Amendment of regulation 76 (acceptance or rejection of the TRA’s recommendation by the Secretary of State)
This section has no associated Explanatory Memorandum
18. In regulation 76—
(a)for the heading substitute “Powers of the Secretary of State in relation to the TRA’s recommendation”;
(b)In paragraph (1), for “accept or reject the recommendation” substitute—
“—
(a)accept or reject the recommendation; or
(b)except in the case of a recommendation made in relation to an early review under regulation 68A, request that the TRA reassess its recommendation, by reference to any matters specified in the request, with a view to amending or replacing the recommendation.”;
(c)after paragraph (1), insert—
“(1A) Where the Secretary of State accepts a recommendation which contains options given in reliance on paragraph 75(2A), the Secretary of State must decide which of those options to adopt.”;
(d)In paragraph (3), for the words from “following an” to the end, substitute “following an interim or expiry review, the Secretary of State must have regard to the TRA’s advice on whether the application of an anti-dumping amount or a countervailing amount to goods in accordance with the recommendation, or in accordance with each option, as the case may be, would meet the economic interest test”;
(e)in paragraph (4), after “rejects the TRA’s recommendation”, insert “and does not make a decision under regulation 76A”;
(f)after paragraph (5), insert—
“(6) Where the Secretary of State accepts the TRA’s recommendation, the Secretary of State may decide that the date from which any variation has effect is a date before the date of the recommendation by the TRA.
(7) The Secretary of State may only make a request under paragraph (1)(b) where the Secretary of State considers that—
(a)there is information that the TRA did not take into account in its review that is relevant to the recommendation;
(b)the TRA made an error in relation to its recommendation; or
(c)exceptional circumstances make the request appropriate.
(8) Before making a request under paragraph (1)(b), the Secretary of State must consult the TRA.
(9) Where the Secretary of State makes a request under paragraph (1)(b), the TRA must—
(a)comply with the request; and
(b)in reassessing its recommendation, have regard to any particular considerations which the Secretary of State may specify in the request.”.