The Trade Remedies (Amendment) (EU Exit) (No. 2) Regulations 2020

Substitution of regulations 95 and 95A (investigation before replacement of EU trade duty)

18.  For regulations 95 and 95A(1), substitute—

“Initiating an investigation before replacement of EU trade duty

95.— (1) This regulation applies if the TRA is requested to initiate an investigation in an application made by or on behalf of an applicant UK industry before replacement of EU trade duty(2).

(2) The TRA may initiate an investigation only to the extent the application relates to goods which are the subject of—

(a) an anti-dumping investigation initiated by the European Commission in accordance with article 5 of the EU anti-dumping regulation; or

(b) a countervailing duty investigation initiated by the European Commission in accordance with article 10 of the EU countervailing regulation(3).”.

(1)

Regulations 95 was substituted, and 95A was inserted, by regulation 10 of the Trade Remedies (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/1076).

(2)

The terms “applicant UK industry, “application”, and “investigation” are defined in regulation 2 of the Trade Remedies (Dumping and Subsidisation) (EU Exit) Regulations 2019 (S.I. 2019/450); the term “replacement of EU trade duty” is defined in regulation 94(1) of the Trade Remedies (Dumping and Subsidisation) (EU Exit) Regulations 2019 (S.I. 2019/450, amended by S.I. 2019/1076)

(3)

The European Commission publishes a notice of initiation of proceedings in the Official Journal of the European Union to announce the initiation of an investigation; the terms “EU anti-dumping regulation” and “EU countervailing regulation” are defined in regulation 94(1) of the Trade Remedies (Dumping and Subsidisation) (EU Exit) Regulations 2019 (S.I. 2019/450, amended by S.I. 2019/1076).