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

Determinations of the TRA U.K.

50.—(1) The TRA must, in accordance with this regulation, make determinations covering all of the goods subject to review.

(2) Where, under regulation 49(4), the TRA considers that goods belonging to a specified category of steel products were not being imported into the United Kingdom in increased quantities [F1 or were not being produced by UK producers], a determination of the TRA referred to in paragraph (1) must be a determination that the application of a tariff rate quota to those goods F2 ... be revoked.

(3) A determination referred to in paragraph (2) must be made as soon as practicable.

(4) Where, under regulation 49(4), the TRA considers that goods belonging to a specified category of steel products were being imported into the United Kingdom in increased quantities, a determination of the TRA referred to in paragraph (1) is a determination, made upon the conclusion of the transition review, that the application of a tariff rate quota to goods should—

(a) continue unvaried;

(b) be varied;

(c) be replaced by a safeguarding amount; or

(d) be revoked.

(5) The TRA must not make a determination that the application of a tariff rate quota to goods should continue unvaried unless it is satisfied that the application of the tariff rate quota to those goods in accordance with that determination would meet the economic interest test (see paragraph 23 of Schedule 5 to the Act) and, where it is not so satisfied, it must instead make a determination that the application of that tariff rate quota to those goods should be revoked.

(6) Where the TRA makes a determination that the application of a tariff rate quota to goods should be varied, the variation may, among other things, comprise or include—

(a) increasing the amount of a tariff rate quota;

(b) varying (or providing for) the allocation of a tariff rate quota;

(c) reducing the additional rate of import duty;

(d) reducing [F3 or extending] the period for which a tariff rate quota applies to goods;

(e) [F4 varying] the pace of liberalisation.

[F5 (f) varying (or providing for) the terms on which a part or the whole of a tariff rate quota is allocated or may be utilised.]

[F6 (7) A determination of the TRA referred to in paragraph (6) may include a determination to extend the period for which a tariff rate quota applies to goods only if the TRA considers that—

(a) the tariff rate quota continues to be necessary to prevent serious injury to UK producers; and

(b) there is evidence of UK producers adjusting to the importation of the goods.]

Textual Amendments

F1 Words in reg. 50(2) inserted (5.8.2020) by The Trade Remedies (Amendment) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/730), regs. 1, 9(a)(i)

F2 Words in reg. 50(2) omitted (5.8.2020) by virtue of The Trade Remedies (Amendment) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/730), regs. 1, 9(a)(ii)

F3 Words in reg. 50(6)(d) inserted (5.8.2020) by The Trade Remedies (Amendment) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/730), regs. 1, 9(b)

F4 Word in reg. 50(6)(e) substituted (30.10.2019) by The Trade Remedies (Increase in Imports Causing Serious Injury to UK Producers) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/1319), regs. 1, 3(5)(a)

F5 Reg. 50(6)(f) inserted (30.10.2019) by The Trade Remedies (Increase in Imports Causing Serious Injury to UK Producers) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/1319), regs. 1, 3(5)(b)

F6 Reg. 50(7) substituted (5.8.2020) by The Trade Remedies (Amendment) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/730), regs. 1, 9(c)

Commencement Information

I1 Reg. 50 in force at 6.3.2019 with effect in accordance with reg. 1(3)-(8), see reg. 1(2)