SCHEDULES

SCHEDULE 5Increase in imports causing serious injury to UK producers

PART 2Safeguarding investigations

Initiation of a safeguarding investigation

I17

1

The TRA may initiate a safeguarding investigation in relation to goods only if—

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).

F14A

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 F4notify 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.

F26A

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.

F38

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.