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

1. Introductory Text

2. PART 1 Introductory

   1. 1. Citation, commencement and effect

   2. 2. Interpretation

   3. 3. Meaning of “exporting country or territory”

   4. 4. Meaning of “negligible” in relation to dumped goods

   5. 5. Meaning of “negligible” in relation to subsidised imports

3. PART 2 Dumping

   1. CHAPTER 1 Introduction

      1. 6. Purpose of Part 2

   2. CHAPTER 2 Determination of the normal value

      1. 7. Normal value

      2. 8. Alternative methodologies to determine the normal value

      3. 9. The ordinary course of trade

      4. 10. Appropriate third country or territory and representative price

      5. 11. Costs of production

      6. 12. The amounts for administrative, selling and general costs and for profits

      7. 13. Adjustments

      8. 14. Normal value in respect of imports from particular foreign countries and territories

   3. CHAPTER 3 Determination of the export price

      1. 15. Export price

   4. CHAPTER 4 Comparison between the normal value and the export price

      1. 16. Comparison

      2. 17. Methodologies for comparing the normal value and the export price

      3. 18. Currency conversion

4. PART 3 Subsidisation

   1. CHAPTER 1 Introduction

      1. 19. Purpose of Part 3

   2. CHAPTER 2 Determination of whether there is a countervailable subsidy

      1. 20. Meaning of financial contribution by a foreign authority

      2. 21. Benefit conferred

      3. 22. Specificity

   3. CHAPTER 3 Calculation of the amount of subsidy that may be attributed to the subsidised imports

      1. 23. Calculation steps

      2. 24. Determination of the amount of benefit conferred

      3. 25. Determination of the amount of the countervailable subsidy that is attributable to the period of investigation

      4. 26. Determination of the goods the subsidy is attributable to during the period of investigation

5. PART 4 Injury and causation

   1. 27. Determination of injury and causation in accordance with this Part

   2. 28. Meaning of threat of material injury

   3. 29. Disregarding a producer for the purpose of the definition of a UK industry

   4. 30. Determination of injury

   5. 31. The volume of the dumped goods or subsidised imports

   6. 32. The effect of the dumped goods or subsidised imports on prices

   7. 33. The impact of the dumped goods or subsidised imports on a UK industry

   8. 34. Cumulation

   9. 35. Causation and non-attribution

6. PART 5 The level of an estimated anti-dumping or countervailing amount or anti-dumping or countervailing amount

   1. 36. Determination of an adequate amount to remove the injury

   2. 37. Determination of the anti-dumping amount or countervailing amount for non-sampled overseas exporters

   3. 38. Determination of a residual amount

7. PART 6 Initiation and conduct of an investigation

   1. CHAPTER 1 General provisions and the use of information

      1. 39. Purpose of Part 6

      2. 40. General provisions

      3. 41. Revision of scope of an investigation

      4. 42. Limitation on consolidation

      5. 43. Deemed service

      6. 44. Public file

      7. 45. Confidential information

      8. 46. Permitted disclosure

      9. 47. The use of information and facts available to the TRA from secondary sources

      10. 48. Acceptance or rejection of information

      11. 49. Non-cooperation

   2. CHAPTER 2 Initiation of an investigation

      1. 50. Application

      2. 51. Market share requirement

      3. 52. Assessment of an application

      4. 53. Publicising an application

   3. CHAPTER 3 Conduct of an investigation

      1. 54. Registration of interest and the issuing of questionnaires

      2. 55. Form of questionnaires and deficiency notice

      3. 56. The use of sampling in respect of Part 2 of these Regulations

      4. 57. The use of sampling in respect of Parts 3, 4 and 5 of these Regulations

      5. 58. Verification visit

      6. 59. Verification report

      7. 60. Facilitation visit

      8. 61. Hearing

      9. 61A. Alternative options for final affirmative determination

      10. 62. Essential facts and disclosure

   4. CHAPTER 4 Consultation and termination of an investigation

      1. 63. Consultation in a subsidisation investigation

      2. 64. Termination

   5. CHAPTER 5 Content of notices

      1. 65. Content of notices

8. PART 7 Initiation and conduct of a review

   1. CHAPTER 1 General provisions and the initiation of a review

      1. 66. Purpose of Part 7

      2. 67. Initiation of a review

   2. CHAPTER 2 Conduct of a review

      1. 68. The conduct of a review

      2. 68A. Early review

      3. 69. Interim review

      4. 70. Expiry review

      5. 71. New exporter review

      6. 72. Absorption review

      7. 73. Circumvention review

      8. 74. Scope review

   3. CHAPTER 3 TRA recommendation and decision of the Secretary of State

      1. 75. TRA recommendation to the Secretary of State

      2. 76. Powers of the Secretary of State in relation to the TRA’s recommendation

      3. 76A. Secretary of State’s power to apply an alternative remedy

      4. 76B. Power to request assistance etc. from TRA

9. PART 8 Undertakings

   1. 77. Requests and offers of undertakings

   2. 78. TRA's power to recommend acceptance of undertakings

   3. 79. Secretary of State's power to accept undertakings

   4. 80. Monitoring compliance with an undertaking

   5. 81. The acceptance of a new undertaking in place of an existing undertaking

   6. 82. Undertakings ceasing to apply

   7. 83. Breach of an undertaking

   8. 84. Reviews by the TRA of the continuing application of an undertaking

10. PART 9

    1. Suspension

       1. 85. Suspension of an anti-dumping amount or a countervailing amount

       2. 86. Application for suspension

       3. 87. Period of suspension

       4. 88. Reinstatement of an anti-dumping amount or a countervailing amount

       5. 88ZA. Power to request assistance etc. from TRA

11. PART 9A Investigation in light of an international dispute decision

    1. General

       1. 88A. Investigation in light of an international dispute decision

       2. 88B. Suspension of an anti-dumping amount or a countervailing amount

    2. Investigation

       1. 88C. Initiation

       2. 88D. Conduct

       3. 88E. Determination

    3. Determination

       1. 88F. Determination to maintain

       2. 88G. Determination to vary

       3. 88H. Determination to revoke

    4. Recommendation

       1. 88I. Powers of the Secretary of State in relation to the TRA’s recommendation

       2. 88J. Secretary of State’s power to apply an alternative remedy

       3. 88K. Power to request assistance etc. from TRA

12. PART 10 Investigations regarding repayments

    1. 89. Investigations regarding repayments

13. PART 11 Miscellaneous

    1. 90. Extension of the period of a provisional remedy in a dumping investigation

    2. 90A. Secretary of State’s power to apply an alternative remedy

    3. 91. Relevant period in a dumping investigation

    4. 92. Relevant period in a subsidisation investigation

    5. 93. Meaning of export subsidisation

14. PART 12 Transitional provisions

    1. CHAPTER 1 General

       1. 94. Interpretation for Part 12

       2. 94A. Treatment of trade remedies measure transitioned under this Part

       3. 94B. New exporter review of trade remedies measure transitioned under this Part

       4. 94C. Scope review of trade remedies measure transitioned under this Part

       5. 94D. Suspension of trade remedies measure transitioned under this Part

    2. CHAPTER 2 Dumping and subsidisation investigation

       1. 95. Initiating an investigation before replacement of EU trade duty

       2. 95A. Application before replacement of EU trade duty

    3. CHAPTER 3 Transition of EU trade remedies measure

       1. 96. Determination to transition EU trade remedies measure

       2. 96A. Transition of EU trade remedies measure

       3. 96B. Transition of expired EU trade remedies measure

       4. 96C. Transition of varied EU trade remedies measure

       5. 96D. Transition of EU exemption after replacement of EU trade duty

    4. CHAPTER 3A Exemptions to UK trade remedies measures

       1. 96E. UK trade remedies measure exemption review

       2. 96F. Suspension of application of a UK trade remedies measure

       3. 96G. TRA recommendation on exemption to a UK trade remedies measure

       4. 96H. Acceptance or rejection by the Secretary of State of the TRA’s recommendation to grant an exemption to a UK trade remedies measure

       5. 96I. Treatment of public notices made under regulations 96F to 96H

    5. CHAPTER 4 Transition review

       1. General

          1. 97. Transition review of EU trade remedies measure

          2. 97A. Continuation of transition review

          3. 97B. Termination of transition review

          4. 97C. Continuation of expired UK trade remedies measure

       2. Initiation

          1. 98. Initiation of transition review

          2. 98A. Notification of transition review

       3. Conduct

          1. 99A. Conduct of transition review

          2. 99B. Determination of export price

          3. 99C. Relationship with other Parts

       4. Recommendation

          1. 100. Recommendation following transition review

          2. 100A. Recommendation of variation

          3. 100B. Recommendation of revocation

       5. Decision

          1. 101. Powers of the Secretary of State in relation to the TRA’s recommendation

          2. 101A. Rejection of recommendation

          3. 101B. Acceptance of recommendation before replacement of EU trade duty

          4. 101C. Acceptance of recommendation after replacement of EU trade duty

          5. 101D. Secretary of State’s power to apply an alternative remedy

          6. 101E. Power to request assistance etc. from TRA

15. PART 13 Transitional provisions relating to the TRA

    1. CHAPTER 1 General modifications

       1. 102. Unless otherwise specified in this Part, these Regulations have effect...

    2. CHAPTER 2 Further modifications

       1. 103. Modification to Part 1

       2. 104. Modifications to Part 6

       3. 105. Regulation 41 (revision of scope of an investigation) has effect...

       4. 106. Regulation 45 (confidential information) has effect as if—

       5. 107. Regulation 46 (permitted disclosure) has effect as if—

       6. 108. Regulation 52 (assessment of an application) has effect as if—...

       7. 109. Regulation 53 (publicising an application) has effect as if—

       8. 110. Regulation 54 (registration of interest and the issuing of questionnaires)...

       9. 111. Regulation 61 (hearing) has effect as if, in paragraph (1)(b),...

       10. 112. Regulation 65 (content of notices) has effect as if—

       11. 113. Modifications to Part 7

       12. 113A. Regulation 68(4A) has effect as if, for “accepted a recommendation”,...

       13. 114. Regulation 69 (interim review) has effect as if—

       14. 115. Regulation 70 (expiry review) has effect as if—

       15. 116. Regulation 71 (new exporter review) has effect as if—

       16. 117. Regulation 72 (absorption review) has effect as if—

       17. 118. Regulation 73 (circumvention review) has effect as if—

       18. 119. Regulation 74 (scope review) has effect as if—

       19. 120. Chapter 3 of Part 7 (TRA recommendation and decision of...

       20. 121. Regulation 75 (TRA recommendation to the Secretary of State) has...

       21. 122. Regulation 76 (acceptance or rejection of the TRA's recommendation by...

       22. 123. Modifications to Part 8

       23. 124. Regulation 78 (TRA's power to recommend acceptance of undertakings) has...

       24. 125. Regulation 79 (Secretary of State's power to accept undertakings) has...

       25. 126. Regulation 81 (the acceptance of a new undertaking in place...

       26. 127. Regulation 82 (undertakings ceasing to apply) has effect as if,...

       27. 128. Regulation 83 (breach of an undertaking) has effect as if—...

       28. 129. Regulation 84 (reviews by the TRA of the continuing application...

       29. 130. Modifications to Part 9

       30. 130A. Modifications to Part 9A

       31. 131. Modifications to Part 11

       32. 132. Regulation 91 (relevant period in a dumping investigation) has effect...

       33. 133. Regulation 92 (relevant period in a subsidisation investigation) has effect...

       34. 134. Modifications to Part 12

       35. 135. Regulation 98A(2) has effect as if sub-paragraph (b) were omitted....

       36. 136. Regulation 100(1) has effect as if the words “to the...

       37. 137. Regulation 101 has effect as if— (a) for “accept”, there...

       38. 137A. Regulation 101A has effect as if— (a) in the heading,...

       39. 137B. Regulations 101B and 101C have effect as if—

       40. 138. Modifications to Schedule 2

       41. 139. Modifications to Schedule 3

       42. 140. Modifications to Schedule 4

       43. 141. Modifications to Schedule 5

       44. 141A. Modifications to Schedule 5A

       45. 142. Modifications to Schedule 6

16. Signature

17. 1. SCHEDULE 1

       Content of applications

       1. 1. Content of an application for the initiation of a dumping investigation

       2. 2. Content of an application for the initiation of a subsidisation investigation

    2. SCHEDULE 2

       Content of notices

       1. 1. Notice of initiation of a dumping investigation

       2. 2. Notice of initiation of a subsidisation investigation

       3. 3. Notice of a provisional affirmative determination with no recommendation regarding requiring a guarantee

       4. 4. Notice of the Secretary of State accepting or rejecting a recommendation by the TRA regarding requiring a guarantee

       5. 5. Notice of a final affirmative determination with no recommendation on an anti-dumping amount or a countervailing amount

       6. 6. Notice of the Secretary of State accepting or rejecting a recommendation by the TRA on an anti-dumping amount or a countervailing amount

       7. 7. Notice of a final negative determination

       8. 8. Notice of termination

       9. 9. Notice of repayment of an anti-dumping amount or a countervailing amount

    3. SCHEDULE 3

       Content of reviews notices

       1. 1. Notice of initiation of a review

       2. 1A. Notice of expiry of anti-dumping amount or countervailing amount

       3. 2. Notice of termination of a review

       4. 3. Notice of the Secretary of State accepting or rejecting a recommendation by the TRA on the variation of an anti-dumping amount or a countervailing amount

       5. 3A. Notice of the Secretary of State accepting or rejecting a recommendation by the TRA to exempt an importer or overseas exporter from an anti-dumping amount or a countervailing amount or a UK trade remedies measure

       6. 4. Notice of the Secretary of State accepting or rejecting a recommendation by the TRA to revoke the application of an anti-dumping amount or a countervailing amount

    4. SCHEDULE 4

       Content of undertakings notices

       1. 1. Notice of the Secretary of State accepting a recommendation by the TRA on accepting an undertaking

       2. 2. Notice of the Secretary of State that an undertaking ceases to apply

       3. 3. Notice that the acceptance of an undertaking is withdrawn following a breach of the undertaking

       4. 4. Notice of the Secretary of State accepting a recommendation by the TRA regarding the continuing application of an undertaking

    5. SCHEDULE 5

       Content of suspension notices

       1. 1. Notice of the Secretary of State accepting or rejecting a recommendation by the TRA regarding suspension

       2. 2. Notice of rejection of an application for an extension of the period of suspension

       3. 3. Notice of the Secretary of State accepting or rejecting a recommendation by the TRA regarding an extension of the period of suspension

       4. 4. Notice of the Secretary of State accepting or rejecting a recommendation by the TRA regarding reinstatement of an anti-dumping amount or a countervailing amount

    6. SCHEDULE 5A

       Content of international dispute investigation notices

       1. 1. Notice of initiation

       2. 2. Notice of determination to maintain the application of an anti-dumping amount or a countervailing amount

       3. 3. Notice of the Secretary of State accepting or rejecting a recommendation by the TRA relating to an international dispute investigation

    7. SCHEDULE 6

       Content of notices concerning extensions of provisional remedies

       1. 1. Notice of the Secretary of State accepting or rejecting a recommendation by the TRA regarding an extension of the period of a provisional remedy in a dumping investigation

18. Explanatory Note