The Trade Remedies (Review and Reconsideration of Transitioned Trade Remedies) Regulations 2022
| Jurisdiction | UK Non-devolved |
| Citation | SI 2022/113 |
| Year | 2022 |
2022 No. 113
Customs
Trade
The Trade Remedies (Review and Reconsideration of Transitioned Trade Remedies) Regulations 2022
Made 7th February 2022
Laid before the House of Commons 9th February 2022
Coming into force 2nd March 2022
The Secretary of State makes the following Regulations pursuant to section 1(1) and (2) of the Provisional Collection of Taxes Act 19681and a resolution passed by the House of Commons on 2nd November 20212.
Citation, commencement and extent
1.—(1) These Regulations may be cited as the Trade Remedies (Review and Reconsideration of Transitioned Trade Remedies) Regulations 2022 and come into force on 2nd March 2022.
(2) These Regulations extend to the United Kingdom.
Interpretation
2. In these Regulations—
“Call-in Notice” has the meaning given by regulation 4(2);
“public file” means—
(a) in respect of a review of the application of an anti-dumping amount or a countervailing amount to goods, the file referred to in regulation 44 of the Dumping and Subsidisation Regulations3;
(b) in respect of a reconsideration of a transitioned trade remedy, the file referred to in regulation 4 of the Reconsideration and Appeals Regulations4;
“Report of Findings” has the meaning given by regulation 7(1)(c);
“the TRA” means the Trade Remedies Authority5.
Secretary of State to decide in relation to a review or reconsideration of a transitioned trade remedy
3. Regulations 4 to 18 apply where—
(a) a review or reconsideration of a transitioned trade remedy has been initiated by the TRA but has not been concluded, and
(b) the Secretary of State notifies the TRA in writing that, in relation to the matters under review or reconsideration, the Secretary of State is to decide whether to—
(i) vary, maintain or revoke a tariff rate quota, anti-dumping amount or countervailing amount that is applicable to the goods to which the review or reconsideration relates, or
(ii) replace a tariff rate quota that is applicable to the goods to which the review or reconsideration relates with an additional amount of import duty.
Notice
4.—(1) Where the Secretary of State notifies the TRA as mentioned in regulation 3(b), the Secretary of State must lay a statement before the House of Commons which must include—
(a)
(a) a description of the goods to which the review or reconsideration relates,
(b)
(b) where the review or reconsideration relates to an anti-dumping amount or a countervailing amount applicable to goods, the name of the exporting country or territory (as mentioned in the TRA’s notice of initiation of the review under regulation 98(1) of the Dumping and Subsidisation Regulations),
(c)
(c) the reasons why the Secretary of State is to decide on the matters under review or reconsideration,
(d)
(d) the date on which the Secretary of State notified the TRA as mentioned in regulation 3(b), and
(e)
(e) the TRA reference number of the review or reconsideration.
(2) The Secretary of State must also publish a notice (referred to in these Regulations as “a Call-in Notice”) which must include—
(a)
(a) where the Call-in Notice relates to a review of an anti-dumping amount or a countervailing amount applicable to goods—
(i) the date on which the TRA published the notice of initiation of the review under regulation 98(1) of the Dumping and Subsidisation Regulations, and
(ii) details of the review process to be carried out by the Secretary of State, if this differs from the process as set out in the TRA’s notice of initiation of the review under regulation 98(1) of the Dumping and Subsidisation Regulations;
(b)
(b) where the Call-in Notice relates to a reconsideration of a transitioned trade remedy, the date on which the TRA published the notice of initiation of the reconsideration under regulation 12(1) of the Reconsideration and Appeals Regulations.
(3) The Call-in Notice may be published by the Secretary of State in such a manner as the Secretary of State considers appropriate.
TRA to maintain the public file
5.—(1) The TRA must maintain the public file in respect of the matters under review or reconsideration in accordance with the provisions of this regulation.
(2) The TRA must include in the public file only—
(a)
(a) evidence that the TRA considers material to the matters under review or reconsideration;
(b)
(b) where the Secretary of State so directs, evidence that the Secretary of State considers material to the matters under review or reconsideration.
(3) When maintaining the public file, the TRA must have regard to any guidance issued by the Secretary of State as to evidence material to the review or reconsideration.
Secretary of State’s general power for purpose of regulation 3
6.—(1) The Secretary of State may do anything that the Secretary of State considers appropriate for the purposes of making a decision as mentioned in regulation 3(b).
(2) In particular, the Secretary of State may—
(a)
(a) consider information supplied to the Secretary of State by any person;
(b)
(b) request that any person supply information to the Secretary of State;
(c)
(c) set time limits for responses to requests made by the Secretary of State and vary such time limits;
(d)
(d) specify the format or structure of responses to those requests;
(e)
(e) accept or reject information that is supplied outside any applicable time limit, as appropriate.
TRA’s functions
7.—(1) For the purpose of assisting the Secretary of State in making a decision as mentioned in in regulation 3(b), the TRA must—
(a)
(a) investigate and analyse the impact of the transitioned trade remedy under review or reconsideration;
(b)
(b) gather and assess evidence in connection with the impact of the transitioned trade remedy;
(c)
(c) provide a report to the Secretary of State (in these Regulations referred to as a “Report of Findings”) before a date specified by the Secretary of State which must include—
(i) a summary of the investigation and the analysis conducted by the TRA in relation to the impact of the transitioned trade remedy under review or reconsideration,
(ii) the TRA’s assessment of the evidence gathered,
(iii) whether the TRA considers the economic interest test is met in relation to the transitioned trade remedy under review or reconsideration, and
(iv) advice to the Secretary of State in connection with the matters under review or reconsideration, including in relation to the economic interest test, and the reasons for that advice.
(2) The Secretary of State may direct the TRA to provide such other assistance as the Secretary of State considers necessary for the purpose of making a decision as mentioned in regulation 3(b).
(3) For the purpose of the TRA providing assistance to the Secretary of State pursuant to this regulation, where the Secretary of State is to decide—
(a)
(a) in relation to a review of the application of an anti-dumping amount or a countervailing amount to goods, regulations 99A, 99B and 99C of the Dumping and Subsidisation Regulations have effect;
(b)
(b) in relation to a reconsideration of a transitioned trade remedy, regulations 3, 5, 7, 8 and 13 of the Reconsideration and Appeals Regulations have effect subject to the modifications specified in regulation 18.
(4) For the purposes of this regulation “economic interest test” has the meaning given by—
(a)
(a) paragraph 25 of Schedule 4 to the TCTA 20186, in relation to the application of an anti-dumping amount or a countervailing amount;
(b)
(b) paragraph 23 of Schedule 5 to the TCTA 2018 in relation to the application of a tariff rate quota.
Information sharing
8.—(1) Where the Secretary of State notifies the TRA as mentioned in regulation 3(b), the TRA must, upon request, provide the Secretary of State with any information (including confidential information) it holds in connection with the matters under review or reconsideration.
(2) The TRA must, upon request, provide the Secretary of State with information it holds in relation to a review or reconsideration of a transitioned trade remedy that it has initiated but in respect of which the Secretary of State has not notified the TRA as mentioned in regulation 3(b) (but this does not include confidential information).
(3) The Secretary of State may provide information (including confidential information) to the TRA where the Secretary of State considers that the information is necessary for the purpose of the TRA carrying out its functions pursuant to regulation 7.
Permitted disclosure
9.—(1) The Secretary of State or the TRA may disclose confidential information (other than as provided for by regulation 8(1) or (3)) where such disclosure is—
(a)
(a) made with the consent of the person supplying the information,
(b)
(b) made for the purpose of court or tribunal proceedings in the United Kingdom relating to the exercise of the Secretary of State’s or the TRA’s functions under these Regulations,
(c)
(c) made for the purpose of an international dispute relating to the exercise by the Secretary of State or the TRA of functions under these Regulations, or
(d)
(d) required or permitted by any other enactment or rule of law.
(2) Before making a disclosure under paragraph (1)(b), (c) or (d), the Secretary of State or the TRA, as the case may be, must consider whether such disclosure is likely to allow, or result in, such information being made available to a competitor of the person—
(a)
(a) supplying the information, or
(b)
(b) to which the information relates.
(3) In paragraph (1)(d), reference to an enactment includes an enactment comprised in, or an instrument made under, an Act of the Scottish Parliament.
Confidential information
10.—(1) For the purposes of regulations 8 and...
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