The Trade Remedies (Amendment) (EU Exit) (No. 2) Regulations 2020

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations, which come into force on 5th August 2020, amend the statutory instruments implementing the United Kingdom trade remedies system.

Part 2 amends the Trade Remedies (Increase in Imports Causing Serious Injury to UK Producers) (EU Exit) Regulations 2019 (S.I. 2019/449, as amended). In summary,—

• regulation 3 substitutes regulation 35B(8) (which was inserted by regulation 6 of S.I. 2020/99 and relates to a determination of the Trade Remedies Authority to vary a tariff rate quota) in consequence of a concern raised with the Department for International Trade by the Select Committee on Statutory Instruments;

• regulation 4 amends regulation 42B (which was inserted by regulation 10 of S.I. 2020/99 and relates to the suspension of a definitive safeguarding amount) to correct a misplaced cross-reference;

• regulation 5 amends regulation 44 (which relates to the exception of goods) to confer discretion on the Trade Remedies Authority to except from the scope of its safeguarding assessment, determination, or recommendation the goods originating from any foreign country or territory which is a signatory to a qualifying free trade agreement (see paragraph (2) of that regulation for conditions);

• regulations 6 to 10 amend Part 9 (which relates to transitional provisions) to—

  • substitute the definition of “EU Regulation” to incorporate amendments made by the European Commission to Commission Implementing Regulation (EU) 2019/159 of 31 January 2019 imposing definitive safeguard measures against imports of certain steel products (OJ No. L 31, 1.2.2019, p. 27);

  • ensure the tariff rate quotas made applicable to goods under Part 9 apply on and after replacement day (which is the day and time at which any European Union trade duty ceases to have effect in the United Kingdom) and that any public notice imposing those tariff rate quotas is made no later than the end of the day before replacement day;

  • narrow the discretion conferred on the Trade Remedies Authority to terminate a transition review;

  • provide for the Trade Remedies Authority to consider, to determine, and to recommend to the Secretary of State the reduction or extension of the period for which the tariff rate quotas are applicable to goods;

  • clarify that the Trade Remedies Authority may consider imports into the United Kingdom of relevant steel products since, and not only during, the investigation period considered by the European Commission in order to consider whether it is appropriate to reduce or extend the period for which those steel products are subject to a tariff rate quota;

  • require provision by public notice imposing the tariff rate quotas to give effect to any recommendation the Secretary of State accepts before that provision is made;

• regulation 11 amends regulation 70A (which was inserted by regulation 14 of S.I. 2020/99 and relates to modifications to Part 7A) in consequence of the correction made to regulation 42B (see regulation 4); and

• regulations 12 and 13 amend Part 10 (which relates to modifications to Part 9) to allow the Secretary of State to exercise the functions of the Trade Remedies Authority set out in these Regulations until such time the Trade Remedies Authority is established; and

• regulation 14 omits regulation 86A (which was inserted by regulation 15 of S.I. 2020/99 and relates to modifications to paragraph 17 of the Schedule) because it is ineffective.

Part 3 amends the Trade Remedies (Dumping and Subsidisation) (EU Exit) Regulations 2019 (S.I. 2019/450, as amended). In summary,—

• regulation 17 amends regulation 88B (which was inserted by regulation 20 of S.I. 2020/99 and relates to the suspension of a definitive safeguarding amount) to correct a misplaced cross-reference;

• regulation 18 substitutes regulations 95 and 95A (which relate to investigations before replacement day) to allow the Trade Remedies Authority to initiate a dumping investigation or a subsidisation investigation which is requested by United Kingdom industry before replacement day but only to the extent the application relates to goods which are the subject of a corresponding investigation being conducted by European Commission at the time the application is made;

• regulation 19 amends regulation 130A (which was inserted by regulation 33 of S.I. 2020/99 and relates to modifications to Part 9A) in consequence of the correction made to regulation 88B (see regulation 17); and

• regulation 20 omits regulation 141A (which was inserted by regulation 34 of S.I. 2020/99 and relates to modifications to Schedule 5A) because it is ineffective.

Part 4 amends the Trade Remedies (Reconsideration and Appeals) (EU Exit) Regulations 2019 (S.I. 2019/910, as amended). In summary,—

• regulation 22 amends regulation 30 (which relates to modifications to Schedule 1) to clarify that a preliminary decision made at any time by the Secretary of State in relation to the transition review is subject to reconsideration (and not only a preliminary decision following the transition review);

• regulation 23 amends Schedule 1 (which sets out the determinations or the recommendations of the Trade Remedies Authority subject to reconsideration) to clarify that a recommendation made at any time by the Trade Remedies Authority in relation to the transition review is subject to reconsideration (and not only a recommendation following the transition review); and

• regulation 24 amends Schedule 2 (which sets out the determinations of the Secretary of State subject to appeal) to clarify that a determination made at any time by the Trade Remedies Authority in relation to the transition review is subject to appeal (and not only a determination following the transition review).

A notice referred to in these Regulations which is published by the Secretary of State will be available to view online at https://www.gov.uk/business-and-industry/importing.

A notice referred to in these Regulations which is published by the Trade Remedies Authority will be available to view online at https://www.trade-remedies.service.gov.uk/.

An impact assessment has not been prepared for this instrument as the expected impact of the trade remedies system has already been assessed in the impact assessment accompanying the Taxation (Cross-border Trade) Act 2018 (c. 22).

A copy of the Explanatory Memorandum is published alongside this instrument at http://www.legislation.gov.uk/.