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The Trade Remedies (Dumping and Subsidisation) (EU Exit) Regulations 2019

Type Statutory-Instrument

Publication 2019-03-04

Last updated 2024-05-23

State In force

Department King's Printer of Acts of Parliament

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(6) Where the acceptance of an undertaking is withdrawn following the TRA's determination of a breach, the TRA must publish a notice containing the information set out in paragraph 3 of Schedule 4.

Reviews by the TRA of the continuing application of an undertaking

84

(1) The TRA may conduct a review (an “undertaking review”) to consider whether—

(a) the period of application of the undertaking should be extended so that it continues after it would otherwise expire;

(b) the continuing application of the undertaking is necessary or sufficient to offset—

(i) the dumping of the goods in respect of which the undertaking is given; or

(ii) the subsidisation of the goods in respect of which the undertaking is given;

(c) injury to UK industry in the goods would be likely to continue or recur if the application of the undertaking were to expire or be varied, or its acceptance were to be withdrawn;

(d) the goods in respect of which the undertaking applies should be varied; or

(e) the undertaking including the terms and conditions continues to be appropriate.

(2) The TRA may initiate an undertaking review—

(a) where a review (see Part 7) has been initiated in respect of the dumped goods or subsidised imports listed in the relevant public notice made under section 13 of the Act; or

(b) on its own initiative.

(3) The TRA must provide interested parties with an opportunity to comment during the course of a review under this regulation.

(4) Regulation 80 (monitoring compliance with an undertaking) applies to an undertaking review.

(5) Following an undertaking review, the TRA may determine that—

(a) the terms and conditions of an undertaking should remain unchanged;

(b) the terms and conditions of an undertaking should be varied;

(d) the level of the anti-dumping amount or countervailing amount that may be applied in the alternative to the continuation of the undertaking specified in the relevant public notice made under section 13 of the Act should be varied; or

(e) the acceptance of an undertaking should be withdrawn.

(6) Where the TRA makes a determination in accordance with paragraph (5)(b) to (e), it must make a recommendation to the Secretary of State in accordance with its determination.

(7) Where the TRA makes a recommendation to the Secretary of State, the Secretary of State must accept or reject the recommendation.

(8) Where the Secretary of State accepts the TRA's recommendation, the Secretary of State must—

(a) publish a notice containing the information set out in paragraph 4 of Schedule 4; and

(b) notify interested parties.

(9) Where the Secretary of State rejects the TRA's recommendation, the Secretary of State must notify interested parties accordingly.

(10) Where the Secretary of State intends to make a decision which will result in an undertaking ceasing to apply, the Secretary of State must—

(a) where it is practicable, notify the overseas exporter or relevant foreign government of the reasons for that decision; and

(b) where possible, provide the overseas exporter or relevant foreign government an opportunity to provide comments.

PART 9

Suspension

Suspension of an anti-dumping amount or a countervailing amount

85

(1) The TRA may make a recommendation to the Secretary of State (a “suspension recommendation”) that the application of an anti-dumping amount or a countervailing amount be suspended for a specified period (the “period of suspension”) in relation to some or all of the goods specified in a public notice made by the Secretary of State under section 13 of the Act.

(2) The TRA may make a suspension recommendation where—

(a) paragraph (3) applies;

(b) it is satisfied that a suspension is appropriate; and

(c) the applicant UK industry has been given the opportunity to comment on the suspension proposed in the application for suspension (see regulation 86).

(3) This paragraph applies where the TRA, whether or not as a consequence of considering an application in accordance with regulation 86 (application for suspension), considers that the circumstances in paragraph (4) exist.

(4) Those circumstances are that—

(a) market conditions have changed temporarily; and

(b) as a consequence of the change in market conditions, the injury caused to a UK industry is unlikely to recur if the application of an anti-dumping amount or a countervailing amount were to be suspended.

(5) In considering whether to make a suspension recommendation, the TRA may take such steps as it considers appropriate.

(6) Where the TRA rejects an application for suspension, the TRA must notify the applicant.

(7) Where the TRA determines that it is not appropriate to make a suspension recommendation, it must—

(a) publish a notice of the reasons for its determination; and

(b) notify the Secretary of State and interested parties.

(8) Where the TRA considers that it is appropriate to make a suspension recommendation, the recommendation must include—

(a) the reasons for its determination;

(b) the recommended period of suspension, which must begin on the day after the date of publication of the public notice under section 13 of the Act giving effect to the recommendation; and

(9) If the TRA makes a suspension recommendation, the Secretary of State must decide whether to —

(a) accept or reject the recommendation; or

(b) request that the TRA reassess its recommendation, by reference to any matters specified in the request, with a view to amending or replacing the recommendation.

(10) Where the Secretary of State accepts the suspension recommendation, the notice published by the Secretary of State under paragraph 26(6)(a) of Schedule 4 to the Act must contain the information set out in paragraph 1 of Schedule 5.

(11) The Secretary of State may only reject a suspension recommendation where the Secretary of State considers that it is not in the public interest to accept it.

(11A) Paragraph (11B) applies if the recommendation is rejected.

(11B) If the Secretary of State considers that it is in the public interest to do so, the Secretary of State may decide to vary the period of suspension specified by the TRA, subject to regulation 87(1).

(11C) Where the Secretary of State makes a decision under paragraph (11B)—

(a) the notice published by the Secretary of State under paragraph 26(6)(a) of Schedule 4 to the Act must contain the information set out in paragraph 1 of Schedule 5; and

(b) the Secretary of State must lay a statement before the House of Commons setting out the reasons for the decision.

(12) Where the Secretary of State rejects a suspension recommendation and does not make a decision under paragraph (11B), the Secretary of State must—

(a) publish a notice containing the information set out in paragraph 1 of Schedule 5;

(b) notify interested parties; and

(13) Where an anti-dumping amount or a countervailing amount is suspended under this Part, the period of suspension counts towards the specified period of the anti-dumping amount or countervailing amount as stated in the relevant public notice.

(14) The Secretary of State may only make a request under paragraph (9)(b) where the Secretary of State considers that—

(a) there is information that the TRA did not take into account in its consideration of whether the circumstances in paragraph (4) exist that is relevant to that consideration;

(b) the TRA made an error in relation to its recommendation; or

(15) Before making a request under paragraph (9)(b), the Secretary of State must consult the TRA.

(16) Where the Secretary of State makes a request under paragraph (9)(b), the TRA must—

(a) comply with the request; and

(b) in reassessing its recommendation, have regard to any particular considerations which the Secretary of State may specify in the request.

Application for suspension

86

(1) An application for suspension of an anti-dumping amount or a countervailing amount in accordance with regulation 85 (suspension of an anti-dumping amount or a countervailing amount) (a “suspension application”) may be made to the TRA by or on behalf of an interested party.

(2) A suspension application to the TRA must include as far as possible information regarding—

(a) the change in the market conditions;

(b) the temporary nature of that change; and

(2A) Where an application is made under paragraph (1) the TRA must notify the Secretary of State of that application before the end of the second working day after the day on which it receives the application.

(3) Where a suspension application is withdrawn by the applicant, the TRA may still consider whether it is appropriate to make a suspension recommendation (see regulation 85).

Period of suspension

87

(1) The period of suspension referred to in regulation 85(1) must not exceed nine months commencing on the day after the publication of the public notice under section 13 of the Act giving effect to the suspension.

(2) Following an application by an interested party or where the TRA otherwise considers that it is appropriate, the TRA may recommend to the Secretary of State that the period of nine months in paragraph (1) be extended to a maximum of 21 months (“extended period of suspension”).

(3) Where the TRA makes a recommendation in accordance with paragraph (2), but the duration of the extended period of suspension recommended is less than 21 months, the TRA may make a further recommendation to the Secretary of State to increase the duration of the extended period of suspension where it considers it is appropriate to do so and provided that the overall duration of the extended period of suspension does not exceed 21 months.

(4) Where the TRA rejects an application for an extension of the period of suspension, the TRA must notify the applicant.

(5) Where the TRA considers that it is not appropriate to make a recommendation to extend the period of suspension, it must—

(a) publish a notice of its determination and the reasons for it; and

(b) notify the Secretary of State and interested parties.

(6) Where the TRA considers that it is appropriate to make a recommendation to extend the period of suspension, the recommendation must include—

(a) the reasons for its recommendation;

(b) the recommended extended period of suspension, which must begin on the day after the date of publication of the public notice under section 13 of the Act giving effect to the recommendation; and

(7) If the TRA makes a recommendation in accordance with this regulation, the Secretary of State must decide whether to —

(a) accept or reject the recommendation; or

(b) request that the TRA reassess its recommendation, by reference to any matters specified in the request, with a view to amending or replacing the recommendation.

(8) Where the Secretary of State accepts a recommendation, the notice published by the Secretary of State under paragraph 26(6)(a) of Schedule 4 to the Act must contain the information set out in paragraph 3 of Schedule 5.

(9) The Secretary of State may only reject a recommendation where the Secretary of State considers that it is not in the public interest to accept the recommendation.

(9A) Paragraph (9B) applies if the recommendation is rejected.

(9B) If the Secretary of State considers that it is in the public interest to do so, the Secretary of State may decide to vary the extended period of suspension, subject to paragraph (9C).

(9C) Where the Secretary of State decides to vary the extended period of suspension—

(a) the overall duration of the extended period of suspension must not exceed 21 months; and

(b) the extended period of suspension must begin on the day after the date of publication of the public notice under section 13 of the Act giving effect to the decision.

(9D) Where the Secretary of State makes a decision under paragraph (9B)—

(a) the notice published by the Secretary of State under paragraph 26(6)(a) of Schedule 4 to the Act must contain the information set out in paragraph 3 of Schedule 5; and

(b) the Secretary of State must lay a statement before the House of Commons setting out the reasons for the decision.

(10) Where the Secretary of State rejects a recommendation and does not make a decision under paragraph (9B), the Secretary of State must—

(a) publish a notice containing the information set out in paragraph 3 of Schedule 5;

(b) notify interested parties; and

(11) The Secretary of State may only make a request under paragraph (7)(b) where the Secretary of State considers that—

(a) there is information that the TRA did not take into account in its recommendation that is relevant to the recommendation;

(b) the TRA made an error in relation to its recommendation; or

(12) Before making a request under paragraph (7)(b), the Secretary of State must consult the TRA.

(13) Where the Secretary of State makes a request under paragraph (7)(b), the TRA must—

(a) comply with the request; and

(b) in reassessing its recommendation, have regard to any particular considerations which the Secretary of State may specify in the request.

Reinstatement of an anti-dumping amount or a countervailing amount

88

(1) The TRA may make a recommendation to the Secretary of State to reinstate an anti-dumping amount or a countervailing amount where it determines that the circumstances in regulation 85(4) no longer exist.

(2) Where the TRA makes a recommendation in accordance with this regulation, the recommendation must include—

(a) the reasons for its recommendation; and

(b) any other information it considers relevant.

(3) If the TRA makes a recommendation in accordance with this regulation, the Secretary of State must decide whether to accept or reject it.

(4) Where the Secretary of State accepts the recommendation, the Secretary of State must—

(a) publish a public notice under section 13 of the Act containing the information set out in paragraph 4 of Schedule 5; and

(b) notify interested parties.

(5) The Secretary of State may only reject a recommendation where the Secretary of State considers that it is not in the public interest to accept the recommendation.

(6) Where the Secretary of State rejects a recommendation, the Secretary of State must—

(a) publish a notice containing the information set out in paragraph 4 of Schedule 5;

(b) notify interested parties; and

PART 10 — Investigations regarding repayments

Investigations regarding repayments

89

(1) The TRA may conduct an investigation (a “repayment investigation”) to determine whether HMRC should make a repayment of an anti-dumping amount or a countervailing amount (the “amount”) under the Customs (Import Duty) (EU Exit) Regulations 2018 .

(2) The determination in paragraph (1) is a determination that the dumping margin or amount of the subsidy has been—

(a) eliminated; or

(b) reduced to a level that is lower than the amount specified in the public notice made by the Secretary of State under section 13 of the Act.

(3) An importer may only make an application for a repayment investigation if they make an application (a “qualifying application”) to the TRA in accordance with this regulation.

(4) A qualifying application must contain—

(a) a description of the goods to which the application relates;

(b) evidence of the amount paid in respect of those goods;

(d) sufficient evidence of the matters referred to in paragraph (2);

(e) relevant evidence from the overseas exporter or a commitment that such evidence will be provided within 30 days of a request by the TRA;

(f) information regarding the relationship between the importer and the overseas exporter; and

(g) any other relevant information.

(5) In conducting a repayment investigation, the TRA must determine whether there has been dumping or subsidisation applying the same methodology as in the original investigation, unless the TRA considers that it is inappropriate to do so.

(6) Where the TRA constructs the export price in accordance with regulation 15 (export price), the TRA may deduct any anti-dumping amount paid where it is not reflected in resale prices and subsequent selling prices in the United Kingdom.

(7) The TRA must reject an application for a repayment investigation and notify the importer where the application does not satisfy the requirements set out in paragraph (4)(d) or (e).

(8) Where the TRA makes a determination that HMRC should make a repayment under the Customs (Import Duty) (EU Exit) Regulations 2018, it must—

(a) calculate the amount of the repayment;

(b) send a notification to HMRC that the TRA is satisfied that a repayment is due; and

(9) Where the TRA makes a determination that HMRC should not make a repayment under the Customs (Import Duty) (EU Exit) Regulations 2018, it must notify the importer.

PART 11 — Miscellaneous

Extension of the period of a provisional remedy in a dumping investigation

90

(1) The TRA may recommend to the Secretary of State (an “extension recommendation”) that the period of a provisional remedy, which has been applied in respect of goods in the case of a dumping investigation, be extended.

(2) The TRA may only make an extension recommendation where—

(a) paragraph (3) or (4) applies; ...

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2A) Where the TRA makes an extension recommendation in accordance with paragraph (1), it must advise the Secretary of State whether and why it considers that the extension of the application of the provisional remedy in accordance with its recommendation would meet the economic interest test (see paragraph 25 of Schedule 4 to the Act).

(3) This paragraph applies where the TRA receives a request to extend the period of the provisional remedy from or on behalf of overseas exporters representing a significant volume of the dumped goods.

(4) This paragraph applies where—

(a) the TRA considers that extending the period of the provisional remedy is appropriate in the circumstances;

(b) the TRA issues a notification to overseas exporters notifying them that the TRA considers it appropriate to extend the period of the provisional remedy (“proposed extension”); and

(5) An extension recommendation must include—

(a) a description of the goods to which the recommendation relates;

(b) the overseas exporters that support or do not object to the extension;

(c) the recommended period of extension, which must not exceed the period referred to in paragraph 16(2) of Schedule 4 to the Act and which must begin on the day on which the provisional remedy would have otherwise expired; and

(d) the reasons for the TRA's recommendation.

(6) If the TRA makes an extension recommendation, the Secretary of State must decide whether to accept or reject it.

(7) The Secretary of State may only reject the TRA's recommendation where the Secretary of State is satisfied that it is not in the public interest to accept it.

(8) In making a decision under paragraph (6), the Secretary of State must have regard to the TRA’s advice on whether the extension recommendation would meet the economic interest test.

(9) Where the Secretary of State accepts an extension recommendation, the Secretary of State must—

(a) publish a notice containing the information set out in paragraph 1 of Schedule 6; and

(b) notify interested parties.

(10) Where the Secretary of State and does not make a decision under regulation 90A, the Secretary of State must—

(a) publish a notice containing the information set out in paragraph 1 of Schedule 6;

(b) notify interested parties; and

Relevant period in a dumping investigation

91

(1) The TRA may recommend that an anti-dumping amount should apply to goods from the relevant date specified in paragraph 19(3)(a) of Schedule 4 to the Act where paragraph (2) applies.

(1A) The TRA may recommend that an anti-dumping amount should apply to goods from the relevant date specified in paragraph 19(3)(b) of Schedule 4 to the Act where in an anti-dumping investigation—

(a) a final determination of injury is made (but not a threat of injury or material retardation of the establishment of an industry), or

(b) a final determination of a threat of injury is made, and the TRA determines that injury would have occurred in the absence of provisional measures.

(2) This paragraph applies where the Secretary of State has published a notice under paragraph 29(1) of Schedule 4 to the Act and the TRA considers in a dumping investigation that—

(a) there is a history of dumping which caused injury or the importer is, or should have been, aware that the overseas exporter practises dumping and that such dumping would cause injury to a UK industry;

(b) the injury caused to a UK industry was caused by a massive volume of dumped goods in a short period of time; and

(c) in light of the timing and volume of the dumped goods and other circumstances (for example a rapid build-up of inventories of the dumped goods), the application of the anti-dumping amount to be applied is likely to seriously undermine the remedial effect of that amount.

(3) Before making the recommendation in paragraph (1), the TRA must allow importers to submit any evidence they consider relevant.

(4) The TRA may recommend that the anti-dumping amount to be applied during all or part of the relevant period is the same or less than the anti-dumping amount determined in the final affirmative determination, provided that the anti-dumping amount applied during the relevant period does not exceed the estimated anti-dumping amount as specified in paragraph 13(3)(a) of Schedule 4 to the Act.

Relevant period in a subsidisation investigation

92

(1) The TRA may recommend that a countervailing amount should apply to goods from the relevant date specified in paragraph 19(3)(a) of Schedule 4 to the Act where paragraph (2) applies.

(1A) The TRA may recommend that a countervailing amount should apply to goods from the relevant date specified in paragraph 19(3)(b) of Schedule 4 to the Act where in a subsidisation investigation—

(a) a final determination of injury is made (but not a threat of injury or material retardation of the establishment of an injury), or

(b) a final determination of a threat of injury is made, and the TRA determines that injury would have occurred in the absence of provisional measures.

(2) This paragraph applies where the Secretary of State has published a notice under paragraph 29(1) of Schedule 4 to the Act and the TRA considers in a subsidisation investigation that in critical circumstances—

(a) there is a massive volume of imports of the subsidised goods into the United Kingdom in a short period of time;

(b) the massive imports of the subsidised imports caused injury to a UK industry, which is difficult to repair; and

(c) it is necessary in order to preclude the recurrence of such injury to a UK industry to recommend that a countervailing amount apply to goods from the relevant date specified in paragraph 19(3)(a)(i) of Schedule 4 to the Act.

(3) The TRA may recommend that the countervailing amount to be applied during all or part of the relevant period is the same or less than the countervailing amount in the final affirmative determination, provided that the countervailing amount to be applied during the relevant period does not exceed the estimated countervailing amount as specified in paragraph 13(3)(b) of Schedule 4 to the Act.

Meaning of export subsidisation

93

(1) For the purpose of paragraph 27 of Schedule 4 to the Act, “export subsidisation” (and “export subsidy” accordingly) has the meaning given by this regulation.

(2) Subject to paragraph (3), export subsidisation means the granting of a subsidy which is contingent, in law or in fact, upon export performance.

(3) The fact that a subsidy is granted to enterprises which export does not for that reason alone mean that it is an export subsidy.

(4) When considering whether or not a subsidy is an export subsidy, the TRA must take into account footnote 1 and Annexes I to III to the Agreement on Subsidies and Countervailing Measures (being part of Annex 1A to the WTO Agreement).

PART 12 — Transitional provisions

Interpretation for Part 12

94

(1) In this Part—

“appropriate date” means—in relation to a transition review under regulation 97(2)(a), the day of replacement of EU trade duty;in relation to a transition review under regulation 97(2)(b)—the day after the day of publication of the notice under regulation 101C(2)(a); orthe day of expiry if the relevant UK trade remedies measure continues to apply under regulation 97C(2);

“circumvention” has the meaning given in regulation 73(2);

“determination notice” means a notice published by the Secretary of State under regulation 96(1);

“EU anti-dumping duty” means a definitive anti-dumping duty imposed by an EU instrument made under—the EU anti-dumping regulation;an earlier EU regulation under which an EU instrument imposing a definitive anti-dumping duty could have been made;

“the EU anti-dumping regulation” means Regulation (EU) 2016/1036 of the European Parliament and of the Council of 8 June 2016 on protection against dumped imports from countries not members of the European Union;

“EU countervailing duty” means a definitive countervailing duty imposed by an EU instrument made under—the EU countervailing regulation; oran earlier EU regulation under which an EU instrument imposing a definitive countervailing duty could have been made;

“the EU countervailing regulation” means Regulation (EU) 2016/1037 of the European Parliament and of the Council of 8 June 2016 on protection against subsidised imports from countries not members of the European Union;

“EU regulation” has the same meaning as in Article 288 of the Treaty on the Functioning of the European Union;

“EU trade remedies measure” means an EU anti-dumping duty or an EU countervailing duty;

“recommendation of revocation” means a recommendation made under regulation 100(1) in accordance with regulation 100B;

“recommendation of variation” means a recommendation made under regulation 100(1) in accordance with regulation 100A;

“replacement of EU trade duty” means the coming into force of paragraph 1 of Schedule 7 to the Act in so far as it relates to any EU anti-dumping duty or EU countervailing duty;

“transition review” means a review under regulation 97(2)(a) or (b);

“UK trade remedies measure” means an anti-dumping amount or a countervailing amount applied by public notice under regulation 96A(1).

(2) For the purposes of this Part, “EU countervailing duty” includes a duty that would apply to goods were it not for acceptance by the European Commission of an undertaking in accordance with Article 13 of the EU countervailing regulation.

Application of this Part

95

(1) This regulation applies if the TRA is requested to initiate an investigation in an application made by or on behalf of an applicant UK industry before replacement of EU trade duty.

(2) The TRA may initiate an investigation only to the extent the application relates to goods which are the subject of—

(a) an anti-dumping investigation initiated by the European Commission in accordance with article 5 of the EU anti-dumping regulation; or

(b) a countervailing duty investigation initiated by the European Commission in accordance with article 10 of the EU countervailing regulation.

Notification etc of determination

96

(1) The Secretary of State may by publishing a notice determine to transition an EU trade remedies measure.

(2) A notice under paragraph (1) may be published at any time before replacement of EU trade duty.

Treatment of amounts under this Part etc

97

(1) The TRA must review every EU trade remedies measure specified in a determination notice.

(2) The TRA may conduct a transition review—

(a) before replacement of EU trade duty, in which case the review is of an EU trade remedies measure; or

(b) after replacement of EU trade duty, in which case the review is of a UK trade remedies measure.

Review of amounts under this Part

98

(1) The TRA must publish a notice to initiate a transition review before the expiry of—

(a) the relevant EU trade remedies measure, if the review is conducted under regulation 97(2)(a); or

(b) the relevant UK trade remedies measure, if the review is conducted under regulation 97(2)(b).

(2) A notice under paragraph (1) must—

(a) specify—

(i) the relevant EU trade remedies measure, if the review is conducted under regulation 97(2)(a); or

(ii) the relevant UK trade remedies measure, if the review is conducted under regulation 97(2)(b);

(b) contain the information set out in sub-paragraphs (c), (d), (f), (g), and (k) to (o) of paragraph (1) of Schedule 3.

(3) The TRA may satisfy a requirement of paragraph (2) by reference to a document on an Internet site that is available to the public and free of charge.

Determinations upon conclusion of transition reviews

99

(1) Upon concluding a transition review, the TRA must make a determination or determinations covering all of the goods that were the subject of the review.

(2) A determination referred to in paragraph (1) is a determination that the application of an anti-dumping amount or a countervailing amount to goods should be—

(a) varied; or

(b) revoked.

(3) The TRA must have regard to the current and prospective impact of an anti-dumping amount or a countervailing amount when making a determination regarding the future application of that amount.

(4) The TRA may make a determination in respect of some of the goods which were the subject of the review which is different to the determination which it makes in respect of others.

(5) Where the TRA makes a determination that the application of an anti-dumping amount or a countervailing amount to goods should be varied, the variation may, amongst other things, comprise or include—

(a) subject to paragraph (6), reducing the anti-dumping amount or countervailing amount;

(b) subject to paragraph (6), increasing the anti-dumping amount or countervailing amount;

(d) subject to paragraph (8), extending the period for which the anti-dumping amount or countervailing amount applies.

(6) Where the TRA makes a determination that the application of an anti-dumping amount or a countervailing amount to goods should be varied, that variation must not comprise or include reducing or increasing such amount to an amount which—

(a) in the case of an anti-dumping amount, exceeds the margin of dumping or, if less than the margin of dumping, the amount which the TRA is satisfied would be adequate to remove the injury to UK industry caused by the dumped goods;

(b) in the case of a countervailing amount, exceeds the amount of the subsidy or, if less than the amount of the subsidy, the amount which the TRA is satisfied would be adequate to remove the injury to UK industry caused by the subsidised imports.

(7) Where the TRA makes a determination that the application of an anti-dumping amount or a countervailing amount to goods should be varied and it has not been possible for the TRA to recalculate the anti-dumping amount or countervailing amount, that variation may include maintaining that amount.

(8) Where the TRA makes a determination that the application of an anti-dumping amount or a countervailing amount to goods should be varied, that variation must not comprise or include extending the period for which the amount applies by a period, calculated from the date of the public notice referred to in regulation 101(5)(a), of more than five years.

TRA's recommendation to the Secretary of State

100

(1) The TRA must make a recommendation to the Secretary of State following a transition review to vary or revoke the application of the anti-dumping amount or the countervailing amount to the relevant goods.

(1A) Where the TRA makes a recommendation to vary under paragraph (1) and considers that there are two or more options which it could recommend, it may give the Secretary of State each of those options as part of its recommendation.

(1B) The TRA must consider whether it could give the Secretary of State two or more options as part of its recommendation to vary under paragraph (1)—

(a) where the TRA considers that applying an anti-dumping amount or a countervailing amount in accordance with its proposed recommendation would not meet the economic interest test;

(b) where the TRA otherwise considers that it is appropriate.

(1C) Where, after considering whether it could give the Secretary of State two or more options as part of its recommendation to vary in accordance with paragraph (1), the TRA considers that there is only one option which it could reasonably recommend under paragraph (1), it must give the Secretary of State its reasons for reaching that conclusion.

(1D) Where the TRA gives the Secretary of State options, it must—

(a) give the Secretary of State its reasons for including each option; and

(b) inform the Secretary of State which option it prefers and why.

(1E) Where the TRA makes a recommendation to vary under paragraph (1), it must advise the Secretary of State whether and why it considers that the variation of an anti-dumping amount or a countervailing amount (as the case may be) in accordance with its recommendation, or in accordance with each option, as the case may be, would meet the economic interest test.

(2) A recommendation under paragraph (1) must—

(a) be made in accordance with—

(i) regulation 100A, if the recommendation is variation;

(ii) regulation 100B, if the recommendation is revocation;

(b) include—

(i) a description of the goods to which the recommendation relates;

(ii) the names of overseas exporters or, where impracticable, the exporting countries or territories;

(iii) a summary of the review;

(iv) the reasons for the recommendation.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Acceptance or rejection of the TRA's recommendation by the Secretary of State

101

(1) The Secretary of State must—

(a) accept or reject the recommendation made under regulation 100(1); or

(b) request that the TRA reassess its recommendation, by reference to any matters specified in the request, with a view to amending or replacing the recommendation.

(1A) The Secretary of State may reject the recommendation only if the Secretary of State is satisfied that it is not in the public interest to accept it.

(1B) Where the Secretary of State accepts a recommendation which contains options given in reliance on regulation 100(1A), the Secretary of State must decide which of those options to adopt.

(2) In considering what action to take under paragraph (1), the Secretary of State must have regard to the TRA’s advice on whether the application of an anti-dumping amount or a countervailing amount to goods in accordance with the recommendation, or in accordance with each option, as the case may be, would meet the economic interest test.

(2A) The Secretary of State may only make a request under paragraph (1)(b) where the Secretary of State considers that—

(a) there is information that the TRA did not take into account in its review that is relevant to the recommendation;

(b) the TRA made an error in relation to its recommendation; or

(2B) Before making a request under paragraph (1)(b), the Secretary of State must consult the TRA.

(2C) Where the Secretary of State makes a request under paragraph (1)(b), the TRA must—

(a) comply with the request; and

(b) in reassessing its recommendation, have regard to any particular considerations which the Secretary of State may specify in the request.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 13 — Transitional provisions relating to the TRA

CHAPTER 1 — General modifications

102

Unless otherwise specified in this Part, these Regulations have effect as if—

(a) for “TRA”, in each place where this occurs (excluding regulation 1), there were substituted “ Secretary of State ”;

(b) for “TRA's”, in each place where this occurs, there were substituted, “Secretary of State's”;

(c) for “it”, where this is a reference to the TRA, in each place where it occurs, there were substituted “ the Secretary of State ”; and

(d) for “its” in the following provisions, in each place where it occurs, there were substituted “ the ”

(i) regulation 23(2);

(ii) regulation 30(3);

(iii) regulation 36(4);

(iv) regulation 37(2);

(v) regulation 41(5)(a);

(vi) regulation 48(2);

(vii) regulation 56(2) and (4);

(viii) regulation 57(2) and (3);

(ix) regulation 64(3)(a) and (4)(a);

(x) regulation 67(7)(a);

(xi) regulation 78(5)(a);

(xia) regulation 88C(1);

(xii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(xiii) paragraphs 7(c) and 9(c), Schedule 2.

CHAPTER 2 — Further modifications

Modification to Part 1

103

Regulation 2 (interpretation) has effect as if, in the definition of “application”, for “paragraph 9(1)(a) of Schedule 4 to the Act”, there were substituted “ paragraph 9(1)(a)(i) of Schedule 4 to the Act ”.

Modifications to Part 6

104

Regulation 40 (general provisions) has effect as if, in paragraphs (1) and (2)(c) and (d), for “its” there were substituted “the Secretary of State's”.

105

Regulation 41 (revision of scope of an investigation) has effect as if—

(a) in paragraph (1), for “its determination”, there were substituted “ the Secretary of State's decision ”; and

(b) at the end of paragraph (5)(a), there were inserted “(or been otherwise available to the Secretary of State, where no application was made)”.

106

Regulation 45 (confidential information) has effect as if—

(a) in paragraph (1)(a), for “its”, there were substituted “the Secretary of State's”; and

(b) paragraph (5) were omitted.

107

Regulation 46 (permitted disclosure) has effect as if—

(a) in paragraphs (1) and (3), “the TRA or”, in each place where this occurs, were omitted; and

(b) paragraph (2) were omitted.

108

Regulation 52 (assessment of an application) has effect as if—

(a) for the heading of that regulation, there were substituted— “ Assessment of information to determine whether to initiate an investigation ”; and

(b) for paragraph (1), there were substituted—

(1) The Secretary of State must examine the accuracy and adequacy of the information— (a) contained in, or supplied with, an application; or (b) obtained or held by the Secretary of State, for the purposes of the initiation of an investigation, where there is no application, to determine whether it is sufficient to justify the initiation of an investigation under paragraph 9 of Schedule 4 to the Act.

109

Regulation 53 (publicising an application) has effect as if—

(a) for the heading of that regulation, there were substituted— “ Publicity ”;

(b) in paragraph (1), after “application”, there were inserted “ or that the Secretary of State is considering whether to make a decision under paragraph 9(1)(a)(ii) of Schedule 4 to the Act ”; and

110

Regulation 54 (registration of interest and the issuing of questionnaires) has effect as if, for paragraphs (2)(b) and (3)(b), there were substituted—

(b) all UK producers, importers and overseas exporters (or associations thereof) which— (i) the applicant UK industry has identified in their application; or (ii) where no application has been made, the Secretary of State has identified as being relevant to the investigation;

111

Regulation 61 (hearing) has effect as if, in paragraph (1)(b), for “its” there were substituted “the Secretary of State's”.

112

Regulation 65 (content of notices) has effect as if—

(a) in paragraph (3), for “recommendation regarding requiring”, there were substituted “ preliminary decision to require ”;

(b) in paragraph (4)—

(i) for “paragraph 15(4)(a) and (5)(a)”, there were substituted “ paragraph 15(3)(a) and (4)(a) ”;

(ii) for “acceptance or rejection of a recommendation requiring a guarantee”, there were substituted “ decision to give effect, or not to give effect, to a preliminary decision to require a guarantee ”;

(d) in paragraph (6)—

(i) for “paragraph 20(4)(a) and 20(5)(a)”, there were substituted “ paragraph 20(3)(a) and 20(4)(a) ”;

(ii) for “acceptance or rejection of the TRA's recommendation” there were substituted “ decision to give effect, or not to give effect, to a preliminary decision ”;

(e) paragraph (9) were omitted; and

(f) in paragraph (10), “paragraph (4) or (6) of” were omitted.

Modifications to Part 7

113

Regulation 67 (initiation of a review) has effect as if—

(a) in paragraphs (1)(b) and (2)(b), for “its”, there were substituted “the Secretary of State's”;

(b) in paragraph (7)(b), “the Secretary of State and” were omitted; and

114

Regulation 69 (interim review) has effect as if—

(a) in paragraph (2), for “its”, there were substituted “the Secretary of State's”;

(b) in paragraphs (6) and (11), for “determine”, there were substituted “ make a preliminary decision ”;

(d) for paragraph (10), there were substituted—

(10) The Secretary of State may only make a preliminary decision that the application of an anti-dumping amount or a countervailing amount be extended in accordance with this regulation, if the Secretary of State is satisfied that the application of an anti-dumping amount or a countervailing amount meets the economic interest test (see paragraph 25 of Schedule 4 to the Act) and, where the Secretary of State is not so satisfied, the Secretary of State must instead make a preliminary decision that the application of the anti-dumping amount or the countervailing amount to those goods should be revoked.

; and

(e) in paragraph (12), for “determines”, there were substituted “makes a preliminary decision.

115

Regulation 70 (expiry review) has effect as if—

(a) in paragraphs (2) and (7) to (9), for “determination”, there were substituted “ preliminary decision ”;

(b) in paragraph (9), for “accepted or rejected the TRA's recommendation in accordance with regulation 76 (acceptance or rejection of the TRA's recommendation by the Secretary of State)”, there were substituted “ decided to give effect to the preliminary decision (or not, as the case may be) in accordance with regulation 76 (Secretary of State's decision whether to give effect to a preliminary decision following the conclusion of a review) ”;

(d) for paragraph (12), there were substituted—

(12) The Secretary of State may only make a preliminary decision that the application of an anti-dumping amount or a countervailing amount be extended in accordance with this regulation, if the Secretary of State is satisfied that the application of an anti-dumping amount or a countervailing amount meets the economic interest test (see paragraph 25 of Schedule 4 to the Act).

116

Regulation 71 (new exporter review) has effect as if—

(a) in paragraph (5), sub-paragraph (a) (and the “and” after it) were omitted;

(b) in paragraph (6), for “determine”, there were substituted “ make a preliminary decision ”;

(d) for paragraph (8), there were substituted —

(8) If the Secretary of State makes a preliminary decision under paragraph (6)(b) or (c) in respect of an anti-dumping amount (and the Secretary of State has decided to give effect to that decision in accordance with regulation 76 (Secretary of State's decision whether to give effect to a preliminary decision following the conclusion of a review)), the Secretary of State may, by a public notice made under section 13 of the Act, apply the rate specified in the preliminary decision in respect of that new exporter from the date of the initiation of the review.

117

Regulation 72 (absorption review) has effect as if—

(a) in paragraph (4), for “determination”, in the first place it occurs, there were substituted “ preliminary decision ”;

(b) in paragraph (6), for “recommend the application of”, there were substituted “ make a preliminary decision to apply ”; and

118

Regulation 73 (circumvention review) has effect as if—

(a) in paragraph (7), for “determine”, there were substituted “ make a preliminary decision ”; and

(b) in paragraph (8), for “determination”, there were substituted “ preliminary decision ”.

119

Regulation 74 (scope review) has effect as if—

(a) in paragraph (2), for “its”, there were substituted “the Secretary of State's”; and

(b) in paragraph (5), for “determine”, there were substituted “ make a preliminary decision ”.

120

Chapter 3 of Part 7 (TRA recommendation and decision of the Secretary of State) has effect as if, for the heading of that Chapter, there were substituted— “ Secretary of State's decision whether to give effect to a preliminary decision ”.

121

Regulation 75 (TRA recommendation to the Secretary of State) has effect as if—

(a) for the heading of that regulation, there were substituted— “ Secretary of State's preliminary decision following the conclusion of a review ”; and

(b) for that regulation, there were substituted—

(75) (1) Following the conclusion of a review, where paragraph (2) applies, the preliminary decision made by the Secretary of State must include— (a) a description of the goods to which the preliminary decision relates; (b) the names of overseas exporters, or where impracticable, the exporting countries or territories; (c) where relevant, the period for which the anti-dumping amount or countervailing amount should be applicable, which must begin on the day after the date of publication of the public notice under section 13 of the Act giving effect to the preliminary decision, unless the Secretary of State makes a determination in accordance with paragraph (3); and (d) the reasons for the Secretary of State's preliminary decision. (2) This paragraph applies where the Secretary of State makes a preliminary decision that— (a) the application of an anti-dumping amount or a countervailing amount to some or all of the goods subject to review should be varied; (b) the application of an anti-dumping amount or a countervailing amount to some or all of the goods subject to review should be revoked; (c) the period of the application of an anti-dumping amount or a countervailing amount should be extended; or (d) an anti-dumping amount or a countervailing amount should be applied to a new exporter at a particular level. (3) The Secretary of State may, as part of a preliminary decision, determine that the application of a varied anti-dumping amount or countervailing amount should be applicable to goods from a date before the date set out in the public notice made under section 13 of the Act giving effect to the preliminary decision where— (a) the preliminary decision is in respect of a review in accordance with regulation 73 (circumvention review); and (b) the requirements set out in paragraph 21(10) of Schedule 4 to the Act are satisfied. (4) Where the Secretary of State makes a preliminary decision other than a preliminary decision referred to in paragraph (2), and decides to give effect to it, the Secretary of State must— (a) terminate the review; (b) publish a notice containing the information set out in paragraph 2 of Schedule 3; and (b) notify interested parties.

122

Regulation 76 (acceptance or rejection of the TRA's recommendation by the Secretary of State) has effect as if—

(a) for the heading of that regulation, there were substituted— “ Secretary of State's decision whether to give effect to a preliminary decision following the conclusion of a review ”; and

(b) for that regulation, there were substituted—

(76) (1) Where the Secretary of State makes a preliminary decision referred to in regulation 75(2) (Secretary of State's preliminary decisions following the conclusion of a review), the Secretary of State must decide whether to give effect to the preliminary decision. (2) The Secretary of State may decide not to give effect to the preliminary decision only if the Secretary of State is satisfied that it is not in the public interest to give effect to it. (3) Where the Secretary of State decides not to give effect to the preliminary decision, the Secretary of State must— (a) publish a notice containing the information set out in paragraph 3 or 4 of Schedule 3; (b) notify interested parties; and (c) lay a statement before the House of Commons setting out the reasons for deciding not to give effect to the preliminary decision. (4) Where the Secretary of State decides to give effect to the preliminary decision, the notice published by the Secretary of State under paragraph 21(7)(a) of Schedule 4 to the Act must contain the information set out in paragraph 3 or 4 of Schedule 3.

Modifications to Part 8

123

Regulation 77 (requests and offers of undertakings) has effect as if paragraph (1)(a) were omitted.

124

Regulation 78 (TRA's power to recommend acceptance of undertakings) has effect as if—

(a) for the heading of that regulation, there were substituted— “ Secretary of State's decision whether to accept undertakings ”;

(b) in paragraph (1)—

(i) for “The TRA may make a recommendation to the Secretary of State under paragraph 23(1) of Schedule 4 to the Act to accept an undertaking”, there were substituted “ The Secretary of State may accept an undertaking under paragraph 23(1) of Schedule 4 to the Act ”;

(ii) in sub-paragraph (d), for “requirements” there were substituted “ requirement ”;

(d) in paragraph (4), for “recommendation”—

(i) in the first place where it occurs, there were substituted “ decision ”; and

(ii) in the second place where it occurs, there were substituted “ preliminary decision ”.

125

Regulation 79 (Secretary of State's power to accept undertakings) has effect as if—

(a) paragraph (1) were omitted; and

(b) in paragraphs (2) and (3) for “the TRA's recommendation” there were substituted “ an undertaking ”.

126

Regulation 81 (the acceptance of a new undertaking in place of an existing undertaking) has effect as if, for “TRA's power to recommend acceptance of undertakings”, there were substituted “ Secretary of State's decision whether to accept undertakings ”.

127

Regulation 82 (undertakings ceasing to apply) has effect as if, in paragraph (1)(d), “the TRA notifies the Secretary of State that” were omitted.

128

Regulation 83 (breach of an undertaking) has effect as if—

(a) in paragraph (1)(a), “or the Secretary of State” were omitted; and

(b) in paragraphs (1)(b), for “its” there were substituted “the Secretary of State's”.

129

Regulation 84 (reviews by the TRA of the continuing application of an undertaking) has effect as if—

(a) in paragraph (2)(b), for “its”, there were substituted “the Secretary of State's”;

(b) paragraphs (6) and (7), were omitted;

(c) in paragraph (8), for “accepts the TRA's recommendation”, there were substituted “ makes a determination in accordance with paragraph (5)(b) to (e) ”; and

(d) in paragraph (9), for “rejects the TRA's recommendation”, there were substituted “ decides not to make a determination in accordance with paragraph (5)(b) to (e) ”.

Modifications to Part 9

130

Part 9 of these Regulations has effect as if, for that Part, there were substituted—

(85) (1) The Secretary of State may make a preliminary decision (a “preliminary suspension decision”) that the application of an anti-dumping amount or a countervailing amount be suspended for a specified period (the “period of suspension”) in relation to some or all of the goods specified in a public notice made by the Secretary of State under section 13 of the Act. (2) The Secretary of State may make a preliminary suspension decision where— (a) paragraph (3) applies; (b) the Secretary of State is satisfied that a suspension is appropriate; and (c) the applicant UK industry has been given the opportunity to comment on the suspension proposed in the application for suspension (see regulation 86). (3) This paragraph applies where the Secretary of State, whether or not as a consequence of considering an application in accordance with regulation 86 (application for suspension), considers that the circumstances in paragraph (4) exist. (4) Those circumstances are that— (a) market conditions have changed temporarily; and (b) as a consequence of the change in market conditions, the injury caused to a UK industry is unlikely to recur if the application of an anti-dumping amount or a countervailing amount were to be suspended. (5) In considering whether to make a preliminary suspension decision, the Secretary of State may take such steps as the Secretary of State considers appropriate. (6) Where the Secretary of State rejects an application for suspension, the Secretary of State must notify the applicant. (7) Where the Secretary of State decides that it is not appropriate to make a preliminary suspension decision, the Secretary of State must— (a) publish a notice of the reasons for this decision; and (b) notify interested parties. (8) Where the Secretary of State decides that it is appropriate to make a preliminary suspension decision, the preliminary suspension decision must include— (a) the reasons for the decision; (b) the period of suspension, which must begin on the day after the date of publication of the public notice under section 13 of the Act giving effect to the preliminary suspension decision; and (c) any other information the Secretary of State considers relevant. (9) If the Secretary of State makes a preliminary suspension decision, the Secretary of State must decide whether to give effect to the decision. (10) Where the Secretary of State decides to give effect to the preliminary suspension decision, the notice published by the Secretary of State under paragraph 26(6)(a) of Schedule 4 to the Act must contain the information set out in paragraph 1 of Schedule 5. (11) The Secretary of State may only decide not to give effect to a preliminary suspension decision where the Secretary of State considers that it is not in the public interest to give effect to it. (12) Where the Secretary of State decides not to give effect to a preliminary suspension decision, the Secretary of State must— (a) publish a notice containing the information set out in paragraph 1 of Schedule 5; (b) notify interested parties; and (c) lay a statement before the House of Commons setting out the reasons for deciding not to give effect to the preliminary suspension decision. (13) Where an anti-dumping amount or a countervailing amount is suspended under this Part, the period of suspension counts towards the specified period of the anti-dumping amount or countervailing amount as stated in the relevant public notice. (86) (1) An application for suspension of an anti-dumping amount or a countervailing amount in accordance with regulation 85 (suspension of an anti-dumping amount or a countervailing amount) (a “suspension application”) may be made to the Secretary of State by or on behalf of an interested party. (2) A suspension application to the Secretary of State must include as far as possible information regarding— (a) the change in the market conditions; (b) the temporary nature of that change; and (c) the effect of the change on UK industry. (3) Where a suspension application is withdrawn by the applicant, the Secretary of State may still consider whether it is appropriate to make a preliminary suspension decision (see regulation 85). (87) (1) The period of suspension referred to in regulation 85(1) must not exceed nine months commencing on the day after the publication of the public notice under section 13 of the Act giving effect to the suspension. (2) Following an application by an interested party or where the Secretary of State otherwise considers that it is appropriate, the Secretary of State may make a preliminary decision that the period of nine months in paragraph (1) be extended to a maximum of 21 months (“extended period of suspension”). (3) Where the Secretary of State makes a preliminary decision in accordance with paragraph (2), but the duration of the extended period of suspension in accordance with that decision is less than 21 months, the Secretary of State may make a further preliminary decision to increase the duration of the extended period of suspension where the Secretary of State considers it is appropriate to do so and provided that the overall duration of the extended period of suspension does not exceed 21 months. (4) Where the Secretary of State rejects an application for an extension of the period of suspension, the Secretary of State must notify the applicant. (5) Where the Secretary of State decides that it is not appropriate to make a preliminary decision to extend the period of suspension, the Secretary of State must— (a) publish a notice of the decision and the reasons for it; and (b) notify interested parties. (6) Where the Secretary of State decides that it is appropriate to make a preliminary decision to extend the period of suspension, the preliminary decision must include— (a) the reasons for the preliminary decision; (b) the extended period of suspension, which must begin on the day after the date of publication of the public notice under section 13 of the Act giving effect to the preliminary decision; and (c) any other information the Secretary of State considers relevant. (7) If the Secretary of State makes a preliminary decision in accordance with this regulation, the Secretary of State must decide whether to give effect to the preliminary decision. (8) Where the Secretary of State decides to give effect to a preliminary decision, the notice published by the Secretary of State under paragraph 26(6)(a) of Schedule 4 to the Act must contain the information set out in paragraph 3 of Schedule 5. (9) The Secretary of State may only decide not to give effect to a preliminary decision where the Secretary of State considers that it is not in the public interest to give effect to it. (10) Where the Secretary of State decides not to give effect to the preliminary decision, the Secretary of State must— (a) publish a notice containing the information set out in paragraph 3 of Schedule 5; (b) notify interested parties; and (c) lay a statement before the House of Commons setting out the reasons for deciding not to give effect to the preliminary decision. (88) (1) The Secretary of State may make a preliminary decision to reinstate an anti-dumping amount or a countervailing amount where the Secretary of State determines that the circumstances in regulation 85(4) no longer exist. (2) Where the Secretary of State makes a preliminary decision in accordance with this regulation, the preliminary decision must include— (a) the reasons for the preliminary decision; and (b) any other information the Secretary of State considers relevant. (3) If the Secretary of State makes a preliminary decision in accordance with this regulation, the Secretary of State must decide whether to give effect to the preliminary decision. (4) Where the Secretary of State decides to give effect to a preliminary decision, the Secretary of State must— (a) publish a public notice under section 13 of the Act containing the information set out in paragraph 4 of Schedule 5; and (b) notify interested parties. (5) The Secretary of State may only decide not to give effect to a preliminary decision where the Secretary of State considers that it is not in the public interest to give effect to it. (6) Where the Secretary of State decides not to give effect to a preliminary decision, the Secretary of State must— (a) publish a notice containing the information set out in paragraph 4 of Schedule 5; (b) notify interested parties; and (c) lay a statement before the House of Commons setting out the reasons for deciding not to make the preliminary decision.

Modifications to Part 11

131

Regulation 90 (extension of the period of a provisional remedy in a dumping investigation) has effect as if, for that regulation, there were substituted—

(90) (1) The Secretary of State may make a preliminary decision that the period of a provisional remedy, which has been applied in respect of goods in the case of a dumping investigation, be extended (a “preliminary extension decision”). (2) The Secretary of State may only make a preliminary extension decision where— (a) paragraph (3) or (4) applies; and (b) the Secretary of State is satisfied that the extension meets the economic interest test (see paragraph 25 of Schedule 4 to the Act). (3) This paragraph applies where the Secretary of State receives a request to extend the period of the provisional remedy from or on behalf of overseas exporters representing a significant volume of the dumped goods. (4) This paragraph applies where— (a) the Secretary of State considers that extending the period of the provisional remedy is appropriate in the circumstances; (b) the Secretary of State issues a notification to overseas exporters notifying them that the Secretary of State considers it appropriate to extend the period of the provisional remedy (“proposed extension”); and (c) overseas exporters representing a significant volume of the dumped goods do not object to the proposed extension. (5) A preliminary extension decision must include— (a) a description of the goods to which the decision relates; (b) the overseas exporters that support or do not object to the extension; (c) the period of extension, which must not exceed the period referred to in paragraph 16(2) of Schedule 4 to the Act and which must begin on the day on which the provisional remedy would otherwise have expired; and (d) the reasons for the decision. (6) If the Secretary of State makes a preliminary extension decision, the Secretary of State must decide whether to give effect to the preliminary extension decision. (7) The Secretary of State may only decide not to give effect to a preliminary extension decision, where the Secretary of State is satisfied that it is not in the public interest to give effect to it. (8) Where the Secretary of State decides to give effect to a preliminary extension decision, the Secretary of State must— (a) publish a notice containing the information set out in paragraph 1 of Schedule 6; and (b) notify interested parties. (9) Where the Secretary of State decides not to give effect to a preliminary extension decision, the Secretary of State must— (a) publish a notice containing the information set out in paragraph 1 of Schedule 6; (b) notify interested parties; and (c) lay a statement before the House of Commons setting out the reasons for deciding not to give effect to the preliminary extension decision.

132

Regulation 91 (relevant period in a dumping investigation) has effect as if—

(a) in paragraph (1), for “recommend”, there were substituted “ determine, as part of making a preliminary decision, ”; and

(b) in paragraph (3), for “recommendation”, there were substituted “ determination ”.

133

Regulation 92 (relevant period in a subsidisation investigation) has effect as if, in paragraphs (1) and (2)(c), for “recommend”, there were substituted “ determine, as part of making a preliminary decision, ”.

Modifications to Part 12

134

Part 12 has effect as if for “recommendation”, in each place where it occurs, there were substituted “preliminary decision”.

135

Regulation 98A(2) has effect as if sub-paragraph (b) were omitted.

136

Regulation 100(1) has effect as if the words “to the Secretary of State” were omitted.

137

Regulation 101 has effect as if—

(a) for “accept”, there were substituted “give effect to”;

(b) paragraph (2) were omitted.

Modifications to Schedule 2

138

Schedule 2 (content of notices) has effect as if—

(a) in paragraph 1(g), “in the application” were omitted;

(b) in paragraph 3—

(i) in the heading before that paragraph, for “recommendation regarding requiring”, there were substituted “ preliminary decision to require ”;

(ii) in sub-paragraph (d), for “determined that there is no recommendation”, there were substituted “ decided that there is no preliminary decision ”;

(i) in the heading before that paragraph, for “accepting or rejecting a recommendation by the TRA regarding requiring”, there were substituted “ deciding to give effect, or not to give effect, to a preliminary decision to require ”;

(ii) in sub-paragraph (f), for “recommendation regarding requiring”, there were substituted “ preliminary decision to require ”;

(iii) in sub-paragraph (g), for “accepts the TRA's recommendation”, there were substituted “ decides to give effect to the preliminary decision ”;

(iv) in sub-paragraph (h)—

(aa) for “rejects the TRA's recommendation”, there were substituted “ decides not to give effect to the preliminary decision ”;

(bb) for “rejection”, there were substituted “ decision ”;

(d) in paragraph 5—

(i) in the heading before that paragraph, for “recommendation”, there were substituted “ preliminary decision ”;

(ii) in sub-paragraph (e), for “determined that there is no recommendation”, there were substituted “ decided that there is no preliminary decision ”; and

(e) in paragraph 6—

(i) in the heading before that paragraph, for the words “accepting or rejecting a recommendation by the TRA”, there were substituted “ deciding to give effect, or not to give effect, to a preliminary decision ”;

(ii) in sub-paragraph (d), for “recommendation”, there were substituted “ preliminary decision ”;

(iii) in sub-paragraph (e), for “accepts the TRA's recommendation”, there were substituted “ decides to give effect to the preliminary decision ”;

(iv) in sub-paragraph (f)—

(aa) for the words “rejects the TRA's recommendation”, there were substituted “ decides not to give effect to the preliminary decision ”;

(bb) in paragraph (i), for “rejection”, there were substituted “ decision ”;

(v) in sub-paragraph (g)—

(aa) “the TRA's recommendation on accepting” were omitted; and

(bb) in paragraph (i), for “recommendation”, there were substituted “ undertaking ”; and

(vi) in sub-paragraph (h)—

(aa) “the TRA's recommendation on accepting” were omitted; and

(bb) in paragraph (ii), for “recommendation”, there were substituted “ undertaking ”.

Modifications to Schedule 3

139

Schedule 3 (content of reviews notices) has effect as if, in paragraphs 3 and 4—

(a) in the headings before those paragraphs, in each case, for “accepting or rejecting a recommendation by the TRA”, there were substituted “ deciding to give effect, or not to give effect, to a preliminary decision ”;

(b) for “regulation 76(4)(a) or (5)”, in each case, there were substituted “ regulation 76(3)(a) or (4) ”;

(d) in sub-paragraph (e), in each case, for “accepts the TRA's recommendation”, there were substituted “ decides to give effect to the preliminary decision ”; and

(e) in sub-paragraph (f), in each case—

(i) for “rejects the TRA's recommendation”, there were substituted “ decides not to give effect to the preliminary decision ”; and

(ii) for “rejection”, there were substituted “ decision ”.

Modifications to Schedule 4

140

Schedule 4 (content of undertakings notices) has effect as if —

(a) in paragraph 1—

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