The Trade Remedies (Dumping and Subsidisation) (EU Exit) Regulations 2019

Acceptance or rejection of the TRA’s recommendation by the Secretary of State

76.—(1) Where the TRA makes a recommendation in accordance with regulation 75 (TRA recommendation to the Secretary of State), the Secretary of State must accept or reject the recommendation.

(2) The Secretary of State may reject the TRA’s recommendation only if the Secretary of State is satisfied that it is not in the public interest to accept the recommendation.

(3) In considering that, where the recommendation is one which comprises or includes extending the period for which an anti-dumping amount or a countervailing amount applies following an interim or expiry review, the Secretary of State must accept the TRA’s determination that the application of an anti-dumping amount or a countervailing amount to goods in accordance with the recommendation meets the economic interest test, unless the Secretary of State is satisfied that the determination is not one that the TRA could reasonably have made.

(4) Where the Secretary of State rejects the TRA’s recommendation, the Secretary of State must—

(a) publish a notice containing the information set out in paragraph 3 or 4 of Schedule 3;

(b) notify interested parties; and

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

(5) Where the Secretary of State accepts the TRA’s recommendation, the notice published by the Secretary of State under paragraph 21(7)(a) of Schedule 4 to the Act must contain the information set out in paragraph 3 or 4 of Schedule 3.