The Trade Remedies (Amendment) Regulations 2024

Chapter 6 Amendment of Part 9A (investigation in light of an international dispute decision)

Amendment of regulation 88B (suspension of an anti-dumping amount or a countervailing amount)

24.  Omit regulation 88B(3)(a)(ii).

Amendment of regulation 88F (determination to maintain)

25.  In regulation 88F—

(a) in paragraph (1), for “determines” substitute “proposes to determine that”;

(b) after paragraph (1), insert—

“(1A) The TRA must notify the Secretary of State of its proposed determination.

(1B) Where the Secretary of State has been notified in accordance with paragraph (1A), the Secretary of State may, within the relevant period (and subject to paragraph (1C)), request that the TRA reassess its proposed determination by reference to any matter specified in the request.

(1C) The Secretary of State may only make a request under paragraph (1B) 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 proposed determination;

(b) the TRA has made an error in relation to its proposed determination; or

(c) exceptional circumstances make the request appropriate.

(1D) The TRA must comply with a request under paragraph (1B).

(1E) The TRA may not make its proposed determination until—

(a) the relevant period has ended; or

(b) if the Secretary of State informs the TRA within the relevant period that the Secretary of State will not make a request under paragraph (1B), the time when the TRA receives that information.

(1F) For the purposes of paragraphs (1B) and (1E), the “relevant period” is the period of 21 days beginning with the day on which the TRA notifies the Secretary of State that it proposes to make the determination in question.”.

Amendment of regulation 88G (determination to vary)

26.  In regulation 88G—

(a) for paragraph (1) substitute—

“(1) If the TRA determines the application to goods of an anti-dumping amount or a countervailing amount should be varied, the TRA must make a recommendation to the Secretary of State to that effect.”;

(b) omit paragraph (2);

(c) after paragraph (3), insert—

“(3A) Where, in relation to a recommendation under paragraph (1), the TRA considers that there are two or more options which it could recommend, it may give the Secretary of State each of those options as part of its recommendation.

(3B) The TRA must consider whether it could give the Secretary of State two or more options as part of its recommendation under paragraph (1)—

(a) where the TRA considers that varying an anti-dumping amount or a countervailing amount in accordance with its proposed recommendation would not meet the economic interest test;

(b) where the TRA otherwise considers that it is appropriate.

(3C) Where, after considering whether it could give the Secretary of State two or more options as part of its recommendation in accordance with paragraph (1), the TRA considers that there is only one option which it could reasonably recommend under paragraph (3A), it must give the Secretary of State its reasons for reaching that conclusion.

(3D) Where the TRA gives the Secretary of State options, it must—

(a) give the Secretary of State its reasons for including each option; and

(b) inform the Secretary of State which option it prefers and why.

(3E) Where the TRA makes a recommendation under paragraph (1), it must advise the Secretary of State whether and why it considers that varying the application of an anti-dumping amount or a countervailing amount, as the case may be, in accordance with its 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).”;

(d) omit paragraphs (4) and (5).

Amendment of regulation 88I (acceptance or rejection of a recommendation)

27.  In regulation 88I—

(a) for the heading substitute “Powers of the Secretary of State in relation to the TRA’s recommendation”;

(b) in paragraph (1), for the words from “accept or reject” to the end substitute—

“—

(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”;

(c) after paragraph (1), insert—

“(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.”;

(d) for paragraph (2), substitute—

“(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.”;

(e) for paragraph (3), substitute—

“(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.”;

(f) after paragraph (3), insert—

“(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).”;

(g) in paragraph (4)—

(i) after “rejects a recommendation”, insert “and does not make a decision under regulation 88J(2)”;

(ii) for sub-paragraph (a) substitute—

“(a) publish a notice containing the information referred to in paragraph 3 of Schedule 5A;”;

(h) after paragraph (4), insert—

“(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.”.

Insertion of regulations 88J and 88K

28.  After regulation 88I and before Part 10, insert—

“Secretary of State’s power to apply an alternative remedy

88J.— (1) This regulation applies where the Secretary of State rejects a recommendation under regulation 88I(2).

(2) 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 anti-dumping amount or countervailing amount should be varied other than in accordance with the recommendation, or revoked.

(3) Where the Secretary of State makes a decision under paragraph (2)—

(a) 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; and

(b) the Secretary of State must lay a statement before the House of Commons setting out the reasons for the decision.

Power to request assistance etc. from TRA

88K.— (1) The Secretary of State may request that the TRA give advice, information or other support to the Secretary of State for the purpose of allowing the Secretary of State to decide whether to make a decision under regulation 88J(2).

(2) The Secretary of State may include in a request under paragraph (1) a requirement that the TRA investigate and provide a report on any matter specified in the request.

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

(4) The TRA must comply with a request under paragraph (1).”.