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

Regulations 65 and 89

SCHEDULE 2 U.K. Content of notices

Notice of initiation of a dumping investigation U.K.

1.  The information referred to in regulation 65(1) is—

(a) where applicable, the contact details of the applicant UK industry, unless the TRA is treating such information as confidential in accordance with regulation 45 (confidential information);

(b) the date of initiation of the investigation;

(c) the name of the exporting country or territory;

(d) a description of the goods concerned;

(e) a description of the like goods;

(f) where applicable, a description of the UK industry on behalf of which the application is made;

(g) the basis on which dumping is alleged in the application;

(h) a summary of the factors on which the allegation of injury is based;

(i) where the TRA considers that it may be appropriate to use a sampling process in accordance with regulation 56 (the use of sampling in respect of Part 2 of these Regulations) or 57 (the use of sampling in respect of Parts 3, 4 and 5 of these Regulations), a statement to that effect;

(j) the period of investigation;

(k) a summary of the investigation process;

(l) the address of the TRA to which comments by interested parties or persons with sufficient interest in the investigation are to be delivered, or the means by which such comments are to be delivered;

(m) details of a registration period during which interested parties, or any other person, may make themselves known to the TRA;

(n) a statement that interested parties may request the TRA to conduct a hearing.

Commencement Information

I1 Sch. 2 para. 1 in force at 6.3.2019, see reg. 1(2)

Notice of initiation of a subsidisation investigation U.K.

2.  The information referred to in regulation 65(2) is—

(a) where applicable, the contact details of the applicant UK industry, unless the TRA is treating such information as confidential in accordance with regulation 45 (confidential information);

(b) the date of initiation of the investigation;

(c) the name of the exporting country or territory;

(d) a description of the goods concerned;

(e) a description of the like goods;

(f) where applicable, a description of the UK industry on behalf of which the application is made;

(g) a description of the alleged subsidy practice to be investigated;

(h) a summary of the factors on which the allegation of injury is based;

(i) where the TRA considers that it may be appropriate to use a sampling process in accordance with regulation 57 (the use of sampling in respect of Parts 3, 4 and 5 of these Regulations), a statement to that effect;

(j) the period of investigation;

(k) a summary of the investigation process;

(l) the address of the TRA to which comments by interested parties and persons with sufficient interest in the investigation are to be delivered, or the means by which such comments are to be delivered;

(m) details of a registration period during which interested parties, or any other person, may make themselves known to the TRA;

(n) a statement that interested parties may request the TRA to conduct a hearing.

Commencement Information

I2 Sch. 2 para. 2 in force at 6.3.2019, see reg. 1(2)

Notice of a provisional affirmative determination with no recommendation regarding requiring a guarantee U.K.

3.  The information referred to in regulation 65(3) is—

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

(b) a summary of the investigation to date and the expected future stages of the investigation;

(c) the reasons for the TRA's provisional affirmative determination;

(d) the reasons why the TRA has determined that there is no recommendation that it could make under paragraph 13(3) of Schedule 4 to the Act.

Commencement Information

I3 Sch. 2 para. 3 in force at 6.3.2019, see reg. 1(2)

Notice of the Secretary of State accepting or rejecting a recommendation by the TRA regarding requiring a guarantee U.K.

4.  The information referred to in regulation 65(4) is—

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

(b) a summary of the investigation to date and the expected future stages of the investigation;

(c) the person or category of persons who is required to give a guarantee;

(d) details of exclusion of goods from the requirement to give a guarantee, if any;

(e) the reasons for the TRA's provisional affirmative determination;

(f) the reasons for the TRA's recommendation regarding requiring a guarantee;

(g) where the Secretary of State accepts the TRA's recommendation, the date the notice comes into effect;

[F1 (h) where the Secretary of State rejects the TRA’s recommendation—

(i) and makes a decision under paragraph 15(3B) of Schedule 4 to the Act—

(aa) that such notice is a public notice made under section 13 of the Act;

(bb) the date the notice comes into effect;

(cc) the reasons for the Secretary of State’s rejection and for requiring importers to give a guarantee other than in accordance with the recommendation;

(ii) and does not make a decision under paragraph 15(3B) of Schedule 4 to the Act, the reasons for the Secretary of State’s rejection.]

Textual Amendments

F1 Sch. 2 para. 4(h) substituted (23.5.2024) by The Trade Remedies (Amendment) Regulations 2024 (S.I. 2024/545), regs. 1(2), 36(2)(a) (with reg. 2)

Commencement Information

I4 Sch. 2 para. 4 in force at 6.3.2019, see reg. 1(2)

Notice of a final affirmative determination with no recommendation on an anti-dumping amount or a countervailing amount U.K.

F2 5.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 Sch. 2 para. 5 omitted (23.5.2024) by virtue of The Trade Remedies (Amendment) Regulations 2024 (S.I. 2024/545), regs. 1(2), 36(2)(b) (with reg. 2)

Notice of the Secretary of State accepting or rejecting a recommendation by the TRA on an anti-dumping amount or a countervailing amount U.K.

6.  The information referred to in regulation 65(6) is—

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

(b) a summary of the investigation;

(c) the reasons for the TRA's final affirmative determination;

(d) the reasons for the TRA's recommendation on an anti-dumping amount or a countervailing amount;

(e) where the Secretary of State accepts the TRA's recommendation—

(i) that such notice is a public notice made under section 13 of the Act;

(ii) a specified period for which the anti-dumping amount or countervailing amount is applicable (see paragraph 17(3)(a) or 17(4)(a) of Schedule 4 to the Act);

(iii) where applicable, the relevant date and the relevant period (see paragraph 19 of Schedule 4 to the Act);

[F3 (f) where the Secretary of State rejects the TRA’s recommendation—

(i) and makes a decision under paragraph 20A(2) of Schedule 4 to the Act—

(aa) that such notice is a public notice made under section 13 of the Act;

(bb) the reasons for the Secretary of State’s rejection and for applying a measure other than in accordance with the recommendation;

(cc) a specified period for which the anti-dumping amount or countervailing amount is applicable;

(dd) where applicable, the relevant date and the relevant period;

(ii) and does not make a decision under paragraph 20A(2) of Schedule 4 to the Act—

(aa) the reasons for the Secretary of State’s rejection;

(bb) the date the notice comes into effect;]

(g) where the Secretary of State accepts the TRA's recommendation on accepting an undertaking—

(i) a reference to the relevant notice made under regulation 79(2)(a) on the Secretary of State's acceptance of the recommendation;

(ii) a statement that the dumped goods or subsidised imports are exempt from the application of an anti-dumping amount or a countervailing amount whilst the undertaking is in force;

(iii) details of the consequences of a breach of the undertaking;

(h) where the Secretary of State rejects the TRA's recommendation on accepting an undertaking—

(i) the fact that an undertaking was offered;

(ii) the reasons for the rejection of the recommendation.

Textual Amendments

F3 Sch. 2 para. 6(f) substituted (23.5.2024) by The Trade Remedies (Amendment) Regulations 2024 (S.I. 2024/545), regs. 1(2), 36(2)(c) (with reg. 2)

Commencement Information

I5 Sch. 2 para. 6 in force at 6.3.2019, see reg. 1(2)

Notice of a final negative determination U.K.

7.  The information referred to in regulation 65(7) is—

(a) a summary of the investigation;

(b) the date the notice comes into effect;

(c) the TRA's reasons for its determination.

Commencement Information

I6 Sch. 2 para. 7 in force at 6.3.2019, see reg. 1(2)

Notice of termination U.K.

8.  The information referred to in regulation 65(8) F4 ... is—

(a) a summary of the investigation to date;

(b) the date the notice comes into effect;

(c) the reasons for termination.

Textual Amendments

F4 Words in Sch. 2 para. 8 omitted (23.7.2019) by virtue of The Trade Remedies (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/1076), regs. 1, 12

Commencement Information

I7 Sch. 2 para. 8 in force at 6.3.2019, see reg. 1(2)

Notice of repayment of an anti-dumping amount or a countervailing amount U.K.

9.  The notice in regulation 89(8)(c) must include—

(a) the amount of the repayment;

(b) the goods in respect of which the repayment is due;

(c) the TRA's reasons for its determination.

Commencement Information

I8 Sch. 2 para. 9 in force at 6.3.2019, see reg. 1(2)