Trade remedies notice 2021/12: countervailing duty on certain rainbow trout originating in Turkey
Updated 30 November 2021
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This publication is available at https://www.gov.uk/government/publications/trade-remedies-notices-countervailing-duty-on-rainbow-trout-from-turkey/trade-remedies-notice-202112-countervailing-duty-on-certain-rainbow-trout-originating-in-turkey
This public notice was published on 30 November 2021.
This public notice is published by the Secretary of State under regulation 101C of the Trade Remedies (Dumping and Subsidisation) (EU Exit) Regulations 2019 (D&S Regulations).
The public notice:
- relates to rainbow trout live, fresh, chilled, frozen or smoked whether in the form of whole fish (with heads and gills on), gutted, weighing 1.2kg or less each, or with heads off, gilled or gutted (weighing 1kg or less each), or in the form of fillets (weighing 400g or less each) originating in Turkey (‘rainbow trout’)
- gives effect to the Trade Remedies Authority (TRA) recommendation to:
- vary the application of the countervailing amount on rainbow trout from Turkey for 5 years from 30 January 2021 and maintain the amount of the countervailing duty between 1.5% to 9.5%
- vary the countervailing amount on rainbow trout for one producer, Selina Balik
- supersedes Taxation Notice 2020/02: countervailing duty on certain rainbow trout originating in Turkey
Variation of anti-subsidy duty on rainbow trout from Turkey
The countervailing amount on rainbow trout from Turkey given effect to by taxation notice 2020/02: countervailing duty on certain rainbow trout originating in Turkey is maintained in accordance with this public notice.
Those importing products from overseas exporter Selina Balik can make use of the reduced duty when making their entry on CHIEF or CDS with the additional code B963.
Amount of countervailing duty
The additional amount of import duty (‘the countervailing duty’) applicable to the net, free-at-the-frontier price, before other amounts of import duty, of goods subject to duty originating in Turkey imported by overseas exporters is:
- BAFA Su Ürünleri Yavru Üretim Merkezi Sanayi Ticaret AŞ 1.5%
- Özpekler İnşaat Taahhüd Dayanıklı Tüketim Malları Su Ürünleri Sanayi ve Ticaret Limited Şirketi 6.7%
- Ternaeben Gida ve Su Ürünleri Ithalat ve Ihracat Sanayi Ticaret AŞ 8.0%
- overseas exporter specified in Annex 1 6.9%
- overseas exporter specified in Annex 2 7.6%
- all other overseas exporters (residual amount) 9.5%
Rainbow trout subject to countervailing duty
The countervailing duty applies to goods described, or imported under a commodity code specified, below.
Goods description:
Rainbow trout (Oncorhynchus mykiss)
- live weighing 1.2kg or less each
- fresh, chilled, frozen or smoked: in the form of whole fish (with heads on), whether or not gilled, whether or not gutted, weighing 1.2kg or less each
- with heads off, whether or not gilled, whether or not gutted, weighing 1kg or less each in the form of fillets weighing 400g or less each
The rainbow trout subject to countervailing duty are usually imported into the UK under the following UK Global Tariff (UKGT) commodity codes.
| Commodity codes |
|---|
| 03 01 91 90 11 |
| 03 02 11 80 11 |
| 03 03 14 90 11 |
| 03 04 42 90 10 |
| 03 04 82 90 10 |
| 03 05 43 00 11 |
Use the trade tariff tool to find UKGT commodity codes.
Period for which the countervailing duty applies
The countervailing duty on rainbow trout from Turkey given effect to by this public notice applies from 30 January 2021 until 30 January 2026.
The TRA will notify interested parties of the expiry of the countervailing duty in sufficient time to apply for an expiry review.
Transition review TS0002: countervailing duty on rainbow trout from Turkey
On 4 March 2020 the Secretary of State for International Trade initiated a transition review of the countervailing duty on rainbow trout from Turkey notice of initiation TS0002,under regulation regulations 97 and 98 of the D&S Regulations.
Background to the countervailing duty
The countervailing duty on rainbow trout from Turkey was imposed by the European Union on behalf of the UK and the other member States. The Secretary of State subsequently determined that the countervailing duty would be transitioned to continue to apply in the UK at the end of the transition period (notice of determination 2020/02).
The countervailing duty was duly transitioned at 11pm on 31 December 2020 by public notice under regulation 96A of the D&S Regulations (taxation notice 2020/01) to apply until 30 January 2021. However, in accordance with regulation 97C of the D&S Regulations, the countervailing duty continued to apply taxation notice 2020/02 until 30 November 2021 (the day this public notice was published).
Summary of the transition review
The Trade Remedies Investigations Directorate (TRID), the predecessor to the TRA, started the transition review on behalf of the Secretary of State. From 1 June 2021, the review was continued by the TRA (in accordance with regulation 1(7) of the D&S Regulations).
TRID and the TRA conducted the transition review in accordance with regulations 99A to 99C of the D&S Regulations.
TRID/the TRA considered whether the application of the countervailing amount is necessary or sufficient to offset the importation of the relevant subsidised goods in the UK market; and whether injury to the UK industry in the relevant goods would occur if the countervailing amount were no longer applied to those goods.
Three domestic producers submitted evidence, there were also submissions from 2 overseas exporters, and the Ministry of Trade of the Republic of Turkey.
No company from the upstream industry or downstream users responded to the transition review.
There were no imports from Turkey of the goods subject to review during the period of investigation and low levels of imports from Turkey of the goods subject to review over the injury period. The low levels of imports demonstrated that the current measure is sufficient to offset the importation of the relevant subsidised goods into the UK. This means the measure is working at the levels it is currently set at.
The TRA determined whether the measure should be varied or revoked, they therefore considered the likelihood that importation of the relevant subsidised goods and injury would occur if the measure no longer applied. They determined that importation of the relevant subsidised goods and injury to domestic producers would be likely to occur if the countervailing amount were no longer applied.
Recommendation of the TRA
On 4 August 2021, the TRA recommended to vary the application of the countervailing amount on rainbow trout from Turkey for 5 years from 30 January 2021 and maintain the amount of the countervailing duty between 1.5% to 9.5% given effect to by taxation notice 2020/02.
The TRA made this recommendation on the grounds that:
- it is likely, on the balance of probabilities, that the importation of the relevant subsidised goods from Turkey would occur if the countervailing amount were no longer applied
- it is likely, on the balance of probabilities, that injury to UK industry would occur from the importation of the relevant subsidised goods from Turkey if the countervailing amount were no longer applied
- the current measure is considered sufficient to offset the subsidisation
- the application of the countervailing amount meets the Economic Interest Test
The TRA made the recommendation in accordance with regulations 100 to 100A of the D&S Regulations.
A summary of all facts, along with further detail about those facts that formed the basis of the preliminary decision, may be found in the Statement of Essential Facts (part of the TS0002 public file).
Annex 1: Overseas exporters subject to 6.9% duty amount
| Overseas exporter | Additional TAP code |
|---|---|
| Akyol Su Ürn.Ürt.Taş.Kom.İth.İhr.Paz.San. ve Tic. Ltd Ști | B964 |
| Asya Söğüt Su Ürünleri Üretim Dahili Paz.ve İhr. Ltd Ști | B964 |
| GMS Su Ürünleri Üretim İth. Paz. San. ve Tic. Ltd Ști | B964 |
| Gümüşdoga Su Ürünleri Üretim Ihracat Ithalat AŞ | B964 |
| Gümüş-Yel Su Ürünleri üretim İhracat ve İthalat Ltd Ști | B964 |
| Hakan Komandit Şirketi | B964 |
| İskele Su Ürünleri Hayv.Gida Tur.Inş.Paz.Ihr.Ltd Ști | B964 |
| Karaköy Su Ürünleri Üretim Paz.Tic.İhr. ve İth.Ltd Ști | B964 |
| Özgü Su Ürün. Üret. Taş. Komis. İth. İhr. Paz. San. ve Tic. Ltd Şti | B964 |
Annex 2: Overseas exporters subject to 7.6% duty amount
| Overseas exporter | Additional TAP code |
|---|---|
| Ada Su Ürünleri Turizm İnşaat ve Ticaret Ltd. Şti | B969 |
| Ahmet Aydeniz Gıda San. ve Tic. A.Ş. | B970 |
| Alba Lojistik İhracat İthalat Ltd. Şti | B971 |
| Alba Su Ürünleri A.Ş. | B972 |
| Alfam Su Ürünleri A.Ş. | B973 |
| Alima Su Ürünleri ve Gida San. Tic. A.Ş. | B974 |
| Alka Su Ürünleri A.Ş. | B975 |
| Azer Altin Su Ürünleri | B976 |
| Bağcı Balık Gıda ve Enerji Üretimi San ve Tic. A.Ş. | B977 |
| Çamlı Yem Besicilik Sanayii ve Ticaret A.Ş. | B978 |
| Çirçir Su Ürünleri Ltd. Şti | B979 |
| Fishark Su Ürünleri Üretim Sanayi ve Ticaret A.Ş. (formerly Penta Su Ürünleri Üretim ve Sanayi Tic. A.Ş.) | B985 |
| Ipaş Su Ürünleri A.Ş. | B980 |
| Kemal Balıkçılık Ihr. Ltd. Şti | B981 |
| Lezita Balik A.Ş. (formerly Abalıoğlu Yem-Soya ve Tekstil San. A.Ș.) | B968 |
| Liman Entegre Balıkçılık San ve Tic. Ltd. Şti | B982 |
| Miray Su Ürünleri | B983 |
| Önder Su Ürünleri San. ve Tic. Ltd. Şti | B984 |
| Selina Balık İşleme Tesisi İthalat İhracat Ve Ticaret Ltd. Şti. | B963 |
| Tai Su Ürünleri Ltd. Şti | B986 |
| TSM Deniz Ürünleri San. Tic. A.Ş. | B987 |
| Ugurlu Balık A.Ş. | B988 |
| Yaşar Dış Tic. A.Ş. | B989 |