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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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[^key-8373435da7ef1d5f2ac2b040e62c918d]: Words in reg. 90(8) substituted (23.5.2024) by The Trade Remedies (Amendment) Regulations 2024 (S.I. 2024/545), regs. 1(2), 29(c) (with reg. 2)

[^key-109eb7b7d4867e8009f0edfbc8aa2864]: Words in reg. 90(10) inserted (23.5.2024) by The Trade Remedies (Amendment) Regulations 2024 (S.I. 2024/545), regs. 1(2), 29(d) (with reg. 2)

[^key-35c4c2c9037dfd1fd21f33f02cbc7b89]: Reg. 100(1A)-(1E) inserted (23.5.2024) by The Trade Remedies (Amendment) Regulations 2024 (S.I. 2024/545), regs. 1(2), 31(a) (with reg. 2)

[^key-cd5ad7ce5faf5c85b7e7e83e94670aa1]: Reg. 100(3) omitted (23.5.2024) by virtue of The Trade Remedies (Amendment) Regulations 2024 (S.I. 2024/545), regs. 1(2), 31(b) (with reg. 2)

[^key-17c9e37d55780119cefc7ef389d7004c]: Reg. 100A(2)(a) omitted (23.5.2024) by virtue of The Trade Remedies (Amendment) Regulations 2024 (S.I. 2024/545), regs. 1(2), 32 (with reg. 2)

[^key-9278e78678485ff62b63dc480ae55212]: Reg. 101(1A)(1B) inserted (23.5.2024) by The Trade Remedies (Amendment) Regulations 2024 (S.I. 2024/545), regs. 1(2), 33(c) (with reg. 2)

[^key-c9451bd3b8a6aff57d6b2e3ef8093f6f]: Reg. 101(2A)-(2C) inserted (23.5.2024) by The Trade Remedies (Amendment) Regulations 2024 (S.I. 2024/545), regs. 1(2), 33(e) (with reg. 2)

[^key-27934ca1009127220350c9b6470bf0f6]: Reg. 101(1) substituted (23.5.2024) by The Trade Remedies (Amendment) Regulations 2024 (S.I. 2024/545), regs. 1(2), 33(b) (with reg. 2)

[^key-916a611bde4462e43df053e4f3b1194e]: Reg. 101(3) omitted (23.5.2024) by virtue of The Trade Remedies (Amendment) Regulations 2024 (S.I. 2024/545), regs. 1(2), 33(f) (with reg. 2)

[^key-d8749aa72f7eea69e98cbd1d6afc66a9]: Reg. 101(2) substituted (23.5.2024) by The Trade Remedies (Amendment) Regulations 2024 (S.I. 2024/545), regs. 1(2), 33(d) (with reg. 2)

[^key-0c87f96a3007d8e79487bb000adddde0]: Words in reg. 101A(1) inserted (23.5.2024) by The Trade Remedies (Amendment) Regulations 2024 (S.I. 2024/545), regs. 1(2), 34 (with reg. 2)

[^key-0361552b1de79cd94ff1d9adcf535d4d]: Sch. 2 para. 4(h) substituted (23.5.2024) by The Trade Remedies (Amendment) Regulations 2024 (S.I. 2024/545), regs. 1(2), 36(2)(a) (with reg. 2)

[^key-3565dcaa57be8792636171a5487b156a]: Sch. 2 para. 5 omitted (23.5.2024) by virtue of The Trade Remedies (Amendment) Regulations 2024 (S.I. 2024/545), regs. 1(2), 36(2)(b) (with reg. 2)

[^key-903c1ca40a9c238e70947bb8af814cd4]: Sch. 2 para. 6(f) substituted (23.5.2024) by The Trade Remedies (Amendment) Regulations 2024 (S.I. 2024/545), regs. 1(2), 36(2)(c) (with reg. 2)

[^key-08407be2d5e5236a5c6fb45987b84cc0]: Words in Sch. 3 para. 1 inserted (23.5.2024) by The Trade Remedies (Amendment) Regulations 2024 (S.I. 2024/545), regs. 1(2), 36(3)(a) (with reg. 2)

[^key-24351d48cdc44e46f8c5357887239dcb]: Words in Sch. 3 para. 3 inserted (23.5.2024) by The Trade Remedies (Amendment) Regulations 2024 (S.I. 2024/545), regs. 1(2), 36(3)(c)(i) (with reg. 2)

[^key-3b9279e28c3fbdba130336f1b0fe953f]: Sch. 3 para. 3(f) substituted (23.5.2024) by The Trade Remedies (Amendment) Regulations 2024 (S.I. 2024/545), regs. 1(2), 36(3)(c)(ii) (with reg. 2)

[^key-c8062b1bd057a2bff07b4a5be6ecf3c5]: Word in Sch. 5 para. 1 inserted (23.5.2024) by The Trade Remedies (Amendment) Regulations 2024 (S.I. 2024/545), regs. 1(2), 36(4)(a)(i) (with reg. 2)

[^key-4eca15ff53dfec73587027648696e43f]: Sch. 5 para. 1(f) substituted (23.5.2024) by The Trade Remedies (Amendment) Regulations 2024 (S.I. 2024/545), regs. 1(2), 36(4)(a)(ii) (with reg. 2)

[^key-e0a2dd9cfcaa2d38b610b548c64e3ea1]: Word in Sch. 5 para. 3 inserted (23.5.2024) by The Trade Remedies (Amendment) Regulations 2024 (S.I. 2024/545), regs. 1(2), 36(4)(b)(i) (with reg. 2)

[^key-c2d0bd2457555bd76a49f34dedfbaddc]: Sch. 5 para. 3(f) substituted (23.5.2024) by The Trade Remedies (Amendment) Regulations 2024 (S.I. 2024/545), regs. 1(2), 36(4)(b)(ii) (with reg. 2)

[^key-9eadf0d7b3662d311bc9f940add115d7]: Words in Sch. 5A para. 2 heading inserted (23.5.2024) by The Trade Remedies (Amendment) Regulations 2024 (S.I. 2024/545), regs. 1(2), 36(5)(a)(i) (with reg. 2)

[^key-75ed8719870bbba59a52ef2b11785c20]: Words in Sch. 5A para. 2 omitted (23.5.2024) by virtue of The Trade Remedies (Amendment) Regulations 2024 (S.I. 2024/545), regs. 1(2), 36(5)(a)(ii) (with reg. 2)

[^key-ae56f2afbb38cdaac4afab1ecd24043b]: Sch. 6 para. 1(f) substituted (23.5.2024) by The Trade Remedies (Amendment) Regulations 2024 (S.I. 2024/545), regs. 1(2), 36(6) (with reg. 2)

CHAPTER 1 — General

Interpretation for Part 12

Treatment of trade remedies measure transitioned under this Part

94A

(1) This regulation applies for the purposes of the other Parts of these Regulations.

(2) An anti-dumping amount or a countervailing amount applied by public notice under regulation 96A(1) or 101C(2)(a) is to be treated as if it were an anti-dumping amount or a countervailing amount—

(a) applied under section 13(2) of the Act;

(b) giving effect to a recommendation made by the TRA under paragraph 17(3) or (4) of Schedule 4 to the Act;

(c) following an investigation conducted in accordance with Schedule 4 to the Act and the other Parts of these Regulations.

(3) A reference to a public notice under section 13 includes a reference to a public notice under regulation 96A(1) or 101C(2)(a).

New exporter review of trade remedies measure transitioned under this Part

94B

(1) This regulation applies for the purposes of a new exporter review in relation to an anti-dumping amount or a countervailing amount applied by public notice under regulation 96A(1) or 101C(2)(a).

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

(a) in paragraphs (2), (3)(a)(ii), and the first reference in paragraph (3)(b), for “the United Kingdom”, there were substituted “the European Union”;

(b) in paragraph (4), for “regulation 37 (determination of the anti-dumping amount or countervailing amount for non-sampled overseas exporters)” substitute “the EU anti-dumping regulation or the EU countervailing regulation”;

(c) in paragraph (7), for “the rate previously calculated in accordance with regulation 38 (determination of residual amount)”, there were substituted “the relevant anti-dumping amount applied by public notice under regulation 96A(1) or 101C(2)(a)”;

(d) after paragraph (9), there were inserted—

(10) In this regulation, “EU anti-dumping regulation” and “EU countervailing regulation” have the same meaning as in regulation 94.

Scope review of trade remedies measure transitioned under this Part

94C

(1) This regulation applies for the purposes of a scope review in relation to an anti-dumping amount or a countervailing amount applied by public notice under regulation 96A(1) or 101C(2)(a).

(2) Regulation 74 (scope review) has effect with the omission of paragraph (4)(a).

CHAPTER 2 — Dumping and subsidisation investigation

Investigation before replacement of EU trade duty

Application before replacement of EU trade duty

95A

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

CHAPTER 3 — Transition of EU trade remedies measure

Determination to transition EU trade remedies measure

Transition of EU trade remedies measure

96A

(1) The Secretary of State must by public notice make provision giving effect to an EU trade remedies measure specified in a determination notice.

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

(a) be made before replacement of EU trade duty;

(b) take effect on replacement of EU trade duty;

(i) the anti-dumping amount or the countervailing amount;

(ii) the goods or the description of the goods to which the anti-dumping amount or the countervailing amount applies;

(iii) the period beginning on replacement of EU trade duty for which the anti-dumping amount or the countervailing amount is to apply to those goods;

(d) refer to the relevant determination notice;

(e) if applicable, include a statement that the anti-dumping amount or the countervailing amount is subject to a transition review under regulation 97(2)(b).

(3) Subject to regulations 96B and 96C, the information specified under paragraph (2)(c) must be consistent with the relevant EU trade remedies measure specified in the determination notice.

(4) Paragraph (1) does not apply if the Secretary of State—

(a) has accepted under regulation 101(1) a recommendation of revocation in relation to the relevant EU trade remedies measure; or

(b) has published a notice withdrawing the relevant determination notice.

(5) A notice under paragraph (1) does not take effect if the relevant EU trade remedies measure is no longer in force.

Transition of expired EU trade remedies measure

96B

(1) This regulation applies if an EU trade remedies measure specified in a determination notice remains in force pending the outcome of an EU expiry review.

(2) The period specified under regulation 96A(2)(c)(iii) must end 30 days after replacement of EU trade duty unless regulation 96C applies.

(3) In this regulation, “EU expiry review” means a review conducted by the European Commission in accordance with—

(a) Article 11(2) of the EU anti-dumping regulation; or

(b) Article 18 of the EU countervailing regulation.

Transition of varied EU trade remedies measure

96C

(1) This regulation applies if the Secretary of State has accepted under regulation 101(1) a recommendation of variation in relation to the relevant EU trade remedies measure.

(2) The information specified under regulation 96A(2)(c) must be consistent with that recommendation.

CHAPTER 4 — Transition review

General

Transition review of EU trade remedies measure

Continuation of transition review

97A

(1) This regulation applies if—

(a) the TRA is conducting a transition review under regulation 97(2)(a); and

(b) the relevant EU trade remedies measure is transitioned as a UK trade remedies measure.

(2) The TRA must continue the transition review as a review of a UK trade remedies measure being conducted under regulation 97(2)(b).

Termination of transition review

97B

(1) This regulation applies if—

(a) a transition review is being conducted under regulation 97(2)(a); and

(b) the Secretary of State has published a notice withdrawing the relevant determination notice.

(2) The TRA must by publishing a notice terminate that transition review.

(3) A notice under paragraph (2) must contain the information set out in paragraph 2 of Schedule 3.

Continuation of expired UK trade remedies measure

97C

(1) This regulation applies if a UK trade remedies measure would otherwise expire during—

(a) a transition review being conducted under regulation 97(2)(b);

(b) the period during which the Secretary of State is to decide in relation to a transition review under the Trade Remedies (Review and Reconsideration of Transitioned Trade Remedies) Regulations 2022.

(2) The UK trade remedies measure continues to apply until the day the Secretary of State has published a notice in accordance with “regulation 101A(2) or 101C(2)(a) or in accordance with regulation 15(1)(b) of the Trade Remedies (Review and Reconsideration of Transitioned Trade Remedies) Regulations 2022 .

Initiation

Initiation of transition review

Notification of transition review

98A

(1) The TRA must notify the parties of a transition review—

(a) before and after initiating the transition review, if the review relates to a countervailing amount;

(b) after initiating the transition review, if the review relates to an anti-dumping amount.

(2) In this regulation, “the parties” means—

(a) the government of the exporting country or territory;

(b) the Secretary of State.

Conduct

Conduct of transition review

99A

(1) In a transition review, the TRA must consider whether—

(a) the dumping of the goods or the importation of the subsidised goods subject to review would be likely to continue or recur if the anti-dumping amount or countervailing amount were no longer applied to those goods; and

(b) injury to a UK industry in the goods would be likely to continue or recur if the anti-dumping or countervailing amount were no longer applied to those goods.

(2) The TRA may also—

(a) consider—

(i) whether it is appropriate to recalculate the anti-dumping amount or the countervailing amount;

(ii) whether the goods or the description of the goods to which the anti-dumping amount or the countervailing amount applies should be varied;

(iii) any of the matters of a review conducted under Chapter 2 of Part 7;

(b) reassess—

(i) the margin of dumping or the amount of the subsidy;

(ii) in accordance with Part 5, the anti-dumping amount or the countervailing amount adequate to remove the injury to a UK industry in the relevant goods caused by the dumped goods or the subsidised imports.

(3) For the purposes of conducting a transition review under regulation 97(2)(a)—

(a) an EU anti-dumping duty is to be treated as an anti-dumping amount;

(b) an EU countervailing duty is to be treated as a countervailing amount.

Determination of export price

99B

(1) This regulation applies if the TRA constructs an export price for the purposes of a transition review in accordance with regulation 15.

(2) The TRA may deduct any anti-dumping amount paid if it is not reflected in resale prices and subsequent selling prices in the United Kingdom.

Relationship with other Parts

99C

The TRA may apply Parts 2, 3, 4, and 6 to the extent the TRA considers relevant for the purposes of a transition review.

Recommendation

Recommendation following transition review

Recommendation of variation

100A

(1) This regulation applies if the TRA is making a recommendation under regulation 100(1) to vary the application of the anti-dumping amount or the countervailing amount applicable to the relevant goods.

(2) The TRA must—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) have had regard to the current and prospective impact of the anti-dumping amount or the countervailing amount;

(3) The TRA must not make a recommendation comprising or including—

(a) an anti-dumping amount that exceeds the margin of dumping;

(b) a countervailing amount that exceeds the amount of subsidy;

(c) an anti-dumping amount or a countervailing amount that is more than an amount the TRA is satisfied would be adequate to prevent or remove injury to the UK industry caused by the dumped or subsidised goods;

(d) a period for which the anti-dumping amount or the countervailing amount is to apply that extends more than five years after the appropriate date.

(4) The TRA may recommend—

(a) a different anti-dumping amount or a different countervailing amount to apply in respect of some of the relevant goods;

(b) maintaining the anti-dumping amount or the countervailing amount if it has not been possible for the TRA to recalculate that amount.

Recommendation of revocation

100B

(1) This regulation applies if the TRA is making a recommendation under regulation 100(1) to revoke the application of the anti-dumping amount or the countervailing amount applicable to the relevant goods.

(2) The TRA must recommend the appropriate date as the date the anti-dumping amount or the countervailing amount is revoked.

Decision

Decision on recommendation following transition review

Rejection of recommendation

101A

(1) This regulation applies if the Secretary of State rejects under regulation 101(1) a recommendation and does not make a decision under regulation 101D.

(2) The Secretary of State must—

(a) publish a notice containing—

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

(ii) a summary of the review;

(iii) the recommendation made under regulation 100(1);

(iv) the reasons for rejecting the recommendation;

(b) notify interested parties;

Acceptance of recommendation before replacement of EU trade duty

101B

(1) This regulation applies if the Secretary of State accepts under regulation 101(1) a recommendation before replacement of EU trade duty.

(2) The Secretary of State must publish a notice containing—

(a) in relation to a recommendation of variation—

(i) the information set out in regulation 101A(2)(a)(i) to (iii);

(ii) a statement that the EU trade remedies measure will be transitioned on replacement of EU trade duty;

(b) in relation to a recommendation of revocation—

(i) the information set out in regulation 101A(2)(a)(i) to (iii);

(ii) a statement that the EU trade remedies measure will not be transitioned on replacement of EU trade duty.

Acceptance of recommendation after replacement of EU trade duty

101C

(1) This regulation applies if the Secretary of State accepts under regulation 101(1) a recommendation after replacement of EU trade duty.

(2) The Secretary of State must—

(a) make provision by public notice giving effect to that recommendation;

(b) notify interested parties.

(3) A notice made under paragraph (2)(a) must—

(a) contain the information set out in regulation 101A(2)(a)(i) to (iii);

(b) specify —

(i) the anti-dumping amount or the countervailing amount;

(ii) the goods or the description of the goods to which the anti-dumping amount or the countervailing amount applies;

(iii) the period beginning on the appropriate date for which the anti-dumping amount or the countervailing amount is to apply to those goods.

137A

Regulation 101A has effect as if—

(a) in the heading, for “Rejection of”, there were substituted “Decision not to give effect to”;

(b) in paragraph (1), for “rejects”, there were substituted “decides not to give effect to”;

137B

Regulations 101B and 101C have effect as if—

(a) in the headings, for “Acceptance of”, there were substituted “Decision to give effect to”;

(b) in paragraphs (1), for “accepts”, there were substituted “decides to give effect to”.

PART 9A — Investigation in light of an international dispute decision

General

Investigation in light of an international dispute decision

88A

(1) The Secretary of State may direct the TRA to investigate whether the application to goods of an anti-dumping amount or a countervailing amount should be maintained, varied, or revoked in light of an international dispute decision.

(2) In this Part, “international dispute investigation” means an investigation required by the Secretary of State under paragraph (1).

Suspension of an anti-dumping amount or a countervailing amount

88B

(1) The Secretary of State may by public notice suspend the application to goods of an anti-dumping amount or a countervailing amount for the period it is subject to an international dispute investigation.

(2) The suspension begins the day after the day on which the public notice is published.

(3) The suspension ends the day after the day on which—

(a) the TRA publishes notice under—

(i) regulation 88F(2); or

(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) the Secretary of State publishes notice under—

(i) paragraph 22(4)(a) of Schedule 4 to the Act; or

(ii) regulation 88I(4)(a).

Investigation

Initiation

88C

(1) The TRA must publish notice of its initiation of the international dispute investigation.

(2) The notice must contain the information set out in paragraph 1 of Schedule 5A.

Conduct

88D

Parts 2 to 6 apply to an international dispute investigation to the extent the TRA considers relevant.

Determination

88E

(1) The TRA must determine whether the application to goods of the anti-dumping amount or the countervailing amount should be maintained, varied, or revoked in light of the international dispute decision.

(2) The TRA may make different determinations for different goods or descriptions of goods, including by reference to—

(a) an overseas exporter or a description of overseas exporter;

(b) a foreign country or territory or a description of foreign country or territory.

Determination

Determination to maintain

88F

(1) This regulation applies if the TRA proposes to determine that the application to goods of an anti-dumping amount or a countervailing amount should be maintained.

(1A) The TRA must notify the Secretary of State of its proposed determination.

(1B) Where the Secretary of State has been notified in accordance with paragraph (1A), the Secretary of State may, within the relevant period (and subject to paragraph (1C)), request that the TRA reassess its proposed determination by reference to any matter specified in the request.

(1C) The Secretary of State may only make a request under paragraph (1B) where the Secretary of State considers that—

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

(b) the TRA has made an error in relation to its proposed determination; or

(1D) The TRA must comply with a request under paragraph (1B).

(1E) The TRA may not make its proposed determination until—

(a) the relevant period has ended; or

(b) if the Secretary of State informs the TRA within the relevant period that the Secretary of State will not make a request under paragraph (1B), the time when the TRA receives that information.

(1F) For the purposes of paragraphs (1B) and (1E), the “relevant period” is the period of 21 days beginning with the day on which the TRA notifies the Secretary of State that it proposes to make the determination in question.

(2) The TRA must publish notice of the determination.

(3) The notice must contain the information set out in paragraph 2 of Schedule 5A.

Determination to vary

88G

(1) If the TRA determines the application to goods of an anti-dumping amount or a countervailing amount should be varied, the TRA must make a recommendation to the Secretary of State to that effect.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) The TRA may recommend—

(a) varying the goods or the description of goods to which the anti-dumping amount or the countervailing amount applies;

(b) varying the period for which the anti-dumping amount or the countervailing amount applies;

(d) any other variation.

(3A) Where, in relation to a recommendation under paragraph (1), the TRA 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.

(3B) The TRA must consider whether it could give the Secretary of State two or more options as part of its recommendation under paragraph (1)—

(a) where the TRA considers that varying 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.

(3C) Where, after considering whether it could give the Secretary of State two or more options as part of its recommendation in accordance with paragraph (1), the TRA considers that there is only one option which it could reasonably recommend under paragraph (3A), it must give the Secretary of State its reasons for reaching that conclusion.

(3D) 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.

(3E) Where the TRA makes a recommendation under paragraph (1), it must advise the Secretary of State whether and why it considers that varying the application 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 (see paragraph 25 of Schedule 4 to the Act).

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Determination to revoke

88H

(1) This regulation applies if the TRA has determined that the application to goods of an anti-dumping amount or a countervailing amount should be revoked.

(2) The TRA must recommend to the Secretary of State that the application to goods of the anti-dumping amount or the countervailing amount should be revoked.

Recommendation

Acceptance or rejection of a recommendation

88I

(1) The Secretary of State must —

(a) accept or reject a recommendation made under regulation 88G(1) or 88H(2); 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) Where the Secretary of State accepts a recommendation which contains options given in reliance on paragraph 88G(3A), the Secretary of State must decide which of those options to adopt.

(2) The Secretary of State may reject a recommendation under regulation 88G(1) only if the Secretary of State is satisfied it is not in the public interest to accept it.

(3) The Secretary of State may reject a recommendation under regulation 88H(2) only if the Secretary of State is satisfied it is not in the public interest to accept it.

(3A) In considering the public interest under paragraph (2), the Secretary of State must have regard to the TRA’s advice on whether the variation of the application of an anti-dumping amount or a countervailing amount, as the case may be, in accordance with the recommendation, or in accordance with each option, as the case may be, would meet the economic interest test (see paragraph 25 of Schedule 4 to the Act).

(4) If the Secretary of State rejects a recommendation and does not make a decision under regulation 88J(2), the Secretary of State must—

(a) publish a notice containing the information referred to in paragraph 3 of Schedule 5A;

(b) notify interested parties; and

(5) Where the Secretary of State accepts the TRA’s recommendation, the notice published by the Secretary of State under paragraph 22(4)(a) of Schedule 4 to the Act must contain the information set out in paragraph 3 of Schedule 5A.

(6) 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 investigation that is relevant to the recommendation;

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

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

(8) 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.

113A

Regulation 68(4A) has effect as if, for “accepted a recommendation”, there were substituted “decided to give effect to a preliminary decision.

Modifications to Part 9A

130A

Part 9A (investigation in light of an international dispute decision) has effect as if—

(a) for “recommendation”, in each place it occurs, there were substituted “preliminary decision”;

(b) in regulation 88A—

(i) in paragraph (1), the words “direct the TRA to” were omitted;

(ii) in paragraph (2), for “required” there were substituted “initiated”;

(e) in regulations 88G(2) and 88H(2), for “recommend to the Secretary of State”, there were substituted “make a preliminary decision”;

(e) for the section heading after regulation 88I and for regulation 88I, there were substituted—

(88I) (1) The Secretary of State must decide whether or not to give effect to a preliminary decision made under regulation 88G(2) or 88H(2). (2) The Secretary of State must decide to give effect to the preliminary decision unless the Secretary of State is satisfied it is not in the public interest to give effect to the preliminary decision. (3) If the Secretary of State decides not to give effect to the preliminary decision, the Secretary of State must— (a) publish notice of the preliminary decision and of the decision to give effect to it; (b) notify interested parties; (c) make provision by public notice under section 13 of the Act to give effect to the preliminary decision. (4) If the Secretary of State decides not to give effect to the preliminary decision, the Secretary of State must— (a) publish notice of the preliminary decision and of the decision not to give effect to it; (b) notify interested parties; (c) lay a statement before the House of Commons setting out the reasons for which the Secretary of State is satisfied it is not in the public interest to give effect to the preliminary decision.

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 5A

141A

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

Modifications to Schedule 6

SCHEDULE 5A — Content of international dispute investigation notices

Notice of initiation

1

The information referred to in regulation 88C(2) is—

(a) the date of initiation of the investigation;

(b) the name of the exporting country or territory;

(d) a description of the anti-dumping amount or the countervailing amount to which the investigation relates;

(e) a summary of the international dispute decision;

(f) a summary of the investigation process; and

(g) any other information the TRA considers relevant.

Notice of determination

2

The information referred to in regulation 88F(3) ... is—

(a) the name of the exporting country or territory;

(b) a description of the goods concerned;

(d) a summary of the investigation;

(e) a summary of the international dispute decision;

(f) the determination made in light of the international dispute decision;

(g) the reason for the determination;

(h) the date of the determination; and

(i) any other information the TRA considers relevant.

Initiating an investigation before replacement of EU trade duty

Suspension of trade remedies measure transitioned under this Part

94D

(1) This regulation applies if the same goods are subject to—

(a) a trade remedies measure; and

(b) a safeguarding measure.

(2) The Secretary of State must by public notice suspend the application of—

(a) the full trade remedies measure if the trade remedies measure is equal to, or less than, the safeguarding measure;

(b) the portion of the trade remedies measure equal to the safeguarding measure if the trade remedies measure is more than the safeguarding measure.

(3) The Secretary of State must by public notice revoke the suspension of the trade remedies measure if the goods are no longer subject to the safeguarding measure.

(4) A suspension under paragraph (2) does not suspend the period specified in accordance with—

(a) regulation 96A(2)(c)(iii) in a public notice made under regulation 96A(1);

(b) regulation 101C(3)(b)(iii) in a public notice made under regulation 101C(2)(a).

(5) In this regulation—

(a) “trade remedies measure” means an anti-dumping amount or a countervailing amount applied by public notice under regulation 96A(1) or 101C(2)(a) but for the effect of any suspension under this regulation;

(b) “safeguarding measure” means an additional amount of import duty applied by public notice under regulation 47(2) or 52(4)(a) of the Trade Remedies (Increase in Imports Causing Serious Injury to UK Producers) (EU Exit) Regulations 2019.

Transition of EU exemption after replacement of EU trade duty

96D

(1) The Secretary of State may by public notice exempt goods imported by a person in the United Kingdom from the application of a UK trade remedies measure if—

(a) the person requested from the European Commission an EU exemption to an EU trade remedies measure before replacement of EU trade duty;

(b) the EU trade remedies measure was specified in the determination notice that preceded the UK trade remedies measure; and

(c) the person was granted the EU exemption after replacement of EU trade duty, but with effect from a date before replacement of EU trade duty.

(2) The public notice—

(a) must not take effect before the replacement of EU trade duty; and

(b) applies only to goods imported into the United Kingdom after it takes effect.

(2A)

(a) This paragraph applies where—

(i) the Secretary of State has granted a person an exemption under paragraph (1); and

(ii) the public notice granting the exemption provides for it to take effect the day after the day on which it is made (or a later date).

(2B)

(a) The Secretary of State may by public notice—

(i) vary the notice referred to in paragraph 2A (ii) to provide for the exemption to take effect on an earlier date (but such a date may not be before replacement of EU trade duty); and

(ii) provide that the person whose goods are exempted from the application of the UK trade remedies measure is entitled to a repayment of the amount paid towards the sums that were applicable in relation to their goods on and after the date the exemption takes effect.

(3) In this regulation, “EU exemption” means an exemption authorised by the European Commission under Article 7(1) of Commission Regulation (EC) No 88/97 of 20 January 1997 on the authorization of the exemption of imports of certain bicycle parts originating in the People’s Republic of China from the extension by Council Regulation (EC) No 71/97 of the anti-dumping duty imposed by Council Regulation (EEC) No 2474/93.

CHAPTER 3A — Exemptions to UK trade remedies measures

UK trade remedies measure exemption review

96E

(1) The TRA may conduct a review (a “UK trade remedies measure exemption review”) to consider whether goods imported by a review applicant should be exempted from the application of a UK trade remedies measure.

(2) The TRA must initiate a UK trade remedies measure exemption review—

(a) where a review application is made by or on behalf of an importer or overseas exporter; and

(b) the TRA is satisfied that the review application contains sufficient information to substantiate the need for a review in accordance with paragraph (4) or (5).

(3) Parts 2, 3, 4 and 6 apply to a UK trade remedies measure exemption review to the extent that the TRA considers relevant.

(4) Where the review applicant is an overseas exporter, a review application must include evidence that the overseas exporter is not engaged in circumvention of the UK trade remedies measure.

(5) Where the review applicant is an importer, the application must include evidence that—

(a) the importer is not related to an overseas exporter which is subject to the UK trade remedies measure; and

(b) the importer is not engaged in circumvention of the UK trade remedies measure.

(6) The TRA may determine to reject a review application, in particular where it has conducted a previous review into an application made by the relevant review applicant in respect of the relevant UK trade remedies measure and there is no change of circumstances.

(7) Where the TRA rejects a review application, the TRA must notify the review applicant.

(8) Where the TRA initiates a UK trade remedies measure exemption review, the TRA must—

(a) publish a notice of its decision to initiate a review; and

(b) recommend that the Secretary of State suspends, by a public notice, the application of the UK trade remedies measure to the review applicant’s goods pending the outcome of the UK trade remedies measure exemption review.

(9) A notice under paragraph (8)(a) must—

(a) specify the relevant UK trade remedies measure; and

(b) contain the information set out in paragraph 1(d), (f), (g) and (k) and (l) of Schedule 3.

(10) The TRA may satisfy a requirement of paragraph (9) by reference to a document on an Internet site that is available to the public and free of charge.

Suspension of application of a UK trade remedies measure

96F

(1) Where the TRA makes a recommendation under regulation 96E(8)(b), the Secretary of State must decide whether to accept or reject that recommendation.

(2) Where the Secretary of State rejects the TRA’s recommendation, the Secretary of State must notify the review applicant of the reasons for the decision.

(3) Where the Secretary of State accepts the TRA’s recommendation, the Secretary of State may suspend, by public notice, the application of the UK trade remedies measure to the review applicant’s goods pending the outcome of the UK trade remedies exemption review.

TRA recommendation on exemption to a UK trade remedies measure

96G

(1) Where the conditions in paragraphs (2) and (3) are met, the TRA may make a recommendation to the Secretary of State to exempt the review applicant’s goods from the application of a UK trade remedies measure (a “UK trade remedies measure exemption recommendation”).

(2) The first condition is that the UK trade remedies measure applies an EU trade remedies measure that was extended following an EU circumvention review.

(3) The second condition is that the TRA has determined that—

(a) where the review applicant is an overseas exporter, the review applicant is not engaged in circumvention of the UK trade remedies measure; or

(b) where the review applicant is an importer, the review applicant—

(i) is not related to an overseas exporter which is subject to the UK trade remedies measure; and

(ii) is not engaged in circumvention of the UK trade remedies measure.

(4) Where the TRA determines not to make a recommendation under paragraph (1), it must—

(a) publish a notice of the reasons for its decision;

(b) notify the Secretary of State and the review applicant; and

(c) where the Secretary of State has suspended the application of the UK trade remedies measure to the review applicant’s goods, the TRA must recommend that the Secretary of State reinstates the application of the UK trade remedies measure to the review applicant’s goods.

(5) Where the TRA has made a recommendation in accordance with paragraph 4(c), the Secretary of State may, by a public notice—

(a) reinstate the application of the UK trade remedies measure to the review applicant’s goods from the day on which the application of the UK trade remedies measure to the relevant review applicant’s goods was suspended; and

(b) provide that the review applicant is liable to pay the amount that they would have been liable to pay if the review had not taken place

(5A) Paragraph 5 applies to applications made under regulation 96E(2)(a) after the entry into force of the Trade Remedies (Dumping and Subsidisation) (No. 2) Regulations 2023.

(6) Where the TRA makes a UK trade remedies measure exemption recommendation, the recommendation must include—

(a) details of the review applicant’s goods;

(b) details of the public notice which applies the UK trade remedies measure concerned;

(d) the reasons for the recommendation.

(7) In this regulation, “EU circumvention review” means a review conducted pursuant to Article 13 of the EU anti-dumping regulation, Article 23 of the EU countervailing regulation or a circumvention review conducted pursuant to powers under an earlier EU regulation under which a circumvention review could have been conducted.

Acceptance or rejection by the Secretary of State of the TRA’s recommendation to grant an exemption to a UK trade remedies measure

96H

(1) Where the TRA makes a UK trade remedies measure exemption recommendation in accordance with regulation 96G the Secretary of State must accept or reject the recommendation.

(2) The Secretary of State may reject the TRA’s recommendation only if satisfied that the recommendation is not one that the TRA could reasonably have made.

(3) Where the Secretary of State rejects the TRA’s recommendation, the Secretary of State must—

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

(b) notify the review applicant of the reasons for the decision; and

(4) Where the Secretary of State rejects the TRA’s recommendation, the Secretary of State may, by public notice—

(a) apply the rate previously applied under the UK trade remedies measure to goods imported by the review applicant the from day on which the application of the UK trade remedies measure to the review applicant’s goods was suspended; and

(b) provide that the review applicant is liable to pay the amount that they would have been liable to pay if the review had not taken place

(5) Where the Secretary of State accepts the TRA’s recommendation, the Secretary of State must publish a notice containing the information set out in paragraph 3A of Schedule 3.

(6) This paragraph applies when—

(a) the application of a UK trade remedies measure was not suspended in accordance with regulation 96F(3); and

(b) the review applicant submitted their application under 96E(2)(a) after the entry into force of the Trade Remedies (Dumping and Subsidisation) (No. 2) Regulations 2023.

(7) Where paragraph (6) applies—

(a) the Secretary of State may, by public notice, provide that—

(i) the exemption takes effect from the date on which the review applicant applied for a UK trade remedies measure exemption review; and

(ii) the review applicant is entitled to repayment of the amount they paid towards the sums that were applicable in relation to their goods on and after the date on which they applied for a UK trade remedies measure exemption review.

(b) The public notice must contain the information set out in paragraph 3A of Schedule 3.

(a) This paragraph applies where—

(i) the Secretary of State rejects a recommendation by the TRA under regulation 96H(1);

(ii) the review applicant submitted their application under regulation 96E (2)(a) after the entry into force of the Trade Remedies (Dumping and Subsidisation) (No. 2) Regulations 2023;

(iii) the review applicant appeals to the Upper Tribunal for a review of the Secretary of State’s determination in accordance with regulation 17(1) of the Trade Remedies (Reconsideration and Appeals) Regulations 2019;

(iv) the application of the UK trade remedies measure to the review applicant’s goods continues pending the outcome of the appeal;

(v) the Upper Tribunal sets aside the determination and refers the latter back to the Secretary of State with a direction to reconsider the determination; and

(vi) the Secretary of State reconsiders their determination and accepts the TRA’s recommendation.

(b) The Secretary of State may, by public notice, provide that—

(i) the exemption takes effect from the date on which the review applicant applied for a UK trade remedies measure exemption review; and

(ii) the review applicant is entitled to a repayment of the amount they paid towards the sums that were applicable in relation to their goods on and after the date on which they applied for a UK trade remedies measure exemption review.

Treatment of public notices made under regulations 96F to 96H

96I

A public notice made under regulation 96F(3), 96G(5) or 96H(3)(a), (4) , (5), (7)(a) or (8)(b) is to be treated as if it were a public notice made under section 13(4) of the Act.

3A

The information to be contained in a notice referred to in regulation 96H(3)(a) , (5), (7)(a) and (8)(b) is—

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

(b) the name of the importer or the overseas exporter that made the application for an exemption under regulation 96E;

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

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

(i) the name of the importer or overseas exporter to which the exemption relates; and

(ii) the date from which the exemption from the application of the UK trade remedies measure applies.

Notice of the Secretary of State accepting or rejecting a recommendation by the TRA to exempt an importer or overseas exporter from an anti-dumping amount or a countervailing amount or a UK trade remedies measure

Alternative options for final affirmative determination

61A

The TRA must consider giving two or more options as part of its recommendation to the Secretary of State under paragraph 17(3) or (4) of Schedule 4 to the Act in the following circumstances—

(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.

Essential facts and disclosure

Early review

68A

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

(a) to vary the application of an anti-dumping amount or a countervailing amount;

(b) to vary the suspension of the application of such an amount; or

(2) When conducting the early review, the TRA must have regard to any particular considerations which the Secretary of State may specify in the request made under regulation 67(A1).

(3) Where the TRA——

(a) receives a request from the Secretary of State under regulation 67(A1) to undertake an early review; and

(b) accepts an application under Chapter 2 of Part 2 of the Reconsideration and Appeals Regulations 2019 for reconsideration of an original decision to which the request under sub-paragraph (a) relates,

the TRA must take into account any notice published or public notice issued under regulation 14 of the Reconsideration and Appeals Regulations 2019 in relation to that reconsideration in any determination under this regulation.

(4) For the purposes of paragraph (3)—

“the Reconsideration and Appeals Regulations 2019” means the Trade Remedies (Reconsideration and Appeals) (EU Exit) Regulations 2019;

“original decision” has the meaning given in regulation 9(1) of the Reconsideration and Appeals Regulations 2019.

(5) Following the conclusion of an early review, the TRA may determine that the application or suspension of an anti-dumping amount or a countervailing amount should be—

(a) maintained in accordance with the relevant public notice made under section 13 of the Act;

(b) varied; or

Interim review

Expiry review

New exporter review

Absorption review

Circumvention review

Scope review

Powers of the Secretary of State in relation to the TRA’s recommendation

Secretary of State’s power to apply an alternative remedy

76A

(1) This regulation applies where—

(a) the TRA makes a recommendation under regulation 75(1)(a), (c) or (d); and

(b) the Secretary of State rejects the recommendation.

(2) If the Secretary of State considers that it is in the public interest to do so, the Secretary of State may decide that the application of the anti-dumping amount or countervailing amount should be—

(a) varied or applied, or the period of application of that amount extended, other than in accordance with the recommendation, subject to paragraph (3) where applicable; or

(b) revoked.

(3) Where the Secretary of State makes a decision under paragraph (2)(a) in respect of—

(a) a recommendation made by the TRA following a determination by the TRA under regulation 69(11), the restriction in regulation 69(12) applies to the Secretary of State’s decision;

(b) a recommendation made by the TRA following a determination by the TRA under regulation 72(7), the restriction in regulation 72(6) applies to the Secretary of State’s decision.

(4) Where the Secretary of State makes a decision under paragraph (2), the Secretary of State may decide that the date from which any revocation or variation has effect is a date before the date of the decision by the Secretary of State.

(5) Where the Secretary of State makes a decision under paragraph (2)—

(a) 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 of Schedule 3; and

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

Power to request assistance etc. from TRA

76B

(1) The Secretary of State may request that the TRA give advice, information or other support to the Secretary of State for the purpose of allowing the Secretary of State to decide whether to make a decision under regulation 76A(2).

(2) The Secretary of State may include in a request under paragraph (1) a requirement that the TRA investigate and provide a report on any matter specified in the request.

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

(4) The TRA must comply with a request under paragraph (1).

Power to request assistance etc. from TRA

88ZA

(1) The Secretary of State may request that the TRA give advice, information or other support to the Secretary of State for the purpose of allowing the Secretary of State to decide whether to make a decision under regulation 85(11B) or 87(9B).

(2) The Secretary of State may include in a request under paragraph (1) a requirement that the TRA investigate and provide a report on any matter specified in the request.

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

(4) The TRA must comply with a request under paragraph (1).

Powers of the Secretary of State in relation to the TRA’s recommendation

Secretary of State’s power to apply an alternative remedy

88J

(1) This regulation applies where the Secretary of State rejects a recommendation under regulation 88I(2).

(2) If the Secretary of State considers that it is in the public interest to do so, the Secretary of State may decide that the application of the anti-dumping amount or countervailing amount should be varied other than in accordance with the recommendation, or revoked.

(3) Where the Secretary of State makes a decision under paragraph (2)—

(a) the notice published by the Secretary of State under paragraph 22(4)(a) of Schedule 4 to the Act must contain the information set out in paragraph 3 of Schedule 5A; and

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

Power to request assistance etc. from TRA

88K

(1) The Secretary of State may request that the TRA give advice, information or other support to the Secretary of State for the purpose of allowing the Secretary of State to decide whether to make a decision under regulation 88J(2).

(2) The Secretary of State may include in a request under paragraph (1) a requirement that the TRA investigate and provide a report on any matter specified in the request.

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

(4) The TRA must comply with a request under paragraph (1).

Secretary of State’s power to apply an alternative remedy

90A

(1) This regulation applies where—

(a) the TRA makes an extension recommendation under regulation 90(1); and

(b) the Secretary of State rejects the recommendation.

(2) If the Secretary of State considers that it is in the public interest to do so, the Secretary of State may decide that the period of a provisional remedy, which has been applied in respect of goods in the case of a dumping investigation, should, subject to paragraph (3), be extended other than in accordance with the recommendation.

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

(4) Where the Secretary of State makes a decision under paragraph (2), 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

Relevant period in a subsidisation investigation

Meaning of export subsidisation

Powers of the Secretary of State in relation to the TRA’s recommendation

Secretary of State’s power to apply an alternative remedy

101D

(1) This regulation applies where—

(a) the TRA makes a recommendation under regulation 100(1) to vary the application of the anti-dumping amount or the countervailing amount; and

(b) the Secretary of State rejects the recommendation.

(2) If the Secretary of State considers that it is in the public interest to do so, the Secretary of State may decide that the application of the anti-dumping amount or countervailing amount should be varied other than in accordance with the recommendation, or revoked.

(3) Where the Secretary of State makes a decision under paragraph (2), the Secretary of State must—

(a) publish notice of the decision;

(b) notify interested parties accordingly; and

(4) A notice made under paragraph (3)(a) must—

(a) contain the information set out in regulation 101A(2)(a)(i) to (iii);

(b) where applicable, specify—

(i) the reason for rejecting the recommendation and for applying the alternative anti-dumping or countervailing amount;

(ii) the alternative anti-dumping or countervailing amount;

(iii) the period beginning on the appropriate date for which the anti-dumping or countervailing amount is to apply to those goods.

Power to request assistance etc. from TRA

101E

(1) The Secretary of State may request that the TRA give advice, information or other support to the Secretary of State for the purpose of allowing the Secretary of State to decide whether to make a decision under regulation 101D(2).

(2) The Secretary of State may include in a request under paragraph (1) a requirement that the TRA investigate and provide a report on any matter specified in the request.

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

(4) The TRA must comply with a request under paragraph (1).

Notice of expiry of anti-dumping amount or countervailing amount

1A

The information to be contained in a notice referred to in regulation 70(11G)(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 determination;

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

(f) the date on which the anti-dumping amount or countervailing amount is treated as having expired.

Notice of termination of a review

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

Notice of determination to maintain the application of an anti-dumping amount or a countervailing amount

Notice of the Secretary of State accepting or rejecting a recommendation by the TRA relating to an international dispute investigation

3

The information to be contained in a notice referred to in paragraph 22(4)(a) of Schedule 4 to the Act or regulation 88I(4) is—

(a) the name of the exporting country or territory;

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

(d) a summary of the investigation;

(e) a summary of the international dispute decision;

(f) the TRA’s determination made in the light of the international dispute decision;

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

(h) where the Secretary of State accepts the TRA’s recommendation to vary the application of the anti-dumping amount or the countervailing amount—

(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 or countervailing amount;

(i) where the Secretary of State accepts the TRA’s recommendation to revoke the application of the anti-dumping amount or the countervailing amount—

(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; and

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

(i) and makes a decision under regulation 88J(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 varying the application of a measure other than in accordance with the recommendation or revoking it;

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

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

(ii) and does not make a decision under paragraph 88J(2), the reasons for the Secretary of State’s rejection.

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