The Trade Remedies (Dumping and Subsidisation) (EU Exit) Regulations 2019

Breach of an undertaking

83.—(1) Where there is evidence of a breach of an undertaking, the TRA may initiate an investigation (a “breach investigation”)—

(a) following an application made by, or on the behalf of, an interested party or the Secretary of State; or

(b) on its own initiative.

(2) The TRA may reject an application for a breach investigation where it considers that there is insufficient evidence of the breach alleged.

(3) Where the TRA initiates a breach investigation, it must notify interested parties accordingly.

(4) The TRA must provide interested parties with an opportunity to comment prior to making a determination that an undertaking has been breached.

(5) Except where the TRA determines that there are adequate reasons to allow the undertaking to continue to apply, where the TRA determines that an undertaking has been breached—

(a) the acceptance of the undertaking must be withdrawn; and

(b) an anti-dumping amount or a countervailing amount must be applied to the goods in accordance with the terms and conditions of the undertaking from the date of the breach as determined by the TRA.

(6) Where the acceptance of an undertaking is withdrawn following the TRA’s determination of a breach, the TRA must publish a notice containing the information set out in paragraph 3 of Schedule 4.