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The Trade Remedies (Increase in Imports Causing Serious Injury to UK Producers) (EU Exit) Regulations 2019

Type Statutory-Instrument
Publication 2019-03-04
Last updated 2024-05-23
State In force
Department King's Printer of Acts of Parliament
Source legislation.gov.uk
PDF Download
articles Not indexed
Reform history JSON API

[^key-537a4b21e05f922fd4b1153cc5dd2589]: Words in reg. 70 omitted (1.3.2020) by virtue of The Trade Remedies (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/99), regs. 1, 13

[^key-f52531aa53b1df92004d0c1bfd8d4155]: Words in Sch. para. 9 inserted (1.3.2020) by The Trade Remedies (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/99), regs. 1, 16(a)

[^key-7194ac949f7c3f81295e5e45ccb92936]: Reg. 35B(8) substituted (5.8.2020) by The Trade Remedies (Amendment) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/730), regs. 1, 3

[^key-6242f2b4a9976badacc448bf318c3ba1]: Reg. 42B(3) substituted (5.8.2020) by The Trade Remedies (Amendment) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/730), regs. 1, 4

[^key-40c5411bdb41b2b03d4898189dfffdad]: Word in reg. 44(1) substituted (5.8.2020) by The Trade Remedies (Amendment) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/730), regs. 1, 5

[^key-45a4eefdfbc222cbe72965dbfa2aa1c2]: Reg. 47(3)(d) inserted (5.8.2020) by The Trade Remedies (Amendment) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/730), regs. 1, 7(b)(iii)

[^key-215c187005a8db93fd40c0710b4894e3]: Words in reg. 47(3)(a) omitted (5.8.2020) by virtue of The Trade Remedies (Amendment) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/730), regs. 1, 7(b)(i)

[^key-ac2a5d2dba13e54e950c11b0852a844c]: Words in reg. 47(3)(c) substituted (5.8.2020) by The Trade Remedies (Amendment) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/730), regs. 1, 7(b)(ii)

[^key-fae078fefb98975190130420ceecf4d2]: Words in reg. 47(2) inserted (5.8.2020) by The Trade Remedies (Amendment) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/730), regs. 1, 7(a)

[^key-b8c88ae27c09fefe992e70f47210cfae]: Words in reg. 45 substituted (5.8.2020) by The Trade Remedies (Amendment) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/730), regs. 1, 6(a)

[^key-5a05fac03abe27c86c352566612d5dba]: Words in reg. 45 substituted (5.8.2020) by The Trade Remedies (Amendment) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/730), regs. 1, 6(b)

[^key-945220c1ffd151d293dc097ef3141cad]: Words in reg. 49 heading substituted (5.8.2020) by The Trade Remedies (Amendment) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/730), regs. 1, 8(1)

[^key-dcdcefdb2fa79b3746f383fc1b251aba]: Reg. 49(5A) inserted (5.8.2020) by The Trade Remedies (Amendment) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/730), regs. 1, 8(2)(d)

[^key-f76d9d0fa30ee065b28b5ff7226071e0]: Words in reg. 49(1)(a) substituted (5.8.2020) by The Trade Remedies (Amendment) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/730), regs. 1, 8(2)(a)

[^key-8586de46d13dfb4e68e5067a60a7747d]: Reg. 49(3)(a) substituted (5.8.2020) by The Trade Remedies (Amendment) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/730), regs. 1, 8(2)(b)(i)

[^key-22faacab5743e32788eb529c7c49918c]: Words in reg. 49(3)(b) inserted (5.8.2020) by The Trade Remedies (Amendment) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/730), regs. 1, 8(2)(b)(ii)

[^key-790bd1f1f0f99aef7a022ffa56d42d82]: Words in reg. 49(5)(d) inserted (5.8.2020) by The Trade Remedies (Amendment) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/730), regs. 1, 8(2)(c)

[^key-3ef09c18fd265f5e5c8ef9e418968c4b]: Words in reg. 49(8) inserted (5.8.2020) by The Trade Remedies (Amendment) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/730), regs. 1, 8(2)(e)

[^key-cc9265f8b9739ff4caceec86cc547606]: Reg. 49(9)(10) substituted (5.8.2020) by The Trade Remedies (Amendment) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/730), regs. 1, 8(2)(f)

[^key-3235ca72182f9b0a5b0dd15e7808cc4f]: Words in reg. 50(2) inserted (5.8.2020) by The Trade Remedies (Amendment) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/730), regs. 1, 9(a)(i)

[^key-f50c9a813e243f70b63753f31d4103be]: Words in reg. 50(2) omitted (5.8.2020) by virtue of The Trade Remedies (Amendment) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/730), regs. 1, 9(a)(ii)

[^key-f557f8b1dfe1dd451eb0c7858e28020c]: Words in reg. 50(6)(d) inserted (5.8.2020) by The Trade Remedies (Amendment) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/730), regs. 1, 9(b)

[^key-026da1265ca4dc69c837a5c731a2ae01]: Reg. 50(7) substituted (5.8.2020) by The Trade Remedies (Amendment) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/730), regs. 1, 9(c)

[^key-7552bd2043170cf533928c8d0fa4eb9a]: Reg. 52(3A) inserted (5.8.2020) by The Trade Remedies (Amendment) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/730), regs. 1, 10(a)

[^key-86ca40ed5785730c65264e896cc12740]: Words in reg. 52(4) inserted (5.8.2020) by The Trade Remedies (Amendment) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/730), regs. 1, 10(b)

[^key-dcb2ac158425ea910f61d27efeb9632b]: Word in reg. 70A(c) substituted (5.8.2020) by The Trade Remedies (Amendment) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/730), regs. 1, 11

[^key-d602a1174082a83b91f8a37468336d9b]: Reg. 74 substituted (5.8.2020) by The Trade Remedies (Amendment) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/730), regs. 1, 12

[^key-61a0ce542c4ec2a3469db5f56fd0f190]: Words in reg. 76 inserted (5.8.2020) by The Trade Remedies (Amendment) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/730), regs. 1, 13(a)

[^key-55ef5eee61ce78a1dad0813e2f628e53]: Words in reg. 76 inserted (5.8.2020) by The Trade Remedies (Amendment) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/730), regs. 1, 13(b)

[^M_F_8e164f7d-245e-46df-d5a2-1a65e0096c91]: Reg. 86A omitted (5.8.2020) by The Trade Remedies (Amendment) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/730), regs. 1, 14

[^key-7bb39097bf9b1298c41df3b7e26242ac]: Words in Sch. para. 9 inserted (5.8.2020) by The Trade Remedies (Amendment) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/730), regs. 1, 15(1)

[^key-f0cfdc678cad6c1c1386dd75558f567a]: Word in Sch. para. 12 substituted (5.8.2020) by The Trade Remedies (Amendment) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/730), regs. 1, 15(2)

[^key-c7ac55f6dfd72923300245ebf7e8ece5]: Regulations modified (30.6.2021 at 6.00 p.m.) by The Trade Remedies (Extension of Tariff Rate Quota) (EU Exit) Regulations 2021 (S.I. 2021/783), regs. 1(1), 4

[^key-70500acb5fb41a8958e80826e565a117]: Words in reg. 45 inserted (23.7.2019) by The Trade Remedies (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/1076), regs. 1, 3(1)

[^key-360566f913cca98b644723059554f42f]: Words in reg. 2 inserted (3.5.2022) by The Trade Remedies (Miscellaneous Amendments) Regulations 2022 (S.I. 2022/414), regs. 1, 2(a)

[^key-a938e1904edd14c2aed59f98ffa4b3a4]: Words in reg. 2 inserted (3.5.2022) by The Trade Remedies (Miscellaneous Amendments) Regulations 2022 (S.I. 2022/414), regs. 1, 2(b)

[^key-96a69fd4635848e3b0dd265dd840a9b6]: Words in reg. 2 substituted (3.5.2022) by The Trade Remedies (Miscellaneous Amendments) Regulations 2022 (S.I. 2022/414), regs. 1, 2(c)

[^key-4491f773266af4bd409a00b5dd77d6a7]: Reg. 42I heading substituted (25.9.2023) by The Trade Remedies (Increase in Imports Causing Serious Injury to UK Producers) (EU Exit) (Amendment) Regulations 2023 (S.I. 2023/954), regs. 1(2), 23(a) (with reg. 2)

[^key-1ae440d6e311c59d4118ef69a99b4233]: Reg. 28A inserted (25.9.2023) by The Trade Remedies (Increase in Imports Causing Serious Injury to UK Producers) (EU Exit) (Amendment) Regulations 2023 (S.I. 2023/954), regs. 1(2), 6 (with reg. 2)

[^key-54a2f4a3e34433e9ed1d832a50e9db53]: Reg. 33A inserted (25.9.2023) by The Trade Remedies (Increase in Imports Causing Serious Injury to UK Producers) (EU Exit) (Amendment) Regulations 2023 (S.I. 2023/954), regs. 1(2), 7 (with reg. 2)

[^key-1ccea64aa86281683ab4fbeed6995484]: Reg. 38A inserted (25.9.2023) by The Trade Remedies (Increase in Imports Causing Serious Injury to UK Producers) (EU Exit) (Amendment) Regulations 2023 (S.I. 2023/954), regs. 1(2), 15 (with reg. 2)

[^key-a6e1e9d1d884fb86594262d0a6ab8d78]: Reg. 42J inserted (25.9.2023) by The Trade Remedies (Increase in Imports Causing Serious Injury to UK Producers) (EU Exit) (Amendment) Regulations 2023 (S.I. 2023/954), regs. 1(2), 24 (with reg. 2)

[^key-810943b40c83001358f6d130097d34ec]: Reg. 42ZA inserted (25.9.2023) by The Trade Remedies (Increase in Imports Causing Serious Injury to UK Producers) (EU Exit) (Amendment) Regulations 2023 (S.I. 2023/954), regs. 1(2), 19 (with reg. 2)

[^key-1756e27474ed453756b174a4b2a3879f]: Sch. para. 18 inserted (25.9.2023) by The Trade Remedies (Increase in Imports Causing Serious Injury to UK Producers) (EU Exit) (Amendment) Regulations 2023 (S.I. 2023/954), regs. 1(2), 25(9) (with reg. 2)

[^key-8530e323e49c8dcc7523912212638442]: Words in reg. 2 inserted (25.9.2023) by The Trade Remedies (Increase in Imports Causing Serious Injury to UK Producers) (EU Exit) (Amendment) Regulations 2023 (S.I. 2023/954), regs. 1(2), 4 (with reg. 2)

[^key-0868faf8e5b72a0e12d3d3dd8d29c014]: Reg. 24(6) omitted (25.9.2023) by virtue of The Trade Remedies (Increase in Imports Causing Serious Injury to UK Producers) (EU Exit) (Amendment) Regulations 2023 (S.I. 2023/954), regs. 1(2), 5 (with reg. 2)

[^key-f7e2ce53c9f610b32f1ed3d8a3f77d66]: Reg. 34(2A) inserted (25.9.2023) by The Trade Remedies (Increase in Imports Causing Serious Injury to UK Producers) (EU Exit) (Amendment) Regulations 2023 (S.I. 2023/954), regs. 1(2), 8(b) (with reg. 2)

[^key-235bc4eda67e718d054c86ca40e7f289]: Reg. 34(5)-(10) inserted (25.9.2023) by The Trade Remedies (Increase in Imports Causing Serious Injury to UK Producers) (EU Exit) (Amendment) Regulations 2023 (S.I. 2023/954), regs. 1(2), 8(c) (with reg. 2)

[^key-9bc169b441041d15f26fa5609331d911]: Words in reg. 34(2) substituted (25.9.2023) by The Trade Remedies (Increase in Imports Causing Serious Injury to UK Producers) (EU Exit) (Amendment) Regulations 2023 (S.I. 2023/954), regs. 1(2), 8(a)(i) (with reg. 2)

[^key-5af35979b97629a8e429992c8968ef5b]: Reg. 34(2)(aa) inserted (25.9.2023) by The Trade Remedies (Increase in Imports Causing Serious Injury to UK Producers) (EU Exit) (Amendment) Regulations 2023 (S.I. 2023/954), regs. 1(2), 8(a)(ii) (with reg. 2)

[^key-6da63254bf95443b27ac875d64fe57f8]: Reg. 35(2A) inserted (25.9.2023) by The Trade Remedies (Increase in Imports Causing Serious Injury to UK Producers) (EU Exit) (Amendment) Regulations 2023 (S.I. 2023/954), regs. 1(2), 9(a) (with reg. 2)

[^key-0feab23c1fc0644a546b4c29965db673]: Reg. 35(5A) inserted (25.9.2023) by The Trade Remedies (Increase in Imports Causing Serious Injury to UK Producers) (EU Exit) (Amendment) Regulations 2023 (S.I. 2023/954), regs. 1(2), 9(d) (with reg. 2)

[^key-c3e32e7697c9a1d79070dc9e673116d3]: Reg. 35(7A)-(7F) inserted (25.9.2023) by The Trade Remedies (Increase in Imports Causing Serious Injury to UK Producers) (EU Exit) (Amendment) Regulations 2023 (S.I. 2023/954), regs. 1(2), 9(e) (with reg. 2)

[^key-ce21c714a0d80163c2ab770a6f0fa09f]: Reg. 35(3) omitted (25.9.2023) by virtue of The Trade Remedies (Increase in Imports Causing Serious Injury to UK Producers) (EU Exit) (Amendment) Regulations 2023 (S.I. 2023/954), regs. 1(2), 9(b) (with reg. 2)

[^key-5b54577e73bd24e089613c1a1876559e]: Words in reg. 35(5) substituted (25.9.2023) by The Trade Remedies (Increase in Imports Causing Serious Injury to UK Producers) (EU Exit) (Amendment) Regulations 2023 (S.I. 2023/954), regs. 1(2), 9(c)(i) (with reg. 2)

[^key-b04dd9f58ac286762a95f29c8eb46b83]: Reg. 35(5)(aa) inserted (25.9.2023) by The Trade Remedies (Increase in Imports Causing Serious Injury to UK Producers) (EU Exit) (Amendment) Regulations 2023 (S.I. 2023/954), regs. 1(2), 9(c)(ii) (with reg. 2)

[^key-247d3af3a1c1e1b53ce2bf29c5b2434c]: Reg. 35A(3A) inserted (25.9.2023) by The Trade Remedies (Increase in Imports Causing Serious Injury to UK Producers) (EU Exit) (Amendment) Regulations 2023 (S.I. 2023/954), regs. 1(2), 10(b) (with reg. 2)

[^key-064b96d3daea477e14b5e2d53aeb494e]: Reg. 35A(6)-(11) inserted (25.9.2023) by The Trade Remedies (Increase in Imports Causing Serious Injury to UK Producers) (EU Exit) (Amendment) Regulations 2023 (S.I. 2023/954), regs. 1(2), 10(c) (with reg. 2)

[^key-e196f4f1e4b90ed6db19ef1fa882b38e]: Words in reg. 35A(3) substituted (25.9.2023) by The Trade Remedies (Increase in Imports Causing Serious Injury to UK Producers) (EU Exit) (Amendment) Regulations 2023 (S.I. 2023/954), regs. 1(2), 10(a)(i) (with reg. 2)

[^key-7399eb1cd2582c8d0d90b8cd91d2c4d3]: Reg. 35A(3)(aa) inserted (25.9.2023) by The Trade Remedies (Increase in Imports Causing Serious Injury to UK Producers) (EU Exit) (Amendment) Regulations 2023 (S.I. 2023/954), regs. 1(2), 10(a)(ii) (with reg. 2)

[^key-7d294ffa603044319b5d422cfe860bf6]: Reg. 35B(2A) inserted (25.9.2023) by The Trade Remedies (Increase in Imports Causing Serious Injury to UK Producers) (EU Exit) (Amendment) Regulations 2023 (S.I. 2023/954), regs. 1(2), 11(a) (with reg. 2)

[^key-40cf808628e7a9e02906cc517ed4b4a6]: Reg. 35B(5A) inserted (25.9.2023) by The Trade Remedies (Increase in Imports Causing Serious Injury to UK Producers) (EU Exit) (Amendment) Regulations 2023 (S.I. 2023/954), regs. 1(2), 11(c) (with reg. 2)

[^key-02e138cbf63712a9c71a764a59f15dac]: Reg. 35B(7A)-(7F) inserted (25.9.2023) by The Trade Remedies (Increase in Imports Causing Serious Injury to UK Producers) (EU Exit) (Amendment) Regulations 2023 (S.I. 2023/954), regs. 1(2), 11(d) (with reg. 2)

[^key-0afd1f699952cd6f5df6f04fc1d3e729]: Reg. 35B(5)(aa) inserted (25.9.2023) by The Trade Remedies (Increase in Imports Causing Serious Injury to UK Producers) (EU Exit) (Amendment) Regulations 2023 (S.I. 2023/954), regs. 1(2), 11(b)(ii) (with reg. 2)

[^key-7a1608d29a5933d311b6933442bd11ee]: Words in reg. 35B(5) substituted (25.9.2023) by The Trade Remedies (Increase in Imports Causing Serious Injury to UK Producers) (EU Exit) (Amendment) Regulations 2023 (S.I. 2023/954), regs. 1(2), 11(b)(i) (with reg. 2)

[^key-4aab9756639b8245b936460643e2b778]: Words in reg. 36(4) inserted (25.9.2023) by The Trade Remedies (Increase in Imports Causing Serious Injury to UK Producers) (EU Exit) (Amendment) Regulations 2023 (S.I. 2023/954), regs. 1(2), 12 (with reg. 2)

[^key-23aa540ffea0b493771ee8acaf5954a3]: Word in reg. 37(1) substituted (25.9.2023) by The Trade Remedies (Increase in Imports Causing Serious Injury to UK Producers) (EU Exit) (Amendment) Regulations 2023 (S.I. 2023/954), regs. 1(2), 13(a) (with reg. 2)

[^key-20008d3a06596f3c7184b67f7dca5f25]: Reg. 37(2) omitted (25.9.2023) by virtue of The Trade Remedies (Increase in Imports Causing Serious Injury to UK Producers) (EU Exit) (Amendment) Regulations 2023 (S.I. 2023/954), regs. 1(2), 13(b) (with reg. 2)

[^key-f362b4f463bd799963c59439a6e35706]: Reg. 37(2A)-(2E) inserted (25.9.2023) by The Trade Remedies (Increase in Imports Causing Serious Injury to UK Producers) (EU Exit) (Amendment) Regulations 2023 (S.I. 2023/954), regs. 1(2), 13(c) (with reg. 2)

[^key-3f42127dd5af138b3cee5311713dc271]: Reg. 38 heading substituted (25.9.2023) by The Trade Remedies (Increase in Imports Causing Serious Injury to UK Producers) (EU Exit) (Amendment) Regulations 2023 (S.I. 2023/954), regs. 1(2), 14(a) (with reg. 2)

[^key-2649956a4f8713dc8ed13891bf48c78b]: Reg. 38(1A) inserted (25.9.2023) by The Trade Remedies (Increase in Imports Causing Serious Injury to UK Producers) (EU Exit) (Amendment) Regulations 2023 (S.I. 2023/954), regs. 1(2), 14(c) (with reg. 2)

[^key-9b1f6c824faa4f39ae34ab2d41e7f885]: Reg. 38(2A)-(2D) inserted (25.9.2023) by The Trade Remedies (Increase in Imports Causing Serious Injury to UK Producers) (EU Exit) (Amendment) Regulations 2023 (S.I. 2023/954), regs. 1(2), 14(e) (with reg. 2)

[^key-309bd25d4f534d9e01e25092b2f597ca]: Reg. 38(4)-(6) inserted (25.9.2023) by The Trade Remedies (Increase in Imports Causing Serious Injury to UK Producers) (EU Exit) (Amendment) Regulations 2023 (S.I. 2023/954), regs. 1(2), 14(g) (with reg. 2)

[^key-26cf543177f28099fee4743ca70f1aed]: Words in reg. 38(1) substituted (25.9.2023) by The Trade Remedies (Increase in Imports Causing Serious Injury to UK Producers) (EU Exit) (Amendment) Regulations 2023 (S.I. 2023/954), regs. 1(2), 14(b) (with reg. 2)

[^key-e4b5b313325680caeb2b7b0b5c27b59c]: Words in reg. 38(2) substituted (25.9.2023) by The Trade Remedies (Increase in Imports Causing Serious Injury to UK Producers) (EU Exit) (Amendment) Regulations 2023 (S.I. 2023/954), regs. 1(2), 14(d) (with reg. 2)

[^key-90427989e6a28033d79fa9e48e302897]: Words in reg. 38(3) inserted (25.9.2023) by The Trade Remedies (Increase in Imports Causing Serious Injury to UK Producers) (EU Exit) (Amendment) Regulations 2023 (S.I. 2023/954), regs. 1(2), 14(f) (with reg. 2)

[^key-3fbfb7d5f0968b1be812e4a147641aee]: Words in reg. 39(9) substituted (25.9.2023) by The Trade Remedies (Increase in Imports Causing Serious Injury to UK Producers) (EU Exit) (Amendment) Regulations 2023 (S.I. 2023/954), regs. 1(2), 16(a) (with reg. 2)

[^key-41ea78888ec3f712f85611c3da8028d6]: Reg. 39(10A)-(10C) inserted (25.9.2023) by The Trade Remedies (Increase in Imports Causing Serious Injury to UK Producers) (EU Exit) (Amendment) Regulations 2023 (S.I. 2023/954), regs. 1(2), 16(b) (with reg. 2)

[^key-f0fb2450f8fb7c7b9c8916a1db198fe1]: Reg. 39(13)-(15) inserted (25.9.2023) by The Trade Remedies (Increase in Imports Causing Serious Injury to UK Producers) (EU Exit) (Amendment) Regulations 2023 (S.I. 2023/954), regs. 1(2), 16(d) (with reg. 2)

[^key-02f42213a8b49895c7b5bd222718f0a9]: Words in reg. 39(11) inserted (25.9.2023) by The Trade Remedies (Increase in Imports Causing Serious Injury to UK Producers) (EU Exit) (Amendment) Regulations 2023 (S.I. 2023/954), regs. 1(2), 16(c) (with reg. 2)

[^key-dcd750d44be53b680d90ac4542902d24]: Reg. 40(2A) inserted (25.9.2023) by The Trade Remedies (Increase in Imports Causing Serious Injury to UK Producers) (EU Exit) (Amendment) Regulations 2023 (S.I. 2023/954), regs. 1(2), 17 (with reg. 2)

[^key-e3aa8efa89c9d61030859c4c1f9f243d]: Words in reg. 41(7) substituted (25.9.2023) by The Trade Remedies (Increase in Imports Causing Serious Injury to UK Producers) (EU Exit) (Amendment) Regulations 2023 (S.I. 2023/954), regs. 1(2), 18(a) (with reg. 2)

[^key-89b6a429d3cd4b59c0a2e7c617bb1e4b]: Reg. 41(8A)-(8D) inserted (25.9.2023) by The Trade Remedies (Increase in Imports Causing Serious Injury to UK Producers) (EU Exit) (Amendment) Regulations 2023 (S.I. 2023/954), regs. 1(2), 18(b) (with reg. 2)

[^key-c6344ad8937fd8dff51149b82a05cc83]: Reg. 41(10)-(12) inserted (25.9.2023) by The Trade Remedies (Increase in Imports Causing Serious Injury to UK Producers) (EU Exit) (Amendment) Regulations 2023 (S.I. 2023/954), regs. 1(2), 18(d) (with reg. 2)

[^key-5a8df217d4ba8b43edeeb0bfa26b0f3e]: Words in reg. 41(9) inserted (25.9.2023) by The Trade Remedies (Increase in Imports Causing Serious Injury to UK Producers) (EU Exit) (Amendment) Regulations 2023 (S.I. 2023/954), regs. 1(2), 18(c) (with reg. 2)

[^key-606609cd3a269ec79808f78325dd3074]: Reg. 42B(3)(a)(ii) omitted (25.9.2023) by virtue of The Trade Remedies (Increase in Imports Causing Serious Injury to UK Producers) (EU Exit) (Amendment) Regulations 2023 (S.I. 2023/954), regs. 1(2), 20 (with reg. 2)

[^key-8544071ca41f3a5798f5df01f6215fc3]: Reg. 42F(1A)-(1F) inserted (25.9.2023) by The Trade Remedies (Increase in Imports Causing Serious Injury to UK Producers) (EU Exit) (Amendment) Regulations 2023 (S.I. 2023/954), regs. 1(2), 21 (with reg. 2)

[^key-17c5a3b2892bb6e96e265f35b2780a7f]: Reg. 42G(1) substituted (25.9.2023) by The Trade Remedies (Increase in Imports Causing Serious Injury to UK Producers) (EU Exit) (Amendment) Regulations 2023 (S.I. 2023/954), regs. 1(2), 22(a) (with reg. 2)

[^key-c5a0e6bd0ee41d3272546c0c9db448fc]: Reg. 42G(2A)-(2E) inserted (25.9.2023) by The Trade Remedies (Increase in Imports Causing Serious Injury to UK Producers) (EU Exit) (Amendment) Regulations 2023 (S.I. 2023/954), regs. 1(2), 22(c) (with reg. 2)

[^key-9bd6a691991b04b7d2e5242dc973103d]: Reg. 42G(2) omitted (25.9.2023) by virtue of The Trade Remedies (Increase in Imports Causing Serious Injury to UK Producers) (EU Exit) (Amendment) Regulations 2023 (S.I. 2023/954), regs. 1(2), 22(b) (with reg. 2)

[^key-2de4c0d3c582a9b5cc33a0ef2fdcac6e]: Reg. 42G(3) omitted (25.9.2023) by virtue of The Trade Remedies (Increase in Imports Causing Serious Injury to UK Producers) (EU Exit) (Amendment) Regulations 2023 (S.I. 2023/954), regs. 1(2), 22(d) (with reg. 2)

[^key-233061acb0256426ebfcf98a5ba13440]: Reg. 42G(4) omitted (25.9.2023) by virtue of The Trade Remedies (Increase in Imports Causing Serious Injury to UK Producers) (EU Exit) (Amendment) Regulations 2023 (S.I. 2023/954), regs. 1(2), 22(d) (with reg. 2)

[^key-b8a1558f5151d32f5957e2e992d6abf6]: Reg. 42I(1A) inserted (25.9.2023) by The Trade Remedies (Increase in Imports Causing Serious Injury to UK Producers) (EU Exit) (Amendment) Regulations 2023 (S.I. 2023/954), regs. 1(2), 23(c) (with reg. 2)

[^key-7d1c57496c4eda0d24a6ff14507b3b08]: Reg. 42I(3A)-(3C) inserted (25.9.2023) by The Trade Remedies (Increase in Imports Causing Serious Injury to UK Producers) (EU Exit) (Amendment) Regulations 2023 (S.I. 2023/954), regs. 1(2), 23(f) (with reg. 2)

[^key-b96791f48dc4fd3eb69feec82ee32b6a]: Reg. 42I(5)-(7) inserted (25.9.2023) by The Trade Remedies (Increase in Imports Causing Serious Injury to UK Producers) (EU Exit) (Amendment) Regulations 2023 (S.I. 2023/954), regs. 1(2), 23(h) (with reg. 2)

[^key-def5dd42fe65dbd1f61f63dc6a5e4287]: Words in reg. 42I(1) substituted (25.9.2023) by The Trade Remedies (Increase in Imports Causing Serious Injury to UK Producers) (EU Exit) (Amendment) Regulations 2023 (S.I. 2023/954), regs. 1(2), 23(b) (with reg. 2)

[^key-8002f32ef24c44f879befb149d796638]: Reg. 42I(2) substituted (25.9.2023) by The Trade Remedies (Increase in Imports Causing Serious Injury to UK Producers) (EU Exit) (Amendment) Regulations 2023 (S.I. 2023/954), regs. 1(2), 23(d) (with reg. 2)

[^key-ac3116a96d516294fe3f7a67ab0437ab]: Reg. 42I(3) substituted (25.9.2023) by The Trade Remedies (Increase in Imports Causing Serious Injury to UK Producers) (EU Exit) (Amendment) Regulations 2023 (S.I. 2023/954), regs. 1(2), 23(e) (with reg. 2)

[^key-219d8bdc656e092404df40b557eae4fd]: Words in reg. 42I(4) inserted (25.9.2023) by The Trade Remedies (Increase in Imports Causing Serious Injury to UK Producers) (EU Exit) (Amendment) Regulations 2023 (S.I. 2023/954), regs. 1(2), 23(g)(i) (with reg. 2)

[^key-edaa00671a95e94698d59c5c3c15a506]: Words in reg. 42I(4)(a) inserted (25.9.2023) by The Trade Remedies (Increase in Imports Causing Serious Injury to UK Producers) (EU Exit) (Amendment) Regulations 2023 (S.I. 2023/954), regs. 1(2), 23(g)(ii) (with reg. 2)

[^key-fa274eae717f83787d290ae45f659aaa]: Word in Sch. para. 4 inserted (25.9.2023) by The Trade Remedies (Increase in Imports Causing Serious Injury to UK Producers) (EU Exit) (Amendment) Regulations 2023 (S.I. 2023/954), regs. 1(2), 25(2)(a)(i) (with reg. 2)

[^key-57e19844ec6067d32d15c8d91a8d0dcf]: Word in Sch. para. 4 inserted (25.9.2023) by The Trade Remedies (Increase in Imports Causing Serious Injury to UK Producers) (EU Exit) (Amendment) Regulations 2023 (S.I. 2023/954), regs. 1(2), 25(2)(a)(ii) (with reg. 2)

[^key-18c621ce036f5c7ddef3140fac4addc9]: Sch. para. 4(f) substituted (25.9.2023) by The Trade Remedies (Increase in Imports Causing Serious Injury to UK Producers) (EU Exit) (Amendment) Regulations 2023 (S.I. 2023/954), regs. 1(2), 25(2)(b) (with reg. 2)

[^key-b16061bfd3afdef48dd032dab48d7a95]: Word in Sch. para. 6 inserted (25.9.2023) by The Trade Remedies (Increase in Imports Causing Serious Injury to UK Producers) (EU Exit) (Amendment) Regulations 2023 (S.I. 2023/954), regs. 1(2), 25(3)(a)(i) (with reg. 2)

[^key-a4cbfe3ed86213533d4aa15a628ca9e4]: Word in Sch. para. 6 inserted (25.9.2023) by The Trade Remedies (Increase in Imports Causing Serious Injury to UK Producers) (EU Exit) (Amendment) Regulations 2023 (S.I. 2023/954), regs. 1(2), 25(3)(a)(ii) (with reg. 2)

[^key-78187840e89dac6ae77882c4cf5b8620]: Sch. para. 6(f) substituted (25.9.2023) by The Trade Remedies (Increase in Imports Causing Serious Injury to UK Producers) (EU Exit) (Amendment) Regulations 2023 (S.I. 2023/954), regs. 1(2), 25(3)(b) (with reg. 2)

[^key-f72041455c5cd904dec17ab5e8d1433b]: Sch. para. 6(g) substituted (25.9.2023) by The Trade Remedies (Increase in Imports Causing Serious Injury to UK Producers) (EU Exit) (Amendment) Regulations 2023 (S.I. 2023/954), regs. 1(2), 25(3)(c) (with reg. 2)

[^key-4cc323e70ca6ec6228bc39919fcd8523]: Words in Sch. para. 9 inserted (25.9.2023) by The Trade Remedies (Increase in Imports Causing Serious Injury to UK Producers) (EU Exit) (Amendment) Regulations 2023 (S.I. 2023/954), regs. 1(2), 25(4) (with reg. 2)

[^key-dea4af1ae5f22d00541cb2bd1923e098]: Sch. para. 10(f) substituted (25.9.2023) by The Trade Remedies (Increase in Imports Causing Serious Injury to UK Producers) (EU Exit) (Amendment) Regulations 2023 (S.I. 2023/954), regs. 1(2), 25(5) (with reg. 2)

[^key-ca57f839782d10810e8796bdda3dfbba]: Sch. para. 13(e) substituted (25.9.2023) by The Trade Remedies (Increase in Imports Causing Serious Injury to UK Producers) (EU Exit) (Amendment) Regulations 2023 (S.I. 2023/954), regs. 1(2), 25(6) (with reg. 2)

[^key-67c01662f32ae940b7735d64aad06ff4]: Words in Sch. para. 14 inserted (25.9.2023) by The Trade Remedies (Increase in Imports Causing Serious Injury to UK Producers) (EU Exit) (Amendment) Regulations 2023 (S.I. 2023/954), regs. 1(2), 25(7)(a) (with reg. 2)

[^key-34e148bb6cd27d1301c69c1b3a10290e]: Sch. para. 14(f) substituted (25.9.2023) by The Trade Remedies (Increase in Imports Causing Serious Injury to UK Producers) (EU Exit) (Amendment) Regulations 2023 (S.I. 2023/954), regs. 1(2), 25(7)(b) (with reg. 2)

[^key-a33b7c0758a4a5b279759cc2f196e2c6]: Words in Sch. para. 17 heading substituted (25.9.2023) by The Trade Remedies (Increase in Imports Causing Serious Injury to UK Producers) (EU Exit) (Amendment) Regulations 2023 (S.I. 2023/954), regs. 1(2), 25(8)(a) (with reg. 2)

[^key-8b648089c9690c0283daa11dd4afcd7e]: Words in Sch. para. 17 omitted (25.9.2023) by virtue of The Trade Remedies (Increase in Imports Causing Serious Injury to UK Producers) (EU Exit) (Amendment) Regulations 2023 (S.I. 2023/954), regs. 1(2), 25(8)(b) (with reg. 2)

[^key-2d60252839926dde90f828718adf987c]: Reg. 33A(5A)(5B) inserted (23.5.2024) by The Trade Remedies (Amendment) Regulations 2024 (S.I. 2024/545), regs. 1(2), 37(2)(a)

[^key-f382f9afe80ccf3c1ea2aaa35dc7c7ca]: Words in reg. 33A(7) inserted (23.5.2024) by The Trade Remedies (Amendment) Regulations 2024 (S.I. 2024/545), regs. 1(2), 37(2)(b)

[^key-1aea2c96754b7160388bcc22032ac26d]: Reg. 36(3A) inserted (23.5.2024) by The Trade Remedies (Amendment) Regulations 2024 (S.I. 2024/545), regs. 1(2), 37(3)

[^key-f27d7e91e4d4fe5b5766db3528a99231]: Reg. 38(2E) inserted (23.5.2024) by The Trade Remedies (Amendment) Regulations 2024 (S.I. 2024/545), regs. 1(2), 37(4)(b)

[^key-c84bf3229d359e53ace73ef9662c6ffc]: Words in reg. 38(2D) substituted (23.5.2024) by The Trade Remedies (Amendment) Regulations 2024 (S.I. 2024/545), regs. 1(2), 37(4)(a)(i)

[^key-fa543688c32b13dcd9b694a9ca3e5a76]: Words in reg. 38(2D) omitted (23.5.2024) by virtue of The Trade Remedies (Amendment) Regulations 2024 (S.I. 2024/545), regs. 1(2), 37(4)(a)(ii)

[^key-ed8618218560d5d27b447e318b839ced]: Words in reg. 39(10B) substituted (23.5.2024) by The Trade Remedies (Amendment) Regulations 2024 (S.I. 2024/545), regs. 1(2), 37(5)

[^key-0fb17ebce2a618a19c68dadee0ef805f]: Word in reg. 41(8B) omitted (23.5.2024) by virtue of The Trade Remedies (Amendment) Regulations 2024 (S.I. 2024/545), regs. 1(2), 37(6)

[^key-86e330e57409245571c2f05e49e9da42]: Word in reg. 42F(1A) substituted (23.5.2024) by The Trade Remedies (Amendment) Regulations 2024 (S.I. 2024/545), regs. 1(2), 37(7)(b)

[^key-ad038202e7a0b3f23a99e33fe6a92d53]: Words in reg. 42F(1) substituted (23.5.2024) by The Trade Remedies (Amendment) Regulations 2024 (S.I. 2024/545), regs. 1(2), 37(7)(a)

[^key-1a364798d762a0e87b035ea8181b035d]: Reg. 42I(3D) inserted (23.5.2024) by The Trade Remedies (Amendment) Regulations 2024 (S.I. 2024/545), regs. 1(2), 37(8)

[^key-cc70183f26562724b83d92566187c9b6]: Word in Sch. para. 4(f)(i)(aa) omitted (23.5.2024) by virtue of The Trade Remedies (Amendment) Regulations 2024 (S.I. 2024/545), regs. 1(2), 37(9)(a)(i)

[^key-c76f122c1b765d6d9ca447e8981d5d98]: Sch. para. 4(f)(i)(cc) and word inserted (23.5.2024) by The Trade Remedies (Amendment) Regulations 2024 (S.I. 2024/545), regs. 1(2), 37(9)(a)(ii)

[^key-4efad62a8050fa8ac30631130bea5ad5]: Word in Sch. para. 6(f)(i)(aa) omitted (23.5.2024) by virtue of The Trade Remedies (Amendment) Regulations 2024 (S.I. 2024/545), regs. 1(2), 37(9)(b)(i)(aa)

[^key-51ceb8d2cab95c7f6ac4aca94a74b2a2]: Sch. para. 6(f)(i)(cc) and word inserted (23.5.2024) by The Trade Remedies (Amendment) Regulations 2024 (S.I. 2024/545), regs. 1(2), 37(9)(b)(i)(bb)

[^key-1fc99d01a61b8f97fd85df3d1ba5ac54]: Word in Sch. para. 6(g)(i)(aa) omitted (23.5.2024) by virtue of The Trade Remedies (Amendment) Regulations 2024 (S.I. 2024/545), regs. 1(2), 37(9)(b)(ii)(aa)

[^key-92fb4acc9e00a9a8e36eb41f59011347]: Sch. para. 6(g)(i)(cc) and word inserted (23.5.2024) by The Trade Remedies (Amendment) Regulations 2024 (S.I. 2024/545), regs. 1(2), 37(9)(b)(ii)(bb)

[^key-4918e91546ce05620909e09e28e219d4]: Word in Sch. para. 10(f)(i)(aa) omitted (23.5.2024) by virtue of The Trade Remedies (Amendment) Regulations 2024 (S.I. 2024/545), regs. 1(2), 37(9)(c)(i)

[^key-230e8201ef1a8f91c75f299ca93b85b1]: Sch. para. 10(f)(i)(cc) and word inserted (23.5.2024) by The Trade Remedies (Amendment) Regulations 2024 (S.I. 2024/545), regs. 1(2), 37(9)(c)(ii)

[^key-d524aaf58aec92386f14ea7bf6db4859]: Word in Sch. para. 18(i)(i)(aa) omitted (23.5.2024) by virtue of The Trade Remedies (Amendment) Regulations 2024 (S.I. 2024/545), regs. 1(2), 37(9)(d)(i)

[^key-8e74ee0731d81983ad589b2c615305fa]: Sch. para. 18(i)(i)(cc) and word inserted (23.5.2024) by The Trade Remedies (Amendment) Regulations 2024 (S.I. 2024/545), regs. 1(2), 37(9)(d)(ii)

Investigation before replacement day

45A

The TRA must not initiate an investigation under paragraph 6(1) of Schedule 5 to the Act before replacement day.

Application before replacement day

45B

The TRA must disregard a request to initiate an investigation under paragraph 7(1)(a)(i) of Schedule 5 to the Act if the application by or on behalf of UK producers of the goods is made before replacement day.

The Secretary of State's determination

Notification etc of determination

Treatment of tariff rate quotas under this Part etc

Review of tariff rate quotas under this Part

Determinations of the TRA

TRA's recommendations to the Secretary of State

Acceptance or rejection of the TRA's recommendation by the Secretary of State

Discontinuation review

35A
  • (1) The TRA may conduct a review to consider whether a definitive safeguarding remedy should be revoked (a “discontinuation review”) where it is satisfied that there is sufficient information indicating that—
  • (a) there may have been a lasting change of circumstances since the application of the relevant definitive safeguarding remedy; and
  • (b) as a result, UK producers may no longer be suffering serious injury, or may cease to suffer such injury if the relevant definitive safeguarding remedy is revoked.
  • (2) The TRA may initiate a discontinuation review on its own initiative.
  • (3) Where the TRA decides to initiate a discontinuation review, the TRA must notify the Secretary of State that it intends to initiate a discontinuation review and, after the relevant interval, must take the following steps in the order in which they are set out—
  • (aa) initiate the review;
  • (a) publish a notice of its decision to initiate that review (a “notice of initiation of a review”) containing the information set out in paragraph 9 of the Schedule; and
  • (b) notify the Secretary of State and interested parties.
  • (3A) In paragraph (3), the “relevant interval” is the period of two working days beginning with the first working day after the day on which the TRA notifies the Secretary of State of its intention to initiate the review.
  • (4) In conducting a discontinuation review, the TRA—
  • (a) must determine whether—
  • (i) there has been a lasting change of circumstances since the application of the relevant definitive safeguarding remedy; and
  • (ii) UK producers have ceased to suffer serious injury or would not suffer such injury if the relevant definitive safeguarding remedy is revoked; and
  • (b) may take into account any factors that it considers relevant.
  • (5) Following a discontinuation review, the TRA may determine that the application to goods of a definitive safeguarding remedy subject to review should be—
  • (a) maintained in accordance with the relevant public notice made under section 13 of the Act; or
  • (b) revoked.
  • (6) Where the TRA proposes to make a determination under paragraph (5)(a) the TRA must notify the Secretary of State of its proposed determination.
  • (7) Where the Secretary of State has been notified in accordance with paragraph (6), the Secretary of State may, within the relevant period (and subject to paragraph (8)), request that the TRA reassess its proposed determination by reference to any matter specified in the request.
  • (8) The Secretary of State may only make a request under paragraph (7) where the Secretary of State considers that—
  • (a) there is information that the TRA did not take into account in its review 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.
  • (9) The TRA must comply with a request under paragraph (7).
  • (10) 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 (7), the time when the TRA receives that information.
  • (11) For the purposes of paragraphs (7) and (10), 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.

Tariff rate quota review

35B
  • (1) The TRA may conduct a review to consider whether a tariff rate quota to which goods are subject should be varied (a “TRQ review”) where it is satisfied that there is sufficient information indicating that there may have been a change of circumstances (see paragraph (9)) since the application of that tariff rate quota to those goods.
  • (2) The TRA may initiate a TRQ review—
  • (a) following the receipt of an application made by or on behalf of an interested party (a “TRQ review application”); or
  • (b) on its own initiative.
  • (2A) Where an application is made under paragraph (2)(a), the TRA must notify the Secretary of State of that application before the end of the second working day after the day on which it receives the application.
  • (3) The TRA may reject a TRQ review application if it is made before the end of the period of six months beginning with the conclusion of—
  • (a) an investigation conducted under Part 5;
  • (b) a mid-term review;
  • (c) an extension review; or
  • (d) the transition review (under Part 9) in respect of the same tariff rate quota.
  • (4) The TRA may reject a TRQ review application if it is not made via the TRA’s case management system.
  • (5) Where the TRA decides to initiate a TRQ review, the TRA must notify the Secretary of State that it intends to initiate a TRQ review and, after the relevant interval, must take the following steps in the order in which they are set out—
  • (aa) initiate the review;
  • (a) publish a notice of its decision to initiate a TRQ review (a “notice of initiation of a review”) containing the information set out in paragraph 9 of the Schedule; and
  • (b) notify the Secretary of State and interested parties.
  • (5A) In paragraph (5), the “relevant interval” is the period of two working days beginning with the first working day after the day on which the TRA notifies the Secretary of State of its intention to initiate the review.
  • (6) In conducting a TRQ review, the TRA—
  • (a) need not make any assessments or determinations under Parts 2 to 4;
  • (b) must determine whether there has been a change in circumstances (see paragraph (9)) since the application of the relevant tariff rate quota; and
  • (c) may consider—
  • (i) whether the amount or allocation of the tariff rate quota is appropriate for domestic market conditions;
  • (ii) the desirability of maintaining, as far as possible, traditional trade flows;
  • (iii) any other factors that it considers relevant.
  • (7) Following a TRQ review, the TRA may determine that the tariff rate quota to which goods are subject should be—
  • (a) maintained in accordance with the relevant public notice made under section 13 of the Act;
  • (b) varied; or
  • (c) where there is sufficient evidence that UK producers have ceased production of those goods, revoked.
  • (7A) Where the TRA proposes to make a determination under paragraph (7)(a) the TRA must notify the Secretary of State of its proposed determination.
  • (7B) Where the Secretary of State has been notified in accordance with paragraph (7A), the Secretary of State may, within the relevant period (and subject to paragraph (7C)), request that the TRA reassess its proposed determination by reference to any matter specified in the request.
  • (7C) The Secretary of State may only make a request under paragraph (7B) where the Secretary of State considers that—
  • (a) there is information that the TRA did not take into account in its review 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.
  • (7D) The TRA must comply with a request under paragraph (7B).
  • (7E) 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 (7B), the time when the TRA receives that information.
  • (7F) For the purposes of paragraphs (7B) and (7E), 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.
  • (8) The TRA must not vary a tariff rate quota by—
  • (a) reducing the rate of import duty that applies to goods subject to that quota; or
  • (b) varying the period for which goods are subject to that quota.
  • (9) For the purposes of paragraphs (1) and (6)(b), a change of circumstances may, among other things, be—
  • (a) the fact that the tariff rate quota, or any part of the quota, has been exhausted;
  • (b) a change in demand for the relevant goods;
  • (c) the effect of an anti-dumping amount or a countervailing amount being applied to the relevant goods or like goods and directly competitive goods in the United Kingdom;
  • (d) trade diversion in relation to the imposition of anti-dumping, countervailing, safeguard or other trade measures by a foreign country or territory;
  • (e) the impact of the tariff rate quota on traditional trade flows;
  • (f) the fact that imports from a developing country member of the WTO which have been excluded from the application of the tariff rate quota can no longer be excluded under regulation 43 (developing country exception);
  • (g) the fact that imports from a developing country member of the WTO which have not been excluded from the application of the tariff rate quota should be excluded under regulation 43.

The conduct of reviews

Meaning of “varied”

36A
  • (1) Where, other than following a TRQ review, the TRA determines that a definitive safeguarding remedy is to be varied under this Part, such variation may, among other things, comprise or include—
  • (a) the replacement of the application of a definitive safeguarding amount with a tariff rate quota;
  • (b) the replacement of a tariff rate quota with the application of a definitive safeguarding amount;
  • (c) the variation of the level or pace of liberalisation.

TRA's recommendation to the Secretary of State

Acceptance or rejection of the TRA's recommendation by the Secretary of State

PART 7A — Investigation in light of an international dispute decision

General

Investigation in light of an international dispute decision

42A
  • (1) The Secretary of State may direct the TRA to investigate whether the application to goods of a definitive safeguarding remedy should be maintained, varied, or revoked in light of an international dispute decision.
  • (2) In this Part, “international dispute investigation” means an investigation required by the Secretary of State under paragraph (1).

Suspension of a definitive safeguarding remedy

42B
  • (1) The Secretary of State may by public notice suspend the application to goods of a definitive safeguarding remedy for the period it is subject to an international dispute investigation.
  • (2) The suspension begins the day after the day on which the public notice is published.
  • (3) The suspension ends the day after the day on which—
  • (a) the TRA publishes notice under—
  • (i) regulation 42F(2); or
  • (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (b) the Secretary of State publishes notice under—
  • (i) paragraph 22(4)(a) of Schedule 5 to the Act; or
  • (ii) regulation 42I(4)(a).

Investigation

Initiation

42C
  • (1) The TRA must publish notice of its initiation of the international dispute investigation.
  • (2) The notice must contain the information set out in paragraph 16 of the Schedule.

Conduct

42D

Parts 2 to 5 apply to the international dispute investigation to the extent the TRA considers relevant.

Determination

42E
  • (1) The TRA must determine whether the application to goods of the definitive safeguarding remedy should be maintained, varied, or revoked in light of the international dispute decision.
  • (2) The TRA may make different determinations for different goods or descriptions of goods.

Determination

Determination to maintain

42F
  • (1) This regulation applies if the TRA proposes to determine that the application to goods of a definitive safeguarding remedy should be maintained.
  • (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.
  • (2) The TRA must publish notice of the determination.
  • (3) The notice must contain the information set out in paragraph 17 of the Schedule.

Determination to vary

42G
  • (1) If the TRA determines the application to goods of a definitive safeguarding remedy should be varied, the TRA must make a recommendation to the Secretary of State to that effect.
  • (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (2A) 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.
  • (2B) 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 a definitive safeguarding remedy in accordance with its proposed recommendation would not meet the economic interest test (see paragraph 23 of Schedule 5 to the Act);
  • (b) where the TRA otherwise considers that it is appropriate.
  • (2C) 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 (2A), it must give the Secretary of State its reasons for reaching that conclusion.
  • (2D) 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.
  • (2E) 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 a definitive safeguarding remedy in accordance with its recommendation, or in accordance with each option given under paragraph (2A), as the case may be, would meet the economic interest test.
  • (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Determination to revoke

42H
  • (1) This regulation applies if the TRA determines the application to goods of a definitive safeguarding remedy should be revoked.
  • (2) The TRA must recommend to the Secretary of State that the application to goods of the definitive safeguarding remedy is revoked.

Recommendation

Acceptance or rejection of a recommendation

42I
  • (1) The Secretary of State must —

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