Paragraph 21 Modifications to Part 4 (definitive remedies: definitive safeguarding amount & tariff rate quotas)

for the heading of that paragraph, there were substituted—

“Secretary of State’s power to make a preliminary decision regarding the application of a definitive safeguarding amount or tariff rate quota”; and

for that paragraph, there were substituted—

“16.

(1)

 This paragraph applies where the Secretary of State makes a final affirmative determination in relation to goods which are the subject of a safeguarding investigation.

(2)

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

(3)

The Secretary of State may make a preliminary decision —

(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 Secretary of State makes a preliminary decision under sub-paragraph (3)(a) in relation to relevant goods the Secretary of State must, as part of the decision, make a preliminary decision regarding the definitive safeguarding amount that should be applicable to those goods.

(5)

The Secretary of State may make a preliminary decision under sub-paragraph (3) only if the Secretary of State is satisfied that—

(a)

applying a definitive safeguarding amount to relevant goods, or making relevant goods subject to a tariff rate quota, in accordance with the preliminary decision meets the economic interest test (see paragraph 23), and

(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—

(a)

in the case of an application under paragraph 7(1)(a)(i), the Secretary of State 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, or

(b)

in the case of a decision under paragraph 7(1)(a)(ii), the Secretary of State has waived the requirement for a preliminary adjustment plan to be prepared.

(7)

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

(8)

The Secretary of State may only make a preliminary decision under one or other of paragraphs (a) and (b) of sub-paragraph (3) in relation to any particular relevant good.

(9)

The Secretary of State may make a preliminary decision under paragraph (a) or (b) of sub-paragraph (3) in relation to specified relevant goods (rather than all the relevant goods) only if the preliminary decisions which the Secretary of State makes under that sub-paragraph, when taken together, cover all the relevant goods.

(10)

If the Secretary of State determines that there are one or more preliminary decisions which the Secretary of State could make under sub-paragraph (3) in relation to all the relevant goods, or that there are one or more preliminary decisions which the Secretary of State could make in relation to specified relevant goods, the Secretary of State must make that preliminary decision or one of those preliminary decisions (subject to sub-paragraphs (8) and (9)).

(11)

If the Secretary of State determines that there is no preliminary decision which the Secretary of State could make under sub-paragraph (3) the Secretary of State must—

(a)

publish notice of the final affirmative determination in relation to the goods,

(b)

publish notice of the determination that there is no preliminary decision which the Secretary of State could make under sub-paragraph (3), and

(c)

notify interested parties (see paragraph 31(3)) accordingly.”.