# Taxation (Cross-border Trade) Act 2018, Paragraph 6: Provisional affirmative determinations and final affirmative or negative determinations

Extent: E+W+S+N.I.

Paragraph 9 of Schedule 5 (provisional affirmative determinations and final affirmative or negative determinations) is to be read as if—
(a) in sub-paragraph (1)—
(i) the “and” at the end of paragraph (a) were omitted;
(ii) after that paragraph there were inserted—
“(aa) the importation of the goods in increased quantities was or is being caused by the reduction or elimination of import duty as a result of the relevant free trade agreement, and”;
(b) sub-paragraph (3) were omitted;
(c) for sub-paragraph (7) there were substituted—
“(7) Where the TRA makes a final negative determination or final negative determinations under sub-paragraph (4)—
(a) the TRA must notify the Secretary of State of the determination or determinations;
(b) the Secretary of State must notify interested parties (see paragraph 31(3)) that the Secretary of State will not apply a bilateral safeguarding remedy to the goods;
(c) the Secretary of State may produce and publish a report or update in relation to the investigation;
(d) the Secretary of State may request that the TRA produces a report or update in relation to the investigation.
(8) Where the Secretary of State makes a request under sub-paragraph (7)(d)—
(a) the TRA must produce a report or update (as the case may be) in accordance with the request, and
(b) the Secretary of State may publish the report or update (as the case may be).”.

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Source: https://www.legislation.gov.uk/ukpga/2018/22/schedule/5A/paragraph/6 (the official version)
Page: https://openlegislation.uk/taxation-cross-border-trade-act-2018/schedule-5A/paragraph-6
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.