The Trade Remedies (Amendment) (EU Exit) Regulations 2019
Jurisdiction | UK Non-devolved |
Citation | SI 2019/1076 |
2019 No. 1076
Exiting The European Union
Customs
The Trade Remedies (Amendment) (EU Exit) Regulations 2019
Made 2nd July 2019
Laid before the House of Commons 2nd July 2019
Coming into force 23th July 2019
The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 51(1), 52(1), 56(1) and (4) of, and paragraphs 10(1) and 21(1) and (6) of Schedule 4 to, and paragraphs 8(1) and 21(1) and (6) of Schedule 5 to, the Taxation (Cross-border Trade) Act 20181.
Citation and commencement
1. These Regulations may be cited as the Trade Remedies (Amendment) (EU Exit) Regulations 2019 and come into force on 23rd July 2019.
PART 1
Amendment of the Trade Remedies (Increase in Imports Causing Serious Injury to UK Producers) (EU Exit) Regulations 2019
Amendment of the Trade Remedies (Increase in Imports Causing Serious Injury to UK Producers) (EU Exit) Regulations 2019
2. The Trade Remedies (Increase in Imports Causing Serious Injury to UK Producers) (EU Exit) Regulations 20192are amended in accordance with this Part.
Amendment of Part 9 (Transitional Provisions)
3.—(1) In regulation 45, in the appropriate place, insert—
““replacement day” means the day on which paragraph 1 of Schedule 7 to the Act comes into force in so far as it relates to any EU safeguard duty”.
(2) After regulation 45, insert—
“Investigation before replacement day
45A. The TRA must not initiate an investigation under paragraph 6(1) of Schedule 5 to the Act before replacement day.
Application before replacement day
45B. The TRA must disregard a request to initiate an investigation under paragraph 7(1)(a)(i) of Schedule 5 to the Act if the application by or on behalf of UK producers of the goods is made before replacement day.”
(3) In regulation 46(8), omit the definition of “replacement day”.
Amendment of Part 10 (Transitional provisions relating to the TRA)
4.—(1) In regulation 53(a), omit “the”.
(2) In regulation 68(b), in substituted regulation 37(2), omit “and decides to give effect to it,”.
Amendment of the Schedule
5. In the Schedule—
(a) omit paragraph 9(c);
(b) in paragraph 11(e)(ii), for “revocation” substitute “notice”;
(c) in paragraph 15(d)(ii), for “reinstatement” substitute “notice”.
PART 2
Amendment of the Trade Remedies (Dumping and Subsidisation) (EU Exit) Regulations 2019
Amendment of the Trade Remedies (Dumping and Subsidisation) (EU Exit) Regulations 2019
6. The Trade Remedies (Dumping and Subsidisation) (EU Exit) Regulations 20193are amended in accordance with this Part.
Amendment of Part 6 (Initiation and conduct of an investigation)
7.—(1) In regulation 45(2)(a), after “information;” insert “or”.
(2) In regulation 64(4)(a), for “paragraph” substitute “regulation”.
Amendment of Part 7 (Initiation and conduct of a review)
8.—(1) In regulation 69(10), for “determination” substitute “recommendation”.
(2) In regulation 73—
(a)
(a) in paragraph (7)(b)(iii), after “anti-dumping” insert “ amount”;
(b)
(b) in paragraph (10), in both places, for “paragraph (3)” substitute “paragraph (2)(b)”.
Amendment of Part 9 (Suspension)
9. In regulation 85(7), for “considers” substitute “determines”.
Substitution of Part 12 (Transitional Provisions)
10. For Part 12 substitute—
“PART 12
Transitional provisions
CHAPTER 1
General
Interpretation for Part 12
94.—(1) In this Part—
“appropriate date” means—
(a) in relation to a transition review under regulation 97(2)(a), the day of replacement of EU trade duty;
(b) in relation to a transition review under regulation 97(2)(b)—
(i) the day of publication of the notice under regulation 101C(2)(a); or
(ii) the day of expiry if the relevant UK trade remedies measure continues to apply under regulation 97C(2);
“determination notice” means a notice published by the Secretary of State under regulation 96(1);
“EU anti-dumping duty” means a definitive anti-dumping duty imposed by an EU instrument made under—
(a) the EU anti-dumping regulation;
(b) an earlier EU regulation under which an EU instrument imposing a definitive anti-dumping duty could have been made;
“the EU anti-dumping regulation” means Regulation (EU) 2016/1036 of the European Parliament and of the Council of 8 June 2016 on protection against dumped imports from countries not members of the European Union4;
“EU countervailing duty” means a definitive countervailing duty imposed by EU instrument made under—
(a) the EU countervailing regulation; or
(b) an earlier EU regulation under which an EU instrument imposing a definitive countervailing duty could have been made;
“the EU countervailing regulation” means Regulation (EU) 2016/1037 of the European Parliament and of the Council of 8 June 2016 on protection against subsidised imports from countries not members of the European Union5;
“EU regulation” has the same meaning as in Article 288 of the Treaty on the Functioning of the European Union;
“EU trade remedies measure” means an EU anti-dumping duty or an EU countervailing duty;
“recommendation of revocation” means a recommendation made under regulation 100(1) in accordance with regulation 100B;
“recommendation of variation” means a recommendation made under regulation 100(1) in accordance with regulation 100A;
“replacement of EU trade duty” means the coming into force of paragraph 1 of Schedule 7 to the Act in so far as it relates to any EU anti-dumping duty or EU countervailing duty;
“transition review” means a review under regulation 97(2)(a) or (b);
“UK trade remedies measure” means an anti-dumping amount or a countervailing amount applied by public notice under regulation 96A(1).
(2) For the purposes of this Part, “EU countervailing duty” includes a duty that would apply to goods were it not for acceptance by the European Commission of an undertaking in accordance with Article 13 of the EU countervailing regulation.
Treatment of trade remedies measure transitioned under this Part
94A.—(1) This regulation applies for the purposes of the other Parts of these Regulations.
(2) An anti-dumping amount or a countervailing amount applied by public notice under regulation 96A(1) or 102C(2)(a) is to be treated as if it were an anti-dumping or countervailing amount—
(a)
(a) applied under section 13(2) of the Act;
(b)
(b) giving effect to a recommendation made by the TRA under paragraph 17(3) or (4) of Schedule 4 to the Act;
(c)
(c) following an investigation conducted in accordance with Schedule 4 to the Act and the other Parts of these Regulations.
(3) A reference to a public notice under section 13 includes a reference to a public notice under regulation 96A(1) or 102C(2)(a).
New exporter review of trade remedies measure transitioned under this Part
94B.—(1) This regulation applies for the purposes of a new exporter review in relation to an anti-dumping amount or a countervailing amount applied by public notice under regulation 96A(1) or 102C(2)(a).
(2) Regulation 71 (new exporter review) has effect as if—
(a)
(a) in paragraphs (2), (3)(a)(ii), and the first reference in paragraph (3)(b), for “the United Kingdom”, there were substituted “the European Union”;
(b)
(b) in paragraph (4), for “regulation 37 (determination of the anti-dumping amount or countervailing amount for non-sampled overseas exporters)” substitute “the EU anti-dumping regulation or the EU countervailing regulation”;
(c)
(c) in paragraph (7), for “the rate previously calculated in accordance with regulation 38 (determination of residual amount)”, there were substituted “the relevant anti-dumping amount applied by public notice under regulation 96A(1) or 101C(2)(a)”;
(d)
(d) after paragraph (9), there were inserted—
“(10) In this regulation, “EU anti-dumping regulation” and “EU countervailing regulation” have the same meaning as in regulation 94.”.
Scope review of trade remedies measure transitioned under this Part
94C.—(1) This regulation applies for the purposes of a scope review in relation to an anti-dumping amount or a countervailing amount applied by public notice under regulation 96A(1) or 102C(2)(a).
(2) Regulation 74 (scope review) has effect with the omission of paragraph (4)(a).
CHAPTER 2
Dumping and subsidisation investigation
Investigation before replacement of EU trade duty
95. The TRA must not initiate an investigation under paragraph 8(1) or (3) of Schedule 4 to the Act before replacement of EU trade duty.
Application before replacement of EU trade duty
95A. The TRA must disregard a request to initiate an investigation under paragraph 9(1)(a) of Schedule 4 to the Act if the application by or on behalf of a UK industry is made before replacement of EU trade duty.
CHAPTER 3
Transition of EU trade remedies measure
Determination to transition EU trade remedies measure
96.—(1) The Secretary of State may by publishing a notice determine to transition an EU trade remedies measure.
(2) A notice under paragraph (1) may be published at any time before replacement of EU trade duty.
Transition of EU trade remedies measure
96A.—(1) The Secretary of State must by public notice make provision giving effect to an EU trade remedies measure specified in a determination...
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