The Trade Remedies (Dumping and Subsidisation) (EU Exit) Regulations 2019

[F1 CHAPTER 3 U.K. Transition of EU trade remedies measure

Textual Amendments

F1 Pt. 12 substituted (23.7.2019) by The Trade Remedies (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/1076), regs. 1, 10

Determination to transition EU trade remedies measure U.K.

96.— (1) The Secretary of State may by publishing a notice determine to transition an EU trade remedies measure.

(2) A notice under paragraph (1) may be published at any time before replacement of EU trade duty.

Transition of EU trade remedies measure U.K.

96A.— (1) The Secretary of State must by public notice make provision giving effect to an EU trade remedies measure specified in a determination notice.

(2) A notice made under paragraph (1) must—

(a) be made before replacement of EU trade duty;

(b) take effect on replacement of EU trade duty;

(c) specify—

(i) the anti-dumping amount or the countervailing amount;

(ii) the goods or the description of the goods to which the anti-dumping amount or the countervailing amount applies;

(iii) the period beginning on replacement of EU trade duty for which the anti-dumping amount or the countervailing amount is to apply to those goods;

(d) refer to the relevant determination notice;

(e) if applicable, include a statement that the anti-dumping amount or the countervailing amount is subject to a transition review under regulation 97(2)(b).

(3) Subject to regulations 96B and 96C, the information specified under paragraph (2)(c) must be consistent with the relevant EU trade remedies measure as it applies immediately before replacement of EU trade duty.

(4) Paragraph (1) does not apply if the Secretary of State—

(a) has accepted a recommendation of revocation under regulation 101(1) in relation to the relevant EU trade remedies measure; or

(b) has published a notice withdrawing the relevant determination notice.

(5) A notice under paragraph (1) does not take effect if the relevant EU trade remedies measure is no longer in force.

Transition of expired EU trade remedies measure U.K.

96B.— (1) This regulation applies if an EU trade remedies measure specified in a determination notice remains in force pending the outcome of an EU expiry review.

(2) The period specified under regulation 96A(2)(c)(iii) must end 30 days after replacement of EU trade duty unless regulation 96C applies.

(3) In this regulation, “EU expiry review” means a review conducted by the European Commission in accordance with—

(a) Article 11(2) of the EU anti-dumping regulation; or

(b) Article 18 of the EU countervailing regulation.

Transition of varied EU trade remedies measure U.K.

96C.— (1) This regulation applies if the Secretary of State has accepted a recommendation of variation under regulation 101(1) in relation to the relevant EU trade remedies measure.

(2) The information specified under regulation 96A(2)(c) must be consistent with that recommendation.]