The Trade Remedies (Dumping and Subsidisation) (EU Exit) Regulations 2019 No. 450

[F1 PART 12 U.K. Transitional provisions

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

CHAPTER 4 U.K. Transition review

Conduct U.K.

Conduct of transition review U.K.

99A.— [F2 (1) In a transition review, the TRA must consider whether—

(a) the dumping of the goods or the importation of the subsidised goods subject to review would be likely to continue or recur if the anti-dumping amount or countervailing amount were no longer applied to those goods; and

(b) injury to a UK industry in the goods would be likely to continue or recur if the anti-dumping or countervailing amount were no longer applied to those goods.]

(2) The TRA may also—

(a) consider—

(i) whether it is appropriate to recalculate the anti-dumping amount or the countervailing amount;

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

(iii) any of the matters of a review conducted under Chapter 2 of Part 7;

(b) reassess—

(i) the margin of dumping or the amount of the subsidy;

(ii) in accordance with Part 5, the anti-dumping amount or the countervailing amount adequate to remove the injury to a UK industry in the relevant goods caused by the dumped goods or the subsidised imports.

(3) For the purposes of conducting a transition review under regulation 97(2)(a)—

(a) an EU anti-dumping duty is to be treated as an anti-dumping amount;

(b) an EU countervailing duty is to be treated as a countervailing amount.

Textual Amendments

F2 Reg. 99A(1) substituted (3.5.2022) by The Trade Remedies (Miscellaneous Amendments) Regulations 2022 (S.I. 2022/414), regs. 1, 3(5)

Modifications etc. (not altering text)

C1 Reg. 99A modified (2.3.2022) by The Trade Remedies (Review and Reconsideration of Transitioned Trade Remedies) Regulations 2022 (S.I. 2022/113), regs. 1(1), 7(3)(a) (with reg. 3)

Determination of export price U.K.

99B.— (1) This regulation applies if the TRA constructs an export price for the purposes of a transition review in accordance with regulation 15.

(2) The TRA may deduct any anti-dumping amount paid if it is not reflected in resale prices and subsequent selling prices in the United Kingdom.

Modifications etc. (not altering text)

C2 Reg. 99B modified (2.3.2022) by The Trade Remedies (Review and Reconsideration of Transitioned Trade Remedies) Regulations 2022 (S.I. 2022/113), regs. 1(1), 7(3)(a) (with reg. 3)

Relationship with other Parts U.K.

99C.   The TRA may apply Parts 2, 3, 4, and 6 to the extent the TRA considers relevant for the purposes of a transition review.]

Modifications etc. (not altering text)

C3 Reg. 99C modified (2.3.2022) by The Trade Remedies (Review and Reconsideration of Transitioned Trade Remedies) Regulations 2022 (S.I. 2022/113), regs. 1(1), 7(3)(a) (with reg. 3)