that there is otherwise sufficient evidence), that—

(i)

the goods have been or are being dumped in the United Kingdom and the dumping has caused or is causing injury to a UK industry in those goods, or

(ii)

as the case may be, the goods have been or are being imported into the United Kingdom and are subsidised, and the importation of the subsidised goods has caused or is causing injury to a UK industry in those goods,

(c)

the Secretary of State is satisfied that it appears from that evidence that—

(i)

the volume of dumped goods (whether actual or potential), and the injury, is more than negligible, and the margin of dumping in relation to those goods is more than minimal, or

(ii)

as the case may be, the volume of subsidised goods (whether actual or potential), and the injury, is more than negligible, and the amount of the subsidy in relation to those goods is more than minimal, and

(d)

the market share requirement is met or the Secretary of State waives the requirement.

(2)

The market share requirement is met if—

(a)

in the case of an application under sub-paragraph (1)(a)(i), the Secretary of State is satisfied that the applicant UK industry has a share of the market for like goods for consumption in the United Kingdom (whether produced there or elsewhere) which is sufficient to justify initiating the investigation;

(b)

in the case of a decision under sub-paragraph (1)(a)(ii), the Secretary of State is satisfied that a UK industry in the goods has a share of the market for like goods for consumption in the United Kingdom (whether produced there or elsewhere) which is sufficient to justify initiating the investigation.

(3)

Regulations may make provision about—

(a)

what constitutes or does not constitute an application made by or on behalf of a UK industry for the purposes of sub-paragraph (1)(a)(i);

(b)

when an application is made for the purposes of sub-paragraph (1)(a)(i);

(c)

the information to be contained in such an application;

(d)

the time limit for determining such an application;

(e)

the Secretary of State’s assessment of any information obtained or held by the Secretary of State for the purposes of a decision under sub-paragraph (1)(a)(ii);

(f)

what constitutes or does not constitute “negligible” and “minimal” for the purposes of sub-paragraph (1)(c)(i) or (ii);

(g)

how it is to be determined for those purposes whether those thresholds have been exceeded;

(h)

what constitutes or does not constitute “the market for like goods for consumption in the United Kingdom” and a UK industry’s “share” of that market for the purposes of sub-paragraphs (1)(d) and (2);

(i)

how any of those matters are to be determined for the purposes of sub-paragraphs (1)(d) and (2).

(4)

In the case of an application under sub-paragraph (1)(a)(i), if any of the requirements of sub-paragraph (1)(b) to (d) in respect of a dumping or a subsidisation investigation (as the case may be) are not met, the Secretary of State must reject the application and notify the applicant accordingly.

(5)

If the requirements of sub-paragraph (1)(a) to (d) in respect of a dumping investigation are met, the Secretary of State must—

(a)

in the case of an application under sub-paragraph (1)(a)(i), accept the application,

(b)

notify the governments of the relevant foreign countries or territories,

(c)

initiate the investigation,

(d)

publish notice of the decision to initiate the investigation (including notice of the goods which are the subject of the investigation), and

(e)

notify interested parties (see paragraph 32(3)) accordingly.

(6)

If the requirements of sub-paragraph (1)(a) to (d) in respect of a subsidisation investigation are met, the Secretary of State must—

(a)

in the case of an application under sub-paragraph (1)(a)(i), accept the application,

(b)

after the governments of the relevant foreign countries or territories have been invited to participate in consultations, initiate the investigation,

(c)

publish notice of the decision to initiate the investigation (including notice of the goods which are the subject of the investigation), and

(d)

notify interested parties accordingly.

(7)

“Relevant foreign country or territory” means—

(a)

in the case of a potential dumping investigation, the exporting foreign country or territory (within the meaning of paragraph 1(2)) of the alleged dumped goods;

(b)

in the case of a potential subsidisation investigation, a foreign country or territory within whose territory is located a foreign authority which is alleged to have granted one or more of the subsidies in question.

(8)

Notices under sub-paragraphs (5)(d) and (e) and (6)(c) and (d) must specify the date of the initiation of the investigation.

(9)

Nothing in this paragraph prevents the Secretary of State initiating both a dumping investigation and a subsidisation investigation in relation to the same goods if the requirements of sub-paragraph (1)(a) to (d) are met in the case of each investigation.”.