Taxation (Cross-border Trade) Act 2018

Secretary of State’s power to accept or reject a recommendation

20(1)If the TRA makes a recommendation under paragraph 17(3) or (4), the Secretary of State must decide whether to accept or reject the recommendation.

(2)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.

(3)In considering that, the Secretary of State must accept the TRA’s determination that the application of an anti-dumping amount or a countervailing amount to goods in accordance with the recommendation meets the economic interest test (see paragraph 25), unless the Secretary of State is satisfied that the determination is not one that the TRA could reasonably have made.

(4)If the recommendation is rejected, the Secretary of State must—

(a)publish notice of the TRA’s final affirmative determination in relation to the goods, of the recommendation and of the rejection of it,

(b)notify interested parties (see paragraph 32(3)) accordingly, and

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

(5)If the recommendation is accepted, the Secretary of State—

(a)must publish notice of the TRA’s final affirmative determination in relation to the goods, of the recommendation and of the acceptance of it,

(b)must notify interested parties accordingly, and

(c)is required under section 13 to make provision by public notice to give effect to the recommendation.

(6)See paragraphs 21 and 22 for variation or revocation of the application of an anti-dumping amount or a countervailing amount.