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

Modifications to Part 9

130.  Part 9 of these Regulations has effect as if, for that Part, there were substituted—

“PART 9 Suspension

Suspension of an anti-dumping amount or a countervailing amount

85.— (1) The Secretary of State may make a preliminary decision (a “preliminary suspension decision”) that the application of an anti-dumping amount or a countervailing amount be suspended for a specified period (the “period of suspension”) in relation to some or all of the goods specified in a public notice made by the Secretary of State under section 13 of the Act.

(2) The Secretary of State may make a preliminary suspension decision where—

(a) paragraph (3) applies;

(b) the Secretary of State is satisfied that a suspension is appropriate; and

(c) the applicant UK industry has been given the opportunity to comment on the suspension proposed in the application for suspension (see regulation 86).

(3) This paragraph applies where the Secretary of State, whether or not as a consequence of considering an application in accordance with regulation 86 (application for suspension), considers that the circumstances in paragraph (4) exist.

(4) Those circumstances are that—

(a) market conditions have changed temporarily; and

(b) as a consequence of the change in market conditions, the injury caused to a UK industry is unlikely to recur if the application of an anti-dumping amount or a countervailing amount were to be suspended.

(5) In considering whether to make a preliminary suspension decision, the Secretary of State may take such steps as the Secretary of State considers appropriate.

(6) Where the Secretary of State rejects an application for suspension, the Secretary of State must notify the applicant.

(7) Where the Secretary of State decides that it is not appropriate to make a preliminary suspension decision, the Secretary of State must—

(a) publish a notice of the reasons for this decision; and

(b) notify interested parties.

(8) Where the Secretary of State decides that it is appropriate to make a preliminary suspension decision, the preliminary suspension decision must include—

(a) the reasons for the decision;

(b) the period of suspension, 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 suspension decision; and

(c) any other information the Secretary of State considers relevant.

(9) If the Secretary of State makes a preliminary suspension decision, the Secretary of State must decide whether to give effect to the decision.

(10) Where the Secretary of State decides to give effect to the preliminary suspension decision, the notice published by the Secretary of State under paragraph 26(6)(a) of Schedule 4 to the Act must contain the information set out in paragraph 1 of Schedule 5.

(11) The Secretary of State may only decide not to give effect to a preliminary suspension decision where the Secretary of State considers that it is not in the public interest to give effect to it.

(12) Where the Secretary of State decides not to give effect to a preliminary suspension decision, the Secretary of State must—

(a) publish a notice containing the information set out in paragraph 1 of Schedule 5;

(b) notify interested parties; and

(c) lay a statement before the House of Commons setting out the reasons for deciding not to give effect to the preliminary suspension decision.

(13) Where an anti-dumping amount or a countervailing amount is suspended under this Part, the period of suspension counts towards the specified period of the anti-dumping amount or countervailing amount as stated in the relevant public notice.

Application for suspension

86.— (1) An application for suspension of an anti-dumping amount or a countervailing amount in accordance with regulation 85 (suspension of an anti-dumping amount or a countervailing amount) (a “suspension application”) may be made to the Secretary of State by or on behalf of an interested party.

(2) A suspension application to the Secretary of State must include as far as possible information regarding—

(a) the change in the market conditions;

(b) the temporary nature of that change; and

(c) the effect of the change on UK industry.

(3) Where a suspension application is withdrawn by the applicant, the Secretary of State may still consider whether it is appropriate to make a preliminary suspension decision (see regulation 85).

Period of suspension

87.— (1) The period of suspension referred to in regulation 85(1) must not exceed nine months commencing on the day after the publication of the public notice under section 13 of the Act giving effect to the suspension.

(2) Following an application by an interested party or where the Secretary of State otherwise considers that it is appropriate, the Secretary of State may make a preliminary decision that the period of nine months in paragraph (1) be extended to a maximum of 21 months (“extended period of suspension”).

(3) Where the Secretary of State makes a preliminary decision in accordance with paragraph (2), but the duration of the extended period of suspension in accordance with that decision is less than 21 months, the Secretary of State may make a further preliminary decision to increase the duration of the extended period of suspension where the Secretary of State considers it is appropriate to do so and provided that the overall duration of the extended period of suspension does not exceed 21 months.

(4) Where the Secretary of State rejects an application for an extension of the period of suspension, the Secretary of State must notify the applicant.

(5) Where the Secretary of State decides that it is not appropriate to make a preliminary decision to extend the period of suspension, the Secretary of State must—

(a) publish a notice of the decision and the reasons for it; and

(b) notify interested parties.

(6) Where the Secretary of State decides that it is appropriate to make a preliminary decision to extend the period of suspension, the preliminary decision must include—

(a) the reasons for the preliminary decision;

(b) the extended period of suspension, 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; and

(c) any other information the Secretary of State considers relevant.

(7) If the Secretary of State makes a preliminary decision in accordance with this regulation, the Secretary of State must decide whether to give effect to the preliminary decision.

(8) Where the Secretary of State decides to give effect to a preliminary decision, the notice published by the Secretary of State under paragraph 26(6)(a) of Schedule 4 to the Act must contain the information set out in paragraph 3 of Schedule 5.

(9) The Secretary of State may only decide not to give effect to a preliminary decision where the Secretary of State considers that it is not in the public interest to give effect to it.

(10) Where the Secretary of State decides not to give effect to the preliminary decision, the Secretary of State must—

(a) publish a notice containing the information set out in paragraph 3 of Schedule 5;

(b) notify interested parties; and

(c) lay a statement before the House of Commons setting out the reasons for deciding not to give effect to the preliminary decision.

Reinstatement of an anti-dumping amount or a countervailing amount

88.— (1) The Secretary of State may make a preliminary decision to reinstate an anti-dumping amount or a countervailing amount where the Secretary of State determines that the circumstances in regulation 85(4) no longer exist.

(2) Where the Secretary of State makes a preliminary decision in accordance with this regulation, the preliminary decision must include—

(a) the reasons for the preliminary decision; and

(b) any other information the Secretary of State considers relevant.

(3) If the Secretary of State makes a preliminary decision in accordance with this regulation, the Secretary of State must decide whether to give effect to the preliminary decision.

(4) Where the Secretary of State decides to give effect to a preliminary decision, the Secretary of State must—

(a) publish a public notice under section 13 of the Act containing the information set out in paragraph 4 of Schedule 5; and

(b) notify interested parties.

(5) The Secretary of State may only decide not to give effect to a preliminary decision where the Secretary of State considers that it is not in the public interest to give effect to it.

(6) Where the Secretary of State decides not to give effect to a preliminary decision, the Secretary of State must—

(a) publish a notice containing the information set out in paragraph 4 of Schedule 5;

(b) notify interested parties; and

(c) lay a statement before the House of Commons setting out the reasons for deciding not to make the preliminary decision.”