SCHEDULES
SCHEDULE 5Increase in imports causing serious injury to UK producers
PART 4Definitive remedies: definitive safeguarding amount & tariff rate quotas
Secretary of State's power to subject goods to a tariff rate quota
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1
If the TRA makes a recommendation under paragraph 16(3)(b) that goods should be subject to a tariff rate quota, 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 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 final 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 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.
5
See paragraphs 21 and 22 for variation or revocation of a tariff rate quota.