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

Review of tariff rate quotas under this Part

49.—(1) The TRA must—

(a) conduct a review (referred to in this Part as the “transition review”) of the application of the tariff rate quotas applicable to goods under this Part; and

(b) initiate that review at the request of, and within any time period stipulated by, the Secretary of State.

(2) Upon initiating the transition review, the TRA must—

(a) publish a notice of its initiation of the review; and

(b) notify the Secretary of State accordingly.

(3) The notice referred to in paragraph (2)(a) must contain—

(a) details of the content of the public notice referred to in regulation 47(2);

(b) the information referred to in paragraph 9 of the Schedule.

(4) The transition review is a review to consider whether goods belonging to each specified category of steel products were, during the same investigation period considered by the European Commission in connection with the EU tariff rate quotas, imported into the United Kingdom in increased quantities and, where the TRA finds that goods belonging to such a category were so imported, whether—

(a) the importation of those goods in increased quantities would be likely to recur if they were no longer subject to a tariff rate quota;

(b) there would be serious injury to UK producers of the like goods and directly competitive goods if goods belonging to that category were no longer subject to a tariff rate quota;

(c) the continuation of a tariff rate quota is necessary to facilitate the adjustment of the UK producers of the like goods and directly competitive goods to the importation of goods belonging to that category; and

(d) whether an alternative tariff rate quota or the application of a safeguarding amount to goods belonging to that category would better meet the aim of preventing the recurrence of serious injury to the UK producers of the like goods and directly competitive goods.

(5) The transition review may include the consideration of whether it is appropriate to—

(a) increase the amount of a tariff rate quota and, if so, to what level;

(b) vary (or provide for) the allocation of a tariff rate quota and, if so, how;

(c) reduce the additional amount of import duty and, if so, to what level;

(d) reduce the period for which goods are subject to the quota and, if so, to what period;

(e) increase the pace of liberalisation and, if so, how.

(6) Parts 2 to 5 apply to the transition review to the extent that the TRA considers relevant.

(7) Where other Parts of these Regulations are applied to the transition review, references in those Parts to “goods concerned” and similar expressions shall be construed as references to the goods to which the application of a tariff rate quota is being reviewed.

(8) The TRA may initiate the transition review before replacement day.

(9) If the TRA initiates the transition review before replacement day, it may terminate the review.

(10) Where the TRA terminates the transition review, it must—

(a) conduct the transition review at a later date;

(b) initiate that review at the request of, and within any time period stipulated by, the Secretary of State;

(c) publish a notice containing the information referred to in paragraph 12 of the Schedule.