Modifications etc. (not altering text)
C1Sch. 4 applied (6.3.2019) by The Trade Remedies (Dumping and Subsidisation) (EU Exit) Regulations 2019 (S.I. 2019/450), regs. 1(2), 97(1) (with Pt. 13) (as amended (23.7.2019) by The Trade Remedies (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/1076), regs. 1, 11(2))
17(1)This paragraph applies where the TRA makes a final affirmative determination in relation to goods which are the subject of a dumping or a subsidisation investigation.U.K.
(2)Goods in relation to which that determination is made are referred to in this paragraph as relevant goods.
(3)In the case of a dumping investigation, the TRA [F1must] recommend to the Secretary of State—
(a)that an additional amount of import duty (referred to in this Schedule as an “anti-dumping amount”) should be applicable for a specified period to all the relevant goods except, in the case of goods in respect of which an undertaking is accepted under provision made by or under Part 5, during any period when the undertaking applies, and
(b)how an anti-dumping amount applicable to the relevant goods should be determined.
(4)In the case of a subsidisation investigation, the TRA [F2must] recommend to the Secretary of State—
(a)that an additional amount of import duty (referred to in this Schedule as a “countervailing amount”) should be applicable for a specified period to all the relevant goods except, in the case of goods in respect of which an undertaking is accepted under provision made by or under Part 5, during any period when the undertaking applies, and
(b)how a countervailing amount applicable to the relevant goods should be determined.
F3(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6)The TRA may make different recommendations under sub-paragraph (3) or (4) for different relevant goods or descriptions of relevant goods, including by reference to—
(a)specified overseas exporters or descriptions of overseas exporters;
(b)specified foreign countries or territories or descriptions of foreign countries or territories [F4(but a recommendation may include two or more options in accordance with sub-paragraph (8A))].
F4(7)F5... The TRA may only make one recommendation under sub-paragraph (3) or, as the case may be, sub-paragraph (4) in relation to any particular relevant good.
(8)And the TRA may make different recommendations under sub-paragraph (3) or (4) for different relevant goods or descriptions of relevant goods only if the recommendations which it makes under that sub-paragraph when taken together cover all the relevant goods.
[F6(8A)Where the TRA considers that there are two or more options which it could recommend under sub-paragraph (3) or (4), as the case may be, in relation to relevant goods or descriptions of relevant goods, it may give the Secretary of State each of those options as part of its recommendation.
(8B)The Secretary of State may by regulations make provision requiring the TRA, in specified circumstances, to consider whether it could give the Secretary of State two or more options as part of its recommendation under sub-paragraph (3) or (4) in relation to relevant goods or descriptions of relevant goods.
(8C)Where, after considering whether it could give the Secretary of State two or more options as part of its recommendation in accordance with regulations under sub-paragraph (8B), the TRA considers that there is only one option which it could recommend under sub-paragraph (3) or (4), as the case maybe, in relation to relevant goods or descriptions of relevant goods, it must give the Secretary of State its reasons for reaching that conclusion.
(8D)Where the TRA gives the Secretary of State options, it must—
(a)give the Secretary of State its reasons for including each option, and
(b)inform the Secretary of State which option it prefers and why.
(8E)Where the TRA makes a recommendation under sub-paragraph (3) or (4) it must advise the Secretary of State whether and why it considers that applying an anti-dumping amount or a countervailing amount, as the case may be, in accordance with—
(a)the recommendation, or
(b)where the recommendation contains options given under sub-paragraph (8A), each option,
would meet the economic interest test (see paragraph 25).]
F7(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Word in Sch. 4 para. 17(3) substituted (11.7.2023 for specified purposes, 25.8.2023 in so far as not already in force) by Finance (No. 2) Act 2023 (c. 30), Sch. 19 paras. 4(1)(a), 17(1); S.I. 2023/918, reg. 2 (with reg. 3)
F2Word in Sch. 4 para. 17(4) substituted (11.7.2023 for specified purposes, 25.8.2023 in so far as not already in force) by Finance (No. 2) Act 2023 (c. 30), Sch. 19 paras. 4(1)(b), 17(1); S.I. 2023/918, reg. 2 (with reg. 3)
F3Sch. 4 para. 17(5) omitted (11.7.2023 for specified purposes, 25.8.2023 in so far as not already in force) by virtue of Finance (No. 2) Act 2023 (c. 30), Sch. 19 paras. 4(1)(c), 17(1); S.I. 2023/918, reg. 2 (with reg. 3)
F4Words in Sch. 4 para. 17(7) inserted (11.7.2023 for specified purposes, 25.8.2023 in so far as not already in force) by Finance (No. 2) Act 2023 (c. 30), Sch. 19 paras. 4(1)(d)(ii), 17(1); S.I. 2023/918, reg. 2 (with reg. 3)
F5Word in Sch. 4 para. 17(7) omitted (11.7.2023 for specified purposes, 25.8.2023 in so far as not already in force) by virtue of Finance (No. 2) Act 2023 (c. 30), Sch. 19 paras. 4(1)(d)(i), 17(1); S.I. 2023/918, reg. 2 (with reg. 3)
F6Sch. 4 para. 17(8A)-(8E) inserted (11.7.2023 for specified purposes, 25.8.2023 in so far as not already in force) by Finance (No. 2) Act 2023 (c. 30), Sch. 19 paras. 4(1)(e), 17(1); S.I. 2023/918, reg. 2 (with reg. 3)
F7Sch. 4 para. 17(9) omitted (11.7.2023 for specified purposes, 25.8.2023 in so far as not already in force) by virtue of Finance (No. 2) Act 2023 (c. 30), Sch. 19 paras. 4(1)(f), 17(1); S.I. 2023/918, reg. 2 (with reg. 3)
F8Sch. 4 para. 17(10) omitted (11.7.2023 for specified purposes, 25.8.2023 in so far as not already in force) by virtue of Finance (No. 2) Act 2023 (c. 30), Sch. 19 paras. 4(1)(g), 17(1); S.I. 2023/918, reg. 2 (with reg. 3)
Modifications etc. (not altering text)
C2Sch. 4 para. 17(3)(4) applied (2.3.2022) by The Trade Remedies (Review and Reconsideration of Transitioned Trade Remedies) Regulations 2022 (S.I. 2022/113), regs. 1(1), 17(c) (with reg. 3)
Commencement Information
I1Sch. 4 para. 17 in force at 4.3.2019 at 11:59 a.m. by S.I. 2019/429, reg. 2 (with regs. 4-9)
18(1)This paragraph applies to a recommendation by the TRA under paragraph 17(3) or (4) in relation to goods.U.K.
(2)The specified period referred to in paragraph 17(3)(a) or (4)(a)—
(a)must be a period of 5 years unless the TRA considers that a lesser period is sufficient to counteract—
(i)the dumping of the goods which has caused or is causing injury to a UK industry in the goods, or
(ii)the importation of the subsidised goods which has caused or is causing injury to a UK industry in the goods, and
(b)if the recommendation is accepted by the Secretary of State, must begin on the day after the date of publication of the public notice under section 13 giving effect to the recommendation (see paragraph 20(5)(c)) unless the TRA is authorised by regulations under paragraph 19 to recommend a date before then.
(3)In the case of a recommendation of such a prior date made by virtue of paragraph 19, the reference in sub-paragraph (2)(a) to a period of 5 years is to be read as a reference to a period of 5 years plus the relevant period (within the meaning of paragraph 19).
(4)See also paragraph 21 regarding the possibility, following a review, of extensions or variations to the period for which an anti-dumping amount or a countervailing amount applies to goods.
(5)The recommendation referred to in paragraph 17(3)(b) or (4)(b) as to how an anti-dumping amount or a countervailing amount applicable to goods should be determined may be by reference to either or both of the following—
(a)the value of the goods, and
(b)the weight or volume of the goods or any other measure of their quantity or size.
(6)But that recommendation must be such that an anti-dumping amount or a countervailing amount applicable to goods does not exceed—
(a)the margin of dumping or, as the case may be, the amount of the subsidy, in relation to the goods, or
(b)the amount which the TRA is satisfied would be adequate to remove the injury to a UK industry in the goods if that amount is less than the margin of dumping or, as the case may be, the amount of the subsidy referred to in paragraph (a).
(7)Regulations may make provision for the purposes of sub-paragraph (6)(b) about how the amount which the TRA is satisfied would be adequate to remove the injury described in that provision is to be determined.
(8)A recommendation under paragraph 17(3) or (4) must include such other content as regulations may require.
[F9(9)This paragraph has effect in relation to an option given by the TRA under paragraph 17(8A) as it has effect in relation to a recommendation by the TRA under paragraph 17(3) or (4).]
Textual Amendments
F9Sch. 4 para. 18(9) inserted (11.7.2023 for specified purposes, 25.8.2023 in so far as not already in force) by Finance (No. 2) Act 2023 (c. 30), Sch. 19 paras. 4(2), 17(1); S.I. 2023/918, reg. 2 (with reg. 3)
Commencement Information
I2Sch. 4 para. 18 in force at 4.3.2019 at 11:59 a.m. by S.I. 2019/429, reg. 2 (with regs. 4-9)
19(1)Regulations may make provision authorising the TRA, in specified circumstances, to recommend under paragraph 17(3) or (4) that the specified period for which an anti-dumping amount or a countervailing amount should apply to goods begins on a date (“the relevant date”) before the day after the date of publication of the public notice under section 13 giving effect to the recommendation.U.K.
(2)Such a recommendation may only be made in relation to goods in respect of which a requirement to give a guarantee under paragraph 15 is applied (“the provisional remedy”).
(3)“The relevant date” must be—
(a)in a case where a notice under paragraph 29(1) (registration) has been published in respect of the goods—
(i)a date during the period of 90 days before the beginning of the period of the provisional remedy provided it is not a date before the date of publication of that notice, or
(ii)a date during the period of the provisional remedy, or
(b)in any other case, a date during the period of the provisional remedy.
(4)Regulations may provide that, in the case of a recommendation made by virtue of sub-paragraph (1), the recommendation as to how an anti-dumping amount or a countervailing amount should be determined must be such that an anti-dumping amount or a countervailing amount applicable for all or part of the relevant period must not exceed a particular amount.
(5)“The relevant period” is the period—
(a)beginning with the relevant date, and
(b)ending with the date of publication of the public notice under section 13 giving effect to the recommendation.
[F10(6)Regulations under this paragraph may make any provision in relation to an option given by the TRA under paragraph 17(8A) that they may make in relation to a recommendation by the TRA under paragraph 17(3) or (4).]
Textual Amendments
F10Sch. 4 para. 19(6) inserted (11.7.2023 for specified purposes, 25.8.2023 in so far as not already in force) by Finance (No. 2) Act 2023 (c. 30), Sch. 19 paras. 4(3), 17(1); S.I. 2023/918, reg. 2 (with reg. 3)
Commencement Information
I3Sch. 4 para. 19 in force at 4.3.2019 at 11:59 a.m. by S.I. 2019/429, reg. 2 (with regs. 4-9)
Textual Amendments
F11Words in Sch. 4 para. 20 cross-heading substituted (11.7.2023 for specified purposes, 25.8.2023 in so far as not already in force) by Finance (No. 2) Act 2023 (c. 30), Sch. 19 paras. 4(4), 17(1); S.I. 2023/918, reg. 2 (with reg. 3)
20(1)If the TRA makes a recommendation under paragraph 17(3) or (4), the Secretary of State must U.K.
[F12(a)]decide whether to accept or reject the recommendation [F13, or
(b)request that the TRA reassess the recommendation, by reference to any matters specified in the request, with a view to amending or replacing the recommendation.]
[F14(1A)Where the Secretary of State accepts a recommendation which contains options given in reliance on paragraph 17(8A), the Secretary of State must decide which of those options to adopt.]
(2)The Secretary of State may reject the recommendation only if the Secretary of State is satisfied that it is not in the public interest to accept it.
(3)In considering that, the Secretary of State must [F15have regard to the TRA’s advice on whether the application of an anti-dumping amount or a countervailing amount to goods in accordance with the recommendation, or in accordance with each option, as the case may be, would meet the economic interest test (see paragraph 25)].
(4)If the recommendation is rejected [F16and the Secretary of State does not make a decision under paragraph 20A(2)], the Secretary of State must—
(a)publish notice of the TRA's final affirmative determination in relation to the goods, of the recommendation and of the rejection of it,
(b)notify interested parties (see paragraph 32(3)) accordingly, and
(c)lay a statement before the House of Commons setting out the reasons for rejecting the recommendation.
(5)If the recommendation is accepted, the Secretary of State—
(a)must publish notice of the TRA's final affirmative determination in relation to the goods, of the recommendation [F17, including any particular option adopted by the Secretary of State,] and of the acceptance of it,
(b)must notify interested parties accordingly, and
(c)is required under section 13 to make provision by public notice to give effect to the recommendation.
[F18(5A)The Secretary of State may only make a request under sub-paragraph (1)(b) where the Secretary of State considers that—
(a)there is information that the TRA did not take into account in its investigation that is relevant to the recommendation,
(b)the TRA has made an error in relation to its recommendation, or
(c)exceptional circumstances make the request appropriate.
(5B)Before making a request under sub-paragraph (1)(b), the Secretary of State must consult the TRA.
(5C)Where the Secretary of State makes a request under sub-paragraph (1)(b), the TRA must—
(a)comply with the request, and
(b)in reassessing its recommendation, have regard to any particular considerations which the Secretary of State may specify in the request.]
(6)See paragraphs 21 and 22 for variation or revocation of the application of an anti-dumping amount or a countervailing amount.
Textual Amendments
F12Words in Sch. 4 para. 20(1) renumbered as Sch. 4 para. 20(1)(a) (11.7.2023 for specified purposes, 25.8.2023 in so far as not already in force) by Finance (No. 2) Act 2023 (c. 30), Sch. 19 paras. 4(5)(a)(i), 17(1); S.I. 2023/918, reg. 2 (with reg. 3)
F13Sch. 4 para. 20(1)(b) and word inserted (11.7.2023 for specified purposes, 25.8.2023 in so far as not already in force) by Finance (No. 2) Act 2023 (c. 30), Sch. 19 paras. 4(5)(a)(ii), 17(1); S.I. 2023/918, reg. 2 (with reg. 3)
F14Sch. 4 para. 20(1A) inserted (11.7.2023 for specified purposes, 25.8.2023 in so far as not already in force) by Finance (No. 2) Act 2023 (c. 30), Sch. 19 paras. 4(5)(b), 17(1); S.I. 2023/918, reg. 2 (with reg. 3)
F15Words in Sch. 4 para. 20(3) substituted (11.7.2023 for specified purposes, 25.8.2023 in so far as not already in force) by Finance (No. 2) Act 2023 (c. 30), Sch. 19 paras. 4(5)(c), 17(1); S.I. 2023/918, reg. 2 (with reg. 3)
F16Words in Sch. 4 para. 20(4) inserted (11.7.2023 for specified purposes, 25.8.2023 in so far as not already in force) by Finance (No. 2) Act 2023 (c. 30), Sch. 19 paras. 4(5)(d), 17(1); S.I. 2023/918, reg. 2 (with reg. 3)
F17Words in Sch. 4 para. 20(5)(a) inserted (11.7.2023 for specified purposes, 25.8.2023 in so far as not already in force) by Finance (No. 2) Act 2023 (c. 30), Sch. 19 paras. 4(5)(e), 17(1); S.I. 2023/918, reg. 2 (with reg. 3)
F18Sch. 4 para. 20(5A)-(5C) inserted (11.7.2023 for specified purposes, 25.8.2023 in so far as not already in force) by Finance (No. 2) Act 2023 (c. 30), Sch. 19 paras. 4(5)(f), 17(1); S.I. 2023/918, reg. 2 (with reg. 3)
Commencement Information
I4Sch. 4 para. 20 in force at 4.3.2019 at 11:59 a.m. by S.I. 2019/429, reg. 2 (with regs. 4-9)
Textual Amendments
F19Sch. 4 para. 20A and cross-heading inserted (11.7.2023 for specified purposes, 25.8.2023 in so far as not already in force) by Finance (No. 2) Act 2023 (c. 30), Sch. 19 paras. 4(6), 17(1); S.I. 2023/918, reg. 2 (with reg. 3)
20A(1)This paragraph applies where the Secretary of State rejects a recommendation under paragraph 20.U.K.
(2)If the Secretary of State considers that it is in the public interest to do so, the Secretary of State may decide to apply an anti-dumping amount or a countervailing amount in relation to relevant goods or descriptions of relevant goods to which the TRA’s recommendation related, other than in accordance with the recommendation.
(3)But the Secretary of State may make a decision under sub-paragraph (2) only if a recommendation under paragraph 17(3) or (4) to the same effect as the decision (ignoring any restrictions in paragraph 17 on the ability of the TRA to make such a recommendation) would have complied with the requirements set out in paragraph 18.
(4)Where the Secretary of State makes a decision under sub-paragraph (2), the Secretary of State—
(a)must publish notice of the decision,
(b)must notify interested parties (see paragraph 32(3)) accordingly,
(c)must lay a statement before the House of Commons setting out the reasons for making the decision, and
(d)is required under section 13 to make provision by public notice to give effect to the decision.]
21(1)Regulations may make provision for, or in connection with, reviews by the TRA of the continuing application of an anti-dumping amount or a countervailing amount to goods.U.K.
(2)References in this paragraph to “a review” are to a review by virtue of provision made under sub-paragraph (1).
(3)Regulations under sub-paragraph (1) may, among other things, provide for a review to consider—
(a)whether the continuing application of an anti-dumping amount or a countervailing amount to goods is necessary or sufficient to offset—
(i)in the case of an anti-dumping amount, the dumping of the goods which has caused or is causing injury to a UK industry in the goods, or
(ii)in the case of a countervailing amount, the importation of the subsidised goods which has caused or is causing injury to a UK industry in the goods;
(b)whether the application of an anti-dumping amount or a countervailing amount to goods is having the effect of removing injury to a UK industry in the goods;
(c)whether injury to a UK industry in the goods would be likely to continue or recur if the application of an anti-dumping amount or a countervailing amount to the goods were to expire, or it were to be varied or revoked;
(d)whether activity is being undertaken to circumvent the application of an anti-dumping amount or a countervailing amount to goods and whether the application should be varied to prevent that;
(e)whether the application of an anti-dumping amount or a countervailing amount to goods in the case of a particular overseas exporter, or a particular description of overseas exporter, should be varied;
(f)the goods or description of goods to which an anti-dumping amount or a countervailing amount is applicable.
(4)Regulations under sub-paragraph (1) may, among other things, make—
(a)provision for the TRA to investigate certain matters;
(b)provision for the period for which an anti-dumping amount or a countervailing amount applies to goods by public notice under section 13 to be treated as continuing (where it would otherwise cease to do so) while a review in relation to the application of the amount is ongoing;
(c)provision for the suspension, by public notice given by the Secretary of State, of the application of an anti-dumping amount or a countervailing amount while a review in relation to it is ongoing;
[F20(ca)provision corresponding or similar to any provision made by or under this Schedule in relation to dumping or subsidisation investigations, including any of the powers or duties of the TRA or the Secretary of State in respect of those investigations and any recommendations or decisions resulting from them;
(cb)provision conferring functions (including functions involving the exercise of a discretion) on the Secretary of State or the TRA;]
(d)other provision about the conduct of a review.
[F21(e)provision for the Secretary of State to provide by public notice, in a case where a review in relation to the application of an anti-dumping amount or a countervailing amount has been completed, for—
(i)the application of the amount to be treated as having expired at the end of the specified period (see paragraph 17(3) and (4)) set out in the public notice under section 13 relating to the amount;
(ii)where the application of the amount was not suspended in connection with a review, a person to be entitled to a repayment of the amount that they paid after applying for the review;
(iii)where the application of the amount was suspended in connection with a review, a person to be liable for the amount that they would have been liable to pay if the review had not taken place.]
(5)Paragraph 10(2) applies to regulations made by virtue of sub-paragraph (4)(d) in relation to a review as it applies to regulations under paragraph 10(1) in relation to an investigation.
(6)Regulations may make provision for or in connection with—
(a)the TRA recommending to the Secretary of State that the application of an anti-dumping amount or a countervailing amount to goods should be varied or revoked, F22...
[F23(aa)the TRA giving the Secretary of State options as part of a recommendation,]
[F24(b)the Secretary of State’s powers in relation to such a recommendation, and
(c)the date from which any variation or revocation may have effect, which may be a date before the date of the recommendation by the TRA or decision by the Secretary of State.]
(7)Where, by virtue of provision made under sub-paragraph (6), the Secretary of State [F25decides] that the application of an anti-dumping amount or a countervailing amount to goods should be varied or revoked, the Secretary of State—
(a)must publish notice of the [F26decision],
(b)must notify interested parties (see paragraph 32(3)) accordingly, and
(c)is required under section 13 to make provision by public notice to give effect to the [F27decision].
(8)The variation of the application of an anti-dumping amount or a countervailing amount to goods which the TRA may recommend to the Secretary of State [F28, or which the Secretary of State may decide to make other than in accordance with a recommendation,] by virtue of regulations under sub-paragraph (6) may, among other things, include—
(a)varying the goods or descriptions of goods to which an anti-dumping amount or a countervailing amount is applicable (including so that it is applicable to goods or descriptions of goods to which it has not previously been applicable);
(b)varying the period for which an anti-dumping amount or a countervailing amount is applicable (including extending it beyond the period referred to in paragraph 18(2)(a));
(c)varying how an anti-dumping amount or a countervailing amount should be determined.
(9)Regulations under sub-paragraph (6) may provide that [F29the Secretary of State may decide, whether or not in response to a recommendation of the TRA,] that the application of an anti-dumping amount or a countervailing amount as varied should be applicable to goods from a date (“the relevant date”) before the date of publication of the public notice under section 13 giving effect to [F30the decision].
(10)Such a [F31decision] may only be made if—
(a)a notice under paragraph 29(1) (registration) has been published in respect of the goods, and
(b)the relevant date is not a date before the date of publication of that notice.
Textual Amendments
F20Sch. 4 para. 21(4)(ca)(cb) inserted (25.8.2023) by Finance (No. 2) Act 2023 (c. 30), Sch. 19 paras. 5(1)(a)(i), 17(2); S.I. 2023/918, reg. 2 (with reg. 3)
F21Sch. 4 para. 21(4)(e) inserted (25.8.2023) by Finance (No. 2) Act 2023 (c. 30), Sch. 19 paras. 5(1)(a)(ii), 17(2); S.I. 2023/918, reg. 2 (with reg. 3)
F22Word in Sch. 4 para. 21(6)(a) omitted (25.8.2023) by virtue of Finance (No. 2) Act 2023 (c. 30), Sch. 19 paras. 5(1)(b)(i), 17(2); S.I. 2023/918, reg. 2 (with reg. 3)
F23Sch. 4 para. 21(6)(aa) inserted (25.8.2023) by Finance (No. 2) Act 2023 (c. 30), Sch. 19 paras. 5(1)(b)(ii), 17(2); S.I. 2023/918, reg. 2 (with reg. 3)
F24Sch. 4 para. 21(6)(b)(c) substituted for Sch. 4 para. 21(6)(b) (25.8.2023) by Finance (No. 2) Act 2023 (c. 30), Sch. 19 paras. 5(1)(b)(iii), 17(2); S.I. 2023/918, reg. 2 (with reg. 3)
F25Word in Sch. 4 para. 21(7) substituted (25.8.2023) by Finance (No. 2) Act 2023 (c. 30), Sch. 19 paras. 5(1)(c)(i), 17(2); S.I. 2023/918, reg. 2 (with reg. 3)
F26Word in Sch. 4 para. 21(7)(a) substituted (25.8.2023) by Finance (No. 2) Act 2023 (c. 30), Sch. 19 paras. 5(1)(c)(ii), 17(2); S.I. 2023/918, reg. 2 (with reg. 3)
F27Word in Sch. 4 para. 21(7)(c) substituted (25.8.2023) by Finance (No. 2) Act 2023 (c. 30), Sch. 19 paras. 5(1)(c)(iii), 17(2); S.I. 2023/918, reg. 2 (with reg. 3)
F28Words in Sch. 4 para. 21(8) inserted (25.8.2023) by Finance (No. 2) Act 2023 (c. 30), Sch. 19 paras. 5(1)(d), 17(2); S.I. 2023/918, reg. 2 (with reg. 3)
F29Words in Sch. 4 para. 21(9) substituted (25.8.2023) by Finance (No. 2) Act 2023 (c. 30), Sch. 19 paras. 5(1)(e)(i), 17(2); S.I. 2023/918, reg. 2 (with reg. 3)
F30Words in Sch. 4 para. 21(9) substituted (25.8.2023) by Finance (No. 2) Act 2023 (c. 30), Sch. 19 paras. 5(1)(e)(ii), 17(2); S.I. 2023/918, reg. 2 (with reg. 3)
F31Word in Sch. 4 para. 21(10) substituted (25.8.2023) by Finance (No. 2) Act 2023 (c. 30), Sch. 19 paras. 5(1)(f), 17(2); S.I. 2023/918, reg. 2 (with reg. 3)
Commencement Information
I5Sch. 4 para. 21 in force at 4.3.2019 at 11:59 a.m. by S.I. 2019/429, reg. 2 (with regs. 4-9)
22(1)Regulations may make provision for or in connection with—U.K.
(a)the TRA recommending to the Secretary of State that the application of an anti-dumping amount or a countervailing amount to goods should be varied or revoked in light of an international dispute decision, and
(b)[F32the Secretary of State’s powers in relation to] such a recommendation.
(2)The regulations may, among other things—
(a)provide for the TRA to investigate certain matters for the purposes of determining whether to make a recommendation to the Secretary of State and what to recommend;
(b)make provision about the conduct of such an investigation;
(c)provide for the suspension, by public notice given by the Secretary of State, of the application of an anti-dumping amount or a countervailing amount.
[F33(d)make provision corresponding or similar to any provision made by or under this Schedule in relation to dumping or subsidisation investigations, including any of the powers or duties of the TRA or the Secretary of State in respect of those investigations and any recommendations or decisions resulting from them;
(e)make provision conferring functions (including functions involving the exercise of a discretion) on the Secretary of State or the TRA.]
(3)Paragraph 10(2) applies to regulations made by virtue of sub-paragraph (2)(b) in relation to an investigation as it applies to regulations under paragraph 10(1) in relation to a dumping or a subsidisation investigation.
(4)Where, by virtue of provision made under the regulations, the Secretary of State [F34decides] that the application of an anti-dumping amount or a countervailing amount to goods should be varied or revoked, the Secretary of State—
(a)must publish notice of the [F35decision],
(b)must notify interested parties (see paragraph 32(3)) accordingly, and
(c)is required under section 13 to make provision by public notice to give effect to the [F36decision].
(5)The variation of the application of an anti-dumping amount or a countervailing amount to goods which the regulations may provide for may, among other things, include any of the variations mentioned in paragraph 21(8).
(6)An “international dispute decision” means—
(a)a report of a panel or Appellate Body that is adopted by the Dispute Settlement Body of the WTO, or
(b)if not within paragraph (a), a decision under the dispute settlement procedures of an arrangement relating to trade to which Her Majesty's government in the United Kingdom is a party with the government of another country or territory.
Textual Amendments
F32Words in Sch. 4 para. 22(1)(b) substituted (25.8.2023) by Finance (No. 2) Act 2023 (c. 30), Sch. 19 paras. 5(2)(a), 17(2); S.I. 2023/918, reg. 2 (with reg. 3)
F33Sch. 4 para. 22(2)(d)(e) inserted (25.8.2023) by Finance (No. 2) Act 2023 (c. 30), Sch. 19 paras. 5(2)(b), 17(2); S.I. 2023/918, reg. 2 (with reg. 3)
F34Word in Sch. 4 para. 22(4) substituted (25.8.2023) by Finance (No. 2) Act 2023 (c. 30), Sch. 19 paras. 5(2)(c)(i), 17(2); S.I. 2023/918, reg. 2 (with reg. 3)
F35Word in Sch. 4 para. 22(4)(a) substituted (25.8.2023) by Finance (No. 2) Act 2023 (c. 30), Sch. 19 paras. 5(2)(c)(ii), 17(2); S.I. 2023/918, reg. 2 (with reg. 3)
F36Word in Sch. 4 para. 22(4)(c) substituted (25.8.2023) by Finance (No. 2) Act 2023 (c. 30), Sch. 19 paras. 5(2)(c)(iii), 17(2); S.I. 2023/918, reg. 2 (with reg. 3)
Commencement Information
I6Sch. 4 para. 22 in force at 30.1.2020 by S.I. 2020/97, reg. 3 (with Sch. para. 1)
Textual Amendments
F37Sch. 4 para. 22A and cross-heading inserted (25.8.2023) by Finance (No. 2) Act 2023 (c. 30), Sch. 19 paras. 6, 17(2); S.I. 2023/918, reg. 2 (with reg. 3)
22A(1)The Secretary of State may decide to revoke the application of an anti-dumping amount or a countervailing amount to goods in the absence of a recommendation from the TRA where the Secretary of State considers that it is in the public interest to do so.U.K.
(2)Before making a decision under sub-paragraph (1) the Secretary of State must consult such persons as the Secretary of State considers appropriate.
(3)Where the Secretary of State makes a decision under sub-paragraph (1), the Secretary of State—
(a)must publish notice of the decision,
(b)must notify interested parties (see paragraph 32(3)) accordingly,
(c)must lay a statement before the House of Commons setting out the reasons for making the decision, and
(d)is required under section 13 to make provision by public notice to give effect to the decision.]
Textual Amendments
F38Sch. 4 para. 22B and cross-heading inserted (25.8.2023) by Finance (No. 2) Act 2023 (c. 30), Sch. 19 paras. 7, 17(2); S.I. 2023/918, reg. 2 (with reg. 3)
22B(1)The Secretary of State may request that the TRA give advice, information or other support to the Secretary of State for the purpose of allowing the Secretary of State to decide whether to make a decision under any of the following—U.K.
(a)paragraph 15(3B) (decision to require a guarantee other than in accordance with a recommendation);
(b)paragraph 20A(2) (decision to apply a final remedy other than in accordance with a recommendation);
(c)paragraph 22A(1) (decision to revoke a final remedy in the absence of a recommendation).
(2)The Secretary of State may include in a request under sub-paragraph (1) a requirement that the TRA investigate and provide a report on any matter specified in the request.
(3)Before making a request under sub-paragraph (1), the Secretary of State must consult the TRA.
(4)The TRA must comply with a request under sub-paragraph (1).]