Understanding the Trade Remedies Authority

The TRA is an independent public body in the UK. At ‘arms-length’ from the Government, it is sponsored by the Department for Business and Trade.  Its primary role is to investigate whether imports are:

1. being dumped (sold at unfairly low prices)
2. subsidised (receiving unfair financial assistance from a government), or
3. causing unforeseen surges that harm UK industries.

Essentially, the TRA has a stated mission to ensure a level playing field for UK businesses. They conduct investigations to determine if trade remedies (like tariffs or quotas) are needed to counteract unfair trade practices. Their work is aimed at protecting UK industries from being unfairly disadvantaged by imports. They present their findings to the Secretary of State for International Trade, and there are various steps that can be taken to ‘balance’ the position of any perceived unfairness such as tariffs, as an example.

A UK industry or trade association submits an application to the TRA, alleging unfair trade practices.

The TRA can also initiate investigations on its own.

The TRA gathers evidence from all interested parties, including UK producers, importers, and foreign exporters.

They analyse data on prices, production, and market share.

They issue questionnaires and sometimes conduct verification visits.

If approached, you do not HAVE to reply, but they will make a determination based on the evidence that they have before them. If you are not in the room you cannot be in the conversation!

Some UK businesses have felt that they are being investigated, or are part of an investigation, because a competitor simply cannot compete. If you feel that there is an ulterior motive or flawed reasoning behind a request for an investigation, the TRA cannot know if you do not tell them.

If the TRA finds sufficient evidence of harm during the investigation, they may recommend provisional measures, such as temporary tariffs.

The TRA publishes a final determination, outlining their findings and recommendations.

This could include recommending definitive trade remedies to the Secretary of State.

The TRA monitors existing trade remedy measures and can conduct reviews if circumstances change.

Trade remedy investigations involve intricate rules and regulations. We can guide you through the process, ensuring you meet deadlines and comply with requirements.

Solicitors can help you gather and present compelling evidence to support your case. An experienced solicitor can handle financial data, market analysis, and legal arguments. That is where Wilson Browne comes in.

Solicitors can effectively communicate your concerns and arguments to the TRA, ensuring your perspective is considered at every stage. Complainants can make potentially  defamatory statements. These can be published by the TRA. And left unchallenged may cause damages to your business. Wilson Browne Solicitors can help challenge such publication, potentially seeking appropriate disclaimers or having the publications taken down altogether – we have a successful track record in achieving just this!

If you believe the TRA’s decision is unfair or flawed, we can help you challenge it through legal channels, holding the state body accountable.

We will work hard to ensure that all of your confidential business information is protected throughout the process.

We can hold state bodies such as the TRA accountable by ensuring that they are acting within the boundaries of the law. We can advise you on how to do this via judicial review, and other legal avenues.