OpenLegislation

Regulation 2 InterpretationI1

United Kingdom

In these Regulations—

  • “absorption review” has the meaning given by regulation 72 (absorption review);

  • “the Act” means the Taxation (Cross-border) Trade Act 2018;

  • “applicant UK industry” has the meaning given by paragraph 9(1)(a)(i) of Schedule 4 to the Act;

  • “application” means an application referred to in paragraph 9(1)(a) of Schedule 4 to the Act;

  • “circumvention review” has the meaning given by regulation 73 (circumvention review);

  • “comparable price” in relation to goods means the price of the goods, in the ordinary course of trade, destined for consumption in the exporting country or territory;

  • “contributor” means a person other than an interested party who has made themselves known to the TRA for the purpose of participating in an investigation or a review;

  • F1“early review” has the meaning given by regulation 68A;

  • “expiry review” has the meaning given by regulation 70 (expiry review);

  • “the export price” in relation to goods means the price determined by the TRA in accordance with regulation 15 (export price);

  • “exporting country or territory” has the meaning given by regulation 3 (exporting country or territory);

  • “facilitation visit” means a visit conducted by the TRA, other than a verification visit, for the purpose of facilitating the progress of an investigation;

  • “goods concerned” means the goods described in the relevant notice of initiation of a dumping investigation under regulation 65(1) or of a subsidisation investigation under regulation 65(2);

  • “goods identified” means the goods in relation to which the applicant UK industry is requesting the TRA to conduct an investigation;

  • “goods subject to review” means the goods described in the notice of initiation of a review under paragraph 1 of Schedule 3;

  • “interested party” means—

    1. (a)

      a government of the relevant foreign country or territory;

    2. (b)

      an overseas exporter or importer of the goods concerned or the goods subject to review;

    3. (c)

      a trade or business association of producers, overseas exporters or importers of the goods concerned or the goods subject to review;

    4. (d)

      a producer of the like goods in the United Kingdom; or

    5. (e)

      a trade or business association of UK producers of the like goods;

    6. (f)

      F2an overseas producer of the goods concerned or the goods subject to review;

  • “interim review” has the meaning given by regulation 69 (interim review);

  • “investigation” means a dumping investigation or a subsidisation investigation;

  • “minimal” means—

    1. (a)

      in the case of dumping, a dumping margin of less than 2 per cent. expressed as a percentage of the export price;

    2. (b)

      subject to paragraph (c), in the case of subsidisation, an amount of subsidy of less than 1 per cent. ad valorem; or

    3. (c)

      where the exporting country or territory is a developing foreign country or territory in sub-paragraph (b), for 1 per cent. substitute 2 per cent.;

  • “new exporter” has the meaning given by regulation 71 (new exporter review);

  • “new exporter review” has the meaning given by regulation 71 (new exporter review);

  • “non-confidential summary” has the meaning given by regulation 45(6)(a);

  • F3“overseas producer” means a person outside of the United Kingdom that produces goods;

  • “period of investigation” means a period of at least one year ending as close as possible to the date of the initiation of the investigation or such other period as the TRA considers appropriate;

  • prices are “depressed” or there is a “depressing” effect on prices where prices in the United Kingdom of the like goods are reduced;

  • prices are “suppressed” or there is a “suppressing” effect on prices where price increases in the United Kingdom of the like goods, which would otherwise have occurred, are prevented;

  • “price undercutting” means the price of the goods concerned or the goods subject to review is lower than the price of the like goods in the United Kingdom;

  • “review applicant” means a person who applies to the TRA for the initiation of a review;

  • “review application” means an application for a review made in accordance with Part 7 F4or 12 F5, but does not include a request by the Secretary of State under regulation 67(A1) that the TRA undertakes an early review;

  • “scope review” has the meaning given by regulation 74 (scope review);

  • “statement of essential facts” has the meaning given by regulation 62(1)(a);

  • “statement of reasons” has the meaning given by regulation 45(6)(b);

  • “subsidised imports” means goods that benefit from a countervailable subsidy that are imported into the United Kingdom;

  • “UK producer” has the meaning given by regulation 29 (disregarding a producer for the purpose of the definition of a UK industry);

  • “verification visit” means a visit conducted by the TRA to any premises the principal purpose of which is to verify information supplied to it in or with a completed questionnaire referred to in regulation 54 (registration of interest and the issuing of questionnaires);

  • “working day” means any day except a Saturday or Sunday, Christmas Day, Good Friday or a bank holiday under section 1 of the Banking and Financial Dealings Act 1971 M1.

Annotations

Textual amendments

F1

Words in reg. 2 inserted (23.5.2024) by The Trade Remedies (Amendment) Regulations 2024 (S.I. 2024/545), regs. 1(2), 4(a) (with reg. 2)

F2

Words in reg. 2 inserted (3.5.2022) by The Trade Remedies (Miscellaneous Amendments) Regulations 2022 (S.I. 2022/414), regs. 1, 3(2)(a)

F3

Words in reg. 2 inserted (3.5.2022) by The Trade Remedies (Miscellaneous Amendments) Regulations 2022 (S.I. 2022/414), regs. 1, 3(2)(b)

F4

Words in reg. 2 inserted (3.5.2022) by The Trade Remedies (Miscellaneous Amendments) Regulations 2022 (S.I. 2022/414), regs. 1, 3(2)(c)

F5

Words in reg. 2 inserted (23.5.2024) by The Trade Remedies (Amendment) Regulations 2024 (S.I. 2024/545), regs. 1(2), 4(b) (with reg. 2)

Marginal citations

M1

1971 c.80.

Commencement

I1

Reg. 2 in force at 6.3.2019, see reg. 1(2)