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

Review of amounts under this Part U.K.

98.—(1) The TRA must—

(a) conduct a review (referred to in this Part as a “transition review”) of every anti-dumping amount and countervailing amount applicable to goods under this Part; and

(b) initiate each such transition review before the date upon which, in accordance with regulation 95(2) or (3), such amount will cease to apply to the relevant goods.

(2) Prior to initiating a transition review of a countervailing amount, the TRA must notify the government of the exporting country or territory and the Secretary of State.

(3) Upon initiating a transition review (whether of an anti-dumping amount or a countervailing amount), the TRA must—

(a) publish a notice of its initiation of such a review; and

(b) notify the government of the exporting country or territory and the Secretary of State.

(4) A notice referred to in paragraph (3)(a) must contain—

(a) details of the content of the public notice, referred to in regulation 96(1)(c), in respect of the anti-dumping amount or countervailing amount to which the review relates;

(b) the information referred to in sub-paragraphs (c) to (g) and (k) to (n) of paragraph 1 (notice of initiation of a review) of Schedule 3.

(5) Where a notice of the initiation of a transition review has been published and provided the Secretary of State has made relevant provision by public notice, the anti-dumping amount or countervailing amount subject to review continues to apply to the relevant goods (where it would otherwise cease to do so) until the Secretary of State makes further provision by public notice.

(6) A transition review in respect of an anti-dumping amount applicable to goods is a review to consider whether—

(a) the continuing application of that amount is necessary or sufficient to offset the dumping of the relevant goods in the United Kingdom; and

(b) there would be injury to the UK industry in those goods if an anti-dumping amount were no longer to apply to those goods.

(7) A transition review in respect of a countervailing amount is a review to consider whether—

(a) the continuing application of that amount is necessary or sufficient to offset the importation of the relevant subsidised goods into the United Kingdom; and

(b) there would be injury to the UK industry in those goods if a countervailing amount were no longer to apply to those goods.

(8) A transition review may include—

(a) the consideration of whether, and if so to what level, it is appropriate to recalculate the anti-dumping amount or countervailing amount;

(b) the reassessment of the margin of dumping or the amount of the subsidy;

(c) the reassessment of the amount adequate to remove the injury caused to the UK industry by dumped goods or subsidised imports;

(d) the consideration of whether the goods or the description of goods to which an anti-dumping amount or a countervailing amount applies should be varied.

(9) Parts 2, 3, 4 and 6 apply to reviews conducted under this Part to the extent that the TRA considers relevant.

(10) Part 5 applies to reviews conducted under this Part.

(11) Where other Parts of these Regulations are applied to reviews under this Part, references in those Parts to “goods concerned” and similar expressions shall be construed as references to the goods to which the application of an anti-dumping amount or a countervailing amount is being reviewed.

(12) Where the TRA constructs the export price in accordance with regulation 15 (export price), the TRA may deduct any anti-dumping amount paid where it is not reflected in resale prices and subsequent selling prices in the United Kingdom.

(13) The TRA may initiate a transition review before replacement day.

(14) Where the TRA initiates a transition review before replacement day, it may terminate such a review.

(15) Where the TRA terminates a transition review, it must—

(a) initiate and conduct a transition review of the relevant anti-dumping or countervailing amount at a later date;

(b) publish a notice of the termination containing the information referred to in paragraph 2 of Schedule 3;

(c) notify the government of the exporting country or territory and the Secretary of State.

Commencement Information

I1 Reg. 98 in force at 6.3.2019, see reg. 1(2)