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[F1PART 12U.K.Transitional provisions

Textual Amendments

CHAPTER 4U.K.Transition review

DecisionU.K.

[F2Powers of the Secretary of State in relation to the TRA’s recommendation]U.K.

101.—[F3(1) The Secretary of State must—

(a)accept or reject the recommendation made under regulation 100(1); 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.]

[F4(1A) The Secretary of State may reject the recommendation only if the Secretary of State is satisfied that it is not in the public interest to accept it.

(1B) Where the Secretary of State accepts a recommendation which contains options given in reliance on regulation 100(1A), the Secretary of State must decide which of those options to adopt.]

[F5(2) In considering what action to take under paragraph (1), the Secretary of State must have regard to the TRA’s advice on whether the application of an anti-dumping amount or a countervailing amount to goods in accordance with the recommendation, or in accordance with each option, as the case may be, would meet the economic interest test.]

[F6(2A) 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.

(2B) Before making a request under paragraph (1)(b), the Secretary of State must consult the TRA.

(2C) 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.]

F7(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Rejection of recommendationU.K.

101A.—(1) This regulation applies if the Secretary of State rejects [F8under regulation 101(1) a recommendation] [F9and does not make a decision under regulation 101D].

(2) The Secretary of State must—

(a)publish a notice containing—

(i)a description of the goods to which the notice relates;

(ii)a summary of the review;

(iii)the recommendation made under regulation 100(1);

(iv)the reasons for rejecting the recommendation;

(b)notify interested parties;

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

Textual Amendments

Acceptance of recommendation before replacement of EU trade dutyU.K.

101B.—(1) This regulation applies if the Secretary of State accepts [F10under regulation 101(1) a recommendation] before replacement of EU trade duty.

(2) The Secretary of State must publish a notice containing—

(a)in relation to a recommendation of variation—

(i)the information set out in regulation [F11101A(2)(a)(i) to (iii)];

(ii)a statement that the EU trade remedies measure will be transitioned on replacement of EU trade duty;

(b)in relation to a recommendation of revocation—

(i)the information set out in regulation [F12101A(2)(a)(i) to (iii)];

(ii)a statement that the EU trade remedies measure will not be transitioned on replacement of EU trade duty.

Textual Amendments

Acceptance of recommendation after replacement of EU trade dutyU.K.

101C.—(1) This regulation applies if the Secretary of State accepts [F13under regulation 101(1) a recommendation] after replacement of EU trade duty.

(2) The Secretary of State must—

(a)make provision by public notice giving effect to that recommendation;

(b)notify interested parties.

(3) A notice made under paragraph (2)(a) must—

(a)contain the information set out in regulation [F14101A(2)(a)(i) to (iii)];

(b)specify —

(i)the anti-dumping amount or the countervailing amount;

(ii)the goods or the description of the goods to which the anti-dumping amount or the countervailing amount applies;

(iii)the period beginning on the appropriate date for which the anti-dumping amount or the countervailing amount is to apply to those goods.]

Textual Amendments

[F15Secretary of State’s power to apply an alternative remedyU.K.

101D.—(1) This regulation applies where—

(a)the TRA makes a recommendation under regulation 100(1) to vary the application of the anti-dumping amount or the countervailing amount; and

(b)the Secretary of State rejects the recommendation.

(2) 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 anti-dumping amount or countervailing amount should be varied other than in accordance with the recommendation, or revoked.

(3) Where the Secretary of State makes a decision under paragraph (2), the Secretary of State must—

(a)publish notice of the decision;

(b)notify interested parties accordingly; and

(c)lay a statement before the House of Commons setting out the reasons for making the decision.

(4) A notice made under paragraph (3)(a) must—

(a)contain the information set out in regulation 101A(2)(a)(i) to (iii);

(b)where applicable, specify—

(i)the reason for rejecting the recommendation and for applying the alternative anti-dumping or countervailing amount;

(ii)the alternative anti-dumping or countervailing amount;

(iii)the period beginning on the appropriate date for which the anti-dumping or countervailing amount is to apply to those goods.

Textual Amendments

Power to request assistance etc. from TRAU.K.

101E.—(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 101D(2).

(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).]

Textual Amendments