OpenLegislation

Regulation 36 Amendment of the Schedules

Original text. Later amendments are not shown.

(1)

The Schedules are amended as follows.

(2)

In Schedule 2—

(a)

in paragraph 4, for sub-paragraph (h) substitute—

“(h)

where the Secretary of State rejects the TRA’s recommendation—

(i)

and makes a decision under paragraph 15(3B) of Schedule 4 to the Act—

(aa)

that such notice is a public notice made under section 13 of the Act;

(bb)

the date the notice comes into effect;

(cc)

the reasons for the Secretary of State’s rejection and for requiring importers to give a guarantee other than in accordance with the recommendation;

(ii)

and does not make a decision under paragraph 15(3B) of Schedule 4 to the Act, the reasons for the Secretary of State’s rejection.”;

(b)

omit paragraph 5;

(c)

in paragraph 6, for sub-paragraph (f) substitute—

“(f)

where the Secretary of State rejects the TRA’s recommendation—

(i)

and makes a decision under paragraph 20A(2) of Schedule 4 to the Act—

(aa)

that such notice is a public notice made under section 13 of the Act;

(bb)

the reasons for the Secretary of State’s rejection and for applying a measure other than in accordance with the recommendation;

(cc)

a specified period for which the anti-dumping amount or countervailing amount is applicable;

(dd)

where applicable, the relevant date and the relevant period;

(ii)

and does not make a decision under paragraph 20A(2) of Schedule 4 to the Act—

(aa)

the reasons for the Secretary of State’s rejection;

(bb)

the date the notice comes into effect;”.

(3)

In Schedule 3—

(a)

in paragraph 1, at the end of the opening words, insert “as follows, except in the case of an early review, in which case only sub-paragraphs (a) to (g) and (j) to (m) apply”;

(b)

after paragraph 1, insert—

“Notice of expiry of anti-dumping amount or countervailing amount

1A

The information to be contained in a notice referred to in regulation 70(11G)(a) is—

(a)

a description of the goods to which the notice relates;

(b)

a summary of the review;

(c)

the TRA’s determination;

(d)

the reasons for the TRA’s determination;

(e)

that the notice is a public notice made under section 13 of the Act;

(f)

the date on which the anti-dumping amount or countervailing amount is treated as having expired.”;

(c)

in paragraph 3—

(i)

in the opening words, after “or (5)”, insert “or regulation 76A(5)(a)”;

(ii)

for sub-paragraph (f) substitute—

“(f)

where the Secretary of State rejects the TRA’s recommendation—

(i)

and makes a decision under regulation 76A(2)—

(aa)

that such notice is a public notice made under section 13 of the Act;

(bb)

the reasons for the Secretary of State’s rejection and for applying a measure other than in accordance with the recommendation, or revoking it;

(cc)

where applicable, the varied anti-dumping amount or countervailing amount;

(dd)

where applicable, a specified period during which the varied anti-dumping amount or countervailing amount is applicable;

(ee)

where applicable, details of any exemptions from the application of the anti-dumping amount or countervailing amount;

(ii)

and does not make a decision under paragraph 76A(2), the reasons for the Secretary of State’s rejection.”.

(4)

In Schedule 5—

(a)

in paragraph 1—

(i)

in the opening words, after “85(10)”, insert “, (11C)”;

(ii)

for sub-paragraph (f) substitute—

“(f)

where the Secretary of State rejects the TRA’s recommendation and makes a decision under regulation 85(11B)—

(i)

that such notice is a public notice made under section 13 of the Act;

(ii)

the reasons for suspending the measure other than in accordance with the recommendation;

(iii)

the period of suspension.”;

(b)

in paragraph 3—

(i)

in the opening words, after “87(8)”, insert “, (9D)”;

(ii)

for sub-paragraph (f) substitute—

“(f)

where the Secretary of State rejects the TRA’s recommendation and makes a decision under regulation 87(9B)—

(i)

that such notice is a public notice made under section 13 of the Act;

(ii)

the reasons for extending a period of suspension other than in accordance with the recommendation;

(iii)

the period of suspension.”.

(5)

In Schedule 5A—

(a)

in paragraph 2—

(i)

in the heading, at the end insert “to maintain the application of an anti-dumping amount or a countervailing amount”;

(ii)

in the opening words, omit “and 88G(5)”;

(b)

after paragraph 2, insert—

“Notice of the Secretary of State accepting or rejecting a recommendation by the TRA relating to an international dispute investigation

3

The information to be contained in a notice referred to in paragraph 22(4)(a) of Schedule 4 to the Act or regulation 88I(4) is—

(a)

the name of the exporting country or territory;

(b)

a description of the goods to which the notice relates;

(c)

a description of the anti-dumping amount or the countervailing amount to which the notice relates;

(d)

a summary of the investigation;

(e)

a summary of the international dispute decision;

(f)

the TRA’s determination made in the light of the international dispute decision;

(g)

the reasons for the TRA's recommendation;

(h)

where the Secretary of State accepts the TRA’s recommendation to vary the application of the anti-dumping amount or the countervailing amount—

(i)

that such notice is a public notice made under section 13 of the Act;

(ii)

a specified period during which the varied anti-dumping amount or countervailing amount is applicable;

(iii)

details of any exemptions from the application of the anti-dumping or countervailing amount;

(i)

where the Secretary of State accepts the TRA’s recommendation to revoke the application of the anti-dumping amount or the countervailing amount—

(i)

that such notice is a public notice made under section 13 of the Act;

(ii)

the date that the notice takes effect, which must be the day after the date of publication of the notice; and

(j)

where the Secretary of State rejects the TRA’s recommendation—

(i)

and makes a decision under regulation 88J(2)—

(aa)

that such notice is a public notice made under section 13 of the Act;

(bb)

the reasons for the Secretary of State’s rejection and for varying the application of a measure other than in accordance with the recommendation or revoking it;

(cc)

a specified period during which the varied anti-dumping amount or countervailing amount is applicable;

(dd)

details of any exemptions from the application of the anti-dumping or countervailing amount;

(ii)

and does not make a decision under paragraph 88J(2), the reasons for the Secretary of State’s rejection.”.

(6)

In Schedule 6, for paragraph 1(f) substitute—

“(f)

where the Secretary of State rejects the TRA’s recommendation—

(i)

and makes a decision under regulation 90A(2)—

(aa)

that such notice is a revised notice under paragraph 15(5)(b) of Schedule 4 to the Act;

(bb)

the revised period of the provisional remedy;

(cc)

the date the notice comes into effect;

(dd)

the reasons for extending the period of a provisional remedy other than in accordance with the extension recommendation;

(ii)

and does not make a decision under paragraph 90A(2), the reasons for the Secretary of State’s rejection.”.