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The Trade Remedies (Amendment) Regulations 2024

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In force since 2024-05-23, as the publisher states.

Copy read on 2026-11-10. The page it was read from

Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

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Contents: 48 provisions
  1. Title and introductory text
  2. 1 Citation, commencement, extent and interpretation
  3. 2 Application
  4. 3 Amendment of the Dumping and Subsidisation Regulations
  5. 4 Amendment of regulation 2 (interpretation)
  6. 5 Amendment of regulation 54 (registration of interest and the issuing of questionnaires)
  7. 6 Insertion of regulation 61A
  8. 7 Amendment of regulation 65 (content of notices)
  9. 8 Amendment of regulation 67 (initiation of a review)
  10. 9 Amendment of regulation 68 (the conduct of a review)
  11. 10 Insertion of regulation 68A
  12. 11 Amendment of regulation 69 (interim review)
  13. 12 Amendment of regulation 70 (expiry review)
  14. 13 Amendment of regulation 71 (new exporter review)
  15. 14 Amendment of regulation 72 (absorption review)
  16. 15 Amendment of regulation 73 (circumvention review)
  17. 16 Amendment of regulation 74 (scope review)
  18. 17 Amendment of regulation 75 (TRA recommendation to the Secretary of State)
  19. 18 Amendment of regulation 76 (acceptance or rejection of the TRA’s recommendation by the Secretary of State)
  20. 19 Insertion of regulations 76A and 76B
  21. 20 Amendment of regulation 85 (suspension of an anti-dumping amount or a countervailing amount)
  22. 21 Amendment of regulation 86 (application for suspension)
  23. 22 Amendment of regulation 87 (period of suspension)
  24. 23 Insertion of regulation 88ZA
  25. 24 Amendment of regulation 88B (suspension of an anti-dumping amount or a countervailing amount)
  26. 25 Amendment of regulation 88F (determination to maintain)
  27. 26 Amendment of regulation 88G (determination to vary)
  28. 27 Amendment of regulation 88I (acceptance or rejection of a recommendation)
  29. 28 Insertion of regulations 88J and 88K
  30. 29 Amendment of regulation 90 (extension of the period of a provisional remedy in a dumping investigation)
  31. 30 Insertion of regulation 90A
  32. 31 Amendment of regulation 100 (recommendation following transition review)
  33. 32 Amendment of regulation 100A (recommendation of variation)
  34. 33 Amendment of regulation 101 (decision on recommendation following transition review)
  35. 34 Amendment of regulation 101A (rejection of recommendation)
  36. 35 Insertion of regulations 101D and 101E
  37. 36 Amendment of the Schedules
  38. 37 Amendment of the Trade Remedies (Increase in Imports Causing Serious Injury to UK Producers) (EU Exit) Regulations 2019
  39. 38 Amendment of the Trade Remedies (Reconsideration and Appeals) (EU Exit) Regulations 2019
  40. 39 Amendment of regulation 2 (interpretation)
  41. 40 Amendment of regulation 13 (reconsideration by the TRA)
  42. 41 Amendment of regulation 14 (outcome of reconsideration)
  43. 42 Amendment of regulation 15 (the effect of an original decision, withdrawal and termination of a reconsideration)
  44. 43 Amendment of regulation 16 (appeals to the Upper Tribunal in relation to a decision made by the TRA)
  45. 44 Amendment of regulation 17 (appeals to the Upper Tribunal in relation to a determination made by the Secretary of State
  46. 45 Amendment of regulation 18 (conduct and outcome of appeal)
  47. 46 Amendment of Schedule 1 (original decisions and appealable decisions of the TRA)
  48. 47 Amendment of Schedule 2 (determinations of the Secretary of State that are subject to appeal)

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48 provisions

40 Amendment of regulation 13 (reconsideration by the TRA)

In regulation 13, after paragraph (7), insert— (7A) In reconsidering an original decision, where paragraph (7B) applies, the TRA must take into account any notice published or public notice issued following the early review referred to in paragraph (7B). (7B) This paragraph applies where the TRA— (a) receives a request from the Secretary of State under regulation 67 of the Dumping and Subsidisation Regulations or regulation 33A of the Safeguards Regulations to undertake an early review of an original decision to which the reconsideration under this Chapter relates; and (b) a public notice is issued following the early review referred to in sub-paragraph (a) before the outcome of the reconsideration under this Chapter. (7C) Where the TRA is reconsidering an original decision that included two or more options as part of the TRA’s recommendation to the Secretary of State, the TRA is not required to reconsider any option not selected by the Secretary of State. .

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41 Amendment of regulation 14 (outcome of reconsideration)

In regulation 14— (a) after paragraph (5A), insert— (5B) Except where paragraph (5A) applies, the TRA must notify the Secretary of State of its intention to uphold the original decision at least two working days before taking the steps in paragraph (5). ; (b) in paragraph (6)(a), after “Secretary of State”, insert “at least two working days before publishing a notice under sub-paragraph (b)”; (c) in paragraph (9)(b), at the end, insert “in accordance with paragraph (9A)”; (d) after paragraph (9), insert— (9A) Save as provided in paragraph (9B), the Secretary of State has the same powers and duties, subject to the same conditions, in accepting or rejecting the reconsidered decision, including where applicable— (a) where the Secretary of State accepts a recommendation which contains options, the duty to decide which of those options to adopt; (b) the power to apply an alternative remedy; (c) the power to request assistance from the TRA; and (d) the power to decide that the date from which any revocation or variation has effect is a date before the date of the decision by the Secretary of State, as the Secretary of State had in respect of the original decision, or would have had, were the original decision a recommendation. (9B) The Secretary of State may not request that the TRA reassess its reconsidered decision. (e) in paragraph (11), after “paragraph (9)(b)” insert “and does not make a decision to apply an alternative remedy in accordance with paragraph (9A)(b)”; (f) after paragraph (11), insert— (11A) Where the Secretary of State rejects a reconsidered decision under paragraph 9(b) and makes a decision to apply an alternative remedy in accordance with paragraph (9A)(b), the Secretary of State must— (a) publish a notice of the TRA’s reconsidered decision and the Secretary of State’s decision made in accordance with paragraph (9A)(b); (b) lay a statement before the House of Commons setting out the reasons for rejecting the TRA’s reconsidered decision and making the Secretary of State’s decision; and (c) by public notice make provision giving effect to the Secretary of State’s decision. ; (g) in paragraph 13, in the opening words, after “(10)(b)”, insert “, (11A)”.

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42 Amendment of regulation 15 (the effect of an original decision, withdrawal and termination of a reconsideration)

In regulation 15(3)(b), after “(11)”, insert “, (11A)”.

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43 Amendment of regulation 16 (appeals to the Upper Tribunal in relation to a decision made by the TRA)

In regulation 16, in paragraph (1A), after “listed in Part”, insert “4A,”.

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44 Amendment of regulation 17 (appeals to the Upper Tribunal in relation to a determination made by the Secretary of State

In regulation 17— (a) in the heading, after “determination” insert “or decision”; (b) in paragraph (2), after— (i) “determinations”, in each place it occurs, insert “and decisions”; (ii) “determination” in sub-paragraph (d), insert “and a decision”.

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45 Amendment of regulation 18 (conduct and outcome of appeal)

In regulation 18(1), after “in relation to a determination”, insert “or decision”.

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46 Amendment of Schedule 1 (original decisions and appealable decisions of the TRA)

In Schedule 1— (a) omit paragraph 5; (b) in paragraph 20, after “regulation 75(1)”, insert “(other than a recommendation in relation to an early review)”; (c) in paragraph 27A, omit “or 88H(4)”; (d) in paragraph 27B, for “88G(2)” substitute “88G(1)”; (e) in paragraph 35, after “following a review”, insert “(other than a recommendation in relation to an early review)”; (f) in paragraph 38A, omit “or 42G(3)”; (g) in paragraph 38B, for “42G(2)” substitute “42G(1)”; (h) after Part 4 and before Part 5, insert— Part 4A Determinations or recommendations under the Dumping and Subsidisation Regulations or the Safeguards Regulations: appealable decisions 40A A determination under regulation 68A(5)(a) of the Dumping and Subsidisation Regulations following an early review. 40B A determination under regulation 33A(7)(a) of the Safeguards Regulations following an early review. 40C A recommendation under regulation 75(1) of the Dumping and Subsidisation Regulations following an early review. 40D A recommendation under regulation 37(1) of the Safeguards Regulations following an early review. .

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47 Amendment of Schedule 2 (determinations of the Secretary of State that are subject to appeal)

In Schedule 2— (a) in the title, and in the headings to Parts 1 to 4, in each case, after “determinations” insert “and decisions”; (b) after paragraph 1, insert— 1A The decision by the Secretary of State under paragraph 20A(2) of Schedule 4 to apply an anti-dumping amount or a countervailing amount other than in accordance with the TRA’s recommendation. 1B The decision under paragraph 22A(1) of Schedule 4 to revoke the application of an anti-dumping amount or a countervailing amount. ; (c) after paragraph 2, insert— 2ZA The decision by the Secretary of State under paragraph 19(2C) of Schedule 5 that— (a) a definitive safeguarding amount should be applied other than in accordance with the TRA’s recommendation, or (b) all the relevant goods, or specified relevant goods, should be subject to a tariff rate quota. 2ZB The decision by the Secretary of State under paragraph 20(2C) of Schedule 5 that— (a) all the relevant goods, or specified relevant goods, should be subject to a tariff rate quota, other than in accordance with the TRA’s recommendation, or (b) a definitive safeguarding amount should be applied for a specified period to all the relevant goods, or to specified relevant goods. 2ZC The decision under paragraph 22A(1) of Schedule 5 to revoke the application of a definitive safeguarding amount or the continuation of a tariff rate quota. ; (d) after paragraph 3, insert— 3A The decision under regulation 76A(2) to vary the application of the anti-dumping amount or countervailing amount, or to extend the period of application of that amount, other than in accordance with the TRA’s recommendation, or to revoke it. ; (e) after paragraph 4, insert— 4A The decision under regulation 85(11B) to vary the period of suspension specified by the TRA. ; (f) after paragraph 5, insert— 5A The decision under regulation 87(9B) to vary the extended period of suspension. ; (g) after paragraph 6A, insert— 6B The decision under regulation 88J(2) to vary an anti-dumping amount or countervailing amount other than in accordance with the recommendation of the TRA, or to revoke it. ; (h) after paragraph 7, insert— 7AA The decision under regulation 101D(2) to vary an anti-dumping amount or countervailing amount other than in accordance with the TRA’s recommendation, or to revoke it. ; (i) after paragraph 8, insert— 8A The decision under regulation 38(2C) to vary or replace the application of a definitive safeguarding remedy other than in accordance with the TRA’s recommendation, or to revoke it. ; (j) after paragraph 9, insert— 9A The decision under regulation 39(10B) to vary the period of suspension specified by the TRA. ; (k) after paragraph 10, insert— 10A The decision under regulation 41(8B) to vary the extended period of suspension. ; (l) after paragraph 11A, insert— 11B The decision under regulation 42I(3C) to vary the application of a definitive safeguarding remedy other than in accordance with the TRA’s recommendation, or to revoke it. ; (m) after paragraph 13, insert— 13A A decision to apply an alternative remedy in accordance with regulation 14(9A)(b). .

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