SCHEDULES

SCHEDULE 5Increase in imports causing serious injury to UK producers

PART 3Provisional remedies: provisional safeguarding amount & provisional tariff rate quotas

Secretary of State's power to subject goods to a provisional tariff rate quota

I115

1

If the TRA makes a recommendation under paragraph 11(3)(b), 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—

a

making goods subject to a provisional tariff rate quota in accordance with the recommendation does not meet the economic interest test (see paragraph 23), or

b

it is not otherwise in the public interest to accept the recommendation.

3

If the recommendation is rejected, the Secretary of State must—

a

publish notice of the TRA's provisional affirmative determination in relation to the goods, of the recommendation and of the rejection of it,

b

notify interested parties (see paragraph 31(3)) accordingly, and

c

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

4

If the recommendation is accepted, the Secretary of State—

a

must publish notice of the TRA's provisional 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.

5

The period for which goods are subject to a provisional tariff rate quota ceases (if it has not already expired) when the safeguarding investigation in relation to the goods terminates.