The Trade Remedies (Amendment) Regulations 2024 No. 545

Part 2 Amendment of the Dumping and Subsidisation Regulations

Chapter 6 Amendment of Part 9A (investigation in light of an international dispute decision)

Insertion of regulations 88J and 88K

28.  After regulation 88I and before Part 10, insert—

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

88J.— (1) This regulation applies where the Secretary of State rejects a recommendation under regulation 88I(2).

(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)—

(a) the notice published by the Secretary of State under paragraph 22(4)(a) of Schedule 4 to the Act must contain the information set out in paragraph 3 of Schedule 5A; and

(b) the Secretary of State must lay a statement before the House of Commons setting out the reasons for the decision.

Power to request assistance etc. from TRA

88K.— (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 88J(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).”.