G/ADP/N/1/GBR/1/Suppl.4  
G/SCM/N/1/GBR/1/Suppl.4  
G/SG/N/1/GBR/1/Suppl.4  
6 February  2020 
(20-0934) Page: 1/18 
Committee on Anti -Dumping Practices  
Committee on Subsidies and Countervailing Measures  
Committee on Safeguards  Original:  English  
 
  
NOTIFICATION OF LAWS AND REGULATIONS UNDER  
ARTICLES  18.5, 32.6 AND 12.6 OF THE AGREEMENTS  
UNITED KINGDOM  
Supplement  
The following notification, dated 5 February 2020 , is being circulated at the request of the delegation 
of the United Kingdom . 
 
_______________  
APPEALS REGULATIONS  
STATUTORY INSTRUMENTS  
2019 No. 910  
EXITING THE EUROPEAN UNION  
CUSTOMS  
THE TRADE REMEDIES (RECONSIDERATION AND APPEALS)  
(EU EXIT) REGULATIONS 2019  
Made  - - - - 8th May 2019  
Laid before the House of Commons  - - - - 13th May 2019  
Coming into force  - - - - 3rd June 2019 
The Secretary of State makes the following Regulations in exercise of the powers conferred by 
sections 13, 32(7) and (8), 51 and 56 of the Taxation (Cross -border) Trade Act 2018( 1), and by 
paragraphs 30 and 31 of Schedule 4, and paragraphs 29 and 30 of Schedule 5, to that Act.  
PART 1 INTRODUCTORY  
Citation, commencement an d effect  
 1.—(1) These Regulations may be cited as the Trade Remedies (Reconsideration and Appeals) 
(EU Exit) Regulations 2019 and come into force on 3rd June 2019.  G/ADP/N/1/GBR/1/Suppl.4 • G/SCM/N/1/GBR/1/Suppl.4 • G/SG/N/1/GBR/1/Suppl.4  
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   (2) These Regulations (with the exception of this regulation) have effect subject to the 
modifications in Part 4 until the TRA is established.  
 (3) Following the establishment of the TRA, any determination or reconsidered decision made 
by the Secretary of State under Parts 2 and 3 of these Regulations as modified by Part 4, has effect 
as thou gh it were a determination or reconsidered decision made by the TRA under the corresponding 
unmodified provision.  
 (4) Following the establishment of the TRA, anything done (or having effect as if done) by the 
Secretary of State in pursuance of a transiti onal function has effect as if done by the TRA, so far as 
that is required for continuing its effect.  
 (5) Following the establishment of the TRA, anything done (or having effect as if done) in 
relation to the Secretary of State in connection with a trans itional function has effect as if done in 
relation to the TRA, so far as that is required for continuing its effect.  
 (6) If, on the establishment of the TRA, anything is in the process of being done by or in 
relation to the Secretary of State in connecti on with a transitional function, it may, following the 
establishment of the TRA, be continued by or in relation to the TRA.  
 (7) Paragraph (8) applies where —  
(a) the TRA is established after the Secretary of State has made an original decision; and  
(b) w hether before or after the establishment of the TRA, an application for reconsideration of that 
decision is made to the Secretary of State.  
 (8) Where this paragraph applies, an application for reconsideration referred to in 
paragraph  (7) is, after the est ablishment of the TRA, to be treated for all purposes as if it were made 
to the TRA.  
 (9) In this regulation, a "transitional function " is a function which —  
(a) is conferred on the Secretary of State by Part 4 of these Regulations;  
(b) corresponds to a f unction that will, following the establishment of the TRA, be exercisable by the 
TRA under Parts 1 to 3 of these Regulations; and  
(c) following the establishment of the TRA, will not be exercisable by the Secretary of State.  
Interpretation  
 2.—(1) In these Regulations —  
"the Act " means the Taxation (Cross -border Trade) Act 2018;  
"application for reconsideration " means an application for reconsideration of an original decision (see 
chapter 2 of Part 2 of these Regulations);  
"the Dumping and Sub sidisation Regulations " means the Trade Remedies (Dumping and 
Subsidisation) (EU Exit) Regulations 2019( 1);  
"importer " of goods means a person liable to pay import duty in respect of the goods;  
"interested party " has the meaning given by —  
(a) regulation 2 of the Dumping and Subsidisation Regulations in relation to an investigation or a 
review conducted under those Regulations;  
(b) regulation 2 of the Safeguards Regulations in relation to an investigation or a review conducted 
under those Regul ations;  G/ADP/N/1/GBR/1/Suppl.4 • G/SCM/N/1/GBR/1/Suppl.4 • G/SG/N/1/GBR/1/Suppl.4  
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  "original decision " has the meaning given by regulation  9(1);  
"overseas exporter " has the meaning given by —  
(a) paragraph 32(1) of Schedule 4 in relation to an investigation or a review conducted under the 
Dumping and Subsidisation Regulations;  
(b) regulation 2 of the Safeguards Regulations in relation to an investigation or a review conducted 
under those Regulatio ns;  
"reconsidered decision " has the meaning given by regulation  14(2) ;  
"the Safeguards Regulations " means the Trade Remedies (Increase in Imports Causing Serious 
Injury to UK Producers) (EU Exit) Regulations 2019( 2);  
"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( 3).  
 (2) Except as otherwise stated, a reference in these Regulations to a Schedule is a reference 
to a Schedule to the Act.  
PART 2 GENERAL PROVI SIONS AND RE CONSIDERATION BY THE  TRA 
CHAPTER 1 GENERAL PR OVISIONS  
Deemed Service  
 3.  Any document submitted to the TRA is deemed to have been submitted to the TRA on the 
earlier of —  
(a) the first working day after the day on which the document is received by the TRA; or  
(b) the day on which the TRA issues an acknowledgement of receipt.  
Public file  
 4.  The TRA must, in respect of every reconsideration, establish and maintain a file wh ich is 
open to the public (a "public file ") containing information, other than confidential information, which 
the TRA considers material to the reconsideration.  
Confidential information  
 5.—(1) Paragraph (3) applies where a person —  
(a) supplies information to the TRA in connection with the exercise by the TRA of any of its functions 
under these Regulations;  
(b) either — 
 (i) requests the TRA to treat that information as confidential on the grounds that that 
information is by its natur e confidential; or  
 (ii) supplies that information to the TRA on a confidential basis;  
(c) demonstrates to the TRA good cause as to why the TRA must treat such information as 
confidential; and  
(d) submits to the TRA — G/ADP/N/1/GBR/1/Suppl.4 • G/SCM/N/1/GBR/1/Suppl.4 • G/SG/N/1/GBR/1/Suppl.4  
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   (i) a non -confidential summary (see pa ragraph  (6)(a) ) of that information; or  
 (ii) in exceptional circumstances, a statement of reasons (see paragraph  (6)(b) ). 
 (2) For the purpose of paragraph (1)(b)(i), information that is by its nature confidential 
includes information which, if disclosed,  would —  
(a) be of significant competitive advantage to a competitor of the person supplying the information; 
or 
(b) have a significant adverse effect on — 
 (i) the person supplying the information; or  
 (ii) any person from whom the person supplying the inf ormation had acquired it.  
 (3) Where this paragraph applies, the TRA must treat such information as confidential.  
 (4) The TRA may treat information as confidential where it is supplied to it otherwise than in 
accordance with paragraph (1) and, where it d oes so, it must —  
(a) inform the person supplying the information that it intends to treat that information as 
confidential; and  
(b) request that that person submits a non -confidential summary of that information.  
 (5) The Secretary of State must treat as confidential the information supplied by the TRA 
under regulation  6(2) which the TRA identifies as information that it is treating as confidential under 
this regulation.  
 (6) In this regulation —  
(a) a "non-confidential summary " in relation to information means a sufficiently detailed summary 
for the public file referred to in regulation  4 (public file) which would enable a person other than the 
TRA to have a reasonable understanding of — 
 (i) the substance of the information to w hich it relates; and  
 (ii) its potential relevance to the exercise of any function by the TRA under these Regulations;  
(b) a "statement of reasons " means a statement setting out the reasons of a person supplying 
information to the TRA as to why the TRA sho uld treat that information as confidential and why 
summarisation of that information in accordance with this regulation is not possible.  
Permitted disclosure  
 6.—(1) The TRA or the Secretary of State may disclose information which the TRA or the 
Secretary of State treats as confidential where such disclosure is —  
(a) made with the consent of the person supplying the information;  
(b) made for the purpose of court or tribunal proceedings in the United Kingdom relating to the 
exercise by the TRA or the Secretary of State of any functions under the Act or these Regulations;  
(c) made for the purpose of an international dispute relating  to the exercise by the TRA or the 
Secretary of State of any functions under the Act or these Regulations; or  
(d) required or permitted by any other enactment or rule of law.  G/ADP/N/1/GBR/1/Suppl.4 • G/SCM/N/1/GBR/1/Suppl.4 • G/SG/N/1/GBR/1/Suppl.4  
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   (2) The TRA may disclose to the Secretary of State information that it is treati ng as confidential 
for the purpose of the Secretary of State exercising functions under the Act or these Regulations.  
 (3) Where the TRA or the Secretary of State has a discretion to make a disclosure under 
paragraph (1)(b), (c) or (d), the TRA or the Sec retary of State must consider whether such disclosure 
is likely to allow, or result in, such information being made available to a competitor of —  
(a) the person supplying that information; or  
(b) the person to which the information relates.  
 (4) In paragr aph (1)(d), reference to an enactment includes an enactment comprised in, or 
in an instrument made under, an Act of the Scottish Parliament.  
The use of information and facts available to the TRA from secondary sources  
 7.—(1) This regulation applies in re spect of the exercise by the TRA of functions under these 
Regulations.  
 (2) The TRA must have regard to information referred to in regulation  13(7)(a)  to (c), 
provided that the information —  
(a) is verifiable;  
(b) has been appropriately submitted such that the TRA may use the information without undue 
difficulty;  
(c) has been supplied to it within any applicable time limit; and  
(d) where relevant, has been supplied to it in a form that it has requested.  
 (3) The TRA may disregard information which it treats as confidential (which it would 
otherwise have had regard to) where the person supplying that information has not supplied a non -
confidential summary or a statement of reasons in accordance with regulation  5 (confidential 
information), unless it is satisfied from appropriate sources that such information is correct.  
 (4) The TRA may make a determination on the basis of information obtained from secondary 
sources, including information supplied by a person othe r than the applicant for reconsideration, 
provided that it —  
(a) does so with special circumspection; and  
(b) where practicable, verifies such information from independent sources, including but not limited 
to published price lists, official import statist ics or customs returns and data pertaining to the 
relevant markets.  
Non-cooperation  
 8.—(1) Where the TRA determines that a person has failed to cooperate with it during the 
course of its reconsideration or has otherwise significantly impeded the progress of its 
reconsideration (a “non -cooperative person”), it may disregard the information supplied by that 
person.  
 (2) For the purpose of paragraph (1), the TRA must not determine that a person is a non -
cooperative person where it —  
(a) determines that that person has acted to the best of their ability to cooperate with the TRA 
during the course of its reconsideration; or  
(b) has accepted that compliance with any request for information to be supplied in a particular form 
would be unreasonably burdensome to t hat person.  G/ADP/N/1/GBR/1/Suppl.4 • G/SCM/N/1/GBR/1/Suppl.4 • G/SG/N/1/GBR/1/Suppl.4  
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  CHAPTER 2 RECONSIDER ATION BY THE TRA  
Applicant for reconsideration  
 9.—(1) An "original decision " for the purposes of these Regulations means a determination or 
recommendation made by the TRA which is made under —  
(a) Schedule 4 and listed in Part 1 of Schedule 1 to these Regulations;  
(b) Schedule 5 and listed in Part 2 of Schedule 1 to these Regulati ons; 
(c) the Dumping and Subsidisation Regulations and listed in Part 3 of Schedule 1 to these 
Regulations;  
(d) the Safeguards Regulations and listed in Part 4 of Schedule 1 to these Regulations.  
 (2) A person who has made an application leading to a deter mination referred to in 
paragraph  1 or 6 of Schedule 1 to these Regulations may apply to the TRA for reconsideration of 
that original decision.   
 (3) An interested party who has made an application leading to a determination referred to in 
paragraph  11, 22, or 33 of Schedule 1 to these Regulations may apply to the TRA for reconsideration 
of that original decision.  
 (4) An overseas exporter or a relevant foreign government, who has offered an undertaking 
referred to in paragraph 23(2) of Sch edule 4, may apply to the TRA for reconsideration of an original 
decision referred to in paragraph  21 of Schedule 1 to these Regulations.  
 (5) An importer who has made an application for a repayment investigation (see regulation  89 
of the Dumping and Subs idisation Regulations) may apply to the TRA for reconsideration of an 
original decision referred to in paragraph  28 of Schedule 1 to these Regulations.  
 (6) An interested party may apply to the TRA for reconsideration of any original decision not 
referred  to in paragraphs  (2) to (5).  
Application for reconsideration  
 10.—(1) Subject to the following paragraphs of this regulation and to regulation  11 (the TRA’s 
acceptance or rejection of an application for reconsideration), where an application under 
regula tion 9 (applicant for reconsideration) is made for the reconsideration of an original decision, 
the TRA must accept that application.  
 (2) Where an application is made for the reconsideration of an original decision that was 
published in a notice, the TRA  must reject the application unless it receives the application within 
one month beginning on the day after the notice is published, or (if later), within one month 
beginning on the day after the notice comes into effect.  
 (3) Where an application is made  for the reconsideration of an original decision that was not 
published in a notice, the TRA must reject the application unless it receives the application within 
one month beginning on the day after the TRA notifies the applicant of that decision.  
 (4) Paragraphs  (2) and (3) are subject to regulation  11 (the TRA’s acceptance or rejection of 
an application for reconsideration).  
 (5) An application for reconsideration must include —  
(a) the applicant’s grounds for the application;  
(b) details of the applicant’s eligibility to apply for reconsideration under regulation  9 (applicant for 
reconsideration); and  G/ADP/N/1/GBR/1/Suppl.4 • G/SCM/N/1/GBR/1/Suppl.4 • G/SG/N/1/GBR/1/Suppl.4  
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  (c) the outcome sought.  
The TRA’s acceptance or rejectio n of an application for reconsideration  
 11.—(1) Where an applicant applies for reconsideration of an original decision outside of the 
period stipulated in regulation  10(2)  or (3) (a "late application "), the TRA must reject the application 
unless —  
(a) the  applicant provides reasons for the late application; and  
(b) the TRA is satisfied that it is appropriate to accept the application.  
 (2) In deciding whether it is appropriate to accept such an application, the TRA must have 
regard to —  
(a) the extent of the delay; and  
(b) the reasons for the delay.  
 (3) Where the TRA rejects a late application, it must notify the applicant of its decision.  
 (4) Where an application for reconsideration of an original decision does not comply with 
regulation  10(5) (a "non-conforming application "), the TRA may accept the application.  
 (5) Where the TRA rejects a non -conforming application, it must notify the applicant of its 
decision.  
 (6) Where the TRA determines that an applicant is not eligible to apply for re consideration 
under regulation  9 (applicant for reconsideration), the TRA must —  
(a) reject the application; and  
(b) notify the applicant of its decision.  
 (7) Where the TRA has accepted more than one application for reconsideration of the same 
original de cision, the TRA may make a single reconsidered decision.  
 (8) The TRA may reject an application if it is not made via the TRA’s case management system.  
Initiation of reconsideration  
 12.—(1) Where the TRA  accepts an application for reconsideration of an original decision that 
was published in a notice, the TRA must publish a notice of initiation of the reconsideration setting 
out—  
(a) a description of the goods to which the reconsideration relates; and  
(b) the original decision to be reconsidered.  
 (2) Where the TRA accepts an application for reconsideration of an original decision that was 
not published in a notice, the TRA must notify the applicant of the initiation of the reconsideration.  
Reconsiderati on by the TRA  
 13.—(1) This regulation applies where the TRA has accepted an application for 
reconsideration.  
 (2) The TRA may request information from any person when reconsidering an original decision 
and, where it does so, it may —  G/ADP/N/1/GBR/1/Suppl.4 • G/SCM/N/1/GBR/1/Suppl.4 • G/SG/N/1/GBR/1/Suppl.4  
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  (a) set a time limit  for a response to such a request;  
(b) vary such a time limit.  
 (3) The TRA may disregard information supplied in response to such a request but which is 
outside the relevant time limit or not in conformity with the terms of that request.  
 (4) In consider ing whether to disregard information, the TRA must have regard to —  
(a) the extent of the delay; and  
(b) the reasons for the delay.  
 (5) Where an application for reconsideration relates to a dispute on a point of law, the TRA 
may refer the matter to the Upper Tribunal for a decision before concluding the reconsideration in 
accordance with regulation  14(1) .  
 (6) Where the TRA refers a m atter to the Upper Tribunal under paragraph  (5) and—  
(a) the original decision was published in a notice, the TRA must publish a notice setting out the 
details of the matter referred to the Upper Tribunal; or  
(b) the original decision was not published in  a notice, the TRA must notify the applicant that it has 
referred the matter to the Upper Tribunal.  
 (7) In reconsidering an original decision, the TRA may, amongst other things, take into 
account —  
(a) information contained in an application for reconside ration;  
(b) documents accompanying an application for reconsideration;  
(c) information supplied to it further to a request made under paragraph  (2); 
(d) information obtained from secondary sources.  
 (8) The TRA may conduct a hearing as part of its reconsid eration of an original decision.  
 (9) Except as otherwise provided by these Regulations, the TRA may reconsider an original 
decision in whatever way it considers appropriate in the circumstances.  
Outcome of reconsideration  
 14.—(1) Following the TRA’s re consideration of an original decision, the TRA must uphold or 
vary the original decision.  
 (2) For the purposes of these Regulations, a "reconsidered decision " means an original 
decision as upheld or varied by the TRA following its reconsideration of an original decision.  
 (3) Where the reconsideration is of an original decision that was not published in a notice, the 
TRA must notify the applicant of the outcom e of the reconsideration.  
 (4) Where the reconsideration is of an original decision that was published in a notice, 
paragraphs  (5) to (12)  apply as relevant.   
 (5) Where the TRA upholds the original decision, it must —  
(a) publish a notice of the reconsid ered decision; and  
(b) notify the Secretary of State.  G/ADP/N/1/GBR/1/Suppl.4 • G/SCM/N/1/GBR/1/Suppl.4 • G/SG/N/1/GBR/1/Suppl.4  
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   (6) Where the TRA varies the original decision and the reconsidered decision is not a 
recommendation to the Secretary of State, the TRA must —  
(a) notify the Secretary of State; and  
(b) unless paragrap h (7) applies, publish a notice of the reconsidered decision.  
 (7) This paragraph applies where the original decision was one which the Secretary of State 
gave effect to by public notice.  
 (8) Where the original decision was one referred to in paragraph  (7), the Secretary of State 
must—  
(a) publish a notice of the reconsidered decision; and  
(b) by public notice make provision giving effect to that decision.  
 (9) Where the TRA  varies the original decision and the reconsidered decision is a 
recommendation to the Secretary of State —  
(a) the TRA must produce a report on the reconsideration for the Secretary of State to consider; and  
(b) the Secretary of State must accept or rejec t the reconsidered decision.  
 (10) Where the Secretary of State accepts a reconsidered decision under paragraph  (9)(b) , 
the Secretary of State must —  
(a) publish a notice of the reconsidered decision and the Secretary of State’s acceptance of the 
reconside red decision;  
(b) by public notice make provision giving effect to that decision.  
 (11) Where the Secretary of State rejects a reconsidered decision under paragraph  (9)(b) , the 
Secretary of State must —  
(a) publish a notice of the reconsidered decision and  the Secretary of State’s rejection of the 
reconsidered decision; and  
(b) lay a statement before the House of Commons setting out the reasons for rejecting the 
reconsidered decision.  
 (12) Where paragraph  (11) applies and the original decision was given effect by public notice, 
the Secretary of State must by public notice make provision to the effect that the earlier notice 
ceases to have effect.  
 (13) For the purpose of paragraph  (8)(b) , (10)(b)  or (12), a pu blic notice means —  
(a) a public notice under section 13 of the Act, where the original decision was given effect by a 
notice made under that section;  
(b) a public notice under Part 12 of the Dumping and Subsidisation Regulations, where the original 
decisi on was one referred to in paragraph  29 of Schedule 1 to these Regulations;  
(c) a public notice under Part 9 of the Safeguards Regulations, where the original decision was one 
referred to in paragraph  40 of Schedule 1 to these Regulations.  
 
 G/ADP/N/1/GBR/1/Suppl.4 • G/SCM/N/1/GBR/1/Suppl.4 • G/SG/N/1/GBR/1/Suppl.4  
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  The effect of a n original decision, withdrawal and termination of a reconsideration  
 15.—(1) An applicant for reconsideration may make a request to withdraw their application 
via the TRA’s case management system.  
 (2) Subject to paragraphs  (3) and (4), the TRA may, wher e it considers appropriate, terminate 
a reconsideration where it has received a request made under paragraph ( 1).  
 (3) Paragraph  (2) does not apply where —  
(a) the TRA  has made any notification or published any notice relevant to the reconsideration under  
regulation  14(3) , (5) or (6); or  
(b) the Secretary of State has made any notification, published any notice or laid any statement 
relevant to the reconsideration under  regulation  14(8) , (10), (11)  or (12). 
 (4) Where the TRA has accepted more than one application for reconsideration in respect of 
the same original decision (see regulation  11(7) ), the TRA must not terminate the reconsideration 
if any of the applicants fo r that reconsideration objects to the TRA’s proposed termination.  
 (5) Where the TRA terminates a reconsideration under this regulation and the original decision 
was—  
(a) published in a notice, the TRA  must publish a notice of termination;  
(b) not published in a notice, the TRA must notify the applicant of the termination.  
PART 3 APPEAL TO THE  UPPER TRIBUNAL  
Appeals to the Upper Tribunal in relation to a decision made by the TRA  
 16.—(1) Subject to the following paragraphs, any interested party may appeal to the Upper 
Tribunal for a review of a reconsidered decision in relation to an original decision listed i n Schedule  1 
to these Regulations.  
 (2) Where a reconsidered decision relates to an original decision referred to in 
paragraph  1 or 6 of Schedule 1 to these Regulations, only the applicant who applied for 
reconsideration of that original decision may appe al to the Upper Tribunal for a review of that 
reconsidered decision.  
 (3) Where a reconsidered decision relates to an original decision referred to in 
paragraph  11, 22, or 33 of Schedule 1 to these Regulations, only an interested party who applied 
for rec onsideration of that original decision may appeal to the Upper Tribunal for a review of that 
reconsidered decision.  
 (4) Where a reconsidered decision relates to an original decision referred to in paragraph  21 of 
Schedule 1 to these Regulations, only the overseas exporter or relevant foreign government who 
applied for reconsideration of that original decision may appeal to the Upper Tribunal for a review of 
that reconsidered decision.  
 (5) Where a reconsidered decision relates to an original decision referred to in paragraph  28 of 
Schedule 1 to these Regulations, only the importer who applied for reconsideration of that original 
decision may appeal to the Upper Tribunal for a review of that reconsidered decision .  
 (6) Where the TRA has rejected an application under regulation  11(1)  or (5), only the 
applicant who applied for reconsideration may appeal to the Upper Tribunal for a review of that 
decision.  G/ADP/N/1/GBR/1/Suppl.4 • G/SCM/N/1/GBR/1/Suppl.4 • G/SG/N/1/GBR/1/Suppl.4  
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Appeals to the Upper Tribunal in relation to a determinati on made by the Secretary of 
State  
 17.—(1) An interested party may appeal to the Upper Tribunal for a review of a determination 
made by the Secretary of State listed in Schedule 2 to these Regulations.  
 (2) In Schedule 2 to these Regulations and for the p urpose of paragraph  (1)—  
(a) Part 1 contains a list of determinations made under Schedule 4 or 5;  
(b) Part 2 contains a list of determinations made under the Dumping and Subsidisation Regulations;  
(c) Part 3 contains a list of determinations made under th e Safeguards Regulations;  
(d) Part 4 contains a determination made under these Regulations.  
Conduct and outcome of appeal  
 18.—(1) In determining an appeal made under regulation  16 (appeals to the Upper Tribunal 
in relation to a decision made by the TRA) or  17 (appeals to the Upper Tribunal in relation to a 
determination made by the Secretary of State), the Upper Tribunal must apply the same principles 
as would be applied by a court  on an application for judicial review.  
 (2) The Upper Tribunal may —  
(a) dismiss the appeal; or  
(b) set aside the whole or part of the reconsidered decision or the determination to which the appeal 
relates.  
 (3) Where the Upper Tribunal sets aside the whole or part of a reconsidered decision or 
determination, it must refer the matter back to the TRA or the Secretary of State, as appropriate, 
with a direction that the TRA or the Secretary of State reconsider th e reconsidered decision or 
determination and make a new decision in accordance with its ruling.  
PART 4 Transitional provisions relating to the TRA  
General modifications  
 19.  Unless otherwise specified in this Part, these Regulations have effect as if —  
(a) for "TRA", in each place where this occurs (excluding regulation 1), there were substituted 
"Secretary of State "; 
(b) for "TRA's", in each place where this occurs, there were substituted "Secretary of State 's"; 
(c) for "it", where this is a reference to  the TRA, in each place where this occurs, there were 
substituted "the Secretary of State "; 
(d) for "recommendation " or "recommendations ", in each place where this occurs, there were 
substituted "preliminary decision " or "preliminary decisions " as appropri ate. 
Modifications to Part 1  
 20.  Regulation 2 (interpretation) has effect as if —  
(a) in paragraph (1), in the definition of "the Act ", after "2018", there were inserted "as modified by 
the Taxation (Cross -border Trade) Act 2018 (Appointed Days No. 4 and Transitional Provisions) G/ADP/N/1/GBR/1/Suppl.4 • G/SCM/N/1/GBR/1/Suppl.4 • G/SG/N/1/GBR/1/Suppl.4  
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  (Modification) (EU Exit) Regulations 2019( 1) and the Taxation (Cross -border Trade) Act 2018 
(Appointed Days No. 6 and Transitional Provisions) (Modification) (EU Exit) Regulations 2019( 2)"; 
(b) in paragraph (2), after "the Act ", there were inserted "as modified by the Taxation (Cross -border 
Trade) Act 2018 (Appointed Days No. 4 and Transitional Provisions) (Modification) (EU Exit) 
Regulations 2019 and the Taxation (Cross -border T rade) Act 2018 (Appointed Days No. 6 and 
Transitional Provisions) (Modification) (EU Exit) Regulations 2019 ". 
Modifications to Part 2  
 21.  Regulation  5 (confidential information) has effect as if —  
(a) in paragraph (1)(a), for "its", there were substitute d "the Secretary of State 's"; 
(b) paragraph (5) were omitted.  
 22.  Regulation  6 (permitted disclosure) has effect as if —  
(a) in paragraphs (1) and (3), "the TRA or ", in each place where this occurs, were omitted;  
(b) paragraph (2) were omitted.  
 23.  Regulation  8 (non-cooperation) has effect as if —  
(a) in paragraph (1) — 
 (i) for "its", where this first occurs, there were substituted "the Secretary of State 's"; 
 (ii) for "its", where this next occurs, there were substituted "the"; 
(b) in paragraph (2)(a), for "its", there were substituted "the". 
 24.  Regulation  11 (the TRA’s acceptance or rejection of an application for reconsideration) 
has effect as if, in paragraphs (3), (5)  and (6)(b), for "its", in each place where this occurs, there 
were substituted "the Secretary of State 's".  
 25.  Regulation  13 (reconsideration by the TRA) has effect as if, in paragraph (8), for "its", 
there were substituted "the Secretary of State 's".  
 26.  Regulation  14 (outcome of reconsideration) has effect as if —  
(a) in paragraph  (2), for "its", there were substituted "the Secretary of State 's"; 
(b) in paragraph (5)(a), "and" were omitted;  
(c) paragraph (5)(b) were omitted;  
(d) in paragraph (6) — 
 (i) for "recommendation to the Secretary of State ", there were substituted "preliminary 
decision "; 
 (ii) sub -paragraph (a) were omitted;  
 (iii) in sub -paragraph (b), "unless paragraph (7) applies " were omitted;  
(e) paragraph (7) were omitted;  
(f) in para graph (8) — G/ADP/N/1/GBR/1/Suppl.4 • G/SCM/N/1/GBR/1/Suppl.4 • G/SG/N/1/GBR/1/Suppl.4  
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   (i) for "referred to in paragraph (7) ", there were substituted "which the Secretary of State 
gave effect to by public notice "; 
 (ii) sub -paragraph (a) were omitted;  
 (iii) in sub -paragraph (b), for "that decision ", there were substituted "the reconsidered 
decision "; 
(g) in paragraph  (9)— 
 (i) for "recommendation to the Secretary of State ", there were substituted "preliminary 
decision "; 
 (ii) sub -paragraph (a) were omitted;  
 (iii) in sub -paragraph (b), for "accept o r reject ", there were substituted "decide to give effect, 
or not to give effect, to "; 
(h) in paragraph  (10)— 
 (i) for "accepts ", there were substituted "decides to give effect to "; 
 (ii) in sub -paragraph (a), for "acceptance of ", there were substituted "decision to give effect 
to"; 
(i) in paragraph  (11)— 
 (i) for "rejects ", there were substituted "decides not to give effect to "; 
 (ii) in sub -paragraph (a), for "rejection of ", there were substituted "decision not to give effect 
to"; 
 (iii) in sub -paragraph (b), for "rejecting ", there were substituted "deciding not to give effect 
to"; 
(j) after paragraph  (11), there were inserted — 
"(11A) in the application of paragraphs  (6) and (9), a preliminary decision referred to 
in paragraphs  13 to 17, 19, 31 or 32 of Sche dule 1 to these Regulations is to be treated 
as if it were a decision other than a preliminary decision. ";  
(k) in paragraph (13) (c), for "paragraph 40 ", there were substituted "paragraph 39 ". 
 27.  Regulation 15 (the effect of an original decision, withdrawal and termination of a 
reconsidera tion) has effect as if —  
(a) paragraph (3)(a) were omitted;  
(b) in paragraph (3)(b), for "regulation  14(8) , (10),  (11)  or (12)", there were substituted 
“regulation  14(3) , (5), (6), (8), (10),  (11) or (12)". 
Modifications to Part 3  
 28.  The heading to regulation  17 (appeals to the Upper T ribunal in relation to a determination 
made by the Secretary of State) and that regulation have effect as if, for "determination " or 
"determinations ", in each place where this occurs, there were substituted "decision " or "decisions " 
as appropriate.  
 29.  Regulation  18 (conduct and outcome of appeal) has effect as if —  G/ADP/N/1/GBR/1/Suppl.4 • G/SCM/N/1/GBR/1/Suppl.4 • G/SG/N/1/GBR/1/Suppl.4  
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  (a) for "determination ", in each place where this occurs, there were substituted "decision "; 
(b) in paragraph (3) — 
 (i) "the TRA or ", in each place where this occurs, were omitted;  
 (ii) "as appropriate, " were omitted.  
Modifications to Schedule 1 to these Regulations  
 30.  Schedule 1 to these Regulations has effect as if —  
(a) in the sub -heading to Part 3 of that Schedule, for "determinations or recommendations ", there 
were substitute d "determinations, preliminary decisions or decisions "; 
(b) in each of paragraphs  13 to 17, 19, 31 and 32 for "determination ", there were substituted 
"preliminary decision "; 
(c) in paragraph  20— 
 (i) for "regulation 75(1) ", there were substituted "regulation 75(2) "; 
 (ii) for "determination ", there were substituted "decision "; 
(d) paragraphs  21 and 24 were omitted;  
(e) in paragraphs  25 and 36— 
 (i) for "suspension recommendation ", in each place where this occurs, there were substituted 
"preliminary decision on suspension "; 
 (ii) for "determination ", in each place where this occurs, there were substituted "decision "; 
(f) in paragraphs 26 and  37, for "determination ", in each place w here this occurs, there were 
substituted "decision "; 
(g) in paragraph  29, for "regulation 100(1) ", there were substituted "regulation 99(1) "; 
(h) for paragraph  35, there were substituted — 
"A preliminary decision made under regulation 37(1) or (2) following  a review. ";  
 (i) in paragraph  39, for "that the application of a tariff rate quota should continue unvaried 
(see regulation 50(4)(a)) ", there were substituted "following the transition review "; 
(j) paragraph  40 were omitted.  
Modifications to Schedule 2 to these Regulations  
 31.  Schedule 2 to these Regulations has effect as if —  
(a) in the headings and sub -headings of that Schedule, for "determinations ", in each place where 
this occurs, there were substituted "decisions "; 
(b) for "the acceptan ce or rejection ", in each place where this occurs, there were substituted "a 
decision made "; 
(c) for "of a recommendation made by the TRA ", in each place where this occurs, there were 
substituted "to give effect, or not to give effect, to a preliminary dec ision"; G/ADP/N/1/GBR/1/Suppl.4 • G/SCM/N/1/GBR/1/Suppl.4 • G/SG/N/1/GBR/1/Suppl.4  
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  (d) in paragraph 13, for "of", there were substituted "to give effect, or not to give effect, to ". 
Signed by the authority of the Secretary of State for International Trade  
George Hollingbery  
Minister of State for Trade Policy  
Department for International Trade  
8th May 2019  
  G/ADP/N/1/GBR/1/Suppl.4 • G/SCM/N/1/GBR/1/Suppl.4 • G/SG/N/1/GBR/1/Suppl.4  
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  SCHEDULE 1  
Regulations 9, 14 and 16  
Original decisions of the TRA  
PART 1 Determinations or recommendations made under Schedule 4  
1.  A determination made under paragraph 9(4) to reject an application for the initiation o f a 
dumping investigation or subsidisation investigation.  
2.  A final negative determination made under paragraph 11(6)(b).  
3.  A recommendation made under paragraph 17(3) in relation to an anti -dumping amount.  
4.  A recommendation made under paragraph 17(4) in relation to a countervailing amount.  
5.  A determination notified under paragraph 17(10) that no recommendation can be made under 
paragraph 17(3) or (4).  
PART 2 Determinations or recommendations made under Schedule 5  
6.  A determination made under paragraph 7(5) to reject an application for the initiation of a 
safeguarding investigation.  
7.  A final negative determination made under paragraph 9(5)(b).  
8.  A recommendation made under paragraph 16(3) (including any recom mendation in accordance 
with paragraph 16(4)) in relation to a definitive safeguarding amount or tariff rate quota.  
9.  A determination notified under paragraph 16(11) that no recommendation can be made under 
paragraph 16(3).  
PART 3 Determinations or recommendations made under the  
Dumping and Subsidisation Regulations  
10.  A determination made under regulation 64(1) or (2) to terminate an investigation.  
11.  A determination made under regulation 67 to reject a review application.  
12.  A determination made under regulation 68(6) to terminate a review.  
13.  A determination made under regulation 69(6)(a) following an int erim review.  
14.  A determination made under regulation 70(11)(a) following an expiry review.  
15.  A determination made under regulation 71(6)(a) following a new exporter review.  
16.  A determination made under regulation 72(7)(a) following an absorptio n review.  
17.  A determination made under regulation 73(7)(a) following a circumvention review.  
18.  A determination made under regulation 73(9) to grant an exemption.  
19.  A determination made under regulation 74(5)(a) following a scope review.  G/ADP/N/1/GBR/1/Suppl.4 • G/SCM/N/1/GBR/1/Suppl.4 • G/SG/N/1/GBR/1/Suppl.4  
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  20.  A recommendation made under regulation 75(1) or a determination made under 
regulation  75(4) to terminate a review.  
21.  A determination made under regulation 78(5) that it is not appropriate to accept an 
undertaking.  
22.  A determination made under regula tion 83(2) to reject an application for a breach investigation.  
23.  A determination made under regulation 83(5) that an undertaking has been breached or that 
there are adequate reasons to allow the undertaking to continue to apply.  
24.  A determination made under regulation 84(5)(a) or a recommendation made under 
regulation  84(6) following an undertaking review.  
25.  A suspension recommendation made under regulation 85 or a determination that it is not 
appropriate to make such a recommendation under tha t regulation.  
26.  A recommendation made under regulation 87 to extend the period of suspension or  a 
determination that it is not appropriate to make such a recommendation under that regulation.  
27.  A recommendation made under regulation 88(1) to reinst ate an anti -dumping amount or a 
countervailing amount.  
28.  A determination as to the amount of repayment of an anti -dumping amount or a countervailing 
amount made under regulation 89(8)(a).  
29.  A recommendation made under regulation 100(1) following a transition review.  
PART 4 Determinations or recommendations made under the Safeguards Regulations  
30.  A determination made under regulation 30(1) to terminate an investigation.  
31.  A determination made under regulation 34(4)(a) following a mid -term rev iew.  
32.  A determination made under regulation 35(7)(a) following an extension review.  
33.  A determination made under regulation 35 to reject an extension review application.  
34.  A determination made under regulation 36(3) to terminate a review.  
35.  A recommendation made under regulation 37(1) following a review or a determination made 
under regulation 37(5) to terminate a review.  
36.  A suspension recommendation made under regu lation 39 or a determination that it is not 
appropriate to make such a recommendation under that regulation.  
37.  A recommendation made under regulation 41 to extend the period of suspension or a 
determination that it is not appropriate to make such a rec ommendation under that regulation.  
38.  A recommendation made under regulation 42(1) to reinstate a definitive safeguarding remedy.  
39.  A determination made under regulation 50(1) that the application of a tariff rate quota should 
continue unvaried (see  regulation 50(4)(a)).  
40.  A recommendation made under regulation 51(1) following the transition review.  
  G/ADP/N/1/GBR/1/Suppl.4 • G/SCM/N/1/GBR/1/Suppl.4 • G/SG/N/1/GBR/1/Suppl.4  
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  SCHEDULE 2  
Regulation 17  
Determinations of the Secretary of State that are subject to appeal  
PART 1 Determinations made under Schedule 4 or 5  
1.  The acceptance or rejection under paragraph 20(1) of Schedule 4 of a recommendation made by 
the TRA in relation to an anti -dumping amount or a countervailing amount.  
2.  The acceptance or rejection under paragraph 19(1) or 20(1) of Schedule 5 of a rec ommendation 
made by the TRA in relation to a definitive safeguarding amount or tariff rate quota.  
PART 2 Determinations made under the Dumping and Subsidisation Regulations  
3.  The acceptance or rejection under regulation 76(1) of a recommendation made by  the TRA 
following a review.  
4.  The acceptance or rejection under regulation 85(9) of a recommendation made by the TRA to 
suspend an anti -dumping amount or a countervailing amount.  
5.  The acceptance or rejection under regulation 87(7) of a recommendati on made by the TRA to 
extend the period of suspension.  
6.  The acceptance or rejection under regulation 88(3) of a recommendation made by the TRA to 
reinstate an anti -dumping amount or a countervailing amount.  
7.  The acceptance or rejection under regula tion 101(1) of a recommendation made by the TRA 
following a transition review.  
PART 3 Determinations made under the Safeguards Regulations  
8.  The acceptance or rejection under regulation 38(1) of a recommendation made by the TRA 
following a review.  
9.  The acceptance or rejection under regulation 39(9) of a recommendation made by the TRA to 
suspend a definitive safeguarding remedy.  
10.  The acceptance or rejection under regulation 41(7) of a recommendation made by the TRA to 
extend the period of suspens ion.  
11.  The acceptance or rejection under regulation 42(3) of a recommendation made by the TRA to 
reinstate a definitive safeguarding remedy.  
12.  The acceptance or rejection under regulation 52(1) of a recommendation made by the TRA 
following the transition review.  
PART 4 Determinations made under these Regulations  
13.  The acceptance or rejection under regulation  14(9)(b)  of the TRA’s reconsider ed decision.   
 
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