Regulation 35 Insertion of regulations 101D and 101E

After regulation 101C and before Part 13, insert—

“Secretary of State’s power to apply an alternative remedy

101D

(1)

This regulation applies where—

(a)

the TRA makes a recommendation under regulation 100(1) to vary the application of the anti-dumping amount or the countervailing amount; and

(b)

the Secretary of State rejects the recommendation.

(2)

If the Secretary of State considers that it is in the public interest to do so, the Secretary of State may decide that the application of the anti-dumping amount or countervailing amount should be varied other than in accordance with the recommendation, or revoked.

(3)

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

(a)

publish notice of the decision;

(b)

notify interested parties accordingly; and

(c)

lay a statement before the House of Commons setting out the reasons for making the decision.

(4)

A notice made under paragraph (3)(a) must—

(a)

contain the information set out in regulation 101A(2)(a)(i) to (iii);

(b)

where applicable, specify—

(i)

the reason for rejecting the recommendation and for applying the alternative anti-dumping or countervailing amount;

(ii)

the alternative anti-dumping or countervailing amount;

(iii)

the period beginning on the appropriate date for which the anti-dumping or countervailing amount is to apply to those goods.

Power to request assistance etc. from TRA

101E

(1)

The Secretary of State may request that the TRA give advice, information or other support to the Secretary of State for the purpose of allowing the Secretary of State to decide whether to make a decision under regulation 101D(2).

(2)

The Secretary of State may include in a request under paragraph (1) a requirement that the TRA investigate and provide a report on any matter specified in the request.

(3)

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

(4)

The TRA must comply with a request under paragraph (1).”.