Regulation 94 Interpretation for Part 12F1

In this Part—

• “appropriate date” means—

  1. (a)

     in relation to a transition review under regulation 97(2)(a), the day of replacement of EU trade duty;

  2. (b)

     in relation to a transition review under regulation 97(2)(b)—

     1. (i)

        the F2day after the day of publication of the notice under regulation 101C(2)(a); or

     2. (ii)

        the day of expiry if the relevant UK trade remedies measure continues to apply under regulation 97C(2);

• F3“circumvention” has the meaning given in regulation 73(2);

• “determination notice” means a notice published by the Secretary of State under regulation 96(1);

• “EU anti-dumping duty” means a definitive anti-dumping duty imposed by an EU instrument made under—

  1. (a)

     the EU anti-dumping regulation;

  2. (b)

     an earlier EU regulation under which an EU instrument imposing a definitive anti-dumping duty could have been made;

• “the EU anti-dumping regulation” means Regulation (EU) 2016/1036 of the European Parliament and of the Council of 8 June 2016 on protection against dumped imports from countries not members of the European Union;

• “EU countervailing duty” means a definitive countervailing duty imposed F4by an EU instrument made under—

  1. (a)

     the EU countervailing regulation; or

  2. (b)

     an earlier EU regulation under which an EU instrument imposing a definitive countervailing duty could have been made;

• “the EU countervailing regulation” means Regulation (EU) 2016/1037 of the European Parliament and of the Council of 8 June 2016 on protection against subsidised imports from countries not members of the European Union;

• “EU regulation” has the same meaning as in Article 288 of the Treaty on the Functioning of the European Union;

• “EU trade remedies measure” means an EU anti-dumping duty or an EU countervailing duty;

• “recommendation of revocation” means a recommendation made under regulation 100(1) in accordance with regulation 100B;

• “recommendation of variation” means a recommendation made under regulation 100(1) in accordance with regulation 100A;

• “replacement of EU trade duty” means the coming into force of paragraph 1 of Schedule 7 to the Act in so far as it relates to any EU anti-dumping duty or EU countervailing duty;

• “transition review” means a review under regulation 97(2)(a) or (b);

• “UK trade remedies measure” means an anti-dumping amount or a countervailing amount applied by public notice under regulation 96A(1).

For the purposes of this Part, “EU countervailing duty” includes a duty that would apply to goods were it not for acceptance by the European Commission of an undertaking in accordance with Article 13 of the EU countervailing regulation.