The Trade Remedies (Amendment) Regulations 2024

Chapter 8 Amendment of Part 12 (transitional provisions)

Amendment of regulation 100 (recommendation following transition review)

31.  In regulation 100—

(a) after paragraph (1), insert—

“(1A) Where the TRA makes a recommendation to vary under paragraph (1) and considers that there are two or more options which it could recommend, it may give the Secretary of State each of those options as part of its recommendation.

(1B) The TRA must consider whether it could give the Secretary of State two or more options as part of its recommendation to vary under paragraph (1)—

(a) where the TRA considers that applying an anti-dumping amount or a countervailing amount in accordance with its proposed recommendation would not meet the economic interest test;

(b) where the TRA otherwise considers that it is appropriate.

(1C) Where, after considering whether it could give the Secretary of State two or more options as part of its recommendation to vary in accordance with paragraph (1), the TRA considers that there is only one option which it could reasonably recommend under paragraph (1), it must give the Secretary of State its reasons for reaching that conclusion.

(1D) Where the TRA gives the Secretary of State options, it must—

(a) give the Secretary of State its reasons for including each option; and

(b) inform the Secretary of State which option it prefers and why.

(1E) Where the TRA makes a recommendation to vary under paragraph (1), it must advise the Secretary of State whether and why it considers that the variation of an anti-dumping amount or a countervailing amount (as the case may be) in accordance with its recommendation, or in accordance with each option, as the case may be, would meet the economic interest test.”;

(b) omit paragraph (3).

Amendment of regulation 100A (recommendation of variation)

32.  In regulation 100A, omit paragraph (2)(a).

Amendment of regulation 101 (decision on recommendation following transition review)

33.  In regulation 101—

(a) for the heading substitute “Powers of the Secretary of State in relation to the TRA’s recommendation“;

(b) for paragraph (1) substitute—

“(1) The Secretary of State must—

(a) accept or reject the recommendation made under regulation 100(1); or

(b) 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) The Secretary of State may reject the recommendation only if the Secretary of State is satisfied that it is not in the public interest to accept it.

(1B) Where the Secretary of State accepts a recommendation which contains options given in reliance on regulation 100(1A), the Secretary of State must decide which of those options to adopt.”;

(d) for paragraph (2), substitute—

“(2) In considering what action to take under paragraph (1), 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) after paragraph 2, insert—

“(2A) 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.

(2B) Before making a request under paragraph (1)(b), the Secretary of State must consult the TRA.

(2C) 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.”;

(f) omit paragraph (3).

Amendment of regulation 101A (rejection of recommendation)

34.  In regulation 101A(1), at the end, insert “and does not make a decision under regulation 101D”.

Insertion of regulations 101D and 101E

35.  After regulation 101C and before Part 13, insert—

“Secretary of State’s power to apply an alternative remedy

101D.— (1) This regulation applies where—

(a) the TRA makes a recommendation under regulation 100(1) to vary the application of the anti-dumping amount or the countervailing amount; and

(b) the Secretary of State rejects the recommendation.

(2) If the Secretary of State considers that it is in the public interest to do so, the Secretary of State may decide that the application of the anti-dumping amount or countervailing amount should be varied other than in accordance with the recommendation, or revoked.

(3) Where the Secretary of State makes a decision under paragraph (2), the Secretary of State must—

(a) publish notice of the decision;

(b) notify interested parties accordingly; and

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

(4) A notice made under paragraph (3)(a) must—

(a) contain the information set out in regulation 101A(2)(a)(i) to (iii);

(b) where applicable, specify—

(i) the reason for rejecting the recommendation and for applying the alternative anti-dumping or countervailing amount;

(ii) the alternative anti-dumping or countervailing amount;

(iii) the period beginning on the appropriate date for which the anti-dumping or countervailing amount is to apply to those goods.

Power to request assistance etc. from TRA

101E.— (1) The Secretary of State may request that the TRA give advice, information or other support to the Secretary of State for the purpose of allowing the Secretary of State to decide whether to make a decision under regulation 101D(2).

(2) The Secretary of State may include in a request under paragraph (1) a requirement that the TRA investigate and provide a report on any matter specified in the request.

(3) Before making a request under paragraph (1), the Secretary of State must consult the TRA.

(4) The TRA must comply with a request under paragraph (1).”.