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

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[F1CHAPTER 4U.K.Transition review

Textual Amendments

GeneralU.K.

Transition review of EU trade remedies measureU.K.

97.—(1) The TRA must review every EU trade remedies measure specified in a determination notice.

(2) The TRA may conduct a transition review—

(a)before replacement of EU trade duty, in which case the review is of an EU trade remedies measure; or

(b)after replacement of EU trade duty, in which case the review is of a UK trade remedies measure.

Continuation of transition reviewU.K.

97A.—(1) This regulation applies if—

(a)the TRA is conducting a transition review under regulation 97(2)(a); and

(b)the relevant EU trade remedies measure is transitioned as a UK trade remedies measure.

(2) The TRA must continue the transition review as a review of a UK trade remedies measure being conducted under regulation 97(2)(b).

Termination of transition reviewU.K.

97B.—(1) This regulation applies if—

(a)a transition review is being conducted under regulation 97(2)(a); and

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

(2) The TRA must by publishing a notice terminate that transition review.

(3) A notice under paragraph (2) must contain the information set out in paragraph 2 of Schedule 3.

Continuation of expired UK trade remedies measureU.K.

97C.—[F2(1) This regulation applies if a UK trade remedies measure would otherwise expire during—

(a)a transition review being conducted under regulation 97(2)(b);

(b)the period during which the Secretary of State is to decide in relation to a transition review under the Trade Remedies (Review and Reconsideration of Transitioned Trade Remedies) Regulations 2022.]

(2) The UK trade remedies measure continues to apply until the day the Secretary of State has published a notice in accordance with [F3“regulation 101A(2) or 101C(2)(a) or in accordance with regulation 15(1)(b) of the Trade Remedies (Review and Reconsideration of Transitioned Trade Remedies) Regulations 2022] .

Textual Amendments

InitiationU.K.

Initiation of transition reviewU.K.

98.—(1) The TRA must publish a notice to initiate a transition review before the expiry of—

(a)the relevant EU trade remedies measure, if the review is conducted under regulation 97(2)(a); or

(b)the relevant UK trade remedies measure, if the review is conducted under regulation 97(2)(b).

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

(a)specify—

(i)the relevant EU trade remedies measure, if the review is conducted under regulation 97(2)(a); or

(ii)the relevant UK trade remedies measure, if the review is conducted under regulation 97(2)(b);

(b)contain the information set out in sub-paragraphs (c), (d), (f), (g), and (k) to (o) of paragraph (1) of Schedule 3.

(3) The TRA may satisfy a requirement of paragraph (2) by reference to a document on an Internet site that is available to the public and free of charge.

Notification of transition reviewU.K.

98A.—(1) The TRA must notify the parties of a transition review—

(a)before and after initiating the transition review, if the review relates to a countervailing amount;

(b)after initiating the transition review, if the review relates to an anti-dumping amount.

(2) In this regulation, “the parties” means—

(a)the government of the exporting country or territory;

(b)the Secretary of State.

ConductU.K.

Conduct of transition reviewU.K.

99A.—[F4(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

Modifications etc. (not altering text)

Determination of export priceU.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)

Relationship with other PartsU.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)

RecommendationU.K.

Recommendation following transition reviewU.K.

100.—(1) The TRA must make a recommendation to the Secretary of State following a transition review to vary or revoke the application of the anti-dumping amount or the countervailing amount to the relevant goods.

[F5(1A) Where the TRA makes a recommendation to vary under paragraph (1) and considers that there are two or more options which it could recommend, it may give the Secretary of State each of those options as part of its recommendation.

(1B) The TRA must consider whether it could give the Secretary of State two or more options as part of its recommendation to vary under paragraph (1)—

(a)where the TRA considers that applying an anti-dumping amount or a countervailing amount in accordance with its proposed recommendation would not meet the economic interest test;

(b)where the TRA otherwise considers that it is appropriate.

(1C) Where, after considering whether it could give the Secretary of State two or more options as part of its recommendation to vary in accordance with paragraph (1), the TRA considers that there is only one option which it could reasonably recommend under paragraph (1), it must give the Secretary of State its reasons for reaching that conclusion.

(1D) Where the TRA gives the Secretary of State options, it must—

(a)give the Secretary of State its reasons for including each option; and

(b)inform the Secretary of State which option it prefers and why.

(1E) Where the TRA makes a recommendation to vary under paragraph (1), it must advise the Secretary of State whether and why it considers that the variation of an anti-dumping amount or a countervailing amount (as the case may be) in accordance with its recommendation, or in accordance with each option, as the case may be, would meet the economic interest test.]

(2) A recommendation under paragraph (1) must—

(a)be made in accordance with—

(i)regulation 100A, if the recommendation is variation;

(ii)regulation 100B, if the recommendation is revocation;

(b)include—

(i)a description of the goods to which the recommendation relates;

(ii)the names of overseas exporters or, where impracticable, the exporting countries or territories;

(iii)a summary of the review;

(iv)the reasons for the recommendation.

F6(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Recommendation of variationU.K.

100A.—(1) This regulation applies if the TRA is making a recommendation under regulation 100(1) to vary the application of the anti-dumping amount or the countervailing amount applicable to the relevant goods.

(2) The TRA must—

F7(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)have had regard to the current and prospective impact of the anti-dumping amount or the countervailing amount;

(c)specify the information set out in regulation 96A(2)(c).

(3) The TRA must not make a recommendation comprising or including—

(a)an anti-dumping amount that exceeds the margin of dumping;

(b)a countervailing amount that exceeds the amount of subsidy;

(c)an anti-dumping amount or a countervailing amount that is more than an amount the TRA is satisfied would be adequate to prevent or remove injury to the UK industry caused by the dumped or subsidised goods;

(d)a period for which the anti-dumping amount or the countervailing amount is to apply that extends more than five years after the appropriate date.

(4) The TRA may recommend—

(a)a different anti-dumping amount or a different countervailing amount to apply in respect of some of the relevant goods;

(b)maintaining the anti-dumping amount or the countervailing amount if it has not been possible for the TRA to recalculate that amount.

Textual Amendments

Recommendation of revocationU.K.

100B.—(1) This regulation applies if the TRA is making a recommendation under regulation 100(1) to revoke the application of the anti-dumping amount or the countervailing amount applicable to the relevant goods.

(2) The TRA must recommend the appropriate date as the date the anti-dumping amount or the countervailing amount is revoked.

DecisionU.K.

[F8Powers of the Secretary of State in relation to the TRA’s recommendation]U.K.

101.—[F9(1) The Secretary of State must—

(a)accept or reject the recommendation made under regulation 100(1); or

(b)request that the TRA reassess its recommendation, by reference to any matters specified in the request, with a view to amending or replacing the recommendation.]

[F10(1A) The Secretary of State may reject the recommendation only if the Secretary of State is satisfied that it is not in the public interest to accept it.

(1B) Where the Secretary of State accepts a recommendation which contains options given in reliance on regulation 100(1A), the Secretary of State must decide which of those options to adopt.]

[F11(2) In considering what action to take under paragraph (1), the Secretary of State must have regard to the TRA’s advice on whether the application of an anti-dumping amount or a countervailing amount to goods in accordance with the recommendation, or in accordance with each option, as the case may be, would meet the economic interest test.]

[F12(2A) The Secretary of State may only make a request under paragraph (1)(b) 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 recommendation;

(b)the TRA made an error in relation to its recommendation; or

(c)exceptional circumstances make the request appropriate.

(2B) Before making a request under paragraph (1)(b), the Secretary of State must consult the TRA.

(2C) Where the Secretary of State makes a request under paragraph (1)(b), the TRA must—

(a)comply with the request; and

(b)in reassessing its recommendation, have regard to any particular considerations which the Secretary of State may specify in the request.]

F13(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Rejection of recommendationU.K.

101A.—(1) This regulation applies if the Secretary of State rejects [F14under regulation 101(1) a recommendation] [F15and does not make a decision under regulation 101D].

(2) The Secretary of State must—

(a)publish a notice containing—

(i)a description of the goods to which the notice relates;

(ii)a summary of the review;

(iii)the recommendation made under regulation 100(1);

(iv)the reasons for rejecting the recommendation;

(b)notify interested parties;

(c)lay a statement before the House of Commons setting out the reasons for rejecting the recommendation.

Textual Amendments

Acceptance of recommendation before replacement of EU trade dutyU.K.

101B.—(1) This regulation applies if the Secretary of State accepts [F16under regulation 101(1) a recommendation] before replacement of EU trade duty.

(2) The Secretary of State must publish a notice containing—

(a)in relation to a recommendation of variation—

(i)the information set out in regulation [F17101A(2)(a)(i) to (iii)];

(ii)a statement that the EU trade remedies measure will be transitioned on replacement of EU trade duty;

(b)in relation to a recommendation of revocation—

(i)the information set out in regulation [F18101A(2)(a)(i) to (iii)];

(ii)a statement that the EU trade remedies measure will not be transitioned on replacement of EU trade duty.

Textual Amendments

Acceptance of recommendation after replacement of EU trade dutyU.K.

101C.—(1) This regulation applies if the Secretary of State accepts [F19under regulation 101(1) a recommendation] after replacement of EU trade duty.

(2) The Secretary of State must—

(a)make provision by public notice giving effect to that recommendation;

(b)notify interested parties.

(3) A notice made under paragraph (2)(a) must—

(a)contain the information set out in regulation [F20101A(2)(a)(i) to (iii)];

(b)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 the appropriate date for which the anti-dumping amount or the countervailing amount is to apply to those goods.]

Textual Amendments

[F21Secretary of State’s power to apply an alternative remedyU.K.

101D.—(1) This regulation applies where—

(a)the TRA makes a recommendation under regulation 100(1) to vary the application of the anti-dumping amount or the countervailing amount; and

(b)the Secretary of State rejects the recommendation.

(2) If the Secretary of State considers that it is in the public interest to do so, the Secretary of State may decide that the application of the anti-dumping amount or countervailing amount should be varied other than in accordance with the recommendation, or revoked.

(3) Where the Secretary of State makes a decision under paragraph (2), the Secretary of State must—

(a)publish notice of the decision;

(b)notify interested parties accordingly; and

(c)lay a statement before the House of Commons setting out the reasons for making the decision.

(4) A notice made under paragraph (3)(a) must—

(a)contain the information set out in regulation 101A(2)(a)(i) to (iii);

(b)where applicable, specify—

(i)the reason for rejecting the recommendation and for applying the alternative anti-dumping or countervailing amount;

(ii)the alternative anti-dumping or countervailing amount;

(iii)the period beginning on the appropriate date for which the anti-dumping or countervailing amount is to apply to those goods.

Textual Amendments

Power to request assistance etc. from TRAU.K.

101E.—(1) The Secretary of State may request that the TRA give advice, information or other support to the Secretary of State for the purpose of allowing the Secretary of State to decide whether to make a decision under regulation 101D(2).

(2) The Secretary of State may include in a request under paragraph (1) a requirement that the TRA investigate and provide a report on any matter specified in the request.

(3) Before making a request under paragraph (1), the Secretary of State must consult the TRA.

(4) The TRA must comply with a request under paragraph (1).]

Textual Amendments

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