The Trade Remedies (Increase in Imports Causing Serious Injury to UK Producers) (EU Exit) Regulations 2019

[F1 Tariff rate quota review U.K.

35B.— (1) The TRA may conduct a review to consider whether a tariff rate quota to which goods are subject should be varied (a “TRQ review”) where it is satisfied that there is sufficient information indicating that there may have been a change of circumstances (see paragraph (9)) since the application of that tariff rate quota to those goods.

(2) The TRA may initiate a TRQ review—

(a) following the receipt of an application made by or on behalf of an interested party (a “TRQ review application”); or

(b) on its own initiative.

[F2 (2A) Where an application is made under paragraph (2)(a), the TRA must notify the Secretary of State of that application before the end of the second working day after the day on which it receives the application.]

(3) The TRA may reject a TRQ review application if it is made before the end of the period of six months beginning with the conclusion of—

(a) an investigation conducted under Part 5;

(b) a mid-term review;

(c) an extension review; or

(d) the transition review (under Part 9) in respect of the same tariff rate quota.

(4) The TRA may reject a TRQ review application if it is not made via the TRA’s case management system.

(5) [F3 Where the TRA decides to initiate a TRQ review, the TRA must notify the Secretary of State that it intends to initiate a TRQ review and, after the relevant interval, must take the following steps in the order in which they are set out]—

[F4 (aa) initiate the review;]

(a) publish a notice of its decision to initiate a TRQ review (a “notice of initiation of a review”) containing the information set out in paragraph 9 of the Schedule; and

(b) notify the Secretary of State and interested parties.

[F5 (5A) In paragraph (5), the “relevant interval” is the period of two working days beginning with the first working day after the day on which the TRA notifies the Secretary of State of its intention to initiate the review.]

(6) In conducting a TRQ review, the TRA—

(a) need not make any assessments or determinations under Parts 2 to 4;

(b) must determine whether there has been a change in circumstances (see paragraph (9)) since the application of the relevant tariff rate quota; and

(c) may consider—

(i) whether the amount or allocation of the tariff rate quota is appropriate for domestic market conditions;

(ii) the desirability of maintaining, as far as possible, traditional trade flows;

(iii) any other factors that it considers relevant.

(7) Following a TRQ review, the TRA may determine that the tariff rate quota to which goods are subject should be—

(a) maintained in accordance with the relevant public notice made under section 13 of the Act;

(b) varied; or

(c) where there is sufficient evidence that UK producers have ceased production of those goods, revoked.

[F6 (7A) Where the TRA proposes to make a determination under paragraph (7)(a) the TRA must notify the Secretary of State of its proposed determination.

(7B) Where the Secretary of State has been notified in accordance with paragraph (7A), the Secretary of State may, within the relevant period (and subject to paragraph (7C)), request that the TRA reassess its proposed determination by reference to any matter specified in the request.

(7C) The Secretary of State may only make a request under paragraph (7B) where the Secretary of State considers that—

(a) there is information that the TRA did not take into account in its review that is relevant to the proposed determination;

(b) the TRA has made an error in relation to its proposed determination; or

(c) exceptional circumstances make the request appropriate.

(7D) The TRA must comply with a request under paragraph (7B).

(7E) The TRA may not make its proposed determination until—

(a) the relevant period has ended; or

(b) if the Secretary of State informs the TRA within the relevant period that the Secretary of State will not make a request under paragraph (7B), the time when the TRA receives that information.

(7F) For the purposes of paragraphs (7B) and (7E), the “relevant period” is the period of 21 days beginning with the day on which the TRA notifies the Secretary of State that it proposes to make the determination in question.]

[F7 (8) The TRA must not vary a tariff rate quota by—

(a) reducing the rate of import duty that applies to goods subject to that quota; or

(b) varying the period for which goods are subject to that quota.]

(9) For the purposes of paragraphs (1) and (6)(b), a change of circumstances may, among other things, be—

(a) the fact that the tariff rate quota, or any part of the quota, has been exhausted;

(b) a change in demand for the relevant goods;

(c) the effect of an anti-dumping amount or a countervailing amount being applied to the relevant goods or like goods and directly competitive goods in the United Kingdom;

(d) trade diversion in relation to the imposition of anti-dumping, countervailing, safeguard or other trade measures by a foreign country or territory;

(e) the impact of the tariff rate quota on traditional trade flows;

(f) the fact that imports from a developing country member of the WTO which have been excluded from the application of the tariff rate quota can no longer be excluded under regulation 43 (developing country exception);

(g) the fact that imports from a developing country member of the WTO which have not been excluded from the application of the tariff rate quota should be excluded under regulation 43.]

Textual Amendments

F1 Regs. 35A, 35B inserted (1.3.2020) by The Trade Remedies (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/99), regs. 1, 6

F2 Reg. 35B(2A) inserted (25.9.2023) by The Trade Remedies (Increase in Imports Causing Serious Injury to UK Producers) (EU Exit) (Amendment) Regulations 2023 (S.I. 2023/954), regs. 1(2), 11(a) (with reg. 2)

F3 Words in reg. 35B(5) substituted (25.9.2023) by The Trade Remedies (Increase in Imports Causing Serious Injury to UK Producers) (EU Exit) (Amendment) Regulations 2023 (S.I. 2023/954), regs. 1(2), 11(b)(i) (with reg. 2)

F4 Reg. 35B(5)(aa) inserted (25.9.2023) by The Trade Remedies (Increase in Imports Causing Serious Injury to UK Producers) (EU Exit) (Amendment) Regulations 2023 (S.I. 2023/954), regs. 1(2), 11(b)(ii) (with reg. 2)

F5 Reg. 35B(5A) inserted (25.9.2023) by The Trade Remedies (Increase in Imports Causing Serious Injury to UK Producers) (EU Exit) (Amendment) Regulations 2023 (S.I. 2023/954), regs. 1(2), 11(c) (with reg. 2)

F6 Reg. 35B(7A)-(7F) inserted (25.9.2023) by The Trade Remedies (Increase in Imports Causing Serious Injury to UK Producers) (EU Exit) (Amendment) Regulations 2023 (S.I. 2023/954), regs. 1(2), 11(d) (with reg. 2)

F7 Reg. 35B(8) substituted (5.8.2020) by The Trade Remedies (Amendment) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/730), regs. 1, 3