OpenLegislation

Regulation 96E UK trade remedies measure exemption reviewF1F2

(1)

The TRA may conduct a review (a “UK trade remedies measure exemption review”) to consider whether goods imported by a review applicant should be exempted from the application of a UK trade remedies measure.

(2)

The TRA must initiate a UK trade remedies measure exemption review—

(a)

where a review application is made by or on behalf of an importer or overseas exporter; and

(b)

the TRA is satisfied that the review application contains sufficient information to substantiate the need for a review in accordance with paragraph (4) or (5).

(3)

Parts 2, 3, 4 and 6 apply to a UK trade remedies measure exemption review to the extent that the TRA considers relevant.

(4)

Where the review applicant is an overseas exporter, a review application must include evidence that the overseas exporter is not engaged in circumvention of the UK trade remedies measure.

(5)

Where the review applicant is an importer, the application must include evidence that—

(a)

the importer is not related to an overseas exporter which is subject to the UK trade remedies measure; and

(b)

the importer is not engaged in circumvention of the UK trade remedies measure.

(6)

The TRA may determine to reject a review application, in particular where it has conducted a previous review into an application made by the relevant review applicant in respect of the relevant UK trade remedies measure and there is no change of circumstances.

(7)

Where the TRA rejects a review application, the TRA must notify the review applicant.

(8)

Where the TRA initiates a UK trade remedies measure exemption review, the TRA must—

(a)

publish a notice of its decision to initiate a review; and

(b)

recommend that the Secretary of State suspends, by a public notice, the application of the UK trade remedies measure to the review applicant’s goods pending the outcome of the UK trade remedies measure exemption review.

(9)

A notice under paragraph (8)(a) must—

(a)

specify the relevant UK trade remedies measure; and

(b)

contain the information set out in paragraph 1(d), (f), (g) and (k) and (l) of Schedule 3.

(10)

The TRA may satisfy a requirement of paragraph (9) by reference to a document on an Internet site that is available to the public and free of charge.

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

Chapter 3A inserted (3.5.2022) by virtue of The Trade Remedies (Miscellaneous Amendments) Regulations 2022 (S.I. 2022/414), regs. 1, 3(4)