Paragraph 11 Modifications to Part 4 (definitive remedies: anti-dumping amount or countervailing amount)

Paragraph 21 (reviews of continuing application of an anti-dumping amount or a countervailing amount) of Schedule 4 to the Act has effect as if, for sub-paragraphs (6) to (10) of that paragraph, there were substituted—

“(6)

Regulations may make provision for or in connection with the Secretary of State—

(a)

making a preliminary decision that the application of an anti-dumping amount or a countervailing amount to goods should be varied or revoked, and

(b)

deciding whether to give effect to such a preliminary decision.

(7)

Where, by virtue of provision made under sub-paragraph (6), the Secretary of State decides to give effect to a preliminary decision that the application of an anti-dumping amount or a countervailing amount to goods should be varied or revoked, the Secretary of State—

(a)

must publish notice of the preliminary decision and of the decision to give effect to it,

(b)

must notify interested parties (see paragraph 32(3)) accordingly, and

(c)

is required under section 13 to make provision by public notice to give effect to the preliminary decision.

(8)

Where the Secretary of State makes a preliminary decision to vary the application of an anti-dumping amount or a countervailing amount to goods, by virtue of regulations under sub-paragraph (6), such a decision may among other things include—

(a)

varying the goods or descriptions of goods to which an anti-dumping amount or a countervailing amount is applicable (including so that it is applicable to goods or descriptions of goods to which it has not previously been applicable);

(b)

varying the period for which an anti-dumping amount or a countervailing amount is applicable (including extending it beyond the period referred to in paragraph 18(2)(a));

(c)

varying an anti-dumping amount or a countervailing amount.

(9)

Regulations under sub-paragraph (6) may provide that the Secretary of State may decide that the application of an anti-dumping amount or a countervailing amount as varied should be applicable to goods from a date (“the relevant date”) before the date of publication of the public notice under section 13 giving effect to the preliminary decision.

(10)

Such a decision may only be made if—

(a)

a notice under paragraph 29(1) (registration) has been published in respect of the goods, and

(b)

the relevant date is not a date before the date of publication of that notice.”.