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

[F1 Recommendation of variation U.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—

(a) be satisfied that the application of an anti-dumping amount or a countervailing amount meets the economic interest test;

(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

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