Once the UK leaves the EU and is operating an independent trade remedies framework, UK businesses will be able to apply to the TRA directly if they believe they are being injured by the effects of unfair trade practices or surges in imports. Those making the application will need to demonstrate to the TRA that there is sufficient evidence of dumped goods, subsidised goods or an unforeseen surge of imports. They’ll also need to demonstrate that the WTO standing requirements in relation to import volumes and injury are satisfied, that they have the required level of support from domestic producers collectively, and that they have the required share of the market of like goods for consumption in the UK.
Once the TRA is satisfied that there is sufficient evidence, it will initiate an investigation. The purpose of the investigation is to gather information, verify whether the legal conditions to apply measures are fulfilled and establish the level of the measures it will recommend should be applied.
To decide whether it should recommend putting measures in place, the TRA will check if:
- there is dumping or use of specific subsidies by the producers in the country/countries concerned, or an unforeseen surge in imports
- the UK industry concerned is suffering injury as a result
- measures are in the wider economic interests of the UK – there is a presumption in favour of anti-dumping and anti-subsidy measures, where the onus will be on the TRAto demonstrate that measures will have disproportionate impacts on the wider UK economy.
These checks will be made through performing detailed analysis of data from a range of sources including UK producers, importers, downstream users of the product and exporting producers of the product in other countries.
If the TRA reaches a determination that measures should be applied, it will submit a recommendation to the Secretary of State for the Department for International Trade (DIT) who will have the final decision (having consulted with ministerial colleagues) on accepting or rejecting that recommendation. A recommendation from the TRA to apply measures can only be rejected by the Secretary of State on limited grounds. If the TRAconcludes that measures should not be applied, this decision cannot be overruled by the Secretary of State.
As we have almost no UK ebike building industry I cannot see many (if any) complaints to the TRA after March 29.
KudosDave
