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

[F1[F2Powers of the Secretary of State in relation to the TRA’s recommendation]U.K.

This section has no associated Explanatory Memorandum

88I.—(1) The Secretary of State must [F3—

(a)accept or reject a recommendation made under regulation 88G(1) or 88H(2); 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) Where the Secretary of State accepts a recommendation which contains options given in reliance on paragraph 88G(3A), the Secretary of State must decide which of those options to adopt.]

[F5(2) The Secretary of State may reject a recommendation under regulation 88G(1) only if the Secretary of State is satisfied it is not in the public interest to accept it.]

[F6(3) The Secretary of State may reject a recommendation under regulation 88H(2) only if the Secretary of State is satisfied it is not in the public interest to accept it.]

[F7(3A) In considering the public interest under paragraph (2), the Secretary of State must have regard to the TRA’s advice on whether the variation of the application of an anti-dumping amount or a countervailing amount, as the case may be, in accordance with the recommendation, or in accordance with each option, as the case may be, would meet the economic interest test (see paragraph 25 of Schedule 4 to the Act).]

(4) If the Secretary of State rejects a recommendation [F8and does not make a decision under regulation 88J(2)], the Secretary of State must—

[F9(a)publish a notice containing the information referred to in paragraph 3 of Schedule 5A;]

(b)notify interested parties; and

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

[F10(5) Where the Secretary of State accepts the TRA’s recommendation, the notice published by the Secretary of State under paragraph 22(4)(a) of Schedule 4 to the Act must contain the information set out in paragraph 3 of Schedule 5A.

(6) 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 investigation 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.

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

(8) 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.]

Textual Amendments

F3Reg. 88I(1)(a)(b) substituted for words in reg. 88I(1) (23.5.2024) by The Trade Remedies (Amendment) Regulations 2024 (S.I. 2024/545), regs. 1(2), 27(b) (with reg. 2)