Caterpillar (Xuzhou) Ltd, R (on the application of) v Secretary of State for Business and Trade & Anor

Caterpillar (Xuzhou) Ltd, R (on the application of) v Secretary of State for Business and Trade & Anor

The claim was refused permission as academic and unarguable. The TRA and SSBT complied with all statutory and international obligations regarding notification and procedural fairness. Caterpillar had actual knowledge of the investigation from November 2023 and failed to register or participate. The TRA was not required to re-open the investigation or PAD for late participation. The SSBT properly considered all relevant factors. The breach of the duty of candour by Caterpillar in failing to disclose its knowledge further justified refusal of permission.

Parties
Claimant: Caterpillar (Xuzhou) Ltd; First Defendant: Secretary of State for Business and Trade; Second Defendant: Trade Remedies Authority; Interested Party: Finning (UK) Ltd
Jurisdiction
England and Wales
Judgment Date
05 September 2025
Procedural Posture
Judicial Review / Rolled Up Hearing, Permission and Substantive Determination
Outcome
Permission to apply for judicial review refused; claim dismissed as academic and unarguable.
Legal Topics
Anti Dumping Duties, Trade Remedies, Procedural Fairness, Duty of Candour, Judicial Review, Public Interest Test
Public Law International Trade Law Administrative Law Anti Dumping Duties Trade Remedies Procedural Fairness Duty of Candour Judicial Review +1 more

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Parties

Caterpillar (Xuzhou) Ltd

Claimant

Secretary of State for Business and Trade

First Defendant

Trade Remedies Authority

Second Defendant

Finning (UK) Ltd

Interested Party

Procedural Posture

Judicial Review / Rolled Up Hearing, Permission and Substantive Determination

Legal Issues

  1. 1 Whether the Trade Remedies Authority (TRA) and Secretary of State for Business and Trade (SSBT) acted lawfully in the anti-dumping investigation and imposition of provisional measures affecting Caterpillar.
  2. 2 Whether Caterpillar was denied procedural fairness due to lack of notification and opportunity to participate as an interested party.
  3. 3 Whether the claim was academic due to subsequent calculation of an individual anti-dumping rate for Caterpillar.

Ratio Decidendi

The claim was refused permission as academic and unarguable. The TRA and SSBT complied with all statutory and international obligations regarding notification and procedural fairness. Caterpillar had actual knowledge of the investigation from November 2023 and failed to register or participate. The TRA was not required to re-open the investigation or PAD for late participation. The SSBT properly considered all relevant factors. The breach of the duty of candour by Caterpillar in failing to disclose its knowledge further justified refusal of permission.

Court Disposition

Permission to apply for judicial review refused; claim dismissed as academic and unarguable.

Orders

  • Permission to apply for judicial review refused on all grounds.
  • No quashing of the Provisional Affirmative Determination or Guarantee Decision.