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The UK’s trade remedies body, the Trade Remedies Authority (“TRA”) announced on 22 February that it has begun a reconsideration of its recommendation in Case AD0012, concerning imports of certain aluminium extrusions originating in China (here). Notably, this was the TRA’s first anti-dumping investigation in response to an application from UK industry. A reconsideration application is a request for the TRA to review its findings in a concluded investigation.  

The applicant, a UK producer in Case AD0012, alleges that the TRA erred in its evaluation of the facts and in the application of UK anti-dumping law (here).The applicant seeks an increase in the level of all of the dumping margins found; imposing dumping margins on Shandong Nanshan, a co-operating overseas exporter; and the inclusion of certain large aluminium extrusions originating in China in the product scope so that anti-dumping duties will apply to these as well. 

Reconsideration Application 

In its Final Determination, the TRA concluded that aluminium extrusions originating in China were being dumped on the UK market causing injury to the domestic UK industry and that it was in the UK’s economic interests to impose measures. However, in the TRA’s Negative Determination, it concluded that certain large sized extrusions should be excluded from the scope of the measures. 

The grounds of the reconsideration application also turn on the fact that the applicant considers that the dumping margins of sampled co-operating overseas exporters were incorrect and therefore, if the correct dumping margins were applied, the result would be that the dumping duties would be uplifted. 

Next Steps

At the end of the reconsideration process, the TRA will reach a reconsidered decision either upholding or varying its recommendation and will notify this to the Secretary of State for Business and Trade.

If you would be interested in receiving updates on this reconsideration application, or further information in respect of the UK TRA, please get in touch with our team. 

Author

Jennifer Revis is a partner in the EU Competition and Trade Practice Group of Baker McKenzie's London office. She is acknowledged for her timely advice and responsiveness by the Legal 500. Jennifer has been on secondment to the UK customs authorities (Her Majesty's Revenue and Customs) in their tax and excise litigation department and to the Firm's European Law Centre in Brussels. Jennifer is frequently invited to speak at external conferences and regularly contributes articles to tax journals on customs matters such as De Voils Indirect Tax Journal.

Author

Rini Rashid is an Associate in Baker McKenzie London office.

Author

Courtney is an associate in the Competition, Trade and Foreign Investment practice group, with a focus on trade and foreign investment matters across a range of sectors. She joined Baker McKenzie in 2022 from another large international law firm where she also advised on a range of international trade matters, including a three year secondment to the trading entity of a global energy major. During her training, Courtney also spent six months on secondment at a multinational FMCG company where she advised on a range of matters concerning household brands, including in respect of commercial contracts, protection of intellectual property, product regulation and competition law.

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Sven Bates is Of Counsel for International Trade at Baker McKenzie. He has spent the majority of his career at the Firm's London office, focusing on international trade compliance, trade remedies and anti-bribery. He has also practiced in Amsterdam and has previously worked for the European Commission and the Shadow Attorney General. Sven has extensive experience in particular in the financial services sector, and has undertaken secondments at a Tier 1 UK bank and the Lloyd's insurance market.

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