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

CHAPTER 3 U.K. TRA recommendation and decision of the Secretary of State

TRA recommendation to the Secretary of State U.K.

75.—(1) Following the conclusion of a review, the TRA must make a recommendation to the Secretary of State, where it is satisfied that F1 ...—

(a) the application of an anti-dumping amount or a countervailing amount to some or all of the goods subject to review should be varied;

(b) the application of an anti-dumping amount or a countervailing amount to some or all of the goods subject to review should be revoked;

(c) the period of the application of an anti-dumping amount or a countervailing amount should be extended; or

(d) an anti-dumping amount or a countervailing amount should be applied to a new exporter at a particular level.

(2) The TRA's recommendation must include—

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

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

(c) where relevant, the recommended period for which the anti-dumping amount or countervailing amount should be applicable, which must begin on the day after the date of publication of the public notice under section 13 of the Act giving effect to the recommendation, unless the TRA makes a recommendation in accordance with paragraph (3); and

(d) the reasons for its recommendation.

[F2 (2A) Where, in relation to an early review, an interim review or an expiry review, the TRA considers that there are two or more options which it could recommend under paragraph (1), it may give the Secretary of State each of those options as part of its recommendation.

(2B) The TRA must consider whether it could give the Secretary of State two or more options as part of its recommendation under paragraph (1)—

(a) in the case of an interim review or an expiry review, 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; or

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

(2C) Where, after considering whether it could give the Secretary of State two or more options as part of its recommendation in accordance with paragraph (2A), 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.

(2D) 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.

(2E) Where, in the case of an interim review or an expiry review, the TRA makes a recommendation under paragraph (1) to extend the application of an anti-dumping amount or a countervailing amount, it must advise the Secretary of State whether and why it considers that the extension of the application of that amount in accordance with its recommendation, or in accordance with each option, as the case may be, would meet the economic interest test.]

(3) The TRA may recommend that the application of a varied anti-dumping amount or countervailing amount should be applicable to goods from a date before the date set out in the public notice made under section 13 of the Act giving effect to the recommendation where—

(a) the recommendation is in respect of a review in accordance with regulation 73 (circumvention review); and

(b) the requirements set out in paragraph 21(10) of Schedule 4 to the Act are satisfied.

(4) Where the TRA terminates a review but does not make a recommendation in accordance with paragraph (1), the TRA must—

(a) publish a notice containing the information set out in paragraph 2 of Schedule 3; and

(b) notify the Secretary of State and interested parties.

Textual Amendments

F1 Words in reg. 75(1) omitted (23.5.2024) by virtue of The Trade Remedies (Amendment) Regulations 2024 (S.I. 2024/545), regs. 1(2), 17(a) (with reg. 2)

F2 Reg. 75(2A)-(2E) inserted (23.5.2024) by The Trade Remedies (Amendment) Regulations 2024 (S.I. 2024/545), regs. 1(2), 17(b) (with reg. 2)

Commencement Information

I1 Reg. 75 in force at 6.3.2019, see reg. 1(2)

[F3 Powers of the Secretary of State in relation to the TRA’s recommendation] U.K.

76.—(1) Where the TRA makes a recommendation in accordance with regulation 75 (TRA recommendation to the Secretary of State), the Secretary of State must [F4 —

(a) accept or reject the recommendation; or

(b) except in the case of a recommendation made in relation to an early review under regulation 68A, 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.]

[F5 (1A) Where the Secretary of State accepts a recommendation which contains options given in reliance on paragraph 75(2A), the Secretary of State must decide which of those options to adopt.]

(2) The Secretary of State may reject the TRA's recommendation only if the Secretary of State is satisfied that it is not in the public interest to accept the recommendation.

(3) In considering that, where the recommendation is one which comprises or includes extending the period for which an anti-dumping amount or a countervailing amount applies [F6 following an interim or expiry review, 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].

(4) Where the Secretary of State rejects the TRA's recommendation [F7 and does not make a decision under regulation 76A], the Secretary of State must—

(a) publish a notice containing the information set out in paragraph 3 or 4 of Schedule 3;

(b) notify interested parties; and

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

(5) Where the Secretary of State accepts the TRA's recommendation, the notice published by the Secretary of State under paragraph 21(7)(a) of Schedule 4 to the Act must contain the information set out in paragraph 3 or 4 of Schedule 3.

[F8 (6) Where the Secretary of State accepts the TRA’s recommendation, the Secretary of State may decide that the date from which any variation has effect is a date before the date of the recommendation by the TRA.

(7) 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.

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

Textual Amendments

F3 Reg. 76 heading substituted (23.5.2024) by The Trade Remedies (Amendment) Regulations 2024 (S.I. 2024/545), regs. 1(2), 18(a) (with reg. 2)

F4 Reg. 76(1)(a)(b) substituted for words in reg. 76(1) (23.5.2024) by The Trade Remedies (Amendment) Regulations 2024 (S.I. 2024/545), regs. 1(2), 18(b) (with reg. 2)

F5 Reg. 76(1A) inserted (23.5.2024) by The Trade Remedies (Amendment) Regulations 2024 (S.I. 2024/545), regs. 1(2), 18(c) (with reg. 2)

F6 Words in reg. 76(3) substituted (23.5.2024) by The Trade Remedies (Amendment) Regulations 2024 (S.I. 2024/545), regs. 1(2), 18(d) (with reg. 2)

F7 Words in reg. 76(4) inserted (23.5.2024) by The Trade Remedies (Amendment) Regulations 2024 (S.I. 2024/545), regs. 1(2), 18(e) (with reg. 2)

F8 Reg. 76(6)-(9) inserted (23.5.2024) by The Trade Remedies (Amendment) Regulations 2024 (S.I. 2024/545), regs. 1(2), 18(f) (with reg. 2)

Commencement Information

I2 Reg. 76 in force at 6.3.2019, see reg. 1(2)

[F9 Secretary of State’s power to apply an alternative remedy U.K.

76A.— (1) This regulation applies where—

(a) the TRA makes a recommendation under regulation 75(1)(a), (c) or (d); 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—

(a) varied or applied, or the period of application of that amount extended, other than in accordance with the recommendation, subject to paragraph (3) where applicable; or

(b) revoked.

(3) Where the Secretary of State makes a decision under paragraph (2)(a) in respect of—

(a) a recommendation made by the TRA following a determination by the TRA under regulation 69(11), the restriction in regulation 69(12) applies to the Secretary of State’s decision;

(b) a recommendation made by the TRA following a determination by the TRA under regulation 72(7), the restriction in regulation 72(6) applies to the Secretary of State’s decision.

(4) Where the Secretary of State makes a decision under paragraph (2), the Secretary of State may decide that the date from which any revocation or variation has effect is a date before the date of the decision by the Secretary of State.

(5) Where the Secretary of State makes a decision under paragraph (2)—

(a) the notice published by the Secretary of State under paragraph 21(7)(a) of Schedule 4 to the Act must contain the information set out in paragraph 3 of Schedule 3; and

(b) the Secretary of State must lay a statement before the House of Commons setting out the reasons for the decision.

Textual Amendments

F9 Regs. 76A, 76B inserted (23.5.2024) by The Trade Remedies (Amendment) Regulations 2024 (S.I. 2024/545), regs. 1(2), 19 (with reg. 2)

Power to request assistance etc. from TRA U.K.

76B.— (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 76A(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

F9 Regs. 76A, 76B inserted (23.5.2024) by The Trade Remedies (Amendment) Regulations 2024 (S.I. 2024/545), regs. 1(2), 19 (with reg. 2)