9(1)In the case of a safeguarding investigation, an “affirmative determination” in relation to goods means a determination that—U.K.
(a)the goods have been or are being imported into the United Kingdom in increased quantities, and
(b)the importation of the goods in increased quantities has caused or is causing serious injury to UK producers of those goods.
(2)At any stage during a safeguarding investigation, the TRA may make an affirmative determination, based on the evidence then before it, in relation to goods which are the subject of the investigation (referred to in this Schedule as “a provisional affirmative determination”).
(3)But the TRA may only make such a determination if it is satisfied that interested parties (see paragraph 31(3)) have been given an adequate opportunity to provide information to it regarding the investigation.
(4)The TRA must make a final determination in relation to each of the goods which are the subject of a safeguarding investigation.
(5)A final determination under sub-paragraph (4) in relation to goods is—
(a)an affirmative determination (referred to in this Schedule as a “final affirmative determination”), or
(b)if the TRA determines that it cannot make an affirmative determination in relation to the goods, a negative determination (referred to in this Schedule as a “final negative determination”) [F1(but see paragraph 10A for a requirement to give notice to the Secretary of State in certain cases)].
(6)The TRA may make different final determinations in relation to different goods which are the subject of the investigation.
(7)The TRA must—
(a)publish notice of its final negative determination or final negative determinations under sub-paragraph (4), and
(b)notify the Secretary of State and interested parties accordingly.
Textual Amendments
F1Words in Sch. 5 para. 9(5) inserted (25.8.2023) by Finance (No. 2) Act 2023 (c. 30), Sch. 19 paras. 9(2), 17(2); S.I. 2023/918, reg. 2 (with reg. 3)
Commencement Information
I1Sch. 5 para. 9 in force at 4.3.2019 at 11:59 a.m. by S.I. 2019/429, reg. 2 (with regs. 4-9)