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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

Source legislation.gov.uk

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(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—

(i) in the heading before that paragraph, “accepting a recommendation by the TRA” were omitted;

(ii) in sub-paragraph (b), for “acceptance of the TRA's recommendation”, there were substituted “ decision to give effect to a determination ”;

(iii) sub-paragraph (e) were omitted; and

(iv) in sub-paragraph (f), for “TRA's recommendation” there were substituted “ undertaking ”; and

(b) in paragraph 4—

(i) in the heading before that paragraph, “accepting a recommendation by the TRA” were omitted;

(ii) sub-paragraph (e) were omitted;

(iii) in sub-paragraph (f), for “decision to accept the TRA's recommendation”, there were substituted “ determination ”; and

(iv) in sub-paragraph (g), for “decision”, there were substituted “ determination ”.

Modifications to Schedule 5

141

Schedule 5 (content of suspension notices) has effect as if—

(a) in paragraphs 1, 3 and 4—

(i) in the headings of those paragraphs 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 ”;

(ii) in sub-paragraphs (b) and (c) of each paragraph, for “recommendation”, there were substituted “ preliminary decision ”;

(iii) in sub-paragraph (d) of each paragraph, for “accept or reject the recommendation”, there were substituted “ give effect, or not to give effect, to the preliminary decision ”;

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

(v) in sub-paragraph (f) of each paragraph—

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

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

(b) in paragraph 4(e)(ii), for “recommendation”, there were substituted “ preliminary decision ”

Modifications to Schedule 6

142

Schedule 6 (content of notices concerning extensions of provisional remedies) has effect as if, in paragraph 1—

(a) for “regulation 90(9)(a) or (10)(a)”, there were substituted “ regulation 90(8)(a) or (9)(a) ”;

(b) in the heading, 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 ”;

(d) in sub-paragraph (d), for “accept or reject the recommendation”, there were substituted “ give effect, or not to give effect, to the preliminary decision ”;

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

(f) in sub-paragraph (f)—

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

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

SCHEDULE 1 — Content of applications

Content of an application for the initiation of a dumping investigation

1

For the purpose of regulation 50(1), the information to be contained in an application for the initiation of a dumping investigation is—

(a) a description of the goods in relation to which the applicant UK industry is requesting an investigation, including their—

(i) technical characteristics;

(ii) current tariff classification;

(b) a statement identifying the exporting country or territory;

(d) details of all known importers in the United Kingdom of the goods identified;

(e) details of all known UK producers of the like goods (see paragraph 7 of Schedule 4 to the Act), or associations of such UK producers;

(f) the level of UK industry support for or opposition to the application, including—

(i) the total volume and value of production in the United Kingdom of the like goods;

(ii) the applicant UK industry's volume and value of production in the United Kingdom of the like goods;

(iii) the volume and value of production in the United Kingdom of the like goods by each identified UK producer, or associations of such UK producers;

(iv) each identified UK producer's support or opposition to the application;

(g) information that the goods identified have been or are being dumped within the meaning of Part 1 of these Regulations;

(h) information on the volume of importation of the goods identified;

(i) information that the importation of the goods identified has caused or is causing injury to UK industry within the meaning of Part 4 of these Regulations, including—

(i) the evolution of the volume of importation of the goods identified;

(ii) the effect of such importation on the prices of the like goods which are produced in the United Kingdom;

(iii) the impact of such importation on UK industry;

(j) information that the market share requirement is met.

Content of an application for the initiation of a subsidisation investigation

2

For the purpose of regulation 50(2), the information to be contained in an application for the initiation of a subsidisation investigation is—

(a) a description of the goods in relation to which the applicant is requesting an investigation, including their—

(i) technical characteristics;

(ii) current tariff classification;

(b) a statement identifying the exporting country or territory;

(d) details of all known importers in the United Kingdom of the goods identified;

(e) details of the applicant UK industry, including details of all known UK producers of the like goods (see paragraph 7 of Schedule 4 to the Act), or associations of such UK producers;

(f) the level of UK industry support for or opposition to the application, including—

(i) the total volume and value of production in the United Kingdom of the like goods;

(ii) the applicant UK industry's volume and value of production in the United Kingdom of the like goods;

(iii) the volume and value of production in the United Kingdom of the like goods by each identified UK producer, or associations of such UK producers;

(iv) each identified UK producer's support or opposition to the application;

(g) information that the goods identified, which are imported into the United Kingdom, have been or are being subsidised within the meaning of Part 3 of these Regulations;

(h) information on the volume of the importation of the goods identified;

(i) information that the importation of the goods identified has caused or is causing injury to UK industry within the meaning of Part 4 of these Regulations, including—

(i) the evolution of the volume of importation of the goods identified;

(ii) the effect of such importation on the prices of the like goods which are produced in the United Kingdom;

(iii) the impact of such importation on UK industry;

(j) information that the market share requirement is met.

SCHEDULE 2 — Content of notices

Notice of initiation of a dumping investigation

1

The information referred to in regulation 65(1) is—

(a) where applicable, the contact details of the applicant UK industry, unless the TRA is treating such information as confidential in accordance with regulation 45 (confidential information);

(b) the date of initiation of the investigation;

(d) a description of the goods concerned;

(e) a description of the like goods;

(f) where applicable, a description of the UK industry on behalf of which the application is made;

(g) the basis on which dumping is alleged in the application;

(h) a summary of the factors on which the allegation of injury is based;

(i) where the TRA considers that it may be appropriate to use a sampling process in accordance with regulation 56 (the use of sampling in respect of Part 2 of these Regulations) or 57 (the use of sampling in respect of Parts 3, 4 and 5 of these Regulations), a statement to that effect;

(j) the period of investigation;

(k) a summary of the investigation process;

(l) the address of the TRA to which comments by interested parties or persons with sufficient interest in the investigation are to be delivered, or the means by which such comments are to be delivered;

(m) details of a registration period during which interested parties, or any other person, may make themselves known to the TRA;

(n) a statement that interested parties may request the TRA to conduct a hearing.

Notice of initiation of a subsidisation investigation

2

The information referred to in regulation 65(2) is—

(a) where applicable, the contact details of the applicant UK industry, unless the TRA is treating such information as confidential in accordance with regulation 45 (confidential information);

(b) the date of initiation of the investigation;

(d) a description of the goods concerned;

(e) a description of the like goods;

(f) where applicable, a description of the UK industry on behalf of which the application is made;

(g) a description of the alleged subsidy practice to be investigated;

(h) a summary of the factors on which the allegation of injury is based;

(i) where the TRA considers that it may be appropriate to use a sampling process in accordance with regulation 57 (the use of sampling in respect of Parts 3, 4 and 5 of these Regulations), a statement to that effect;

(j) the period of investigation;

(k) a summary of the investigation process;

(l) the address of the TRA to which comments by interested parties and persons with sufficient interest in the investigation are to be delivered, or the means by which such comments are to be delivered;

(m) details of a registration period during which interested parties, or any other person, may make themselves known to the TRA;

(n) a statement that interested parties may request the TRA to conduct a hearing.

Notice of a provisional affirmative determination with no recommendation regarding requiring a guarantee

3

The information referred to in regulation 65(3) is—

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

(b) a summary of the investigation to date and the expected future stages of the investigation;

(d) the reasons why the TRA has determined that there is no recommendation that it could make under paragraph 13(3) of Schedule 4 to the Act.

Notice of the Secretary of State accepting or rejecting a recommendation by the TRA regarding requiring a guarantee

4

The information referred to in regulation 65(4) is—

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

(b) a summary of the investigation to date and the expected future stages of the investigation;

(d) details of exclusion of goods from the requirement to give a guarantee, if any;

(e) the reasons for the TRA's provisional affirmative determination;

(f) the reasons for the TRA's recommendation regarding requiring a guarantee;

(g) where the Secretary of State accepts the TRA's recommendation, the date the notice comes into effect;

(h) where the Secretary of State rejects the TRA’s recommendation—

(i) and makes a decision under paragraph 15(3B) of Schedule 4 to the Act—

(aa) that such notice is a public notice made under section 13 of the Act;

(bb) the date the notice comes into effect;

(cc) the reasons for the Secretary of State’s rejection and for requiring importers to give a guarantee other than in accordance with the recommendation;

(ii) and does not make a decision under paragraph 15(3B) of Schedule 4 to the Act, the reasons for the Secretary of State’s rejection.

Notice of a final affirmative determination with no recommendation on an anti-dumping amount or a countervailing amount

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Notice of the Secretary of State accepting or rejecting a recommendation by the TRA on an anti-dumping amount or a countervailing amount

6

The information referred to in regulation 65(6) is—

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

(b) a summary of the investigation;

(d) the reasons for the TRA's recommendation on an anti-dumping amount or a countervailing amount;

(e) where the Secretary of State accepts the TRA's recommendation—

(i) that such notice is a public notice made under section 13 of the Act;

(ii) a specified period for which the anti-dumping amount or countervailing amount is applicable (see paragraph 17(3)(a) or 17(4)(a) of Schedule 4 to the Act);

(iii) where applicable, the relevant date and the relevant period (see paragraph 19 of Schedule 4 to the Act);

(f) where the Secretary of State rejects the TRA’s recommendation—

(i) and makes a decision under paragraph 20A(2) of Schedule 4 to the Act—

(aa) that such notice is a public notice made under section 13 of the Act;

(bb) the reasons for the Secretary of State’s rejection and for applying a measure other than in accordance with the recommendation;

(cc) a specified period for which the anti-dumping amount or countervailing amount is applicable;

(dd) where applicable, the relevant date and the relevant period;

(ii) and does not make a decision under paragraph 20A(2) of Schedule 4 to the Act—

(aa) the reasons for the Secretary of State’s rejection;

(bb) the date the notice comes into effect;

(g) where the Secretary of State accepts the TRA's recommendation on accepting an undertaking—

(i) a reference to the relevant notice made under regulation 79(2)(a) on the Secretary of State's acceptance of the recommendation;

(ii) a statement that the dumped goods or subsidised imports are exempt from the application of an anti-dumping amount or a countervailing amount whilst the undertaking is in force;

(iii) details of the consequences of a breach of the undertaking;

(h) where the Secretary of State rejects the TRA's recommendation on accepting an undertaking—

(i) the fact that an undertaking was offered;

(ii) the reasons for the rejection of the recommendation.

Notice of a final negative determination

7

The information referred to in regulation 65(7) is—

(a) a summary of the investigation;

(b) the date the notice comes into effect;

Notice of termination

8

The information referred to in regulation 65(8) ... is—

(a) a summary of the investigation to date;

(b) the date the notice comes into effect;

Notice of repayment of an anti-dumping amount or a countervailing amount

9

The notice in regulation 89(8)(c) must include—

(a) the amount of the repayment;

(b) the goods in respect of which the repayment is due;

SCHEDULE 3 — Content of reviews notices

Notice of initiation of a review

1

The information to be contained in a notice referred to in regulation 67(8) is as follows, except in the case of an early review, in which case only sub-paragraphs (a) to (g) and (j) to (m) apply —

(a) details of the content of the relevant notice referred to in regulation 65(6);

(b) where applicable, the contact details for or on behalf of the review applicant, unless the TRA is treating such information as confidential in accordance with regulation 45 (confidential information);

(d) description of the goods subject to review;

(e) the name of any person known to the TRA to import or export the goods subject to review or the goods subject to the application of an anti-dumping amount or a countervailing amount;

(f) the type of review initiated;

(g) the date of initiation of the review;

(h) the period of investigation for the review;

(i) where applicable, a description of the UK industry on behalf of which the review application is made;

(j) a summary of the reasons for initiating a review;

(k) a summary of the issues involved in the review;

(l) a summary of the review process;

(m) the address of the TRA to which comments by interested parties and persons with sufficient interest in the review is to be delivered, or the means by which such comments are to be delivered;

(n) details of a registration period during which interested parties, or any other person, may make themselves known to the TRA;

(o) a statement that interested parties may request that the TRA conduct a hearing.

Notice of termination of a review

2

The information to be contained in a notice referred to in regulation 75(4) or 97B(3) is—

(a) a summary of the review;

(b) the date of publication of the notice;

Notice of the Secretary of State accepting or rejecting a recommendation by the TRA on the variation of an anti-dumping amount or a countervailing amount

3

The information to be contained in a notice referred to in regulation 76(4)(a) or (5) or regulation 76A(5)(a) is—

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

(b) a summary of the review;

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

(e) where the Secretary of State accepts the TRA's recommendation—

(i) that such notice is a public notice made under section 13 of the Act;

(ii) a specified period during which the varied anti-dumping amount or countervailing amount is applicable;

(iii) details of any exemptions from the application of the anti-dumping amount or countervailing amount;

(f) where the Secretary of State rejects the TRA’s recommendation—

(i) and makes a decision under regulation 76A(2)—

(aa) that such notice is a public notice made under section 13 of the Act;

(bb) the reasons for the Secretary of State’s rejection and for applying a measure other than in accordance with the recommendation, or revoking it;

(cc) where applicable, the varied anti-dumping amount or countervailing amount;

(dd) where applicable, a specified period during which the varied anti-dumping amount or countervailing amount is applicable;

(ee) where applicable, details of any exemptions from the application of the anti-dumping amount or countervailing amount;

(ii) and does not make a decision under paragraph 76A(2), the reasons for the Secretary of State’s rejection.

Notice of the Secretary of State accepting or rejecting a recommendation by the TRA on the variation of an anti-dumping amount or a countervailing amount

4

The information to be contained in a notice referred to in regulation 76(4)(a) or (5) is—

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

(b) a summary of the review;

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

(e) where the Secretary of State accepts the TRA's recommendation—

(i) that such notice is a public notice made under section 13 of the Act;

(ii) the date that the notice takes effect, which must be the day after the date of publication of the notice;

(f) where the Secretary of State rejects the TRA's recommendation, the reasons for the Secretary of State's rejection.

SCHEDULE 4 — Content of undertakings notices

Notice of the Secretary of State accepting a recommendation by the TRA on accepting an undertaking

1

The information to be contained in a notice referred to in regulation 79(2)(a) is—

(a) a non-confidential version of the undertaking;

(b) a reference to the relevant notice made under regulation 65(6) on the Secretary of State's acceptance of the TRA's recommendation;

(d) the name(s) of the parties to the undertaking;

(e) the reasons for the TRA's recommendation to accept an undertaking;

(f) the reasons for the Secretary of State's acceptance of the TRA's recommendation;

(g) the date that the undertaking comes into effect;

(h) the period for which the undertaking applies;

(i) where relevant, the anti-dumping amount or countervailing amount applicable in the event the undertaking ceases to apply.

Notice of the Secretary of State that an undertaking ceases to apply

2

The information to be contained in a notice referred to in regulation 82(2)(a) is—

(a) a reference to the relevant parallel notice made under regulation 65(6);

(b) a description of the goods to which the notice relates;

(d) the reasons why the undertaking ceases to apply;

(e) details of the consequences of the undertaking ceasing to apply.

Notice that the acceptance of an undertaking is withdrawn following a breach of the undertaking

3

The information to be contained in a notice referred to in regulation 83(6) is—

(a) a reference to the relevant parallel notice made under regulation 65(6);

(b) a description of the goods to which the notice relates;

(d) the TRA's determination following the breach investigation;

(e) the date of the breach as determined by the TRA;

(f) details of the consequences of the undertaking ceasing to apply.

Notice of the Secretary of State accepting a recommendation by the TRA regarding the continuing application of an undertaking

4

The information to be contained in a notice referred to in regulation 84(8)(a) is—

(a) a reference to the relevant parallel notice made under regulation 65(6);

(b) a description of the goods to which the notice relates;

(d) a summary of the review;

(e) the TRA's recommendation;

(f) the Secretary of State's decision to accept the TRA's recommendation;

(g) details of the consequences of the Secretary of State's decision.

SCHEDULE 5 — Content of suspension notices

Notice of the Secretary of State accepting or rejecting a recommendation by the TRA regarding suspension

1

The information to be contained in a notice referred to in regulation 85(10) , (11C) or (12)(a) is—

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

(b) the TRA's recommendation;

(d) the Secretary of State's decision to accept or reject the recommendation and the reasons for the decision;

(e) where the Secretary of State accepts the TRA's recommendation—

(i) that such notice is a public notice under section 13 of the Act;

(ii) the period of suspension;

(f) where the Secretary of State rejects the TRA’s recommendation and makes a decision under regulation 85(11B)—

(i) that such notice is a public notice made under section 13 of the Act;

(ii) the reasons for suspending the measure other than in accordance with the recommendation;

(iii) the period of suspension.

Notice of rejection of an application for an extension of the period of suspension

2

The information to be contained in a notice referred to in regulation 87(4) is the reasons for rejecting the application.

Notice of the Secretary of State accepting or rejecting a recommendation by the TRA regarding an extension of the period of suspension

3

The information to be contained in a notice referred to in regulation 87(8) , (9D) or (10)(a) is—

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

(b) the TRA's recommendation;

(d) the Secretary of State's decision to accept or reject the recommendation and the reasons for the decision;

(e) where the Secretary of State accepts the TRA's recommendation—

(i) that such notice is a public notice under section 13 of the Act;

(ii) the period of suspension;

(f) where the Secretary of State rejects the TRA’s recommendation and makes a decision under regulation 87(9B)—

(i) that such notice is a public notice made under section 13 of the Act;

(ii) the reasons for extending a period of suspension other than in accordance with the recommendation;

(iii) the period of suspension.

Notice of the Secretary of State accepting or rejecting a recommendation by the TRA regarding reinstatement of an anti-dumping amount or a countervailing amount

4

The information to be contained in a notice referred to in regulation 88(4)(a) or (6)(a) is—

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

(b) the TRA's recommendation;

(d) the Secretary of State's decision to accept or reject the recommendation and the reasons for the decision;

(e) where the Secretary of State accepts the TRA's recommendation—

(i) that such notice is a public notice under section 13 of the Act;

(ii) the date that the notice takes effect, which must be the day after the date of publication of the public notice under section 13 of the Act giving effect to the recommendation;

(f) where the Secretary of State rejects the TRA's recommendation, the reasons for the Secretary of State's rejection.

SCHEDULE 6 — Content of notices concerning extensions of provisional remedies

Notice of the Secretary of State accepting or rejecting a recommendation by the TRA regarding an extension of the period of a provisional remedy in a dumping investigation

1

The information to be contained in a notice referred to in regulation 90(9)(a) or (10)(a) is—

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

(b) the TRA's recommendation;

(d) the Secretary of State's decision to accept or reject the recommendation and the reasons for the decision;

(e) where the Secretary of State accepts the TRA's recommendation—

(i) that such notice is a revised notice under paragraph 15(5)(b) of Schedule 4 to the Act;

(ii) the revised period of the provisional remedy;

(iii) the date the notice comes into effect;

(f) where the Secretary of State rejects the TRA’s recommendation—

(i) and makes a decision under regulation 90A(2)—

(aa) that such notice is a revised notice under paragraph 15(5)(b) of Schedule 4 to the Act;

(bb) the revised period of the provisional remedy;

(cc) the date the notice comes into effect;

(dd) the reasons for extending the period of a provisional remedy other than in accordance with the extension recommendation;

(ii) and does not make a decision under paragraph 90A(2), the reasons for the Secretary of State’s rejection.

Signed

Signed by authority of Secretary of State for International Trade

Graham Stuart — Parliamentary Under-Secretary of State for Investment

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: 2018 c.22.

[^f00002]: 1971 c.80.

[^f00003]: S.I 2018/1248

[^f00004]: S.I. 2018/1248.

[^f00005]: Available from: https://www.wto.org/english/docs_e/legal_e/legal_e.htm.

[^f00006]: S.I. 2018/1248

[^f00007]: OJ No L 176, 30.6.16, p 21.

[^f00008]: OJ No L 176, 30.6.16, p 55.

[^f00009]: 2018 c.22

[^f00010]: OJ No L 176, 30.6.16, p 21.

[^f00011]: OJ No L 176, 30.6.16, p 55.

Modifications to Part 7

Modifications to Part 8

Modifications to Part 9

Modifications to Part 11

Modifications to Part 12

Modifications to Schedule 2

Modifications to Schedule 3

Modifications to Schedule 4

Modifications to Schedule 5

Modifications to Schedule 6

Editorial notes

[^c24288031]: 2018 c.22.

[^c24288041]: 1971 c.80.

[^c24288051]: S.I 2018/1248

[^c24288061]: S.I. 2018/1248.

[^c24288071]: Available from: https://www.wto.org/english/docs_e/legal_e/legal_e.htm.

[^c24288081]: S.I. 2018/1248

[^c24288111]: 2018 c.22

[^c24288121]: OJ No L 176, 30.6.16, p 21.

[^c24288131]: OJ No L 176, 30.6.16, p 55.

[^key-957f6ddf6fc16197051a1967bb0e6502]: Reg. 1 in force at 6.3.2019, see reg. 1(2)

[^key-d8b0267c0da04aee92188c964c5d6145]: Reg. 2 in force at 6.3.2019, see reg. 1(2)

[^key-8462e2791bb8f86b4517ee2844564052]: Reg. 3 in force at 6.3.2019, see reg. 1(2)

[^key-66ff1c2e1e2a52b7db7eff104a26c5f3]: Reg. 4 in force at 6.3.2019, see reg. 1(2)

[^key-e7ab3f64cddb93edd434317d338a3273]: Reg. 5 in force at 6.3.2019, see reg. 1(2)

[^key-1ae520be2f94702351b38a278c2dad64]: Reg. 6 in force at 6.3.2019, see reg. 1(2)

[^key-3c47226f97ab67ecade228a6c0795b00]: Reg. 7 in force at 6.3.2019, see reg. 1(2)

[^key-bd6e1b50f76338e225a45dca91c20540]: Reg. 8 in force at 6.3.2019, see reg. 1(2)

[^key-36fd3375ae1601209d798d234bb45632]: Reg. 9 in force at 6.3.2019, see reg. 1(2)

[^key-cbcb0e574127d5b08aa4b58f3f4caa4f]: Reg. 10 in force at 6.3.2019, see reg. 1(2)

[^key-c73dced2671fdf631b8c43c99000ab62]: Reg. 11 in force at 6.3.2019, see reg. 1(2)

[^key-2bcabda6fd1f5b3823208f8588e5854b]: Reg. 12 in force at 6.3.2019, see reg. 1(2)

[^key-cf35b905dbfb2e9ab5f61b2589e2b7a4]: Reg. 13 in force at 6.3.2019, see reg. 1(2)

[^key-108ca15556b035deccbfd37f949e02ff]: Reg. 14 in force at 6.3.2019, see reg. 1(2)

[^key-05fc5d154b1209f5eb4dc4928f9fc1db]: Reg. 15 in force at 6.3.2019, see reg. 1(2)

[^key-e94327a47c6f4b9ee8b344c05c078d44]: Reg. 16 in force at 6.3.2019, see reg. 1(2)

[^key-8c462ad75e4d4a8e580dc18eb752656d]: Reg. 17 in force at 6.3.2019, see reg. 1(2)

[^key-0c275d6212f217bbdc77b7e2c1015e10]: Reg. 18 in force at 6.3.2019, see reg. 1(2)

[^key-5d8c1f7cd9a768c1fb4530a261c290dd]: Reg. 19 in force at 6.3.2019, see reg. 1(2)

[^key-85b3fbf5086af3ecb0cdec72c36318b6]: Reg. 20 in force at 6.3.2019, see reg. 1(2)

[^key-a3a4eea75f2c864f499e6bae85bd8887]: Reg. 21 in force at 6.3.2019, see reg. 1(2)

[^key-42c395cadcb2ac138d6c22eaf8fd11d4]: Reg. 22 in force at 6.3.2019, see reg. 1(2)

[^key-e06692d65f94f1d6cc99a57f369e5131]: Reg. 23 in force at 6.3.2019, see reg. 1(2)

[^key-eeb6457322b786616204ef644fe51435]: Reg. 24 in force at 6.3.2019, see reg. 1(2)

[^key-8e08d34e5538dce2393e3cda02ecd78e]: Reg. 25 in force at 6.3.2019, see reg. 1(2)

[^key-f0fb07fa7d99566f4da2cc0428e585de]: Reg. 26 in force at 6.3.2019, see reg. 1(2)

[^key-56b8616f007c54436dbb9a53d182941b]: Reg. 27 in force at 6.3.2019, see reg. 1(2)

[^key-f8fc6963e46f555b5d08030a76b888e3]: Reg. 28 in force at 6.3.2019, see reg. 1(2)

[^key-2858bdab023fa6a9b06d91bd9cfc0e30]: Reg. 29 in force at 6.3.2019, see reg. 1(2)

[^key-1c9859294ab23d64f17cda39aea859ca]: Reg. 30 in force at 6.3.2019, see reg. 1(2)

[^key-c650959ec844e240547b83d57d7bac38]: Reg. 31 in force at 6.3.2019, see reg. 1(2)

[^key-e213fd469d49f404670b51d1974667b1]: Reg. 32 in force at 6.3.2019, see reg. 1(2)

[^key-26de940bd4f600edfa61edf69a061426]: Reg. 33 in force at 6.3.2019, see reg. 1(2)

[^key-d88e3ac8e36e0d06d8e3877e368c9aa2]: Reg. 34 in force at 6.3.2019, see reg. 1(2)

[^key-a3851c4a411ac81340aa91d1ec134152]: Reg. 35 in force at 6.3.2019, see reg. 1(2)

[^key-3541e01c3bfc409c2cf672b426777593]: Reg. 36 in force at 6.3.2019, see reg. 1(2)

[^key-00d224bbb706b995e79a5ab11279e5d9]: Reg. 37 in force at 6.3.2019, see reg. 1(2)

[^key-c722ac6ba70b7dbd4f32f7e826967b0b]: Reg. 38 in force at 6.3.2019, see reg. 1(2)

[^key-8bc7946b765ab67b92de48b59a563596]: Reg. 39 in force at 6.3.2019, see reg. 1(2)

[^key-dbb1c5cbbd39c7a620cf9417f3037861]: Reg. 40 in force at 6.3.2019, see reg. 1(2)

[^key-a4a8cb9681686bb56e391cb6acdd8bcd]: Reg. 41 in force at 6.3.2019, see reg. 1(2)

[^key-9f10b10343f30138b63f12e3cdf962cd]: Reg. 42 in force at 6.3.2019, see reg. 1(2)

[^key-0cb8cea43d3fd2d403d46b44423ddb15]: Reg. 43 in force at 6.3.2019, see reg. 1(2)

[^key-f56fa6660df20cc0592999cdbc6f422c]: Reg. 44 in force at 6.3.2019, see reg. 1(2)

[^key-74c4c93b1859e8804146a25b280a40b8]: Reg. 45 in force at 6.3.2019, see reg. 1(2)

[^key-8eb034ce02f0fb502e769953223d5655]: Reg. 46 in force at 6.3.2019, see reg. 1(2)

[^key-223e33cdf48775321191820691cf495f]: Reg. 47 in force at 6.3.2019, see reg. 1(2)

[^key-85d45ead3e48fc1dca47168fef5bf32f]: Reg. 48 in force at 6.3.2019, see reg. 1(2)

[^key-2082523f4c5c98a6963558235bef16a2]: Reg. 49 in force at 6.3.2019, see reg. 1(2)

[^key-4280ea4a6a13307fa6161b219fa27b57]: Reg. 50 in force at 6.3.2019, see reg. 1(2)

[^key-76d20bbe27519fe12cfdbaf73b34ae8f]: Reg. 51 in force at 6.3.2019, see reg. 1(2)

[^key-74bbe109dcfe20cae780500026a486b0]: Reg. 52 in force at 6.3.2019, see reg. 1(2)

[^key-d20826694ad91ac2eb9ac86f4a0441c2]: Reg. 53 in force at 6.3.2019, see reg. 1(2)

[^key-922d5f3772791ea21d91ded632c9715c]: Reg. 54 in force at 6.3.2019, see reg. 1(2)

[^key-30f8aa0f2b269a16f7c78ab4d53cfbd5]: Reg. 55 in force at 6.3.2019, see reg. 1(2)

[^key-6bdc7fbb8d15f462c609e1a843df7007]: Reg. 56 in force at 6.3.2019, see reg. 1(2)

[^key-74c62b3da3e64450208fe2047ccd35bd]: Reg. 57 in force at 6.3.2019, see reg. 1(2)

[^key-430ace83ece53f87a762cc3a4561e3aa]: Reg. 58 in force at 6.3.2019, see reg. 1(2)

[^key-25ecfbd08f3f9ebe3f682b76e5e94ca2]: Reg. 59 in force at 6.3.2019, see reg. 1(2)

[^key-ab6f454504109c97bfd1907624e40382]: Reg. 60 in force at 6.3.2019, see reg. 1(2)

[^key-0099788fd8a7e548944fb6669556181b]: Reg. 61 in force at 6.3.2019, see reg. 1(2)

[^key-963d91dba0dde2956a60a31f29bad13e]: Reg. 62 in force at 6.3.2019, see reg. 1(2)

[^key-532af5ac150b353f54d5bf2b5728ed09]: Reg. 63 in force at 6.3.2019, see reg. 1(2)

[^key-6dbac1a89d97420c35dfe2bbf08367e0]: Reg. 64 in force at 6.3.2019, see reg. 1(2)

[^key-948273d553946c92af194c68929202f2]: Reg. 65 in force at 6.3.2019, see reg. 1(2)

[^key-3767b41c6f9de0350148639cfe0f942e]: Reg. 66 in force at 6.3.2019, see reg. 1(2)

[^key-9946018f223555cb509f6087e0f8d63c]: Reg. 67 in force at 6.3.2019, see reg. 1(2)

[^key-3a7003bd5e1ff9c5e07864c7d7ab9f26]: Reg. 68 in force at 6.3.2019, see reg. 1(2)

[^key-c6d4a11c6351f1acfc2ea5787bad491b]: Reg. 69 in force at 6.3.2019, see reg. 1(2)

[^key-31f25f135e23f55cc2655032b4ca91db]: Reg. 70 in force at 6.3.2019, see reg. 1(2)

[^key-49fe1e3c0fc1ca7d986b3c47c3423450]: Reg. 71 in force at 6.3.2019, see reg. 1(2)

[^key-cbe05c52482609f560c81b4248eee130]: Reg. 72 in force at 6.3.2019, see reg. 1(2)

[^key-f8f40b5ba739dcf98593cb5fc4857b94]: Reg. 73 in force at 6.3.2019, see reg. 1(2)

[^key-38e2552343824f07c85b9ca29e915e27]: Reg. 74 in force at 6.3.2019, see reg. 1(2)

[^key-74cbda8e295f871d1b9722f8c3083c96]: Reg. 75 in force at 6.3.2019, see reg. 1(2)

[^key-ea8b970b121cbbbb7e5bc2373a80d02f]: Reg. 76 in force at 6.3.2019, see reg. 1(2)

[^key-21be454d737cef91a6264dd08b751ed6]: Reg. 77 in force at 6.3.2019, see reg. 1(2)

[^key-21f38673d190fd57e524a40b26b7710a]: Reg. 78 in force at 6.3.2019, see reg. 1(2)

[^key-4398366405a49dd56b0c9ceed6808586]: Reg. 79 in force at 6.3.2019, see reg. 1(2)

[^key-36845a5fe5bc09d6845c51f7622d2648]: Reg. 80 in force at 6.3.2019, see reg. 1(2)

[^key-9546ef0fd7704791d06ad1ca15d47141]: Reg. 81 in force at 6.3.2019, see reg. 1(2)

[^key-bcde9eef845818dfd13e03d07fdde9f3]: Reg. 82 in force at 6.3.2019, see reg. 1(2)

[^key-23cda62a750fe39e7d0c9a7c3ca9cec3]: Reg. 83 in force at 6.3.2019, see reg. 1(2)

[^key-6530eed809afebddf4fa16f9a0516387]: Reg. 84 in force at 6.3.2019, see reg. 1(2)

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