Guidance

Factsheet: Types of review

Published 7 February 2023

Types of Review

What reviews can we do?

In addition to Anti-dumping, Countervailing and Safeguard investigations, we can run other reviews relating to measures already in place. These will, in the most part, be initiated as a response to an application from industry.

Circumvention

To determine if activity is being undertaken to avoid a duty put in place as part of a trade remedies measure we will consider a number of questions, including but not limited to:

• Has there been a change in the pattern of trade of the goods named in the measure?

• What are the reasons for any change in the pattern of trade?

• Is there injury to UK industry, or is the ability of the duty to remedy the unfair trading practice being undermined?

The current anti-dumping or countervailing duty should remain unchanged or the duty imposed should be varied.

Absorption

We will assess information received from questionnaires, during visits and from other appropriate sources to determine if absorption exists.

We will consider a number of questions, including but not limited to:

• Has the anti-dumping duty had the desired effect, for example to remove injury?

• Have export prices of the goods decreased or increased less than would be expected, given the measure?

• Are there other factors (such as a lower raw material costs) that can explain the lower resale price?

Interim

In an interim application, you must provide evidence that since the measure was put in place there has been a change in circumstances which is of a lasting nature, and that one of the following applies:

• The continued imposition of the measure is not necessary to offset the relevant dumping or subsidisation
• The injury would be unlikely to continue or recur if the measure were removed or varied
• The measure is not sufficient to offset the injury caused by the dumped goods or subsidised imports

We may also consider:

• Whether the circumstances in respect of the dumped goods or subsidised imports have changed significantly
• Whether the circumstances in respect of injury to the UK industry, caused by the dumped goods or subsidised imports have changed significantly
• Whether the existing measure is necessary or sufficient to offset or prevent the injury
• Whether, and if so to what level, it is appropriate to vary the anti-dumping amount or countervailing amount

We must consider both the current and prospective impact of the measure.

Scope

An application should explain what imported product the applicant considers should be included in or removed from the scope of a measure. It must include evidence that the scope of the measure should be changed and this change does not justify a separate dumping or subsidy investigation. We consider: - Whether we would have included the goods subject to review in the scope of the original investigation if the relevant information had been available at that time - The relationship between the goods subject to review and those which are covered by the original measure (the goods concerned) in the UK market (e.g. are they directly competitive, do they have a similar end-use) - The estimated effect any change in scope would have on the intended effects of the measure - Whether the change in scope could affect the interests of any interested party or contributor - Whether the issues raised in the application could be resolved by applying customs rules to the goods instead and any other factors we consider relevant

New Exporter

An application for a new exporter review must include:

• Evidence that the review applicant is not related to any overseas exporter who is subject to an anti-dumping/ countervailing amount in respect of the dumped goods/subsidised imports and who exported the dumped goods/subsidised imports to the UK during the period of investigation
• Evidence that the review applicant did not export the goods subject to review to the UK during the period of investigation
• Evidence that the review applicant who is currently exporting the goods subject to review to the UK and has a contractual obligation to export a significant quantity of the goods subject to review to the UK

We may calculate a new anti-dumping or countervailing amount so the review applicant may also need to provide information that will be used to calculate an individual dumping or subsidy margin.

Related Factsheets

• What are Trade Remedies -The Investigation Process
• Requirements for Imposing Measures