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10.—(1) The Secretary of State may—
(a)in the absence of a request received under regulation 7(1); and
(b)in the circumstances described in paragraph (2),
recommend to the Treasury that goods of a particular commodity code are to be specified goods for the purposes of section 12(1) of the Act and of these Regulations.
(2) The circumstances described in this paragraph are where the Secretary of State is satisfied—
(a)that—
(i)the goods concerned are not produced domestically; or
(ii)a suitable alternative to those goods is not available on the domestic market;
(b)that the measure is necessary to—
(i)maintain the supply of food or other finished products to the domestic market; or
(ii)mitigate price increases for consumers and United Kingdom businesses that are reliant on imports; or
(c)that other exceptional circumstances exist in which the application of an exceptional duty suspension rate is necessary in respect of those goods.
(3) Part 2 of these Regulations does not apply for the purposes of a recommendation made by the Secretary of State under this regulation.
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