Anti-dumping normal value and ‘particular market situation’/NME determinations: WTO rules, UK legislation and TRA case practice (Aluminium Extrusions; Single-Mode Optical Fibre Cables from China)
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Practice notes
This Practice Note offers practical guidance on the WTO and the UK’s approach to a particular market situation in anti-dumping investigations. It outlines the legal provisions, supplemented by case law and recent practices of the United Kingdom’s Trade Remedies Authority.
Introduction
The World Trade Organization’s Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade (Anti-dumping Agreement) provides that, when assessing whether dumping has occurred, the investigating authority must compare the export price with a comparable normal value. Likewise, the Taxation (Cross-border Trade) Act 2018 (T(CT)A 2018) reflects this by stating that normal value is the comparable price in the ordinary course of trade, or another price determined in accordance with regulations. Investigating authorities therefore have a duty to employ a comparable normal value. The preferred route is to rely on the domestic price—that is, the price at which the like product is sold, in the ordinary course of trade, on the exporting Member State’s domestic market. However, adopting this method assumes that there are domestic sales and that those sales occur in the ordinary course of...
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Web page updated on 21/05/2026
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