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

Relevant period in a subsidisation investigation U.K.

92.—(1) The TRA may recommend that a countervailing amount should apply to goods from the relevant date specified in [F1 paragraph 19(3)(a)] of Schedule 4 to the Act where paragraph (2) applies.

[F2 (1A) The TRA may recommend that a countervailing amount should apply to goods from the relevant date specified in paragraph 19(3)(b) of Schedule 4 to the Act where in a subsidisation investigation—

(a) a final determination of injury is made (but not a threat of injury or material retardation of the establishment of an injury), or

(b) a final determination of a threat of injury is made, and the TRA determines that injury would have occurred in the absence of provisional measures.]

(2) This paragraph applies where the Secretary of State has published a notice under paragraph 29(1) of Schedule 4 to the Act and the TRA considers in a subsidisation investigation that in critical circumstances—

(a) there is a massive volume of imports of the subsidised goods into the United Kingdom in a short period of time;

(b) the massive imports of the subsidised imports caused injury to a UK industry, which is difficult to repair; and

(c) it is necessary in order to preclude the recurrence of such injury to a UK industry to recommend that a countervailing amount apply to goods from the relevant date specified in paragraph 19(3)(a)(i) of Schedule 4 to the Act.

[F3 (3) The TRA may recommend that the countervailing amount to be applied during all or part of the relevant period is the same or less than the countervailing amount in the final affirmative determination, provided that the countervailing amount to be applied during the relevant period does not exceed the estimated countervailing amount as specified in paragraph 13(3)(b) of Schedule 4 to the Act.]

Textual Amendments

F1 Words in reg. 92(1) substituted (22.3.2023) by The Trade Remedies (Dumping and Subsidisation) (Amendment) Regulations 2023 (S.I. 2023/222), regs. 1(2), 3(2)(a)

F2 Reg. 92(1A) inserted (22.3.2023) by The Trade Remedies (Dumping and Subsidisation) (Amendment) Regulations 2023 (S.I. 2023/222), regs. 1(2), 3(2)(b)

F3 Reg. 92(3) inserted (22.3.2023) by The Trade Remedies (Dumping and Subsidisation) (Amendment) Regulations 2023 (S.I. 2023/222), regs. 1(2), 3(2)(c)

Commencement Information

I1 Reg. 92 in force at 6.3.2019, see reg. 1(2)