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

Determinations upon conclusion of transition reviews

99.—(1) Upon concluding a transition review, the TRA must make a determination or determinations covering all of the goods that were the subject of the review.

(2) A determination referred to in paragraph (1) is a determination that the application of an anti-dumping amount or a countervailing amount to goods should be—

(a) varied; or

(b) revoked.

(3) The TRA must have regard to the current and prospective impact of an anti-dumping amount or a countervailing amount when making a determination regarding the future application of that amount.

(4) The TRA may make a determination in respect of some of the goods which were the subject of the review which is different to the determination which it makes in respect of others.

(5) Where the TRA makes a determination that the application of an anti-dumping amount or a countervailing amount to goods should be varied, the variation may, amongst other things, comprise or include—

(a) subject to paragraph (6), reducing the anti-dumping amount or countervailing amount;

(b) subject to paragraph (6), increasing the anti-dumping amount or countervailing amount;

(c) reducing the period for which the anti-dumping amount or countervailing amount applies;

(d) subject to paragraph (8), extending the period for which the anti-dumping amount or countervailing amount applies.

(6) Where the TRA makes a determination that the application of an anti-dumping amount or a countervailing amount to goods should be varied, that variation must not comprise or include reducing or increasing such amount to an amount which—

(a) in the case of an anti-dumping amount, exceeds the margin of dumping or, if less than the margin of dumping, the amount which the TRA is satisfied would be adequate to remove the injury to UK industry caused by the dumped goods;

(b) in the case of a countervailing amount, exceeds the amount of the subsidy or, if less than the amount of the subsidy, the amount which the TRA is satisfied would be adequate to remove the injury to UK industry caused by the subsidised imports.

(7) Where the TRA makes a determination that the application of an anti-dumping amount or a countervailing amount to goods should be varied and it has not been possible for the TRA to recalculate the anti-dumping amount or countervailing amount, that variation may include maintaining that amount.

(8) Where the TRA makes a determination that the application of an anti-dumping amount or a countervailing amount to goods should be varied, that variation must not comprise or include extending the period for which the amount applies by a period, calculated from the date of the public notice referred to in regulation 101(5)(a), of more than five years.