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

Extension of the period of a provisional remedy in a dumping investigation

90.—(1) The TRA may recommend to the Secretary of State (an “extension recommendation”) that the period of a provisional remedy, which has been applied in respect of goods in the case of a dumping investigation, be extended.

(2) The TRA may only make an extension recommendation where—

(a) paragraph (3) or (4) applies; and

(b) the TRA is satisfied that the extension meets the economic interest test (see paragraph 25 of Schedule 4 to the Act).

(3) This paragraph applies where the TRA receives a request to extend the period of the provisional remedy from or on behalf of overseas exporters representing a significant volume of the dumped goods.

(4) This paragraph applies where—

(a) the TRA considers that extending the period of the provisional remedy is appropriate in the circumstances;

(b) the TRA issues a notification to overseas exporters notifying them that the TRA considers it appropriate to extend the period of the provisional remedy (“proposed extension”); and

(c) overseas exporters representing a significant volume of the dumped goods do not object to the proposed extension.

(5) An extension recommendation must include—

(a) a description of the goods to which the recommendation relates;

(b) the overseas exporters that support or do not object to the extension;

(c) the recommended period of extension, which must not exceed the period referred to in paragraph 16(2) of Schedule 4 to the Act and which must begin on the day on which the provisional remedy would have otherwise expired; and

(d) the reasons for the TRA’s recommendation.

(6) If the TRA makes an extension recommendation, the Secretary of State must decide whether to accept or reject it.

(7) The Secretary of State may only reject the TRA’s recommendation where the Secretary of State is satisfied that it is not in the public interest to accept it.

(8) In making a decision under paragraph (6), the Secretary of State must accept the TRA’s determination that an extension meets the economic interest test (see paragraph 25 of Schedule 4 to the Act) unless the Secretary of State is satisfied that the recommendation is not one that the TRA could reasonably have made.

(9) Where the Secretary of State accepts an extension recommendation, the Secretary of State must—

(a) publish a notice containing the information set out in paragraph 1 of Schedule 6; and

(b) notify interested parties.

(10) Where the Secretary of State rejects an extension recommendation, the Secretary of State must—

(a) publish a notice containing the information set out in paragraph 1 of Schedule 6;

(b) notify interested parties; and

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