Regulation 101D Secretary of State’s power to apply an alternative remedyF1

(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.

Annotations

Textual amendments

F1: Regs. 101D, 101E inserted (23.5.2024) by The Trade Remedies (Amendment) Regulations 2024 (S.I. 2024/545), regs. 1(2), 35 (with reg. 2)

Notes on Part 12

Textual amendments

F1: Pt. 12 substituted (23.7.2019) by The Trade Remedies (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/1076), regs. 1, 10

Notes on Chapter 4

Textual amendments

F1: Pt. 12 substituted (23.7.2019) by The Trade Remedies (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/1076), regs. 1, 10

Notes on Decision

Textual amendments

F1: Pt. 12 substituted (23.7.2019) by The Trade Remedies (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/1076), regs. 1, 10