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Taxation (Cross-border Trade) Act 2018

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The economic interest test

25(1)This paragraph applies if the TRA or the Secretary of State is considering, for the purposes of this Schedule, whether the TRA or the Secretary of State is satisfied that the application of an anti-dumping remedy or anti-subsidy remedy meets or does not meet the economic interest test.

(2)The economic interest test is met in relation to the application of an anti-dumping remedy or anti-subsidy remedy if the application of the remedy is in the economic interest of the United Kingdom.

(3)That test is presumed to be met unless the TRA or, as the case may be, the Secretary of State is satisfied that the application of the remedy is not in the economic interest of the United Kingdom.

(4)When considering whether the application of an anti-dumping remedy or anti-subsidy remedy is not in the economic interest of the United Kingdom, the TRA or the Secretary of State must—

(a)take account of the following so far as relevant—

(i)the injury caused by the dumping of the goods, or the importation of the subsidised goods, to a UK industry in the goods and the benefits to that UK industry in removing that injury,

(ii)the economic significance of affected industries and consumers in the United Kingdom,

(iii)the likely impact on affected industries and consumers in the United Kingdom,

(iv)the likely impact on particular geographic areas, or particular groups, in the United Kingdom, and

(v)the likely consequences for the competitive environment, and for the structure of markets for goods, in the United Kingdom, and

(b)take account of such other matters as the TRA or, as the case may be, the Secretary of State considers relevant.

(5)In this paragraph—

(a)references to the application of an anti-dumping remedy are to—

(i)requiring the giving of a guarantee under paragraph 15,

(ii)applying an anti-dumping amount to goods, or

(iii)accepting an undertaking under provision made by or under Part 5;

(b)references to the application of an anti-subsidy remedy are to—

(i)requiring the giving of a guarantee under paragraph 15,

(ii)applying a countervailing amount to goods, or

(iii)accepting an undertaking under provision made by or under Part 5;

(c)“affected industries and consumers” means industries and consumers that would be affected if the anti-dumping remedy or anti-subsidy remedy were, or were not, to be applied;

(d)“industries” includes—

(i)the UK industry referred to in sub-paragraph (4)(a)(i) and other producers of goods,

(ii)suppliers of goods or services, and

(iii)importers, distributors and retailers of goods;

(e)“consumers” includes users of goods or services.

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