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

[F1 [F2 TRA recommendation on exemption to a UK trade remedies measure U.K.

96G.— (1) Where the conditions in paragraphs (2) and (3) are met, the TRA may make a recommendation to the Secretary of State to exempt the review applicant’s goods from the application of a UK trade remedies measure (a “UK trade remedies measure exemption recommendation”).

(2) The first condition is that the UK trade remedies measure applies an EU trade remedies measure that was extended following an EU circumvention review.

(3) The second condition is that the TRA has determined that—

(a) where the review applicant is an overseas exporter, the review applicant is not engaged in circumvention of the UK trade remedies measure; or

(b) where the review applicant is an importer, the review applicant—

(i) is not related to an overseas exporter which is subject to the UK trade remedies measure; and

(ii) is not engaged in circumvention of the UK trade remedies measure.

(4) Where the TRA determines not to make a recommendation under paragraph (1), it must—

(a) publish a notice of the reasons for its decision;

(b) notify the Secretary of State and the review applicant; and

(c) where the Secretary of State has suspended the application of the UK trade remedies measure to the review applicant’s goods, the TRA must recommend that the Secretary of State reinstates the application of the UK trade remedies measure to the review applicant’s goods.

(5) Where the TRA has made a recommendation in accordance with paragraph 4(c), the Secretary of State may, by a public notice—

[F3 (a)] reinstate the application of the UK trade remedies measure to the review applicant’s goods from the day [F4 on which the application of the UK trade remedies measure to the relevant review applicant’s goods was suspended; and]

[F5 (b) provide that the review applicant is liable to pay the amount that they would have been liable to pay if the review had not taken place]

[F6 (5A) Paragraph 5 applies to applications made under regulation 96E(2)(a) after the entry into force of the Trade Remedies (Dumping and Subsidisation) (No. 2) Regulations 2023.]

(6) Where the TRA makes a UK trade remedies measure exemption recommendation, the recommendation must include—

(a) details of the review applicant’s goods;

(b) details of the public notice which applies the UK trade remedies measure concerned;

(c) the name of the importer or overseas exporter concerned; and

(d) the reasons for the recommendation.

(7) In this regulation, “EU circumvention review” means a review conducted pursuant to Article 13 of the EU anti-dumping regulation, Article 23 of the EU countervailing regulation or a circumvention review conducted pursuant to powers under an earlier EU regulation under which a circumvention review could have been conducted.]]

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 Chapter 3A inserted (3.5.2022) by virtue of The Trade Remedies (Miscellaneous Amendments) Regulations 2022 (S.I. 2022/414), regs. 1, 3(4)

F3 Words in reg. 96G(5)(a) in reg. 96G(5) renumbered as reg. 96G(5)(a) (25.9.2023) by The Trade Remedies (Dumping and Subsidisation) (Amendment) (No. 2) Regulations 2023 (S.I. 2023/955), regs. 1(2), 4(1)(a)

F4 Words in reg. 96G(5)(a) substituted (25.9.2023) by The Trade Remedies (Dumping and Subsidisation) (Amendment) (No. 2) Regulations 2023 (S.I. 2023/955), regs. 1(2), 4(1)(b)

F5 Reg. 96G(5)(b) inserted (25.9.2023) by The Trade Remedies (Dumping and Subsidisation) (Amendment) (No. 2) Regulations 2023 (S.I. 2023/955), regs. 1(2), 4(1)(c)

F6 Reg. 96G(5A) inserted (25.9.2023) by The Trade Remedies (Dumping and Subsidisation) (Amendment) (No. 2) Regulations 2023 (S.I. 2023/955), regs. 1(2), 4(2)