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

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

7.  Paragraph 17 (TRA’s duty to recommend an anti-dumping amount or countervailing amount) of Schedule 4 to the Act has effect as if—

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

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

(b) for that paragraph, there were substituted—

“17.— (1) This paragraph applies where the Secretary of State makes a final affirmative determination in relation to goods which are the subject of a dumping or a subsidisation investigation.

(2) Goods in relation to which that determination is made are referred to in this paragraph as relevant goods.

(3) In the case of a dumping investigation, the Secretary of State may make a preliminary decision —

(a) that an additional amount of import duty (referred to in this Schedule as an “anti-dumping amount”) should be applicable for a specified period to all the relevant goods except, in the case of goods in respect of which an undertaking is accepted under provision made by or under Part 5, during any period when the undertaking applies, and

(b) regarding the anti-dumping amount that should be applicable to the relevant goods.

(4) In the case of a subsidisation investigation, the Secretary of State may make a preliminary decision —

(a) that an additional amount of import duty (referred to in this Schedule as a “countervailing amount”) should be applicable for a specified period to all the relevant goods except, in the case of goods in respect of which an undertaking is accepted under provision made by or under Part 5, during any period when the undertaking applies, and

(b) regarding the countervailing amount that should be applicable to the relevant goods.

(5) The Secretary of State may make a preliminary decision under sub-paragraph (3) or (4) only if the Secretary of State is satisfied that the application of an anti-dumping amount or a countervailing amount in accordance with the preliminary decision meets the economic interest test (see paragraph 25).

(6) The Secretary of State may make different preliminary decisions under sub-paragraph (3) or (4) for different relevant goods or descriptions of relevant goods, including by reference to—

(a) specified overseas exporters or descriptions of overseas exporters;

(b) specified foreign countries or territories or descriptions of foreign countries or territories.

(7) But the Secretary of State may only make one preliminary decision under sub-paragraph (3) or, as the case may be, sub-paragraph (4) in relation to any particular relevant good.

(8) And the Secretary of State may make different preliminary decisions under sub-paragraph (3) or (4) for different relevant goods or descriptions of relevant goods only if the preliminary decisions which the Secretary of State makes under that sub-paragraph when taken together cover all the relevant goods.

(9) If the Secretary of State determines that there are one or more preliminary decisions which the Secretary of State could make under sub-paragraph (3) or, as the case may be, sub-paragraph (4), then the Secretary of State must make that preliminary decision or those preliminary decisions (subject to sub-paragraphs (7) and (8)).

(10) If the Secretary of State determines that there is no preliminary decision that the Secretary of State could make under sub-paragraph (3) or (4) (as the case may be), the Secretary of State must—

(a) publish notice of the final affirmative determination in relation to the goods,

(b) publish notice of the determination that there is no preliminary decision which the Secretary of State could make under sub-paragraph (3) or (4), and

(c) notify interested parties (see paragraph 32(3)) accordingly.”.