The Trade Remedies (Increase in Imports Causing Serious Injury to UK Producers) (EU Exit) Regulations 2019

Extension review

35.—(1) The TRA may conduct a review (an “extension review”) to consider whether the expiry of a definitive safeguarding remedy would likely result in a continuation or recurrence of serious injury to UK producers of the relevant goods.

(2) The TRA may initiate an extension review—

(a) following the receipt of an application made by or on behalf of UK producers; or

(b) on its own initiative.

(3) The TRA must notify interested parties of the expiry of a definitive safeguarding remedy in sufficient time to allow interested parties to make an application for an extension review.

(4) An application for an extension review must not be made more than 12 months before the scheduled expiry of a definitive safeguarding remedy.

(5) Where the TRA initiates an extension review, the TRA must—

(a) publish a notice of its determination to initiate an extension review (a “notice of initiation of a review”) containing the information referred to in paragraph 9 of the Schedule; and

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

(6) In conducting an extension review, the TRA must consider—

(a) whether the importation of the goods subject to review in increased quantities is likely to recur;

(b) whether serious injury has been removed, or reduced, in whole or in part due to the application of the definitive safeguarding remedy;

(c) whether it is likely that serious injury will recur if the application of the definitive safeguarding remedy is not extended;

(d) whether the circumstances of UK producers, or domestic or overseas market conditions, are such that the serious injury caused by the importation of the goods subject to review in increased quantities is likely to recur;

(e) any adjustments made by UK producers; and

(f) any other factors it considers relevant.

(7) Following an extension review, the TRA may determine that—

(a) the application of a definitive safeguarding remedy to the goods subject to review should expire in accordance with the public notice made under section 13 of the Act; or

(b) the application of such remedy be extended for a period which is necessary to—

(i) prevent or remove serious injury; and

(ii) facilitate adjustment by UK producers.

(8) Where the TRA makes a determination under paragraph (7)(b), the TRA—

(a) must determine that the pace of liberalisation of the definitive safeguarding remedy should be maintained or increased; and

(b) may determine that the form of the definitive safeguarding remedy should be varied.

(9) The period for which a definitive safeguarding remedy applies to goods as a consequence of this regulation must not exceed eight years and such period includes the specified period referred to in paragraph 16(3)(a) or (b) of Schedule 5 to the Act.

(10) The TRA may reject an extension review application if it is not made via the TRA’s case management system.

(11) Where the TRA rejects an extension review application, it must notify the review applicant.