The Trade Remedies Authority has initiated a
reconsideration of its recommendation to impose a new
anti-dumping measure on imports of certain excavators from China.
Reconsiderations are part of the process that parties can use to
ask the TRA to look again at its decisions and are in line with
the World Trade Organization rules for free and fair trade. You
can read more about reconsiderations on the TRA's website.
The initiation today follows submissions received from LiuGong
Group and Caterpillar Group requesting that the TRA reconsider
its recommendation.
LiuGong has claimed that battery electric machines should not be
included within the definition of the goods and the tariff
imposed. It has asked for battery electric machines to be removed
from the description of the goods and all related tariffs.
Caterpillar has questioned the TRA's calculation of the
individual anti-dumping amount that was calculated for it as the
sampled cooperating overseas exporter to the original
investigation. It has asked the TRA to recalculate the injury
margin, dumping margin, injury and causal link determination and
the form of the anti-dumping measures.
The TRA's reconsideration will consider the grounds submitted by
both applicants as part of one single investigation within the
rules set out in the UK's regulatory framework and the underlying
World Trade Organization obligations. It will determine whether
the applications received necessitate a different recommendation
to that originally given to the Secretary of State for Business
and Trade.
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.
About the TRA's original recommendation
The TRA's original anti-dumping investigation, which was
undertaken in response to a request from a UK manufacturer,
assessed whether excavators imported from China are being dumped
and therefore being sold in the UK at unfairly low prices.
The final recommended measure, which was accepted by the Secretary
of State for Business and Trade and came into force on
14 May 2024, imposed tariffs on imports of these goods ranging
from 18.81% for a sampled exporter to 40.08% for the residual
rate. This measure will remain in force throughout the
duration of the reconsideration.
Background
- The Trade Remedies Authority is the UK body that investigates
whether new trade remedy measures are needed to counter unfair
import practices and unforeseen surges of imports.
- The UK trade remedies regime is set by the Taxation
(Cross-Border Trade) Act 2018 and the Trade Act 2021, which
operationalise the World Trade Organization (WTO) agreements
covering trade remedies.
- Reconsiderations are part of the process that parties can use
to ask the TRA to look again at its decisions. Many government
departments, non-departmental public bodies and other government
agencies (including decision-making bodies on taxation and
benefits) provide for interested parties to request an internal
reconsideration of a decision as part of their standard
processes.
- For a reconsideration to be undertaken by the TRA, applicants
must meet the following criteria:
- Set out the grounds for their application.
- Explain the outcome they are looking for.
- Demonstrate that they are eligible to apply for a
reconsideration of this decision.
- If an application does not meet any or all the three criteria
set out above, the TRA will review this and may ultimately reject
an application.
