Amendment of regulation 67 (initiation of a review)
This section has no associated Explanatory Memorandum
8. In regulation 67—
(a)before paragraph (1), insert—
“(A1) The Secretary of State may, within 60 days of the application, variation, extension or suspension of an anti-dumping amount or a countervailing amount pursuant to Part 4 of Schedule 4 to the Act, or Part 7, Part 9, Part 9A or Part 12 of these Regulations, request that the TRA undertakes an early review.
(B1) Paragraph (A1) does not apply in relation to an anti-dumping amount or a countervailing amount which is maintained or varied as a result of an early review.
(C1) The Secretary of State may request an early review where the Secretary of State considers that—
(a)there is information that the TRA did not take into account in its investigation or review that is relevant to the anti-dumping amount or countervailing amount;
(b)the TRA made an error in relation to its recommendation; or
(c)exceptional circumstances make the request appropriate.
(D1) Before making a request under paragraph (A1), the Secretary of State must consult the TRA.
(E1) Where the Secretary of State makes a request under paragraph (A1), the TRA must comply with the request.”;
(b)after paragraph (6), insert—
“(6A) Where the TRA initiates an early review, it must take then the following steps in the order in which they are set out—
(a)publish a notice (a notice of initiation of a review); and
(b)notify the Secretary of State and interested parties.”;
(c)in paragraph (7)—
(i)for the opening words substitute—
“Where the TRA has made a determination to initiate a review other than an early review, the TRA must notify the Secretary of State that it intends to initiate the review and, after the relevant interval, must take the following steps in the order in which they are set out—”;
(ii)before sub-paragraph (a), insert—
“(za)initiate the review;”;
(d)after paragraph (7), insert—
“(7A) In paragraph (7), the “relevant interval” is the period of two working days beginning with the first working day after the day on which the TRA notifies the Secretary of State of its intention to initiate the review.”;
(e)in paragraph (9), omit “and the Secretary of State”.