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The Trade Remedies (Increase in Imports as a Result of a Free Trade Agreement Causing Serious Injury to UK Producers) Regulations 2024

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As published

14 Revision of scope of a bilateral safeguarding investigation

(1) This regulation applies after the TRA has published a notice of the initiation of a bilateral safeguarding investigation (the “notice of initiation”) in accordance with paragraph 7(6)(b) of Schedule 5 to the Act. (2) Subject to paragraph (3), the TRA must not revise the scope of a bilateral safeguarding investigation. (3) The TRA may, if the Secretary of State agrees, revise the scope of a bilateral safeguarding investigation so as to amend— (a) the description of the goods concerned, or (b) the period of investigation, where it has provided the Secretary of State, interested parties and contributors with reasons for the proposed revision and has given them an opportunity to comment. (4) In determining whether to revise the scope of a bilateral safeguarding investigation under paragraph (3), the TRA must consider— (a) whether the proposed revision may cause any prejudice to the interests of any interested party or contributor, (b) whether the proposed revision will prevent the TRA from proceeding with the bilateral safeguarding investigation expeditiously, and (c) any other matter the TRA considers relevant. (5) Where the TRA has made a determination under this regulation to revise the scope of the bilateral safeguarding investigation, it must advise the Secretary of State of that determination. (6) The Secretary of State must advise the TRA whether or not the Secretary of State accepts the determination referred to in paragraph (5) (“the TRA determination”). (7) If the Secretary of State accepts the TRA determination, the TRA must publish an amended notice of initiation. (8) If the Secretary of State does not accept the TRA determination, the TRA must not revise the scope of the bilateral safeguarding investigation.

Your change, as a redline

14 Revision of scope of a bilateral safeguarding investigation

(1) This regulation applies after the TRA has published a notice of the initiation of a bilateral safeguarding investigation (the “notice of initiation”) in accordance with paragraph 7(6)(b) of Schedule 5 to the Act. (2) Subject to paragraph (3), the TRA must not revise the scope of a bilateral safeguarding investigation. (3) The TRA may, if the Secretary of State agrees, revise the scope of a bilateral safeguarding investigation so as to amend— (a) the description of the goods concerned, or (b) the period of investigation, where it has provided the Secretary of State, interested parties and contributors with reasons for the proposed revision and has given them an opportunity to comment. (4) In determining whether to revise the scope of a bilateral safeguarding investigation under paragraph (3), the TRA must consider— (a) whether the proposed revision may cause any prejudice to the interests of any interested party or contributor, (b) whether the proposed revision will prevent the TRA from proceeding with the bilateral safeguarding investigation expeditiously, and (c) any other matter the TRA considers relevant. (5) Where the TRA has made a determination under this regulation to revise the scope of the bilateral safeguarding investigation, it must advise the Secretary of State of that determination. (6) The Secretary of State must advise the TRA whether or not the Secretary of State accepts the determination referred to in paragraph (5) (“the TRA determination”). (7) If the Secretary of State accepts the TRA determination, the TRA must publish an amended notice of initiation. (8) If the Secretary of State does not accept the TRA determination, the TRA must not revise the scope of the bilateral safeguarding investigation.

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