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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42 Determination to maintain
(1) This regulation applies if the TRA proposes to determine that the application to goods of a definitive bilateral safeguarding remedy should be maintained. (2) Where the TRA proposes to make a determination referred to in paragraph (1) the TRA must notify the Secretary of State of its proposed determination. (3) Where the Secretary of State has been notified in accordance with paragraph (2), the Secretary of State may, within the relevant period (and subject to paragraph (4)), request that the TRA reassess its proposed determination by reference to any matter specified in the request. (4) The Secretary of State may only make a request under paragraph (3) where the Secretary of State considers that— (a) there is information that the TRA did not take into account in its investigation that is relevant to the proposed determination, (b) the TRA has made an error in relation to its proposed determination, or (c) exceptional circumstances make the request appropriate. (5) The TRA must comply with a request under paragraph (3). (6) The TRA may not make a determination that the application to goods of a definitive bilateral safeguarding remedy should be maintained until— (a) the relevant period has ended, or (b) if the Secretary of State informs the TRA within the relevant period that the Secretary of State will not make a request under paragraph (3), the time when the TRA receives that information. (7) For the purposes of paragraphs (3) and (6), the “relevant period” is the period of 21 days beginning with the day on which the TRA notifies the Secretary of State that it proposes to make the determination in question. (8) If the TRA determines that the application to goods of a definitive bilateral safeguarding remedy should be maintained, the TRA must notify the Secretary of State of the determination. (9) The notice must contain the information set out in paragraph 15 of Schedule 1. (10) The Secretary of State must notify interested parties that no change will be made to the definitive bilateral safeguarding remedy.
42 Determination to maintain
(1) This regulation applies if the TRA proposes to determine that the application to goods of a definitive bilateral safeguarding remedy should be maintained. (2) Where the TRA proposes to make a determination referred to in paragraph (1) the TRA must notify the Secretary of State of its proposed determination. (3) Where the Secretary of State has been notified in accordance with paragraph (2), the Secretary of State may, within the relevant period (and subject to paragraph (4)), request that the TRA reassess its proposed determination by reference to any matter specified in the request. (4) The Secretary of State may only make a request under paragraph (3) where the Secretary of State considers that— (a) there is information that the TRA did not take into account in its investigation that is relevant to the proposed determination, (b) the TRA has made an error in relation to its proposed determination, or (c) exceptional circumstances make the request appropriate. (5) The TRA must comply with a request under paragraph (3). (6) The TRA may not make a determination that the application to goods of a definitive bilateral safeguarding remedy should be maintained until— (a) the relevant period has ended, or (b) if the Secretary of State informs the TRA within the relevant period that the Secretary of State will not make a request under paragraph (3), the time when the TRA receives that information. (7) For the purposes of paragraphs (3) and (6), the “relevant period” is the period of 21 days beginning with the day on which the TRA notifies the Secretary of State that it proposes to make the determination in question. (8) If the TRA determines that the application to goods of a definitive bilateral safeguarding remedy should be maintained, the TRA must notify the Secretary of State of the determination. (9) The notice must contain the information set out in paragraph 15 of Schedule 1. (10) The Secretary of State must notify interested parties that no change will be made to the definitive bilateral safeguarding remedy.
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