The Trade Remedies (Dumping and Subsidisation) (EU Exit) Regulations 2019

TRA recommendation to the Secretary of State U.K.

75.—(1) Following the conclusion of a review, the TRA must make a recommendation to the Secretary of State, where it is satisfied that (where applicable) the economic interest test is met and that—

(a) the application of an anti-dumping amount or a countervailing amount to some or all of the goods subject to review should be varied;

(b) the application of an anti-dumping amount or a countervailing amount to some or all of the goods subject to review should be revoked;

(c) the period of the application of an anti-dumping amount or a countervailing amount should be extended; or

(d) an anti-dumping amount or a countervailing amount should be applied to a new exporter at a particular level.

(2) The TRA's recommendation must include—

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

(b) the names of overseas exporters, or where impracticable, the exporting countries or territories;

(c) where relevant, the recommended period for which the anti-dumping amount or countervailing amount should be applicable, which must begin on the day after the date of publication of the public notice under section 13 of the Act giving effect to the recommendation, unless the TRA makes a recommendation in accordance with paragraph (3); and

(d) the reasons for its recommendation.

(3) The TRA may recommend that the application of a varied anti-dumping amount or countervailing amount should be applicable to goods from a date before the date set out in the public notice made under section 13 of the Act giving effect to the recommendation where—

(a) the recommendation is in respect of a review in accordance with regulation 73 (circumvention review); and

(b) the requirements set out in paragraph 21(10) of Schedule 4 to the Act are satisfied.

(4) Where the TRA terminates a review but does not make a recommendation in accordance with paragraph (1), the TRA must—

(a) publish a notice containing the information set out in paragraph 2 of Schedule 3; and

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

Commencement Information

I1 Reg. 75 in force at 6.3.2019, see reg. 1(2)