(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

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