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PART 12Transitional Provisions

Interpretation for Part 12

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.