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

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Powers of the Secretary of State in relation to the TRA’s recommendation

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45.—(1) The Secretary of State must—

(a)accept or reject a recommendation made under regulation 43(1) or 44(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.

(2) Where the Secretary of State accepts a recommendation which contains options given in reliance on regulation 43(2), the Secretary of State must decide which of those options to adopt.

(3) The Secretary of State may reject a recommendation made under regulation 43(1), or regulation 44(2), only if the Secretary of State is satisfied it is not in the public interest to accept the recommendation.

(4) In considering the public interest under paragraph (3) in relation to a recommendation made under regulation 43(1), the Secretary of State must have regard to the TRA’s advice on whether the variation of the application of a definitive bilateral safeguarding remedy in accordance with the recommendation, or in accordance with each option, as the case may be, would meet the economic interest test.

(5) Paragraph (6) applies if—

(a)the TRA makes a recommendation to vary the application of a definitive bilateral safeguarding remedy, and

(b)the Secretary of State rejects the recommendation.

(6) 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 definitive bilateral safeguarding remedy should be varied other than in accordance with the recommendation, or revoked.

(7) If the Secretary of State rejects a recommendation and does not make a decision under paragraph (6), the Secretary of State must—

(a)publish notice of the Secretary of State’s decision not to vary or revoke the definitive bilateral safeguarding remedy containing the information set out in paragraph 16 of Schedule 1, and

(b)notify interested parties.

(8) 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.

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

(10) 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.

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