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The Taxation (Cross-border Trade) Act 2018 (Appointed Days No. 4 and Transitional Provisions) (Modification) (EU Exit) Regulations 2019

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Modifications to Part 4 (definitive remedies: anti-dumping amount or countervailing amount)

10.  Paragraph 20 (Secretary of State’s power to accept or reject a recommendation) of Schedule 4 to the Act has effect as if—

(a)for the heading of that paragraph, there were substituted—

“Secretary of State’s decision whether to give effect to a preliminary decision regarding the application of an anti-dumping amount or a countervailing amount”; and

(b)for that paragraph, there were substituted—

“20.—(1)  If the Secretary of State makes a preliminary decision under paragraph 17(3) or (4), the Secretary of State must decide whether to give effect to the preliminary decision.

(2) The Secretary of State may decide not to give effect to the preliminary decision only if the Secretary of State is satisfied that it is not in the public interest to give effect to it.

(3) If the Secretary of State decides not to give effect to the preliminary decision, the Secretary of State must—

(a)publish notice of the final affirmative determination in relation to the goods, of the preliminary decision, and of the decision not to give effect to it,

(b)notify interested parties (see paragraph 32(3)) accordingly, and

(c)lay a statement before the House of Commons setting out the reasons for deciding not to give effect to the preliminary decision.

(4) If the Secretary of State decides to give effect to the preliminary decision, the Secretary of State—

(a)must publish notice of the final affirmative determination in relation to the goods, of the preliminary decision, and of the decision to give effect to it,

(b)must notify interested parties accordingly, and

(c)is required under section 13 to make provision by public notice to give effect to the preliminary decision.

(5) See paragraphs 21 and 22 for variation or revocation of the application of an anti-dumping amount or a countervailing amount.”.

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