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The Trade Remedies (Reconsideration and Appeals) (EU Exit) Regulations 2019

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  1. Introductory Text

  2. PART 1 Introductory

    1. 1.Citation, commencement and effect

    2. 2.Interpretation

  3. PART 2 General provisions and reconsideration by the TRA

    1. CHAPTER 1 General provisions

      1. 3.Deemed Service

      2. 4.Public file

      3. 5.Confidential information

      4. 6.Permitted disclosure

      5. 7.The use of information and facts available to the TRA from secondary sources

      6. 8.Non-cooperation

    2. CHAPTER 2 Reconsideration by the TRA

      1. 9.Applicant for reconsideration

      2. 10.Application for reconsideration

      3. 11.The TRA's acceptance or rejection of an application for reconsideration

      4. 12.Initiation of reconsideration

      5. 13.Reconsideration by the TRA

      6. 14.Outcome of reconsideration

      7. 15.The effect of an original decision, withdrawal and termination of a reconsideration

  4. PART 3 Appeal to the Upper Tribunal

    1. 16.Appeals to the Upper Tribunal in relation to a decision made by the TRA

    2. 17.Appeals to the Upper Tribunal in relation to a determination or decision made by the Secretary of State

    3. 17A.Appeals to the Upper Tribunal in relation to a decision by the Secretary of State under the Trade Remedies (Review and Reconsideration of Transitioned Trade Remedies) Regulations 2022

    4. 18.Conduct and outcome of appeal

  5. PART 4 Transitional provisions relating to the TRA

    1. CHAPTER 1 General modifications

      1. 19.General modifications

    2. CHAPTER 2 Further modifications

      1. 20.Modifications to Part 1

      2. 21.Modifications to Part 2

      3. 22.Regulation 6 (permitted disclosure) has effect as if—

      4. 23.Regulation 8 (non-cooperation) has effect as if—

      5. 24.Regulation 11 (the TRA's acceptance or rejection of an application...

      6. 25.Regulation 13 (reconsideration by the TRA) has effect as if,...

      7. 26.Regulation 14 (outcome of reconsideration) has effect as if—

      8. 27.Regulation 15 (the effect of an original decision, withdrawal and...

      9. 28.Modifications to Part 3

      10. 29.Regulation 18 (conduct and outcome of appeal) has effect as...

      11. 30.Modifications to Schedule 1 to these Regulations

      12. 31.Modifications to Schedule 2 to these Regulations

  6. Signature

    1. SCHEDULE 1

      Original decisions and appealable decisions of the TRA

      1. PART 1 Determinations or recommendations made under Schedule 4

        1. 1.A determination made under paragraph 9(4) to reject an application...

        2. 2.A final negative determination made under paragraph 11(6)(b).

        3. 3.A recommendation made under paragraph 17(3) in relation to an...

        4. 4.A recommendation made under paragraph 17(4) in relation to a...

        5. 5.A determination notified under paragraph 17(10) that no recommendation can...

      2. PART 2 Determinations or recommendations made under Schedule 5

        1. 6.A determination made under paragraph 7(5) to reject an application...

        2. 7.A final negative determination made under paragraph 9(5)(b).

        3. 8.A recommendation made under paragraph 16(3) (including any recommendation in...

        4. 9.A determination notified under paragraph 16(11) that no recommendation can...

      3. PART 3 Determinations or recommendations made under the Dumping and Subsidisation Regulations

        1. 10.A determination made under regulation 64(1) or (2) to terminate...

        2. 11.A determination made under regulation 67 to reject a review...

        3. 12.A determination made under regulation 68(6) to terminate a review....

        4. 13.A determination made under regulation 69(6)(a) following an interim review....

        5. 14.A determination made under regulation 70(11)(a) following an expiry review....

        6. 15.A determination made under regulation 71(6)(a) following a new exporter...

        7. 16.A determination made under regulation 72(7)(a) following an absorption review....

        8. 17.A determination made under regulation 73(7)(a) following a circumvention review....

        9. 18.A determination made under regulation 73(9) to grant an exemption....

        10. 19.A determination made under regulation 74(5)(a) following a scope review....

        11. 20.A recommendation made under regulation 75(1) (other than a recommendation...

        12. 21.A determination made under regulation 78(5) that it is not...

        13. 22.A determination made under regulation 83(2) to reject an application...

        14. 23.A determination made under regulation 83(5) that an undertaking has...

        15. 24.A determination made under regulation 84(5)(a) or a recommendation made...

        16. 25.A suspension recommendation made under regulation 85 or a determination...

        17. 26.A recommendation made under regulation 87 to extend the period...

        18. 27.A recommendation made under regulation 88(1) to reinstate an anti-dumping...

        19. 27A.A determination in notice published under regulation 88F(2) or 88H(4)...

        20. 27B.A recommendation made under regulation 88G(1) or 88H(2) following an...

        21. 28.A determination as to the amount of repayment of an...

        22. 29.A recommendation made under regulation 100(1) following a transition review....

        23. 29A.A determination under regulation 96E(6) to reject a review application....

        24. 29B.A recommendation under regulation 96G(1) in relation to an exemption...

        25. 29C.A determination under regulation 96G(4) not to make a recommendation...

      4. PART 4 Determinations or recommendations made under the Safeguards Regulations

        1. 30.A determination made under regulation 30(1) to terminate an investigation....

        2. 31.A determination made under regulation 34(4)(a) following a mid-term review....

        3. 32.A determination made under regulation 35(7)(a) following an extension review....

        4. 33.A determination made under regulation 35 to reject an extension...

        5. 33A.A determination made under regulation 35A(5)(a) following a discontinuation review....

        6. 33B.A determination made under regulation 35B(7)(a) following a TRQ review....

        7. 33C.A determination made under regulation 35B to reject a TRQ...

        8. 34.A determination made under regulation 36(3) to terminate a review....

        9. 35.A recommendation made under regulation 37(1) following a review (other...

        10. 36.A suspension recommendation made under regulation 39 or a determination...

        11. 37.A recommendation made under regulation 41 to extend the period...

        12. 38.A recommendation made under regulation 42(1) to reinstate a definitive...

        13. 38A.A determination in notice published under regulation 42F(2) or 42G(3)...

        14. 38B.A recommendation made under regulation 42G(1) or 42H(2) in an...

        15. 39.A determination made under regulation 50(1) that the application of...

        16. 40.A recommendation made under regulation 51(1) in relation to the...

      5. Part 4A Determinations or recommendations under the Dumping and Subsidisation Regulations or the Safeguards Regulations: appealable decisions

        1. 40A.A determination under regulation 68A(5)(a) of the Dumping and Subsidisation...

        2. 40B.A determination under regulation 33A(7)(a) of the Safeguards Regulations following...

        3. 40C.A recommendation under regulation 75(1) of the Dumping and Subsidisation...

        4. 40D.A recommendation under regulation 37(1) of the Safeguards Regulations following...

      6. Part 5 Determinations or Recommendations made under Schedule 5 as applied by Schedule 5A: appealable decisions

        1. 41.A final negative determination under paragraph 9(5)(b).

        2. 42.A recommendation made under paragraph 16(3) (including any recommendation made...

        3. 43.A determination notified under paragraph 16(11) that no recommendation can...

      7. Part 6 Determinations or Recommendations made under the Bilateral Safeguards Regulations: appealable decisions

        1. 44.A determination under regulation 32(5) following a review.

        2. 45.A recommendation made under regulation 34(1) following a review.

        3. 46.A determination notified under regulation 42(8) in an international dispute...

        4. 47.A recommendation made under regulation 43(1) or 44(2) in an...

    2. SCHEDULE 2

      Determinations and decisions of the Secretary of State that are subject to appeal

      1. PART 1 Determinations and decisions made under Schedule 4 or 5

        1. 1.The acceptance or rejection under paragraph 20(1) of Schedule 4...

        2. 1A.The decision by the Secretary of State under paragraph 20A(2)...

        3. 1B.The decision under paragraph 22A(1) of Schedule 4 to revoke...

        4. 2.The acceptance or rejection under paragraph 19(1) or 20(1) of...

        5. 2ZA.The decision by the Secretary of State under paragraph 19(2C)...

        6. 2ZB.The decision by the Secretary of State under paragraph 20(2C)...

        7. 2ZC.The decision under paragraph 22A(1) of Schedule 5 to revoke...

      2. Part 1A Decisions made under Schedule 5, as applied by Schedule 5A

        1. 2A.A decision under paragraph 19 to apply, or not to...

        2. 2B.A decision under paragraph 20 to apply, or not to apply,...

        3. 2C.A decision under paragraph 21(7) to vary or revoke a...

        4. 2D.A decision under paragraph 21(10) to apply a definitive bilateral...

        5. 2E.A decision under paragraph 22(4) to vary or revoke a...

        6. 2F.A decision under paragraph 22A(1) to revoke a definitive bilateral...

      3. PART 2 Determinations and decisions made under the Dumping and Subsidisation Regulations

        1. 3.The acceptance or rejection under regulation 76(1) of a recommendation...

        2. 3A.The decision under regulation 76A(2) to vary the application of...

        3. 4.The acceptance or rejection under regulation 85(9) of a recommendation...

        4. 4A.The decision under regulation 85(11B) to vary the period of...

        5. 5.The acceptance or rejection under regulation 87(7) of a recommendation...

        6. 5A.The decision under regulation 87(9B) to vary the extended period...

        7. 6.The acceptance or rejection under regulation 88(3) of a recommendation...

        8. 6A.The acceptance or rejection under regulation 88I of a recommendation...

        9. 6B.The decision under regulation 88J(2) to vary an anti-dumping amount...

        10. 7.The acceptance or rejection under regulation 101(1) of a recommendation...

        11. 7AA.The decision under regulation 101D(2) to vary an anti-dumping amount...

        12. 7A.The acceptance or rejection under regulation 96F(1) of a recommendation...

        13. 7B.The acceptance or rejection under regulation 96H(1) of a recommendation...

      4. PART 3 Determinations and decisions made under the Safeguards Regulations

        1. 8.The acceptance or rejection under regulation 38(1) of a recommendation...

        2. 8A.The decision under regulation 38(2C) to vary or replace the...

        3. 9.The acceptance or rejection under regulation 39(9) of a recommendation...

        4. 9A.The decision under regulation 39(10B) to vary the period of...

        5. 10.The acceptance or rejection under regulation 41(7) of a recommendation...

        6. 10A.The decision under regulation 41(8B) to vary the extended period...

        7. 11.The acceptance or rejection under regulation 42(3) of a recommendation...

        8. 11A.The acceptance or rejection under regulation 42I of a recommendation...

        9. 11B.The decision under regulation 42I(3C) to vary the application of...

        10. 12.The acceptance or rejection under regulation 52(1) of a recommendation...

      5. PART 4 Determinations and decisions made under these Regulations

        1. 13.The acceptance or rejection under regulation 14(9)(b) of the TRA's...

        2. 13A.A decision to apply an alternative remedy in accordance with...

      6. Part 5 Decisions made under the Bilateral Safeguards Regulations

        1. 14.A decision to request the termination of a bilateral safeguarding...

        2. 15.A decision to request the termination of a review under...

        3. 16.A decision under regulation 35(7) following a review.

        4. 17.A decision under regulation 45(7) following an investigation in light...

  8. Explanatory Note

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