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

[F1 Determination U.K.

Textual Amendments

F1 Pt. 7A inserted (1.3.2020) by The Trade Remedies (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/99), regs. 1, 10

Determination to maintain U.K.

42F.— (1) This regulation applies if the TRA determines the application to goods of a definitive safeguarding remedy should be maintained.

[F2 (1A) 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.

Textual Amendments

F2 Reg. 42F(1A)-(1F) inserted (25.9.2023) by The Trade Remedies (Increase in Imports Causing Serious Injury to UK Producers) (EU Exit) (Amendment) Regulations 2023 (S.I. 2023/954), regs. 1(2), 21 (with reg. 2)

Determination to vary U.K.

42G.— [F3 (1) 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.]

F4 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F5 (2A) 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.]

F6 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3 Reg. 42G(1) substituted (25.9.2023) by The Trade Remedies (Increase in Imports Causing Serious Injury to UK Producers) (EU Exit) (Amendment) Regulations 2023 (S.I. 2023/954), regs. 1(2), 22(a) (with reg. 2)

F4 Reg. 42G(2) omitted (25.9.2023) by virtue of The Trade Remedies (Increase in Imports Causing Serious Injury to UK Producers) (EU Exit) (Amendment) Regulations 2023 (S.I. 2023/954), regs. 1(2), 22(b) (with reg. 2)

F5 Reg. 42G(2A)-(2E) inserted (25.9.2023) by The Trade Remedies (Increase in Imports Causing Serious Injury to UK Producers) (EU Exit) (Amendment) Regulations 2023 (S.I. 2023/954), regs. 1(2), 22(c) (with reg. 2)

F6 Reg. 42G(3) omitted (25.9.2023) by virtue of The Trade Remedies (Increase in Imports Causing Serious Injury to UK Producers) (EU Exit) (Amendment) Regulations 2023 (S.I. 2023/954), regs. 1(2), 22(d) (with reg. 2)

F7 Reg. 42G(4) omitted (25.9.2023) by virtue of The Trade Remedies (Increase in Imports Causing Serious Injury to UK Producers) (EU Exit) (Amendment) Regulations 2023 (S.I. 2023/954), regs. 1(2), 22(d) (with reg. 2)

Determination to revoke U.K.

42H.— (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.]