Taxation (Cross-border Trade) Act 2018

Provisional affirmative determinations and final affirmative or negative determinations

11 (1) In the case of a dumping investigation, an “affirmative determination” in relation to goods means a determination that—

(a) the goods have been or are being dumped in the United Kingdom, and

(b) the dumping of the goods has caused or is causing injury to a UK industry in those goods.

(2) In the case of a subsidisation investigation, an “affirmative determination” in relation to goods means a determination that—

(a) the goods have been or are being imported into the United Kingdom and are subsidised, and

(b) the importation of the subsidised goods has caused or is causing injury to a UK industry in those goods.

(3) At any stage during a dumping or a subsidisation investigation, the TRA may make an affirmative determination, based on the evidence then before it, in relation to goods which are the subject of the investigation (referred to in this Schedule as “a provisional affirmative determination”).

(4) But the TRA may only make such a determination if it is satisfied that interested parties (see paragraph 32(3)) have been given an adequate opportunity to provide information to it regarding the investigation.

(5) The TRA must make a final determination in relation to each of the goods which are the subject of a dumping or a subsidisation investigation.

(6) A final determination under sub-paragraph (5) in relation to goods is—

(a) an affirmative determination (referred to in this Schedule as a “final affirmative determination”), or

(b) if the TRA determines that it cannot make an affirmative determination in relation to the goods, a negative determination (referred to in this Schedule as a “final negative determination”).

(7) The TRA may make different final determinations in relation to different goods which are the subject of the investigation.

(8) The TRA must—

(a) publish notice of its final negative determination or final negative determinations under sub-paragraph (5), and

(b) notify the Secretary of State and interested parties accordingly.