The Trade Remedies (Amendment) Regulations 2024
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Change 1
12 Amendment of regulation 70 (expiry review)
In regulation 70— (a) in paragraph (9), for the words after “regulation 76” to the end, substitute “(powers of the Secretary of State in relation to the TRA’s recommendation) or made a decision under regulation 76A (Secretary of State’s power to apply an alternative remedy)”; (b) after paragraph (11), insert— (11A) Where the TRA proposes to make a determination under paragraph (11)(a) the TRA must notify the Secretary of State of its proposed determination. (11B) Where the Secretary of State has been notified in accordance with paragraph (11A), the Secretary of State may, within the relevant period (and subject to paragraph (11C)), request that the TRA reassess its proposed determination by reference to any matter specified in the request. (11C) The Secretary of State may only make a request under paragraph (11B) where the Secretary of State considers that— (a) there is information that the TRA did not take into account in its review 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. (11D) The TRA must comply with a request under paragraph (11B). (11E) The TRA may not make its proposed determination 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 (11B), the time when the TRA receives that information. (11F) For the purposes of paragraphs (11B) and (11E), 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. (11G) Where the TRA makes a determination under paragraph (11)(a) after the date on which the application of the relevant anti-dumping amount or countervailing amount would, but for paragraph (9), have ended as set out in the original public notice under section 13 relating to the amount (the “original expiry date”)— (a) the Secretary of State must provide by public notice for the application of the relevant anti-dumping amount or countervailing amount to be treated as having ended on the original expiry date; and (b) a public notice under sub-paragraph (a) must contain the information set out in paragraph 1A of Schedule 3. ; (c) in paragraph (12), for the words from “may make” to “meets” substitute “must conduct”.
12 Amendment of regulation 70 (expiry review)
In regulation 70— (a) in paragraph (9), for the words after “regulation 76” to the end, substitute “(powers of the Secretary of State in relation to the TRA’s recommendation) or made a decision under regulation 76A (Secretary of State’s power to apply an alternative remedy)”; (b) after paragraph (11), insert— (11A) Where the TRA proposes to make a determination under paragraph (11)(a) the TRA must notify the Secretary of State of its proposed determination. (11B) Where the Secretary of State has been notified in accordance with paragraph (11A), the Secretary of State may, within the relevant period (and subject to paragraph (11C)), request that the TRA reassess its proposed determination by reference to any matter specified in the request. (11C) The Secretary of State may only make a request under paragraph (11B) where the Secretary of State considers that— (a) there is information that the TRA did not take into account in its review 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. (11D) The TRA must comply with a request under paragraph (11B). (11E) The TRA may not make its proposed determination 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 (11B), the time when the TRA receives that information. (11F) For the purposes of paragraphs (11B) and (11E), 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. (11G) Where the TRA makes a determination under paragraph (11)(a) after the date on which the application of the relevant anti-dumping amount or countervailing amount would, but for paragraph (9), have ended as set out in the original public notice under section 13 relating to the amount (the “original expiry date”)— (a) the Secretary of State must provide by public notice for the application of the relevant anti-dumping amount or countervailing amount to be treated as having ended on the original expiry date; and (b) a public notice under sub-paragraph (a) must contain the information set out in paragraph 1A of Schedule 3. ; (c) in paragraph (12), for the words from “may make” to “meets” substitute “must conduct”.
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