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38.—(1) Where the TRA makes a recommendation in accordance with regulation 37(1), the Secretary of State must accept or reject the recommendation.
(2) The Secretary of State may reject the recommendation only if the Secretary of State is satisfied that—
(a)where relevant, the application of a definitive safeguarding remedy to the goods subject to review in accordance with the recommendation does not meet the economic interest test (see paragraph 23 of Schedule 5 to the Act); or
(b)it is not otherwise in the public interest to accept the recommendation.
(3) Where the Secretary of State rejects the recommendation, 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.
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