Legislation – Finance Act 2026

“Initiation of a dumping or a subsidisation investigation: Secretary of State direction

9A

(1)

The Secretary of State may, in exceptional circumstances, direct the TRA to initiate a dumping or a subsidisation investigation in relation to goods if the Secretary of State is satisfied that—

(a)

there is sufficient evidence that—

(i)

the goods have been or are being dumped in the United Kingdom and the dumping has caused or is causing injury to a UK industry in those goods, or

(ii)

as the case may be, the goods have been or are being imported into the United Kingdom and are subsidised, and the importation of the subsidised goods has caused or is causing injury to a UK industry in those goods, and

(b)

it appears from that evidence that—

(i)

the volume of dumped goods (whether actual or potential), and the injury, is more than negligible, and the margin of dumping in relation to those goods is more than minimal, or

(ii)

as the case may be, the volume of subsidised goods (whether actual or potential), and the injury, is more than negligible, and the amount of the subsidy in relation to those goods is more than minimal.

(2)

Regulations may make provision about—

(a)

the giving of directions under sub-paragraph (1), including in particular provision about—

(i)

the form and content of directions;

(ii)

when directions are made for the purposes of sub-paragraph (1);

(iii)

the publication of directions;

(b)

what constitutes or does not constitute “negligible” and “minimal” for the purposes of sub-paragraph (1)(b)(i) or (ii);

(c)

how it is to be determined for those purposes whether those thresholds have been exceeded.

(3)

Before giving a direction under sub-paragraph (1), the Secretary of State must consult the TRA.

(4)

The TRA must comply with a direction given under sub-paragraph (1).

(5)

Where the Secretary of State gives a direction under sub-paragraph (1) in respect of a dumping investigation, the TRA must take the following steps in the order in which they are set out—

(a)

notify the governments of the relevant foreign countries or territories;

(b)

initiate the investigation;

(c)

publish notice that it has initiated the investigation (including notice of the goods which are the subject of the investigation);

(d)

notify the Secretary of State and interested parties (see paragraph 32(3)) accordingly.

(6)

Where the Secretary of State gives a direction under sub-paragraph (1) in respect of a subsidisation investigation, the TRA must take the following steps in the order in which they are set out—

(a)

invite the governments of the relevant foreign countries or territories to participate in consultations;

(b)

initiate the investigation;

(c)

publish notice that it has initiated the investigation (including notice of the goods which are the subject of the investigation);

(d)

notify the Secretary of State and interested parties accordingly.

(7)

Notices under sub-paragraphs (5)(c) and (d) and (6)(c) and (d) must specify the date of the initiation of the investigation.

(8)

Nothing in this paragraph prevents the Secretary of State from directing the TRA to initiate both a dumping investigation and a subsidisation investigation in relation to the same goods if the requirements of sub-paragraph (1)(a) and (b) are met in the case of each investigation.

(9)

In this paragraph “relevant foreign country or territory” means—

(a)

in the case of a direction to initiate a dumping investigation, the exporting foreign country or territory (within the meaning of paragraph 1(2)) of the alleged dumped goods;

(b)

in the case of a direction to initiate a subsidisation investigation, a foreign country or territory within whose territory is located a foreign authority which is alleged to have granted one or more of the subsidies in question.”

“(da)

the information which must or may be provided or made available by the Secretary of State to the TRA or others in connection with the giving of a direction to initiate a dumping or a subsidisation investigation;”.