The Trade Remedies (Amendment) (EU Exit) Regulations 2020

Publication Date:January 01, 2020

2020No. 99

EXITING THE EUROPEAN UNION

CUSTOMS

The Trade Remedies (Amendment) (EU Exit) Regulations 2020

Made30thJanuary2020

Laid before the House of Commons3rdFebruary2020

Coming into force1stMarch2020

CONTENTS

1. Citation and commencement

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PART 1

Amendment of the Trade Remedies (Increase in Imports Causing Serious Injury to UK Producers) (EU Exit) Regulations 2019

2. Amendment of the Trade Remedies (Increase in Imports Causing Serious Injury to UK Producers) (EU Exit) Regulations 2019

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3. Amendment of regulation 2 (interpretation)

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4. Amendment of regulation 34 (mid-term review)

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5. Amendment of regulation 35 (extension review)

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6. Insertion of regulations 35A (discontinuation review) and 35B (tariff rate quota review)

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7. Amendment of regulation 36 (the conduct of reviews)

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8. Insertion of regulation 36A (meaning of “varied”)

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9. Amendment of regulation 39 (suspension of a definitive safeguarding remedy)

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10. Insertion of Part 7A (investigation in light of an international dispute decision)

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11. Amendment of regulation 53 (general modifications)

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12. Insertion of regulations 67A (further modifications to regulation 35A) and 67B (further modifications to regulation 35B)

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13. Amendment of regulation 70 (further modifications to Part 7)

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14. Insertion of regulation 70A (further modifications to Part 7A)

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15. Insertion of regulation 86A (further modifications to paragraph 17 of the Schedule)

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16. Amendment of the Schedule

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PART 2

Amendment of the Trade Remedies (Dumping and Subsidisation) (EU Exit) Regulations 2019

17. Amendment of the Trade Remedies (Dumping and Subsidisation) (EU Exit) Regulations 2019

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18. Amendment of regulation 64 (termination)

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19. Amendment of regulation 68 (the conduct of a review)

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20. Insertion of Part 9A (investigation in light of an international dispute decision)

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21. Amendment of regulation 94 (interpretation for Part 12)

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22. Amendment of regulation 94A (treatment of trade remedies transitioned under this Part)

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23. Amendment of regulation 94B (new exporter review of trade remedies measure transitioned under this Part)

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24. Amendment of regulation 94C (scope review of trade remedies measure transitioned under this Part

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25. Amendment of regulation 96A (transition of EU trade remedies measure)

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26. Amendment of regulation 96C (transition of expired EU trade remedies measure)

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27. Amendment of regulation 97C (continuation of expired UK trade remedies measure)

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28. Amendment of regulation 101A (rejection of recommendation)

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29. Amendment of regulation 101B (acceptance of recommendation before replacement of EU trade duty)

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30. Amendment of regulation 101C (acceptance of recommendation after replacement of EU trade duty)

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31. Amendment of regulation 102 (general modifications)

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32. Insertion of regulation 113A (modifications to regulation 68)

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33. Insertion of regulation 130A (modifications to Part 9A)

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34. Insertion of regulation 141A (modifications to Schedule 5A)

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35. Insertion of Schedule 5A (content of international dispute investigation notices)

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PART 3

Amendment of the Trade Remedies (Reconsideration and Appeals) (EU Exit) Regulations 2019

36. Amendment of the Trade Remedies (Reconsideration and Appeals) (EU Exit) Regulations 2019

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37. Amendment of regulation 14 (outcome of reconsideration)

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38. Amendment of regulation 16 (appeals to the Upper Tribunal in relation to a decision made by the TRA)

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39. Amendment of regulation 26 (modifications to regulation 14)

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40. Amendment of regulation 30 (modifications to Schedule 1 of these Regulations)

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41. Amendment of Schedule 1 (original decisions of the TRA)

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42. Amendment of Schedule 2 (determinations of the Secretary of State that are subject to appeal)

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The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 51(1)(b), 56(1), (6), and (7) of, and paragraphs 10(1), 21(1), 22(1), 30, and 31(1) of Schedule 4 to, and paragraphs 21(1), 22(1), 24(1), 25(2), 29, and 30(1) of Schedule 5 to, the Taxation (Cross-border Trade) Act 2018( 1).

Citation and commencement

1. These Regulations may be cited as the Trade Remedies (Amendment) (EU Exit) Regulations 2020 and come into force on 1st March 2020.

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. This Part amends the Trade Remedies (Increase in Imports Causing Serious Injury to UK Producers) (EU Exit) Regulations 2019( 2).

Amendment of regulation 2 (interpretation)

3. In regulation 2—

(a) after the definition of “directly competitive goods”, insert—

““discontinuation review” has the meaning given by regulation 35A (discontinuation review);”;

(b) after the definition of “statement of reasons”, insert—

““a TRQ review” has the meaning given by regulation 35B (tariff rate quota review);”.

Amendment of regulation 34 (mid-term review)

4. In regulation 34(4)(b), omit “in respect of its level, form or pace of liberalisation”.

Amendment of regulation 35 (extension review)

5. In regulation 35(8)—

(a) in sub-paragraph (a), for “maintained or increased” substitute “varied”;

(b) in sub-paragraph (b), omit “the form of”.

Insertion of regulations 35A (discontinuation review) and 35B (tariff rate quota review)

6. After regulation 35, insert—

“Discontinuation review

35A.—(1) The TRA may conduct a review to consider whether a definitive safeguarding remedy should be revoked (a “discontinuation review”) where it is satisfied that there is sufficient information indicating that—

(a) there may have been a lasting change of circumstances since the application of the relevant definitive safeguarding remedy; and

(b) as a result, UK producers may no longer be suffering serious injury, or may cease to suffer such injury if the relevant definitive safeguarding remedy is revoked.

(2) The TRA may initiate a discontinuation review on its own initiative.

(3) Where the TRA initiates a discontinuation review, the TRA must—

(a) publish a notice of its decision to initiate that review (a “notice of initiation of a review”) containing the information set out in paragraph 9 of the Schedule; and

(b) notify the Secretary of State and interested parties.

(4) In conducting a discontinuation review, the TRA—

(a) must determine whether—

(i) there has been a lasting change of circumstances since the application of the relevant definitive safeguarding remedy; and

(ii) UK producers have ceased to suffer serious injury or would not suffer such injury if the relevant definitive safeguarding remedy is revoked; and

(b) may take into account any factors that it considers relevant.

(5) Following a discontinuation review, the TRA may determine that the application to goods of a definitive safeguarding remedy subject to review should be—

(a) maintained in accordance with the relevant public notice made under section 13 of the Act; or

(b) revoked.

Tariff rate quota review

35B.—(1) The TRA may conduct a review to consider whether a tariff rate quota to which goods are subject should be varied (a “TRQ review”) where it is satisfied that there is sufficient information indicating that there may have been a change of circumstances (see paragraph (9)) since the application of that tariff rate quota to those goods.

(2) The TRA may initiate a TRQ review—

(a) following the receipt of an application made by or on behalf of an interested party (a “TRQ review application”); or

(b) on its own initiative.

(3) The TRA may reject a TRQ review application if it is made before the end of the period of six months beginning with the conclusion of—

(a) an investigation conducted under Part 5;

(b) a mid-term review;

(c) an extension review; or

(d) the transition review (under Part 9) in respect of the same tariff rate quota.

(4) The TRA may reject a TRQ review application if it is not made via the TRA's case management system.

(5) Where the TRA initiates a TRQ review, the TRA must—

(a) publish a notice of its decision to initiate a TRQ review (a “notice of initiation of a review”) containing the information set out in paragraph 9 of the Schedule; and

(b) notify the Secretary of State and interested parties.

(6) In conducting a TRQ review, the TRA—

(a) need not make any assessments or determinations under Parts 2 to 4;

(b) must determine whether there has been a change in circumstances (see paragraph (9)) since the application of the relevant tariff rate quota; and

(c) may consider—

(i) whether the amount or allocation of the tariff rate quota is appropriate for domestic market conditions;

(ii) the desirability of maintaining, as far as possible, traditional trade flows;

(iii) any other factors that it considers relevant.

(7) Following a TRQ review, the TRA may determine that the tariff rate quota to which goods are subject should be—

(a) maintained in accordance with the relevant public notice made under section 13 of the Act;

(b) varied; or

(c) where there is sufficient evidence that UK producers have ceased production of those goods, revoked.

(8) The TRA must not vary a tariff rate quota by—

(a) reducing the rate of import duty that apply to goods subject to that quota; or

(b) varying the period for which goods are subject to that quota.

(9) For the purposes of paragraphs (1) and (6)(b), a change of circumstances may, among other things, be—

(a) the fact that the tariff rate quota, or any part of the quota, has been exhausted;

(b) a change in demand for the relevant goods;

(c) the effect of an anti-dumping amount or a countervailing amount being applied to the relevant goods or like goods and directly competitive goods in the United Kingdom;

(d) trade diversion in relation to the imposition of anti-dumping, countervailing, safeguard or other trade measures by a foreign country or territory;

(e) the impact of the tariff rate...

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