The Trade Remedies (Increase in Imports Causing Serious Injury to UK Producers) (EU Exit) Regulations 2019

Acceptance or rejection of the TRA's recommendation by the Secretary of State U.K.

52.—(1) Where the TRA makes a recommendation in accordance with regulation 51 (TRA's recommendations to the Secretary of State), the Secretary of State must accept or reject that recommendation.

(2) The Secretary of State may reject the TRA's recommendation only if the Secretary of State is satisfied that—

(a) where relevant, the application of a tariff rate quota (or a safeguarding amount) to the goods subject to review in accordance with the recommendation does not meet the economic interest test; or

(b) it is not otherwise in the public interest to accept the recommendation.

(3) Where the Secretary of State rejects the TRA's recommendation, the Secretary of State must—

(a) publish a notice of the rejection which contains the following information—

(i) a description of the goods to which the notice relates;

(ii) a summary of the review;

(iii) the TRA's recommendation;

(iv) the reasons for the TRA's recommendation;

(v) the reasons for the Secretary of State's rejection;

(b) notify interested parties; and

(c) lay a statement before the House of Commons setting out the reasons for rejecting the recommendation.

[F1 (3A) Where the Secretary of State accepts the TRA’s recommendation before having made provision by public notice under regulation 47(2) in relation to the relevant tariff rate quota,—

(a) regulation 47(2) applies in relation to the relevant tariff rate quota as if the obligation to make provision by public notice to give effect to the determination were an obligation to make provision by public notice to give effect to the recommendation;

(b) the Secretary of State must notify interested parties.]

(4) Where the Secretary of State accepts the TRA's recommendation [F2 after having made provision by public notice under regulation 47(2) in relation to the relevant tariff rate quota], the Secretary of State must—

(a) make provision by public notice to give effect to the recommendation;

(b) notify interested parties.

(5) The notice referred to in paragraph (4)(a) must contain the following information—

(a) the information referred to in sub-paragraphs (i) to (iv) of paragraph (3)(a);

(b) where relevant, the revised amount of the tariff rate quota;

(c) where relevant, the allocation or revised allocation of the tariff rate quota;

(d) where relevant, the revised additional rate of import duty;

(e) where relevant, the revised period for which such goods will be subject to a tariff rate quota;

(f) details of the exclusion of any goods from the application of the tariff rate quota;

(g) where relevant, details of the safeguarding amount recommended in place of a tariff rate quota and the period for which such amount will apply.

[F3 (h) where relevant, the revised terms on which a part or the whole of a tariff rate quota is allocated or may be utilised.]

(6) A period referred to in paragraph (5)(e) or (g) must begin on the day after the publication of the public notice.

Textual Amendments

F1 Reg. 52(3A) inserted (5.8.2020) by The Trade Remedies (Amendment) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/730), regs. 1, 10(a)

F2 Words in reg. 52(4) inserted (5.8.2020) by The Trade Remedies (Amendment) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/730), regs. 1, 10(b)

F3 Reg. 52(5)(h) inserted (30.10.2019) by The Trade Remedies (Increase in Imports Causing Serious Injury to UK Producers) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/1319), regs. 1, 3(6)

Commencement Information

I1 Reg. 52 in force at 6.3.2019 with effect in accordance with reg. 1(3)-(8), see reg. 1(2)