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

• (a) accept or reject the recommendation made under regulation 42G(1) or 42H(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.

• (1A) Where the Secretary of State accepts a recommendation which contains options given in reliance on paragraph 42G(2A), the Secretary of State must decide which of those options to adopt.

• (2) The Secretary of State may reject a recommendation under regulation 42G(1) only if the Secretary of State is satisfied it is not in the public interest to accept it.

• (3) The Secretary of State may reject a recommendation under regulation 42H(2) only if the Secretary of State is satisfied it is not in the public interest to accept it.

• (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 a definitive safeguarding remedy in accordance with the recommendation, or in accordance with each option, as the case may be, would meet the economic interest test.

• (3B) Paragraph (3C) applies if—

• (a) the TRA makes a recommendation to vary the application of a definitive safeguarding remedy; and

• (b) the Secretary of State rejects the recommendation.

• (3C) 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 safeguarding remedy should be varied other than in accordance with the recommendation, or revoked.

• (3D) Where the Secretary of State makes a decision under paragraph (3C), the Secretary of State must lay a statement before the House of Commons setting out the reasons for the decision.

• (4) If the Secretary of State rejects a recommendation and does not make a decision under paragraph (3C), the Secretary of State must—

• (a) publish notice of the recommendation and of the rejection of it containing the information set out in paragraph 18 of the Schedule;

• (b) notify interested parties; and

• (c) lay a statement before the House of Commons setting out the reasons for rejecting the recommendation.

• (5) 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.

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

• (7) 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.

67A

Regulation 35A (discontinuation review) has effect as if—

• (a) in paragraph (2), for “its”, there were substituted “the Secretary of State’s”; and

• (b) in paragraph (3)(b), “the Secretary of State and” were omitted.

67B

Regulation 35B (tariff rate quota review) has effect as if—

• (a) in paragraph (2)(b), for “its”, there were substituted “the Secretary of State’s”; and

• (b) in paragraph (5)(b), “the Secretary of State and” were omitted.

Further modifications to Part 7A

70A

Part 7A (investigation in light of an international dispute decision) has effect as if—

• (a) for “recommendation”, in each place where this occurs, there were substituted “preliminary decision”;

• (b) in regulation 42A—

• (i) in paragraph (1), the words “direct the TRA to” were omitted;

• (ii) in paragraph (2), for “required” there were substituted “initiated”;

• (c) in regulation 42B(3)(b)(ii), after “regulation” there were inserted “42I(3)(a) or”;

• (d) in regulations 42G(2) and 42H(2), for “recommend to the Secretary of State” there were substituted “make a preliminary decision”;

• (e) for the section heading after regulation 42H and for regulation 42I there were substituted—

(42I) (1) The Secretary of State must decide whether or not to give effect to a preliminary decision made under regulation 42G(2) or 42H(2). (2) The Secretary of State must decide to give effect to the preliminary decision unless the Secretary of State is satisfied it is not in the public interest to give effect to the preliminary decision. (3) If the Secretary of State decides to give effect to the preliminary decision, the Secretary of State must— (a) publish notice of the preliminary decision and of the decision to give effect to it; (b) notify interested parties; (c) make provision by public notice under section 13 of the Act to give effect to the preliminary decision. (4) If the Secretary of State decides not to give effect to the preliminary decision, the Secretary of State must— (a) publish notice of the preliminary decision and of the decision not to give effect to it; (b) notify interested parties; (c) lay a statement before the House of Commons setting out the reasons for which the Secretary of State is satisfied it is not in the public interest to give effect to the preliminary decision.

Further modifications to Part 8

Further modifications to Part 9

Further modifications to the Schedule

86A

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Notice of initiation of international dispute investigation

16

The information referred to in regulation 42C(2) is—

• (a) the date of initiation of the investigation;

• (b) a description of the goods concerned;

• (c) a description of the definitive safeguarding remedy to which the investigation relates;

• (d) a summary of the international dispute decision;

• (e) a summary of the investigation process; and

• (f) any other information the TRA considers relevant.

Notice of determination of international dispute investigation

17

The information referred to in regulation 42F(3) ... is—

• (a) a description of the goods concerned;

• (b) a description of the definitive safeguarding remedy to which the notice relates;

• (c) a summary of the investigation;

• (d) a summary of the international dispute decision;

• (e) the determination made in light of the international dispute decision;

• (f) the reason for the determination;

• (g) the date of the determination; and

• (h) any other information the TRA considers relevant.

Review of specified tariff rate quotas

Alternative options for final affirmative determination

28A

The TRA must consider giving two or more options as part of its recommendation to the Secretary of State under paragraph 16(3) of Schedule 5 to the Act in the following circumstances—

• (a) where the TRA considers that applying a definitive safeguarding amount or making relevant goods subject to a tariff rate quota in accordance with its proposed recommendation would not meet the economic interest test;

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

Disclosure

Early review

33A

• (1) The Secretary of State may, within 60 days of the application, variation, extension or suspension of a definitive safeguarding remedy under Part 4 of Schedule 5 to the Act or Part 6, Part 7 or Part 7A of these Regulations, request that the TRA undertakes a review of the application, variation, extension or suspension of that remedy (as the case may be) by reference to any matters specified in the request, with a view to varying or revoking it (an “early review”).

• (2) Paragraph (1) does not apply in relation to a definitive safeguarding remedy which is maintained, varied or revoked as a result of an early review under this regulation.

• (3) The Secretary of State may request an early review where the Secretary of State considers that—

• (a) there is information that the TRA did not take into account in its investigation or review that is relevant to the definitive safeguarding remedy;

• (b) the TRA made an error in relation to its recommendation; or

• (c) exceptional circumstances make the request appropriate.

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

• (5) Where the Secretary of State makes a request under paragraph (1), the TRA must—

• (a) comply with the request;

• (b) in reviewing the definitive safeguarding remedy, have regard to any particular considerations which the Secretary of State may specify in the request.

• (5A) Where—

• (a) the TRA receives a request from the Secretary of State under paragraph (1) to undertake an early review; and

• (b) accepts an application under Chapter 2 of Part 2 of the Reconsideration and Appeals Regulations 2019 for reconsideration of an original decision to which the request under sub-paragraph (a) relates,

the TRA must take into account any notice published or public notice issued under regulation 14 of the Reconsideration and Appeals Regulations 2019 in relation to that reconsideration in any determination under this regulation.

• (5B) For the purposes of paragraph (5A)—

• “the Reconsideration and Appeals Regulations 2019” means the Trade Remedies (Reconsideration and Appeals) (EU Exit) Regulations 2019;

• “original decision” has the meaning given in regulation 9(1) of the Reconsideration and Appeals Regulations 2019.

• (6) Where the TRA initiates an early review, the TRA must—

• (a) publish a notice (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 accordingly.

• (7) Following the conclusion of an early review, the TRA may determine that the application or suspension of a definitive safeguarding remedy should be—

• (a) maintained in accordance with the relevant public notice made under section 13 of the Act;

• (b) varied; or

• (c) revoked.

Mid-term review

Extension review

Discontinuation review

Tariff rate quota review

The conduct of reviews

Meaning of “varied”

TRA's recommendation to the Secretary of State

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

Power to request assistance etc from TRA

38A

• (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 38(2C).

• (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).

Power to request assistance etc from TRA

42ZA

• (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 39(10B) or regulation 41(8B).

• (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).

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

Power to request assistance etc from TRA

42J

• (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 42I(3C).

• (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).

Notice of determination to maintain the application of a definitive safeguarding remedy in an international dispute investigation

Notice of the Secretary of State accepting or rejecting a recommendation by the TRA relating to an international dispute investigation

18

The information to be contained in a notice referred to in paragraph 22(4)(a) of Schedule 5 to the Act or regulation 42I(4) is—

• (a) a description of the goods to which the notice relates;

• (b) a description of the definitive safeguarding remedy to which the notice relates;

• (c) a summary of the investigation;

• (d) a summary of the international dispute decision;

• (e) the TRA’s determination made in the light of the international dispute decision;

• (f) the reasons for the TRA's recommendation to vary or revoke the definitive safeguarding remedy;

• (g) where the Secretary of State accepts the TRA’s recommendation to vary the definitive safeguarding remedy—

• (i) that such notice is a public notice made under section 13 of the Act;

• (ii) a specified period for which the definitive safeguarding remedy is applicable;

• (iii) details of exceptions of goods from the application of the definitive safeguarding remedy, if any;

• (h) where the Secretary of State accepts the TRA’s recommendation to revoke the definitive safeguarding remedy—

• (i) that such notice is a public notice made under section 13 of the Act;

• (ii) the date that the notice takes effect, which must be the day after the date of publication of the notice;

• (i) where the Secretary of State rejects the TRA’s recommendation—

• (i) and makes a decision under regulation 42I(3C)—

• (aa) that such notice is a public notice made under section 13 of the Act; ...

• (bb) the reasons for the Secretary of State’s rejection, and for varying the application of a definitive safeguarding remedy other than in accordance with the recommendation or revoking it; and

• (cc) where applicable, the varied definitive safeguarding remedy;

• (ii) and does not make a decision under regulation 42I(3C), the reasons for the Secretary of State’s rejection.