The Trade Remedies (Increase in Imports as a Result of a Free Trade Agreement Causing Serious Injury to UK Producers) Regulations 2024

Part 4Determination of an adequate amount to prevent or remove serious injury and remedies

Determination and assessment of an adequate amount to prevent or remove serious injury

11.—(1) For the purpose of paragraphs 12(4), 13(5), 17(4)(a) and 18(5)(a) of Schedule 5 to the Act, the TRA must determine a provisional bilateral safeguarding remedy or definitive bilateral safeguarding remedy (a “relevant remedy”) in accordance with this Part.

(2) The TRA must determine the relevant remedy which it is satisfied is necessary to prevent or remove serious injury to UK producers of the like goods and directly competitive goods based on an assessment of the minimum increase in average import prices of the goods concerned that would prevent or remove serious injury.

(3) In making that assessment, where relevant, the TRA must have regard to—

(a)the weighted average price of the goods concerned imported into the United Kingdom, and

(b)an assessment of the prices in the United Kingdom that UK producers of the like goods and directly competitive goods could have expected to achieve under normal conditions of competition in the absence of the importation of the goods concerned in increased quantities into the United Kingdom.