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

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This is the original version (as it was originally made).

Interpretation for Part 12

This section has no associated Explanatory Memorandum

94.—(1) In this Part—

“corresponding EU duty” means the EU anti-dumping duty or EU countervailing duty in respect of which a relevant determination (referred to in regulation 95(1)(a) or (b)) that an anti-dumping amount or countervailing amount applies to goods was made;

“EU anti-dumping duty” means a definitive anti-dumping duty that has, before replacement day, been imposed by provision made under Regulation (EU) 2016/1036 of the European Parliament and of the Council on protection against dumped imports from countries not members of the European Union(1);

“EU countervailing duty” means a definitive countervailing duty that has, before replacement day, been imposed by provision made under Regulation (EU) 2016/1037 of the European Parliament and of the Council on protection against subsidised imports from countries not members of the European Union(2);

“EU regulation” means a regulation within the meaning of Article 288 of the Treaty on the Functioning of the European Union;

“EU tertiary legislation” means any provision made under an EU regulation;

“qualifying application” means an application made to the Secretary of State by or on behalf of a UK industry in the goods to which the application relates; and

“replacement day” means the day on which Part 1 of Schedule 7 to the Act comes into force in so far as it relates to any EU anti-dumping duty and any EU countervailing duty.

(2) For the purpose of this Part, references to Regulation (EU) 2016/1036 and Regulation (EU) 2016/1037 shall be taken to include references to earlier EU regulations under which provision was made for the imposition of, as the case may be, definitive anti-dumping duties and definitive countervailing duties.

(1)

OJ No L 176, 30.6.16, p 21.

(2)

OJ No L 176, 30.6.16, p 55.

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