TRA revurderer sine anbefalinger om regler for aluminiumsekstrudering

The Trade Remedies Authority has commenced a reassessment of its recommendation regarding anti-dumping measures on Aluminium Extrusions imported from China as of today (Wednesday, 22 February).

Reassessments are a recognized component of the UK taxation framework, integrated into the standard operating procedures of various government divisions. They provide a crucial means for businesses to present their case after a decision has been made that impacts them. A reassessment will always be carried out if the applicants fulfill the necessary criteria.

At the conclusion of the reassessment, the TRA will arrive at a new decision, either affirming or altering its previous recommendation, and will inform the Secretary of State for Business and Trade of this outcome.

Today’s initiation comes after a request from a UK producer urging the TRA to revisit its recommendation. This producer has supplied the TRA with fresh industry information that may influence the TRA’s original conclusions.

Overview of the TRA’s Initial Recommendation

In its initial investigation, the TRA identified that the UK industry was experiencing harm due to clear evidence of price undercutting, which indicated that UK companies were facing challenges competing against the dumped imports. Consequently, the TRA recommended the implementation of a new anti-dumping duty on Aluminium Extrusions imported from China. Additionally, the TRA issued a final negative determination regarding specific large aluminium extrusions, concluding that there was no evidence of their production within the UK, thus ruling out any extension of measures on these products.

In December, the Secretary of State endorsed the TRA’s suggestion for imposing a new anti-dumping duty on Aluminium Extrusions from China while deciding against the application of duties on larger extrusions.

After the Secretary of State’s decision, the TRA received a request from a domestic producer seeking a review of the initial recommendation.

The basis for this reconsideration request stems from the applicant’s assertion that the imposed dumping duties do not accurately represent the level of harmful dumping. The applicant also contends that large extrusions should not have been excluded. However, the applicant opted not to request a reevaluation of the Economic Interest Test in this instance.

The TRA’s reassessment will evaluate the claims presented in accordance with the UK’s regulatory framework and its underlying World Trade Organisation obligations. It will ascertain whether the received application warrants a different recommendation than what was originally provided to the Secretary of State for Business and Trade.

Context

• The Trade Remedies Authority serves as the UK entity that investigates the necessity for new trade remedy measures to address unfair import practices and unexpected increases in imports.
• The UK trade remedies system is governed by the Taxation (Cross-Border Trade) Act 2018 and the Trade Act 2021, which implement the World Trade Organisation (WTO) agreements pertaining to trade remedies.
• Reassessments are part of the procedural rights that interested parties can exercise to ask the TRA to review its decisions. Numerous government departments, non-departmental public bodies, and other governmental organizations (including entities managing taxation and benefits) allow interested parties to request an internal review of a decision as part of their standard protocol.
• For the TRA to undertake a reassessment, applicants must fulfill the following criteria:
  • clearly articulate the grounds for their request
  • state the outcome they seek
  • demonstrate their eligibility for a reconsideration of the decision.
• If an application fails to meet any or all of these three outlined criteria, the TRA may review and ultimately reject the application.
• Additional details about the TRA’s reconsideration process can be found in the TRA’s online guidance.
• Anti-dumping measures represent one of the three types of trade remedies permitted by the World Trade Organisation (WTO). Such measures impose duties on products that are dumped—unfairly imported into a country at prices lower than those in the country of origin. The other two types are countervailing measures that counter unjust subsidies on imported goods, and safeguard measures that address unforeseen import surges.

Case Details

• The TRA was requested to examine imports of Aluminium Extrusions from the People’s Republic of China by UK manufacturers. These items, primarily comprising aluminium bars, tubes, and pipes, are often labeled as ‘Aluminium Extrusions’ due to the extrusion process being the most prevalent manufacturing method, although other methods such as rolling, forging, and casting may also be used.