The Trade Remedies (Amendment) Regulations 2024

Amendment of regulation 101 (decision on recommendation following transition review)

33.  In regulation 101—

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

(b) for paragraph (1) substitute—

“(1) The Secretary of State must—

(a) accept or reject the recommendation made under regulation 100(1); or

(b) request that the TRA reassess its recommendation, by reference to any matters specified in the request, with a view to amending or replacing the recommendation.”;

(c) after paragraph (1), insert—

“(1A) The Secretary of State may reject the recommendation only if the Secretary of State is satisfied that it is not in the public interest to accept it.

(1B) Where the Secretary of State accepts a recommendation which contains options given in reliance on paragraph 100(1A), the Secretary of State must decide which of those options to adopt.”;

(d) for paragraph (2), substitute—

“(2) In considering what action to take under paragraph (1), the Secretary of State must have regard to the TRA’s advice on whether the application of an anti-dumping amount or a countervailing amount to goods in accordance with the recommendation, or in accordance with each option, as the case may be, would meet the economic interest test.”;

(e) after paragraph 2, insert—

“(2A) 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 review 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.

(2B) Before making a request under paragraph (1)(b), the Secretary of State must consult the TRA.

(2C) 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.”;

(f) omit paragraph (3).