Regulation 75 TRA recommendation to the Secretary of StateI1
United Kingdom
Following the conclusion of a review, the TRA must make a recommendation to the Secretary of State, where it is satisfied that F1...—
the application of an anti-dumping amount or a countervailing amount to some or all of the goods subject to review should be varied;
the application of an anti-dumping amount or a countervailing amount to some or all of the goods subject to review should be revoked;
the period of the application of an anti-dumping amount or a countervailing amount should be extended; or
an anti-dumping amount or a countervailing amount should be applied to a new exporter at a particular level.
The TRA's recommendation must include—
a description of the goods to which the recommendation relates;
the names of overseas exporters, or where impracticable, the exporting countries or territories;
where relevant, the recommended period for which the anti-dumping amount or countervailing amount should be applicable, which must begin on the day after the date of publication of the public notice under section 13 of the Act giving effect to the recommendation, unless the TRA makes a recommendation in accordance with paragraph (3); and
the reasons for its recommendation.
Where, in relation to an early review, an interim review or an expiry review, the TRA considers that there are two or more options which it could recommend under paragraph (1), it may give the Secretary of State each of those options as part of its recommendation.
The TRA must consider whether it could give the Secretary of State two or more options as part of its recommendation under paragraph (1)—
in the case of an interim review or an expiry review, 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; or
where the TRA otherwise considers that it is appropriate.
Where, after considering whether it could give the Secretary of State two or more options as part of its recommendation in accordance with paragraph (2A), 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.
Where the TRA gives the Secretary of State options, it must—
give the Secretary of State its reasons for including each option; and
inform the Secretary of State which option it prefers and why.
Where, in the case of an interim review or an expiry review, the TRA makes a recommendation under paragraph (1) to extend the application of an anti-dumping amount or a countervailing amount, it must advise the Secretary of State whether and why it considers that the extension of the application of that amount in accordance with its recommendation, or in accordance with each option, as the case may be, would meet the economic interest test.
The TRA may recommend that the application of a varied anti-dumping amount or countervailing amount should be applicable to goods from a date before the date set out in the public notice made under section 13 of the Act giving effect to the recommendation where—
the recommendation is in respect of a review in accordance with regulation 73 (circumvention review); and
the requirements set out in paragraph 21(10) of Schedule 4 to the Act are satisfied.
Where the TRA terminates a review but does not make a recommendation in accordance with paragraph (1), the TRA must—
publish a notice containing the information set out in paragraph 2 of Schedule 3; and
notify the Secretary of State and interested parties.
Annotations
Textual amendments
- F1
Words in reg. 75(1) omitted (23.5.2024) by virtue of The Trade Remedies (Amendment) Regulations 2024 (S.I. 2024/545), regs. 1(2), 17(a) (with reg. 2)
- F2
Reg. 75(2A)-(2E) inserted (23.5.2024) by The Trade Remedies (Amendment) Regulations 2024 (S.I. 2024/545), regs. 1(2), 17(b) (with reg. 2)
Commencement
- I1
Reg. 75 in force at 6.3.2019, see reg. 1(2)