UK Statutory Instrument
2019
United Kingdom
The Trade Remedies (Dumping and Subsidisation) (EU Exit) Regulations 2019
At a glance
What's here
2 compliance obligations
Who this Act binds
Plus 2 non-business duties on Crown ministers, regulators, local authorities or tribunals — shown collapsed under each section below.
What this Act requires
Sections that create concrete duties on businesses or carry penalties. Procedural and definitional sections are folded into the “Browse other sections” expander at the bottom of each group. Click any section title to read the source text on legislation.gov.uk.
Schedules
Browse 29 other Schedules — structural / supplementary
Content of an application for the initiation of a subsidisation investigation
Notice of initiation of a dumping investigation
Notice of initiation of a subsidisation investigation
Notice of a provisional affirmative determination with no recommendation regarding requiring a guarantee
Notice of the Secretary of State accepting or rejecting a recommendation by the TRA regarding requiring a guarantee
Notice of a final affirmative determination with no recommendation on an anti-dumping amount or a countervailing amount
Notice of the Secretary of State accepting or rejecting a recommendation by the TRA on an anti-dumping amount or a countervailing amount
Notice of a final negative determination
Notice of termination
Notice of repayment of an anti-dumping amount or a countervailing amount
Notice of initiation of a review
Notice of expiry of anti-dumping amount or countervailing amount
Notice of termination of a review
Notice of the Secretary of State accepting or rejecting a recommendation by the TRA on the variation of an anti-dumping amount or a countervailing amount
Notice of the Secretary of State accepting or rejecting a recommendation by the TRA to exempt an importer or overseas exporter from an anti-dumping amount or a countervailing amount or a UK trade remedies measure
Notice of the Secretary of State accepting or rejecting a recommendation by the TRA to revoke the application of an anti-dumping amount or a countervailing amount
Notice of the Secretary of State accepting a recommendation by the TRA on accepting an undertaking
Notice of the Secretary of State that an undertaking ceases to apply
Notice that the acceptance of an undertaking is withdrawn following a breach of the undertaking
Notice of the Secretary of State accepting a recommendation by the TRA regarding the continuing application of an undertaking
Notice of the Secretary of State accepting or rejecting a recommendation by the TRA regarding suspension
Notice of rejection of an application for an extension of the period of suspension
Notice of the Secretary of State accepting or rejecting a recommendation by the TRA regarding an extension of the period of suspension
Notice of the Secretary of State accepting or rejecting a recommendation by the TRA regarding reinstatement of an anti-dumping amount or a countervailing amount
Notice of initiation
Notice of determination to maintain the application of an anti-dumping amount or a countervailing amount
Notice of the Secretary of State accepting or rejecting a recommendation by the TRA relating to an international dispute investigation
Notice of the Secretary of State accepting or rejecting a recommendation by the TRA regarding an extension of the period of a provisional remedy in a dumping investigation
Investigations regarding repayments
Other duties (1) — Crown / regulator
- TRA must process repayment applications and make determinations Statutory regulator
UK trade remedies measure exemption review
Other duties (1) — Crown / regulator
- TRA must initiate exemption review on valid application Statutory regulator
Browse 189 other sections — procedural / definitional / commencement
Citation, commencement and effect
Interpretation
Meaning of “exporting country or territory”
Meaning of “negligible” in relation to dumped goods
Meaning of “negligible” in relation to subsidised imports
Purpose of Part 2
Normal value
Alternative methodologies to determine the normal value
The ordinary course of trade
Appropriate third country or territory and representative price
Costs of production
The amounts for administrative, selling and general costs and for profits
Adjustments
Normal value in respect of imports from particular foreign countries and territories
Export price
Comparison
Methodologies for comparing the normal value and the export price
Currency conversion
Purpose of Part 3
Meaning of financial contribution by a foreign authority
Benefit conferred
Specificity
Calculation steps
Determination of the amount of benefit conferred
Determination of the amount of the countervailable subsidy that is attributable to the period of investigation
Determination of the goods the subsidy is attributable to during the period of investigation
Determination of injury and causation in accordance with this Part
Meaning of threat of material injury
Disregarding a producer for the purpose of the definition of a UK industry
Determination of injury
The volume of the dumped goods or subsidised imports
The effect of the dumped goods or subsidised imports on prices
The impact of the dumped goods or subsidised imports on a UK industry
Cumulation
Causation and non-attribution
Determination of an adequate amount to remove the injury
Determination of the anti-dumping amount or countervailing amount for non-sampled overseas exporters
Determination of a residual amount
Purpose of Part 6
General provisions
Revision of scope of an investigation
Limitation on consolidation
Deemed service
Public file
Confidential information
Permitted disclosure
The use of information and facts available to the TRA from secondary sources
Acceptance or rejection of information
Non-cooperation
Application
Market share requirement
Assessment of an application
Publicising an application
Registration of interest and the issuing of questionnaires
Form of questionnaires and deficiency notice
The use of sampling in respect of Part 2 of these Regulations
The use of sampling in respect of Parts 3, 4 and 5 of these Regulations
Verification visit
Verification report
Facilitation visit
Hearing
Alternative options for final affirmative determination
Essential facts and disclosure
Consultation in a subsidisation investigation
Termination
Content of notices
Purpose of Part 7
Initiation of a review
The conduct of a review
Early review
Interim review
Expiry review
New exporter review
Absorption review
Circumvention review
Scope review
TRA recommendation to the Secretary of State
Powers of the Secretary of State in relation to the TRA’s recommendation
Secretary of State’s power to apply an alternative remedy
Power to request assistance etc. from TRA
Requests and offers of undertakings
TRA's power to recommend acceptance of undertakings
Secretary of State's power to accept undertakings
Monitoring compliance with an undertaking
The acceptance of a new undertaking in place of an existing undertaking
Undertakings ceasing to apply
Breach of an undertaking
Reviews by the TRA of the continuing application of an undertaking
Suspension of an anti-dumping amount or a countervailing amount
Application for suspension
Period of suspension
Reinstatement of an anti-dumping amount or a countervailing amount
Investigation in light of an international dispute decision
Suspension of an anti-dumping amount or a countervailing amount
Initiation
Conduct
Determination
Determination to maintain
Determination to vary
Determination to revoke
Powers of the Secretary of State in relation to the TRA’s recommendation
Secretary of State’s power to apply an alternative remedy
Power to request assistance etc. from TRA
Power to request assistance etc. from TRA
Extension of the period of a provisional remedy in a dumping investigation
Secretary of State’s power to apply an alternative remedy
Relevant period in a dumping investigation
Relevant period in a subsidisation investigation
Meaning of export subsidisation
Interpretation for Part 12
Treatment of trade remedies measure transitioned under this Part
New exporter review of trade remedies measure transitioned under this Part
Scope review of trade remedies measure transitioned under this Part
Suspension of trade remedies measure transitioned under this Part
Initiating an investigation before replacement of EU trade duty
Application before replacement of EU trade duty
Determination to transition EU trade remedies measure
Transition of EU trade remedies measure
Transition of expired EU trade remedies measure
Transition of varied EU trade remedies measure
Transition of EU exemption after replacement of EU trade duty
Suspension of application of a UK trade remedies measure
TRA recommendation on exemption to a UK trade remedies measure
Acceptance or rejection by the Secretary of State of the TRA’s recommendation to grant an exemption to a UK trade remedies measure
Treatment of public notices made under regulations 96F to 96H
Transition review of EU trade remedies measure
Continuation of transition review
Termination of transition review
Continuation of expired UK trade remedies measure
Initiation of transition review
Notification of transition review
Conduct of transition review
Determination of export price
Relationship with other Parts
Recommendation following transition review
Recommendation of variation
Recommendation of revocation
Powers of the Secretary of State in relation to the TRA’s recommendation
Rejection of recommendation
Acceptance of recommendation before replacement of EU trade duty
Acceptance of recommendation after replacement of EU trade duty
Secretary of State’s power to apply an alternative remedy
Power to request assistance etc. from TRA
Unless otherwise specified in this Part, these Regulations have effect...
Modification to Part 1
Modifications to Part 6
Regulation 41 (revision of scope of an investigation) has effect...
Regulation 45 (confidential information) has effect as if—
Regulation 46 (permitted disclosure) has effect as if—
Regulation 52 (assessment of an application) has effect as if—...
Regulation 53 (publicising an application) has effect as if—
Regulation 54 (registration of interest and the issuing of questionnaires)...
Regulation 61 (hearing) has effect as if, in paragraph (1)(b),...
Regulation 65 (content of notices) has effect as if—
Modifications to Part 7
Regulation 68(4A) has effect as if, for “accepted a recommendation”,...
Regulation 69 (interim review) has effect as if—
Regulation 70 (expiry review) has effect as if—
Regulation 71 (new exporter review) has effect as if—
Regulation 72 (absorption review) has effect as if—
Regulation 73 (circumvention review) has effect as if—
Regulation 74 (scope review) has effect as if—
Chapter 3 of Part 7 (TRA recommendation and decision of...
Regulation 75 (TRA recommendation to the Secretary of State) has...
Regulation 76 (acceptance or rejection of the TRA's recommendation by...
Modifications to Part 8
Regulation 78 (TRA's power to recommend acceptance of undertakings) has...
Regulation 79 (Secretary of State's power to accept undertakings) has...
Regulation 81 (the acceptance of a new undertaking in place...
Regulation 82 (undertakings ceasing to apply) has effect as if,...
Regulation 83 (breach of an undertaking) has effect as if—...
Regulation 84 (reviews by the TRA of the continuing application...
Modifications to Part 9
Modifications to Part 9A
Modifications to Part 11
Regulation 91 (relevant period in a dumping investigation) has effect...
Regulation 92 (relevant period in a subsidisation investigation) has effect...
Modifications to Part 12
Regulation 98A(2) has effect as if sub-paragraph (b) were omitted....
Regulation 100(1) has effect as if the words “to the...
Regulation 101 has effect as if— (a) for “accept”, there...
Regulation 101A has effect as if— (a) in the heading,...
Regulations 101B and 101C have effect as if—
Modifications to Schedule 2
Modifications to Schedule 3
Modifications to Schedule 4
Modifications to Schedule 5
Modifications to Schedule 5A
Modifications to Schedule 6
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