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

[F1 [F2 Transition of EU exemption after replacement of EU trade duty U.K.

96D.— (1) The Secretary of State may by public notice exempt goods imported by a person in the United Kingdom from the application of a UK trade remedies measure if—

(a) the person requested from the European Commission an EU exemption to an EU trade remedies measure before replacement of EU trade duty;

(b) the EU trade remedies measure was specified in the determination notice that preceded the UK trade remedies measure; and

(c) the person was granted the EU exemption after replacement of EU trade duty, but with effect from a date before replacement of EU trade duty.

(2) The public notice—

(a) must not take effect before the [F3 replacement of EU trade duty]; and

(b) applies only to goods imported into the United Kingdom after it takes effect.

[F4 (2A) (a) This paragraph applies where—

(i) the Secretary of State has granted a person an exemption under paragraph (1); and

(ii) the public notice granting the exemption provides for it to take effect the day after the day on which it is made (or a later date).

(2B) (a) The Secretary of State may by public notice—

(i) vary the notice referred to in paragraph 2A (ii) to provide for the exemption to take effect on an earlier date (but such a date may not be before replacement of EU trade duty); and

(ii) provide that the person whose goods are exempted from the application of the UK trade remedies measure is entitled to a repayment of the amount paid towards the sums that were applicable in relation to their goods on and after the date the exemption takes effect.]

(3) In this regulation, “EU exemption” means an exemption authorised by the European Commission under Article 7(1) of Commission Regulation (EC) No 88/97 of 20 January 1997 on the authorization of the exemption of imports of certain bicycle parts originating in the People’s Republic of China from the extension by Council Regulation (EC) No 71/97 of the anti-dumping duty imposed by Council Regulation (EEC) No 2474/93.]]

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 Reg. 96D inserted (6.9.2021) by The Trade Remedies (Dumping and Subsidisation) (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/942), regs. 1, 3

F3 Words in reg. 96D(2)(a) substituted (25.9.2023) by The Trade Remedies (Dumping and Subsidisation) (Amendment) (No. 2) Regulations 2023 (S.I. 2023/955), regs. 1(2), 3(a)

F4 Reg. 96D(2A)(2B) inserted (25.9.2023) by The Trade Remedies (Dumping and Subsidisation) (Amendment) (No. 2) Regulations 2023 (S.I. 2023/955), regs. 1(2), 3(b)