The Trade Remedies (Dumping and Subsidisation) (EU Exit) Regulations 2019 No. 450

PART 3 U.K. Subsidisation

CHAPTER 3 U.K. Calculation of the amount of subsidy that may be attributed to the subsidised imports

Determination of the amount of benefit conferred U.K.

24.—(1) The TRA must determine the total amount of benefit conferred by the countervailable subsidy taking into account the type of subsidy and any other factors the TRA considers relevant.

(2) In the circumstances referred to in—

(a) regulation 21(4), the benefit is the difference between the amount paid on the government loan and the amount that would be paid for a comparable commercial loan which the recipient could actually obtain on an open market; or

(b) regulation 21(6), the benefit is the difference between the amount paid on the loan guaranteed by the government and the amount that would be paid on a comparable commercial loan on an open market in the absence of the government guarantee.

(3) The TRA must deduct from the amount of benefit conferred by the countervailable subsidy—

(a) any application fees or other costs necessarily incurred to qualify for or obtain the countervailable subsidy; and

(b) export taxes, duties, or other charges levied on the export of the goods to the United Kingdom intended to offset the countervailable subsidy.

Commencement Information

I1 Reg. 24 in force at 6.3.2019, see reg. 1(2)