2019 No. 449

Exiting The European Union
Customs

The Trade Remedies (Increase in Imports Causing Serious Injury to UK Producers) (EU Exit) Regulations 2019

Made

Laid before the House of Commons

Coming into force

The Secretary of State for International Trade, in exercise of the powers conferred by sections 13, 32(7) and (8), 51 and 56 of, and Schedule 5 to, the Taxation (Cross-border Trade) Act 2018 M1, makes the following Regulations.C1

Annotations:
Modifications etc. (not altering text)
Marginal Citations

PART 1Introductory

Citation, commencement and effectI11

1

These Regulations may be cited as the Trade Remedies (Increase in Imports Causing Serious Injury to UK Producers) (EU Exit) Regulations 2019.

2

These Regulations come into force on 6th March 2019.

3

These Regulations have effect subject to the modifications in Part 10 until the TRA is established.

4

Following the establishment of the TRA, any preliminary decision or determination made by the Secretary of State under Parts 6, 7 and 9 of these Regulations as modified by Part 10, has effect as though it were a recommendation made by the TRA under the corresponding unmodified provision.

5

Following the establishment of the TRA, anything done (or having effect as if done) by the Secretary of State in pursuance of a transitional function has effect as if done by the TRA, so far as that is required for continuing its effect.

6

Following the establishment of the TRA, anything done (or having effect as if done) in relation to the Secretary of State in connection with a transitional function has effect as if done in relation to the TRA, so far as that is required for continuing its effect.

7

If, on the establishment of the TRA, anything is in the process of being done by or in relation to the Secretary of State in connection with a transitional function, it may, following the establishment of the TRA, be continued by or in relation to the TRA.

8

A “transitional function” is a function which—

a

is conferred on the Secretary of State by Part 10 of these Regulations;

b

corresponds to a function that will, following the establishment of the TRA, be exercisable by the TRA under Parts 2 to 9 of these Regulations; and

c

following the establishment of the TRA, will not be exercisable by the Secretary of State.

Annotations:
Commencement Information
I1

Reg. 1 in force at 6.3.2019 with effect in accordance with reg. 1(3)-(8), see reg. 1(2)

InterpretationI22

In these Regulations—

  • “the Act” means the Taxation (Cross-border) Trade Act 2018;

  • “applicant UK producers” has the meaning given by paragraph 7(1)(a)(i) of Schedule 5 to the Act;

  • “application” means an application referred to in paragraph 7(1)(a) of Schedule 5 to the Act;

  • “authentication visit” means a visit conducted by the TRA to any premises in the United Kingdom the principal purpose of which is to obtain information, verify information supplied to it or to facilitate the progress of an investigation;

  • “contributor” means a person other than an interested party who has made themselves known to the TRA for the purpose of participating in an investigation or a review;

  • “definitive safeguarding remedy” means a definitive safeguarding amount or tariff rate quota referred to in Part 4 of Schedule 5 to the Act;

  • “directly competitive goods” means goods produced in the United Kingdom which are directly competitive with the goods identified, goods concerned or goods subject to review as appropriate;

  • F23“discontinuation review” has the meaning given by regulation 35A (discontinuation review);

  • F77“early review” has the meaning given by regulation 33A;

  • “extension review” has the meaning given by regulation 35 (extension review);

  • “goods concerned” means the goods described in the notice of initiation of an investigation (see paragraph 2 of the Schedule);

  • “goods identified” means the goods in relation to which the applicant UK producers is requesting the TRA to conduct an investigation;

  • “goods subject to review” means the goods described in the notice of initiation of a review;

  • “importer” of goods means a person liable to pay import duty in respect of the goods;

  • “increased quantities” has the meaning given by paragraph 1 of Schedule 5 to the Act;

  • “interested party” means—

    1. a

      a government of the relevant foreign country or territory;

    2. b

      an overseas exporter or importer of the goods concerned or the goods subject to review;

    3. c

      a trade or business association of producers, overseas exporters or importers of the goods concerned or the goods subject to review;

    4. d

      a producer of the like goods or directly competitive goods in the United Kingdom; or

    5. e

      a trade or business association of UK producers of the like goods or directly competitive goods;

    6. f

      F67an overseas producer of the goods concerned or the goods subject to review;

  • “investigation” means a safeguarding investigation;

  • “mid-term review” has the meaning given by regulation 34 (mid-term review);

  • “non-confidential summary” has the meaning given by regulation 16(6)(a);

  • “overseas exporter” means a person outside of the United Kingdom that exports goods to the United Kingdom;

  • F68“overseas producer” means a person outside of the United Kingdom that produces goods;

  • F69“pace of liberalisation” means—

    1. i

      in respect of a definitive safeguarding amount, the process by which the amount of import duty applicable to the goods becomes progressively smaller, in accordance with paragraph 17(4)(b) of Schedule 5 to the Act;

    2. ii

      in respect of a tariff rate quota, the process by which the amount of import duty applicable to goods becomes progressively smaller, or the amount of the quota becomes progressively larger, or both, in accordance with paragraph 18(5)(b) of Schedule 5 to the Act;

  • “period of investigation” has the meaning given by regulation 4 (increased quantities);

  • “provisional safeguarding remedy” means a provisional safeguarding amount or provisional tariff rate quota referred to in Part 3 of Schedule 5 to the Act;

  • “review applicant” means a person who applies to the TRA for the initiation of a review;

  • “review application” means an application for a review made in accordance with Part 6;

  • “statement of reasons” has the meaning given by regulation 16(6)(b);

  • F24“a TRQ review” has the meaning given by regulation 35B (tariff rate quota review);

  • “UK producers” has the meaning given by paragraph 3(1) of Schedule 5 to the Act;

  • “working day” means any day except a Saturday or Sunday, Christmas Day, Good Friday or a bank holiday under section 1 of the Banking and Financial Dealings Act 1971 M2.

PART 2Increased quantities

Purpose of Part 2I33

The TRA is to determine, for the purpose of an investigation, whether the goods concerned have been or are being imported into the United Kingdom in increased quantities in accordance with this Part.

Annotations:
Commencement Information
I3

Reg. 3 in force at 6.3.2019 with effect in accordance with reg. 1(3)-(8), see reg. 1(2)

Increased quantitiesI44

1

The TRA must assess whether the goods concerned have been or are being imported into the United Kingdom in increased quantities by reference to a period of time for which it determines that there is sufficient data available in order for it to make that assessment (the “period of investigation”).

2

In order to determine whether the goods concerned are imported into the United Kingdom in increased volumes for the purpose of paragraph 1(1)(a) of Schedule 5 to the Act, the TRA must consider whether there has been—

a

an absolute increase in the volume of the goods concerned imported into the United Kingdom; or

b

a relative increase in the volume of the goods concerned imported into the United Kingdom compared with the total domestic production in the United Kingdom of the like goods and directly competitive goods.

3

When making a determination under paragraph (2), the TRA may take into account any information it considers relevant.

4

Unless regulation 44 (other exception) applies, when making a determination under paragraph (2), the TRA must consider imports of the goods concerned from all foreign countries and territories.

Annotations:
Commencement Information
I4

Reg. 4 in force at 6.3.2019 with effect in accordance with reg. 1(3)-(8), see reg. 1(2)

Significant increase in the importation of the goods concernedI55

1

Where the TRA determines under regulation 4 (increased quantities) that there has been an increase in the volume of the goods concerned imported into the United Kingdom, the TRA must determine whether that increase is significant for the purpose of paragraph 1(1)(b) of Schedule 5 to the Act.

2

For the purpose of paragraph (1), the TRA must consider—

a

the rate and volume of imports of the goods concerned into the United Kingdom;

b

regulation 6 (foreseeability); and

c

any other factors it considers relevant.

Annotations:
Commencement Information
I5

Reg. 5 in force at 6.3.2019 with effect in accordance with reg. 1(3)-(8), see reg. 1(2)

ForeseeabilityI66

1

Pursuant to paragraph 1(2)(c) of Schedule 5 to the Act, the importation of the goods concerned in increased quantities into the United Kingdom was not foreseeable where the TRA considers that the increase is a result of unforeseen developments.

2

In determining whether developments were unforeseen, the TRA may consider—

a

changes in patterns of demand for the goods concerned, like goods and directly competitive goods;

b

global overcapacity or increases in production capacity of the goods concerned;

c

economic or political crises; and

d

any other factors it considers relevant.

3

Where the TRA determines that an increase in the importation of the goods concerned was foreseeable, that increase is not significant for the purpose of regulation 5 (significant increase in the importation of the goods concerned).

Annotations:
Commencement Information
I6

Reg. 6 in force at 6.3.2019 with effect in accordance with reg. 1(3)-(8), see reg. 1(2)

PART 3Serious injury and causation

Serious injuryI77

Where the TRA has determined in accordance with paragraph 2 of Schedule 5 to the Act and Part 2 of these Regulations that the goods concerned have been or are being imported into the United Kingdom in increased quantities, it must consider whether those goods have caused or are causing serious injury to UK producers in accordance with this Part.

Annotations:
Commencement Information
I7

Reg. 7 in force at 6.3.2019 with effect in accordance with reg. 1(3)-(8), see reg. 1(2)

Determination of serious injuryI88

1

The TRA is to determine whether UK producers of the like goods and directly competitive goods have suffered or are suffering serious injury for the purpose of paragraph 6 of Schedule 5 to the Act in accordance with this regulation.

2

A threat of significant overall impairment to the position of UK producers only arises where the TRA considers that threat to be clearly imminent.

3

In order to determine whether UK producers have suffered or are suffering serious injury (see paragraph 2 of Schedule 5 to the Act), the TRA must assess all relevant economic factors having a bearing on UK producers including—

a

the rate and volume of increase of the importation of the goods concerned into the United Kingdom, in absolute or relative terms;

b

the export capacity of the goods concerned in foreign countries or territories and the likelihood that the capacity will be exported to the United Kingdom;

c

the share of the domestic market in the United Kingdom taken by the importation of the goods concerned in increased quantities;

d

changes in the UK producers' level of—

i

sales;

ii

productivity;

iii

production;

iv

capacity utilisation;

v

profits and losses; and

vi

employment.

Annotations:
Commencement Information
I8

Reg. 8 in force at 6.3.2019 with effect in accordance with reg. 1(3)-(8), see reg. 1(2)

Causation and non-attributionI99

1

This regulation applies where the TRA is determining, for the purpose of regulation 8 (determination of serious injury), whether or not serious injury has been or is being caused to UK producers by the importation of the goods concerned in increased quantities into the United Kingdom.

2

For the purpose of paragraph (1), the TRA may consider—

a

price effects of the importation of the goods concerned in increased quantities on the like goods and directly competitive goods in the United Kingdom, including the depression or suppression of price increases which would otherwise have occurred;

b

volume effects of the importation of the goods concerned in increased quantities on the like goods and directly competitive goods in the United Kingdom; and

c

any other known factors that it considers relevant.

3

The TRA must consider whether any known factors other than the importation of the goods concerned in increased quantities into the United Kingdom has caused or is causing serious injury to UK producers.

4

The TRA must not attribute to the goods concerned injury caused by known factors other than the importation of the goods concerned into the United Kingdom.

Annotations:
Commencement Information
I9

Reg. 9 in force at 6.3.2019 with effect in accordance with reg. 1(3)-(8), see reg. 1(2)

PART 4Determination of an adequate amount to prevent or remove serious injury and remedies

Determination and assessment of an adequate amount to prevent or remove serious injuryI1010

1

For the purpose of paragraphs 12(4), 13(5), 17(4)(a) and 18(5)(a) of Schedule 5 to the Act, the TRA must determine a provisional safeguarding remedy or definitive safeguarding remedy (a “relevant remedy”) in accordance with this Part.

2

The TRA must determine the relevant remedy which it is satisfied is necessary to prevent or remove serious injury to UK producers of the like goods and directly competitive goods based on an assessment of the minimum increase in average import prices of the goods concerned that would prevent or remove serious injury.

3

In making that assessment, where relevant, the TRA must have regard to—

a

the weighted average price of the goods concerned imported into the United Kingdom; and

b

an assessment of the prices in the United Kingdom that UK producers of the like goods and directly competitive goods could have expected to achieve under normal conditions of competition in the absence of the importation of the goods concerned in increased quantities into the United Kingdom.

4

Where the TRA determines that it is appropriate to recommend the imposition of a provisional tariff rate quota or tariff rate quota, in determining the level at which such tariff rate quota should be set, it must consider the desirability of maintaining, as far as possible, traditional trade flows.

5

Paragraph (6) applies where—

a

a provisional safeguarding remedy is in force;

b

the TRA has been made aware of contracts concluded on normal terms and conditions before the entry into force of that provisional safeguarding remedy; and

c

the TRA determines that it is appropriate to recommend the imposition of a tariff rate quota.

6

Where this paragraph applies, in determining the level at which the tariff rate quota should be set, the TRA must consider the volume of the goods concerned to be exported under the contracts referred to in paragraph (5)(b).

Annotations:
Commencement Information
I10

Reg. 10 in force at 6.3.2019 with effect in accordance with reg. 1(3)-(8), see reg. 1(2)

PART 5Initiation and conduct of an investigation

CHAPTER 1General provisions and the use of information

Purpose of Part 5I1111

Pursuant to paragraphs 7, 8 and 30 of Schedule 5 to the Act, the initiation and conduct of investigations are subject to this Part.

Annotations:
Commencement Information
I11

Reg. 11 in force at 6.3.2019 with effect in accordance with reg. 1(3)-(8), see reg. 1(2)

General provisionsI1212

1

Subject to any contrary provision made in this Part, the TRA may do anything it considers appropriate in connection with the exercise of any of its functions in accordance with these Regulations.

2

In particular, the TRA may—

a

consider information supplied to it by any person;

b

request that any person supply information to it;

c

set time limits for responses to its requests and vary such time limits;

d

specify the format or structure of responses to its requests;

e

accept information supplied to it outside any applicable time limit.

Annotations:
Commencement Information
I12

Reg. 12 in force at 6.3.2019 with effect in accordance with reg. 1(3)-(8), see reg. 1(2)

Revision of scope of an investigationI1313

1

This regulation applies after the TRA has published a notice of its determination to initiate an investigation in accordance with paragraph 7(6)(b) of Schedule 5 to the Act.

2

Subject to paragraph (3), the TRA must not revise the scope of an investigation.

3

The TRA may revise the scope of an investigation so as to amend—

a

the description of the goods concerned; or

b

the period of investigation,

where it has provided interested parties and contributors with reasons for the proposed revision and has given them an opportunity to comment.

4

In determining whether to revise the scope of an investigation under paragraph (3), the TRA must consider—

a

the likelihood of it having determined to initiate an investigation with the scope as set out in its proposed revision had the information available to it after the initiation of an investigation been set out in the application;

b

whether the proposed revision may cause any prejudice to the interests of any interested party or contributor; and

c

whether the proposed revision will prevent the TRA from proceeding with the investigation expeditiously.

5

Where the TRA has made a determination under this regulation to revise the scope of the investigation, it must publish an amended notice of initiation.

Annotations:
Commencement Information
I13

Reg. 13 in force at 6.3.2019 with effect in accordance with reg. 1(3)-(8), see reg. 1(2)

Deemed serviceI1414

Any document submitted to the TRA is deemed to have been submitted on the earlier of—

a

the first working day after the day on which it is received by the TRA; or

b

the day on which the TRA issues an acknowledgement of receipt.

Annotations:
Commencement Information
I14

Reg. 14 in force at 6.3.2019 with effect in accordance with reg. 1(3)-(8), see reg. 1(2)

Public fileI1515

The TRA must, in respect of every investigation, establish and maintain a file which is open to the public (a “public file”) containing information, other than confidential information, which the TRA considers material to the investigation.

Annotations:
Commencement Information
I15

Reg. 15 in force at 6.3.2019 with effect in accordance with reg. 1(3)-(8), see reg. 1(2)

Confidential informationI1616

1

Paragraph (3) applies where a person—

a

supplies information to the TRA in connection with the exercise by the TRA of any of its functions under the Act or these Regulations;

b

either—

i

requests the TRA to treat that information as confidential on the grounds that that information is by its nature confidential; or

ii

supplies that information to the TRA on a confidential basis;

c

demonstrates to the TRA good cause as to why the TRA must treat such information as confidential; and

d

submits—

i

a non-confidential summary (see paragraph (6)(a)) of that information; or

ii

in exceptional circumstances, a statement of reasons (see paragraph (6)(b)).

2

For the purpose of paragraph (1)(b)(i), information that is by its nature confidential includes information which, if disclosed, would—

a

be of significant competitive advantage to a competitor of the person supplying the information; or

b

have a significant adverse effect on—

i

the person supplying the information; or

ii

any person from whom the person supplying the information had acquired it.

3

Where this paragraph applies, the TRA must treat such information as confidential.

4

The TRA may treat information as confidential where it is supplied to it otherwise than in accordance with paragraph (1), and, where it does so, it must—

a

inform the person supplying the information that it intends to treat that information as confidential; and

b

request that that person submits a sufficiently detailed non-confidential summary of that information.

5

The Secretary of State must treat as confidential the information supplied by the TRA under regulation 17(2) which the TRA identifies as information that it is treating as confidential under this regulation.

6

In this regulation—

a

a “non-confidential summary” in relation to information means a sufficiently detailed summary for the public file referred to in regulation 15 (public file) which would enable a person other than the TRA to have a reasonable understanding of—

i

the substance of the information to which it relates; and

ii

its potential relevance to the exercise of any function by the TRA under the Act or these Regulations;

b

a “statement of reasons” means a statement setting out the reasons of a person supplying information to the TRA as to why the TRA should treat that information as confidential and why summarisation of that information in accordance with this regulation is not possible.

Annotations:
Commencement Information
I16

Reg. 16 in force at 6.3.2019 with effect in accordance with reg. 1(3)-(8), see reg. 1(2)

Permitted disclosureI1717

1

The TRA or the Secretary of State may disclose information which the TRA or the Secretary of State treats as confidential where such disclosure is—

a

made with the consent of the person supplying the information;

b

made for the purpose of court or tribunal proceedings in the United Kingdom relating to the exercise by the TRA or the Secretary of State of any functions under the Act or these Regulations;

c

made for the purpose of an international dispute relating to the exercise by the TRA or the Secretary of State of any functions under the Act or these Regulations; or

d

required or permitted by any other enactment or rule of law.

2

The TRA may disclose to the Secretary of State information that it is treating as confidential for the purpose of the Secretary of State exercising functions under the Act or these Regulations.

3

Where the TRA or the Secretary of State has a discretion to make a disclosure under paragraph (1)(b), (c) or (d), the TRA or the Secretary of State must consider whether such disclosure is likely to allow, or result in, such information being made available to a competitor of—

a

the person supplying that information; or

b

the person to which the information relates.

4

In paragraph (1)(d), reference to an enactment includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.

Annotations:
Commencement Information
I17

Reg. 17 in force at 6.3.2019 with effect in accordance with reg. 1(3)-(8), see reg. 1(2)

The use of information and facts available to the TRA from secondary sourcesI1818

1

This regulation applies in respect of the exercise by the TRA of functions under the Act or these Regulations.

2

The TRA must have regard to information supplied to it by an applicant UK producer, an interested party, a contributor or any other person from whom it has requested information, provided that the information—

a

is verifiable;

b

has been appropriately submitted such that the TRA may use the information without undue difficulty;

c

has been supplied to it within any applicable time limit; and

d

where relevant, has been supplied to it in a form that it has requested.

3

The TRA must not have regard to oral statements referred to in regulation 28(4) unless—

a

those statements are reproduced in writing; and

b

it has made the written reproductions available to interested parties and contributors.

4

The TRA may disregard information which it treats as confidential (which it would otherwise have had regard to) where the person supplying that information has not supplied a non-confidential summary or a statement of reasons in accordance with regulation 16 (confidential information), unless it is satisfied from appropriate sources that such information is correct.

5

The TRA may make a determination on the basis of information obtained from secondary sources, including information supplied in an application, provided that it—

a

does so with special circumspection; and

b

where practicable, verifies such information from independent sources, including but not limited to published price lists, official import statistics or customs returns and data pertaining to the relevant markets.

Annotations:
Commencement Information
I18

Reg. 18 in force at 6.3.2019 with effect in accordance with reg. 1(3)-(8), see reg. 1(2)

Acceptance or rejection of informationI1919

1

Where a person has supplied information to the TRA outside any applicable time limit, the TRA may accept such information where it considers that—

a

doing so would not significantly impede the progress of an investigation; or

b

it is appropriate to accept that information, having regard to the potential significance of the information on any determination it may make and any explanation provided by that person as to why it should accept that information.

2

Where the TRA rejects information for any reason, it must publish its reasons for rejection in the statement of intended final determination (see regulation 29) or, where such information is rejected after the statement of intended final determination has been published, in the final affirmative or final negative determination.

Annotations:
Commencement Information
I19

Reg. 19 in force at 6.3.2019 with effect in accordance with reg. 1(3)-(8), see reg. 1(2)

Non-cooperationI2020

1

Where the TRA determines that an interested party has failed to cooperate with an investigation or has otherwise significantly impeded the progress of an investigation (a “non-cooperative party”), it may disregard the information supplied by that party.

2

For the purpose of paragraph (1), the TRA must not determine that an interested party is a non-cooperative party where it—

a

determines that that interested party has acted to the best of their ability to cooperate with an investigation; or

b

has accepted that compliance with any request for information to be supplied in a particular form would be unreasonably burdensome to that party.

Annotations:
Commencement Information
I20

Reg. 20 in force at 6.3.2019 with effect in accordance with reg. 1(3)-(8), see reg. 1(2)

CHAPTER 2Initiation of an investigation

ApplicationI2121

1

An application made by applicant UK producers must contain as much of the information listed in paragraph 1 of the Schedule as is reasonably available to them.

2

An application referred to in paragraph (1) may contain such additional information as the applicant UK producers consider relevant.

3

Where applicant UK producers, by notice in writing to the TRA, withdraw their application prior to the publication of the notice referred to in paragraph 7(6)(b) of Schedule 5 to the Act, the application is considered not to have been made.

Annotations:
Commencement Information
I21

Reg. 21 in force at 6.3.2019 with effect in accordance with reg. 1(3)-(8), see reg. 1(2)

Market share requirementI2222

For the purpose of paragraph 7 of Schedule 5 to the Act, the market share requirement is met where the TRA is satisfied that UK producers' “share” of the market is—

a

at least 1 per cent.; or

b

such other higher share as the TRA considers appropriate taking into account the goods and the particular market for those goods.

Annotations:
Commencement Information
I22

Reg. 22 in force at 6.3.2019 with effect in accordance with reg. 1(3)-(8), see reg. 1(2)

Assessment of an applicationI2323

1

The TRA must examine the accuracy and adequacy of the information contained in, or supplied with, an application to determine whether it is sufficient to justify the initiation of an investigation under paragraph 7 of Schedule 5 to the Act.

2

For the purpose of paragraph 7(1)(a)(i) of Schedule 5 to the Act, an application is made by or on behalf of UK producers where the TRA determines that the application is supported by UK producers whose collective output constitutes at least 25 per cent. of the total production in the United Kingdom of the like goods and directly competitive goods, and is not opposed by other UK producers of the like goods and directly competitive goods whose collective output is greater than or equal to that percentage.

3

The TRA may reject an application which it considers does not satisfy the requirements in regulation 21(1), but it must not do so where the requirement in question has been expressly waived by it.

4

The TRA may reject an application if it is not made via the TRA's case management system.

Annotations:
Commencement Information
I23

Reg. 23 in force at 6.3.2019 with effect in accordance with reg. 1(3)-(8), see reg. 1(2)

CHAPTER 3Conduct of an investigation

Registration of interest and the issuing of questionnairesI2424

1

Where the TRA has made a determination to initiate an investigation, it must set a period during which interested parties and any other person may make themselves known to the TRA (a “registration period”).

2

The TRA may issue a questionnaire (see regulation 25) to—

a

interested parties who have made themselves known to the TRA during the registration period;

b

UK producers, importers and overseas exporters (or associations thereof) which the applicant UK producers have identified in their application; and

c

contributors who have made themselves known to the TRA during the registration period.

3

Where the TRA uses a limited examination in accordance with regulation 26 (limited examination), it may limit the issuing of questionnaires to those interested parties included in that examination.

4

Where an interested party or a contributor makes themselves known to the TRA after the end of the registration period, the TRA may issue a questionnaire to that person if it is satisfied that doing so would not significantly impede the progress of the investigation.

5

Where an interested party makes themselves known to the TRA after the end of the registration period, the TRA may include that party in a limited examination in accordance with regulation 26 (limited examination).

F786

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Form of questionnaires and deficiency noticeI2525

1

Subject to paragraph (2), the questionnaire referred to in regulation 24 (registration of interest and the issuing of questionnaires) may take such form and contain such questions and other material as the TRA considers appropriate for the purpose of the investigation.

2

A questionnaire must set out the date by which it must be returned to the TRA.

3

Where, following a review of the returned questionnaire, the TRA determines that it is incomplete or that the information supplied to it is inadequate, it may issue a notice to the relevant interested party or contributor requesting clarification or supplementary information (a “deficiency notice”).

4

The deficiency notice must set out a time limit by which any missing, clarificatory or supplementary information is to be supplied.

Annotations:
Commencement Information
I25

Reg. 25 in force at 6.3.2019 with effect in accordance with reg. 1(3)-(8), see reg. 1(2)

Limited examinationI2626

1

The TRA may, where it considers it appropriate for the purpose of making any determination or conducting any analysis under the Act or these Regulations, limit its examination to a sample of—

a

categories of goods;

b

UK producers;

c

transactions for the purchase of the like goods and directly competitive goods in the United Kingdom; or

d

anything else the TRA considers it appropriate to examine in order to make its determination.

2

Where the TRA limits its examination in accordance with this regulation, it may use any reasonable method to determine the sample it considers appropriate.

Annotations:
Commencement Information
I26

Reg. 26 in force at 6.3.2019 with effect in accordance with reg. 1(3)-(8), see reg. 1(2)

Authentication visit and authentication visit reportI2727

1

The TRA may make such arrangements in connection with an authentication visit as it considers appropriate.

2

Where the TRA conducts an authentication visit, it must—

a

provide a written report on the authentication visit (an “authentication report”) to the person subject to that visit;

b

require the person subject to an authentication visit to supply it with a version of the authentication report with summarisation of the information that it requests the TRA to treat as confidential (a “non-confidential authentication report”); and

c

set a time limit by which the non-confidential authentication report is to be supplied.

3

In the application of regulation 16 (confidential information) to this regulation, a reference in that regulation to—

a

the supply of information is to be taken to include information obtained by the TRA from the person subject to an authentication visit; and

b

a non-confidential summary is to be taken to include a non-confidential authentication report.

Annotations:
Commencement Information
I27

Reg. 27 in force at 6.3.2019 with effect in accordance with reg. 1(3)-(8), see reg. 1(2)

HearingI2828

1

The TRA may conduct a hearing at any time during an investigation either—

a

at the request of any interested party; or

b

on its own initiative.

2

The TRA must notify interested parties and contributors of any processes and procedures to be adopted at a hearing in advance of it taking place.

3

When deciding whether and how to conduct a hearing, the TRA must have regard to—

a

the need to preserve the confidentiality of information it is treating as confidential in accordance with regulation 16(3) or (4); and

b

whether holding a hearing and whether such processes and procedures it proposes to adopt at a hearing would be convenient to interested parties and contributors.

4

The TRA must allow interested parties and contributors to present their views by written and oral statements (see regulation 18(3)).

5

Where the TRA decides to conduct a hearing, it—

a

must give sufficient notice of the hearing to interested parties and contributors;

b

must allow interested parties and contributors to attend; and

c

may request that an interested party or a contributor intending to attend to supply the TRA with the information they wish to rely on at the hearing.

6

Where the TRA makes a request referred to in paragraph (5)(c), it must set a time limit by which such a request must be complied with.

7

An interested party or a contributor is not under an obligation to attend a hearing.

8

The TRA must not determine that an interested party who fails to attend a hearing is a non-cooperative party (see regulation 20) or that such failure to attend is otherwise prejudicial to its interests.

Annotations:
Commencement Information
I28

Reg. 28 in force at 6.3.2019 with effect in accordance with reg. 1(3)-(8), see reg. 1(2)

F71Alternative options for final affirmative determination28A

The TRA must consider giving two or more options as part of its recommendation to the Secretary of State under paragraph 16(3) of Schedule 5 to the Act in the following circumstances—

a

where the TRA considers that applying a definitive safeguarding amount or making relevant goods subject to a tariff rate quota in accordance with its proposed recommendation would not meet the economic interest test;

b

where the TRA otherwise considers that it is appropriate.

DisclosureI2929

1

Before making a final affirmative or final negative determination for the purpose of paragraph 9(5) of Schedule 5 to the Act, the TRA must—

a

publish a statement (a “statement of intended final determination”) which sets out—

i

the final determination that it intends to make (“intended final determination”);

ii

a summary of the facts considered by the TRA during its investigation;

iii

those facts referred to in sub-paragraph (ii) that formed the basis of the intended final determination; and

b

inform interested parties who have supplied information that has been considered by the TRA—

i

how it has used the information supplied by that party in making the intended final determination; and

ii

of the details of the TRA's assessment forming the basis of the intended final determination.

2

The TRA must specify in the statement of intended final determination a period during which it will consider comments on that statement from interested parties, contributors or any other person who has supplied information to it.

Annotations:
Commencement Information
I29

Reg. 29 in force at 6.3.2019 with effect in accordance with reg. 1(3)-(8), see reg. 1(2)

CHAPTER 4Termination of an investigation

TerminationI3030

1

The TRA may, where it considers it appropriate, terminate an investigation on the request of the applicant UK producers.

2

Where the TRA rejects a request referred to in paragraph (1), it must—

a

publish a notice of its determination setting out the reasons for its determination; and

b

notify interested parties and contributors.

3

Where the TRA terminates an investigation under this regulation, it must—

a

publish a notice containing the information referred to in referred to in paragraph 8 of the Schedule; and

b

notify interested parties and contributors.

Annotations:
Commencement Information
I30

Reg. 30 in force at 6.3.2019 with effect in accordance with reg. 1(3)-(8), see reg. 1(2)

CHAPTER 5Content of notices, preliminary adjustment plans and adjustment plans

Content of noticesI3131

1

A notice published by the TRA in accordance with Schedule 5 to the Act and these Regulations must contain the information listed in the Schedule to these Regulations applicable to the type of notice in question.

2

A notice published by the Secretary of State in accordance with Schedule 5 to the Act and these Regulations must contain the information listed in the Schedule to these Regulations applicable to the type of notice in question.

3

A notice referred to in paragraph (1) may contain any other information as the TRA considers appropriate.

4

A notice referred to in paragraph (2) may contain any other information as the Secretary of State considers appropriate.

Annotations:
Commencement Information
I31

Reg. 31 in force at 6.3.2019 with effect in accordance with reg. 1(3)-(8), see reg. 1(2)

Form and content of a preliminary adjustment plan or an adjustment planI3232

1

A preliminary adjustment plan referred to in paragraph 7(3) of Schedule 5 to the Act or an adjustment plan referred to in paragraph 16(5)(b) of Schedule 5 to the Act may be in such form as the TRA is willing to accept.

2

A preliminary adjustment plan or an adjustment plan may contain information relating to—

a

how UK producers intend to adjust to the importation of the goods identified or the goods concerned in increased quantities as appropriate;

b

potential innovation, research and development initiatives to improve the competitiveness of UK producers; and

c

changes which UK producers intend to make to improve efficiency, including workforce effectiveness and investing in new or different machinery.

3

The TRA must determine whether the content of an adjustment plan contains sufficient information to enable it to make a recommendation under paragraph 16(3) of Schedule 5 to the Act.

4

In making an assessment under paragraph (3), the TRA may seek additional information from UK producers and take into consideration any factors it considers relevant.

Annotations:
Commencement Information
I32

Reg. 32 in force at 6.3.2019 with effect in accordance with reg. 1(3)-(8), see reg. 1(2)

PART 6Reviews

Purpose of Part 6I3333

Reviews by the TRA of the continuing application, including variation, revocation and extension, of a definitive safeguarding remedy to goods pursuant to paragraph 21 of Schedule 5 to the Act are subject to the provisions of this Part.

Annotations:
Commencement Information
I33

Reg. 33 in force at 6.3.2019 with effect in accordance with reg. 1(3)-(8), see reg. 1(2)

F72Early review33A

1

The Secretary of State may, within 60 days of the application, variation, extension or suspension of a definitive safeguarding remedy under Part 4 of Schedule 5 to the Act or Part 6, Part 7 or Part 7A of these Regulations, request that the TRA undertakes a review of the application, variation, extension or suspension of that remedy (as the case may be) by reference to any matters specified in the request, with a view to varying or revoking it (an “early review”).

2

Paragraph (1) does not apply in relation to a definitive safeguarding remedy which is maintained, varied or revoked as a result of an early review under this regulation.

3

The Secretary of State may request an early review where the Secretary of State considers that—

a

there is information that the TRA did not take into account in its investigation or review that is relevant to the definitive safeguarding remedy;

b

the TRA made an error in relation to its recommendation; or

c

exceptional circumstances make the request appropriate.

4

Before making a request under paragraph (1), the Secretary of State must consult the TRA.

5

Where the Secretary of State makes a request under paragraph (1), the TRA must—

a

comply with the request;

b

in reviewing the definitive safeguarding remedy, have regard to any particular considerations which the Secretary of State may specify in the request.

6

Where the TRA initiates an early review, the TRA must—

a

publish a notice (a “notice of initiation of a review”) containing the information set out in paragraph 9 of the Schedule; and

b

notify the Secretary of State and interested parties accordingly.

7

Following the conclusion of an early review, the TRA may determine that the application of a definitive safeguarding remedy should be—

a

maintained in accordance with the relevant public notice made under section 13 of the Act;

b

varied; or

c

revoked.

Mid-term reviewI3434

1

Where a definitive safeguarding remedy is intended to apply for more than three years, the TRA must initiate a review (a “mid-term review”) not later than half way through the intended duration of that remedy, to consider whether—

a

its continuing application is necessary to—

i

remove the serious injury, or to prevent further serious injury, caused by the importation of the goods subject to review in increased quantities, to UK producers; or

ii

facilitate the adjustment by those UK producers to the importation of the goods subject to review in increased quantities; and

b

an alternative definitive safeguarding amount or tariff rate quota would better meet the aim of—

i

removing or preventing serious injury to UK producers; or

ii

facilitating the adjustment by those UK producers to the importation of the goods subject to review in increased quantities.

2

F81Where the TRA decides to initiate a mid-term review under paragraph (1), the TRA must notify the Secretary of State that it intends to initiate a mid-term review and, after the relevant interval, must take the following steps in the order in which they are set out—

F82aa

initiate the review;

a

publish a notice of its determination to initiate a mid-term review (a “notice of initiation of a review”) containing the information referred to in paragraph 9 of the Schedule; and

b

notify the Secretary of State and interested parties.

F792A

In paragraph (2), the “relevant interval” is the period of two working days beginning with the first working day after the day on which the TRA notifies the Secretary of State of its intention to initiate the review.

3

In conducting a mid-term review, the TRA may consider, among other things—

a

whether the circumstances under which the definitive safeguarding remedy was applied have changed significantly;

b

whether it is likely that serious injury will recur if the definitive safeguarding remedy is revoked;

c

whether serious injury has been removed or reduced, in whole or in part, due to the application of the definitive safeguarding remedy;

d

information on progress in implementing the adjustment plan to help decide if the pace of liberalisation is appropriate.

4

Following the conclusion of a mid-term review, the TRA may determine that the application of a definitive safeguarding remedy should be—

a

maintained in accordance with the relevant public notice made under section 13 of the Act;

b

varied F25...; or

c

revoked.

F805

Where the TRA proposes to make a determination under paragraph (4)(a) the TRA must notify the Secretary of State of its proposed determination.

6

Where the Secretary of State has been notified in accordance with paragraph (5), the Secretary of State may, within the relevant period (and subject to paragraph (7)), request that the TRA reassess its proposed determination by reference to any matter specified in the request.

7

The Secretary of State may only make a request under paragraph (6) where the Secretary of State considers that—

a

there is information that the TRA did not take into account in its review that is relevant to the proposed determination;

b

the TRA has made an error in relation to its proposed determination; or

c

exceptional circumstances make the request appropriate.

8

The TRA must comply with a request under paragraph (6).

9

The TRA may not make its proposed determination until—

a

the relevant period has ended; or

b

if the Secretary of State informs the TRA within the relevant period that the Secretary of State will not make a request under paragraph (6), the time when the TRA receives that information.

10

For the purposes of paragraphs (6) and (9), the “relevant period” is the period of 21 days beginning with the day on which the TRA notifies the Secretary of State that it proposes to make the determination in question.

Extension reviewI3535

1

The TRA may conduct a review (an “extension review”) to consider whether the expiry of a definitive safeguarding remedy would likely result in a continuation or recurrence of serious injury to UK producers of the relevant goods.

2

The TRA may initiate an extension review—

a

following the receipt of an application made by or on behalf of UK producers; or

b

on its own initiative.

F832A

Where an application is made under paragraph (2)(a), the TRA must notify the Secretary of State of that application before the end of the second working day after the day on which it receives the application.

F863

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

An application for an extension review must not be made more than 12 months before the scheduled expiry of a definitive safeguarding remedy.

5

F87Where the TRA decides to initiate an extension review, the TRA must notify the Secretary of State that it intends to initiate an extension review and, after the relevant interval, must take the following steps in the order in which they are set out

F88aa

initiate the review;

a

publish a notice of its determination to initiate an extension review (a “notice of initiation of a review”) containing the information referred to in paragraph 9 of the Schedule; and

b

notify the Secretary of State and interested parties.

F845A

In paragraph (5), the “relevant interval” is the period of two working days beginning with the first working day after the day on which the TRA notifies the Secretary of State of its intention to initiate the review.

6

In conducting an extension review, the TRA must consider—

a

whether the importation of the goods subject to review in increased quantities is likely to recur;

b

whether serious injury has been removed, or reduced, in whole or in part due to the application of the definitive safeguarding remedy;

c

whether it is likely that serious injury will recur if the application of the definitive safeguarding remedy is not extended;

d

whether the circumstances of UK producers, or domestic or overseas market conditions, are such that the serious injury caused by the importation of the goods subject to review in increased quantities is likely to recur;

e

any adjustments made by UK producers; and

f

any other factors it considers relevant.

7

Following an extension review, the TRA may determine that—

a

the application of a definitive safeguarding remedy to the goods subject to review should expire in accordance with the public notice made under section 13 of the Act; or

b

the application of such remedy be extended for a period which is necessary to—

i

prevent or remove serious injury; and

ii

facilitate adjustment by UK producers.

F857A

Where the TRA proposes to make a determination under paragraph (7)(a) the TRA must notify the Secretary of State of its proposed determination.

7B

Where the Secretary of State has been notified in accordance with paragraph (7A), the Secretary of State may, within the relevant period (and subject to paragraph (7C)), request that the TRA reassess its proposed determination by reference to any matter specified in the request.

7C

The Secretary of State may only make a request under paragraph (7B) where the Secretary of State considers that—

a

there is information that the TRA did not take into account in its review that is relevant to the proposed determination;

b

the TRA has made an error in relation to its proposed determination; or

c

exceptional circumstances make the request appropriate.

7D

The TRA must comply with a request under paragraph (7B).

7E

The TRA may not make its proposed determination until—

a

the relevant period has ended; or

b

if the Secretary of State informs the TRA within the relevant period that the Secretary of State will not make a request under paragraph (7B), the time when the TRA receives that information.

7F

For the purposes of paragraphs (7B) and (7E), the “relevant period” is the period of 21 days beginning with the day on which the TRA notifies the Secretary of State that it proposes to make the determination in question.

8

Where the TRA makes a determination under paragraph (7)(b), the TRA—

a

must determine that the pace of liberalisation of the definitive safeguarding remedy should be F26varied; and

b

may determine that F27... the definitive safeguarding remedy should be varied.

9

The period for which a definitive safeguarding remedy applies to goods as a consequence of this regulation must not exceed eight years and such period includes the specified period referred to in paragraph 16(3)(a) or (b) of Schedule 5 to the Act.

10

The TRA may reject an extension review application if it is not made via the TRA's case management system.

11

Where the TRA rejects an extension review application, it must notify the review applicant.

F17Discontinuation review35A

1

The TRA may conduct a review to consider whether a definitive safeguarding remedy should be revoked (a “discontinuation review”) where it is satisfied that there is sufficient information indicating that—

a

there may have been a lasting change of circumstances since the application of the relevant definitive safeguarding remedy; and

b

as a result, UK producers may no longer be suffering serious injury, or may cease to suffer such injury if the relevant definitive safeguarding remedy is revoked.

2

The TRA may initiate a discontinuation review on its own initiative.

3

F91Where the TRA decides to initiate a discontinuation review, the TRA must notify the Secretary of State that it intends to initiate a discontinuation review and, after the relevant interval, must take the following steps in the order in which they are set out—

F92aa

initiate the review;

a

publish a notice of its decision to initiate that review (a “notice of initiation of a review”) containing the information set out in paragraph 9 of the Schedule; and

b

notify the Secretary of State and interested parties.

F893A

In paragraph (3), the “relevant interval” is the period of two working days beginning with the first working day after the day on which the TRA notifies the Secretary of State of its intention to initiate the review.

4

In conducting a discontinuation review, the TRA—

a

must determine whether—

i

there has been a lasting change of circumstances since the application of the relevant definitive safeguarding remedy; and

ii

UK producers have ceased to suffer serious injury or would not suffer such injury if the relevant definitive safeguarding remedy is revoked; and

b

may take into account any factors that it considers relevant.

5

Following a discontinuation review, the TRA may determine that the application to goods of a definitive safeguarding remedy subject to review should be—

a

maintained in accordance with the relevant public notice made under section 13 of the Act; or

b

revoked.

F906

Where the TRA proposes to make a determination under paragraph (5)(a) the TRA must notify the Secretary of State of its proposed determination.

7

Where the Secretary of State has been notified in accordance with paragraph (6), the Secretary of State may, within the relevant period (and subject to paragraph (8)), request that the TRA reassess its proposed determination by reference to any matter specified in the request.

8

The Secretary of State may only make a request under paragraph (7) where the Secretary of State considers that—

a

there is information that the TRA did not take into account in its review that is relevant to the proposed determination;

b

the TRA has made an error in relation to its proposed determination; or

c

exceptional circumstances make the request appropriate.

9

The TRA must comply with a request under paragraph (7).

10

The TRA may not make its proposed determination until—

a

the relevant period has ended; or

b

if the Secretary of State informs the TRA within the relevant period that the Secretary of State will not make a request under paragraph (7), the time when the TRA receives that information.

11

For the purposes of paragraphs (7) and (10), the “relevant period” is the period of 21 days beginning with the day on which the TRA notifies the Secretary of State that it proposes to make the determination in question.

Tariff rate quota review35B

1

The TRA may conduct a review to consider whether a tariff rate quota to which goods are subject should be varied (a “TRQ review”) where it is satisfied that there is sufficient information indicating that there may have been a change of circumstances (see paragraph (9)) since the application of that tariff rate quota to those goods.

2

The TRA may initiate a TRQ review—

a

following the receipt of an application made by or on behalf of an interested party (a “TRQ review application”); or

b

on its own initiative.

F932A

Where an application is made under paragraph (2)(a), the TRA must notify the Secretary of State of that application before the end of the second working day after the day on which it receives the application.

3

The TRA may reject a TRQ review application if it is made before the end of the period of six months beginning with the conclusion of—

a

an investigation conducted under Part 5;

b

a mid-term review;

c

an extension review; or

d

the transition review (under Part 9) in respect of the same tariff rate quota.

4

The TRA may reject a TRQ review application if it is not made via the TRA’s case management system.

5

F97Where the TRA decides to initiate a TRQ review, the TRA must notify the Secretary of State that it intends to initiate a TRQ review and, after the relevant interval, must take the following steps in the order in which they are set out—

F96aa

initiate the review;

a

publish a notice of its decision to initiate a TRQ review (a “notice of initiation of a review”) containing the information set out in paragraph 9 of the Schedule; and

b

notify the Secretary of State and interested parties.

F945A

In paragraph (5), the “relevant interval” is the period of two working days beginning with the first working day after the day on which the TRA notifies the Secretary of State of its intention to initiate the review.

6

In conducting a TRQ review, the TRA—

a

need not make any assessments or determinations under Parts 2 to 4;

b

must determine whether there has been a change in circumstances (see paragraph (9)) since the application of the relevant tariff rate quota; and

c

may consider—

i

whether the amount or allocation of the tariff rate quota is appropriate for domestic market conditions;

ii

the desirability of maintaining, as far as possible, traditional trade flows;

iii

any other factors that it considers relevant.

7

Following a TRQ review, the TRA may determine that the tariff rate quota to which goods are subject should be—

a

maintained in accordance with the relevant public notice made under section 13 of the Act;

b

varied; or

c

where there is sufficient evidence that UK producers have ceased production of those goods, revoked.

F957A

Where the TRA proposes to make a determination under paragraph (7)(a) the TRA must notify the Secretary of State of its proposed determination.

7B

Where the Secretary of State has been notified in accordance with paragraph (7A), the Secretary of State may, within the relevant period (and subject to paragraph (7C)), request that the TRA reassess its proposed determination by reference to any matter specified in the request.

7C

The Secretary of State may only make a request under paragraph (7B) where the Secretary of State considers that—

a

there is information that the TRA did not take into account in its review that is relevant to the proposed determination;

b

the TRA has made an error in relation to its proposed determination; or

c

exceptional circumstances make the request appropriate.

7D

The TRA must comply with a request under paragraph (7B).

7E

The TRA may not make its proposed determination until—

a

the relevant period has ended; or

b

if the Secretary of State informs the TRA within the relevant period that the Secretary of State will not make a request under paragraph (7B), the time when the TRA receives that information.

7F

For the purposes of paragraphs (7B) and (7E), the “relevant period” is the period of 21 days beginning with the day on which the TRA notifies the Secretary of State that it proposes to make the determination in question.

F368

The TRA must not vary a tariff rate quota by—

a

reducing the rate of import duty that applies to goods subject to that quota; or

b

varying the period for which goods are subject to that quota.

9

For the purposes of paragraphs (1) and (6)(b), a change of circumstances may, among other things, be—

a

the fact that the tariff rate quota, or any part of the quota, has been exhausted;

b

a change in demand for the relevant goods;

c

the effect of an anti-dumping amount or a countervailing amount being applied to the relevant goods or like goods and directly competitive goods in the United Kingdom;

d

trade diversion in relation to the imposition of anti-dumping, countervailing, safeguard or other trade measures by a foreign country or territory;

e

the impact of the tariff rate quota on traditional trade flows;

f

the fact that imports from a developing country member of the WTO which have been excluded from the application of the tariff rate quota can no longer be excluded under regulation 43 (developing country exception);

g

the fact that imports from a developing country member of the WTO which have not been excluded from the application of the tariff rate quota should be excluded under regulation 43.

The conduct of reviewsI3636

1

Where the TRA considers it appropriate, the TRA may expand or limit the matters to be considered in a review.

2

The TRA must provide interested parties with an opportunity to comment prior to acting in accordance with paragraph (1).

3

The TRA may, where it considers it appropriate, terminate an extension review on the request of the review applicant.

4

Parts 2 to 5 apply to F98an early review,F30a mid-term review, an extension review or a discontinuation review to the extent that the TRA considers relevant.

F284A

Part 5 applies to a TRQ review to the extent that the TRA considers relevant.

5

If the TRA applies any part of Parts 2 to 5 to a review, any references in those Parts to “goods concerned” should be read as “goods subject to review”.

F296

Regulation 43 (developing country exception) applies to a review conducted under this Part, other than a discontinuation review, and, in the application of that regulation to such a review, the references in that regulation—

a

to the “application of a provisional safeguarding remedy or definitive safeguarding remedy” should be read as the “maintenance, expiry or variation of a safeguarding remedy following a review”; and

b

to “goods concerned” should be read as “goods subject to review”.

F18Meaning of “varied”36A

1

Where, other than following a TRQ review, the TRA determines that a definitive safeguarding remedy is to be varied under this Part, such variation may, among other things, comprise or include—

a

the replacement of the application of a definitive safeguarding amount with a tariff rate quota;

b

the replacement of a tariff rate quota with the application of a definitive safeguarding amount;

c

the variation of the level or pace of liberalisation.

TRA's recommendation to the Secretary of StateI3737

1

F99The TRA must make a recommendation to the Secretary of State, where it determines that the application of a definitive safeguarding remedy should be varied, revoked or replaced.

F1002

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1012A

Where, in relation to an early review under regulation 33A, a mid-term review under regulation 34 or an extension review under regulation 35, the TRA considers that there are two or more options which it could recommend under paragraph (1), it may give the Secretary of State each of those options as part of its recommendation.

2B

The TRA must consider whether it could give the Secretary of State two or more options as part of its recommendation under paragraph (1)—

a

in the case of an extension review, where the TRA considers that the extension of the application of the definitive safeguarding remedy in accordance with its proposed recommendation would not meet the economic interest test;

b

where the TRA otherwise considers that it is appropriate.

2C

Where, after considering whether it could give the Secretary of State two or more options as part of its recommendation in accordance with paragraph (1), the TRA considers that there is only one option which it could reasonably recommend under paragraph (1), it must give the Secretary of State its reasons for reaching that conclusion.

2D

Where the TRA gives the Secretary of State options, it must—

a

give the Secretary of State its reasons for including each option; and

b

inform the Secretary of State which option it prefers and why.

2E

Where, in the case of an extension review, the TRA makes a recommendation to extend the application of a definitive safeguarding remedy, it must advise the Secretary of State whether and why it considers that the extension of the application of that definitive safeguarding remedy in accordance with its recommendation, or in accordance with each option given under paragraph (2A), as the case may be, would meet the economic interest test.

3

Before making a recommendation that the application of a definitive safeguarding remedy be varied which comprises or includes varying (or providing for) the allocation of a tariff rate quota, the TRA must consult the Secretary of State regarding the proposed allocation.

4

The TRA's recommendation must include—

a

a description of the goods to which the recommendation relates;

b

the reasons for its recommendation;

c

where relevant, the recommended period for which the definitive safeguarding remedy should be applicable, which must begin on the day after the date of publication of the public notice under section 13 of the Act giving effect to the recommendation;

d

information which the TRA considers is likely to be relevant to the Secretary of State's decision as to whether it would not be in the public interest to accept the TRA's recommendation (see regulation 38);

e

any other information which the TRA considers relevant.

5

Where the TRA terminates a review but does not make a recommendation in accordance with paragraph (1), the TRA must—

a

publish a notice containing the information referred to in paragraph 12 of the Schedule; and

b

notify the Secretary of State and interested parties.

F102Powers of the Secretary of State in relation to the TRA’s recommendationI3838

1

Where the TRA makes a recommendation in accordance with regulation 37(1), the Secretary of State must F106—

a

accept or reject the recommendation; or

b

except in the case of a recommendation made in relation to an early review under regulation 33A, request that the TRA reassess its recommendation, by reference to any matters specified in the request, with a view to amending or replacing the recommendation.

F1031A

Where the Secretary of State accepts a recommendation which contains options given in reliance on paragraph 37(2A), the Secretary of State must decide which of those options to adopt.

2

The Secretary of State may reject the recommendation only if the Secretary of State is satisfied F107that it is not in the public interest to accept it.

F1042A

In considering the public interest under paragraph (2), where regulation 37(2E) applies the Secretary of State must have regard to the TRA’s advice on whether extending the application of a definitive safeguarding remedy in accordance with a recommendation, or in accordance with each option, as the case may be, would meet the economic interest test.

2B

Paragraph (2C) applies if—

a

the TRA makes a recommendation to vary or replace the application of a definitive safeguarding remedy; and

b

the Secretary of State rejects the recommendation.

2C

If the Secretary of State considers that it is in the public interest to do so, the Secretary of State may decide that the application of the definitive safeguarding remedy should be—

a

varied or replaced other than in accordance with the recommendation, subject to paragraph (2D) where applicable; or

b

revoked.

2D

Where the Secretary of State decides to vary a recommendation made by the TRA following a determination by the TRA under regulation 35B(7)(b), the restrictions in regulation 35B(8) apply to the Secretary of State’s decision under paragraph (2C)(a).

3

Where the Secretary of State rejects the recommendation F108and does not make a decision under paragraph (2C), the Secretary of State must—

a

publish a notice containing the information referred to in paragraph 10 or 11 of the Schedule;

b

notify interested parties; and

c

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

F1054

The Secretary of State may only make a request under paragraph (1)(b) where the Secretary of State considers that—

a

there is information that the TRA did not take into account in its review that is relevant to the recommendation;

b

the TRA made an error in relation to its recommendation; or

c

exceptional circumstances make the request appropriate.

5

Before making a request under paragraph (1)(b), the Secretary of State must consult the TRA.

6

Where the Secretary of State makes a request under paragraph (1)(b), the TRA must—

a

comply with the request; and

b

in reassessing its recommendation, have regard to any particular considerations which the Secretary of State may specify in the request.

F73Power to request assistance etc from TRA38A

1

The Secretary of State may request that the TRA give advice, information or other support to the Secretary of State for the purpose of allowing the Secretary of State to decide whether to make a decision under regulation 38(2C).

2

The Secretary of State may include in a request under paragraph (1) a requirement that the TRA investigate and provide a report on any matter specified in the request.

3

Before making a request under paragraph (1), the Secretary of State must consult the TRA.

4

The TRA must comply with a request under paragraph (1).

PART 7Suspension

Suspension of a definitive safeguarding remedyI3939

1

The TRA may make a recommendation to the Secretary of State (a “suspension recommendation”) that the application of a definitive safeguarding remedy be suspended for a specified period (the “period of suspension”) in relation to F31... the goods specified in the public notice made by the Secretary of State under section 13 of the Act.

2

The TRA may make a suspension recommendation where—

a

paragraph (3) applies;

b

it is satisfied that a suspension is appropriate; and

c

UK producers have been given the opportunity to comment on the suspension proposed in the application for suspension (see regulation 40).

3

This paragraph applies where the TRA, whether or not as a consequence of considering an application in accordance with regulation 40 (application for suspension), considers that the circumstances in paragraph (4) exist.

4

Those circumstances are that—

a

market conditions have changed temporarily; and

b

as a consequence of the change in market conditions, the serious injury caused to UK producers is unlikely to recur if the application of a definitive safeguarding remedy were to be suspended.

5

In considering whether to make a suspension recommendation, the TRA may take such steps as it considers appropriate.

6

Where the TRA rejects an application for suspension, the TRA must notify the applicant.

7

Where the TRA considers that it is not appropriate to make a suspension recommendation, it must—

a

publish a notice of the reasons for its determination; and

b

notify the Secretary of State and interested parties.

8

Where the TRA considers that it is appropriate to make a suspension recommendation, the recommendation must include—

a

the reasons for the TRA's determination;

b

the recommended period of suspension, which must begin on the day after the date of publication of the public notice under section 13 of the Act giving effect to the recommendation; and

c

any other information the TRA considers relevant.

9

If the TRA makes a suspension recommendation, the Secretary of State must decide whether to F109—

a

accept or reject the recommendation; or

b

request that the TRA reassess its recommendation, by reference to any matters specified in the request, with a view to amending or replacing the recommendation.

10

The Secretary of State may only reject a suspension recommendation where the Secretary of State considers that it is not in the public interest to accept it.

F11010A

Paragraph (10B) applies if the recommendation is rejected.

10B

If the Secretary of State considers that it is in the public interest to do so, the Secretary of State may decide to vary the recommended period of suspension, subject to regulation 41(1).

10C

Where the Secretary of State makes a decision under paragraph (10B), the Secretary of State must lay a statement before the House of Commons setting out the reasons for making the decision.

11

Where the Secretary of State rejects a suspension recommendation, F112and does not make a decision under paragraph (10B) the Secretary of State must—

a

publish a notice containing the information referred to in paragraph 13 of the Schedule;

b

notify interested parties; and

c

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

12

Where the application of a definitive safeguarding remedy is suspended under this Part, the period of suspension counts towards the specified period of the definitive safeguarding remedy as stated in the relevant public notice.

F11113

The Secretary of State may only make a request under paragraph (9)(b) where the Secretary of State considers that—

a

there is information that the TRA did not take into account in its consideration of whether the circumstances in paragraph (4) exist that is relevant to that consideration;

b

the TRA made an error in relation to its recommendation; or

c

exceptional circumstances make the request appropriate.

14

Before making a request under paragraph (9)(b), the Secretary of State must consult the TRA.

15

Where the Secretary of State makes a request under paragraph (9)(b), the TRA must—

a

comply with the request; and

b

in reassessing its recommendation, have regard to any particular considerations which the Secretary of State may specify in the request.

Application for suspensionI4040

1

An application for suspension of a definitive safeguarding remedy (a “suspension application”) in accordance with regulation 39 (suspension of a definitive safeguarding remedy) may be made by or on behalf of an interested party.

2

A suspension application to the TRA must include as far as possible information regarding—

a

the change in the market conditions;

b

the temporary nature of that change; and

c

the effect of the change on UK producers.

F1132A

Where an application is made under paragraph (1) the TRA must notify the Secretary of State of that application before the end of the second working day after the day on which it receives the application.

3

Where a suspension application is withdrawn by the applicant, the TRA may still consider whether it is appropriate to make a suspension recommendation (see regulation 39).

Period of suspensionI4141

1

The period of suspension referred to in regulation 39(1) must not exceed nine months commencing on the day after the publication of the public notice under section 13 of the Act giving effect to the suspension.

2

Following an application by an interested party, or where the TRA otherwise considers that it is appropriate, the TRA may recommend to the Secretary of State that the period of nine months referred to in paragraph (1) be extended to a maximum of 21 months (“extended period of suspension”).

3

Where the TRA makes a recommendation in accordance with paragraph (2), but the duration of the extended period of suspension recommended is less than 21 months, the TRA may make a further recommendation to the Secretary of State to increase the duration of the extended period of suspension where it considers it is appropriate to do so, provided that the overall duration of the extended period of suspension does not exceed 21 months.

4

Where the TRA rejects an application for an extension of the period of suspension, the TRA must notify the applicant.

5

Where the TRA considers that it is not appropriate to make a recommendation to extend the period of suspension, it must—

a

publish a notice of its determination and the reasons for it; and

b

notify the Secretary of State and interested parties.

6

Where the TRA considers that it is appropriate to make a recommendation to extend the period of suspension, the recommendation must include—

a

the reasons for its recommendation;

b

the recommended extended period of suspension, which must begin on the day after the date of publication of the public notice under section 13 of the Act giving effect to the recommendation; and

c

any other information the TRA considers relevant.

7

If the TRA makes a recommendation in accordance with this regulation, the Secretary of State must decide whether to F114—

a

accept or reject the recommendation; or

b

request that the TRA reassess its recommendation, by reference to any matters specified in the request, with a view to amending or replacing the recommendation.

8

The Secretary of State may only reject a recommendation where the Secretary of State considers that it is not in the public interest to accept the recommendation.

F1158A

Paragraph (8B) applies if the recommendation is rejected.

8B

If the Secretary of State considers that it is in the public interest to do so, the Secretary of State may decide to vary the recommended extended period of suspension, subject to paragraph (8C).

8C

Where the Secretary of State decides to vary the extended period of suspension—

a

the overall duration of the extended period of suspension must not exceed 21 months; and

b

the extended period of suspension must begin on the day after the date of publication of the public notice under section 13 of the Act giving effect to the decision.

8D

Where the Secretary of State makes a decision under paragraph (8B) the Secretary of State must lay a statement before the House of Commons setting out the reasons for making the decision.

9

Where the Secretary of State rejects a recommendation F117and does not make a decision under paragraph (8B), the Secretary of State must—

a

publish a notice containing the information referred to in paragraph 14 of the Schedule;

b

notify interested parties; and

c

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

F11610

The Secretary of State may only make a request under paragraph (7)(b) where the Secretary of State considers that—

a

there is information that the TRA did not take into account in its recommendation that is relevant to the recommendation;

b

the TRA made an error in relation to its recommendation; or

c

exceptional circumstances make the request appropriate.

11

Before making a request under paragraph (7)(b), the Secretary of State must consult the TRA.

12

Where the Secretary of State makes a request under paragraph (7)(b), the TRA must—

a

comply with the request; and

b

in reassessing its recommendation, have regard to any particular considerations which the Secretary of State may specify in the request.

Reinstatement of a definitive safeguarding remedyI4242

1

The TRA may make a recommendation to the Secretary of State to reinstate a definitive safeguarding remedy where it determines that the circumstances in regulation 39(4) no longer exist.

2

Where the TRA makes a recommendation in accordance with this regulation, the recommendation must include—

a

the reasons for the TRA's determination; and

b

any other information the TRA considers relevant.

3

If the TRA makes a recommendation under paragraph (1), the Secretary of State must decide whether to accept or reject it.

4

Where the Secretary of State accepts the recommendation, the Secretary of State must—

a

publish a public notice under section 13 of the Act containing the information referred to in paragraph 15 of the Schedule; and

b

notify interested parties.

5

The Secretary of State may only reject a recommendation where the Secretary of State considers that it is not in the public interest to accept the recommendation.

6

Where the Secretary of State rejects a recommendation, the Secretary of State must—

a

publish a notice containing the information referred to in paragraph 15 of the Schedule;

b

notify interested parties; and

c

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

Annotations:
Commencement Information
I42

Reg. 42 in force at 6.3.2019 with effect in accordance with reg. 1(3)-(8), see reg. 1(2)

F75Power to request assistance etc from TRA42ZA

1

The Secretary of State may request that the TRA give advice, information or other support to the Secretary of State for the purpose of allowing the Secretary of State to decide whether to make a decision under regulation 39(10B) or regulation 41(8B).

2

The Secretary of State may include in a request under paragraph (1) a requirement that the TRA investigate and provide a report on any matter specified in the request.

3

Before making a request under paragraph (1), the Secretary of State must consult the TRA.

4

The TRA must comply with a request under paragraph (1).

F19PART 7AInvestigation in light of an international dispute decision

Annotations:
Amendments (Textual)

General

Investigation in light of an international dispute decision42A

1

The Secretary of State may direct the TRA to investigate whether the application to goods of a definitive safeguarding remedy should be maintained, varied, or revoked in light of an international dispute decision.

2

In this Part, “international dispute investigation” means an investigation required by the Secretary of State under paragraph (1).

Suspension of a definitive safeguarding remedy42B

1

The Secretary of State may by public notice suspend the application to goods of a definitive safeguarding remedy for the period it is subject to an international dispute investigation.

2

The suspension begins the day after the day on which the public notice is published.

F373

The suspension ends the day after the day on which—

a

the TRA publishes notice under—

i

regulation 42F(2); or

F118ii

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

b

the Secretary of State publishes notice under—

i

paragraph 22(4)(a) of Schedule 5 to the Act; or

ii

regulation 42I(4)(a).

Investigation

Initiation42C

1

The TRA must publish notice of its initiation of the international dispute investigation.

2

The notice must contain the information set out in paragraph 16 of the Schedule.

Conduct42D

Parts 2 to 5 apply to the international dispute investigation to the extent the TRA considers relevant.

Determination42E

1

The TRA must determine whether the application to goods of the definitive safeguarding remedy should be maintained, varied, or revoked in light of the international dispute decision.

2

The TRA may make different determinations for different goods or descriptions of goods.

Determination

Determination to maintain42F

1

This regulation applies if the TRA determines the application to goods of a definitive safeguarding remedy should be maintained.

F1191A

Where the TRA proposes to make a determination under paragraph (1) the TRA must notify the Secretary of State of its proposed determination.

1B

Where the Secretary of State has been notified in accordance with paragraph (1A), the Secretary of State may, within the relevant period (and subject to paragraph (1C)), request that the TRA reassess its proposed determination by reference to any matter specified in the request.

1C

The Secretary of State may only make a request under paragraph (1B) where the Secretary of State considers that—

a

there is information that the TRA did not take into account in its investigation that is relevant to the proposed determination;

b

the TRA has made an error in relation to its proposed determination; or

c

exceptional circumstances make the request appropriate.

1D

The TRA must comply with a request under paragraph (1B).

1E

The TRA may not make its proposed determination until—

a

the relevant period has ended; or

b

if the Secretary of State informs the TRA within the relevant period that the Secretary of State will not make a request under paragraph (1B), the time when the TRA receives that information.

1F

For the purposes of paragraphs (1B) and (1E), the “relevant period” is the period of 21 days beginning with the day on which the TRA notifies the Secretary of State that it proposes to make the determination in question.

2

The TRA must publish notice of the determination.

3

The notice must contain the information set out in paragraph 17 of the Schedule.

Determination to vary42G

F1201

If the TRA determines the application to goods of a definitive safeguarding remedy should be varied, the TRA must make a recommendation to the Secretary of State to that effect.

F1222

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1212A

Where, in relation to a recommendation under paragraph (1), the TRA considers that there are two or more options which it could recommend, it may give the Secretary of State each of those options as part of its recommendation.

2B

The TRA must consider whether it could give the Secretary of State two or more options as part of its recommendation under paragraph (1)—

a

where the TRA considers that varying a definitive safeguarding remedy in accordance with its proposed recommendation would not meet the economic interest test (see paragraph 23 of Schedule 5 to the Act);

b

where the TRA otherwise considers that it is appropriate.

2C

Where, after considering whether it could give the Secretary of State two or more options as part of its recommendation in accordance with paragraph (1), the TRA considers that there is only one option which it could reasonably recommend under paragraph (2A), it must give the Secretary of State its reasons for reaching that conclusion.

2D

Where the TRA gives the Secretary of State options, it must—

a

give the Secretary of State its reasons for including each option; and

b

inform the Secretary of State which option it prefers and why.

2E

Where the TRA makes a recommendation under paragraph (1), it must advise the Secretary of State whether and why it considers that varying the application of a definitive safeguarding remedy in accordance with its recommendation, or in accordance with each option given under paragraph (2A), as the case may be, would meet the economic interest test.

F1233

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1244

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Determination to revoke42H

1

This regulation applies if the TRA determines the application to goods of a definitive safeguarding remedy should be revoked.

2

The TRA must recommend to the Secretary of State that the application to goods of the definitive safeguarding remedy is revoked.

Recommendation

F70Powers of the Secretary of State in relation to TRA’s recommendation42I

1

The Secretary of State must F128—

a

accept or reject the recommendation made under regulation 42G(1) or 42H(2); or

b

request that the TRA reassess its recommendation, by reference to any matters specified in the request, with a view to amending or replacing the recommendation.

F1251A

Where the Secretary of State accepts a recommendation which contains options given in reliance on paragraph 42G(2A), the Secretary of State must decide which of those options to adopt.

F1292

The Secretary of State may reject a recommendation under regulation 42G(1) only if the Secretary of State is satisfied it is not in the public interest to accept it.

F1303

The Secretary of State may reject a recommendation under regulation 42H(2) only if the Secretary of State is satisfied it is not in the public interest to accept it.

F1263A

In considering the public interest under paragraph (2), the Secretary of State must have regard to the TRA’s advice on whether the variation of the application of a definitive safeguarding remedy in accordance with the recommendation, or in accordance with each option, as the case may be, would meet the economic interest test.

3B

Paragraph (3C) applies if—

a

the TRA makes a recommendation to vary the application of a definitive safeguarding remedy; and

b

the Secretary of State rejects the recommendation.

3C

If the Secretary of State considers that it is in the public interest to do so, the Secretary of State may decide that the application of the definitive safeguarding remedy should be varied other than in accordance with the recommendation, or revoked.

4

If the Secretary of State rejects a recommendation F131and does not make a decision under paragraph (3C), the Secretary of State must—

a

publish notice of the recommendation and of the rejection of it F132containing the information set out in paragraph 18 of the Schedule;

b

notify interested parties; and

c

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

F1275

The Secretary of State may only make a request under paragraph (1)(b) where the Secretary of State considers that—

a

there is information that the TRA did not take into account in its investigation that is relevant to the recommendation;

b

the TRA made an error in relation to its recommendation; or

c

exceptional circumstances make the request appropriate.

6

Before making a request under paragraph (1)(b), the Secretary of State must consult the TRA.

7

Where the Secretary of State makes a request under paragraph (1)(b), the TRA must—

a

comply with the request; and

b

in reassessing its recommendation, have regard to any particular considerations which the Secretary of State may specify in the request.

F74Power to request assistance etc from TRA42J

1

The Secretary of State may request that the TRA give advice, information or other support to the Secretary of State for the purpose of allowing the Secretary of State to decide whether to make a decision under regulation 42I(3C).

2

The Secretary of State may include in a request under paragraph (1) a requirement that the TRA investigate and provide a report on any matter specified in the request.

3

Before making a request under paragraph (1), the Secretary of State must consult the TRA.

4

The TRA must comply with a request under paragraph (1).

PART 8

Supplementary

Developing country exceptionI4343

1

Subject to paragraph (2), the TRA must not recommend the application of a provisional safeguarding remedy or definitive safeguarding remedy to goods concerned which are imports from a developing country member of the WTO accounting for 3 per cent. or less of the total imports of those goods into the United Kingdom (a “low volume exporter”).

2

Paragraph (1) does not apply in respect of any developing country member of the WTO if the imports from all low volume exporters collectively account for more than 9 per cent. of the total imports of the goods concerned into the United Kingdom.

Annotations:
Commencement Information
I43

Reg. 43 in force at 6.3.2019 with effect in accordance with reg. 1(3)-(8), see reg. 1(2)

Other exceptionI4444

1

Where the TRA determines that the conditions in paragraph (2) are satisfied, the TRA F38may except goods originating from a foreign country or territory—

a

from the scope of a recommendation by the TRA to apply a provisional safeguarding remedy or definitive safeguarding remedy; and

b

from—

i

its assessment on whether the goods concerned have been or are being imported into the United Kingdom in increased quantities under Part 2 of these Regulations; and

ii

its determination on whether the importation of the goods concerned in increased quantities into the United Kingdom has caused or is causing serious injury to UK producers under Part 3 of these Regulations.

2

The conditions in this paragraph are satisfied where—

a

immediately before exit day, that foreign country or territory and the European Union were signatories to a free trade agreement;

b

that foreign country or territory and the United Kingdom are signatories to a free trade agreement; and

c

the free trade agreement referred to in paragraph (b) provides for the excepting of goods from the application of a safeguard measure within the meaning of Article XIX of GATT and the Agreement on Safeguards (being part of Annex 1A to the WTO Agreement) M3.

3

In this regulation—

a

a “free trade agreement” means an agreement that is or was notifiable under paragraph 7(a) of Article XXIV of GATT;

b

“GATT” means the General Agreement on Tariffs and Trade, part of Annex 1A to the WTO Agreement (as modified from time to time);

c

a “signatory to a free trade agreement” includes a reference to—

i

exchanging instruments, where the exchange constitutes the agreement;

ii

acceding to the agreement;

d

“WTO Agreement” means the agreement establishing the WTO signed at Marrakesh on 15 April 1994.

PART 9Transitional Provisions

Interpretation for Part 9I4545

In this Part—

  • “additional rate of import duty” means the rate of import duty applicable to goods outside of the amount of a quota;

  • F43“EU Regulation” means Commission Implementing Regulation (EU) 2019/159 of 31 January 2019 imposing definitive safeguard measures against imports of certain steel products;

  • F66“replacement day” means the day F44and time at which paragraph 1 of Schedule 7 to the Act comes into force in so far as it relates to any EU safeguard duty

  • “specified” means specified by the Secretary of State in the determination referred to in regulation 46(2).

F1Investigation before replacement day45A

The TRA must not initiate an investigation under paragraph 6(1) of Schedule 5 to the Act before replacement day.

Application before replacement day45B

The TRA must disregard a request to initiate an investigation under paragraph 7(1)(a)(i) of Schedule 5 to the Act if the application by or on behalf of UK producers of the goods is made before replacement day.

The Secretary of State's determinationI4646

1

The Secretary of State may, before replacement day, make a relevant determination.

2

A relevant determination is a determination that where, pursuant to the EU Regulation, tariff rate quotas are expected to apply to specified categories of steel products immediately before replacement day (referred to in this Part as “EU tariff rate quotas”), tariff rate quotas in respect of each of which the additional rate of import duty is the same as the corresponding EU rate, apply to the same categories of steel products upon and from replacement day until the appropriate date.

3

In setting the amount of a tariff rate quota, the Secretary of State must recalculate the volume of the EU tariff rate quota applicable to the same goods to reflect the circumstances of the United Kingdom.

4

The Secretary of State's determination must provide that the amount of each quota increases as the period for which the tariff rate quota applies progresses.

F85

The Secretary of State’s determination may provide for a part or the whole of a tariff rate quota to be allocated or utilised on such terms as the Secretary of State considers appropriate.

6

Except where the conditions in regulation 44(2) are satisfied or where paragraph (7) applies, a relevant determination must not except goods originating from a particular foreign country or territory from the application of a tariff rate quota.

7

This paragraph applies where the relevant goods are goods originating from a developing country member of the WTO that is a low volume exporter provided the imports, during such period as the TRA determines is appropriate, from all such members who are low volume exporters collectively account for no more than 9 per cent. of the total imports of such goods into the United Kingdom.

8

In this regulation—

  • “appropriate date” means the date upon which, pursuant to the EU Regulation, the definitive safeguard measures imposed by that regulation are due to expire;

  • “corresponding EU rate” means the additional rate of import duty in respect of an EU tariff rate quota;

  • “low volume exporter” has the meaning given by regulation 43(1);

  • F2...

  • “safeguarding amount” means an additional amount of import duty.

Notification etc of determinationI4747

1

The Secretary of State must publish a notice of the determination referred to in regulation 46(2).

2

The Secretary of State must F42, subject to regulation 52(3A), make provision by public notice to give effect to the determination.

3

The notice under paragraph (2) must—

a

specify, F40...—

i

which categories of steel products are subject to a tariff rate quota;

ii

the period for which each tariff rate quota will be applicable;

iii

the amount of the tariff rate quota applicable to each such category;

iv

the amount of the tariff rate quota applicable to each such category during each part of that period;

F9v

the allocation of the tariff rate quota;

vi

the rates of import duty to be applied to each category of steel products subject to a tariff rate quota;

F10vii

where applicable, the terms on which a part or the whole of a tariff rate quota is allocated or may be utilised.

b

provide details of the exclusion of any goods from the application of a tariff rate quota;

c

refer to the F41EU Regulation; and

F39d

be made no later than the end of the day before replacement day.

4

Paragraph (5) applies where the Secretary of State has made the determination referred to in regulation 46(1) and, before replacement day—

a

the Secretary of State has reconsidered the matter and determined that the tariff rate quotas referred to in regulation 46(2) should no longer apply upon and from that day;

b

any of the EU tariff rate quotas are varied or cease to apply to goods; or

c

the Secretary of State otherwise withdraws such a determination.

5

Where this paragraph applies, the Secretary of State must, where applicable—

a

publish a notice withdrawing the notice of the determination already published under paragraph (1);

b

publish a notice revoking the public notice already given under paragraph (2).

Treatment of tariff rate quotas under this Part etcI4848

1

Tariff rate quotas applicable to goods under this Part shall be treated as if they were tariff rate quotas applicable to goods following the Secretary of State's acceptance of a recommendation made by the TRA under paragraph 16(3) of Schedule 5 to the Act and, subject to the provision made by this Part and to the extent that the context permits, section 13 of the Act, that Schedule and the other Parts of these Regulations apply in relation to the former tariff rate quotas as they do in relation to tariff rate quotas applicable to goods following that acceptance.

2

For the purpose of the application, in accordance with paragraph (1), of the other Parts of these Regulations in relation to tariff rate quotas applicable to goods under this Part, a reference in any of those Parts to a public notice under section 13 of the Act shall, in the case of such tariff rate quotas, be taken to include a public notice referred to in this Part.

3

The date upon which a tariff rate quota applicable to goods under this Part began, shall be treated, for the purpose of any provision of Schedule 5 to the Act or these Regulations, as the date upon which the EU tariff rate quota in respect of the same category of steel products was imposed.

4

The date upon which an EU tariff rate quota was imposed is, in the case of a definitive measure preceded by a provisional one, the date of the imposition of the provisional measure.

Annotations:
Commencement Information
I48

Reg. 48 in force at 6.3.2019 with effect in accordance with reg. 1(3)-(8), see reg. 1(2)

Review of F45specified tariff rate quotasI4949

1

The TRA must—

a

conduct a review (referred to in this Part as the “transition review”) of the application of the F47specified tariff rate quotas; and

b

initiate that review at the request of, and within any time period stipulated by, the Secretary of State.

2

Upon initiating the transition review, the TRA must—

a

publish a notice of its initiation of the review; and

b

notify the Secretary of State accordingly.

3

The notice referred to in paragraph (2)(a) must contain—

F48a

the information referred to in subparagraphs (a) to (c) of regulation 47(3);

b

the information referred to in F49subparagraphs (d) to (n) of paragraph 9 of the Schedule.

4

The transition review is a review to consider whether goods belonging to each specified category of steel products were, during the same investigation period considered by the European Commission in connection with the EU tariff rate quotas, imported into the United Kingdom in increased quantities and, where the TRA finds that goods belonging to such a category were so imported, whether—

a

the importation of those goods in increased quantities would be likely to recur if they were no longer subject to a tariff rate quota;

b

there would be serious injury to UK producers of the like goods and directly competitive goods if goods belonging to that category were no longer subject to a tariff rate quota;

c

the continuation of a tariff rate quota is necessary to facilitate the adjustment of the UK producers of the like goods and directly competitive goods to the importation of goods belonging to that category; and

d

whether an alternative tariff rate quota or the application of a safeguarding amount to goods belonging to that category would better meet the aim of preventing F11... serious injury to the UK producers of the like goods and directly competitive goods.

5

The transition review may include the consideration of whether it is appropriate to—

a

increase the amount of a tariff rate quota and, if so, to what level;

b

vary (or provide for) the allocation of a tariff rate quota and, if so, how;

c

reduce the additional amount of import duty and, if so, to what level;

d

reduce F50or extend the period for which goods are subject to the quota and, if so, to what period;

e

F12vary the pace of liberalisation and, if so, how.

F13f

vary (or provide for) the terms on which a part or the whole of a tariff rate quota is allocated or may be utilised.

F465A

For the purpose of considering whether it is appropriate to reduce or extend the period for which goods are subject to the quota (see paragraph (5)(d)), the TRA may consider the importation into the United Kingdom of goods belonging to each specified category of steel products since the investigation period considered by the European Commission.

6

Parts 2 to 5 apply to the transition review to the extent that the TRA considers relevant.

7

Where other Parts of these Regulations are applied to the transition review, references in those Parts to “goods concerned” and similar expressions shall be construed as references to the goods to which the application of a tariff rate quota is being reviewed.

8

The TRA may initiate the transition review before replacement day F51, in which case the review continues on and after replacement day only in relation to the tariff rate quotas made applicable to goods in provision by public notice made under regulation 47(2) .

F529

The TRA may terminate the transition review only if regulation 47(5) applies (see regulation 47(4)).

10

If the TRA terminates the transition review, the TRA must publish a notice containing the information referred to in paragraph 12 of the Schedule.

Determinations of the TRAI5050

1

The TRA must, in accordance with this regulation, make determinations covering all of the goods subject to review.

2

Where, under regulation 49(4), the TRA considers that goods belonging to a specified category of steel products were not being imported into the United Kingdom in increased quantities F53or were not being produced by UK producers, a determination of the TRA referred to in paragraph (1) must be a determination that the application of a tariff rate quota to those goods F54... be revoked.

3

A determination referred to in paragraph (2) must be made as soon as practicable.

4

Where, under regulation 49(4), the TRA considers that goods belonging to a specified category of steel products were being imported into the United Kingdom in increased quantities, a determination of the TRA referred to in paragraph (1) is a determination, made upon the conclusion of the transition review, that the application of a tariff rate quota to goods should—

a

continue unvaried;

b

be varied;

c

be replaced by a safeguarding amount; or

d

be revoked.

5

The TRA must not make a determination that the application of a tariff rate quota to goods should continue unvaried unless it is satisfied that the application of the tariff rate quota to those goods in accordance with that determination would meet the economic interest test (see paragraph 23 of Schedule 5 to the Act) and, where it is not so satisfied, it must instead make a determination that the application of that tariff rate quota to those goods should be revoked.

6

Where the TRA makes a determination that the application of a tariff rate quota to goods should be varied, the variation may, among other things, comprise or include—

a

increasing the amount of a tariff rate quota;

b

varying (or providing for) the allocation of a tariff rate quota;

c

reducing the additional rate of import duty;

d

reducing F55or extending the period for which a tariff rate quota applies to goods;

e

F14varying the pace of liberalisation.

F15f

varying (or providing for) the terms on which a part or the whole of a tariff rate quota is allocated or may be utilised.

F567

A determination of the TRA referred to in paragraph (6) may include a determination to extend the period for which a tariff rate quota applies to goods only if the TRA considers that—

a

the tariff rate quota continues to be necessary to prevent serious injury to UK producers; and

b

there is evidence of UK producers adjusting to the importation of the goods.

TRA's recommendations to the Secretary of StateI5151

1

Except where paragraph (2) applies, the TRA must, following the making of a determination referred to in regulation 50 (determinations of the TRA), make a recommendation to the Secretary of State in respect of the goods to which the determination relates.

2

This paragraph applies in respect of a determination that the application of a tariff rate quota to goods should continue unvaried.

3

A recommendation referred to in paragraph (1) is a recommendation that the application of a tariff rate quota to goods should be—

a

varied;

b

replaced with a safeguarding amount; or

c

revoked.

4

The TRA must not make a recommendation that the application of a tariff rate quota to goods should be varied or replaced with a safeguarding amount, unless it is satisfied that such a recommendation would meet the economic interest test and, where it is not so satisfied, it must instead make a recommendation that the application of that tariff rate quota to those goods should be revoked.

5

Before making a recommendation that the application of a tariff rate quota to goods be varied which comprises or includes varying (or providing for) the allocation of the tariff rate quota, the TRA must consult the Secretary of State regarding the proposed allocation.

6

Where the TRA recommends that the application of a tariff rate quota to goods be varied, that variation must ensure that the pace of liberalisation is maintained or increased.

7

Any recommendation made by the TRA that the application of a tariff rate quota to goods be varied or replaced with a safeguarding amount must be such as the TRA is satisfied facilitates the adjustment of UK producers of the like goods and directly competitive goods to the importation of the goods in increased quantities.

8

The TRA's recommendation must include—

a

a description of the goods to which the recommendation relates;

b

the reasons for its recommendation;

c

where relevant, the period for which the tariff rate quota (or a safeguarding amount) should now be applicable;

d

information which the TRA considers is likely to be relevant to the Secretary of State's decision as to whether it would not be in the public interest to accept the TRA's recommendation (see regulation 52);

e

any other information which the TRA considers relevant.

Annotations:
Commencement Information
I51

Reg. 51 in force at 6.3.2019 with effect in accordance with reg. 1(3)-(8), see reg. 1(2)

Acceptance or rejection of the TRA's recommendation by the Secretary of StateI5252

1

Where the TRA makes a recommendation in accordance with regulation 51 (TRA's recommendations to the Secretary of State), the Secretary of State must accept or reject that recommendation.

2

The Secretary of State may reject the TRA's recommendation only if the Secretary of State is satisfied that—

a

where relevant, the application of a tariff rate quota (or a safeguarding amount) to the goods subject to review in accordance with the recommendation does not meet the economic interest test; or

b

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

3

Where the Secretary of State rejects the TRA's recommendation, the Secretary of State must—

a

publish a notice of the rejection which contains the following information—

i

a description of the goods to which the notice relates;

ii

a summary of the review;

iii

the TRA's recommendation;

iv

the reasons for the TRA's recommendation;

v

the reasons for the Secretary of State's rejection;

b

notify interested parties; and

c

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

F573A

Where the Secretary of State accepts the TRA’s recommendation before having made provision by public notice under regulation 47(2) in relation to the relevant tariff rate quota,—

a

regulation 47(2) applies in relation to the relevant tariff rate quota as if the obligation to make provision by public notice to give effect to the determination were an obligation to make provision by public notice to give effect to the recommendation;

b

the Secretary of State must notify interested parties.

4

Where the Secretary of State accepts the TRA's recommendation F58after having made provision by public notice under regulation 47(2) in relation to the relevant tariff rate quota, the Secretary of State must—

a

make provision by public notice to give effect to the recommendation;

b

notify interested parties.

5

The notice referred to in paragraph (4)(a) must contain the following information—

a

the information referred to in sub-paragraphs (i) to (iv) of paragraph (3)(a);

b

where relevant, the revised amount of the tariff rate quota;

c

where relevant, the allocation or revised allocation of the tariff rate quota;

d

where relevant, the revised additional rate of import duty;

e

where relevant, the revised period for which such goods will be subject to a tariff rate quota;

f

details of the exclusion of any goods from the application of the tariff rate quota;

g

where relevant, details of the safeguarding amount recommended in place of a tariff rate quota and the period for which such amount will apply.

F16h

where relevant, the revised terms on which a part or the whole of a tariff rate quota is allocated or may be utilised.

6

A period referred to in paragraph (5)(e) or (g) must begin on the day after the publication of the public notice.

PART 10Transitional provisions relating to the TRA

I61CHAPTER 1General modifications

Annotations:
Commencement Information
I61

Pt. 10 Ch. 1 in force at 6.3.2019 with effect in accordance with reg. 1(3)-(8), see reg. 1(2)

53

Unless otherwise specified in this Part, these Regulations have effect as if—

a

for “TRA”, in each place where this occurs (excluding regulation 1), there were substituted “ F3... Secretary of State ”;

b

for “TRA's”, in each place where this occurs, there were substituted, “Secretary of State's”;

c

for “it”, where this is a reference to the TRA, in each place where it occurs, there were substituted “ the Secretary of State ”F32or “Secretary of State” (whichever is appropriate) ; and

d

for “its”, in the following provisions, there were substituted “ the ”

i

regulation 13(4)(a);

ii

regulation 19(2);

iii

regulation 26;

iv

regulation 29(1)(a)(ii);

v

regulation 30(2)(a);

vi

regulation 34(2)(a);

vii

regulation 35(5)(a);

F33viii

regulation 35A(3)(a);

ix

regulation 35B(5)(a);

x

regulation 42C(1);

xi

paragraph 7(c) of the Schedule.

CHAPTER 2Further modifications

Further modifications to Part 1I5354

Regulation 2 (interpretation) has effect as if—

a

in the definition of “application”, for “paragraph 7(1)(a) of Schedule 5 to the Act”, there were substituted “ paragraph 7(1)(a)(i) of Schedule 5 to the Act ”; and

b

in the definition of “pace of liberalisation”, for “paragraphs 17(4)(b) or 18(5)(b)”, there were substituted “ paragraphs 17(4)(b) or 18(4)(b) ”.

Annotations:
Commencement Information
I53

Reg. 54 in force at 6.3.2019 with effect in accordance with reg. 1(3)-(8), see reg. 1(2)

Further modifications to Part 4I5455

Regulation 10 (determination and assessment of an adequate amount to prevent or remove serious injury and remedies) has effect as if—

a

in paragraph (1), for “paragraphs 12(4), 13(5), 17(4)(a) and 18(5)(a) of Schedule 5 to the Act”, there were substituted “ paragraphs 12(4), 13(4), 17(4)(a) and 18(4)(a) of Schedule 5 to the Act ”; and

b

in paragraphs (4) and (5)(c), for “recommend the imposition of”, there were substituted “ make a preliminary decision to impose ”.

Annotations:
Commencement Information
I54

Reg. 55 in force at 6.3.2019 with effect in accordance with reg. 1(3)-(8), see reg. 1(2)

Further modifications to Part 5I5556

Regulation 12 (general provisions relating to the initiation and conduct of an investigation) has effect as if, in paragraphs (1) and (2)(c) and (d), for “its”, there were substituted “the Secretary of State's”.

Annotations:
Commencement Information
I55

Reg. 56 in force at 6.3.2019 with effect in accordance with reg. 1(3)-(8), see reg. 1(2)

I6257

Regulation 13 (revision of scope of an investigation) has effect as if—

a

in paragraph (1)—

i

for “its determination”, there were substituted “ the Secretary of State's decision ”; and

ii

for “paragraph 7(6)(b) of Schedule 5 to the Act”, there were substituted “ paragraph 7(6)(c) of Schedule 5 to the Act ”;

b

at the end of paragraph (4)(a), there were inserted “(or been otherwise available to the Secretary of State, where no application was made)”.

Annotations:
Commencement Information
I62

Reg. 57 in force at 6.3.2019 with effect in accordance with reg. 1(3)-(8), see reg. 1(2)

I6358

Regulation 16 (confidential information) has effect as if—

a

in paragraph (1)(a), for “its”, there were substituted “the Secretary of State's”; and

b

paragraph (5) were omitted.

Annotations:
Commencement Information
I63

Reg. 58 in force at 6.3.2019 with effect in accordance with reg. 1(3)-(8), see reg. 1(2)

I6459

Regulation 17 (permitted disclosure) has effect as if—

a

in paragraphs (1) and (3), “the TRA or”, in each place where this occurs, were omitted; and

b

paragraph (2) were omitted.

Annotations:
Commencement Information
I64

Reg. 59 in force at 6.3.2019 with effect in accordance with reg. 1(3)-(8), see reg. 1(2)

I6560

Regulation 21 (application) has effect as if, for “paragraph (7)(6)(b) of Schedule 5 to the Act”, there were substituted “ paragraph (7)(6)(c) of Schedule 5 to the Act ”.

Annotations:
Commencement Information
I65

Reg. 60 in force at 6.3.2019 with effect in accordance with reg. 1(3)-(8), see reg. 1(2)

I6661

Regulation 23 (assessment of an application) has effect as if—

a

for the heading of that regulation, there were substituted— “ Assessment of information to determine whether to initiate an investigation ”; and

b

for paragraph (1), there were substituted—

1

The Secretary of State must examine the accuracy and adequacy of the information—

a

contained in, or supplied with, an application; or

b

obtained or held by the Secretary of State, for the purposes of the initiation of an investigation, where there is no application,

to determine whether it is sufficient to justify the initiation of an investigation under paragraph 7 of Schedule 5 to the Act.

Annotations:
Commencement Information
I66

Reg. 61 in force at 6.3.2019 with effect in accordance with reg. 1(3)-(8), see reg. 1(2)

I6762

Regulation 24 (registration of interest and the issuing of questionnaires) has effect as if, for paragraph (2)(b), there were substituted—

b

UK producers, importers and overseas exporters (or associations thereof) which—

i

the applicant UK producers have identified in their application; or

ii

where no application has been made, the Secretary of State has identified as being relevant to the investigation;

Annotations:
Commencement Information
I67

Reg. 62 in force at 6.3.2019 with effect in accordance with reg. 1(3)-(8), see reg. 1(2)

I6863

Regulation 28 (hearing) has effect as if, in paragraph (1)(b), for “its”, there were substituted “the Secretary of State's”.

Annotations:
Commencement Information
I68

Reg. 63 in force at 6.3.2019 with effect in accordance with reg. 1(3)-(8), see reg. 1(2)

I6964

Regulation 31 (content of notices) has effect as if paragraphs (1) and (3) were omitted.

Annotations:
Commencement Information
I69

Reg. 64 in force at 6.3.2019 with effect in accordance with reg. 1(3)-(8), see reg. 1(2)

I7065

Regulation 32 (form and content of a preliminary adjustment plan or an adjustment plan) has effect as if in paragraph (3), for “recommendation”, there were substituted “ preliminary decision ”.

Annotations:
Commencement Information
I70

Reg. 65 in force at 6.3.2019 with effect in accordance with reg. 1(3)-(8), see reg. 1(2)

Further modifications to Part 6I5666

Regulation 34 (mid-term review) has effect as if—

a

in paragraph (2)(b), “the Secretary of State and” were omitted; and

b

in paragraph (4), for “determine”, there were substituted “ make a preliminary decision ”.

Annotations:
Commencement Information
I56

Reg. 66 in force at 6.3.2019 with effect in accordance with reg. 1(3)-(8), see reg. 1(2)

I7167

Regulation 35 (extension review) has effect as if—

a

in paragraph (2)(b), for “its”, there were substituted “the Secretary of State's”;

b

in paragraph (5)(b), “the Secretary of State and” were omitted; and

c

in paragraph (7), for “determine”, there were substituted “ make a preliminary decision ”;

d

after paragraph (7), there were inserted—

7A

The Secretary of State may make a preliminary decision in accordance with paragraph (7)(b) only if the Secretary of State is satisfied that the application of a definitive safeguarding remedy meets the economic interest test (see paragraph 23 of Schedule 5 to the Act).

e

in paragraph (8), for “determination”, there were substituted “ preliminary decision ”.

Annotations:
Commencement Information
I71

Reg. 67 in force at 6.3.2019 with effect in accordance with reg. 1(3)-(8), see reg. 1(2)

F2067A

Regulation 35A (discontinuation review) has effect as if—

a

in paragraph (2), for “its”, there were substituted “the Secretary of State’s”; and

b

in paragraph (3)(b), “the Secretary of State and” were omitted.

67B

Regulation 35B (tariff rate quota review) has effect as if—

a

in paragraph (2)(b), for “its”, there were substituted “the Secretary of State’s”; and

b

in paragraph (5)(b), “the Secretary of State and” were omitted.

I7268

Regulation 37 (TRA's recommendation to the Secretary of State) has effect as if—

a

for the heading of that regulation, there were substituted— “ Secretary of State's preliminary decision following the conclusion of a review ”; and

b

for that regulation there were substituted—

37

1

Where the Secretary of State makes a preliminary decision that the application of a definitive safeguarding remedy should be varied, revoked, or replaced, that decision must include—

a

a description of the goods to which the decision relates;

b

the reasons for the decision;

c

where relevant, the period for which the definitive safeguarding remedy should be applicable, which must begin on the day after the date of publication of the public notice under section 13 of the Act giving effect to the decision;

d

any other information which the Secretary of State considers relevant.

2

Where the Secretary of State makes a preliminary decision other than a preliminary decision referred to in paragraph (1), F4... the Secretary of State must—

a

terminate the review;

b

publish a notice containing the information referred to in paragraph 12 of the Schedule; and

c

notify interested parties.

I7369

Regulation 38 (acceptance or rejection of the TRA's recommendation by the Secretary of State) has effect as if—

a

for the heading of that regulation, there were substituted— “ Secretary of State's decision whether to give effect to a preliminary decision following the conclusion of a review ”; and

b

for that regulation there were substituted—

38

1

Where the Secretary of State makes a preliminary decision that the application of a definitive safeguarding remedy should be varied, revoked, or replaced, the Secretary of State must decide whether to give effect to the preliminary decision.

2

The Secretary of State may decide not to give effect to the preliminary decision only if the Secretary of State is satisfied that it is not in the public interest to give effect to it.

3

Where the Secretary of State decides not to give effect to the preliminary decision, the Secretary of State must—

a

publish a notice containing the information referred to in paragraph 10 or 11 of the Schedule;

b

notify interested parties; and

c

lay a statement before the House of Commons setting out the reasons for deciding not to give effect to the preliminary decision.

Annotations:
Commencement Information
I73

Reg. 69 in force at 6.3.2019 with effect in accordance with reg. 1(3)-(8), see reg. 1(2)

Further modifications to Part 7I5770

Part 7 (suspension) has effect as if, for that Part, there were substituted—

PART 7Suspension

Suspension of a definitive safeguarding remedy39

1

The Secretary of State may make a preliminary decision (a “preliminary suspension decision”) that the application of a definitive safeguarding remedy be suspended for a specified period (the “period of suspension”) in relation to F34... goods specified in the public notice made by the Secretary of State under section 13 of the Act.

2

The Secretary of State may make a preliminary suspension decision where—

a

paragraph (3) applies;

b

the Secretary of State is satisfied that a suspension is appropriate; and

c

UK producers have been given the opportunity to comment on the suspension proposed in the application for suspension (see regulation 40).

3

This paragraph applies where the Secretary of State, whether or not as a consequence of considering an application in accordance with regulation 40 (application for suspension), considers that the circumstances in paragraph (4) exist.

4

Those circumstances are that—

a

market conditions have changed temporarily; and

b

as a consequence of the change in market conditions, the serious injury caused to UK producers is unlikely to recur if the application of a definitive safeguarding remedy were to be suspended.

5

In considering whether to make a preliminary suspension decision, the Secretary of State may take such steps as the Secretary of State considers appropriate.

6

Where the Secretary of State rejects an application for suspension, the Secretary of State must notify the applicant.

7

Where the Secretary of State decides that it is not appropriate to make a preliminary suspension decision, the Secretary of State must—

a

publish a notice of the reasons for this decision; and

b

notify interested parties.

8

Where the Secretary of State decides that it is appropriate to make a preliminary suspension decision, the preliminary suspension decision must include—

a

the reasons for the decision;

b

the period of suspension, which must begin on the day after the date of publication of the public notice under section 13 of the Act giving effect to the preliminary suspension decision; and

c

any other information the Secretary of State considers relevant.

9

If the Secretary of State makes a preliminary suspension decision, the Secretary of State must decide whether to give effect to the decision.

10

The Secretary of State may only decide not to give effect to a preliminary suspension decision where the Secretary of State considers that it is not in the public interest to give effect to it.

11

Where the Secretary of State decides not to give effect to a preliminary suspension decision, the Secretary of State must—

a

publish a notice containing the information referred to in paragraph 13 of the Schedule;

b

notify interested parties; and

c

lay a statement before the House of Commons setting out the reasons for deciding not to give effect to the preliminary suspension decision.

12

Where the application of a definitive safeguarding remedy is suspended under this Part, the period of suspension counts towards the specified period of the definitive safeguarding remedy as stated in the relevant public notice.

Application for suspension40

1

An application for suspension of a definitive safeguarding remedy (a “suspension application”) in accordance with regulation 39 (suspension of a definitive safeguarding remedy) may be made by or on behalf of an interested party.

2

A suspension application must include as far as possible information regarding—

a

the change in the market conditions;

b

the temporary nature of that change; and

c

the effect of the change on UK producers.

3

Where a suspension application is withdrawn by the applicant, the Secretary of State may still consider whether it is appropriate to make a preliminary suspension decision (see regulation 39).

Period of suspension41

1

The period of suspension referred to in regulation 39(1) must not exceed nine months commencing on the day after the publication of the notice under section 13 of the Act giving effect to the suspension.

2

Following an application by an interested party, or where the Secretary of State otherwise considers that it is appropriate, the Secretary of State may make a preliminary decision that the period of nine months referred to in paragraph (1) be extended to a maximum of 21 months (“extended period of suspension”).

3

Where the Secretary of State makes a preliminary decision in accordance with paragraph (2), but the duration of the extended period of suspension is less than 21 months, the Secretary of State may make a further preliminary decision to increase the duration of the extended period of suspension where the Secretary of State considers it is appropriate to do so, provided that the overall duration of the extended period of suspension does not exceed 21 months.

4

Where the Secretary of State rejects an application for an extension of the period of suspension, the Secretary of State must notify the applicant.

5

Where the Secretary of State decides that it is not appropriate to make a preliminary decision to extend the period of suspension, the Secretary of State must—

a

publish a notice of the decision and the reasons for it; and

b

notify interested parties.

6

Where the Secretary of State decides that it is appropriate to make a preliminary decision to extend the period of suspension, the preliminary decision must include—

a

the reasons for the preliminary decision;

b

the extended period of suspension, which must begin on the day after the date of publication of the public notice under section 13 of the Act giving effect to the preliminary decision; and

c

any other information the Secretary of State considers relevant.

7

If the Secretary of State makes a preliminary decision in accordance with this regulation, the Secretary of State must decide whether to give effect to the preliminary decision.

8

The Secretary of State may only decide not to give effect to a preliminary decision where the Secretary of State considers that it is not in the public interest to give effect to it.

9

Where the Secretary of State decides not to give effect to a preliminary decision, the Secretary of State must—

a

publish a notice containing the information referred to in paragraph 14 of the Schedule;

b

notify interested parties; and

c

lay a statement before the House of Commons setting out the reasons for deciding not to give effect to the preliminary decision.

Reinstatement of a definitive safeguarding remedy42

1

The Secretary of State may make a preliminary decision to reinstate a definitive safeguarding remedy where the Secretary of State decides that the circumstances in regulation 39(4) no longer exist.

2

Where the Secretary of State makes a preliminary decision in accordance with this regulation, the preliminary decision must include—

a

the reasons for the Secretary of State's decision that the circumstances in regulation 39(4) no longer exist; and

b

any other information the Secretary of State considers relevant.

3

If the Secretary of State makes a preliminary decision under paragraph (1), the Secretary of State must decide whether to give effect to the preliminary decision.

4

Where the Secretary of State decides to give effect to the preliminary decision, the Secretary of State must—

a

publish a notice under section 13 of the Act containing the information referred to in paragraph 15 of the Schedule; and

b

notify interested parties.

5

The Secretary of State may only decide not to give effect to a preliminary decision where the Secretary of State considers that it is not in the public interest to give effect to it.

6

Where the Secretary of State decides not to give effect to a preliminary decision, the Secretary of State must—

a

publish a notice containing the information set out in paragraph 15 of the Schedule;

b

notify interested parties; and

c

lay a statement before the House of Commons setting out the reasons for deciding not to give effect to the preliminary decision.

F21Further modifications to Part 7A70A

Part 7A (investigation in light of an international dispute decision) has effect as if—

a

for “recommendation”, in each place where this occurs, there were substituted “preliminary decision”;

b

in regulation 42A—

i

in paragraph (1), the words “direct the TRA to” were omitted;

ii

in paragraph (2), for “required” there were substituted “initiated”;

c

in regulation F5942B(3)(b)(ii), after “regulation” there were inserted “42I(3)(a) or”;

d

in regulations 42G(2) and 42H(2), for “recommend to the Secretary of State” there were substituted “make a preliminary decision”;

e

for the section heading after regulation 42H and for regulation 42I there were substituted—

Decision

Decision to give effect to a preliminary decision42I

1

The Secretary of State must decide whether or not to give effect to a preliminary decision made under regulation 42G(2) or 42H(2).

2

The Secretary of State must decide to give effect to the preliminary decision unless the Secretary of State is satisfied it is not in the public interest to give effect to the preliminary decision.

3

If the Secretary of State decides to give effect to the preliminary decision, the Secretary of State must—

a

publish notice of the preliminary decision and of the decision to give effect to it;

b

notify interested parties;

c

make provision by public notice under section 13 of the Act to give effect to the preliminary decision.

4

If the Secretary of State decides not to give effect to the preliminary decision, the Secretary of State must—

a

publish notice of the preliminary decision and of the decision not to give effect to it;

b

notify interested parties;

c

lay a statement before the House of Commons setting out the reasons for which the Secretary of State is satisfied it is not in the public interest to give effect to the preliminary decision.

Further modifications to Part 8I5871

Regulation 43 (developing country exception) has effect as if, in paragraph (1), for “recommend the application of”, there were substituted “ make a preliminary decision to apply ”.

Annotations:
Commencement Information
I58

Reg. 71 in force at 6.3.2019 with effect in accordance with reg. 1(3)-(8), see reg. 1(2)

I7472

Regulation 44 (other exception) has effect as if—

a

in paragraph (1)(a), for “recommendation”, there were substituted “ preliminary decision ”;

b

in paragraph (1)(b) for “its”, in both places where it occurs, there were substituted “the Secretary of State's”.

Annotations:
Commencement Information
I74

Reg. 72 in force at 6.3.2019 with effect in accordance with reg. 1(3)-(8), see reg. 1(2)

Further modifications to Part 9I5973

Regulation 48 (treatment of tariff rate quotas under this Part etc) has effect as if, in paragraph (1)—

a

for “the Secretary of State's acceptance of a recommendation made by the TRA”, there were substituted “ a decision by the Secretary of State to give effect to a preliminary decision made ”; and

b

for “acceptance”, there were substituted “ decision ”.

Annotations:
Commencement Information
I59

Reg. 73 in force at 6.3.2019 with effect in accordance with reg. 1(3)-(8), see reg. 1(2)

F6074

Regulation 49 (review of specified tariff rate quotas) has effect as if for paragraphs (1) to (3) of that regulation there were substituted—

1

The Secretary of State must conduct a review (referred to in this Part as the “transition review”) of the specified tariff rate quotas.

2

The Secretary of State may initiate the transition review within any time period the Secretary of State considers appropriate.

3

Upon initiating the transition review, the Secretary of State must publish a notice of initiation of the review in which must contain the information referred to in—

a

subparagraphs (a) to (c) of regulation 47(3); and

b

subparagraphs (d) to (n) of paragraph 9 of the Schedule.

I7575

Regulation 50 (determinations of the TRA) has effect as if—

a

for “determination” or “determinations”, in each place where these occur, including the heading of that regulation, there were substituted “ preliminary decision ” or “preliminary decisions”, as the case may be;

b

in paragraph (5), after “unvaried” there were inserted “ , be varied, or be replaced by a safeguarding amount ”; and

c

after paragraph (7), there were inserted—

8

Where the Secretary of State makes a preliminary decision that the application of a tariff rate quota to goods be varied, that variation must ensure that the pace of liberalisation is maintained or increased.

9

Any preliminary decision made by the Secretary of State that the application of a tariff rate quota to goods be varied or replaced with a safeguarding amount must be such as the Secretary of State is satisfied facilitates the adjustment of UK producers of the like goods and directly competitive goods to the importation of the goods in increased quantities.

10

Where the Secretary of State makes a preliminary decision referred to in paragraph (2) or (4)(b) to (d), that decision must include—

a

a description of the goods to which the decision relates;

b

the reasons for the decision;

c

where relevant, the period for which the tariff rate quota (or a safeguarding amount) should now be applicable;

d

any other information the Secretary of State considers relevant.

Annotations:
Commencement Information
I75

Reg. 75 in force at 6.3.2019 with effect in accordance with reg. 1(3)-(8), see reg. 1(2)

I7676

Regulations 51 (TRA's recommendations to the Secretary of State) and 52 (acceptance or rejection of the TRA's recommendation by the Secretary of State) have effect as if, for those regulations (including the headings) there were substituted—

Secretary of State's decision whether to give effect to a preliminary decision following the conclusion of a transition review51

1

The Secretary of State must, following the making of a preliminary decision referred to in regulation 50(2) or (4)(b) to (d) (preliminary decisions of the Secretary of State) decide whether to give effect to the preliminary decision.

2

The Secretary of State may only decide not to give effect to the preliminary decision where the Secretary of State is satisfied that it is not in the public interest to give effect to it.

3

Where the Secretary of State decides not to give effect to the preliminary decision, the Secretary of State must—

a

publish a notice of the decision which contains the following information—

i

a description of the goods to which the notice relates;

ii

a summary of the review;

iii

the preliminary decision;

iv

the reasons for the preliminary decision;

v

the reasons for the Secretary of State's decision not to give effect to the preliminary decision;

b

notify interested parties; and

c

lay a statement before the House of Commons setting out the reasons for deciding not to give effect to the preliminary decision.

F613A

Where the Secretary of State decides to give effect to the preliminary decision before having made provision by public notice under regulation 47(2) in relation to the relevant tariff rate quota,—

a

regulation 47(2) applies in relation to the relevant tariff rate quota as if the obligation to make provision by public notice to give effect to the determination were an obligation to make provision by public notice to give effect to the preliminary decision; and

b

the Secretary of State must notify interested parties.

4

Where the Secretary of State decides to give effect to the preliminary decision, the Secretary of State must—

a

make provision by public notice to give effect to the preliminary decision F62after having made provision by public notice under regulation 47(2) in relation to the relevant tariff rate quota; and

b

notify interested parties.

5

The notice referred to in paragraph (4)(a) must contain the following information—

a

the information referred to in sub-paragraphs (i) to (iv) of paragraph (3)(a);

b

where relevant, the revised amount of the tariff rate quota;

c

where relevant, the allocation or revised allocation of the tariff rate quota;

d

where relevant, the revised additional rate of import duty;

e

where relevant, the revised period for which such goods will be subject to a tariff rate quota;

f

details of the exclusion of any goods from the application of the tariff rate quota;

g

where relevant, details of the safeguarding amount that is to be applied in place of a tariff rate quota and the period for which such amount will apply.

6

A period referred to in (5)(e) or (g) must begin on the day after the publication of the public notice.

Further modifications to the ScheduleI6077

Paragraph 2 (notice of initiation of an investigation) of the Schedule has effect as if, for “paragraph 7(6)(b) of Schedule 5 to the Act”, there were substituted “ paragraph 7(6)(c) of Schedule 5 to the Act ”.

Annotations:
Commencement Information
I60

Reg. 77 in force at 6.3.2019 with effect in accordance with reg. 1(3)-(8), see reg. 1(2)

I7778

Paragraph 3 (notice of a provisional affirmative determination with no recommendation regarding a provisional safeguarding remedy) of the Schedule has effect as if—

a

in the heading before that paragraph, for “recommendation”, there were substituted “ preliminary decision ”; and

b

in sub-paragraph (e), for “recommendation”, there were substituted “ preliminary decision ”.

Annotations:
Commencement Information
I77

Reg. 78 in force at 6.3.2019 with effect in accordance with reg. 1(3)-(8), see reg. 1(2)

I7879

Paragraph 4 (notice of the Secretary of State accepting or rejecting a recommendation by the TRA regarding a provisional safeguarding remedy) of the Schedule has effect as if—

a

in the heading before that paragraph, for “accepting or rejecting a recommendation by the TRA”, there were substituted “ deciding to give effect, or not to give effect, to a preliminary decision ”;

b

in sub-paragraph (d), for “recommendation”, there were substituted “ preliminary decision ”;

c

in sub-paragraph (e), for “accepts the TRA's recommendation”, there were substituted “ decides to give effect to the preliminary decision ”; and

d

in sub-paragraph (f)—

i

for “rejects the TRA's recommendation”, there were substituted “ decides not to give effect to the preliminary decision ”; and

ii

for “rejection”, there were substituted “ decision ”.

Annotations:
Commencement Information
I78

Reg. 79 in force at 6.3.2019 with effect in accordance with reg. 1(3)-(8), see reg. 1(2)

I7980

Paragraph 5 (notice of a final affirmative determination with no recommendation regarding a definitive safeguarding remedy) of the Schedule has effect as if—

a

in the heading before that paragraph, for “recommendation”, there were substituted “ preliminary decision ”; and

b

in sub-paragraph (e), for “recommendation”, there were substituted “ preliminary decision ”.

Annotations:
Commencement Information
I79

Reg. 80 in force at 6.3.2019 with effect in accordance with reg. 1(3)-(8), see reg. 1(2)

I8081

Paragraph 6 (notice of the Secretary of State accepting or rejecting a recommendation by the TRA on a definitive safeguarding remedy) of the Schedule has effect as if—

a

in the heading before that paragraph, for “accepting or rejecting a recommendation by the TRA”, there were substituted “ deciding to give effect, or not to give effect, to a preliminary decision ”;

b

in sub-paragraph (d), for “recommendation”, there were substituted “ preliminary decision ”;

c

in sub-paragraph (e), for “accepts the TRA's recommendation”, there were substituted “ decides to give effect to the preliminary decision ”; and

d

in sub-paragraphs (f) and (g)—

i

for “rejects the TRA's recommendation”, there were substituted “ decides not to give effect to the preliminary decision ”; and

ii

for “rejection”, there were substituted “ decision ”.

Annotations:
Commencement Information
I80

Reg. 81 in force at 6.3.2019 with effect in accordance with reg. 1(3)-(8), see reg. 1(2)

I8182

Paragraphs 10 (notice of the Secretary of State accepting or rejecting a recommendation by the TRA on the variation of a definitive safeguarding remedy) and 11 (notice of the Secretary of State accepting or rejecting a recommendation by the TRA to revoke the application of a definitive safeguarding remedy) of the Schedule have effect as if—

a

in the headings before those paragraphs, for “accepting or rejecting a recommendation by the TRA”, there were substituted “ deciding to give effect, or not to give effect, to a preliminary decision ”;

b

in sub-paragraphs (c) and (d), in each case, for “recommendation”, there were substituted “ preliminary decision ”;

c

in sub-paragraph (e), in each case, for “accepts the TRA's recommendation”, there were substituted “ decides to give effect to the preliminary decision ”; and

d

in sub-paragraph (f), in each case—

i

for “rejects the TRA's recommendation”, there were substituted “ decides not to give effect to the preliminary decision ”; and

ii

for “rejection”, there were substituted “ decision ”.

Annotations:
Commencement Information
I81

Reg. 82 in force at 6.3.2019 with effect in accordance with reg. 1(3)-(8), see reg. 1(2)

I8283

Paragraph 12 (notice of termination of a review) of the Schedule has effect as if, for “regulation 37(5)(a)”, there were substituted “ regulation 37(2)(b) ”.

Annotations:
Commencement Information
I82

Reg. 83 in force at 6.3.2019 with effect in accordance with reg. 1(3)-(8), see reg. 1(2)

I8384

Paragraph 13 (notice of the Secretary of State accepting or rejecting a recommendation by the TRA regarding suspension of a definitive safeguarding remedy) of the Schedule has effect as if—

a

in the heading before that paragraph, for “accepting or rejecting the TRA's recommendation”, there were substituted “ deciding to give effect, or not to give effect, to a preliminary decision ”;

b

in sub-paragraphs (b) and (c) for “recommendation”, in each place this occurs, there were substituted “ preliminary decision ”;

c

in sub-paragraph (d), for “accepts the TRA's recommendation”, there were substituted “ decides to give effect to the preliminary decision ”; and

d

in sub-paragraph (e)—

i

for “rejects the TRA's recommendation”, there were substituted “ decides not to give effect to the preliminary decision ”; and

ii

for “rejection”, there were substituted “ decision ”.

Annotations:
Commencement Information
I83

Reg. 84 in force at 6.3.2019 with effect in accordance with reg. 1(3)-(8), see reg. 1(2)

I8485

Paragraph 14 (notice of the Secretary of State accepting or rejecting a recommendation by the TRA regarding extension of the period of suspension) of the Schedule has effect as if—

a

in the heading before that paragraph, for “accepting or rejecting recommendation by the TRA”, there were substituted “ deciding to give effect, or not to give effect, to a preliminary decision ”;

b

in sub-paragraphs (b) and (c), for “recommendation”, there were substituted “ preliminary decision ”;

c

in sub-paragraph (d), for “accept or reject the recommendation”, there were substituted “ give effect, or not to give effect, to the preliminary decision ”;

d

in sub-paragraph (e), for “accepts the TRA's recommendation”, there were substituted “ decides to give effect to the preliminary decision ”; and

e

in sub-paragraph (f)—

i

for “rejects the TRA's recommendation”, there were substituted “ decides not to give effect to the preliminary decision ”; and

ii

for “rejection”, there were substituted “ decision ”.

Annotations:
Commencement Information
I84

Reg. 85 in force at 6.3.2019 with effect in accordance with reg. 1(3)-(8), see reg. 1(2)

I8586

Paragraph 15 (notice of the Secretary of State accepting or rejecting a recommendation by the TRA regarding reinstatement of a definitive safeguarding remedy) of the Schedule has effect as if—

a

in the heading before that paragraph, for “accepting or rejecting a recommendation by the TRA”, there were substituted “ deciding to give effect, or not to give effect, to a preliminary decision ”;

b

in sub-paragraph (b)—

i

for “recommendation”, the first time it occurs, there were substituted “ preliminary decision ”;

ii

for “recommendation”, the second time it occurs, there were substituted “ decision ”;

c

in sub-paragraph (c), for “accept or reject the recommendation”, there were substituted “ give effect, or not to give effect, to the preliminary decision ”;

d

in sub-paragraph (d)—

i

for “accepts the TRA's recommendation”, there were substituted “ decides to give effect to the preliminary decision ”; and

ii

in paragraph (ii), for “recommendation”, there were substituted “ preliminary decision ”; and

e

in sub-paragraph (e)—

i

for “rejects the TRA's recommendation”, there were substituted “ decides not to give effect to the preliminary decision ”; and

ii

for “rejection”, there were substituted “ decision ”.

Annotations:
Commencement Information
I85

Reg. 86 in force at 6.3.2019 with effect in accordance with reg. 1(3)-(8), see reg. 1(2)

F6386A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Signed by the authority of the Secretary of State for International Trade

Graham Stuart Parliamentary Under-Secretary of State for Investment Department for International Trade

SCHEDULE

Regulations 21, 30, 34, 35, 37 to 39, 41, 42 and 49

Content of an application for the initiation of an investigationI861

For the purpose of regulation 21(1), the information to be contained in an application for the initiation of an investigation is—

a

the contact details of the applicant UK producers;

b

a description of the goods in relation to which the applicant UK producers are requesting an investigation, including their—

i

technical characteristics;

ii

current tariff classification;

c

a description of the like goods and directly competitive goods;

d

details of all known UK producers of the like goods and directly competitive goods (see paragraphs 4 and 5 of Schedule 5 to the Act), or associations of such UK producers;

e

the level of UK producers' support for or opposition to the application, including—

i

the total volume and value of production in the United Kingdom of the like goods and directly competitive goods;

ii

the applicant UK producer's volume and value of production in the United Kingdom of the like goods and directly competitive goods;

iii

the volume and value of production in the United Kingdom of the like goods and directly competitive goods by each identified UK producer, or associations of such UK producers;

iv

each identified UK producer's support or opposition to the application;

f

a description of the increased imports alleged to exist, including whether such increase is absolute, relative to domestic production or both;

g

information relevant to the existence of serious injury to the UK producers of the goods identified, for the three calendar years preceding the application, and any more recent partial-year data;

h

information on relevant unforeseen developments that led to the alleged increased imports of the goods identified;

i

a statement giving specific reasons for requesting a provisional safeguarding remedy or definitive safeguarding remedy;

j

information that the market share requirement is met;

k

if a provisional safeguarding remedy is requested—

i

information regarding critical circumstances where delay in taking action would cause damage to UK producers which would be difficult to repair; and

ii

a statement indicating the level of tariff increase requested as the remedy.

Annotations:
Commencement Information
I86

Sch. para. 1 in force at 6.3.2019 with effect in accordance with reg. 1(3)-(8), see reg. 1(2)

Notice of initiation of an investigationI872

The information to be contained in a notice referred to in paragraph 7(6)(b) of Schedule 5 to the Act is—

a

where applicable, the contact details of the applicant UK producers, unless the TRA is treating such information as confidential in accordance with regulation 16 (confidential information);

b

the date of initiation of the investigation;

c

a description of the goods concerned;

d

a description of the like goods and directly competitive goods;

e

where applicable, a description of the UK producers on behalf of which the application is made;

f

a summary of the factors on which the allegations of increased imports and serious injury caused by the increased imports are based, including a summary of the unforeseen developments that led to the alleged increased imports of the goods;

g

the period of investigation;

h

a summary of the investigation process;

i

the address of the TRA to which comments by interested parties or persons with sufficient interest in the investigation are to be delivered, or the means by which such comments are to be delivered;

j

details of a registration period during which interested parties, or any other person, may make themselves known to the TRA;

k

a statement that interested parties may request the TRA to conduct a hearing.

Annotations:
Commencement Information
I87

Sch. para. 2 in force at 6.3.2019 with effect in accordance with reg. 1(3)-(8), see reg. 1(2)

Notice of a provisional affirmative determination with no recommendation regarding a provisional safeguarding remedyI883

The information to be contained in a notice referred to in paragraph 11(9) of Schedule 5 to the Act is—

a

a description of the goods to which the notice relates;

b

a summary of the investigation to date and the expected future stages of the investigation;

c

the date of publication of the notice;

d

the reasons for the TRA's provisional affirmative determination, where such notice is published under paragraph 11(9)(a) of Schedule 5 to the Act;

e

the reasons why the TRA has determined that there is no recommendation that it could make under paragraph 11(3) of Schedule 5 to the Act, where such notice is published under paragraph 11(9)(b) of Schedule 5 to the Act.

Annotations:
Commencement Information
I88

Sch. para. 3 in force at 6.3.2019 with effect in accordance with reg. 1(3)-(8), see reg. 1(2)

Notice of the Secretary of State accepting or rejecting a recommendation by the TRA regarding a provisional safeguarding remedyI894

The information to be contained in a notice referred to in paragraph F13314(2E)(a), 14(3)(a), (4)(a), F13415(2E)(a), 15(3)(a) or (4)(a) of Schedule 5 to the Act is—

a

a description of the goods to which the notice relates;

b

a summary of the investigation to date and the expected future stages of the investigation;

c

the reasons for the TRA's provisional affirmative determination;

d

the reasons for the TRA's recommendation regarding a provisional safeguarding remedy;

e

where the Secretary of State accepts the TRA's recommendation, that such notice is a public notice made under section 13 of the Act;

F135f

where the Secretary of State rejects the TRA’s recommendation—

i

and makes a decision under paragraph 14(2C) or 15(2C) of Schedule 5 to the Act—

aa

that such notice is a public notice made under section 13 of the Act; and

bb

the reasons for the Secretary of State’s rejection and for applying a provisional safeguarding remedy other than in accordance with the recommendation;

ii

and does not make a decision under paragraph 14(2C) or 15(2C) of Schedule 5 to the Act, the reasons for the Secretary of State’s rejection.

Notice of a final affirmative determination with no recommendation regarding a definitive safeguarding remedyI905

The information to be contained in a notice referred to in paragraph 16(11) of Schedule 5 to the Act is—

a

a description of the goods to which the notice relates;

b

a summary of the investigation;

c

the date the notice comes into effect;

d

the reasons for the final affirmative determination, where such notice is published under paragraph 16(11)(a) of Schedule 5 to the Act;

e

the reasons why the TRA has determined that there is no recommendation that it could make under paragraph 16(3) of Schedule 5 to the Act, where such notice is published under paragraph 16(11)(b) of Schedule 5 to the Act.

Annotations:
Commencement Information
I90

Sch. para. 5 in force at 6.3.2019 with effect in accordance with reg. 1(3)-(8), see reg. 1(2)

Notice of the Secretary of State accepting or rejecting a recommendation by the TRA on a definitive safeguarding remedyI916

The information to be contained in a notice referred to in paragraph F13619(2E)(a), 19(3)(a), (4)(a), F13720(2E)(a), 20(3)(a) or (4)(a) of Schedule 5 to the Act is—

a

a description of the goods to which the notice relates;

b

a summary of the investigation;

c

the reasons for the TRA's final affirmative determination;

d

the reasons for the TRA's recommendation on a definitive safeguarding amount or tariff rate quota;

e

where the Secretary of State accepts the TRA's recommendation—

i

that such notice is a public notice made under section 13 of the Act;

ii

a specified period for which the definitive safeguarding remedy is applicable (see paragraph 17(2) or 18(2) of Schedule 5 to the Act);

iii

details of exceptions of goods from the application of the definitive safeguarding remedy, if any;

F138f

where a provisional safeguarding remedy is in force and the Secretary of State rejects the TRA’s recommendation—

i

and makes a decision under paragraph 19(2C) or 20(2C) of Schedule 5 to the Act—

aa

that such notice is a public notice made under section 13 of the Act; and

bb

the reasons for the Secretary of State’s rejection and for applying a definitive safeguarding remedy other than in accordance with the recommendation;

ii

and does not make a decision under paragraph 19(2C) or 20(2C) of Schedule 5 to the Act—

aa

that such notice is a public notice made under section 13 of the Act; and

bb

the reasons for the Secretary of State’s rejection;

F139g

where a provisional safeguarding remedy is not in force and the Secretary of State rejects the TRA’s recommendation—

i

and makes a decision under paragraph 19(2C) or 20(2C) of Schedule 5 to the Act—

aa

that such notice is a public notice made under section 13 of the Act; and

bb

the reasons for the Secretary of State’s rejection and for applying a definitive safeguarding remedy other than in accordance with the recommendation;

ii

and does not make a decision under paragraph 19(2C) or 20(2C) of Schedule 5 to the Act, the reasons for the Secretary of State’s rejection.

Notice of a final negative determinationI927

The information to be contained in a notice referred to in paragraph 9(7)(a) of Schedule 5 to the Act is—

a

a summary of the investigation;

b

the date the notice comes into effect;

c

the TRA's reasons for its determination.

Annotations:
Commencement Information
I92

Sch. para. 7 in force at 6.3.2019 with effect in accordance with reg. 1(3)-(8), see reg. 1(2)

Notice of terminationI938

The information to be contained in a notice referred to in regulation 30(3)(a) is—

a

a summary of the investigation to date;

b

the date the notice comes into effect;

c

the reasons for termination.

Annotations:
Commencement Information
I93

Sch. para. 8 in force at 6.3.2019 with effect in accordance with reg. 1(3)-(8), see reg. 1(2)

Notice of initiation of a reviewI949

The information to be contained in a notice referred to in regulation F14033A(6)(a) (in which case only subparagraphs (a) to (f) and (i) to (l) apply), 34(2)(a), 35(5)(a) F3535A(3)(a), 35B(5)(a) or 49(3)(b) F64(in which case only subparagraphs (d) to (n) apply) is—

a

details of the content of the relevant public notice made under section 13 of the Act to which the review relates;

b

where applicable, the contact details for or on behalf of the review applicant, unless the TRA is treating such information as confidential in accordance with regulation 16 (confidential information);

F5c

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

d

the type of review initiated;

e

the date of initiation of the review;

f

the description of the goods subject to review; and

g

the period of investigation for the review;

h

where applicable, a description of the UK producers on behalf of which the review application is made;

i

a summary of the reasons for initiating a review;

j

a summary of the issue involved in the review;

k

a summary of the review process;

l

the address of the TRA to which comments by interested parties and persons with sufficient interest in the review is to be delivered, or the means by which such comments are to be delivered;

m

details of a registration period during which interested parties, or any other person, may make themselves known to the TRA; and

n

a statement that interested parties may request that the TRA conduct a hearing.

Notice of the Secretary of State accepting or rejecting a recommendation by the TRA on the variation of a definitive safeguarding remedyI9510

The information to be contained in a notice referred to in paragraph 21(7)(a) of Schedule 5 to the Act or regulation 38(3)(a) is—

a

a description of the goods to which the notice relates;

b

a summary of the review;

c

the TRA's recommendation;

d

the reasons for the TRA's recommendation;

e

where the Secretary of State accepts the TRA's recommendation—

i

that such notice is a public notice made under section 13 of the Act;

ii

a specified period during which the varied definitive safeguarding remedy is applicable;

iii

details of exceptions of goods from the application of the definitive safeguarding remedy, if any;

F141f

where the Secretary of State rejects the TRA’s recommendation—

i

and makes a decision under regulation 38(2C)—

aa

that such notice is a public notice made under section 13 of the Act; and

bb

the reasons for the Secretary of State’s rejection, and for varying the application of a definitive safeguarding remedy other than in accordance with the recommendation or revoking it;

ii

and does not make a decision under regulation 38(2C), the reasons for the Secretary of State’s rejection.

Notice of the Secretary of State accepting or rejecting a recommendation by the TRA to revoke the application of a definitive safeguarding remedyI9611

The information to be contained in a notice referred to in paragraph 21(7)(a) of Schedule 5 to the Act or regulation 38(3)(a) is—

a

a description of the goods to which the notice relates;

b

a summary of the review;

c

the TRA's recommendation;

d

the reasons for the TRA's recommendation;

e

where the Secretary of State accepts the TRA's recommendation—

i

that such notice is a public notice made under section 13 of the Act;

ii

the date that the F6notice takes effect, which must be the day after the date of publication of the notice;

f

where the Secretary of State rejects the TRA's recommendation, the reasons for the Secretary of State's rejection.

Notice of termination of a reviewI9712

The information to be contained in a notice referred to in regulation 37(5)(a) or F6549(10) is—

a

a summary of the review to date;

b

the date the notice comes into effect;

c

the reasons for termination.

Notice of the Secretary of State accepting or rejecting a recommendation by the TRA regarding suspension of a definitive safeguarding remedyI9813

The information to be contained in a notice referred to in paragraph 24(6)(a) of Schedule 5 to the Act or regulation 39(11)(a) is—

a

a description of the goods to which the notice relates;

b

the TRA's recommendation;

c

the reasons for the TRA's recommendation;

d

where the Secretary of State accepts the TRA's recommendation—

i

that such notice is a public notice made under section 13 of the Act;

ii

the period of suspension;

F142e

where the Secretary of State rejects the TRA’s recommendation—

i

and makes a decision under regulation 39(10B)—

aa

that such notice is a public notice made under section 13 of the Act; and

bb

the reasons for the Secretary of State’s rejection and for suspending the definitive safeguarding remedy other than in accordance with the recommendation;

ii

and does not make a decision under regulation 39(10B), the reasons for the Secretary of State’s rejection.

Notice of the Secretary of State accepting or rejecting a recommendation by the TRA regarding extension of the period of suspensionI9914

The information to be contained in a notice referred to in F143paragraph 24(6)(a) of Schedule 5 to the Act or regulation 41(9)(a) is—

a

a description of the goods to which the notice relates;

b

the TRA's recommendation;

c

the reasons for the TRA's recommendation;

d

the Secretary of State's decision to accept or reject the recommendation and the reasons for the decision;

e

where the Secretary of State accepts the TRA's recommendation—

i

that such notice is a public notice made under section 13 of the Act;

ii

the extended period of suspension;

F144f

where the Secretary of State rejects the TRA’s recommendation—

i

and makes a decision under regulation 41(8B)—

aa

that such notice is a public notice made under section 13 of the Act; and

bb

the reasons for the Secretary of State’s rejection and for extending a period of suspension other than in accordance with the recommendation;

ii

and does not make a decision under regulation 41(8B), the reasons for the Secretary of State’s rejection.

Notice of the Secretary of State accepting or rejecting a recommendation by the TRA regarding reinstatement of a definitive safeguarding remedyI10015

The information to be contained in a notice referred to in regulation 42(4)(a) or (6)(a) is—

a

a description of the goods to which the notice relates;

b

the TRA's recommendation and the reasons for the recommendation;

c

the Secretary of State's decision to accept or reject the recommendation and the reasons for the decision;

d

where the Secretary of State accepts the TRA's recommendation—

i

that such notice is a public notice made under section 13 of the Act;

ii

the date that the F7notice takes effect, which must be the day after the date of publication of the public notice under section 13 of the Act giving effect to the recommendation;

e

where the Secretary of State rejects the TRA's recommendation, the reasons for the Secretary of State's rejection.

F22Notice of initiation of international dispute investigation16

The information referred to in regulation 42C(2) is—

a

the date of initiation of the investigation;

b

a description of the goods concerned;

c

a description of the definitive safeguarding remedy to which the investigation relates;

d

a summary of the international dispute decision;

e

a summary of the investigation process; and

f

any other information the TRA considers relevant.

Notice of determination F145to maintain the application of a definitive safeguarding remedy in an international dispute investigation17

The information referred to in regulation 42F(3) F146... is—

a

a description of the goods concerned;

b

a description of the definitive safeguarding remedy to which the notice relates;

c

a summary of the investigation;

d

a summary of the international dispute decision;

e

the determination made in light of the international dispute decision;

f

the reason for the determination;

g

the date of the determination; and

h

any other information the TRA considers relevant.

F76Notice of the Secretary of State accepting or rejecting a recommendation by the TRA relating to an international dispute investigation18

The information to be contained in a notice referred to in paragraph 22(4)(a) of Schedule 5 to the Act or regulation 42I(4) is—

a

a description of the goods to which the notice relates;

b

a description of the definitive safeguarding remedy to which the notice relates;

c

a summary of the investigation;

d

a summary of the international dispute decision;

e

the TRA’s determination made in the light of the international dispute decision;

f

the reasons for the TRA's recommendation to vary or revoke the definitive safeguarding remedy;

g

where the Secretary of State accepts the TRA’s recommendation to vary the definitive safeguarding remedy—

i

that such notice is a public notice made under section 13 of the Act;

ii

a specified period for which the definitive safeguarding remedy is applicable;

iii

details of exceptions of goods from the application of the definitive safeguarding remedy, if any;

h

where the Secretary of State accepts the TRA’s recommendation to revoke the definitive safeguarding remedy—

i

that such notice is a public notice made under section 13 of the Act;

ii

the date that the notice takes effect, which must be the day after the date of publication of the notice;

i

where the Secretary of State rejects the TRA’s recommendation—

i

and makes a decision under regulation 42I(3C)—

aa

that such notice is a public notice made under section 13 of the Act; and

bb

the reasons for the Secretary of State’s rejection, and for varying the application of a definitive safeguarding remedy other than in accordance with the recommendation or revoking it;

ii

and does not make a decision under regulation 42I(3C), the reasons for the Secretary of State’s rejection.

(This note is not part of the Regulations)

M4These Regulations are made under and for the purpose of sections 13, 32, 51 and 56 of, and Schedule 5 to, the Taxation (Cross-border Trade) Act 2018 (“the Act”) .

Schedule 5 to the Act establishes a regime under which the Trade Remedies Authority (“the TRA”), when established, will investigate prima facie instances of increases in imports causing serious injury to UK producers. The TRA itself will be established by the Trade Bill when it receives Royal Assent.

The process of investigation and the circumstances in which an additional amount of import duty or a tariff rate quota may be applied is provided for by agreements under the auspices of the World Trade Organization to which the United Kingdom is a party. Specifically, these agreements are the General Agreement on Tariffs and Trade 1994 (“GATT”) (Article XIX in particular) and the Agreement on Safeguards (the “SGA”) in Annex 1A to the Marrakesh Agreement establishing the World Trade Organization (concluded on 15 April 1994, entered into force 1 January 1995). These Regulations are intended to be consistent with the United Kingdom's obligations under those agreements.

The purpose of these investigations by the TRA is to consider whether there is evidence that goods are being imported into the United Kingdom in increased quantities and are causing serious injury to UK industry such that it should recommend to the Secretary of State that an additional amount of import duty or a tariff rate quota be applied to the goods in question. The TRA's duty to make recommendations for the imposition of provisional and/or definitive measures is set out in Parts 3 and 4 of Schedule 5 to the Act. Any additional amount of import duty or a tariff rate quota is given effect by the Secretary of State publishing a public notice under section 13 of the Act.

Part 1 (Introductory) sets out the introductory provisions of the Regulations and includes the definitions that apply throughout. It also provides that the Regulations will apply as modified by Part 10 until the TRA is established.

M5Part 2 (Increased quantities) of the Regulations provides for how the TRA will determine whether or not there are goods imported in increased quantities in accordance with paragraph 1 of Schedule 5 to the Act. It broadly reflects Article XIX of the GATT, Article 2 of the SGA and Articles 9 and 15 of Regulation (EU) 2015/478 of 11 March 2015 on common rules for imports . The regulations in this Part set out: how the TRA will determine whether there are increased quantities of imports; whether that increase is significant, and whether the importation of goods in increased quantities was foreseeable.

Part 3 (Serious injury and causation) of the Regulations provides for how the TRA will determine whether the importation of those goods has caused serious injury to UK producers. The regulations in this Part broadly reflect Articles 2 and 4 of the SGA, and Article 9 and 15 of Regulation (EU) 2015/478.

Part 4 (Determination of an adequate amount to prevent or remove the serious injury and remedies) of the Regulations provides for how the TRA will determine the appropriate remedy to prevent the serious injury established under Part 3. The regulations provide for two possible remedies: an additional amount of import duty or a tariff rate quota. The regulations in this Part broadly reflect Articles 5 and 6 of the SGA, and Article 16 of Regulation (EU) 2015/478.

Part 5 (Initiation and conduct of an investigation) of the Regulations provides for the TRA to initiate and conduct investigations to consider whether to recommend to the Secretary of State the imposition of provisional and/or definitive safeguarding remedies. In particular, the regulations in this Part set out: the requirements on the content of an application for the initiation of an investigation; how the TRA will assess such an application; how the TRA will treat confidential information; the conduct of authentication visits and hearings, and the disclosure of information forming the basis of the TRA's determinations. The regulations reflect Article 3 of the SGA and Chapter III of Regulation (EU) 2015/478.

Part 6 (Reviews) of the Regulations provides for the TRA to review existing safeguarding remedies so as to recommend the maintenance, variation (including extension of duration) or revocation of the relevant measure. It broadly reflects Article 7 of the SGA and Article 19 of Regulation (EU) 2015/478.

Part 7 (Suspension) of the Regulations provides for the TRA to consider and recommend temporary suspension of safeguarding measures to the Secretary of State. The regulations in this Part set out: the circumstances in which the TRA may recommend temporary suspension; the matters which it may consider in making its determination; how an interested party can apply for temporary suspension; the duration of the temporary suspension, and the circumstances in which the TRA may recommend the reinstatement of a measure.

Part 8 (Supplementary) of the Regulations provides for exceptions to the general application of safeguarding measures.

Part 9 (Transitional provisions) of the Regulations makes provision for certain EU safeguarding remedies (tariff rate quotas) that are in existence when the United Kingdom leaves the EU to take effect (with appropriate adjustments) as new UK tariff rate quotas. Among other things, this Part obliges the TRA to carry out a review of these new remedies, with a view to their adjustment to meet the circumstances of the UK market (or, in appropriate cases, their revocation i.e. where it is determined that the tariff rate quotas are no longer needed). This Part provides that, upon the conclusion of this “transition review”, the TRA is to make a recommendation to the Secretary of State as to the variation, revocation or replacement of these tariff rate quotas.

Part 10 (Transitional provisions relating to the TRA) temporarily modifies these Regulations in that it provides for the Secretary of State to conduct investigations and reviews, and make decisions and determinations under Parts 2 to 9 of these Regulations (as modified in accordance with Part 10) until the TRA is established.

An impact assessment has not been prepared for this instrument as the expected impact of the trade remedies system has already been assessed in the impact assessment accompanying the Taxation (Cross-border Trade) Act 2018.

A copy of the Explanatory Memorandum is published alongside this instrument on www.legislation.gov.uk. Further information is available from the Department for International Trade, 3 Whitehall Place, London SW1A 2AW and on the gov.uk website (www.gov.uk).