17(1)This paragraph applies to a recommendation by the TRA under paragraph 16(3)(a) in relation to goods.U.K.
(2)The specified period referred to in paragraph 16(3)(a)—
(a)must be such period as the TRA is satisfied is necessary—
(i)to remove the serious injury, or to prevent further serious injury, caused by the importation of the goods in increased quantities to UK producers of the goods, and
(ii)to facilitate the adjustment of those UK producers to the importation of the goods in increased quantities,
(b)must not exceed 4 years (but see paragraph 21 regarding the possibility of extensions or other variations to that period following a review), and
(c)if the recommendation is accepted by the Secretary of State, must begin on the day after the date of publication of the public notice under section 13 giving effect to the recommendation.
(3)A recommendation under paragraph 16(3)(a) as to how a definitive safeguarding amount applicable to goods should be determined (see paragraph 16(4)) may be by reference to either or both of the following—
(a)the value of the goods, and
(b)the weight or volume of the goods or any other measure of their quantity or size.
(4)But that recommendation must be such that—
(a)a definitive safeguarding amount applicable to goods does not exceed the amount which the TRA is satisfied is necessary—
(i)to remove serious injury to UK producers of the goods, and
(ii)to facilitate the adjustment of those UK producers to the importation of the goods in increased quantities, and
(b)where the specified period referred to in paragraph 16(3)(a) exceeds 1 year, a definitive safeguarding amount applicable to goods becomes progressively smaller as the period progresses.
(5)Regulations may make provision for the purposes of sub-paragraph (4)(a) about how the amount which the TRA is satisfied is necessary for the purposes mentioned is to be determined.
(6)A recommendation under paragraph 16(3)(a) must include such other content as regulations may require.
(7)If a provisional safeguarding remedy has been applied to some or all of the goods as part of the same safeguarding investigation, sub-paragraph (8) applies for the purposes of sub-paragraphs (2)(b) and (4)(b).
(8)The length of the specified period referred to in paragraph 16(3)(a), so far as relating to goods to which a provisional safeguarding remedy has been applied, is to be treated as extended by the length of the specified period for which the TRA recommended that a provisional safeguarding remedy should be applied to them [F1or, where the TRA’s recommendation contained options proposing different lengths, the length adopted by the Secretary of State].
(9)Where the application of sub-paragraph (8) results in the length of the specified period referred to in paragraph 16(3)(a), so far as relating to goods to which a provisional safeguarding remedy has been applied, exceeding 1 year, sub-paragraph (4)(b) is to be read as if references to goods were references to the goods to which the provisional safeguarding remedy has been applied.
(10)In this paragraph, references to the application of a provisional safeguarding remedy are to—
(a)applying a provisional safeguarding amount to goods, or
(b)making goods subject to a provisional tariff rate quota.
[F2(11)This paragraph has effect in relation to an option given by the TRA under paragraph 16(10A) as it has effect in relation to a recommendation by the TRA under paragraph 16(3)(a).]
Textual Amendments
F1Words in Sch. 5 para. 17(8) inserted (11.7.2023 for specified purposes, 25.8.2023 in so far as not already in force) by Finance (No. 2) Act 2023 (c. 30), Sch. 19 paras. 11(2)(a), 17(1); S.I. 2023/918, reg. 2 (with reg. 3)
F2Sch. 5 para. 17(11) inserted (11.7.2023 for specified purposes, 25.8.2023 in so far as not already in force) by Finance (No. 2) Act 2023 (c. 30), Sch. 19 paras. 11(2)(b), 17(1); S.I. 2023/918, reg. 2 (with reg. 3)
Commencement Information
I1Sch. 5 para. 17 in force at 4.3.2019 at 11:59 a.m. by S.I. 2019/429, reg. 2 (with regs. 4-9)