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

Extension review U.K.

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.

[F1 (2A) Where an application is made under paragraph (2)(a), the TRA must notify the Secretary of State of that application before the end of the second working day after the day on which it receives the application.]

F2 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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) [F3 Where the TRA decides to initiate an extension review, the TRA must notify the Secretary of State that it intends to initiate an extension review and, after the relevant interval, must take the following steps in the order in which they are set out]

[F4 (aa) initiate the review;]

(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.

[F5 (5A) In paragraph (5), the “relevant interval” is the period of two working days beginning with the first working day after the day on which the TRA notifies the Secretary of State of its intention to initiate the review.]

(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.

[F6 (7A) Where the TRA proposes to make a determination under paragraph (7)(a) the TRA must notify the Secretary of State of its proposed determination.

(7B) Where the Secretary of State has been notified in accordance with paragraph (7A), the Secretary of State may, within the relevant period (and subject to paragraph (7C)), request that the TRA reassess its proposed determination by reference to any matter specified in the request.

(7C) The Secretary of State may only make a request under paragraph (7B) where the Secretary of State considers that—

(a) there is information that the TRA did not take into account in its review that is relevant to the proposed determination;

(b) the TRA has made an error in relation to its proposed determination; or

(c) exceptional circumstances make the request appropriate.

(7D) The TRA must comply with a request under paragraph (7B).

(7E) The TRA may not make its proposed determination until—

(a) the relevant period has ended; or

(b) if the Secretary of State informs the TRA within the relevant period that the Secretary of State will not make a request under paragraph (7B), the time when the TRA receives that information.

(7F) For the purposes of paragraphs (7B) and (7E), the “relevant period” is the period of 21 days beginning with the day on which the TRA notifies the Secretary of State that it proposes to make the determination in question.]

(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 [F7 varied]; and

(b) may determine that F8 ... 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.

Textual Amendments

F1 Reg. 35(2A) inserted (25.9.2023) by The Trade Remedies (Increase in Imports Causing Serious Injury to UK Producers) (EU Exit) (Amendment) Regulations 2023 (S.I. 2023/954), regs. 1(2), 9(a) (with reg. 2)

F2 Reg. 35(3) omitted (25.9.2023) by virtue of The Trade Remedies (Increase in Imports Causing Serious Injury to UK Producers) (EU Exit) (Amendment) Regulations 2023 (S.I. 2023/954), regs. 1(2), 9(b) (with reg. 2)

F3 Words in reg. 35(5) substituted (25.9.2023) by The Trade Remedies (Increase in Imports Causing Serious Injury to UK Producers) (EU Exit) (Amendment) Regulations 2023 (S.I. 2023/954), regs. 1(2), 9(c)(i) (with reg. 2)

F4 Reg. 35(5)(aa) inserted (25.9.2023) by The Trade Remedies (Increase in Imports Causing Serious Injury to UK Producers) (EU Exit) (Amendment) Regulations 2023 (S.I. 2023/954), regs. 1(2), 9(c)(ii) (with reg. 2)

F5 Reg. 35(5A) inserted (25.9.2023) by The Trade Remedies (Increase in Imports Causing Serious Injury to UK Producers) (EU Exit) (Amendment) Regulations 2023 (S.I. 2023/954), regs. 1(2), 9(d) (with reg. 2)

F6 Reg. 35(7A)-(7F) inserted (25.9.2023) by The Trade Remedies (Increase in Imports Causing Serious Injury to UK Producers) (EU Exit) (Amendment) Regulations 2023 (S.I. 2023/954), regs. 1(2), 9(e) (with reg. 2)

F7 Word in reg. 35(8)(a) substituted (1.3.2020) by The Trade Remedies (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/99), regs. 1, 5(a)

F8 Words in reg. 35(8)(b) omitted (1.3.2020) by virtue of The Trade Remedies (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/99), regs. 1, 5(b)

Commencement Information

I1 Reg. 35 in force at 6.3.2019 with effect in accordance with reg. 1(3)-(8), see reg. 1(2)