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.