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

[F1 Interpretation for Part 12 U.K.

94.— (1) In this Part—

“appropriate date” means—

(a)

in relation to a transition review under regulation 97(2)(a), the day of replacement of EU trade duty;

(b)

in relation to a transition review under regulation 97(2)(b)—

(i)

the [F2 day after the] day of publication of the notice under regulation 101C(2)(a); or

(ii)

the day of expiry if the relevant UK trade remedies measure continues to apply under regulation 97C(2);

[F3 “circumvention” has the meaning given in regulation 73(2);]

“determination notice” means a notice published by the Secretary of State under regulation 96(1);

“EU anti-dumping duty” means a definitive anti-dumping duty imposed by an EU instrument made under—

(a)

the EU anti-dumping regulation;

(b)

an earlier EU regulation under which an EU instrument imposing a definitive anti-dumping duty could have been made;

“the EU anti-dumping regulation” means Regulation (EU) 2016/1036 of the European Parliament and of the Council of 8 June 2016 on protection against dumped imports from countries not members of the European Union;

“EU countervailing duty” means a definitive countervailing duty imposed [F4 by an EU instrument] made under—

(a)

the EU countervailing regulation; or

(b)

an earlier EU regulation under which an EU instrument imposing a definitive countervailing duty could have been made;

“the EU countervailing regulation” means Regulation (EU) 2016/1037 of the European Parliament and of the Council of 8 June 2016 on protection against subsidised imports from countries not members of the European Union;

“EU regulation” has the same meaning as in Article 288 of the Treaty on the Functioning of the European Union;

“EU trade remedies measure” means an EU anti-dumping duty or an EU countervailing duty;

“recommendation of revocation” means a recommendation made under regulation 100(1) in accordance with regulation 100B;

“recommendation of variation” means a recommendation made under regulation 100(1) in accordance with regulation 100A;

“replacement of EU trade duty” means the coming into force of paragraph 1 of Schedule 7 to the Act in so far as it relates to any EU anti-dumping duty or EU countervailing duty;

“transition review” means a review under regulation 97(2)(a) or (b);

“UK trade remedies measure” means an anti-dumping amount or a countervailing amount applied by public notice under regulation 96A(1).

(2) For the purposes of this Part, “EU countervailing duty” includes a duty that would apply to goods were it not for acceptance by the European Commission of an undertaking in accordance with Article 13 of the EU countervailing regulation.]

Textual Amendments

F1 Pt. 12 substituted (23.7.2019) by The Trade Remedies (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/1076), regs. 1, 10

F2 Words in reg. 94(1) inserted (1.3.2020) by The Trade Remedies (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/99), regs. 1, 21(a)

F3 Words in reg. 94 inserted (3.5.2022) by The Trade Remedies (Miscellaneous Amendments) Regulations 2022 (S.I. 2022/414), regs. 1, 3(3)

F4 Words in reg. 94(1) substituted (1.3.2020) by The Trade Remedies (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/99), regs. 1, 21(b)