Explanatory note

These Regulations amend Part 12 of the Trade Remedies (Dumping and Subsidisation) (EU Exit) Regulations 2019 (S.I. 2019/450 as amended) (“the Dumping and Subsidisation Regulations”). The Dumping and Subsidisation Regulations implement part of the United Kingdom trade remedies system.

Regulation 3 amends regulation 96D of the Dumping and Subsidisation Regulations. The amendments give the Secretary of State the retrospective power to provide that a transitioned EU exemption takes effect from 11pm on 31st December 2020 or a later date, and to provide that the person whose goods are exempted from the application of the UK trade remedies measure is entitled to a repayment.

Regulations 4 to 7 amend regulations 96G and 96H of the Dumping and Subsidisation Regulations in relation to UK trade remedies exemption reviews and make consequential amendments. At the end of a trade remedies measure exemption review, the Secretary of State has the power to reinstate a suspended trade remedies measure from the date that a person applied for a trade remedies exemption review. The review applicant will be liable to pay the amount of duty that they would have been liable to pay during the period of the suspension, had the suspension not been in place. Where the Secretary of State grants an exemption and the application of a measure was not suspended during the trade remedies exemption review and any appeal, the Secretary of State has the power to give effect to the exemption from the date that a person applied for a trade remedies exemption review. The review applicant will be entitled to a repayment of the amount paid in relation to the exempted goods. These amendments apply to applications made after these Regulations come into force.

Any public notice referred to in these Regulations will be available to view online athttps://www.gov.uk/government/collections/trade-remedies-notices and in hard copy at the Department for Business and Trade, Old Admiralty Building, Admiralty Place, London, SW1A 2DY.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.

A copy of the Explanatory Memorandum is published alongside this instrument athttp://www.legislation.gov.uk/. Hard copies of the Explanatory Memorandum are available at the Stationary Office.