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

121.  Regulation 75 (TRA recommendation to the Secretary of State) has effect as if—

(a) for the heading of that regulation, there were substituted— “ Secretary of State's preliminary decision following the conclusion of a review ”; and

(b) for that regulation, there were substituted—

“75.— (1) Following the conclusion of a review, where paragraph (2) applies, the preliminary decision made by the Secretary of State must include—

(a) a description of the goods to which the preliminary decision relates;

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

(c) where relevant, the 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 preliminary decision, unless the Secretary of State makes a determination in accordance with paragraph (3); and

(d) the reasons for the Secretary of State's preliminary decision.

(2) This paragraph applies where the Secretary of State makes a preliminary decision that—

(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.

(3) The Secretary of State may, as part of a preliminary decision, determine 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 preliminary decision where—

(a) the preliminary decision 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 Secretary of State makes a preliminary decision other than a preliminary decision referred to in paragraph (2), and decides to give effect to it, the Secretary of State must—

(a) terminate the review;

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

(b) notify interested parties.”.

Commencement Information

I1 Reg. 121 in force at 6.3.2019, see reg. 1(2)