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

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.

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.

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.

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.

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.

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.

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);

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