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[F1PART 12U.K.Transitional provisions

Textual Amendments

[F2CHAPTER 3AU.K.Exemptions to UK trade remedies measures

Textual Amendments

UK trade remedies measure exemption reviewU.K.

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 measureU.K.

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 measureU.K.

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—

[F3(a)]reinstate the application of the UK trade remedies measure to the review applicant’s goods from the day [F4on which the application of the UK trade remedies measure to the relevant review applicant’s goods was suspended; and]

[F5(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]

[F6(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;

(c)the name of the importer or overseas exporter concerned; and

(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.

Textual Amendments

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

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

(c)lay a statement before the House of Commons setting out the reasons for rejecting the recommendation.

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

[F7(a)]apply the rate previously applied under the UK trade remedies measure to goods imported by the review applicant the from day [F8on which the application of the UK trade remedies measure to the review applicant’s goods was suspended; and]

[F9(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.

[F10(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.

(8) (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.

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

Textual Amendments

Treatment of public notices made under regulations 96F to 96HU.K.

96I.  A public notice made under regulation 96F(3), 96G(5) or 96H(3)(a), (4) [F11, (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. ]]

Textual Amendments