The Trade Remedies (Review and Reconsideration of Transitioned Trade Remedies) Regulations 2022

Secretary of State’s decision: application of anti-dumping amounts and countervailing amounts

14.—(1) After considering the Report of Findings and any other material evidence, the Secretary of State must, having regard to the public interest, make a decision that the anti-dumping amount or countervailing amount that is applicable to the goods to which the review or reconsideration relates should be—

(a) maintained,

(b) varied, or

(c) revoked.

(2) The Secretary of State must have regard to the current and prospective impact of an anti-dumping amount or a countervailing amount when making a decision regarding the future application of that amount.

(3) Where the Secretary of State decides that the anti-dumping amount or countervailing amount that is applicable to the goods to which the review or reconsideration relates should be varied, the variation may, amongst other things, comprise or include—

(a) subject to paragraph (4), reducing the anti-dumping amount or countervailing amount;

(b) subject to paragraph (4), increasing the anti-dumping amount or countervailing amount;

(c) reducing the period for which the anti-dumping amount or countervailing amount applies;

(d) subject to paragraph (6), extending the period for which the anti-dumping amount or countervailing amount applies.

(4) Where the Secretary of State decides that the anti-dumping amount or countervailing amount that is applicable to the goods to which the review or reconsideration relates should be varied, that variation must not comprise or include reducing or increasing such amount to an amount which—

(a) in the case of an anti-dumping amount, exceeds the margin of dumping in relation to those goods;

(b) in the case of a countervailing amount, exceeds the amount of the subsidy applicable to those goods;

(c) is more than the Secretary of State is satisfied would be adequate to prevent or remove injury to a UK industry in those goods caused by the dumped or subsidised goods.

(5) Where the Secretary of State decides that the anti-dumping amount or countervailing amount that is applicable to the goods to which the review or reconsideration relates should be varied and it has not been possible for the Secretary of State to recalculate the anti-dumping amount or countervailing amount, that variation may include maintaining that amount.

(6) Where the Secretary of State decides that the anti-dumping amount or countervailing amount that is applicable to the goods to which the review or reconsideration relates should be varied, that variation must not comprise or include extending the period for which the amount applies by a period of more than 5 years, that period beginning with—

(a) the day after the day on which the public notice referred to in regulation 15(1)(b) is published, or

(b) where the anti-dumping amount or countervailing amount continues to apply under regulation 97C(2) of the Dumping and Subsidisation Regulations, the day on which the application of that anti-dumping amount or countervailing amount would have otherwise expired.

(7) The Secretary of State must decide in respect of all the goods to which the review or reconsideration relates.

(8) In this regulation—

(a) “the amount of the subsidy” in relation to goods, has the same meaning as in Schedule 4 to the TCTA 2018 (see paragraph 4 of that Schedule);

(b) “injury” to a UK industry in particular goods has the same meaning as in Schedule 4 to the TCTA 2018 (see paragraph 5 of that Schedule);

(c) “margin of dumping” in relation to goods has the same meaning as in Schedule 4 to the TCTA 2018 (see paragraph 2 of that Schedule);

(d) “UK industry” in particular goods has the same meaning as in Schedule 4 to the TCTA 2018 (see paragraph 6 of that Schedule).