Regulation 100 Recommendation following transition reviewF1

(1)

The TRA must make a recommendation to the Secretary of State following a transition review to vary or revoke the application of the anti-dumping amount or the countervailing amount to the relevant goods.

(F21A)

Where the TRA makes a recommendation to vary under paragraph (1) and considers that there are two or more options which it could recommend, it may give the Secretary of State each of those options as part of its recommendation.

(1B)

The TRA must consider whether it could give the Secretary of State two or more options as part of its recommendation to vary under paragraph (1)—

(a)

where the TRA considers that applying an anti-dumping amount or a countervailing amount in accordance with its proposed recommendation would not meet the economic interest test;

(b)

where the TRA otherwise considers that it is appropriate.

(1C)

Where, after considering whether it could give the Secretary of State two or more options as part of its recommendation to vary in accordance with paragraph (1), the TRA considers that there is only one option which it could reasonably recommend under paragraph (1), it must give the Secretary of State its reasons for reaching that conclusion.

(1D)

Where the TRA gives the Secretary of State options, it must—

(a)

give the Secretary of State its reasons for including each option; and

(b)

inform the Secretary of State which option it prefers and why.

(1E)

Where the TRA makes a recommendation to vary under paragraph (1), it must advise the Secretary of State whether and why it considers that the variation of an anti-dumping amount or a countervailing amount (as the case may be) in accordance with its recommendation, or in accordance with each option, as the case may be, would meet the economic interest test.

(2)

A recommendation under paragraph (1) must—

(a)

be made in accordance with—

(i)

regulation 100A, if the recommendation is variation;

(ii)

regulation 100B, if the recommendation is revocation;

(b)

include—

(i)

a description of the goods to which the recommendation relates;

(ii)

the names of overseas exporters or, where impracticable, the exporting countries or territories;

(iii)

a summary of the review;

(iv)

the reasons for the recommendation.

F3(3)

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Annotations

Textual amendments

F1: Pt. 12 substituted (23.7.2019) by The Trade Remedies (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/1076), regs. 1, 10
F2: Reg. 100(1A)-(1E) inserted (23.5.2024) by The Trade Remedies (Amendment) Regulations 2024 (S.I. 2024/545), regs. 1(2), 31(a) (with reg. 2)
F3: Reg. 100(3) omitted (23.5.2024) by virtue of The Trade Remedies (Amendment) Regulations 2024 (S.I. 2024/545), regs. 1(2), 31(b) (with reg. 2)