The Trade Remedies (Review and Reconsideration of Transitioned Trade Remedies) Regulations 2022

TRA’s functions

7.—(1) For the purpose of assisting the Secretary of State in making a decision as mentioned in in regulation 3(b), the TRA must—

(a) investigate and analyse the impact of the transitioned trade remedy under review or reconsideration;

(b) gather and assess evidence in connection with the impact of the transitioned trade remedy;

(c) provide a report to the Secretary of State (in these Regulations referred to as a “Report of Findings”) before a date specified by the Secretary of State which must include—

(i) a summary of the investigation and the analysis conducted by the TRA in relation to the impact of the transitioned trade remedy under review or reconsideration,

(ii) the TRA’s assessment of the evidence gathered,

(iii) whether the TRA considers the economic interest test is met in relation to the transitioned trade remedy under review or reconsideration, and

(iv) advice to the Secretary of State in connection with the matters under review or reconsideration, including in relation to the economic interest test, and the reasons for that advice.

(2) The Secretary of State may direct the TRA to provide such other assistance as the Secretary of State considers necessary for the purpose of making a decision as mentioned in regulation 3(b).

(3) For the purpose of the TRA providing assistance to the Secretary of State pursuant to this regulation, where the Secretary of State is to decide—

(a) in relation to a review of the application of an anti-dumping amount or a countervailing amount to goods, regulations 99A, 99B and 99C of the Dumping and Subsidisation Regulations have effect;

(b) in relation to a reconsideration of a transitioned trade remedy, regulations 3, 5, 7, 8 and 13 of the Reconsideration and Appeals Regulations have effect subject to the modifications specified in regulation 18.

(4) For the purposes of this regulation “economic interest test” has the meaning given by—

(a) paragraph 25 of Schedule 4 to the TCTA 2018(1), in relation to the application of an anti-dumping amount or a countervailing amount;

(b) paragraph 23 of Schedule 5 to the TCTA 2018 in relation to the application of a tariff rate quota.

(1)

“The TCTA 2018” is defined in the Finance (No. 2) Bill as published by the House of Commons on 4th November 2021.