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

The use of sampling in respect of Part 2 of these Regulations U.K.

56.—(1) The TRA may use sampling in relation to an investigation in accordance with this regulation to determine whether goods are dumped for the purpose of Part 2 of these Regulations.

(2) The TRA may, where it considers it appropriate, limit its examination to a sample of—

(a) overseas exporters;

(b) importers; or

(c) categories of goods.

(3) The TRA must determine which overseas exporters, importers or categories of goods, as the case may be, to include in the sample based on either—

(a) the largest volume of exports from the exporting country or territory to the United Kingdom that the TRA is reasonably able to investigate; or

(b) a statistically valid method.

(4) Subject to paragraph (5), where the TRA considers it appropriate to limit its examination in accordance with this regulation to a sample, it must consult with overseas exporters and importers, as the case may be, about the proposed sample and, where possible, obtain their consent to the proposed sample.

(5) Paragraph (4) does not apply where the TRA considers that consultation or obtaining consent is impracticable.

(6) An overseas exporter who is not included in a sample in accordance with this regulation may request that the TRA calculate an individual margin of dumping provided that the overseas exporter has supplied the necessary information in time for that information to be considered during the course of the investigation.

(7) Where an overseas exporter makes a request in accordance with paragraph (6), the TRA must accept the request and calculate an individual margin of dumping unless the number of exporters is so large that individual examinations are unduly burdensome and would prevent the timely completion of the investigation.

Commencement Information

I1 Reg. 56 in force at 6.3.2019, see reg. 1(2)