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

[F1PART 9AU.K.Investigation in light of an international dispute decision

Textual Amendments

GeneralU.K.

Investigation in light of an international dispute decisionU.K.

88A.—(1) The Secretary of State may direct the TRA to investigate whether the application to goods of an anti-dumping amount or a countervailing amount should be maintained, varied, or revoked in light of an international dispute decision.

(2) In this Part, “international dispute investigation” means an investigation required by the Secretary of State under paragraph (1).

Suspension of an anti-dumping amount or a countervailing amountU.K.

88B.—(1) The Secretary of State may by public notice suspend the application to goods of an anti-dumping amount or a countervailing amount for the period it is subject to an international dispute investigation.

(2) The suspension begins the day after the day on which the public notice is published.

[F2(3) The suspension ends the day after the day on which—

(a)the TRA publishes notice under—

(i)regulation 88F(2); or

F3(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)the Secretary of State publishes notice under—

(i)paragraph 22(4)(a) of Schedule 4 to the Act; or

(ii)regulation 88I(4)(a).]

Textual Amendments

InvestigationU.K.

InitiationU.K.

88C.—(1) The TRA must publish notice of its initiation of the international dispute investigation.

(2) The notice must contain the information set out in paragraph 1 of Schedule 5A.

ConductU.K.

88D.  Parts 2 to 6 apply to an international dispute investigation to the extent the TRA considers relevant.

DeterminationU.K.

88E.—(1) The TRA must determine whether the application to goods of the anti-dumping amount or the countervailing amount should be maintained, varied, or revoked in light of the international dispute decision.

(2) The TRA may make different determinations for different goods or descriptions of goods, including by reference to—

(a)an overseas exporter or a description of overseas exporter;

(b)a foreign country or territory or a description of foreign country or territory.

DeterminationU.K.

Determination to maintainU.K.

88F.—(1) This regulation applies if the TRA [F4proposes to determine that] the application to goods of an anti-dumping amount or a countervailing amount should be maintained.

[F5(1A) The TRA must notify the Secretary of State of its proposed determination.

(1B) Where the Secretary of State has been notified in accordance with paragraph (1A), the Secretary of State may, within the relevant period (and subject to paragraph (1C)), request that the TRA reassess its proposed determination by reference to any matter specified in the request.

(1C) The Secretary of State may only make a request under paragraph (1B) where the Secretary of State considers that—

(a)there is information that the TRA did not take into account in its investigation that is relevant to the proposed determination;

(b)the TRA has made an error in relation to its proposed determination; or

(c)exceptional circumstances make the request appropriate.

(1D) The TRA must comply with a request under paragraph (1B).

(1E) The TRA may not make its proposed determination until—

(a)the relevant period has ended; or

(b)if the Secretary of State informs the TRA within the relevant period that the Secretary of State will not make a request under paragraph (1B), the time when the TRA receives that information.

(1F) For the purposes of paragraphs (1B) and (1E), the “relevant period” is the period of 21 days beginning with the day on which the TRA notifies the Secretary of State that it proposes to make the determination in question.]

(2) The TRA must publish notice of the determination.

(3) The notice must contain the information set out in paragraph 2 of Schedule 5A.

Textual Amendments

Determination to varyU.K.

88G.—[F6(1) If the TRA determines the application to goods of an anti-dumping amount or a countervailing amount should be varied, the TRA must make a recommendation to the Secretary of State to that effect.]

F7(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) The TRA may recommend—

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

(b)varying the period for which the anti-dumping amount or the countervailing amount applies;

(c)varying how the anti-dumping amount or the countervailing amount is determined;

(d)any other variation.

[F8(3A) Where, in relation to a recommendation under paragraph (1), the TRA 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.

(3B) 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)where the TRA considers that varying 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.

(3C) Where, after considering whether it could give the Secretary of State two or more options as part of its recommendation in accordance with paragraph (1), the TRA considers that there is only one option which it could reasonably recommend under paragraph (3A), it must give the Secretary of State its reasons for reaching that conclusion.

(3D) 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.

(3E) Where the TRA makes a recommendation under paragraph (1), it must advise the Secretary of State whether and why it considers that varying the application 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 (see paragraph 25 of Schedule 4 to the Act).]

F9(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F9Reg. 88G(4)(5) omitted (23.5.2024) by virtue of The Trade Remedies (Amendment) Regulations 2024 (S.I. 2024/545), regs. 1(2), 26(d) (with reg. 2)

Determination to revokeU.K.

88H.—(1) This regulation applies if the TRA has determined that the application to goods of an anti-dumping amount or a countervailing amount should be revoked.

(2) The TRA must recommend to the Secretary of State that the application to goods of the anti-dumping amount or the countervailing amount should be revoked.

RecommendationU.K.

[F10Powers of the Secretary of State in relation to the TRA’s recommendation]U.K.

88I.—(1) The Secretary of State must [F11—

(a)accept or reject a recommendation made under regulation 88G(1) or 88H(2); 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].

[F12(1A) Where the Secretary of State accepts a recommendation which contains options given in reliance on paragraph 88G(3A), the Secretary of State must decide which of those options to adopt.]

[F13(2) The Secretary of State may reject a recommendation under regulation 88G(1) only if the Secretary of State is satisfied it is not in the public interest to accept it.]

[F14(3) The Secretary of State may reject a recommendation under regulation 88H(2) only if the Secretary of State is satisfied it is not in the public interest to accept it.]

[F15(3A) In considering the public interest under paragraph (2), the Secretary of State must have regard to the TRA’s advice on whether the variation of the application of an anti-dumping amount or a countervailing amount, as the case may be, in accordance with the recommendation, or in accordance with each option, as the case may be, would meet the economic interest test (see paragraph 25 of Schedule 4 to the Act).]

(4) If the Secretary of State rejects a recommendation [F16and does not make a decision under regulation 88J(2)], the Secretary of State must—

[F17(a)publish a notice containing the information referred to in paragraph 3 of Schedule 5A;]

(b)notify interested parties; and

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

[F18(5) Where the Secretary of State accepts the TRA’s recommendation, the notice published by the Secretary of State under paragraph 22(4)(a) of Schedule 4 to the Act must contain the information set out in paragraph 3 of Schedule 5A.

(6) 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 investigation 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.

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

(8) 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.]

Textual Amendments

F11Reg. 88I(1)(a)(b) substituted for words in reg. 88I(1) (23.5.2024) by The Trade Remedies (Amendment) Regulations 2024 (S.I. 2024/545), regs. 1(2), 27(b) (with reg. 2)

[F19Secretary of State’s power to apply an alternative remedyU.K.

88J.—(1) This regulation applies where the Secretary of State rejects a recommendation under regulation 88I(2).

(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)—

(a)the notice published by the Secretary of State under paragraph 22(4)(a) of Schedule 4 to the Act must contain the information set out in paragraph 3 of Schedule 5A; and

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

Textual Amendments

Power to request assistance etc. from TRAU.K.

88K.—(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 88J(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