Regulation 76A Secretary of State’s power to apply an alternative remedyF1

(1)

This regulation applies where—

(a)

the TRA makes a recommendation under regulation 75(1)(a), (c) or (d); 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—

(a)

varied or applied, or the period of application of that amount extended, other than in accordance with the recommendation, subject to paragraph (3) where applicable; or

(b)

revoked.

(3)

Where the Secretary of State makes a decision under paragraph (2)(a) in respect of—

(a)

a recommendation made by the TRA following a determination by the TRA under regulation 69(11), the restriction in regulation 69(12) applies to the Secretary of State’s decision;

(b)

a recommendation made by the TRA following a determination by the TRA under regulation 72(7), the restriction in regulation 72(6) applies to the Secretary of State’s decision.

(4)

Where the Secretary of State makes a decision under paragraph (2), the Secretary of State may decide that the date from which any revocation or variation has effect is a date before the date of the decision by the Secretary of State.

(5)

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

(a)

the notice published by the Secretary of State under paragraph 21(7)(a) of Schedule 4 to the Act must contain the information set out in paragraph 3 of Schedule 3; and

(b)

the Secretary of State must lay a statement before the House of Commons setting out the reasons for the decision.

Annotations

Textual amendments

F1: Regs. 76A, 76B inserted (23.5.2024) by The Trade Remedies (Amendment) Regulations 2024 (S.I. 2024/545), regs. 1(2), 19 (with reg. 2)