Jurisdiction(s):
United Kingdom

Key definition

Authority definition

What does Authority mean? In practice, Authority refers to the public sector client that procures and manages a project or service and is the named counterparty in the contract. In public procurement, PFI/PPP, DBFM/DBFOM and outsourcing documents, it is a contractual shorthand for the “contracting authority” defined in legislation (England & Wales and Northern Ireland: Public Contracts Regulations 2015; Scotland: Public Contracts (Scotland) Regulations 2015; Ireland: European Union (Award of Public Authority Contracts) Regulations 2016). Typical Authorities include a local authority, an NHS trust or health board, a central government department or minister, a non‑departmental public body or agency, or another body...

Threat of Material Injury in Subsidy and Countervailing Investigations: Practical Guidance under the WTO SCM Agreement on Imminence, Change in Circumstances, Evidence and Impact

Published by a LexisNexis International Trade expert

Practice notes

This Practice Note sets out hands-on guidance for appropriately assessing whether the home industry faces a threat of material injury in practice. It therefore also explains the shift in circumstances that must be shown, the probability of material injury, and the types of evidence on which an investigating authority may rely to find that a genuine threat of material injury exists.

Introduction

Under the WTO’s agreement on Subsidies and Countervailing Measures (the ‘SCM Agreement’), investigating bodies must establish that goods are subsidised and that the subsidised imports either cause material injury or threaten to do so. Frequently, subsidy and countervailing inquiries deal with situations in which subsidised imports are already inflicting material injury. In such cases, whether subsidised imports are causing material injury is a neutral, impartial, evidence-based and reliable finding. For direction on what amounts to subsidised imports and material injury, see Practice Note: An introduction to the Agreement on Subsidies and Countervailing Measures. By contrast, deciding on a threat of material injury is not a finding that the domestic industry has already endured such injury. Rather, the determination is forward-looking: the authority must clearly decide, on the basis of the facts before it, whether there is actually a...

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Web page updated on 22/05/2026

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