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Paragraph 20A F1

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

This paragraph applies where the Secretary of State rejects a recommendation under paragraph 20.

(2)

If the Secretary of State considers that it is in the public interest to do so, the Secretary of State may decide to apply an anti-dumping amount or a countervailing amount in relation to relevant goods or descriptions of relevant goods to which the TRA’s recommendation related, other than in accordance with the recommendation.

(3)

But the Secretary of State may make a decision under sub-paragraph (2) only if a recommendation under paragraph 17(3) or (4) to the same effect as the decision (ignoring any restrictions in paragraph 17 on the ability of the TRA to make such a recommendation) would have complied with the requirements set out in paragraph 18.

(4)

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

(a)

must publish notice of the decision,

(b)

must notify interested parties (see paragraph 32(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.

Annotations

Textual amendments

F1

Sch. 4 para. 20A and cross-heading 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. 4(6), 17(1); S.I. 2023/918, reg. 2 (with reg. 3)

Notes on Schedule 4

Modifications

C1

Sch. 4 applied (6.3.2019) by The Trade Remedies (Dumping and Subsidisation) (EU Exit) Regulations 2019 (S.I. 2019/450), regs. 1(2), 97(1) (with Pt. 13) (as amended (23.7.2019) by The Trade Remedies (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/1076), regs. 1, 11(2))