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

76.  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 review

51.— (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.

[F1 (3A) 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 [F2 after 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.”.

Textual Amendments

F1 Words in reg. 76 inserted (5.8.2020) by The Trade Remedies (Amendment) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/730), regs. 1, 13(a)

F2 Words in reg. 76 inserted (5.8.2020) by The Trade Remedies (Amendment) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/730), regs. 1, 13(b)

Commencement Information

I1 Reg. 76 in force at 6.3.2019 with effect in accordance with reg. 1(3)-(8), see reg. 1(2)