  
  
G/SG/N/1/GBR/1/Suppl.2  
6 February 2020  
(20-0931) Page: 1/46 
Committee on Safeguards  Original:  English  
 
  
NOTIFICATION OF LAWS AND REGULATIONS UNDER  
ARTICLE 12.6 OF THE AGREEMENT  
UNITED KINGDOM  
Supplement  
The following notification, dated 5 February 2020 , is being circulated at the request of the delegation 
of the United Kingdom . 
 
_______________  
 
 
SAFEGUARDS REGULATIO NS 
STATUTORY INSTRUMENT S 
2019 No. 449  
EXITING THE EUROPEAN UNION  
CUSTOMS  
THE TRADE REMEDIES ( INCREASE IN IMPORTS CAUSING SERIOUS INJU RY  
TO UK PRODUCERS) (EU  EXIT) REGULATIONS 2 019 
Made  - - - - at 5.04 p.m. on 4th March 2019  
Laid before the House of Commons  - - - - 5th March 2019  
Coming into force  - - - - 6th March 2019  
The Secretary of State for International Trade, in exercise of the powers conferred by sections 13, 
32(7) and (8), 51 and 56 of, and Schedule 5 to, the Taxation (Cross -border Trade) Act 2018( 1), 
makes the following Regulations.  
PART 1 INTRODUCTORY  
Citation, commencement and effect  
 1.—(1) These Regulations may be cited as the Trade Remedies (Increase in Imports Causing 
Serious Injury to UK Producers) (EU Exit) Regulations 2019.  G/SG/N/1/GBR/1/Suppl.2  
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   (2) These Regulations come into force on 6th March 2019.  
 (3) These Regulations have effect subject to the modifications in Part 10 until the TRA is 
established.  
 (4) Following the establishment of the T RA, any preliminary decision or determination made 
by the Secretary of State under Parts 6, 7 and 9 of these Regulations as modified by Part 10, has 
effect as though it were a recommendation made by the TRA under the corresponding unmodified 
provision.  
 (5) Following the establishment of the TRA, anything done (or having effect as if done) by the 
Secretary of State in pursuance of a transitional function has effect as if done by the TRA, so far as 
that is required for continuing its effect.  
 (6) Following t he establishment of the TRA, anything done (or having effect as if done) in 
relation to the Secretary of State in connection with a transitional function has effect as if done in 
relation to the TRA, so far as that is required for continuing its effect.  
 (7) If, on the establishment of the TRA, anything is in the process of being done by or in 
relation to the Secretary of State in connection with a transitional function, it may, following the 
establishment of the TRA, be continued by or in relation to the T RA. 
 (8) A "transitional function" is a function which —  
(a) is conferred on the Secretary of State by Part 10 of these Regulations;  
(b) corresponds to a function that will, following the establishment of the TRA, be exercisable by the 
TRA under Parts 2 to  9 of these Regulations; and  
(c) following the establishment of the TRA, will not be exercisable by the Secretary of State.  
Interpretation  
 2. In these Regulations —  
"the Act" means the Taxation (Cross -border) Trade Act 2018;  
"applicant UK producers" has t he meaning given by paragraph 7(1)(a)(i) of Schedule 5 to the Act;  
"application" means an application referred to in paragraph 7(1)(a) of Schedule 5 to the Act;  
"authentication visit" means a visit conducted by the TRA to any premises in the United Kingdom 
the principal purpose of which is to obtain information, verify information supplied to it or to facilitate 
the progress of an investigation;  
"contributor" means a person other than an interested party who has made themselves known to 
the TRA for t he purpose of participating in an investigation or a review;  
"definitive safeguarding remedy" means a definitive safeguarding amount or tariff rate quota 
referred to in Part 4 of Schedule 5 to the Act;  
"directly competitive goods" means goods produced in t he United Kingdom which are directly 
competitive with the goods identified, goods concerned or goods subject to review as appropriate;  
"extension review" has the meaning given by regulation  35 (extension review);  
"goods concerned" means the goods described  in the notice of initiation of an investigation (see 
paragraph 2 of the Schedule);  
"goods identified" means the goods in relation to which the applicant UK producers is requesting the 
TRA to conduct an investigation;  G/SG/N/1/GBR/1/Suppl.2  
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  "goods subject to review" means the go ods described in the notice of initiation of a review;  
"importer" of goods means a person liable to pay import duty in respect of the goods;  
"increased quantities" has the meaning given by paragraph 1 of Schedule 5 to the Act;  
"interested party" means —  
(a) a government of the relevant foreign country or territory;  
(b) an overseas exporter or importer of the goods concerned or the goods subject to review;  
(c) a trade or business association of producers, overseas exporters or importers of the goods 
concerne d or the goods subject to review;  
(d) a producer of the like goods or directly competitive goods in the United Kingdom; or  
(e) a trade or business association of UK producers of the like goods or directly competitive goods;  
"investigation" means a safeguar ding investigation;  
"mid-term review" has the meaning given by regulation  34 (mid-term review);  
"non-confidential summary" has the meaning given by regulation  16(6)(a) ; 
"overseas exporter" means a person outside of the United Kingdom that exports goods to the 
United  Kingdom;  
"pace of liberalisation" means the process by which a definitive safeguarding remedy or tariff rate 
quota becomes progressively smaller in accordance with paragraphs 17(4)(b) or 18(5)(b) of 
Schedule 5 to the Act;  
"period of inv estigation" has the meaning given by regulation 4 (increased quantities);  
"provisional safeguarding remedy" means a provisional safeguarding amount or provisional tariff 
rate quota referred to in Part 3 of Schedule 5 to the Act;  
"review applicant" means a person who applies to the TRA for the initiation of a review;  
"review application" means an application for a review made in accordance with Part 6;  
"statement of reasons" has the meaning given by regulation  16(6)(b) ; 
"UK producers" has the meaning given by paragraph 3(1) of Schedule 5 to the Act;  
"working day" means any day except a Saturday or Sunday, Christmas Day, Good Friday or a bank 
holiday under section 1 of the Banking and Financial Dealings Act 1971( 1). 
PART 2 INCREASED QUA NTITIES  
Purpose of Part 2  
 3. The TRA is to determine, for the purpose of an investigation, whether the goods concerned 
have been or are being imported into the  United Kingdom in increased quantities in accordance with 
this Part.  G/SG/N/1/GBR/1/Suppl.2  
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  Increased quantities  
 4.—(1) The TRA must assess whether the goods concerned have been or are being imported 
into the United Kingdom in increased quantities by reference to a period of t ime for which it 
determines that there is sufficient data available in order for it to make that assessment (the "period 
of investigation").  
 (2) In order to determine whether the goods concerned are imported into the United Kingdom 
in increased volumes fo r the purpose of paragraph 1(1)(a) of Schedule 5 to the Act, the TRA must 
consider whether there has been —  
(a) an absolute increase in the volume of the goods concerned imported into the United Kingdom; 
or 
(b) a relative increase in the volume of the goods concerned imported into the United Kingdom 
compared with the total domestic production in the United Kingdom of the like goods and directly 
competitive goods.  
 (3) When making a determination under paragraph (2), the TRA may take into account any 
information it considers relevant.  
 (4) Unless regulation 44 (other exception) applies, when making a determination under 
paragraph (2), the TRA must consider imports of the goods concerned from all foreign countries and 
territories.  
Significant increase in t he importation of the goods concerned  
 5.—(1) Where the TRA determines under regulation 4 (increased quantities) that there has 
been an increase in the volume of the goods concerned imported into the United Kingdom, the TRA 
must determine whether that incr ease is significant for the purpose of paragraph 1(1)(b) of 
Schedule  5 to the Act.  
 (2) For the purpose of paragraph (1), the TRA must consider —  
(a) the rate and volume of imports of the goods concerned into the United Kingdom;  
(b) regulation 6 (foreseeab ility); and  
(c) any other factors it considers relevant.  
Foreseeability  
 6.—(1) Pursuant to paragraph 1(2)(c) of Schedule 5 to the Act, the importation of the goods 
concerned in increased quantities into the United Kingdom was not foreseeable where the TRA  
considers that the increase is a result of unforeseen developments.  
 (2) In determining whether developments were unforeseen, the TRA may consider — 
(a) changes in patterns of demand for the goods concerned, like goods and directly competitive 
goods;  
(b) global overcapacity or increases in production capacity of the goods concerned;  
(c) economic or political crises; and  
(d) any other factors it considers relevant.  
 (3) Where the TRA determines that an increase in the importation of the goods concerned was 
foreseeable, that increase is not significant for the purpose of regulation  5 (significant increase in 
the importation of the goods concerned).  G/SG/N/1/GBR/1/Suppl.2  
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  PART 3 SERIOUS INJU RY AND CAUSATION  
Serious injury  
 7. Where the TRA has determined in accordance with paragraph 2 of Schedule 5 to the Act 
and Part 2 of these Regulations that the goods concerned have been or are being imported into the 
United Kingdom in increased quantitie s, it must consider whether those goods have caused or are 
causing serious injury to UK producers in accordance with this Part.  
Determination of serious injury  
 8.—(1) The TRA is to determine whether UK producers of the like goods and directly 
competitive goods have suffered or are suffering serious injury for the purpose of paragraph 6 of 
Schedule 5 to the Act in accordance with this regulation.  
 (2) A threat of significant overall impairment to the position of UK producers only arises where 
the TRA considers that threat to be clearly imminent.  
 (3) In order to determine whether UK producers have suffered or are suffering serious injury 
(see paragraph 2 of Schedule 5 to the Act), the TRA must assess all relevant economic factors having 
a bearing on UK  producers including —  
(a) the rate and volume of increase of the importation of the goods concerned into the United 
Kingdom, in absolute or relative terms;  
(b) the export capacity of the goods concerned in foreign countries or territories and the likeliho od 
that the capacity will be exported to the United Kingdom;  
(c) the share of the domestic market in the United Kingdom taken by the importation of the goods 
concerned in increased quantities;  
(d) changes in the UK producers' level of —  
 (i) sales;  
 (ii) productivity;  
 (iii) production;  
 (iv) capacity utilisation;  
 (v) profits and losses; and  
 (vi) employment.  
Causation and non -attribution  
 9.—(1) This regulation applies where the TRA is determining, for the purpose of regulation  8 
(determination of serious injury), whether or not serious injury has been or is being caused to UK 
producers by the importation of the goods concerned in increased quantities into the 
United  Kingdom.  
 (2) For the purpose of paragraph (1), the TRA may cons ider— 
(a) price effects of the importation of the goods concerned in increased quantities on the like goods 
and directly competitive goods in the United Kingdom, including the depression or suppression of 
price increases which would otherwise have occurred ; 
(b) volume effects of the importation of the goods concerned in increased quantities on the like 
goods and directly competitive goods in the United Kingdom; and  G/SG/N/1/GBR/1/Suppl.2  
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  (c) any other known factors that it considers relevant.  
 (3) The TRA must consider whether any known factors other than the importation of the goods 
concerned in increased quantities into the United Kingdom has caused or is causing serious injury 
to UK producers.  
 (4) The TRA must not attribute to the goods concerned injury caused by kno wn factors other 
than the importation of the goods concerned into the United Kingdom.  
PART 4 DETERMINATION  OF AN ADEQUATE AMOU NT TO  
PREVENT OR REMOVE SE RIOUS INJURY AND REM EDIES  
Determination and assessment of an adequate amount to prevent or remove serio us 
injury  
 10.—(1) For the purpose of paragraphs 12(4), 13(5), 17(4)(a) and 18(5)(a) of Schedule 5 to 
the Act, the TRA must determine a provisional safeguarding remedy or definitive safeguarding 
remedy (a "relevant remedy") in accordance with this Part.  
 (2) The TRA must determine the relevant remedy which it is satisfied is necessary to prevent 
or remove serious injury to UK producers of the like goods and directly competitive goods based on 
an assessment of the minimum increase in average import prices of  the goods concerned that would 
prevent or remove serious injury.  
 (3) In making that assessment, where relevant, the TRA must have regard to — 
(a) the weighted average price of the goods concerned imported into the United Kingdom; and  
(b) an assessment of the prices in the United Kingdom that UK producers of the like goods and 
directly competitive goods could have expected to achieve under normal conditions of competition 
in the absence of the importation of the goods concerned in increased qu antities into the 
United  Kingdom.  
 (4) Where the TRA determines that it is appropriate to recommend the imposition of a 
provisional tariff rate quota or tariff rate quota, in determining the level at which such tariff rate 
quota should be set, it must cons ider the desirability of maintaining, as far as possible, traditional 
trade flows.  
 (5) Paragraph (6) applies where — 
(a) a provisional safeguarding remedy is in force;  
(b) the TRA has been made aware of contracts concluded on normal terms and conditions be fore 
the entry into force of that provisional safeguarding remedy; and  
(c) the TRA determines that it is appropriate to recommend the imposition of a tariff rate quota.  
 (6) Where this paragraph applies, in determining the level at which the tariff rate qu ota should 
be set, the TRA must consider the volume of the goods concerned to be exported under the contracts 
referred to in paragraph (5)(b). G/SG/N/1/GBR/1/Suppl.2  
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  PART 5 INITIATION AN D CONDUCT OF AN INVE STIGATION  
CHAPTER 1 GENERAL PR OVISIONS AND THE USE  OF INFORMATION  
Purpose  of Part 5  
 11. Pursuant to paragraphs 7, 8 and 30 of Schedule 5 to the Act, the initiation and conduct 
of investigations are subject to this Part.  
General provisions  
 12.—(1) Subject to any contrary provision made in this Part, the TRA may do anything it 
considers appropriate in connection with the exercise of any of its functions in accordance with these 
Regulations.  
 (2) In particular , the TRA may — 
(a) consider information supplied to it by any person;  
(b) request that any person supply information to it;  
(c) set time limits for responses to its requests and vary such time limits;  
(d) specify the format or structure of responses to its requests;  
(e) accept information supplied to it outside any applicable time limit.  
Revision of scope of an investigation  
 13.—(1) This regulation applies after the TRA has published a notice of its determination to 
initiate an investigation in accordance with paragraph 7(6)(b) of Schedule 5 to the Act.  
 (2) Subject  to paragraph (3), the TRA must not revise t he scope of an investigation.  
 (3) The TRA may revise the scope of an investigation so as to amend — 
(a) the description of the goods concerned; or  
(b) the period of investigation,  
where it has provided 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 an investigation under paragraph (3), the 
TRA must consider — 
(a) the likelihood of it having determined to initiate an invest igation with the scope as set out in its 
proposed revision had the information available to it after the initiation of an investigation been set 
out in the application;  
(b) whether the proposed revision may cause any prejudice to the interests of any inter ested party 
or contributor; and  
(c) whether the proposed revision will prevent the TRA from proceeding with the investigation 
expeditiously.  
 (5) Where  the TRA has made a determination under this regulation to revise the scope of the 
investigation, it must  publish an amended notice of initiation.  G/SG/N/1/GBR/1/Suppl.2  
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  Deemed service  
 14. Any document submitted to the TRA is deemed to have been submitted on the earlier of — 
(a) the first working day after the day on which it is received by the TRA; or  
(b) the day on which the TRA issues an acknowledgement of receipt.  
Public file  
 15. The TRA must, in respect of every investigation, establish and maintain a file which is 
open to the public (a "public file") containing information, other than confidential information, which 
the TRA considers material to the investigation.  
 
Confidential information  
 16.—(1) Paragraph (3) applies where a person — 
(a) supplies information to the TRA in connection with the exercise by the TRA of any of its functions 
under the Act or these Regulations;  
(b) either — 
 (i) requests the TRA to treat that information as confidential on the grounds that that 
information is by its nature confidential; or  
 (ii) supplies that information to the TRA on a confidential basis;  
(c) demonstrates to the TRA good cause as to why the TRA must treat such information as 
confidential; and  
(d) submits — 
 (i) a non -confidential summary (see paragraph (6)(a)) of that information; or  
 (ii) in exceptional circumstances, a statement of reasons (see paragraph (6)(b)).  
 (2) For the purpose of paragraph (1)(b)(i), information that is  by its nature confidential 
includes information which, if disclosed, would — 
(a) be of significant competitive advantage to a competitor of the person supplying the information; 
or 
(b) have a significant adverse effect on — 
 (i) the person supplying the inf ormation; or  
 (ii) any person from whom the person supplying the information had acquired it.  
 (3) Where  this paragraph applies, the TRA must treat such information as confidential.  
 (4) The TRA may treat information as confidential where it is supplied to  it otherwise than in 
accordance with paragraph (1), and, where it does so, it must — 
(a) inform the person supplying the information that it intends to treat that information as 
confidential; and  G/SG/N/1/GBR/1/Suppl.2  
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  (b) request that that person submits a sufficiently detailed non -confidential summary of that 
information.  
 (5) The Secretary of State must treat as confidential the information supplied by the TRA 
under regulation  17(2)  which the TRA identifies as information that it is treating as confidentia l under 
this regulation.  
 (6) In this regulation — 
(a) a "non -confidential summary" in relation to information means a sufficiently detailed summary 
for the public file referred to in regulation 15 (public file) which would enable a person other than 
the TR A to have a reasonable understanding of — 
 (i) the substance of the information to which it relates; and  
 (ii) its potential relevance to the exercise of any function by the TRA under the Act or these 
Regulations;  
(b) a "statement of reasons" means a statement setting out the reasons of a person supplying 
information to the TRA as to why the TRA should treat that information as confidential and why 
summarisation of that information in accordance with this regulation is not possible.  
Permitted disclosur e 
 17.—(1) The TRA or the Secretary of State may disclose information which the TRA or the 
Secretary of State treats as confidential where such disclosure is — 
(a) made with the consent of the person supplying the information;  
(b) made for the purpose of co urt or tribunal proceedings in the United Kingdom relating to the 
exercise by the TRA or the Secretary of State of any functions under the Act or these Regulations;  
(c) made for the purpose of an international dispute relating to the exercise by the TRA or  the 
Secretary of State of any functions under the Act or these Regulations; or  
(d) required or permitted by any other enactment or rule of law.  
 (2) The TRA may disclose to the Secretary of State information that it is treating as confidential 
for the pur pose of the Secretary of State exercising functions under the Act or these Regulations.  
 (3) Where  the TRA or the Secretary of State has a discretion to make a disclosure under 
paragraph (1)(b), (c) or (d), the TRA or the Secretary of State must consider w hether such disclosure 
is likely to allow, or result in, such information being made available to a competitor of — 
(a) the person supplying that information; or  
(b) the person to which the information relates.  
 (4) In paragraph (1)(d), reference to an enactment includes an enactment comprised in, or 
in an instrument made under, an Act of the Scottish Parliament.  
The use of information and facts available to the TRA from secondary sources  
 18.—(1) This regulation applies in respect of the exercise by the  TRA of functions under the 
Act or these Regulations.  
 (2) The TRA must have regard to information supplied to it by an applicant UK producer, an 
interested party, a contributor or any other person from whom it has requested information, provided 
that the information — G/SG/N/1/GBR/1/Suppl.2  
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  (a) is verifiable;  
(b) has been appropriately submitted such that the TRA may use the information without undue 
difficulty;  
(c) has been supplied to it within any applicable time limit; and  
(d) where relevant, has been supplied to it in a form  that it has requested.  
 (3) The TRA must not have regard to oral statements referred to in regulation 28(4)  unless— 
(a) those statements are reproduced in writing; and  
(b) it has made the written reproductions available to interested parties and contribut ors. 
 (4) The TRA may disregard information which it treats as confidential (which it would otherwise 
have had regard to) where the person supplying that information has not supplied a non -confidential 
summary or a statement of reasons in accordance with regulat ion 16 (confidential information), 
unless it is satisfied from appropriate sources that such information is correct.  
 (5) The TRA may make a determination on the basis of information obtained from secondary 
sources, including  information supplied in an application, provided that it — 
(a) does so with special circumspection; and  
(b) where practicable, verifies such informat ion from independent sources, including but not limited 
to published price lists, official import statistics or customs returns and data pertaining to the 
relevant markets.  
Acceptance or rejection of information  
 19.—(1) Where a person has supplied informa tion to the TRA outside any applicable time 
limit, the TRA may accept such information where it considers that — 
(a) doing so would not significantly impede the progress of an investigation; or  
(b) it is appropriate to accept that information, having regard  to the potential significance of the 
information on any determination it may make and any explanation provided by that person as to 
why it should accept that information.  
 (2) Where  the TRA rejects information for any reason, it must publish its reasons f or rejection 
in the statement of intended final determination (see regulation 29) or, where such information is 
rejected after the statement of intended final determination has been published, in the final 
affirmative or final negative determination.  
Non-cooperation  
 20.—(1) Where the TRA determines that an interested party has failed to cooperate with an 
investigation or has otherwise significantly impeded the progress of an investigation (a "non -
cooperative party"), it may disregard the information suppli ed by that party.  
 (2) For the purpose of paragraph (1), the TRA must not determine that an interested party is 
a non -cooperative party where it — 
(a) determines that that interested party has acted to the best of their ability to cooperate with an 
investig ation; or  
(b) has accepted that compliance with any request for information to be supplied in a particular form 
would be unreasonably burdensome to that party.  G/SG/N/1/GBR/1/Suppl.2  
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  CHAPTER 2 INITIATION  OF AN INVESTIGATION  
Application  
 21.—(1) An application made by applicant UK producers must contain as much of the 
information listed in paragraph 1 of the Schedule as is reasonably available to them.  
 (2) An application referred to in paragraph (1) may contain such additional information as the 
applicant UK producers consider relevant.  
 (3) Where applicant UK producers, by notice in writing to the TRA, withdraw their application 
prior to the publication of the notice referred to in paragraph 7(6)(b) of Schedule 5 to the Act, the 
application is considered not to have be en made.  
Market share requirement  
 22. For the purpose of paragraph 7 of Schedule 5 to the Act, the market share requirement 
is met where the TRA is satisfied that UK producers' "share" of the market is — 
(a) at least 1  per cent .; or 
(b) such other higher s hare as the TRA considers appropriate taking into account the goods and the 
particular market for those goods.  
Assessment of an application  
 23.—(1) The TRA must examine the accuracy and adequacy of the information contained in, 
or supplied with, an application to determine whether it is sufficient to justify the initiation of an 
investigation under paragraph 7 of Schedule 5 to the Act.  
 (2) For the purpose of paragraph 7(1)(a)(i) of Schedule 5 to the Act, an application is made 
by or on behalf of UK producers where the TRA determines that the application is supported by UK 
producers whose collective output constitutes at least 25  per cent . of the total production in the 
United Kingdom of the like goods and directly competitive goods, and is not oppose d by other UK 
producers of the like goods and directly competitive goods whose collective output is greater than 
or equal to that percentage.  
 (3) The TRA may reject an application which it considers does not satisfy the requirements in 
regulation 21(1), b ut it must not do so where the requirement in question has been expressly waived 
by it. 
 (4) The TRA may reject an application if it is not made via the TRA's case management system.  
Registration  of interest and the issuing of questionnaires  
CHAPTER 3 Conduct of an investigation  
 24.—(1) Where the TRA has made a determination to initiate an investigation, it must set a 
period during which interested parties and any other person may make themselves known to the 
TRA (a "registration period").  
 (2) The TRA  may issue a questionnaire (see regulation 25) to— 
(a) interested parties who have made themselves known to the TRA during the registration period;  
(b) UK producers, importers and overseas exporters (or associations thereof) which the applicant 
UK producer s have identified in their application; and  
(c) contributors who have made themselves known to the TRA during the registration period.  G/SG/N/1/GBR/1/Suppl.2  
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   (3) Where the TRA uses a limited examination in accordance with regulation 26 (limited 
examination), it may limit the is suing of questionnaires to those interested parties included in that 
examination.  
 (4) Where an interested party or a contributor makes themselves known to the TRA after the 
end of the registration period, the TRA may issue a questionnaire to that person i f it is satisfied that 
doing so would not significantly impede the progress of the investigation.  
 (5) Where an interested party makes themselves known to the TRA after the end of the 
registration period, the TRA may include that party in a limited examina tion in accordance with 
regulation 26 (limited examination).  
 (6) The TRA must not issue a questionnaire after the statement of intended final determination 
is published (see regulation 29). 
Form of questionnaires and deficiency notice  
 25.—(1) Subject to paragraph (2), the questionnaire referred to in regulation 24 (registration 
of interest and the issuing of questionnaires) may take such form and contain such questions and 
other material as the TRA considers appropriate for the purpose of the investigatio n. 
 (2) A questionnaire must set out the date by which it must be returned to the TRA.  
 (3) Where, following a review of the returned questionnaire, the TRA determines that it is 
incomplete or that the information supplied to it is inadequate, it may issue  a notice to the relevant 
interested party or contributor requesting clarification or supplementary information (a "deficiency 
notice").  
 (4) The deficiency notice must set out a time limit by which any missing, clarificatory or 
supplementary information i s to be supplied.  
Limited examination  
 26.—(1) The TRA may, where it considers it appropriate for the purpose of making any 
determination or conducting any analysis under the Act or these Regulations, limit its examination 
to a sample of — 
(a) categories of  goods;  
(b) UK producers;  
(c) transactions for the purchase of the like goods and directly competitive goods in the United 
Kingdom; or  
(d) anything else the TRA considers it appropriate to examine in order to make its determination.  
 (2) Where the TRA limits its examination in accordance with this regulation, it may use any 
reasonable method to determine the sample it considers appropriate.  
Authentication visit and authentication visit report  
 27.—(1) The TRA may make such arrangements in connection wit h an authentication visit as 
it considers appropriate.  
 (2) Where the TRA conducts an authentication visit, it must — 
(a) provide a written report on the authentication visit (an "authentication report") to the person 
subject to that visit;  G/SG/N/1/GBR/1/Suppl.2  
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  (b) require the person subject to an authentication visit to supply it with a version of the 
authentication report with summarisation of the information that it requests the TRA to treat as 
confidential (a "non -confidential authentication report"); and  
(c) set a time limi t by which the non -confidential authentication report is to be supplied.  
 (3) In the application of regulation 16 (confidential information) to this regulation, a reference 
in that regulation to — 
(a) the supply of information is to be taken to include info rmation obtained by the TRA from the 
person subject to an authentication visit; and  
(b) a non -confidential summary is to be taken to include a non -confidential authentication report.  
 
Hearing  
 28.—(1) The TRA may conduct a hearing at any time during an inv estigation either — 
(a) at the request of any interested party; or  
(b) on its own initiative.  
 (2) The TRA must notify interested parties and contributors of any processes and procedures 
to be adopted at a hearing in advance of it taking place.  
 (3) When de ciding whether and how to conduct a hearing, the TRA must have regard to — 
(a) the need to preserve the confidentiality of information it is treating as confidential in accordance 
with regulation 16(3) or (4); and  
(b) whether holding a hearing and whether such processes and procedures it proposes to adopt at 
a hearing would be convenient to interested parties and contributors.  
 (4) The TRA must allow interested parties and contributors to present their views by written 
and oral statements (see regul ation 18(3) ). 
 (5) Where the TRA decides to conduct a hearing, it — 
(a) must give sufficient notice of the hearing to interested parties and contributors;  
(b) must allow interested parties and contributors to attend; and  
(c) may request that an interested p arty or a contributor intending to attend to supply the TRA with 
the information they wish to rely on at the hearing.  
 (6) Where the TRA makes a request referred to in paragraph (5)(c), it must set a time limit 
by which such a request must be complied with . 
 (7) An interested party or a contributor is not under an obligation to attend a hearing.  
 (8) The TRA must not determine that an interested party who fails to attend a hearing is a 
non-cooperative party (see regulation 20) or that such failure to attend is otherwise prejudicial to 
its interests.  
Disclosure  
 29.—(1) Before making a final affirma tive or final negative determination for the purpose of 
paragraph 9(5) of Schedule 5 to the Act, the TRA must — G/SG/N/1/GBR/1/Suppl.2  
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  (a) publish a statement (a "statement of intended final determination") which sets out — 
 (i) the final determination that it intends to make ("in tended final determination");  
 (ii) a summary of the facts considered by the TRA during its investigation;  
 (iii) those facts referred to in sub -paragraph (ii) that formed the basis of the intended final 
determination; and  
(b) inform interested parties who  have supplied information that has been considered by the TRA — 
 (i) how it has used the information supplied by that party in making the intended final 
determination; and  
 (ii) of the details of the TRA's assessment forming the basis of the intended final 
determination.  
 (2) The TRA must specify in the statement of intended final determination a period during 
which it will consider comments on that statement from interested parties, contributors or any other 
person who has supplied informatio n to it.  
CHAPTER 4 TERMINATIO N OF AN INVESTIGATIO N 
Termination  
 30.—(1) The TRA may, where it considers it appropriate, terminate an investigation on the 
request of the applicant UK producers.  
 (2) Where the TRA rejects a request referred to in paragraph ( 1), it must — 
(a) publish a notice of its determination setting out the reasons for its determination; and  
(b) notify interested parties and contributors.  
 (3) Where the TRA terminates an investigation under this regulation, it must — 
(a) publish a notice co ntaining the information referred to in paragraph 8 of the Schedule; and  
(b) notify interested parties and contributors.  
CHAPTER 5 CONTENT OF  NOTICES, PRELIMINAR Y ADJUSTMENT PLANS A ND ADJUSTMENT PLANS  
Content of notices  
 31.—(1) A notice published by the TRA in accordance with Schedule 5 to the Act and these 
Regulations must contain the information listed in the Schedule to these Regulations applicable to 
the type of notice in question.  
 (2) A notice published by the Secretary of State in accordance wi th Schedule 5 to the Act and 
these Regulations must contain the information listed in the Schedule to these Regulations applicable 
to the type of notice in question.  
 (3) A notice referred to in paragraph (1) may contain any other information as the TRA 
considers appropriate.  
 (4) A notice referred to in paragraph (2) may contain any other information as the Secretary 
of State considers appropriate.  G/SG/N/1/GBR/1/Suppl.2  
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  Form and content of a preliminary adjustment plan or an adjustment plan  
 32.—(1) A preliminary adjustment plan referred to in paragraph 7(3) of Schedule 5 to the Act 
or an adjustment plan referred to in paragraph 16(5)(b) of Schedule 5 to the Act may be in such 
form as the TRA is willing to accept.  
 (2) A preliminary adjustment plan or an adjustment  plan may contain information relating 
to— 
(a) how UK producers intend to adjust to the importation of the goods identified or the goods 
concerned in increased quantities as appropriate;  
(b) potential innovation, research and development initiatives to imp rove the competitiveness of UK 
producers; and  
(c) changes which UK producers intend to make to improve efficiency, including workforce 
effectiveness and investing in new or different machinery.  
 (3) The TRA must determine whether the content of an adjustme nt plan contains sufficient 
information to enable it to make a recommendation under paragraph 16(3) of Schedule 5 to the Act.  
 (4) In making an assessment under paragraph (3), the TRA may seek additional information 
from UK producers and take into consider ation any factors it considers relevant.  
PART 6 REVIEWS  
Purpose of Part 6  
 33. Reviews by the TRA of the continuing application, including variation, revocation and 
extension, of a definitive safeguarding remedy to goods pursuant to paragraph 21 of Schedul e 5 to 
the Act are subject to the provisions of this Part.  
Mid-term review  
 34.—(1) Where a definitive safeguarding remedy is intended to apply for more than three 
years, the TRA must initiate a review (a "mid -term review") not later than half way through the 
intended duration of that remedy, to consider whether — 
(a) its continuing application is necessary to — 
 (i) remove the serious injury, or to prevent further serious injury, caused by the importation 
of the goods subject to review in increased quantities, to UK producers; or  
 (ii) facilitate the adjustment by those UK producers to the importation of the goods subject to 
review in increased quantities; and  
(b) an alternative definitive safeguarding amount or tariff rate quota would better meet th e aim of — 
 (i) removing or preventing serious injury to UK producers; or  
 (ii) facilitating the adjustment by those UK producers to the importation of the goods subject 
to review in increased quantities.  
 (2) Where the TRA initiates a mid -term review, the TRA must — 
(a) publish a notice of its determination to initiate a mid -term review (a "notice of initiation of a 
review") containing the information referred to in paragraph  9 of the Schedule; and  
(b) notify the Secretary of State and interested parties.  G/SG/N/1/GBR/1/Suppl.2  
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   (3) In conducting a mid -term review, the TRA may consider, among other things — 
(a) whether the circumstances under which the definitive safeguarding remedy was applied have 
changed significantly;  
(b) whether it is likely that serious injury will recur if t he definitive safeguarding remedy is revoked;  
(c) whether serious injury has been removed or reduced, in whole or in part, due to the application 
of the definitive safeguarding remedy;  
(d) information on progress in implementing the adjustment plan to help  decide if the pace of 
liberalisation is appropriate.  
 (4) Following the conclusion of a mid -term review, the TRA may determine that the application 
of a definitive safeguarding remedy should be — 
(a) maintained in accordance with the relevant public notice  made under section 13 of the Act;  
(b) varied in respect of its level, form or pace of liberalisation; or  
(c) revoked.  
Extension review  
 35.—(1) The TRA may conduct a review (an "extension review") to consider whether the 
expiry of a definitive safeguarding remedy would likely result in a continuation or recurrence of 
serious injury to UK producers of the relevant goods.  
 (2) The TRA may initiate an extension review — 
(a) following the receipt of an application made by or on behalf of UK producers ; or 
(b) on its own initiative.  
 (3) The TRA must notify interested parties of the expiry of a definitive safeguarding remedy 
in sufficient time to allow interested parties to make an application for an extension review.  
 (4) An application for an extensio n review must not be made more than 12 months before the 
scheduled expiry of a definitive safeguarding remedy.  
 (5) Where the TRA initiates an extension review, the TRA must — 
(a) publish a notice of its determination to initiate an extension review (a "not ice of initiation of a 
review") containing the information referred to in paragraph 9 of the Schedule; and  
(b) notify the Secretary of State and interested parties.  
 (6) In conducting an extension review, the TRA must consider — 
(a) whether the importation of the goods subject to review in increased quantities is likely to recur;  
(b) whether serious injury has been removed, or reduced, in whole or in part due to the application 
of the definitive safeguarding remedy;  
(c) whether it is likely that serious inju ry will recur if the application of the definitive safeguarding 
remedy is not extended;  
(d) whether the circumstances of UK producers, or domestic or overseas market conditions, are such 
that the serious injury caused by the importation of the goods subjec t to review in increased 
quantities is likely to recur;  G/SG/N/1/GBR/1/Suppl.2  
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  (e) any adjustments made by UK producers; and  
(f) any other factors it considers relevant.  
 (7) Following an extension review, the TRA may determine that — 
(a) the application of a definitive safeguarding remedy to the goods subject to review should expire 
in accordance with the public notice made under section 13 of the Act; or  
(b) the application of such remedy be extended for a period which is necessary to — 
 (i) prevent or remove serious inj ury; and  
 (ii) facilitate adjustment by UK producers.  
 (8) Where the TRA makes a determination under paragraph (7)(b) , the TRA — 
(a) must determine that the pace of liberalisation of the definitive safeguarding remedy should be 
maintained or increased; and  
(b) may determine that the form of the definitive safeguarding remedy should be varied.  
 (9) The period for which a definitive safeguarding remedy applies to goods as a consequence 
of this regulation must not exceed eight years and such peri od includes the specified period referred 
to in paragraph 16(3)(a) or (b) of Schedule 5 to the Act.  
 (10) The TRA may reject an extension review application if it is not made via the TRA's case 
management system.  
 (11) Where the TRA rejects an extension re view application, it must notify the review 
applicant.  
The conduct of reviews  
 36.—(1) Where the TRA considers it appropriate, the TRA may expand or limit the matters to 
be considered in a review.  
 (2) The TRA must provide interested parties with an opport unity to comment prior to acting 
in accordance with paragraph (1).  
 (3) The TRA may, where it considers it appropriate, terminate an extension review on the 
request of the review applicant.  
 (4) Parts 2 to 5 apply to this Part to the extent that the TRA co nsiders relevant.  
 (5) If the TRA applies any part of Parts 2 to 5 to a review, any references in those Parts to 
"goods concerned" should be read as "goods subject to review".  
TRA's recommendation to the Secretary of State  
 37.—(1) Unless paragraph (2) app lies, the TRA must make a recommendation to the 
Secretary of State, where it determines that the application of a definitive safeguarding remedy 
should be varied, revoked or replaced.  
 (2) Where the TRA determines that the application of a definitive safeg uarding remedy be 
extended in accordance with regulation 35 (extension review), it may make a recommendation in 
accordance with paragraph (1) only if it is satisfied that the application of a definitive safeguarding 
remedy meets the economic interest test (see paragraph 23 of Schedule 5 to the Act).  G/SG/N/1/GBR/1/Suppl.2  
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   (3) Before making a recommendation that the application of a definitive safeguarding remedy 
be varied which comprises or includes varying (or providing for) the allocation of a tariff rate quota, 
the TRA must consult the Secretary of State regarding the proposed allocation.  
 (4) The TRA's recommendation must include — 
(a) a description of the goods to which the recommendation relates;  
(b) the reasons for its recommendation;  
(c) where relevant, the recommended period for which the definitive safeguarding remedy should 
be applicable, which must begin on the day after the date of publication of the public notice under 
section 13 of the Act giving effect to the recommendation;  
(d) informat ion which the TRA considers is likely to be relevant to the Secretary of State's decision 
as to whether it would not be in the public interest to accept the TRA's recommendation (see 
regulation 38); 
(e) any other information which the TRA considers relevan t. 
 (5) Where the TRA terminates a review but does not make a recommendation in accordance 
with paragraph (1), the TRA must — 
(a) publish a notice containing the information referred to in paragraph  12 of the Schedule; and  
(b) notify the Secretary of State and interested parties.  
Acceptance or rejection of the TRA's recommendation by the Secretary of State  
 38.—(1) Where the TRA makes a recommendation in accordance with regulation ( 37(1) ), the 
Secretary of State must accept or reject the recommendation.  
 (2) The Secretary of State may reject the recommendation only if the Secretary of State is 
satisfied that — 
(a) where relevant, the application of a definitive safeguarding remedy to the goods subject to review 
in accordance with the recommendation does not  meet the economic interest test (see paragraph  23 
of Schedule 5 to the Act); or  
(b) it is not otherwise in the public interest to accept the recommendation.  
 (3) Where the Secretary of State rejects the recommendation, the Secretary of State must — 
(a) pub lish a notice containing the information referred to in paragraph 10 or 11 of the Schedule;  
(b) notify interested parties; and  
(c) lay a statement before the House of Commons setting out the reasons for rejecting the 
recommendation.  
PART 7 SUSPENSION  
Suspe nsion of a definitive safeguarding remedy  
 39.—(1) The TRA may make a recommendation to the Secretary of State (a "suspension 
recommendation") that the application of a definitive safeguarding remedy be suspended for a 
specified period (the "period of susp ension") in relation to some or all of the goods specified in the 
public notice made by the Secretary of State under section 13 of the Act.  G/SG/N/1/GBR/1/Suppl.2  
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   (2) The TRA may make a suspension recommendation where — 
(a) paragraph (3) applies;  
(b) it is satisfied that a suspe nsion is appropriate; and  
(c) UK producers have been given the opportunity to comment on the suspension proposed in the 
application for suspension (see regulation 40). 
 (3) This paragraph applies where the TRA, whether or not as a consequence of considerin g an 
application in accordance with regulation 40 (application for suspension), considers that the 
circumstances in paragraph (4) exist.  
 (4) Those circumstances are that — 
(a) market conditions have changed temporarily; and  
(b) as a consequence of the change in market conditions, the serious injury caused to UK producers 
is unlikely to recur if the application of a definitive safeguarding remedy were to be suspended.  
 (5) In considering whether to make a suspension recommendation, the TRA may take such 
steps as it considers appropriate.  
 (6) Where the TRA rejects an application for suspension, the TRA must notify the applicant.  
 (7) Where the TRA considers that it is not appropriate to make a suspension recommendation, 
it must— 
(a) publish a notice of th e reasons for its determination; and  
(b) notify the Secretary of State and interested parties.  
 (8) Where the TRA considers that it is appropriate to make a suspension recommendation, 
the recommendation must include — 
(a) the reasons for the TRA's determina tion; 
(b) the recommended period of suspension, which must begin on the day after the date of publication 
of the public notice under section 13 of the Act giving effect to the recommendation; and  
(c) any other information the TRA considers relevant.  
 (9) If the TRA makes a suspension recommendation, the Secretary of State must decide 
whether to accept or reject it.  
 (10) The Secretary of State may only reject a suspension recommendation where the 
Secretary of State considers that it is not in the public int erest to accept it.  
 (11) Where the Secretary of State rejects a suspension recommendation, the Secretary of 
State must — 
(a) publish a notice containing the information referred to in paragraph  13 of the Schedule;  
(b) notify interested parties; and  
(c) lay  a statement before the House of Commons setting out the reasons for rejecting the 
recommendation.  G/SG/N/1/GBR/1/Suppl.2  
- 20 - 
   (12) Where the application of a definitive safeguarding remedy is suspended under this Part, 
the period of suspension counts towards the specified period of  the definitive safeguarding remedy 
as stated in the relevant public notice.  
Application for suspension  
 40.—(1) An application for suspension of a definitive safeguarding remedy (a "suspension 
application") in accordance with regulation 39 (suspension of a definitive safeguarding remedy) may 
be made by or on behalf of an interested party.  
 (2) A suspension application to the TRA must include as far as possible information regarding — 
(a) the change in the market conditions;  
(b) the temporary nature of that change; and  
(c) the effect of the change on UK producers.  
 (3) Where a suspension application is withdrawn by the applicant, the TRA may still consider 
whether it is appropriate to make a suspension recommendation (see regulation 39). 
Period of suspension  
 41.—(1) The period of suspension referred to in regulation 39(1) must not exceed nine months 
commencing on the day after the publication of the public notice under section 13 of the Act giving 
effect to the suspension.  
 (2) Following an application by an interested party, or where the TRA otherwise considers that 
it is appropriate, the TRA may recommend to the Secretary of State that the period of nine months 
referred to in paragraph (1) be extended to a maximum of 21 months ("extended  period of 
suspension").  
 (3) Where the TRA makes a recommendation in accordance with paragraph (2), but the 
duration of the extended period of suspension recommended is less than 21 months, the TRA may 
make a further recommendation to the Secretary of Sta te to increase the duration of the extended 
period of suspension where it considers it is appropriate to do so, provided that the overall duration 
of the extended period of suspension does not exceed 21 months.  
 (4) Where the TRA rejects an application for  an extension of the period of suspension, the TRA 
must notify the applicant.  
 (5) Where the TRA considers that it is not appropriate to make a recommendation to extend 
the period of suspension, it must — 
(a) publish a notice of its determination and the re asons for it; and  
(b) notify the Secretary of State and interested parties.  
 (6) Where the TRA considers that it is appropriate to make a recommendation to extend the 
period of suspension, the recommendation must include — 
(a) the reasons for its recommenda tion; 
(b) the recommended extended period of suspension, which must begin on the day after the date 
of publication of the public notice under section 13 of the Act giving effect to the recommendation; 
and 
(c) any other information the TRA considers relevan t. 
 (7) If the TRA makes a recommendation in accordance with this regulation, the Secretary of 
State must decide whether to accept or reject it.  G/SG/N/1/GBR/1/Suppl.2  
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   (8) The Secretary of State may only reject a recommendation where the Secretary of State 
considers that it is not in the public interest to accept the recommendation.  
 (9) Where the Secretary of State rejects a recommendation, the Secretary of State must — 
(a)publish a notice containing the information referred to in paragraph 14 of the Schedule;  
(b) notify inte rested parties; and  
(c) lay a statement before the House of Commons setting out the reasons for rejecting the 
recommendation.  
Reinstatement of a definitive safeguarding remedy  
 42.—(1) The TRA may make a recommendation to the Secretary of State to reinstat e a 
definitive safeguarding remedy where it determines that the circumstances in regulation 39(4) no 
longer exist.  
 (2) Where the TRA makes a recommendation in accordance with this regulation, the 
recommendation must include — 
(a) the reasons for the TRA's determination; and  
(b) any other information the TRA considers relevant.  
 (3) If the TRA makes a recommendation under paragraph (1), the Secretary of State must 
decide whether to accept or reject it.  
 (4) Where the Secretary of State accepts the recommenda tion, the Secretary of State must — 
(a) publish a public notice under section 13 of the Act containing the information referred to in 
paragraph  15 of the Schedule; and  
(b) notify interested parties.  
 (5) The Secretary of State may only reject a recommendation where the Secretary of State 
considers that it is not in the public interest to accept the recommendation.  
 (6) Where the Secretary of State rejects a recommendation, the Secretary of State must — 
(a) publish a notice containing the informati on referred to in paragraph  15 of the Schedule;  
(b) notify interested parties; and  
(c) lay a statement before the House of Commons setting out the reasons for rejecting the 
recommendation.  
PART 8 SUPPLEMENTARY  
Developing country exception  
 43.—(1) Subject to paragraph (2), the TRA must not recommend the application of a 
provisional safeguarding remedy or definitive safeguarding remedy to goods concerned which are 
imports from a developing country member of the WTO accounting for 3  per cent . or less of the total 
imports of those goods into the United Kingdom (a "low volume exporter").  
 (2) Paragraph (1) does not apply in respect of any developing country member of the WTO if 
the imports from all low volume exporters collectively account for more than 9 per cent . of the total 
imports of the goods concerned into the United Kingdom.  G/SG/N/1/GBR/1/Suppl.2  
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  Other exception  
 44.—(1) Where the TRA determines that the conditions in paragraph (2) are satisfied, the 
TRA must except goods originating from a foreign country or territory — 
(a) from the scope of a recommendation by the TRA to apply a provisional safeguarding remedy or 
definitive safeguarding remedy; and  
(b) from — 
 (i) its assessment on whether the goods concerned have been or are being imported into the 
United Kingdom in in creased quantities under Part 2 of these Regulations; and  
 (ii) its determination on whether the importation of the goods concerned in increased 
quantities into the United Kingdom has caused or is causing serious injury to UK producers under 
Part 3 of thes e Regulations.  
 (2) The conditions in this paragraph are satisfied where — 
(a) immediately before exit day, that foreign country or territory and the European Union were 
signatories to a free trade agreement;  
(b) that foreign country or territory and the Un ited Kingdom are signatories to a free trade 
agreement; and  
(c) the free trade agreement referred to in paragraph (b) provides for the excepting of goods from 
the application of a safeguard measure within the meaning of Article XIX of GATT and the Agreement 
on Safeguards (being part of Annex 1A to the WTO Agreement)  (1). 
 (3) In this regulation — 
(a) a "free trade agreement" means an agre ement that is or was notifiable under paragraph 7(a) of 
Article XXIV of GATT;  
(b) "GATT" means the General Agreement on Tariffs and Trade, part of Annex 1A to the WTO 
Agreement (as modified from time to time);  
(c) a "signatory to a free trade agreement" includes a reference to — 
 (i) exchanging instruments, where the exchange constitutes the agreement;  
 (ii) acceding to the agreement;  
(d) "WTO Agreement" means the agreement establishing the WTO signed at Marrakesh on 15 April 
1994.  
PART 9 TRANSI TIONAL PROVISIONS  
Interpretation for Part 9  
 45. In this Part — 
"additional rate of import duty" means the rate of import duty applicable to goods outside of the 
amount of a quota;  
"EU Regulation" means Commission Implementing Regulation (EU) 2019/159  of 31  January 2019 
imposing definitive safeguard measures against imports of certain steel products( 1); G/SG/N/1/GBR/1/Suppl.2  
- 23 - 
  "specified" means specified by the Secretary of State in the determinatio n referred to in 
regulation  46(2) . 
The Secretary of State's determination  
 46.—(1) The Secretary of State may, before replacement day, make a relevant determination.  
 (2) A relevant determination is a determination that where, pursuant to the EU Regulation, 
tariff rate quotas are expected to apply to specified categories of steel products immediately before 
replacement day (referred to in this Part as "EU tariff rate quotas"), tariff rate quotas in respect of 
each of which the additional rate of i mport duty is the same as the corresponding EU rate, apply to 
the same categories of steel products upon and from replacement day until the appropriate date.  
 (3) In setting the amount of a tariff rate quota, the Secretary of State must recalculate the 
volume of the EU tariff rate quota applicable to the same goods to reflect the circumstances of the 
United Kingdom.  
 (4) The Secretary of State's determination must provide that the amount of each quota 
increases as the period for which the tariff rate quota applies progresses.  
 (5) The Secretary of State's determination may provide that a part or the whole of a tariff rate 
quota be allocated between certain countries and on terms as to a country being permitted to utilise 
any part not so allocated when its pr oportion has been exhausted.  
 (6) Except where the conditions in regulation 44(2)  are satisfied or where paragraph (7) 
applies, a relevant determination must not except goods originating from a particular foreign country 
or territory from the application o f a tariff rate quota.  
 (7) This paragraph applies where the relevant goods are goods originating from a developing 
country member of the WTO that is a low volume exporter provided the imports, during such period 
as the TRA determines is appropriate, from all such members who are low volume exporters 
collectively account for no more than 9  per cent . of the total imports of such goods into the United 
Kingdom.  
 (8) In this regulation — 
"appropriate date" means the date upon which, pursuant to the EU Regulation , the definitive 
safeguard measures imposed by that regulation are due to expire;  
"corresponding EU rate" means the additional rate of import duty in respect of an EU tariff rate 
quota;  
"low volume exporter" has the meaning given by regulation 43; 
"replace ment day" means the day on which Part 1 of Schedule 7 to the Act comes into force in so 
far as it relates to any EU safeguard duty;  
"safeguarding amount" means an additional amount of import duty.  
Notification etc of determination  
47.—(1) The Secretary of State must publish a notice of the determination referred to in 
regulation  46(2) . 
 (2) The Secretary of State must make provision by public notice to give effect to the 
determination.  
 (3) The notice under paragraph (2) must — 
(a) specify, in a ccordance with regulation  46 (the Secretary of State's determination) — G/SG/N/1/GBR/1/Suppl.2  
- 24 - 
   (i) which categories of steel products are subject to a tariff rate quota;  
 (ii) the period for which each tariff rate quota will be applicable;  
 (iii) the amount of the tariff rate quota applicable to each such category;  
 (iv) the amount of the tariff rate quota applicable to each such category during each part of 
that period;  
 (v) where applicable, the countries between which a part or the whole of a tariff rate quota is 
alloca ted and the amount of each such country's allocation;  
 (vi)the rates of import duty to be applied to each category of steel products subject to a tariff 
rate quota;  
(b) provide details of the exclusion of any goods from the application of a tariff rate quo ta; 
(c) refer to the EU Regulation.  
 (4) Paragraph (5) applies where the Secretary of State has made the determination referred 
to in regulation 46(1) and, before replacement day — 
(a) the Secretary of State has reconsidered the matter and determined that t he tariff rate quotas 
referred to in regulation 46(2) should no longer apply upon and from that day;  
(b) any of the EU tariff rate quotas are varied or cease to apply to goods; or  
(c) the Secretary of State otherwise withdraws such a determination.  
 (5) Wh ere this paragraph applies, the Secretary of State must, where applicable — 
(a) publish a notice withdrawing the notice of the determination already published under 
paragraph  (1); 
(b) publish a notice revoking the public notice already given under paragraph  (2). 
Treatment of tariff rate quotas under this Part etc  
 48.—(1) Tariff rate quotas applicable to goods under this Part shall be treated as if they were 
tariff rate quotas applicable to goods following the Secretary of State's acceptance of a 
recommendat ion made by the TRA under paragraph 16(3) of Schedule 5 to the Act and, subject to 
the provision made by this Part and to the extent that the context permits, section 13 of the Act, 
that Schedule and the other Parts of these Regulations apply in relation t o the former tariff rate 
quotas as they do in relation to tariff rate quotas applicable to goods following that acceptance.  
 (2) For the purpose of the application, in accordance with paragraph (1), of the other Parts of 
these Regulations in relation to ta riff rate quotas applicable to goods under this Part, a reference in 
any of those Parts to a public notice under section 13 of the Act shall, in the case of such tariff rate 
quotas, be taken to include a public notice referred to in this Part.  
 (3) The dat e upon which a tariff rate quota applicable to goods under this Part began, shall be 
treated, for the purpose of any provision of Schedule 5 to the Act or these Regulations, as the date 
upon which the EU tariff rate quota in respect of the same category of  steel products was imposed.  
 (4) The date upon which an EU tariff rate quota was imposed is, in the case of a definitive 
measure preceded by a provisional one, the date of the imposition of the provisional measure.  
Review of tariff rate quotas under this Part  
 49.—(1) The TRA must — G/SG/N/1/GBR/1/Suppl.2  
- 25 - 
  (a) conduct a review (referred to in this Part as the "transition review") of the application of the tariff 
rate quotas applicable to goods under this Part; and  
(b) initiate that review at the request of, and within any tim e period stipulated by, the Secretary of 
State.  
 (2) Upon initiating the transition review, the TRA must — 
(a) publish a notice of its initiation of the review; and  
(b) notify the Secretary of State accordingly.  
 (3) The notice referred to in paragraph (2)( a) must contain — 
(a) details of the content of the public notice referred to in regulation 47(2) ; 
(b) the information referred to in paragraph  9 of the Schedule.  
 (4) The transition review is a review to consider whether goods belonging to each specified 
category of steel products were, during the same investigation period considered by the European 
Commission in connection with the EU tariff rate quotas, imported into the United Kingdom in 
increased quantities and, where the TRA finds that goods belonging to such a category were so 
imported, whether — 
(a)the importation of those goods in increased quantities would be likely to recur if they were no 
longer subject to a tariff rate quota;  
(b) there would be serious injury to UK producers of the like goods and directly competitive goods 
if goods belonging to that category were no longer subject to a tariff rate quota;  
(c) the continuation of a tariff rate quota is necessary to facilitate the adjustment of the UK producers 
of the like goods and directly competiti ve goods to the importation of goods belonging to that 
category; and  
(d) whether an alternative tariff rate quota or the application of a safeguarding amount to goods 
belonging to that category would better meet the aim of preventing the recurrence of seri ous injury 
to the UK producers of the like goods and directly competitive goods.  
 (5) The transition review may include the consideration of whether it is appropriate to — 
(a) increase the amount of a tariff rate quota and, if so, to what level;  
(b) vary (or provide for) the allocation of a tariff rate quota and, if so, how;  
(c) reduce the additional amount of import duty and, if so, to what level;  
(d) reduce the period for which goods are subject to the quota and, if so, to what period;  
(e) increase the pace of liberalisation and, if so, how.  
 (6) Parts 2 to 5 apply to the transition review to the extent that the TRA considers relevant.  
 (7) Where other Parts of these Regulations are applied to the transition review, references in 
those Parts to "good s concerned" and similar expressions shall be construed as references to the 
goods to which the application of a tariff rate quota is being reviewed.  
 (8) The TRA may initiate the transition review before replacement day.  
 (9) If the TRA initiates the tran sition review before replacement day, it may terminate the 
review.  G/SG/N/1/GBR/1/Suppl.2  
- 26 - 
   (10) Where the TRA terminates the transition review, it must — 
(a) conduct the transition review at a later date;  
(b) initiate that review at the request of, and within any time period stipulated by, the Secretary of 
State;  
(c) publish a notice containing the information referred to in paragraph  12 of the Schedule.  
Determinations of the TRA  
 50.—(1) The TRA must, in accordance with this regulation, make determinations covering all  
of the goods subject to review.  
 (2) Where, under regulation 49(4) , the TRA considers that goods belonging to a specified 
category of steel products were not being imported into the United Kingdom in increased quantities, 
a determination of the TRA referr ed to in paragraph (1) must be a determination that the application 
of a tariff rate quota to those goods under this Part be revoked.  
 (3) A determination referred to in paragraph (2) must be made as soon as practicable.  
 (4) Where, under regulation 49(4) , the TRA considers that goods belonging to a specified 
category of steel products were being imported into the United Kingdom in increased quantities, a 
determination of the TRA referred to in paragraph (1) is a determination, made upon the conclusion 
of the transition review, that the application of a tariff rate quota to goods should — 
(a) continue unvaried;  
(b) be varied;  
(c) be replaced by a safeguarding amount; or  
(d) be revoked.  
 (5) The TRA must not make a determination that the application of a tariff rate quota to goods 
should continue unvaried unless it is satisfied that the application of the tariff rate quota to those 
goods in accordance with that determination would meet the economic interest test (see 
paragraph  23 of Schedule 5 to the Act) and, where it is not so satisfied, it must instead make a 
determination that the application of that tariff rate quota to those goods should be revoked.  
 (6) Where the TRA makes a determination that the application of a tariff rate quota to goods 
should be  varied, the variation may, among other things, comprise or include — 
(a) increasing the amount of a tariff rate quota;  
(b) varying (or providing for) the allocation of a tariff rate quota;  
(c) reducing the additional rate of import duty;  
(d) reducing the p eriod for which a tariff rate quota applies to goods;  
(e) increasing the pace of liberalisation.  
 (7) Where, upon the conclusion of the transition review, the TRA makes a determination that 
the application of a tariff rate quota to goods be varied, that va riation must not comprise or include 
extending the period for which the tariff rate quota will be applicable.  
 
 G/SG/N/1/GBR/1/Suppl.2  
- 27 - 
  TRA's recommendations to the Secretary of State  
 51.—(1) Except where paragraph (2) applies, the TRA must, following the making of a 
determinati on referred to in regulation  50 (determinations of the TRA), make a recommendation to 
the Secretary of State in respect of the goods to which the determination relates.  
 (2) This paragraph applies in respect of a determination that the application of a tar iff rate 
quota to goods should continue unvaried.  
 (3) A recommendation referred to in paragraph (1) is a recommendation that the application 
of a tariff rate quota to goods should be — 
(a) varied;  
(b) replaced with a safeguarding amount; or  
(c) revoked.  
 (4) The TRA must not make a recommendation that the application of a tariff rate quota to 
goods should be varied or replaced with a safeguarding amount, unless it is satisfied that such a 
recommendation would meet the economic interest test and, where it is not so satisfied, it must 
instead make a recommendation that the application of that tariff rate quota to those goods should 
be revoked.  
 (5) Before making a recommendation that the application of a tariff rate quota to goods be 
varied which co mprises or includes varying (or providing for) the allocation of the tariff rate quota, 
the TRA must consult the Secretary of State regarding the proposed allocation.  
 (6) Where the TRA recommends that the application of a tariff rate quota to goods be var ied, 
that variation must ensure that the pace of liberalisation is maintained or increased.  
 (7) Any recommendation made by the TRA that the application of a tariff rate quota to goods 
be varied or replaced with a safeguarding amount must be such as the TR A is satisfied facilitates the 
adjustment of UK producers of the like goods and directly competitive goods to the importation of 
the goods in increased quantities.  
 (8) The TRA's recommendation must include — 
(a) a description  of the goods to which the recommendation relates;  
(b) the reasons for its recommendation;  
(c) where relevant, the period for which the tariff rate quota (or a safeguarding amount) should now 
be applicable;  
(d) information which the TRA considers is likely  to be relevant to the Secretary of State's decision 
as to whether it would not be in the public interest to accept the TRA's recommendation (see 
regulation 52); 
(e) any other information which the TRA considers relevant.  
Acceptance or rejection of the TRA 's recommendation by the Secretary of State  
 52.—(1) Where the TRA makes a recommendation in accordance with regulation 51 (TRA's 
recommendations to the Secretary of State), the Secretary of State must accept or reject that 
recommendation.  
 (2) The Secreta ry of State may reject the TRA's recommendation only if the Secretary of State 
is satisfied that — G/SG/N/1/GBR/1/Suppl.2  
- 28 - 
  (a) where relevant, the application of a tariff rate quota (or a safeguarding amount) to the goods 
subject to review in accordance with the recommendation doe s not meet the economic interest test; 
or 
(b) it is not otherwise in the public interest to accept the recommendation.  
 (3) Where the Secretary of State rejects the TRA's recommendation, the Secretary of State 
must— 
(a) publish a notice of the rejection wh ich contains the following information — 
 (i) a description of the goods to which the notice relates;  
 (ii) a summary of the review;  
 (iii) the TRA's recommendation;  
 (iv) the reasons for the TRA's recommendation;  
 (v) the reasons for the Secretary of State's rejection;  
(b) notify interested parties; and  
(c) lay a statement before the House of Commons setting out the reasons for rejecting the 
recommendation.  
(4) Where the Secretary of State accepts the TRA's recommendation, the Secretary of State 
must— 
(a) make provision by public notice to give effect to the recommendation;  
(b) notify interested parties.  
 (5) The notice referred to in paragraph (4)(a) must contain the following information — 
(a) the information referred to in sub -paragraphs (i) to (iv) of paragraph (3)(a);  
(b) where relevant, the revised amount of the tariff rate quota;  
(c) where relevant, the allocation or revised allocation of the tariff rate quota;  
(d) where relevant, the revised additional rate of import duty;  
(e) where relevant , the revised period for which such goods will be subject to a tariff rate quota;  
(f) details of the exclusion of any goods from the application of the tariff rate quota;  
(g) where relevant, details of the safeguarding amount recommended in place of a tari ff rate quota 
and the period for which such amount will apply.  
 (6) A period referred to in paragraph (5)(e) or (g) must begin on the day after the publication 
of the public notice.  
PART 10 TRANSITIONAL  PROVISIONS RELATING  TO THE TRA  
CHAPTER 1 GENERAL MO DIFICATIONS  
53. Unless otherwise specified in this Part, these Regulations have effect as if — G/SG/N/1/GBR/1/Suppl.2  
- 29 - 
  (a) for "TRA", in each place where this occurs (excluding regulation 1), there were substituted "the 
Secretary of State";  
(b) for "TRA's", in each place where this occurs, there were substituted, "Secretary of State's";  
(c) for "it", where this is a reference to the TRA, in each place where it occurs, there were substituted 
"the Secretary of State"; and  
(d) for "its", in the following provisions, there were substitut ed "the" — 
 (i) regulation  13(4)(a);  
 (ii) regulation  19(2);  
 (iii) regulation  26; 
 (iv) regulation  29(1)(a)(ii);  
 (v) regulation  30(2)(a);  
 (vi) regulation  34(2)(a);  
 (vii) regulation  35(5)(a);  
 (viii) paragraph  7(c) of the Schedule.  
CHAPTER 2 FURTHER MODIFICATION S 
Further modifications to Part 1  
 54. Regulation 2 (interpretation) has effect as if — 
(a) in the definition of "application", for "paragraph 7(1)(a) of Schedule 5 to the Act", there were 
substituted "paragraph 7(1)(a)(i) of Schedule 5 to the Act"; and  
(b) in the definition of "pace of liberalisation", for "paragraphs 17(4)(b) or 18(5)(b)", there were 
substituted "paragraphs 17(4)(b) or 18(4)(b)".  
Further modifications to Part 4  
 55. Regulation 10 (determination and assessment of an adequate amount to prevent or 
remove serious injury and remedies) has effect as if — 
(a) in paragraph (1), for "paragraphs 12(4), 13(5), 17(4)(a) and 18(5)(a) of Schedule 5 to the Act", 
there were substitut ed "paragraphs 12(4), 13(4), 17(4)(a) and 18(4)(a) of Schedule 5 to the Act"; 
and 
(b) in paragraphs (4) and (5)(c), for "recommend the imposition of", there were substituted "make 
a preliminary decision to impose".  
Further modifications to Part 5  
 56. Regulation 12 (general provisions relating to the initiation and conduct of an investigation) 
has effect as if, in paragraphs (1) and (2)(c) and (d), for "its", there were substituted "the Secretary 
of State's".  
 57. Regulation 13 (revision of scope of an inve stigation) has effect as if — 
(a) in paragraph (1) — G/SG/N/1/GBR/1/Suppl.2  
- 30 - 
   (i) for "its determination", there were substituted "the Secretary of State's decision"; and  
 (ii) for "paragraph 7(6)(b) of Schedule 5 to the Act", there were substituted "paragraph 7(6)(c) 
of Schedule 5  to the Act";  
(b) at the end of paragraph (4)(a), there were inserted "(or been otherwise available to the Secretary 
of State, where no application was made)".  
 58. Regulation 16 (confidential information) has effect as if — 
(a) in paragraph (1)(a), for "its", there were substituted "the Secretary of State's"; and  
(b) paragraph (5) were omitted.  
 59. Regulation 17 (permitted disclosure) has effect as if — 
(a) in paragraphs (1) and (3), "the TRA or", in each place where this occurs, were omitted; and  
(b) pa ragraph (2) were omitted.  
 60. Regulation 21 (application) has effect as if, for "paragraph (7)(6)(b) of Schedule 5 to the 
Act", there were substituted "paragraph (7)(6)(c) of Schedule 5 to the Act".  
 61. Regulation 23 (assessment of an application) has ef fect as if — 
(a) for the heading of that regulation, there were substituted — 
 "Assessment of information to determine whether to initiate an investigation "; and  
(b) for paragraph (1), there were substituted — 
  "(1) The Secretary of State must examine the accuracy and adequacy of the 
information — 
(a) contained  in, or supplied with, an application; or  
(b) obtained  or held by the Secretary of State, for the purposes of the initiation of an investigation, 
where there is no application,  
  to determine whether i t is sufficient to justify the initiation of an investigation under 
paragraph 7 of Schedule 5 to the Act. ". 
 62. Regulation 24 (registration of interest and the issuing of questionnaires) has effect as if, 
for paragraph (2)(b), there were substituted — 
"(b) UK producers, importers and overseas exporters (or associations thereof) which — 
 (i) the applicant UK producers have identified in their application; or  
 (ii) where  no application has been made, the Secretary of State has identified as being relevant 
to the investigation; ". 
 63. Regulation 28 (hearing) has effect as if, in paragraph (1)(b), for "its", there were 
substituted "the Secretary of State's".  
 64. Regulation  31 (content of notices) has effect as if paragraphs (1) and (3) were omitted.  
 65. Regulation 32 (form and content of a preliminary adjustment plan or an adjustment plan) 
has effect as if in paragraph (3), for "recommendation", there were substituted "pre liminary 
decision".  G/SG/N/1/GBR/1/Suppl.2  
- 31 - 
  Further modifications to Part 6  
 66. Regulation 34 (mid -term review) has effect as if — 
(a) in paragraph (2)(b), "the Secretary of State and" were omitted; and  
(b) in paragraph (4), for "determine", there were substituted "make a preliminary decision".  
 67. Regulation  35 (extension review) has effect as if — 
(a) in paragraph (2)(b), for "its", there were substituted "the Secretary of State's";  
(b) in paragraph (5)(b), "the Secretary of State and" were omitted; and  
(c) in paragraph (7), for "determine", there were substituted "make a preliminary decision";  
(d) after paragraph (7), there were inserted — 
"(7A) The Secretary of State may make a preliminary decision in accordance with 
paragraph (7)(b) only if the Secretary of S tate is satisfied that the application of a 
definitive safeguarding remedy meets the economic interest test (see paragraph 23 of 
Schedule 5 to the Act)."; and  
(e) in paragraph (8), for "determination", there were substituted "preliminary decision".  
 68. Regulation 37 (TRA's recommendation to the Secretary of State) has effect as if — 
(a) for the heading of that regulation, there were substituted — 
 "Secretary of State's preliminary decision following the conclusion of a review "; and  
(b) for that regulation there were substituted — 
"37.—(1) Where the Secretary of State makes a preliminary decision that the 
application of a definitive safeguarding remedy should be varied, revoked, or replaced, 
that decision must include — 
(a) a description of the good s to which the decision relates;  
(b) the reasons for the decision;  
(c) where  relevant, the period for which the definitive safeguarding remedy should be applicable, 
which must begin on the day after the date of publication of the public notice under sectio n 13 of 
the Act giving effect to the decision;  
(d) any other information which the Secretary of State considers relevant.  
  (2) Where the Secretary of State makes a preliminary decision other than a preliminary 
decision referred to in paragraph (1), and de cides to give effect to it, the Secretary of State must — 
(a) terminate  the review;  
(b) publish  a notice containing the information referred to in paragraph 12 of the Schedule; and  
(b) notify interested parties. ". 
 69. Regulation 38 (acceptance or rejection of the TRA's recommendation by the Secretary of 
State) has effect as if — 
(a) for the heading of that regulation, there were substituted — G/SG/N/1/GBR/1/Suppl.2  
- 32 - 
   "Secretary of State's decision whether to give effect to a preliminary decision 
following the conclusion of a review "; and  
(b) for that regulation there were substituted — 
"38.—(1) Where the Secretary of State makes a preliminary decision that the 
application of a definitive safeguarding remedy should be varied, revoked, or replaced, 
the Secretary of State must decide whether to give effect to the preliminary decision.  
  (2) The Secretary of State may deci de not to give effect to the preliminary decision only 
if the Secretary of State is satisfied that it is not in the public interest to give effect to it.  
  (3) Where  the Secretary of State decides not to give effect to the preliminary decision, 
the Secreta ry of State must — 
(a) publish  a notice containing the information referred to in paragraph 10 or 11 of the Schedule;  
(b) notify  interested parties; and  
(c) lay a statement before the House of Commons setting out the reasons for deciding not to give 
effect to the preliminary decision. ". 
 
Further modifications to Part 7  
 70. Part 7 (suspension) has effect as if, for that Part, there were substituted — 
"PART 7 Suspension  
 Suspension of a definitive safeguarding remedy  
39.—(1) The Secretary of State may make a preliminary decision (a "preliminary 
suspension decision") that the application of a definitive safeguarding remedy be 
suspended for a specified period (the "period of suspension") in relation to some or all 
of the goods specified in the public notice made  by the Secretary of State under 
section  13 of the Act.  
  (2) The Secretary of State may make a preliminary suspension decision where — 
(a) paragraph  (3) applies;  
(b) the Secretary of State is satisfied that a suspension is appropriate; and  
(c) UK producers  have been given the opportunity to comment on the suspension proposed in the 
application for suspension (see regulation 40).  
  (3) This paragraph applies where the Secretary of State, whether or not as a 
consequence of considering an application in accord ance with regulation 40 (application for 
suspension), considers that the circumstances in paragraph (4) exist.  
  (4) Those  circumstances are that — 
(a) market  conditions have changed temporarily; and  
(b) as a consequence of the change in market conditions, the serious injury caused to UK producers 
is unlikely to recur if the application of a definitive safeguarding remedy were to be suspended.  
  (5) In considering whether to make a preliminary suspension decision, the Secretary of 
State may take such steps a s the Secretary of State considers appropriate.  G/SG/N/1/GBR/1/Suppl.2  
- 33 - 
    (6) Where  the Secretary of State rejects an application for suspension, the Secretary of 
State must notify the applicant.  
  (7) Where  the Secretary of State decides that it is not appropriate to make a preliminary 
suspension decision, the Secretary of State must — 
(a) publish  a notice of the reasons for this decision; and  
(b) notify  interested parties.  
  (8) Where  the Secretary of State decides that it is appropriate to make a preliminary 
suspension decision, the preliminary suspension decision must include — 
(a) the reasons for the decision;  
(b) the period of suspension, which must begin on the day after the date of publication of the public 
notice under section 13 of the Act giving effect to the preliminary suspension decision; and  
(c) any other information the Secre tary of State considers relevant.  
  (9) If the Secretary of State makes a preliminary suspension decision, the Secretary of 
State must decide whether  to give effect to the decision.  
  (10) The Secretary of State may only decide not to give effect to a prel iminary 
suspension decision where the Secretary of State considers that it is not in the public interest to give 
effect to it.  
  (11) Where  the Secretary of State decides not to give effect to a preliminary suspension 
decision, the Secretary of State must — 
(a) publish  a notice containing the information referred to in paragraph 13 of the Schedule;  
(b) notify  interested parties; and  
(c) lay a statement before the House of Commons setting out the reasons for deciding not to give 
effect to the preliminary susp ension decision.  
  (12) Where the application of a definitive safeguarding remedy is suspended under this 
Part, the period of suspension counts towards the specified period of the definitive safeguarding 
remedy as stated in the relevant public notice.  
 Application for suspension  
40.—(1) An application for suspension of a definitive safeguarding remedy (a 
"suspension application") in accordance with regulation 39 (suspension of a definitive 
safeguarding remedy) may be made by or on behalf of an interested party.  
  (2) A suspension application must include as far as possible information regarding — 
(a) the change in the market conditions;  
(b) the temporary nature of that change; and  
(c) the effect of the change on UK producers.  
  (3) Where  a suspen sion application is withdrawn by the applicant, the Secretary of State 
may still consider whether it is appropriate to make a preliminary suspension decision (see 
regulation  39). 
  G/SG/N/1/GBR/1/Suppl.2  
- 34 - 
  Period of suspension  
41.—(1) The period of suspension referred to in regula tion 39(1) must not exceed nine 
months commencing on the day after the publication of the notice under section  13 of 
the Act giving effect to the suspension.  
  (2) Following  an application by an interested party, or where the Secretary of State 
otherwise considers that it is appropriate, the Secretary of State may make a preliminary decision 
that the period of nine months referred to in paragraph (1) be extended to a maximum of 21 months 
("extended period of suspension").  
  (3) Where the Secretary of State makes a preliminary decision in accordance with 
paragraph (2), but the duration of the extended period of suspension is less than 21 months, the 
Secretary of State may make a further preliminary decision to increase the duration of the extended 
period of suspension where the Secretary of State considers it is appropriate to do so, provided that 
the overall duration of the extended period of suspension does not exceed 21 month s. 
  (4) Where  the Secretary of State rejects an application for an extension of the period 
of suspension, the Secretary of State must notify the applicant.  
  (5) Where  the Secretary of State decides that it is not appropriate to make a preliminary 
decision to extend the period of suspension, the Secretary of State must — 
(a) publish  a notice of the decision and the reasons for it; and  
(b) notify  interested parties.  
  (6) Where the Secretary of State decides that it is appropriate to make a preliminary 
decision to extend the period of suspension, the preliminary decision must include — 
(a) the reasons for the preliminary decision;  
(b) the extended period of suspension, whic h must begin on the day after the date of publication of 
the public notice under section 13 of the Act giving effect to the preliminary decision; and  
(c) any other information the Secretary of State considers relevant.  
  (7) If the Secretary of State makes  a preliminary decision in accordance with this 
regulation, the Secretary of State must decide whether to give effect to the preliminary decision.  
  (8) The Secretary of State may only decide not to give effect to a preliminary decision 
where the Secretary  of State considers that it is not in the public interest to give effect to it.  
  (9) Where the Secretary of State decides not to give effect to a preliminary decision, 
the Secretary of State must — 
(a) publish  a notice containing the information referred t o in paragraph 14 of the Schedule;  
(b) notify  interested parties; and  
(c) lay a statement before the House of Commons setting out the reasons for deciding not to give 
effect to the preliminary decision.  
 Reinstatement of a definitive safeguarding remedy  
42.—(1) The Secretary of State may make a preliminary decision to reinstate a 
definitive safeguarding remedy where the Secretary of State decides that the 
circumstances in regulation 39(4) no longer exist.  G/SG/N/1/GBR/1/Suppl.2  
- 35 - 
    (2) Where the Secretary of State makes a preliminary decision in accordance with this 
regulation, the preliminary  decision must include — 
(a) the reasons for the Secretary of State's decision that the circumstances in regulation 39(4) no 
longer exist; and  
(b) any other information the Secretary of State considers relevant.  
  (3) If the Secretary of State makes a preliminary decision under paragraph (1), the 
Secretary of State must decide whether to give effect to the preliminary decision.  
  (4) Where  the Secreta ry of State decides to give effect to the preliminary decision, the 
Secretary of State must — 
(a) publish  a notice under section 13 of the Act containing the information referred to in 
paragraph  15 of the Schedule; and  
(b) notify  interested parties.  
  (5) The Secretary of State may only decide not to give effect to a preliminary decision 
where the Secretary of State considers that it is not in the public interest to give effect to it.  
  (6) Where the Secretary of State decides not to give effect to a pr eliminary decision, 
the Secretary of State must — 
(a) publish  a notice containing the information set out in paragraph 15 of the Schedule;  
(b) notify  interested parties; and  
(c) lay a statement before the House of Commons setting out the reasons for deciding not to give 
effect to the preliminary decision. ". 
 
Further modifications to Part 8  
 71. Regulation 43 (developing country exception) has effect as if, in paragraph (1), for 
"recommend the application of", there were substituted "make a preliminary  decision to apply".  
 72. Regulation 44 (other exception) has effect as if — 
(a) in paragraph (1)(a), for "recommendation", there were substituted "preliminary decision";  
(b) in paragraph (1)(b) for "its", in both places where it occurs, there were substitu ted "the Secretary 
of State's".  
Further modifications to Part 9  
 73. Regulation 48 (treatment of tariff rate quotas under this Part etc) has effect as if, in 
paragraph (1) — 
(a) for "the Secretary of State's acceptance of a recommendation made by the TRA", there were 
substituted "a decision by the Secretary of State to give effect to a preliminary decision made"; and  
(b) for "acceptance", there were substituted "decision".  
 74. Regulation 49 (review of tariff rate quotas under this Part) has effect as if — 
(a) for paragraphs (1) to (3) of that regulation, there were substituted — G/SG/N/1/GBR/1/Suppl.2  
- 36 - 
    "(1) The Secretary of State must conduct a review (referred to in this Part as the 
"transition revie w") of the application of the tariff rate quotas applicable to goods under this Part.  
  (2) The Secretary of State may initiate the transition review within any time period that 
the Secretary of State considers appropriate.  
  (3) Upon initiating the transi tion review, the Secretary of State must publish a notice of 
initiation of the review, which must contain — 
(a) details  of the content of the public notice referred to in regulation 47(2);  
(b) the information referred to in paragraph 9 of the Schedule.";  
(b) paragraph  (10)(b) were omitted; and  
(c) after paragraph (10), there were inserted — 
"(11) The Secretary of State may initiate the review referred to in paragraph (10)(a) 
within any time period that the Secretary of State considers appropriate.".  
 75. Regulation 50 (determinations of the TRA) has effect as if — 
(a) for "determination" or "determinations", in each place where these occur, including the heading 
of that regulation, there were substituted "preliminary decision" or "prelim inary decisions", as the 
case may be;  
(b) in paragraph (5), after "unvaried" there were inserted ", be varied, or be replaced by a 
safeguarding amount"; and  
(c) after paragraph (7), there were inserted — 
"(8) Where the Secretary of State makes a preliminary  decision that the application of 
a tariff rate quota to goods be varied, that variation must ensure that the pace of 
liberalisation is maintained or increased.  
 (9) Any preliminary decision made by the Secretary of State that the application of a tariff 
rate quota to goods be varied or replaced with a safeguarding amount must be such as the Secretary 
of State is satisfied facilitates the adjustment of UK producers of the like goods and directly 
competitive goods to the importation of the goods in i ncreased quantities.  
  (10) Where the Secretary of State makes a preliminary decision referred to in 
paragraph  (2) or (4)(b) to (d), that decision must include — 
(a) a description  of the goods to which the decision relates;  
(b) the reasons for the decision;  
(c) where  relevant, the period for which the tariff rate quota (or a safeguarding amount) should now 
be applicable;  
(d) any other information the Secretary of State considers relevant.".  
 76. Regulations 51 (TRA's recommendations to the Secretary of State ) and 52 (acceptance or 
rejection of the TRA's recommendation by the Secretary of State) have effect as if, for those 
regulations (including the headings) there were substituted — 
 "Secretary of State's decision whether to give effect to a preliminary decis ion 
following the conclusion of a transition review  G/SG/N/1/GBR/1/Suppl.2  
- 37 - 
    51.—(1) The Secretary of State must, following the making of a preliminary decision 
referred to in regulation 50(2) or (4)(b) to (d) (preliminary decisions of the Secretary of State) 
decide whether to g ive effect to the preliminary decision.  
   (2) The Secretary of State may only decide not to give effect to the preliminary 
decision where the Secretary of State is satisfied that it is not in the public interest to give effect to 
it. 
   (3) Where  the Secretary of State decides not to give effect to the preliminary 
decision, the Secretary of State must — 
(a) publish  a notice of the decision which contains the following information — 
 (i) a description  of the goods to which the notice relates;  
 (ii) a summary  of the review;  
 (iii) the preliminary decision;  
 (iv) the reasons for the preliminary decision;  
 (v) the reasons  for the Secretary of State's decision not to give effect to the preliminary 
decision;  
(b) notify  interested parties; and  
(c) lay a statement before the House of Commons setting out the reasons for deciding not to give 
effect to the preliminary decision.  
   (4) Where the Secretary of State decides to give effect to the preliminary decision, 
the Secretary of State must— 
(a)make  provisio n by public notice to give effect to the preliminary decision; and  
(b)notify  interested parties.  
   (5) The notice referred to in paragraph (4)(a) must contain the following 
information — 
(a) the information referred to in sub -paragraphs (i) to (iv) of para graph (3)(a);  
(b) where  relevant, the revised amount of the tariff rate quota;  
(c) where  relevant, the allocation or revised allocation of the tariff rate quota;  
(d) where  relevant, the revised additional rate of import duty;  
(e) where  relevant, the revised period for which such goods will be subject to a tariff rate quota;  
(f) details of the exclusion of any goods from the application of the tariff rate quota;  
(g) where re levant, details of the safeguarding amount that is to be applied in place of a tariff rate 
quota and the period for which such amount will apply.  
   (6) A period  referred to in (5)(e) or (g) must begin on the day after the publication 
of the public notice. ". 
 
 G/SG/N/1/GBR/1/Suppl.2  
- 38 - 
  Further modifications to the Schedule  
 77. Paragraph 2 (notice of initiation of an investigation) of the Schedule has effect as if, for 
"paragraph 7(6)(b) of Schedule 5 to the Act", there were substituted "paragraph 7(6)(c) of 
Schedule  5 to the Act".  
Further modifications to the Schedule  
 78. Paragraph 3 (notice of a provisional affirmative determination with no recommendation 
regarding a provisional safeguarding remedy) of the Schedule has effect as if — 
(a) in the heading before that paragraph, for "r ecommendation", there were substituted "preliminary 
decision"; and  
(b) in sub -paragraph (e), for "recommendation", there were substituted "preliminary decision".  
Further modifications to the Schedule  
 79. Paragraph 4 (notice of the Secretary of State accep ting or rejecting a recommendation by 
the TRA regarding a provisional safeguarding remedy) of the Schedule has effect as if — 
(a) in the heading before that paragraph, for "accepting or rejecting a recommendation by the TRA", 
there were substituted "deciding to give effect, or not to give effect, to a preliminary decision";  
(b) in sub -paragraph (d), for "recommendation", there were substituted "preliminary decision";  
(c) in sub -paragraph (e), for "accepts the TRA's recommendation", there were substituted "decides 
to give effect to the preliminary decision"; and  
(d) in sub -paragraph (f) — 
 (i) for "rejects the TRA's recommendation", there were substituted "decides not to give effect 
to the preliminary decision"; and  
 (ii) for "rejection", there were substituted "decision".  
 80. Paragraph 5 (notice of a final affirmative determination with no recommendation regarding 
a definitive safeguarding remedy) of the Schedule has effect as if — 
(a) in the heading before that paragr aph, for "recommendation", there were substituted "preliminary 
decision"; and  
(b) in sub -paragraph (e), for "recommendation", there were substituted "preliminary decision".  
 81. Paragraph 6 (notice of the Secretary of State accepting or rejecting a recomme ndation by 
the TRA on a definitive safeguarding remedy) of the Schedule has effect as if — 
(a) in the heading before that paragraph, for "accepting or rejecting a recommendation by the TRA", 
there were substituted "deciding to give effect, or not to give ef fect, to a preliminary decision";  
(b) in sub -paragraph (d), for "recommendation", there were substituted "preliminary decision";  
(c) in sub-paragraph (e), for "accepts the TRA's recommendation", there were substituted "decides 
to give effect to the preliminary decision"; and  
(d) in sub -paragraphs (f) and (g)  — 
 (i) for "rejects the TRA's recommendation", there were substituted "decides no t to give effect 
to the preliminary decision"; and  
 (ii) for "rejection", there were substituted "decision".  G/SG/N/1/GBR/1/Suppl.2  
- 39 - 
   82. Paragraphs 10 (notice of the Secretary of State accepting or rejecting a recommendation 
by the TRA on the variation of a definitive safeguardi ng remedy) and 11 (notice of the Secretary of 
State accepting or rejecting a recommendation by the TRA to revoke the application of a definitive 
safeguarding remedy) of the Schedule have effect as if — 
(a) in the headings before those paragraphs, for "accep ting or rejecting a recommendation by the 
TRA", there were substituted "deciding to give effect, or not to give effect, to a preliminary decision";  
(b) in sub -paragraphs (c) and (d), in each case, for "recommendation", there were substituted 
"preliminary d ecision";  
(c) in sub -paragraph (e), in each case, for "accepts the TRA's recommendation", there were 
substituted "decides to give effect to the preliminary decision"; and  
(d) in sub-paragraph (f), in each case — 
 (i) for "rejects the TRA's recommendation", there were substituted "decides not to give effect 
to the preliminary decision"; and  
 (ii) for "rejection", there were substituted "decision".  
 83. Paragraph 12 (notice of termination of a review) of the Schedule has effect as if, for 
"regulation 37(5)(a)", there were substituted "regulation 37(2)(b)".  
 84. Paragraph 13 (notice of the Secretary of State accepting or rejecting a recommendation 
by the TRA regarding suspension of a definitive safeguarding remedy) of the Schedule has effect as 
if— 
(a) in the heading before that paragraph, for "accepting or rejecting the TRA's recommendation", 
there were substituted "deciding to give effect, or not to give  effect, to a preliminary decision";  
(b) in sub-paragraphs (b) and (c) for "recommendation", in each place this occurs, there were 
substituted "preliminary decision";  
(c) in sub-paragraph (d), for "accepts the TRA's recommendation", there were substituted "decides 
to give effect to the preliminary decision"; and  
(d) in sub-paragraph (e) — 
 (i) for "rejects the TRA's recommendation", there were substituted "decides not to give effect 
to the preliminary decision"; and  
 (ii) for "rejection", there were substituted "decision".  
 85. Paragraph 14 (notice of the Secretary of State accepting or rejecting a recommendation 
by the TRA regarding extension of the period of suspension) of the Schedule has effect as if — 
(a) in the heading before that paragraph, for "accepting or rejecting recommendation by the TRA", 
there were substituted "deciding to give effect, or not to give effect, to a preliminary decision";  
(b) in sub -paragraphs (b) and (c), for "recommendation", there were substituted "preliminary 
decision";  
(c) in sub -paragraph (d), for "accept or reject the recommendation", there were substituted "give 
effect, or not to give effect, to the preliminary decision";  
(d) in sub -paragraph (e), for "accepts the TRA's recommendation", there were substituted "decides  
to give effect to the preliminary decision"; and  
(e) in sub -paragraph (f)  — G/SG/N/1/GBR/1/Suppl.2  
- 40 - 
   (i) for "rejects the TRA's recommendation", there were substituted "decides not to give effect 
to the preliminary decision"; and  
 (ii) for "rejection", there were substituted "de cision".  
86. Paragraph 15 (notice of the Secretary of State accepting or rejecting a recommendation by the 
TRA regarding reinstatement of a definitive safeguarding remedy) of the Schedule has effect as if — 
(a) in the heading before that paragraph, for "acc epting or rejecting a recommendation by the TRA", 
there were substituted "deciding to give effect, or not to give effect, to a preliminary decision";  
(b) in sub -paragraph (b) — 
 (i) for "recommendation", the first time it occurs, there were substituted "pre liminary 
decision";  
 (ii) for "recommendation", the second time it occurs, there were substituted "decision";  
(c) in sub -paragraph (c), for "accept or reject the recommendation", there were substituted "give 
effect, or not to give effect, to the preliminar y decision";  
(d) in sub-paragraph (d) — 
 (i) for "accepts the TRA's recommendation", there were substituted "decides to give effect to 
the preliminary decision"; and  
 (ii) in paragraph (ii), for "recommendation", there were substituted "preliminary decision"; 
and 
(e) in sub-paragraph (e) — 
 (i) for "rejects the TRA's recommendation", there were substituted "decides not to give effect 
to the preliminary decision"; and  
 (ii) for "rejection", there were substituted "decision".  
Signed by the authority of the Secretary of State for International Trade  
Graham Stuart  
Parliamentary Under -Secretary of State for Investment  
Department for International Trade  
At 5.04 p.m. on 4th March 2019  
SCHEDULE  
Regulations 21, 30, 34, 35, 37 to 39,41, 42 and 49  
 
Content of an application for the initiation of an investigation  
 1. For the purpose of regulation 21(1), the information to be contained in an application for 
the initiation of an investigation is — 
(a) the contact details of the applicant UK producers;  
(b) a description of the goods in relation to which the applicant UK producers are requesting an 
investigation, including their — 
 (i) technical  characteristics;  G/SG/N/1/GBR/1/Suppl.2  
- 41 - 
   (ii) current  tariff classification;  
(c) a description of the like goods and directly competitive  goods;  
(d) details of all known UK producers of the like goods and directly competitive goods (see 
paragraphs 4 and 5 of Schedule 5 to the Act), or associations of such UK producers;  
(e) the level of UK producers' support for or opposition to the application, including — 
 (i)the total volume and value of production in the United Kingdom of the like goods and directly 
competitive goods;  
 (ii)the applicant UK producer's volume and value of production in the United Kingdom of the 
like goods and directl y competitive goods;  
 (iii)the volume and value of production in the United Kingdom of the like goods and directly 
competitive goods by each identified UK producer, or associations of such UK producers;  
 (iv)each identified UK producer's support or opposit ion to the application;  
(f) a description of the increased imports alleged to exist, including whether such increase is 
absolute, relative to domestic production or both;  
(g) information relevant to the existence of serious injury to the UK producers of th e goods identified, 
for the three calendar years preceding the application, and any more recent partial -year data;  
(h) information on relevant unforeseen developments that led to the alleged increased imports of 
the goods identified;  
(i) a statement giving  specific reasons for requesting a provisional safeguarding remedy or definitive 
safeguarding remedy;  
(j) information that the market share requirement is met;  
(k) if a provisional safeguarding remedy is requested — 
 (i)information  regarding critical circumstances where delay in taking action would cause 
damage to UK producers which would be difficult to repair; and  
 (ii)a statement  indicating the level of tariff increase requested as the remedy.  
Notice of initiation of an investiga tion 
 2. The information to be contained in a notice referred to in paragraph 7(6)(b) of Schedule 5 
to the Act is — 
(a) where applicable, the contact details of the applicant UK producers, unless the TRA is treating 
such information as confidential in accor dance with regulation 16 (confidential information);  
(b) the date of initiation of the investigation;  
(c) a description of the goods concerned;  
(d) a description of the like goods and directly competitive goods;  
(e) where applicable, a description of the U K producers on behalf of which the application is made;  
(f) a summary of the factors on which the allegations of increased imports and serious injury caused 
by the increased imports are based, including a summary of the unforeseen developments that led 
to the alleged increased imports of the goods;  G/SG/N/1/GBR/1/Suppl.2  
- 42 - 
  (g) the period of investigation;  
(h) a summary of the investigation process;  
(i) the address of the TRA to which comments by interested parties or persons with sufficient interest 
in the investigation are to be delivered, or the means by which such comments are to be delivered;  
(j) details of a registration period during which interested parties, or any other person, may make 
themselves known to the TRA;  
(k) a statement that interested par ties may request the TRA to conduct a hearing.  
Notice of a provisional affirmative determination with no recommendation regarding a 
provisional safeguarding remedy  
 3. The information to be contained in a notice referred to in paragraph 11(9) of Schedule 5  to 
the Act is — 
(a) a description of the goods to which the notice relates;  
(b) a summary of the investigation to date and the expected future stages of the investigation;  
(c) the date of publication of the notice;  
(d) the reasons for the TRA's provisional  affirmative determination, where such notice is published 
under paragraph 11(9)(a) of Schedule 5 to the Act;  
(e) the reasons why the TRA has determined that there is no recommendation that it could make 
under paragraph 11(3) of Schedule 5 to the Act, wher e such notice is published under 
paragraph  11(9)(b) of Schedule 5 to the Act.  
Notice of the Secretary of State accepting or rejecting a recommendation by the TRA 
regarding a provisional safeguarding remedy  
 4. The information to be contained in a notice re ferred to in paragraph 14(3)(a), (4)(a), 
15(3)(a) or (4)(a) of Schedule 5 to the Act is — 
(a) a description of the goods to which the notice relates;  
(b) a summary of the investigation to date and the expected future stages of the investigation;  
(c) the reasons for the TRA's provisional affirmative determination;  
(d) the reasons for the TRA's recommendation regarding a provisional safeguarding remedy;  
(e) where the Secretary of State accepts the TRA's recommendation, that such notic e is a public 
notice made under section 13 of the Act;  
(f) where the Secretary of State rejects the TRA's recommendation, the reasons for the Secretary 
of State's rejection.  
Notice of a final affirmative determination with no recommendation regarding a def initive 
safeguarding remedy  
 5. The information to be contained in a notice referred to in paragraph 16(11) of Schedule 5 
to the Act is — 
(a) a description of the goods to which the notice relates;  
(b) a summary of the investigation;  G/SG/N/1/GBR/1/Suppl.2  
- 43 - 
  (c) the date the notice  comes into effect;  
(d) the reasons for the final affirmative determination, where such notice is published under 
paragraph 16(11)(a) of Schedule 5 to the Act;  
(e) the reasons why the TRA has determined that there is no recommendation that it could make 
under paragraph 16(3) of Schedule 5 to the Act, where such notice is published under 
paragraph  16(11)(b) of Schedule 5 to the Act.  
Notice of the Secretary of State accepting or rejecting a recommendation by the TRA on a 
definitive safeguarding remedy  
 6. The information to be contained in a notice referred to in paragraph 19(3)(a), (4)(a), 
20(3)(a) or (4)(a) of Schedule 5 to the Act is — 
(a) a description of the goods to which the notice relates;  
(b) a summary of the investigation;  
(c) the reasons for the TRA's final affirmative determination;  
(d) the reasons for the TRA's recommendation on a definitive safeguarding amount or tariff rate 
quota;  
(e) where the Secretary of State accepts the TRA's recommendation — 
 (i) that such notice is a public notice made u nder section 13 of the Act;  
 (ii) a specified  period for which the definitive safeguarding remedy is applicable (see 
paragraph  17(2) or 18(2) of Schedule 5 to the Act);  
 (iii)details  of exceptions of goods from the application of the definitive safeguardin g remedy, 
if any;  
(f) where a provisional safeguarding remedy is in force and the Secretary of State rejects the TRA's 
recommendation — 
 (i) that such notice is a public notice made under section 13 of the Act;  
 (ii) the reasons for the Secretary of State's  rejection;  
(g) where a provisional safeguarding remedy is not in force and the Secretary of State rejects the 
TRA's recommendation, the reasons for the Secretary of State's rejection.  
Notice of a final negative determination  
 7. The information to be contained in a notice referred to in paragraph 9(7)(a) of Schedule 5 
to the Act is — 
(a) a summary of the investigation;  
(b) the date the notice comes into effect;  
(c) the TRA's reasons for its determination.  
Notice of termination  
 8. The information to be contained in a notice referred to in regulation 30(3)(a)  is— 
(a) a summary of the investigation to date;  G/SG/N/1/GBR/1/Suppl.2  
- 44 - 
  (b) the date the notice comes into effect;  
(c) the reasons for termination.  
Notice of initiation of a review  
 9. The information to be contained in a notice referred to in regulation 34(2)(a) , 35(5)(a)  or 
49(3)(b)  is— 
(a) details of the content of the relevant public notice made under section 13 of the Act to which the 
review relates;  
(b) where applicable, the conta ct details for or on behalf of the review applicant, unless the TRA is 
treating such information as confidential in accordance with regulation 16 (confidential information);  
(c) the name of any person importing or exporting the goods subject to review;  
(d) the type of review initiated;  
(e) the date of initiation of the review;  
(f) the description of the goods subject to review; and  
(g) the period of investigation for the review;  
(h) where applicable, a description of the UK producers on behalf of which the review application is 
made;  
(i) a summary of the reasons for initiating a review;  
(j) a summary of the issue involved in the review;  
(k) a summary of the review process;  
(l) the address of the TRA to which comments by interested parties and persons with su fficient 
interest in the review is to be delivered, or the means by which such comments are to be delivered;  
(m) details of a registration period during which interested parties, or any other person, may make 
themselves known to the TRA; and  
(n) a statemen t that interested parties may request that the TRA conduct a hearing.  
Notice of the Secretary of State accepting or rejecting a recommendation by the TRA on 
the variation of a definitive safeguarding remedy  
 10. The information to be contained in a notice referred to in paragraph 21(7)(a) of Schedule  5 
to the Act or regulation 38(3)(a)  is— 
(a) a description of the goods to which the notice relates;  
(b) a summary of the review;  
(c) the TRA's recommendation;  
(d) the reasons for the TRA's recommendation ; 
(e) where the Secretary of State accepts the TRA's recommendation — 
 (i) that such notice is a public notice made under section 13 of the Act;  G/SG/N/1/GBR/1/Suppl.2  
- 45 - 
   (ii) a specified  period during which the varied definitive safeguarding remedy is applicable;  
 (iii)details  of exceptions of goods from the application of the definitive safeguarding remedy, 
if any;  
(f) where the Secretary of State rejects the TRA's recommendation, the reasons for the Secretary 
of State's rejection.  
Notice of the Secretary of State accepting or rej ecting a recommendation by the TRA to 
revoke the application of a definitive safeguarding remedy  
 11. The information to be contained in a notice referred to in paragraph 21(7)(a) of Schedule  5 
to the Act or regulation 38(3)(a)  is— 
(a) a description of the  goods to which the notice relates;  
(b) a summary of the review;  
(c) the TRA's recommendation;  
(d) the reasons for the TRA's recommendation;  
(e) where the Secretary of State accepts the TRA's recommendation — 
 (i) that such notice is a public notice made under section 13 of the Act;  
 (ii) the date that the revocation takes effect, which must be the day after the date of 
publication of the notice;  
(f) where the Secretary of State rejects the TRA's recommendation, the reasons for the Secretary 
of State' s rejection.  
Notice of termination of a review  
 12. The information to be contained in a notice referred to in regulation 37(5)(a)  or 49(10)(c)  
is— 
(a) a summary of the review to date;  
(b) the date the notice comes into effect;  
(c) the reasons for terminat ion. 
Notice of the Secretary of State accepting or rejecting a recommendation by the TRA 
regarding suspension of a definitive safeguarding remedy  
 13. The information to be contained in a notice referred to in paragraph 24(6)(a) of Schedule 
5 to the Act or regulation 39(11)(a)  is— 
(a) a description of the goods to which the notice relates;  
(b) the TRA's recommendation;  
(c) the reasons for the TRA's reco mmendation;  
(d) where the Secretary of State accepts the TRA's recommendation — 
 (i) that such notice is a public notice made under section 13 of the Act;  
 (ii)the period  of suspension;  G/SG/N/1/GBR/1/Suppl.2  
- 46 - 
  (e) where the Secretary of State rejects the TRA's recommendation, the reasons for the Secretary 
of State's rejection.  
Notice of the Secretary of State accepting or rejecting a recommendation by the TRA 
regarding extension of the period of suspension  
 14. The information to be contained in a notice referre d to in regulation 41(9)(a)  is— 
(a) a description of the goods to which the notice relates;  
(b) the TRA's recommendation;  
(c) the reasons for the TRA's recommendation;  
(d) the Secretary of State's decision to accept or reject the recommendation and the rea sons for the 
decision;  
(e) where the Secretary of State accepts the TRA's recommendation — 
 (i) that such notice is a public notice made under section 13 of the Act;  
 (ii) the extended period of suspension;  
(f) where the Secretary of State rejects the TRA's  recommendation, the reasons for the Secretary 
of State's rejection.  
Notice of the Secretary of State accepting or rejecting a recommendation by the TRA 
regarding reinstatement of a definitive safeguarding remedy  
 15. The information to be contained in a n otice referred to in regulation 42(4)(a)  or (6)( a) 
is— 
(a) a description of the goods to which the notice relates;  
(b) the TRA's recommendation and the reasons for the recommendation;  
(c) the Secretary of State's decision to accept or reject the recommendation and the reasons for the 
decision;  
(d) where the Secretary of State accepts the TRA's recommendation — 
 (i) that such notice is a public notice made under section 13 of the Act;  
 (ii) the date that the reinstatement takes effect, which must be the day after the date of 
publication of the public notice under section 13 of the Act giving effect to the recommendation;  
(e) where the Secretary of State rejects the TRA's recommendation, the reas ons for the Secretary 
of State's rejection.  
__________  