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SCHEDULES

Section 13

SCHEDULE 5U.K.Increase in imports causing serious injury to UK producers

PART 1U.K.Key definitions

Meaning of importation in “increased quantities”U.K.

1(1)For the purposes of this Schedule, goods are imported into the United Kingdom in “increased quantities” if—U.K.

(a)the volume of imports of the goods increases, whether in absolute terms or relative to the total production in the United Kingdom of like goods and directly competitive goods, and

(b)that increase is significant.

(2)Regulations may make provision for the purposes of sub-paragraph (1)—

(a)about how it is to be determined whether or not there has been an increase in the volume of imports;

(b)about how the amount of the increase is to be determined;

(c)about what constitutes or does not constitute a “significant” increase, including provision for an increase not to constitute a “significant” increase if it was foreseeable.

(3)“The total production in the United Kingdom of like goods and directly competitive goods” has the same meaning as in paragraph 3.

(4)See paragraphs 4 and 5 for the meaning of “like goods” and “directly competitive goods”.

Commencement Information

I1Sch. 5 para. 1 in force at 4.3.2019 at 11:59 a.m. by S.I. 2019/429, reg. 2 (with regs. 4-9)

Meaning of “serious injury”U.K.

2(1)For the purposes of this Schedule, “serious injury” to UK producers of particular goods (see paragraph 3) means—U.K.

(a)a significant overall impairment to their position, or

(b)the threat of such impairment.

(2)Regulations may make provision about what constitutes or does not constitute significant overall impairment to the position of UK producers, or the threat of such impairment, for the purposes of this Schedule.

(3)Regulations may make provision about how it is to be determined for the purposes of this Schedule whether the importation of goods into the United Kingdom in increased quantities has caused or is causing serious injury to UK producers of those goods.

(4)Such regulations may, among other things, make provision about the use of sampling or cumulative assessments.

Commencement Information

I2Sch. 5 para. 2 in force at 4.3.2019 at 11:59 a.m. by S.I. 2019/429, reg. 2 (with regs. 4-9)

Meaning of “UK producers”U.K.

3(1)For the purposes of this Schedule, “UK producers” of particular goods means—U.K.

(a)all the producers in the United Kingdom of like goods and all the producers in the United Kingdom of directly competitive goods, or

(b)those of them whose collective output of like goods and directly competitive goods constitutes a major proportion of the total production in the United Kingdom of those goods.

(2)Regulations may make provision for the purposes of sub-paragraph (1)—

(a)about what constitutes or does not constitute—

(i)a producer in the United Kingdom of like goods or directly competitive goods;

(ii)such a producer's output of like goods or directly competitive goods;

(iii)the total production in the United Kingdom of like goods and directly competitive goods;

(iv)a major proportion of that total production;

(b)about how any of those matters are to be determined.

(3)See paragraphs 4 and 5 for the meaning of “like goods” and “directly competitive goods”.

Commencement Information

I3Sch. 5 para. 3 in force at 4.3.2019 at 11:59 a.m. by S.I. 2019/429, reg. 2 (with regs. 4-9)

Meaning of “like goods”U.K.

4(1)For the purposes of this Schedule, “like goods”, in relation to goods, means—U.K.

(a)goods which are like those goods in all respects, and

(b)goods which, although not alike in all respects, have characteristics closely resembling those of the goods in question.

(2)Regulations may make provision about—

(a)what constitutes or does not constitute “like goods” for the purposes of this Schedule;

(b)how “like goods” is to be determined for those purposes.

Commencement Information

I4Sch. 5 para. 4 in force at 4.3.2019 at 11:59 a.m. by S.I. 2019/429, reg. 2 (with regs. 4-9)

Meaning of “directly competitive goods”U.K.

5U.K.Regulations may make provision about—

(a)what constitutes or does not constitute “directly competitive goods” for the purposes of this Schedule;

(b)how “directly competitive goods” is to be determined for those purposes.

Commencement Information

I5Sch. 5 para. 5 in force at 4.3.2019 at 11:59 a.m. by S.I. 2019/429, reg. 2 (with regs. 4-9)

PART 2U.K.Safeguarding investigations

Safeguarding investigationU.K.

6(1)The TRA may investigate—U.K.

(a)whether goods have been or are being imported into the United Kingdom in increased quantities, and

(b)whether the importation of the goods in increased quantities has caused or is causing serious injury to UK producers of those goods.

(2)References in this Schedule to a “safeguarding investigation” are to an investigation under sub-paragraph (1).

Commencement Information

I6Sch. 5 para. 6 in force at 4.3.2019 at 11:59 a.m. by S.I. 2019/429, reg. 2 (with regs. 4-9)

Initiation of a safeguarding investigationU.K.

7(1)The TRA may initiate a safeguarding investigation in relation to goods only if—U.K.

(a)it is requested to initiate an investigation in an application made—

(i)by or on behalf of UK producers of the goods (“the applicant UK producers”), or

(ii)by the Secretary of State,

(b)it is satisfied that the application contains sufficient evidence that—

(i)the goods have been or are being imported into the United Kingdom in increased quantities, and

(ii)the importation of the goods in increased quantities has caused or is causing serious injury to UK producers of those goods,

(c)the market share requirement is met or the TRA waives the requirement in relation to the application, and

(d)the application is accompanied by a preliminary adjustment plan or the TRA waives the requirement for the application to be accompanied by such a plan.

(2)The market share requirement is met if—

(a)in the case of an application under sub-paragraph (1)(a)(i), the TRA is satisfied that the applicant UK producers have a share of the market for like goods and directly competitive goods for consumption in the United Kingdom (whether produced there or elsewhere) which is sufficient to justify initiating the investigation;

(b)in the case of an application under sub-paragraph (1)(a)(ii), the TRA is satisfied that UK producers of the goods have a share of the market for like goods and directly competitive goods for consumption in the United Kingdom (whether produced there or elsewhere) which is sufficient to justify initiating the investigation.

(3)A preliminary adjustment plan is—

(a)in the case of an application under sub-paragraph (1)(a)(i), a plan setting out how the applicant UK producers think they might be able to adjust to the importation of the goods in increased quantities;

(b)in the case of an application under sub-paragraph (1)(a)(ii), a plan setting out how UK producers of the goods might be able to adjust to the importation of the goods in increased quantities.

(4)Regulations may make provision about—

(a)what constitutes or does not constitute an application made by or on behalf of UK producers for the purposes of sub-paragraph (1)(a)(i);

(b)when an application is made for the purposes of sub-paragraph (1)(a);

(c)the information to be contained in such an application;

(d)the time limit for determining such an application;

(e)the form and content of a preliminary adjustment plan;

(f)what constitutes or does not constitute “the market for like goods and directly competitive goods for consumption in the United Kingdom” and UK producers' “share” of that market for the purposes of sub-paragraphs (1)(c) and (2);

(g)how any of those matters are to be determined for the purposes of sub-paragraphs (1)(c) and (2).

[F1(4A)Where the TRA receives an application under sub-paragraph (1)(a)(i), the TRA must notify the Secretary of State of the application before the end of the second working day after the day on which it receives the application]

(5)If any of the requirements of sub-paragraph (1)(a) to (d) in respect of a safeguarding investigation are not met, the TRA must reject the application and notify the applicant accordingly (unless it is the requirement in sub-paragraph (1)(a) that is not met because the application has been withdrawn).

(6)If the requirements of sub-paragraph (1)(a) to (d) in respect of a safeguarding investigation are met, the TRA must [F2notify the Secretary of State that it intends to initiate a safeguarding investigation and, after the relevant interval, must take the following steps in the order in which they are set out]—

(a)accept the application and initiate the investigation,

(b)publish notice of its decision to initiate the investigation (including notice of the goods which are the subject of the investigation), and

(c)notify the Secretary of State and interested parties (see paragraph 31(3)) accordingly.

[F3(6A)In sub-paragraph (6), 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 safeguarding investigation.]

(7)Notices under sub-paragraph (6)(b) and (c) must specify the date of the initiation of the investigation.

[F4(8)In this paragraph, “working day” means any day other than a Saturday, a Sunday or a day that is a bank holiday under the Banking and Financial Dealings Act 1971 in any part of the United Kingdom.]

Textual Amendments

Commencement Information

I7Sch. 5 para. 7 in force at 4.3.2019 at 11:59 a.m. by S.I. 2019/429, reg. 2 (with regs. 4-9)

Conduct of a safeguarding investigationU.K.

8(1)Regulations may make provision about the conduct of a safeguarding investigation.U.K.

(2)Paragraph 10(2) of Schedule 4 applies to regulations under sub-paragraph (1) in relation to a safeguarding investigation as it applies to regulations under paragraph 10(1) of that Schedule in relation to a dumping or a subsidisation investigation.

Commencement Information

I8Sch. 5 para. 8 in force at 4.3.2019 at 11:59 a.m. by S.I. 2019/429, reg. 2 (with regs. 4-9)

Provisional affirmative determinations and final affirmative or negative determinationsU.K.

9(1)In the case of a safeguarding investigation, an “affirmative determination” in relation to goods means a determination that—U.K.

(a)the goods have been or are being imported into the United Kingdom in increased quantities, and

(b)the importation of the goods in increased quantities has caused or is causing serious injury to UK producers of those goods.

(2)At any stage during a safeguarding investigation, the TRA may make an affirmative determination, based on the evidence then before it, in relation to goods which are the subject of the investigation (referred to in this Schedule as “a provisional affirmative determination”).

(3)But the TRA may only make such a determination if it is satisfied that interested parties (see paragraph 31(3)) have been given an adequate opportunity to provide information to it regarding the investigation.

(4)The TRA must make a final determination in relation to each of the goods which are the subject of a safeguarding investigation.

(5)A final determination under sub-paragraph (4) in relation to goods is—

(a)an affirmative determination (referred to in this Schedule as a “final affirmative determination”), or

(b)if the TRA determines that it cannot make an affirmative determination in relation to the goods, a negative determination (referred to in this Schedule as a “final negative determination”) [F5(but see paragraph 10A for a requirement to give notice to the Secretary of State in certain cases)].

(6)The TRA may make different final determinations in relation to different goods which are the subject of the investigation.

(7)The TRA must—

(a)publish notice of its final negative determination or final negative determinations under sub-paragraph (4), and

(b)notify the Secretary of State and interested parties accordingly.

Textual Amendments

Commencement Information

I9Sch. 5 para. 9 in force at 4.3.2019 at 11:59 a.m. by S.I. 2019/429, reg. 2 (with regs. 4-9)

Termination of a safeguarding investigationU.K.

10U.K.A safeguarding investigation in relation to goods terminates (if it has not already terminated by virtue of provision made under paragraph 8(1))—

(a)in a case where the TRA makes a final negative determination in relation to the goods, when notice of that determination is published under paragraph 9(7)(a),

(b)in a case where the TRA makes a final affirmative determination in relation to the goods and determines that there is not a recommendation which it could make under paragraph 16(3) in relation to them, when notice of that determination is published under paragraph 16(11)(b) [F6(and see paragraph 10A for a requirement to give notice to the Secretary of State before making the determination)],

(c)in a case where the TRA makes a final affirmative determination in relation to the goods and makes a recommendation under paragraph 16(3) in relation to them which the Secretary of State rejects, when the notice of rejection is published under paragraph 19(3)(a) or 20(3)(a) [F7or the Secretary of State publishes notice of a decision under paragraph 19(2C) or 20(2C)], or

(d)in a case where the TRA makes a final affirmative determination in relation to the goods and makes a recommendation under paragraph 16(3) in relation to them which the Secretary of State accepts, at the end of the day of publication of the public notice under section 13 giving effect to the recommendation.

Textual Amendments

Commencement Information

I10Sch. 5 para. 10 in force at 4.3.2019 at 11:59 a.m. by S.I. 2019/429, reg. 2 (with regs. 4-9)

[F8Requirement to give notice to the Secretary of State in certain casesU.K.

Textual Amendments

10A(1)This paragraph applies where the TRA—U.K.

(a)proposes to make a final negative determination, or

(b)proposes to make a final affirmative determination in relation to goods and to determine that there is not a recommendation which it could make under paragraph 16(3) in relation to them.

(2)The TRA must notify the Secretary of State of its proposed determination.

(3)Where the Secretary of State has been notified in accordance with sub-paragraph (2), the Secretary of State may, within the relevant period (and subject to sub-paragraph (4)), request that the TRA reassess its proposed determination by reference to any matters specified in the request.

(4)The Secretary of State may only make a request under sub-paragraph (3) 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.

(5)The TRA must comply with a request under sub-paragraph (3).

(6)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 sub-paragraph (3), the time when the TRA receives that information.

(7)For the purposes of this paragraph, 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.]

PART 3U.K.Provisional remedies: provisional safeguarding amount & provisional tariff rate quotas

TRA's duty to recommend a provisional safeguarding amount or provisional tariff rate quotaU.K.

11(1)This paragraph applies where the TRA makes a provisional affirmative determination in relation to goods which are the subject of a safeguarding investigation.U.K.

(2)Goods in relation to which that determination is made are referred to in this paragraph as relevant goods.

(3)The TRA may recommend to the Secretary of State—

(a)that an additional amount of import duty (referred to in this Schedule as a “provisional safeguarding amount”) should be applicable for a specified period to all the relevant goods or to specified relevant goods;

(b)that all the relevant goods, or specified relevant goods, should be subject to a quota for a specified period during which a lower rate of import duty should be applicable to imports of goods within the amount of the quota than is applicable to imports of goods outside the amount of the quota (referred to in this Schedule as a “provisional tariff rate quota”).

(4)Where the TRA makes a recommendation under sub-paragraph (3)(a) in relation to relevant goods it must, as part of the recommendation, recommend to the Secretary of State how a provisional safeguarding amount applicable to those goods should be determined.

(5)The TRA may make a recommendation under sub-paragraph (3) only if it is satisfied that applying a provisional safeguarding amount to relevant goods, or making relevant goods subject to a provisional tariff rate quota, in accordance with its recommendation—

(a)is necessary to prevent serious injury which it would be difficult to repair from being caused during the investigation to UK producers of the goods, F9...

F9(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)The TRA may only make a recommendation under one or other of paragraphs (a) and (b) of sub-paragraph (3) in relation to any particular relevant good.

(7)The TRA may make a recommendation under paragraph (a) or (b) of sub-paragraph (3) in relation to specified relevant goods (rather than all the relevant goods) only if the recommendations which it makes under that sub-paragraph, when taken together, cover all the relevant goods.

(8)If the TRA determines that there are one or more recommendations which it could make under sub-paragraph (3) in relation to all the relevant goods, or that there are one or more recommendations which it could make under sub-paragraph (3) in relation to specified relevant goods, it must make that recommendation or one of those recommendations (subject to sub-paragraphs (6) and (7)).

[F10(8A)Where the TRA makes a recommendation under sub-paragraph (3), it must advise the Secretary of State whether and why it considers that applying a provisional safeguarding amount to relevant goods, or making relevant goods subject to a provisional tariff rate quota, in accordance with the recommendation, would meet the economic interest test (see paragraph 23).]

(9)If the TRA determines that there is no recommendation which it could make under sub-paragraph (3), it must—

(a)publish notice of its provisional affirmative determination in relation to the goods,

(b)publish notice of its determination that there is no recommendation which it could make under sub-paragraph (3), and

(c)notify the Secretary of State and interested parties (see paragraph 31(3)) accordingly.

Textual Amendments

Commencement Information

I11Sch. 5 para. 11 in force at 4.3.2019 at 11:59 a.m. by S.I. 2019/429, reg. 2 (with regs. 4-9)

TRA's recommendations about a provisional safeguarding amountU.K.

12(1)This paragraph applies to a recommendation by the TRA under paragraph 11(3)(a) in relation to goods.U.K.

(2)The specified period referred to in paragraph 11(3)(a)—

(a)must not exceed 200 days, and

(b)if the recommendation is accepted by the Secretary of State, must begin on the day after the date of publication of the public notice under section 13 giving effect to the recommendation.

(3)A recommendation under paragraph 11(3)(a) as to how a provisional safeguarding amount applicable to goods should be determined (see paragraph 11(4)) may be by reference to either or both of the following—

(a)the value of the goods, and

(b)the weight or volume of the goods or any other measure of their quantity or size.

(4)But that recommendation must be such that a provisional safeguarding amount applicable to goods does not exceed the amount which the TRA is satisfied is necessary to prevent serious injury which it would be difficult to repair from being caused during the investigation to UK producers of the goods.

(5)Regulations may make provision for the purposes of sub-paragraph (4) about how the amount which the TRA is satisfied is necessary to prevent the serious injury described in that provision is to be determined.

(6)A recommendation under paragraph 11(3)(a) must include such other content as regulations may require.

Commencement Information

I12Sch. 5 para. 12 in force at 4.3.2019 at 11:59 a.m. by S.I. 2019/429, reg. 2 (with regs. 4-9)

TRA's recommendations regarding provisional tariff rate quotasU.K.

13(1)This paragraph applies to a recommendation by the TRA under paragraph 11(3)(b) in relation to goods.U.K.

(2)The specified period referred to in paragraph 11(3)(b)—

(a)must not exceed 200 days, and

(b)if the recommendation is accepted by the Secretary of State, must begin on the day after the date of publication of the public notice under section 13 giving effect to the recommendation.

(3)The recommendation must (in addition to the specified period) include—

(a)the TRA's recommendation regarding—

(i)the amount of the quota,

(ii)how the quota should be allocated, and

(iii)the rates of import duty that should be applied to goods subject to the quota, and

(b)such other content as regulations may require.

(4)The TRA must consult the Secretary of State before making a recommendation regarding the allocation of the quota.

(5)The things recommended by the TRA by virtue of sub-paragraph (3)(a) must be such as the TRA is satisfied are necessary to prevent serious injury which it would be difficult to repair from being caused during the investigation to UK producers of the goods.

(6)Regulations may make provision for the purposes of sub-paragraph (5) about how the things which the TRA is satisfied are necessary to prevent the serious injury described in that provision are to be determined.

Commencement Information

I13Sch. 5 para. 13 in force at 4.3.2019 at 11:59 a.m. by S.I. 2019/429, reg. 2 (with regs. 4-9)

Secretary of State's power to apply a provisional safeguarding amountU.K.

14(1)If the TRA makes a recommendation under paragraph 11(3)(a), the Secretary of State must decide whether to accept or reject the recommendation.U.K.

(2)The Secretary of State may reject the recommendation only if the Secretary of State is satisfied that [F11it is not in the public interest to accept it.]

[F12(2A)In considering that, the Secretary of State must have regard to the TRA’s advice on whether applying a provisional safeguard amount to relevant goods in accordance with the recommendation would meet the economic interest test (see paragraph 23).

(2B)Sub-paragraph (2C) applies if the recommendation is rejected.

(2C)If the Secretary of State considers that it is in the public interest to do so, the Secretary of State may decide that—

(a)a provisional safeguarding amount should be applied to all the relevant goods, or to specified relevant goods, other than in accordance with the recommendation, or

(b)all the relevant goods, or specified relevant goods, should be subject to a provisional tariff rate quota for a specified period.

(2D)But the Secretary of State may make a decision under sub-paragraph (2C) only if a recommendation under paragraph 11(3) to the same effect as the decision (ignoring any restrictions in paragraph 11 on the ability of the TRA to make such a recommendation) would have complied with the requirements set out in paragraph 12 or 13, as the case may be.

(2E)Where the Secretary of State makes a decision under sub-paragraph (2C), the Secretary of State—

(a)must publish notice of the decision,

(b)must notify interested parties (see paragraph 31(3)) accordingly,

(c)must lay a statement before the House of Commons setting out the reasons for making the decision, and

(d)is required under section 13 to make provision by public notice to give effect to the decision.]

(3)If the recommendation is rejected [F13and the Secretary of State does not make a decision under sub-paragraph (2C)], the Secretary of State must—

(a)publish notice of the TRA's provisional affirmative determination in relation to the goods, of the recommendation and of the rejection of it,

(b)notify interested parties (see paragraph 31(3)) accordingly, and

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

(4)If the recommendation is accepted, the Secretary of State—

(a)must publish notice of the TRA's provisional affirmative determination in relation to the goods, of the recommendation and of the acceptance of it,

(b)must notify interested parties accordingly, and

(c)is required under section 13 to make provision by public notice to give effect to the recommendation.

(5)The period for which a provisional safeguarding amount applies to goods ceases (if it has not already expired) when the safeguarding investigation in relation to the goods terminates.

Textual Amendments

F11Words in Sch. 5 para. 14(2) substituted for Sch. 5 para. 14(2)(a)(b) (25.8.2023) by Finance (No. 2) Act 2023 (c. 30), Sch. 19 paras. 10(2)(a), 17(2); S.I. 2023/918, reg. 2 (with reg. 3)

Commencement Information

I14Sch. 5 para. 14 in force at 4.3.2019 at 11:59 a.m. by S.I. 2019/429, reg. 2 (with regs. 4-9)

Secretary of State's power to subject goods to a provisional tariff rate quotaU.K.

15(1)If the TRA makes a recommendation under paragraph 11(3)(b), the Secretary of State must decide whether to accept or reject the recommendation.U.K.

(2)The Secretary of State may reject the recommendation only if the Secretary of State is satisfied that [F14it is not in the public interest to accept it]

[F15(2A)In considering that, the Secretary of State must have regard to the TRA’s advice on whether applying a provisional tariff rate quota to relevant goods in accordance with the recommendation would meet the economic interest test (see paragraph 23).

(2B)Sub-paragraph (2C) applies if the recommendation is rejected.

(2C)If the Secretary of State considers that it is in the public interest to do so, the Secretary of State may decide that—

(a)all the relevant goods, or specified relevant goods, should be subject to a provisional tariff rate quota, other than in accordance with the recommendation, or

(b)a provisional safeguarding amount should be applied for a specified period to all the relevant goods or, to specified relevant goods.

(2D)But the Secretary of State may make a decision under sub-paragraph (2C) only if a recommendation under paragraph 11(3) to the same effect as the decision (ignoring any restrictions in paragraph 11 on the ability of the TRA to make such a recommendation) would have complied with the requirements set out in paragraph 12 or 13, as the case may be.

(2E)Where the Secretary of State makes a decision under sub-paragraph (2C), the Secretary of State—

(a)must publish notice of the decision,

(b)must notify interested parties (see paragraph 31(3)) accordingly,

(c)must lay a statement before the House of Commons setting out the reasons for making the decision, and

(d)is required under section 13 to make provision by public notice to give effect to the decision.]

(3)If the recommendation is rejected [F16and the Secretary of State does not make a decision under sub-paragraph (2C)], the Secretary of State must—

(a)publish notice of the TRA's provisional affirmative determination in relation to the goods, of the recommendation and of the rejection of it,

(b)notify interested parties (see paragraph 31(3)) accordingly, and

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

(4)If the recommendation is accepted, the Secretary of State—

(a)must publish notice of the TRA's provisional affirmative determination in relation to the goods, of the recommendation and of the acceptance of it,

(b)must notify interested parties accordingly, and

(c)is required under section 13 to make provision by public notice to give effect to the recommendation.

(5)The period for which goods are subject to a provisional tariff rate quota ceases (if it has not already expired) when the safeguarding investigation in relation to the goods terminates.

Textual Amendments

F14Words in Sch. 5 para. 15(2) substituted for Sch. 5 para. 15(2)(a)(b) (25.8.2023) by Finance (No. 2) Act 2023 (c. 30), Sch. 19 paras. 10(3)(a), 17(2); S.I. 2023/918, reg. 2 (with reg. 3)

Commencement Information

I15Sch. 5 para. 15 in force at 4.3.2019 at 11:59 a.m. by S.I. 2019/429, reg. 2 (with regs. 4-9)

PART 4U.K.Definitive remedies: definitive safeguarding amount & tariff rate quotas

TRA's duty to recommend a definitive safeguarding amount or tariff rate quotaU.K.

16(1)This paragraph applies where the TRA makes a final affirmative determination in relation to goods which are the subject of a safeguarding investigation.U.K.

(2)Goods in relation to which that determination is made are referred to in this paragraph as relevant goods.

(3)The TRA may recommend to the Secretary of State—

(a)that an additional amount of import duty (referred to in this Schedule as a “definitive safeguarding amount”) should be applicable for a specified period to all the relevant goods or to specified relevant goods;

(b)that all the relevant goods, or specified relevant goods, should be subject to a quota for a specified period during which a lower rate of import duty should be applicable to imports of goods within the amount of the quota than is applicable to imports of goods outside the amount of the quota (referred to in this Schedule as a “tariff rate quota”).

(4)Where the TRA makes a recommendation under sub-paragraph (3)(a) in relation to relevant goods it must, as part of the recommendation, recommend to the Secretary of State how a definitive safeguarding amount applicable to those goods should be determined.

(5)The TRA may make a recommendation under sub-paragraph (3) only if it is satisfied that—

F17(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)there is in place an adjustment plan setting out how UK producers of the relevant goods intend to adjust to the importation of the goods in increased quantities.

(6)But sub-paragraph (5) is to be read as if paragraph (b) were omitted if the TRA waived the requirement for the application to initiate a safeguarding investigation in relation to the relevant goods to be accompanied by a preliminary adjustment plan.

(7)Regulations may make provision about the form and content of an adjustment plan.

(8)The TRA may only make a recommendation under one or other of paragraphs (a) and (b) of sub-paragraph (3) in relation to any particular relevant good.

(9)The TRA may make a recommendation under paragraph (a) or (b) of sub-paragraph (3) in relation to specified relevant goods (rather than all the relevant goods) only if the recommendations which it makes under that sub-paragraph, when taken together, cover all the relevant goods.

(10)If the TRA determines that there are one or more recommendations which it could make under sub-paragraph (3) in relation to all the relevant goods, or that there are one or more recommendations which it could make under sub-paragraph (3) in relation to specified relevant goods, it must make that recommendation or one of those recommendations (subject to sub-paragraphs (8) and (9)).

[F18(10A)Where the TRA considers that there are two or more options which it could recommend under sub-paragraph (3)(a) or (b), in relation to relevant goods or descriptions of relevant goods, it may give the Secretary of State each of those options as part of its recommendation.

(10B)The Secretary of State may by regulations make provision requiring the TRA, in specified circumstances, to consider whether it could give the Secretary of State two or more options as part of its recommendation under sub-paragraph (3)(a) or (b) in relation to relevant goods or descriptions of relevant goods.

(10C)Where, after considering whether it could give the Secretary of State two or more options as part of its recommendation in accordance with regulations under sub-paragraph (10B), the TRA considers that there is only one option which it could reasonably recommend under sub-paragraph (3)(a) or (b) in relation to relevant goods or descriptions of relevant goods, it must give the Secretary of State its reasons for reaching that conclusion.

(10D)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.

(10E)Where the TRA makes a recommendation under sub-paragraph (3) it must advise the Secretary of State whether and why it considers that applying a definitive safeguarding amount or making relevant goods subject to a quota in accordance with—

(a)its recommendation, or

(b)where the recommendation contains options given under sub-paragraph (10A), each option,

would meet the economic interest test (see paragraph 23).]

(11)If the TRA determines that there is no recommendation which it could make under sub-paragraph (3) it must—

(a)publish notice of its final affirmative determination in relation to the goods,

(b)publish notice of its determination that there is no recommendation which it could make under sub-paragraph (3), and

(c)notify the Secretary of State and interested parties (see paragraph 31(3)) accordingly.

Textual Amendments

F17Sch. 5 para. 16(5)(a) omitted (11.7.2023 for specified purposes, 25.8.2023 in so far as not already in force) by virtue of Finance (No. 2) Act 2023 (c. 30), Sch. 19 paras. 11(1)(a), 17(1); S.I. 2023/918, reg. 2 (with reg. 3)

F18Sch. 5 para. 16(10A)-(10E) inserted (11.7.2023 for specified purposes, 25.8.2023 in so far as not already in force) by Finance (No. 2) Act 2023 (c. 30), Sch. 19 paras. 11(1)(b), 17(1); S.I. 2023/918, reg. 2 (with reg. 3)

Modifications etc. (not altering text)

Commencement Information

I16Sch. 5 para. 16 in force at 4.3.2019 at 11:59 a.m. by S.I. 2019/429, reg. 2 (with regs. 4-9)

TRA's recommendations about a definitive safeguarding amountU.K.

17(1)This paragraph applies to a recommendation by the TRA under paragraph 16(3)(a) in relation to goods.U.K.

(2)The specified period referred to in paragraph 16(3)(a)—

(a)must be such period as the TRA is satisfied is necessary—

(i)to remove the serious injury, or to prevent further serious injury, caused by the importation of the goods in increased quantities to UK producers of the goods, and

(ii)to facilitate the adjustment of those UK producers to the importation of the goods in increased quantities,

(b)must not exceed 4 years (but see paragraph 21 regarding the possibility of extensions or other variations to that period following a review), and

(c)if the recommendation is accepted by the Secretary of State, must begin on the day after the date of publication of the public notice under section 13 giving effect to the recommendation.

(3)A recommendation under paragraph 16(3)(a) as to how a definitive safeguarding amount applicable to goods should be determined (see paragraph 16(4)) may be by reference to either or both of the following—

(a)the value of the goods, and

(b)the weight or volume of the goods or any other measure of their quantity or size.

(4)But that recommendation must be such that—

(a)a definitive safeguarding amount applicable to goods does not exceed the amount which the TRA is satisfied is necessary—

(i)to remove serious injury to UK producers of the goods, and

(ii)to facilitate the adjustment of those UK producers to the importation of the goods in increased quantities, and

(b)where the specified period referred to in paragraph 16(3)(a) exceeds 1 year, a definitive safeguarding amount applicable to goods becomes progressively smaller as the period progresses.

(5)Regulations may make provision for the purposes of sub-paragraph (4)(a) about how the amount which the TRA is satisfied is necessary for the purposes mentioned is to be determined.

(6)A recommendation under paragraph 16(3)(a) must include such other content as regulations may require.

(7)If a provisional safeguarding remedy has been applied to some or all of the goods as part of the same safeguarding investigation, sub-paragraph (8) applies for the purposes of sub-paragraphs (2)(b) and (4)(b).

(8)The length of the specified period referred to in paragraph 16(3)(a), so far as relating to goods to which a provisional safeguarding remedy has been applied, is to be treated as extended by the length of the specified period for which the TRA recommended that a provisional safeguarding remedy should be applied to them [F19or, where the TRA’s recommendation contained options proposing different lengths, the length adopted by the Secretary of State].

(9)Where the application of sub-paragraph (8) results in the length of the specified period referred to in paragraph 16(3)(a), so far as relating to goods to which a provisional safeguarding remedy has been applied, exceeding 1 year, sub-paragraph (4)(b) is to be read as if references to goods were references to the goods to which the provisional safeguarding remedy has been applied.

(10)In this paragraph, references to the application of a provisional safeguarding remedy are to—

(a)applying a provisional safeguarding amount to goods, or

(b)making goods subject to a provisional tariff rate quota.

[F20(11)This paragraph has effect in relation to an option given by the TRA under paragraph 16(10A) as it has effect in relation to a recommendation by the TRA under paragraph 16(3)(a).]

Textual Amendments

F19Words in Sch. 5 para. 17(8) inserted (11.7.2023 for specified purposes, 25.8.2023 in so far as not already in force) by Finance (No. 2) Act 2023 (c. 30), Sch. 19 paras. 11(2)(a), 17(1); S.I. 2023/918, reg. 2 (with reg. 3)

F20Sch. 5 para. 17(11) inserted (11.7.2023 for specified purposes, 25.8.2023 in so far as not already in force) by Finance (No. 2) Act 2023 (c. 30), Sch. 19 paras. 11(2)(b), 17(1); S.I. 2023/918, reg. 2 (with reg. 3)

Commencement Information

I17Sch. 5 para. 17 in force at 4.3.2019 at 11:59 a.m. by S.I. 2019/429, reg. 2 (with regs. 4-9)

TRA's recommendations regarding tariff rate quotasU.K.

18(1)This paragraph applies to a recommendation by the TRA under paragraph 16(3)(b) in relation to goods.U.K.

(2)The specified period referred to in paragraph 16(3)(b)—

(a)must be such period as the TRA is satisfied is necessary—

(i)to remove the serious injury, or to prevent further serious injury, caused by the importation of the goods in increased quantities to UK producers of the goods, and

(ii)to facilitate the adjustment of those UK producers to the importation of the goods in increased quantities,

(b)must not exceed 4 years (but see paragraph 21 regarding the possibility of extensions or other variations to that period following a review), and

(c)if the recommendation is accepted by the Secretary of State, must begin on the day after the date of publication of the public notice under section 13 giving effect to the recommendation.

(3)The recommendation must (in addition to the specified period) include—

(a)the TRA's recommendation regarding—

(i)the amount of the quota,

(ii)how the quota should be allocated, and

(iii)the rates of import duty that should be applied to goods subject to the quota, and

(b)such other content as regulations may require.

(4)The TRA must consult the Secretary of State before making a recommendation regarding the allocation of the quota.

(5)The things recommended by the TRA by virtue of sub-paragraph (3)(a)—

(a)must be such as the TRA is satisfied are necessary—

(i)to remove serious injury to UK producers of the goods, and

(ii)to facilitate the adjustment of those UK producers to the importation of the goods in increased quantities, and

(b)where the specified period referred to in paragraph 16(3)(b) exceeds 1 year, must be such that the amount of import duty applicable to goods subject to the quota becomes progressively smaller as the period progresses (whether by increases in the amount of the quota, decreases in the rates of import duty, or both).

(6)Regulations may make provision for the purposes of sub-paragraph (5)(a) about how the things which the TRA is satisfied are necessary for the purposes mentioned are to be determined.

(7)If a provisional safeguarding remedy has been applied to some or all of the goods as part of the same safeguarding investigation, sub-paragraph (8) applies for the purposes of sub-paragraphs (2)(b) and (5)(b).

(8)The length of the specified period referred to in paragraph 16(3)(b), so far as relating to goods to which a provisional safeguarding remedy has been applied, is to be treated as extended by the length of the specified period for which the TRA recommended that a provisional safeguarding remedy should be applied to them.

(9)Where the application of sub-paragraph (8) results in the length of the specified period referred to in paragraph 16(3)(b), so far as relating to goods to which a provisional safeguarding remedy has been applied, exceeding 1 year, sub-paragraph (5)(b) is to be read as if references to goods were references to the goods to which the provisional safeguarding remedy has been applied.

(10)In this paragraph, references to the application of a provisional safeguarding remedy are to—

(a)applying a provisional safeguarding amount to goods, or

(b)making goods subject to a provisional tariff rate quota.

[F21(11)This paragraph has effect in relation to an option given by the TRA under paragraph 16(10A) as it has effect in relation to a recommendation by the TRA under paragraph 16(3)(b).]

Textual Amendments

F21Sch. 5 para. 18(11) inserted (11.7.2023 for specified purposes, 25.8.2023 in so far as not already in force) by Finance (No. 2) Act 2023 (c. 30), Sch. 19 paras. 11(3), 17(1); S.I. 2023/918, reg. 2 (with reg. 3)

Commencement Information

I18Sch. 5 para. 18 in force at 4.3.2019 at 11:59 a.m. by S.I. 2019/429, reg. 2 (with regs. 4-9)

Secretary of State's [F22powers in relation to a recommendation] to apply a definitive safeguarding amountU.K.

Textual Amendments

F22Words in Sch. 5 para. 19 cross-heading substituted (11.7.2023 for specified purposes, 25.8.2023 in so far as not already in force) by Finance (No. 2) Act 2023 (c. 30), Sch. 19 paras. 11(4), 17(1); S.I. 2023/918, reg. 2 (with reg. 3)

19(1)If the TRA makes a recommendation under paragraph 16(3)(a) that a definitive safeguarding amount should be applicable to goods, the Secretary of State must decide whether to accept or reject the recommendation.U.K.

[F23(a)]decide whether to accept or reject the recommendation [F24, 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.]

[F25(1A)Where the Secretary of State accepts a recommendation which contains options given in reliance on paragraph 16(10A), the Secretary of State must decide which of those options to adopt.]

(2)The Secretary of State may reject the recommendation only if the Secretary of State is satisfied that [F26it is not in the public interest to accept it].

[F27(2A)In considering that, the Secretary of State must have regard to the TRA’s advice on whether applying a definitive safeguarding amount in accordance with the recommendation, or in accordance with each option, as the case may be, would meet the economic interest test (see paragraph 23).

(2B)Sub-paragraph (2C) applies if the recommendation is rejected.

(2C)If the Secretary of State considers that it is in the public interest to do so, the Secretary of State may decide that—

(a)a definitive safeguarding amount should be applied to all the relevant goods, or to specified relevant goods, other than in accordance with the recommendation, or

(b)all the relevant goods, or specified relevant goods, should be subject to a tariff rate quota for a specified period.

(2D)But the Secretary of State may make a decision under sub-paragraph (2C) only if a recommendation under paragraph 16 to the same effect as the decision (ignoring any restrictions in paragraph 16 on the ability of the TRA to make such a recommendation) would have complied with the requirements set out in paragraph 17 or 18, as the case may be.

(2E)Where the Secretary of State makes a decision under sub-paragraph (2C), the Secretary of State—

(a)must publish notice of the decision,

(b)must notify interested parties (see paragraph 31(3)) accordingly,

(c)must lay a statement before the House of Commons setting out the reasons for making the decision, and

(d)is required under section 13 to make provision by public notice to give effect to the decision.]

(3)If the recommendation is rejected [F28and the Secretary of State does not make a decision under sub-paragraph (2C)], the Secretary of State must—

(a)publish notice of the TRA's final affirmative determination in relation to the goods, of the recommendation and of the rejection of it,

(b)notify interested parties (see paragraph 31(3)) accordingly, and

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

(4)If the recommendation is accepted, the Secretary of State—

(a)must publish notice of the TRA's final affirmative determination in relation to the goods, of the recommendation [F29, including any particular option adopted by the Secretary of State,] and of the acceptance of it,

(b)must notify interested parties accordingly, and

(c)is required under section 13 to make provision by public notice to give effect to the recommendation.

[F30(4A)The Secretary of State may only make a request under sub-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 has made an error in relation to its recommendation, or

(c)exceptional circumstances make the request appropriate.

(4B)Before making a request under sub-paragraph (1)(b), the Secretary of State must consult the TRA.

(4C)Where the Secretary of State makes a request under sub-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.]

(5)See paragraphs 21 and 22 for variation or revocation of the application of a definitive safeguarding amount.

Textual Amendments

F23Words in Sch. 5 para. 19(1) renumbered as Sch. 5 para. 19(1)(a) (11.7.2023 for specified purposes, 25.8.2023 in so far as not already in force) by Finance (No. 2) Act 2023 (c. 30), Sch. 19 paras. 11(5)(a)(i), 17(1); S.I. 2023/918, reg. 2 (with reg. 3)

F24Sch. 5 para. 19(1)(b) and word inserted (11.7.2023 for specified purposes, 25.8.2023 in so far as not already in force) by Finance (No. 2) Act 2023 (c. 30), Sch. 19 paras. 11(5)(a)(ii), 17(1); S.I. 2023/918, reg. 2 (with reg. 3)

F25Sch. 5 para. 19(1A) inserted (11.7.2023 for specified purposes, 25.8.2023 in so far as not already in force) by Finance (No. 2) Act 2023 (c. 30), Sch. 19 paras. 11(5)(b), 17(1); S.I. 2023/918, reg. 2 (with reg. 3)

F26Words in Sch. 5 para. 19(2) substituted for Sch. 5 para. 19(2)(a)(b) (11.7.2023 for specified purposes, 25.8.2023 in so far as not already in force) by Finance (No. 2) Act 2023 (c. 30), Sch. 19 paras. 11(5)(c), 17(1); S.I. 2023/918, reg. 2 (with reg. 3)

F27Sch. 5 para. 19(2A)-(2E) inserted (11.7.2023 for specified purposes, 25.8.2023 in so far as not already in force) by Finance (No. 2) Act 2023 (c. 30), Sch. 19 paras. 11(5)(d), 17(1); S.I. 2023/918, reg. 2 (with reg. 3)

F28Words in Sch. 5 para. 19(3) inserted (11.7.2023 for specified purposes, 25.8.2023 in so far as not already in force) by Finance (No. 2) Act 2023 (c. 30), Sch. 19 paras. 11(5)(e), 17(1); S.I. 2023/918, reg. 2 (with reg. 3)

F29Words in Sch. 5 para. 19(4)(a) inserted (11.7.2023 for specified purposes, 25.8.2023 in so far as not already in force) by Finance (No. 2) Act 2023 (c. 30), Sch. 19 paras. 11(5)(f), 17(1); S.I. 2023/918, reg. 2 (with reg. 3)

F30Sch. 5 para. 19(4A)-(4C) inserted (11.7.2023 for specified purposes, 25.8.2023 in so far as not already in force) by Finance (No. 2) Act 2023 (c. 30), Sch. 19 paras. 11(5)(g), 17(1); S.I. 2023/918, reg. 2 (with reg. 3)

Commencement Information

I19Sch. 5 para. 19 in force at 4.3.2019 at 11:59 a.m. by S.I. 2019/429, reg. 2 (with regs. 4-9)

Secretary of State's [F31powers in relation to a recommendation] to subject goods to a tariff rate quotaU.K.

Textual Amendments

F31Words in Sch. 5 para. 20 cross-heading substituted (11.7.2023 for specified purposes, 25.8.2023 in so far as not already in force) by Finance (No. 2) Act 2023 (c. 30), Sch. 19 paras. 11(6), 17(1); S.I. 2023/918, reg. 2 (with reg. 3)

20(1)If the TRA makes a recommendation under paragraph 16(3)(b) that goods should be subject to a tariff rate quota, the Secretary of State must .U.K.

[F32(a)]decide whether to accept or reject the recommendation [F33, or

(b)request that the TRA reassess its recommendation with a view to amending or replacing the recommendation.]

[F34(1A)Where the Secretary of State accepts a recommendation which contains options given in reliance on paragraph 16(10A), the Secretary of State must decide which of those options to adopt.]

(2)The Secretary of State may reject the recommendation only if the Secretary of State is satisfied that [F35it is not in the public interest to accept it].

[F36(2A)In considering that, the Secretary of State must have regard to the TRA’s advice on whether applying a tariff rate quota in accordance with the recommendation, or in accordance with each option, as the case may be, would meet the economic interest test (see paragraph 23).

(2B)Sub-paragraph (2C) applies if the recommendation is rejected.

(2C)If the Secretary of State considers that it is in the public interest to do so, the Secretary of State may decide that—

(a)all the relevant goods, or specified relevant goods, should be subject to a tariff rate quota, other than in accordance with the recommendation, or

(b)a definitive safeguarding amount should be applied for a specified period to all the relevant goods, or to specified relevant goods.

(2D)But the Secretary of State may make a decision under sub-paragraph (2C) only if a recommendation under paragraph 16 to the same effect as the decision (ignoring any restrictions in paragraph 16 on the ability of the TRA to make such a recommendation) would have complied with the requirements set out in paragraph 17 or 18, as the case may be.

(2E)Where the Secretary of State makes a decision under sub-paragraph (2C), the Secretary of State—

(a)must publish notice of the decision,

(b)must notify interested parties (see paragraph 31(3)) accordingly,

(c)must lay a statement before the House of Commons setting out the reasons for making the decision, and

(d)is required under section 13 to make provision by public notice to give effect to the decision.]

(3)If the recommendation is rejected [F37and the Secretary of State does not make a decision under sub-paragraph (2C)], the Secretary of State must—

(a)publish notice of the TRA's final affirmative determination in relation to the goods, of the recommendation and of the rejection of it,

(b)notify interested parties (see paragraph 31(3)) accordingly, and

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

(4)If the recommendation is accepted, the Secretary of State—

(a)must publish notice of the TRA's final affirmative determination in relation to the goods, of the recommendation [F38, including any particular option adopted by the Secretary of State,] and of the acceptance of it,

(b)must notify interested parties accordingly, and

(c)is required under section 13 to make provision by public notice to give effect to the recommendation.

[F39(4A)The Secretary of State may only make a request under sub-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 has made an error in relation to its recommendation, or

(c)exceptional circumstances make the request appropriate.

(4B)Before making a request under sub-paragraph (1)(b), the Secretary of State must consult the TRA.

(4C)Where the Secretary of State makes a request under sub-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.]

(5)See paragraphs 21 and 22 for variation or revocation of a tariff rate quota.

Textual Amendments

F32Words in Sch. 5 para. 20(1) renumbered as Sch. 5 para. 20(1)(a) (11.7.2023 for specified purposes, 25.8.2023 in so far as not already in force) by Finance (No. 2) Act 2023 (c. 30), Sch. 19 paras. 11(7)(a)(i), 17(1); S.I. 2023/918, reg. 2 (with reg. 3)

F33Sch. 5 para. 20(1)(b) and word inserted (11.7.2023 for specified purposes, 25.8.2023 in so far as not already in force) by Finance (No. 2) Act 2023 (c. 30), Sch. 19 paras. 11(7)(a)(ii), 17(1); S.I. 2023/918, reg. 2 (with reg. 3)

F34Sch. 5 para. 20(1A) inserted (11.7.2023 for specified purposes, 25.8.2023 in so far as not already in force) by Finance (No. 2) Act 2023 (c. 30), Sch. 19 paras. 11(7)(b), 17(1); S.I. 2023/918, reg. 2 (with reg. 3)

F35Words in Sch. 5 para. 20(2) substituted for Sch. 5 para. 20(2)(a)(b) (11.7.2023 for specified purposes, 25.8.2023 in so far as not already in force) by Finance (No. 2) Act 2023 (c. 30), Sch. 19 paras. 11(7)(c), 17(1); S.I. 2023/918, reg. 2 (with reg. 3)

F36Sch. 5 para. 20(2A)-(2E) inserted (11.7.2023 for specified purposes, 25.8.2023 in so far as not already in force) by Finance (No. 2) Act 2023 (c. 30), Sch. 19 paras. 11(7)(d), 17(1); S.I. 2023/918, reg. 2 (with reg. 3)

F37Words in Sch. 5 para. 20(3) inserted (11.7.2023 for specified purposes, 25.8.2023 in so far as not already in force) by Finance (No. 2) Act 2023 (c. 30), Sch. 19 paras. 11(7)(e), 17(1); S.I. 2023/918, reg. 2 (with reg. 3)

F38Words in Sch. 5 para. 20(4)(a) inserted (11.7.2023 for specified purposes, 25.8.2023 in so far as not already in force) by Finance (No. 2) Act 2023 (c. 30), Sch. 19 paras. 11(7)(f), 17(1); S.I. 2023/918, reg. 2 (with reg. 3)

F39Sch. 5 para. 20(4A)-(4C) inserted (11.7.2023 for specified purposes, 25.8.2023 in so far as not already in force) by Finance (No. 2) Act 2023 (c. 30), Sch. 19 paras. 11(7)(g), 17(1); S.I. 2023/918, reg. 2 (with reg. 3)

Commencement Information

I20Sch. 5 para. 20 in force at 4.3.2019 at 11:59 a.m. by S.I. 2019/429, reg. 2 (with regs. 4-9)

ReviewsU.K.

21(1)Regulations may make provision for, or in connection with, reviews by the TRA of the continuing application of a definitive safeguarding amount or the continuation of a tariff rate quota.U.K.

(2)References in this paragraph to “a review” are to a review by virtue of provision made under sub-paragraph (1).

(3)Regulations under sub-paragraph (1) may, among other things, provide for a review to consider—

(a)whether the continuing application of a definitive safeguarding amount, or the continuation of a tariff rate quota, is necessary—

(i)to remove the serious injury, or to prevent further serious injury, caused by the importation of the goods in increased quantities to UK producers of the goods, or

(ii)to facilitate the adjustment of those UK producers to the importation of the goods in increased quantities;

(b)whether serious injury to UK producers of the goods would be likely to continue or recur if the application of a definitive safeguarding amount were to expire or be varied or revoked or if a tariff rate quota were to expire or be varied or revoked;

(c)whether replacing the application of a definitive safeguarding amount with a tariff rate quota, or replacing a tariff rate quota with the application of a definitive safeguarding amount, would better meet the aim of—

(i)removing serious injury to UK producers of the goods, or

(ii)facilitating the adjustment of those UK producers to the importation of the goods in increased quantities;

(d)whether an adjustment plan as referred to in paragraph 16(5)(b) is being complied with.

(4)Regulations under sub-paragraph (1) may, among other things, make—

(a)provision for the TRA to investigate certain matters;

(b)provision for the period for which a definitive safeguarding amount applies to goods by public notice under section 13, or for which goods are subject to a tariff rate quota by public notice under that section, to be treated as continuing (where it would otherwise cease to do so) while a review is ongoing;

[F40(ba)provision corresponding or similar to any provision made by or under this Schedule in relation to a safeguarding investigation, including any of the powers or duties of the TRA or the Secretary of State in respect of those investigations and any recommendations or decisions resulting from them;

(bb)provision conferring functions (including functions involving the exercise of a discretion) on the Secretary of State or the TRA;]

(c)other provision about the conduct of a review.

(5)Paragraph 10(2) of Schedule 4 applies to regulations made by virtue of sub-paragraph (4)(c) in relation to a review as it applies to regulations under paragraph 10(1) of that Schedule in relation to a dumping or a subsidisation investigation.

(6)Regulations may make provision for or in connection with—

(a)the TRA recommending to the Secretary of State that—

(i)the application of a definitive safeguarding amount to goods should be varied, revoked or replaced with a tariff rate quota, or

(ii)a tariff rate quota to which goods are subject should be varied, revoked or replaced with the application of a definitive safeguarding amount, F41...

[F42(aa)the TRA giving the Secretary of State options as part of a recommendation, and]

(b)[F43the Secretary of State’s powers in relation to] such a recommendation.

(7)Where, by virtue of provision made under sub-paragraph (6), the Secretary of State [F44decides] that the application of a definitive safeguarding amount to goods, or a tariff rate quota to which goods are subject, should be varied or revoked, the Secretary of State—

(a)must publish notice of the [F45decision],

(b)must notify interested parties (see paragraph 31(3)) accordingly, and

(c)is required under section 13 to make provision by public notice to give effect to the [F46decision].

(8)The variation of the application of a definitive safeguarding amount to goods which the TRA may recommend to the Secretary of State [F47, or which the Secretary of State may decide to make other than in accordance with a recommendation,] by virtue of regulations under sub-paragraph (6) may take the form of one or both of the following—

(a)varying the period for which a definitive safeguarding amount is applicable (including extending it beyond the period referred to in paragraph 17(2)(b));

(b)varying how a definitive safeguarding amount should be determined such that a lower amount of import duty is applicable.

(9)The variation of a tariff rate quota which the TRA may recommend to the Secretary of State [F48, or which the Secretary of State may decide to make other than in accordance with a recommendation,] by virtue of regulations under sub-paragraph (6) may take the form of one or more of the following—

(a)increasing the amount of the quota;

(b)varying the allocation of the quota;

(c)reducing the rates of import duty that apply to goods subject to the quota;

(d)reducing the part of the period for which the amount of the quota is lower or for which import duty at a higher rate applies (so that the amount of the quota is increased, or import duty applies at a lower rate, more quickly);

(e)varying the period for which goods are subject to the quota (including extending it beyond the period referred to in paragraph 18(2)(b)).

(10)Where, by virtue of provision made under sub-paragraph (6), the Secretary of State [F49decides] that, for the first time, a definitive safeguarding amount should be applicable to goods or goods should be subject to a tariff rate quota, the Secretary of State—

(a)must publish notice of the [F50decision],

(b)must notify interested parties accordingly, and

(c)is required under section 13 to make provision by public notice to give effect to the [F51decision].

Textual Amendments

Commencement Information

I21Sch. 5 para. 21 in force at 4.3.2019 at 11:59 a.m. by S.I. 2019/429, reg. 2 (with regs. 4-9)

Variation or revocation following an international dispute decisionU.K.

22(1)Regulations may make provision for or in connection with—U.K.

(a)the TRA recommending to the Secretary of State that the application of a definitive safeguarding amount to goods, or a tariff rate quota to which goods are subject, should be varied or revoked in light of an international dispute decision, and

(b)[F52the Secretary of State’s powers in relation to] such a recommendation.

(2)The regulations may, among other things—

(a)provide for the TRA to investigate certain matters for the purposes of determining whether to make a recommendation to the Secretary of State and what to recommend;

(b)make provision about the conduct of such an investigation;

(c)provide for the suspension, by public notice given by the Secretary of State, of the application of a definitive safeguarding amount or the making of goods subject to a tariff rate quota.

[F53(d)make provision corresponding or similar to any provision made by or under this Schedule in relation to safeguarding investigations, including any of the powers or duties of the TRA or the Secretary of State in respect of those investigations and any recommendations or decisions resulting from them;

(e)make provision conferring functions (including functions involving the exercise of a discretion) on the Secretary of State or the TRA.]

(3)Paragraph 10(2) of Schedule 4 applies to regulations made by virtue of sub-paragraph (2)(b) in relation to such an investigation as it applies to regulations under paragraph 10(1) of that Schedule in relation to a dumping or a subsidisation investigation.

(4)Where, by virtue of provision made under the regulations, the Secretary of State [F54decides] that the application of a definitive safeguarding amount to goods, or a tariff rate quota to which goods are subject, should be varied or revoked, the Secretary of State—

(a)must publish notice of the [F55decision],

(b)must notify interested parties (see paragraph 31(3)) accordingly, and

(c)is required under section 13 to make provision by public notice to give effect to the [F56decision].

(5)Paragraph 21(8) and (9) apply for the purposes of regulations under this paragraph as they apply for the purposes of regulations under paragraph 21(6).

(6)An “international dispute decision” means—

(a)a report of a panel or Appellate Body that is adopted by the Dispute Settlement Body of the WTO, or

(b)if not within paragraph (a), a decision under the dispute settlement procedures of an arrangement relating to trade to which Her Majesty's government in the United Kingdom is a party with the government of a foreign country or territory.

Textual Amendments

Commencement Information

I22Sch. 5 para. 22 in force at 30.1.2020 by S.I. 2020/97, reg. 3 (with Sch. para. 2)

[F57Revocation in the public interestU.K.

Textual Amendments

22A(1)The Secretary of State may decide that the application of a definitive safeguarding amount to goods, or a tariff rate quota to which goods are subject, is to be revoked in the absence of a recommendation from the TRA where the Secretary of State considers that revocation is in the public interest.U.K.

(2)Before making a decision under sub-paragraph (1) the Secretary of State must consult such persons as the Secretary of State considers appropriate.

(3)Where the Secretary of State makes a decision under sub-paragraph (1), the Secretary of State—

(a)must publish notice of the decision,

(b)must notify interested parties (see paragraph 31(3)) accordingly,

(c)must lay a statement before the House of Commons setting out the reasons for making the decision, and

(d)is required under section 13 to make provision by public notice to give effect to the decision.]

[F58Power to request assistance etcU.K.

Textual Amendments

22B(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 any of the following—U.K.

(a)paragraphs 14(2C) and 15(2C) (decisions to adopt a provisional remedy other than in accordance with a recommendation);

(b)paragraphs 19(2C) and 20(2C) (decisions to adopt a final remedy other than in accordance with a recommendation);

(c)paragraph 22A(1) (decision to revoke a final remedy in the absence of a recommendation).

(2)The Secretary of State may include in a request under sub-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 sub-paragraph (1), the Secretary of State must consult the TRA.

(4)The TRA must comply with a request under sub-paragraph (1).]

PART 5U.K.Supplementary

The economic interest testU.K.

23(1)This paragraph applies if the TRA or the Secretary of State is considering, for the purposes of this Schedule, whether the TRA or the Secretary of State is satisfied that the application of a safeguarding remedy meets or does not meet the economic interest test.U.K.

(2)The economic interest test is met in relation to the application of a safeguarding remedy if the application of the remedy is in the economic interest of the United Kingdom.

(3)When considering whether or not the application of a safeguarding remedy is in the economic interest of the United Kingdom, the TRA or the Secretary of State must—

(a)take account of the following so far as relevant—

(i)the serious injury caused by the importation of the goods in increased quantities to UK producers of those goods and the benefits to those UK producers in removing that injury,

(ii)the economic significance of affected industries and consumers in the United Kingdom,

(iii)the likely impact on affected industries and consumers in the United Kingdom,

(iv)the likely impact on particular geographic areas, or particular groups, in the United Kingdom, and

(v)the likely consequences for the competitive environment, and for the structure of markets for goods, in the United Kingdom, and

(b)take account of such other matters as the TRA or, as the case may be, the Secretary of State considers relevant.

(4)In this paragraph—

(a)references to the application of a safeguarding remedy are to—

(i)applying a provisional safeguarding amount or a definitive safeguarding amount to goods, or

(ii)making goods subject to a provisional tariff rate quota or a tariff rate quota;

(b)“affected industries and consumers” means industries and consumers that would be affected if the safeguarding remedy were, or were not, to be applied;

(c)“industries” includes—

(i)the UK producers referred to in sub-paragraph (3)(a)(i) and other producers of goods,

(ii)suppliers of goods or services, and

(iii)importers, distributors and retailers of goods;

(d)“consumers” includes users of goods or services.

Commencement Information

I23Sch. 5 para. 23 in force at 4.3.2019 at 11:59 a.m. by S.I. 2019/429, reg. 2 (with regs. 4-9)

Suspension of safeguarding remediesU.K.

24(1)Regulations may make provision for or in connection with—U.K.

(a)the TRA recommending to the Secretary of State that the application of a safeguarding remedy should be suspended, and

(b)[F59the Secretary of State’s powers in relation to] such a recommendation.

(2)The regulations must secure that the TRA may make such a recommendation to the Secretary of State only if the TRA is satisfied that market conditions have temporarily changed such that the serious injury caused to UK producers of the goods would be unlikely to recur as a result of the suspension.

(3)Regulations may make provision for the purposes of sub-paragraph (2) about what constitutes or does not constitute “market conditions” or a temporary change in such conditions.

(4)Regulations under sub-paragraph (1) may, among other things, make—

(a)provision for the TRA to investigate certain matters;

(b)provision about the conduct of such an investigation;

(c)provision about the period for which a suspension may have effect;

(d)provision about whether that period counts towards the period for which the suspended remedy applies.

[F60(e)provision corresponding or similar to any provision made by or under this Schedule in relation to a safeguarding investigation, including any of the powers or duties of the TRA or the Secretary of State in respect of those investigations and any recommendations or decisions resulting from them;

(f)provision conferring functions (including functions involving the exercise of a discretion) on the Secretary of State or the TRA.]

(5)Paragraph 10(2) of Schedule 4 applies to regulations made by virtue of sub-paragraph (4)(b) in relation to an investigation as it applies to regulations under paragraph 10(1) of that Schedule in relation to a dumping or a subsidisation investigation.

(6)Where, by virtue of provision made under sub-paragraph (1), the Secretary of State [F61decides] that the application of a safeguarding remedy should be suspended, the Secretary of State—

(a)must publish notice of the [F62decision],

(b)must notify interested parties (see paragraph 31(3)) accordingly, and

(c)is required under section 13 to make provision by public notice to give effect to the [F63decision].

(7)References in this paragraph to the application of a safeguarding remedy have the same meaning as in paragraph 23.

Textual Amendments

Commencement Information

I24Sch. 5 para. 24 in force at 4.3.2019 at 11:59 a.m. by S.I. 2019/429, reg. 2 (with regs. 4-9)

ExceptionsU.K.

25(1)For the purpose of giving effect to arrangements between Her Majesty's government in the United Kingdom and the government of a foreign country or territory, regulations may make provision excepting goods originating from a specified foreign country or territory from the application of this Schedule, or from specified provision made by or under it.U.K.

(2)Regulations may make provision requiring goods originating from a specified foreign country or territory or description of foreign country or territory to be excepted from the goods in relation to which the TRA may make a recommendation under provision made by or under this Schedule.

Commencement Information

I25Sch. 5 para. 25 in force at 4.3.2019 at 11:59 a.m. by S.I. 2019/429, reg. 2 (with regs. 4-9)

Restrictions on successive safeguarding remediesU.K.

26(1)This paragraph applies if—U.K.

(a)the TRA makes a recommendation under paragraph 16(3) that a definitive safeguarding amount should be applicable to goods or that goods should be subject to a tariff rate quota, and

(b)a definitive safeguarding amount has previously been applied to those goods, or they have previously been subject to a tariff rate quota, as a result of an earlier recommendation made by the TRA under that paragraph.

(2)In this paragraph, references to the “previous safeguarding remedy”, in relation to goods, are to—

(a)the most recent application of a definitive safeguarding amount to the goods, or

(b)the tariff rate quota to which the goods were most recently subject.

(3)The Secretary of State may not accept the recommendation if the period for which a definitive safeguarding amount would be applicable to the goods, or for which the goods would be subject to a tariff rate quota, would (by virtue of paragraph 17(2)(c) or 18(2)(c)) begin before the end of the restricted period.

(4)The restricted period means—

(a)such period, beginning with the day after the date on which the period of the previous safeguarding remedy ended, as is equal to the period of that previous safeguarding remedy, or

(b)if it would result in a period of a greater length than the period referred to in paragraph (a), the period of two years beginning with the day after the date on which the period of the previous safeguarding remedy ended.

(5)Sub-paragraph (3) does not prevent the Secretary of State from accepting the recommendation if—

(a)the specified period referred to in paragraph 16(3)(a) or, as the case may be, paragraph 16(3)(b) (“the recommended period”) does not exceed 180 days,

(b)the date on which the period of the previous safeguarding remedy began is at least 1 year before the date on which the recommended period would (by virtue of paragraph 17(2)(c) or 18(2)(c)) begin, and

(c)no more than 2 notices have been published under paragraph 19(4)(a) or 20(4)(a) in relation to the goods in the period of 5 years ending with the day before the date on which the recommended period would begin.

Commencement Information

I26Sch. 5 para. 26 in force at 4.3.2019 at 11:59 a.m. by S.I. 2019/429, reg. 2 (with regs. 4-9)

Interaction with anti-dumping remedies and anti-subsidy remediesU.K.

27U.K.In determining for the purposes of any provision of this Schedule, or of regulations made under it, what is necessary to prevent or remove serious injury to UK producers of particular goods, the TRA must take account of—

(a)any requirement to give a guarantee in respect of the goods which applies under paragraph 15 of Schedule 4,

(b)any application of an anti-dumping amount or a countervailing amount to the goods under section 13, and

(c)any undertaking which has been accepted in respect of the goods under provision made by or under Part 5 of Schedule 4.

Commencement Information

I27Sch. 5 para. 27 in force at 4.3.2019 at 11:59 a.m. by S.I. 2019/429, reg. 2 (with regs. 4-9)

Investigations regarding repaymentsU.K.

28(1)Regulations may provide for the TRA to investigate specified matters for the purpose of determining whether—U.K.

(a)a repayment of a provisional safeguarding amount or a definitive safeguarding amount,

(b)the repayment of an amount of import duty charged by virtue of provision made under section 13 in respect of goods which are subject to a provisional tariff rate quota or a tariff rate quota, or

(c)the repayment of interest paid in respect of any such amounts,

should be made under regulations made under paragraph 10 of Schedule 6.

(2)The regulations may make provision about the conduct of any such investigation.

(3)Paragraph 10(2) of Schedule 4 applies to those regulations in relation to such an investigation as it applies to regulations under paragraph 10(1) of that Schedule in relation to a dumping or a subsidisation investigation.

Commencement Information

I28Sch. 5 para. 28 in force at 4.3.2019 at 11:59 a.m. by S.I. 2019/429, reg. 2 (with regs. 4-9)

Reconsideration, reviews and appealsU.K.

29U.K.Regulations may make provision for or in connection with—

(a)the reconsideration by the TRA of decisions made by the TRA under provision made by or under this Schedule, and

(b)the review or appeal of decisions made by the TRA or the Secretary of State under provision made by or under this Schedule.

Commencement Information

I29Sch. 5 para. 29 in force at 7.5.2019 at 11:59 p.m. by S.I. 2019/914, reg. 2 (with reg. 3, Sch. para. 2)

NoticesU.K.

30(1)Where a notice is required to be published or given by a provision made by or under this Schedule, regulations may make provision about—U.K.

(a)the form of the notice;

(b)its content;

(c)the manner of publication;

(d)the means by which it is given;

(e)the time or date on which it is published or given or is to be treated as published or given.

(2)Such regulations may, among other things, provide—

(a)for some of the content of the notice to be contained in a separate report to which the notice refers, and

(b)for that report to be published or for it to be given, or otherwise made available to, the persons to whom the notice is required to be given.

(3)The provision made by regulations under this paragraph about the content of a notice is in addition to any such provision made by or under any other provision of this Schedule.

(4)Sub-paragraph (1)(c) does not apply to a public notice under provision made under paragraph 22(2)(c) (see section 37(5)).

Commencement Information

I30Sch. 5 para. 30 in force at 4.3.2019 at 11:59 a.m. by S.I. 2019/429, reg. 2 (with regs. 4-9)

InterpretationU.K.

31(1)In this Schedule—U.K.

(2)References in this Schedule to the economic interest test are to be construed in accordance with paragraph 23.

(3)References in a provision of this Schedule to “interested parties” means the governments of such foreign countries or territories, or such other persons, as may be specified in regulations made under this sub-paragraph for the purposes of the provision in question.

Commencement Information

I31Sch. 5 para. 31 in force at 4.3.2019 at 11:59 a.m. by S.I. 2019/429, reg. 2 (with regs. 4-9)