Statutory Instruments
Exiting The European Union
Customs
Made
30th January 2020
Laid before the House of Commons
3rd February 2020
Coming into force
1st March 2020
The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 51(1)(b), 56(1), (6), and (7) of, and paragraphs 10(1), 21(1), 22(1), 30, and 31(1) of Schedule 4 to, and paragraphs 21(1), 22(1), 24(1), 25(2), 29, and 30(1) of Schedule 5 to, the Taxation (Cross-border Trade) Act 2018(1).
1. These Regulations may be cited as the Trade Remedies (Amendment) (EU Exit) Regulations 2020 and come into force on 1st March 2020.
2. This Part amends the Trade Remedies (Increase in Imports Causing Serious Injury to UK Producers) (EU Exit) Regulations 2019(2).
3. In regulation 2—
(a)after the definition of “directly competitive goods”, insert—
““discontinuation review” has the meaning given by regulation 35A (discontinuation review);”;
(b)after the definition of “statement of reasons”, insert—
““a TRQ review” has the meaning given by regulation 35B (tariff rate quota review);”.
4. In regulation 34(4)(b), omit “in respect of its level, form or pace of liberalisation”.
5. In regulation 35(8)—
(a)in sub-paragraph (a), for “maintained or increased” substitute “varied”;
(b)in sub-paragraph (b), omit “the form of”.
6. After regulation 35, insert—
35A.—(1) The TRA may conduct a review to consider whether a definitive safeguarding remedy should be revoked (a “discontinuation review”) where it is satisfied that there is sufficient information indicating that—
(a)there may have been a lasting change of circumstances since the application of the relevant definitive safeguarding remedy; and
(b)as a result, UK producers may no longer be suffering serious injury, or may cease to suffer such injury if the relevant definitive safeguarding remedy is revoked.
(2) The TRA may initiate a discontinuation review on its own initiative.
(3) Where the TRA initiates a discontinuation review, the TRA must—
(a)publish a notice of its decision to initiate that review (a “notice of initiation of a review”) containing the information set out in paragraph 9 of the Schedule; and
(b)notify the Secretary of State and interested parties.
(4) In conducting a discontinuation review, the TRA—
(a)must determine whether—
(i)there has been a lasting change of circumstances since the application of the relevant definitive safeguarding remedy; and
(ii)UK producers have ceased to suffer serious injury or would not suffer such injury if the relevant definitive safeguarding remedy is revoked; and
(b)may take into account any factors that it considers relevant.
(5) Following a discontinuation review, the TRA may determine that the application to goods of a definitive safeguarding remedy subject to review should be—
(a)maintained in accordance with the relevant public notice made under section 13 of the Act; or
(b)revoked.
35B.—(1) The TRA may conduct a review to consider whether a tariff rate quota to which goods are subject should be varied (a “TRQ review”) where it is satisfied that there is sufficient information indicating that there may have been a change of circumstances (see paragraph (9)) since the application of that tariff rate quota to those goods.
(2) The TRA may initiate a TRQ review—
(a)following the receipt of an application made by or on behalf of an interested party (a “TRQ review application”); or
(b)on its own initiative.
(3) The TRA may reject a TRQ review application if it is made before the end of the period of six months beginning with the conclusion of—
(a)an investigation conducted under Part 5;
(b)a mid-term review;
(c)an extension review; or
(d)the transition review (under Part 9) in respect of the same tariff rate quota.
(4) The TRA may reject a TRQ review application if it is not made via the TRA’s case management system.
(5) Where the TRA initiates a TRQ review, the TRA must—
(a)publish a notice of its decision to initiate a TRQ review (a “notice of initiation of a review”) containing the information set out in paragraph 9 of the Schedule; and
(b)notify the Secretary of State and interested parties.
(6) In conducting a TRQ review, the TRA—
(a)need not make any assessments or determinations under Parts 2 to 4;
(b)must determine whether there has been a change in circumstances (see paragraph (9)) since the application of the relevant tariff rate quota; and
(c)may consider—
(i)whether the amount or allocation of the tariff rate quota is appropriate for domestic market conditions;
(ii)the desirability of maintaining, as far as possible, traditional trade flows;
(iii)any other factors that it considers relevant.
(7) Following a TRQ review, the TRA may determine that the tariff rate quota to which goods are subject should be—
(a)maintained in accordance with the relevant public notice made under section 13 of the Act;
(b)varied; or
(c)where there is sufficient evidence that UK producers have ceased production of those goods, revoked.
(8) The TRA must not vary a tariff rate quota by—
(a)reducing the rate of import duty that apply to goods subject to that quota; or
(b)varying the period for which goods are subject to that quota.
(9) For the purposes of paragraphs (1) and (6)(b), a change of circumstances may, among other things, be—
(a)the fact that the tariff rate quota, or any part of the quota, has been exhausted;
(b)a change in demand for the relevant goods;
(c)the effect of an anti-dumping amount or a countervailing amount being applied to the relevant goods or like goods and directly competitive goods in the United Kingdom;
(d)trade diversion in relation to the imposition of anti-dumping, countervailing, safeguard or other trade measures by a foreign country or territory;
(e)the impact of the tariff rate quota on traditional trade flows;
(f)the fact that imports from a developing country member of the WTO which have been excluded from the application of the tariff rate quota can no longer be excluded under regulation 43 (developing country exception);
(g)the fact that imports from a developing country member of the WTO which have not been excluded from the application of the tariff rate quota should be excluded under regulation 43.”.
7. In regulation 36—
(a)in paragraph (4), for “this Part”, substitute “a mid-term review, an extension review or a discontinuation review”;
(b)after paragraph (4), insert—
“(4A) Part 5 applies to a TRQ review to the extent that the TRA considers relevant.”;
(c)after paragraph (5), insert—
“(6) Regulation 43 (developing country exception) applies to a review conducted under this Part, other than a discontinuation review, and, in the application of that regulation to such a review, the references in that regulation—
(a)to the “application of a provisional safeguarding remedy or definitive safeguarding remedy” should be read as the “maintenance, expiry or variation of a safeguarding remedy following a review”; and
(b)to “goods concerned” should be read as “goods subject to review”.”.
8. After regulation 36, insert—
36A.—(1) Where, other than following a TRQ review, the TRA determines that a definitive safeguarding remedy is to be varied under this Part, such variation may, among other things, comprise or include—
(a)the replacement of the application of a definitive safeguarding amount with a tariff rate quota;
(b)the replacement of a tariff rate quota with the application of a definitive safeguarding amount;
(c)the variation of the level or pace of liberalisation.”.
9. In regulation 39(1), omit “some or all of”.
10. After Part 7, insert—
42A.—(1) The Secretary of State may direct the TRA to investigate whether the application to goods of a definitive safeguarding remedy should be maintained, varied, or revoked in light of an international dispute decision(3).
(2) In this Part, “international dispute investigation” means an investigation required by the Secretary of State under paragraph (1).
42B.—(1) The Secretary of State may by public notice suspend the application to goods of a definitive safeguarding remedy for the period it is subject to an international dispute investigation.
(2) The suspension begins the day after the day on which the public notice is published.
(3) The suspension ends the day after the day on which—
(a)the TRA publishes notice under regulation 42F(2); or
(b)the Secretary of State publishes notice under—
(i)paragraph 22(4)(a) of Schedule 5 to the Act;
(ii)regulation 42G(3); or
(iii)regulation 42I(4)(a).
42C.—(1) The TRA must publish notice of its initiation of the international dispute investigation.
(2) The notice must contain the information set out in paragraph 16 of the Schedule.
42D. Parts 2 to 5 apply to the international dispute investigation to the extent the TRA considers relevant.
42E.—(1) The TRA must determine whether the application to goods of the definitive safeguarding remedy should be maintained, varied, or revoked in light of the international dispute decision.
(2) The TRA may make different determinations for different goods or descriptions of goods.
42F.—(1) This regulation applies if the TRA determines the application to goods of a definitive safeguarding remedy should be maintained.
(2) The TRA must publish notice of the determination.
(3) The notice must contain the information set out in paragraph 17 of the Schedule.
42G.—(1) This regulation applies if the TRA determines the application to goods of a definitive safeguarding remedy should be varied.
(2) If the TRA is satisfied the application to goods of a definitive safeguarding remedy in accordance with the determination meets the economic interest test(4), the TRA must recommend to the Secretary of State that the application to goods of the definitive safeguarding remedy should be varied(5).
(3) If the TRA is not satisfied the application to goods of the definitive safeguarding remedy in accordance with the determination meets the economic interest test, the TRA must publish notice of the determination.
(4) A notice under paragraph (3) must contain the information set out in paragraph 17 of the Schedule.
42H.—(1) This regulation applies if the TRA determines the application to goods of a definitive safeguarding remedy should be revoked.
(2) The TRA must recommend to the Secretary of State that the application to goods of the definitive safeguarding remedy is revoked.
42I.—(1) The Secretary of State must accept or reject a recommendation made under regulation 42G(2) or 42H(2).
(2) The Secretary of State must accept a recommendation made under regulation 42G(2) unless the Secretary of State is satisfied—
(a)it is not in the public interest to accept the recommendation; or
(b)the TRA determination that the application to goods of a definitive safeguarding remedy in accordance with the determination to vary meets the economic interest test is not a determination the TRA could reasonably have made.
(3) The Secretary of State must accept a recommendation made under regulation 42H(2) unless the Secretary of State is satisfied it is not in the public interest to accept the recommendation(6).
(4) If the Secretary of State rejects a recommendation, the Secretary of State must—
(a)publish notice of the recommendation and of the rejection of it;
(b)notify interested parties; and
(c)lay a statement before the House of Commons setting out the reasons for rejecting the recommendation.”.
11. In regulation 53—
(a)in paragraph (c), after ““the Secretary of State””, insert “or “Secretary of State” (whichever is appropriate)”;
(b)in paragraph (d), for sub-paragraph (viii), substitute—
“(viii)regulation 35A(3)(a);
(ix)regulation 35B(5)(a);
(x)regulation 42C(1);
(xi)paragraph 7(c) of the Schedule.”.
12. After regulation 67, insert—
“67A. Regulation 35A (discontinuation review) has effect as if—
(a)in paragraph (2), for “its”, there were substituted “the Secretary of State’s”; and
(b)in paragraph (3)(b), “the Secretary of State and” were omitted.
67B. Regulation 35B (tariff rate quota review) has effect as if—
(a)in paragraph (2)(b), for “its”, there were substituted “the Secretary of State’s”; and
(b)in paragraph (5)(b), “the Secretary of State and” were omitted.”.
13. In regulation 70, in the substituted regulation 39(1), omit “some or all of the”.
14. After regulation 70, insert—
70A. Part 7A (investigation in light of an international dispute decision) has effect as if—
(a)for “recommendation”, in each place where this occurs, there were substituted “preliminary decision”;
(b)in regulation 42A—
(i)in paragraph (1), the words “direct the TRA to” were omitted;
(ii)in paragraph (2), for “required” there were substituted “initiated”;
(c)in regulation 42B(3)(b)(iii), after “regulation” there were inserted “42I(3)(a) or”;
(d)in regulations 42G(2) and 42H(2), for “recommend to the Secretary of State” there were substituted “make a preliminary decision”;
(e)for the section heading after regulation 42H and for regulation 42I there were substituted—
42I.—(1) The Secretary of State must decide whether or not to give effect to a preliminary decision made under regulation 42G(2) or 42H(2).
(2) The Secretary of State must decide to give effect to the preliminary decision unless the Secretary of State is satisfied it is not in the public interest to give effect to the preliminary decision.
(3) If the Secretary of State decides to give effect to the preliminary decision, the Secretary of State must—
(a)publish notice of the preliminary decision and of the decision to give effect to it;
(b)notify interested parties;
(c)make provision by public notice under section 13 of the Act to give effect to the preliminary decision.
(4) If the Secretary of State decides not to give effect to the preliminary decision, the Secretary of State must—
(a)publish notice of the preliminary decision and of the decision not to give effect to it;
(b)notify interested parties;
(c)lay a statement before the House of Commons setting out the reasons for which the Secretary of State is satisfied it is not in the public interest to give effect to the preliminary decision.”.”.
15. After regulation 86, insert—
“86A. Paragraph 17 of the Schedule (notice of determination on an international dispute investigation) has effect as if, in sub-paragraph (g), for “recommendation” there were substituted “preliminary decision”.”.
16. In the Schedule—
(a)in paragraph 9, after “35(5)(a)”, insert “35A(3)(a), 35B(5)(a)”;
(b)after paragraph 15, insert—
16. The information referred to in regulation 42C(2) is—
(a)the date of initiation of the investigation;
(b)a description of the goods concerned;
(c)a description of the definitive safeguarding remedy to which the investigation relates;
(d)a summary of the international dispute decision;
(e)a summary of the investigation process; and
(f)any other information the TRA considers relevant.
17. The information referred to in regulation 42F(3)and 42G(4) is—
(a)a description of the goods concerned;
(b)a description of the definitive safeguarding remedy to which the notice relates;
(c)a summary of the investigation;
(d)a summary of the international dispute decision;
(e)the determination made in light of the international dispute decision;
(f)the reason for the determination;
(g)the date of the determination; and
(h)any other information the TRA considers relevant.”.
17. This Part amends the Trade Remedies (Dumping and Subsidisation) (EU Exit) Regulations 2019(7).
18. In regulation 64—
(a)in paragraph (1), omit sub-paragraph (a);
(b)after paragraph (1), insert—
“(1A) The TRA must terminate an investigation in relation to some or all of the goods where, at any stage during the investigation, it determines that the margin of dumping or the amount of subsidy in respect of those goods is minimal.”.
19. In regulation 68, for paragraphs (3) and (4) substitute—
“(3) The TRA must make a determination that an anti-dumping amount or a countervailing amount should be revoked in respect of goods from a particular overseas exporter where, at any stage during a review, it determines that the margin of dumping or the amount of subsidy is minimal.
(4) Where regulation 36(5) applies in respect of goods from a particular overseas exporter (“E”), but an anti-dumping amount or a countervailing amount remains in place for at least one other overseas exporter in respect of such goods, E—
(a)may be subject to a review or subsequent review carried out in respect of the exporting country or territory; and
(b)following the review or subsequent review, may have an anti-dumping amount or a countervailing amount applied or re-applied to those goods.
(4A) Paragraph 4 does not apply where the Secretary of State has accepted a recommendation made by the TRA (see regulation 76) which is in accordance with a determination referred to in paragraph (3).”.
20. After Part 9, insert—
88A.—(1) The Secretary of State may direct the TRA to investigate whether the application to goods of an anti-dumping amount or a countervailing amount should be maintained, varied, or revoked in light of an international dispute decision(8).
(2) In this Part, “international dispute investigation” means an investigation required by the Secretary of State under paragraph (1).
88B.—(1) The Secretary of State may by public notice suspend the application to goods of an anti-dumping amount or a countervailing amount for the period it is subject to an international dispute investigation.
(2) The suspension begins the day after the day on which the public notice is published.
(3) The suspension ends the day after the day on which—
(a)the TRA publishes notice under regulation 88F(2); or
(b)the Secretary of State publishes notice under—
(i)paragraph 22(4)(a) of Schedule 4 to the Act;
(ii)regulation 88G(4); or
(iii)regulation 88I(4)(a).
88C.—(1) The TRA must publish notice of its initiation of the international dispute investigation.
(2) The notice must contain the information set out in paragraph 1 of Schedule 5A.
88D. Parts 2 to 6 apply to an international dispute investigation to the extent the TRA considers relevant.
88E.—(1) The TRA must determine whether the application to goods of the anti-dumping amount or the countervailing amount should be maintained, varied, or revoked in light of the international dispute decision.
(2) The TRA may make different determinations for different goods or descriptions of goods, including by reference to—
(a)an overseas exporter or a description of overseas exporter;
(b)a foreign country or territory or a description of foreign country or territory.
88F.—(1) This regulation applies if the TRA determines the application to goods of an anti-dumping amount or a countervailing amount should be maintained.
(2) The TRA must publish notice of the determination.
(3) The notice must contain the information set out in paragraph 2 of Schedule 5A.
88G.—(1) This regulation applies if the TRA determines the application to goods of an anti-dumping amount or a countervailing amount should be varied.
(2) If the TRA is satisfied the application to goods of an anti-dumping amount or a countervailing amount in accordance with the determination meets the economic interest test(9), the TRA must recommend to the Secretary of State that the application to goods of the anti-dumping amount or the countervailing amount should be varied.
(3) The TRA may recommend—
(a)varying the goods or the description of goods to which the anti-dumping amount or the countervailing amount applies;
(b)varying the period for which the anti-dumping amount or the countervailing amount applies;
(c)varying how the anti-dumping amount or the countervailing amount is determined;
(d)any other variation.
(4) If the TRA is not satisfied that the application to goods of an anti-dumping amount or a countervailing amount in accordance with the determination meets the economic interest test, the TRA must publish notice of the determination.
(5) A notice under paragraph (4) must contain the information set out in paragraph 2 of Schedule 5A.
88H.—(1) This regulation applies if the TRA has determined that the application to goods of an anti-dumping amount or a countervailing amount should be revoked.
(2) The TRA must recommend to the Secretary of State that the application to goods of the anti-dumping amount or the countervailing amount should be revoked.
88I.—(1) The Secretary of State must accept or reject a recommendation made by the TRA under regulation 88G(2) or 88H(2).
(2) The Secretary of State must accept a recommendation made under regulation 88G(2) unless the Secretary of State is satisfied—
(a)it is not in the public interest to accept the recommendation; or
(b)the TRA determination that the application of the anti-dumping amount or the countervailing amount to goods in accordance with the determination to vary meets the economic interest test is not a determination the TRA could reasonably have made.
(3) The Secretary of State must accept a recommendation made under regulation 88H(2) unless the Secretary of State is satisfied it is not in the public interest to accept the recommendation(10).
(4) If the Secretary of State rejects a recommendation, the Secretary of State must—
(a)publish notice of the recommendation and of the rejection of it;
(b)notify interested parties; and
(c)lay a statement before the House of Commons setting out the reasons for rejecting the recommendation.”.
21. In regulation 94(1)—
(a)in the definition of “appropriate date”, in paragraph (b)(i), before “day of publication” insert “day after the”;
(b)in the definition of “EU countervailing duty”, for “by EU instrument” substitute “by an EU instrument”.
22. In regulation 94A—
(a)in paragraph (2)—
(i)for “102C(2)(a)” substitute “101C(2)(a)”;
(ii)for “an anti-dumping or countervailing amount” substitute “an anti-dumping amount or a countervailing amount”;
(b)in paragraph (3), for “102C(2)(a)” substitute “101C(2)(a)”.
23. In regulation 94B(1), for “102C(2)(a)” substitute “101C(2)(a)”.
24. In regulation 94C(1), for “102C(2)(a)” substitute “101C(2)(a)”.
25. In regulation 96A(4)(a), for “accepted a recommendation of revocation under regulation 101(1)” substitute “accepted under regulation 101(1) a recommendation of revocation”.
26. In regulation 96C(1), for “accepted a recommendation of variation under regulation 101(1)” substitute “accepted under regulation 101(1) a recommendation of variation”.
27. In regulation 97C(2), for “102C(2)(a)” substitute “101C(2)(a)”.
28. In regulation 101A(1), for “a recommendation made under regulation 101(1)” substitute “under regulation 101(1) a recommendation”.
29. In regulation 101B—
(a)in paragraph (1), for “a recommendation made under regulation 101(1)” substitute “under regulation 101(1) a recommendation”;
(b)in paragraph (2), in sub-paragraphs (a)(i) and (b)(i), for “101A(2)(a)” substitute “101A(2)(a)(i) to (iii)”.
30. In regulation 101C—
(a)in paragraph (1), for “a recommendation made under regulation 101(1)” substitute “under regulation 101(1) a recommendation”;
(b)in paragraph (3)(a), for “101A(2)(a)” substitute “101A(2)(a)(i) to (iii)”.
31. In regulation 102(d), after sub-paragraph (xi), insert—
“(xia)regulation 88C(1)”.
32. After regulation 113, insert—
“113A. Regulation 68(4A) has effect as if, for “accepted a recommendation”, there were substituted “decided to give effect to a preliminary decision.”.
33. After regulation 130, insert—
130A. Part 9A (investigation in light of an international dispute decision) has effect as if—
(a)for “recommendation”, in each place it occurs, there were substituted “preliminary decision”;
(b)in regulation 88A—
(i)in paragraph (1), the words “direct the TRA to” were omitted;
(ii)in paragraph (2), for “required” there were substituted “initiated”;
(c)in regulation 88B(3)(b)(iii), after “regulation” there were inserted “88I(3)(a) or”;
(e)in regulations 88G(2) and 88H(2), for “recommend to the Secretary of State”, there were substituted “make a preliminary decision”;
(e)for the section heading after regulation 88I and for regulation 88I, there were substituted—
88I.—(1) The Secretary of State must decide whether or not to give effect to a preliminary decision made under regulation 88G(2) or 88H(2).
(2) The Secretary of State must decide to give effect to the preliminary decision unless the Secretary of State is satisfied it is not in the public interest to give effect to the preliminary decision.
(3) If the Secretary of State decides not to give effect to the preliminary decision, the Secretary of State must—
(a)publish notice of the preliminary decision and of the decision to give effect to it;
(b)notify interested parties;
(c)make provision by public notice under section 13 of the Act to give effect to the preliminary decision.
(4) If the Secretary of State decides not to give effect to the preliminary decision, the Secretary of State must—
(a)publish notice of the preliminary decision and of the decision not to give effect to it;
(b)notify interested parties;
(c)lay a statement before the House of Commons setting out the reasons for which the Secretary of State is satisfied it is not in the public interest to give effect to the preliminary decision.”.”.
34. After regulation 141, insert—
141A. Schedule 5A (content of international dispute investigation notices) has effect as if, in paragraph 2—
(a)in the heading, there were omitted “with no recommendation”;
(b)sub-paragraph (h) were omitted.”
35. After Schedule 5, insert—
Regulations 88C(2), 88F(3), and 88G(5)
1. The information referred to in regulation 88C(2) is—
(a)the date of initiation of the investigation;
(b)the name of the exporting country or territory;
(c)a description of the goods concerned;
(d)a description of the anti-dumping amount or the countervailing amount to which the investigation relates;
(e)a summary of the international dispute decision;
(f)a summary of the investigation process; and
(g)any other information the TRA considers relevant.
2. The information referred to in regulation 88F(3) and 88G(5) is—
(a)the name of the exporting country or territory;
(b)a description of the goods concerned;
(c)a description of the anti-dumping amount or the countervailing amount to which the notice relates;
(d)a summary of the investigation;
(e)a summary of the international dispute decision;
(f)the determination made in light of the international dispute decision;
(g)the reason for the determination;
(h)the date of the determination; and
(i)any other information the TRA considers relevant.”
36. This Part amends the Trade Remedies (Reconsideration and Appeals) (EU Exit) Regulations 2019(11).
37. In regulation 14—
(a)after paragraph (12), insert—
“(12A) Where, before replacement day, the Secretary of State accepts or rejects a recommendation made by the TRA following its reconsideration of an original decision referred to in paragraph 29 of Schedule 1 to these Regulations, the public notice referred to in paragraph (8)(b), (10)(b) or (12) takes effect on replacement day.”;
(b)after paragraph (13), insert—
“(14) In this regulation, “replacement day” means the day on which paragraph 1 of Schedule 7 to the Act comes into force in so far as relating to EU trade duties.”.
38. In regulation 16(3), for “or 33”substitute “33 or 33C”.
39. In regulation 26—
(a)in paragraph (j), for “paragraphs 13 to 17, 19, 31 or 32”, substitute “paragraphs 13 to 17, 19, 31, 32, 33A or 33B”;
(b)after paragraph (j), insert—
“(ja)in paragraph (12A)—
(i)for “accepts or rejects”, there were substituted “decides to give effect, or not to give effect, to”;
(ii)for “its”, there were substituted “the”;”.
40. In regulation 30, omit paragraph (g).
41. In Schedule 1—
(a)after paragraph 27, insert—
“27A. A determination in notice published under regulation 88F(2) or 88H(4) following an international dispute investigation.
27B. A recommendation made under regulation 88G(2) or 88H(2) following an international dispute investigation.”;
(b)in paragraph 28, at the end, insert “or a determination made under regulation 89(9) that HMRC should not make a repayment”;
(c)after paragraph 33, insert—
“33A. A determination made under regulation 35A(5)(a) following a discontinuation review.
33B. A determination made under regulation 35B(7)(a) following a TRQ review.
33C. A determination made under regulation 35B to reject a TRQ review application.”;
(d)after paragraph 38, insert—
“38A. A determination in notice published under regulation 42F(2) or 42G(3) in an international dispute investigation.
38B. A recommendation made under regulation 42G(2) or 42H(2) in an international dispute investigation.”.
42. In Schedule 2—
(a)after paragraph 6, insert—
“6A. The acceptance or rejection under regulation 88I of a recommendation made by the TRA in an international dispute investigation.”;
(b)after paragraph 11, insert—
“11A. The acceptance or rejection under regulation 42I of a recommendation made by the TRA in an international dispute investigation.”.
Signed by authority of the Secretary of State for International Trade
Conor Burns
Minister of State for Trade Policy
Department for International Trade
30th January 2019
(This note is not part of the Regulations)
These Regulations are made by the Secretary of State to further amend the United Kingdom trade remedies system.
Part 1 of these Regulations amends the Trade Remedies (Increase in Imports Causing Serious Injury to UK Producers) (EU Exit) Regulations 2019 (S.I. 2019/449, as amended by S.I. 2019/1076 and S.I. 2019/1319):
regulations 3, 6, 7, and 8 amend the principal Regulations to provide for two new review types available following a change of circumstances—
discontinuation review of a definitive safeguarding amount or a tariff rate quota;
tariff rate quota review;
regulations 4 and 5 makes minor amendments to regulations 34 and 35 of the principal Regulations respectively, which relate to the liberalisation of the application to goods of a definitive safeguarding amount or a tariff rate quota to which goods are subject;
regulation 9 makes a minor amendment to regulation 39 of the principal Regulations, which relates to the TRA recommending to the Secretary of State the suspension of the application to goods of a definitive safeguarding amount or a tariff rate quota to which goods are subject.
regulation 10 inserts Part 7A into the principal Regulations, which—
provides for the Secretary of State to direct the Trade Remedies Authority (“TRA”) to conduct an investigation into the application to goods of a definitive safeguarding amount, or a tariff rate quota to which goods are subject, in light of an adopted WTO report or a dispute settlement decision under a free trade agreement;
provides for the Secretary of State to suspend the application to goods of a definitive safeguarding amount, or a tariff rate quota to which goods are subject, for the period the amount or quota is subject to the investigation;
sets out the obligations of the TRA and the Secretary of State during the course of the investigation;
regulations 11 to 15 amend, or insert into, the principal Regulations modifications to the inserted and amended provisions to make those provisions operable by the Secretary of State until such time the TRA is established;
regulation 16 inserts paragraphs 16 and 17 into the Schedule of the principal Regulations, which set out the information required to be included in notices made under Part 7A.
Part 2 of these Regulations amends the Trade Remedies (Dumping and Subsidisation) (EU Exit) Regulations 2019 (S.I. 2019/450, as amended by S.I. 2019/1076 and S.I. 2019/1346):
regulation 18 amends regulation 64 of the principal Regulations to clarify that the TRA is to terminate an investigation in relation to some or all of the goods if it determines a minimal dumping margin or subsidy amount in respect of those goods at any stage during the investigation;
regulation 19 amends regulation 68 of the principal Regulations to—
require the TRA to determine that an anti-dumping amount or a countervailing amount should be revoked in respect of goods from a particular overseas exporter if it determines a minimal dumping margin or subsidy amount in respect of those goods at any stage during the investigation;
clarify the circumstances in which goods from that particular overseas exporter may or may not be included in a review or subsequent review;
regulation 20 inserts Part 9A into the principal Regulations, which—
provides for the Secretary of State to direct the TRA to investigate the application to goods of an anti-dumping amount or a countervailing amount in light of an adopted WTO report or a dispute settlement decision under a free trade agreement;
provides for the Secretary of State to suspend the application to goods of an anti-dumping amount or a countervailing amount for the period the amount is subject to the investigation;
sets out the obligations of the TRA and the Secretary of State during the course of the investigation;
regulations 21 to 30 make technical amendments to Part 12 of the principal Regulations, to remedy defective drafting in amendments made by the Trade Remedies (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/1076);
regulations 31 to 34 insert into the principal Regulations modifications to the inserted and amended provisions to make those provisions operable by the Secretary of State until such time the TRA is established.
regulation 35 inserts new Schedule 5A into the principal Regulations, which sets out the information required to be included in notices made under Part 9A.
Part 3 of these Regulations amends the Trade Remedies (Reconsideration and Appeals) (EU Exit) Regulations 2019 (S.I. 2019/910):
regulation 37 makes a technical amendment to regulation 14 of the principal Regulations, to provide for the outcome of a reconsideration of a recommendation following a transition review before the replacement of EU customs duties.
regulations 38 to 40, and 42 make consequential amendments to the principal Regulations, to provide for additional decisions made under regulations inserted by Parts 1 and 2 of these Regulations to be subject to reconsideration by the TRA and appeal to the Upper Tribunal;
regulation 41 makes a technical amendment to regulation 30 of the principal Regulations to omit a redundant paragraph.
The notices to be published by the TRA referred to in regulations inserted by regulations 6, 10, and 20 will be published at https://www.trade-remedies.service.gov.uk/.
The notices to be published by the Secretary of State referred to in regulations inserted by regulations 10, 14, 20, and 33 will be published at https://www.gov.uk/business-and-industry/trade-and-investment.
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 on www.legislation.gov.uk.
These Regulations are administered by the Department for International Trade.
2018 c. 22. Section 51(4)(a) defines “the appropriate Minister” to include the Secretary of State for the purpose of making regulations under section 51(1)(b). Section 56(5)(a) defines “the appropriate Minister” to include the Secretary of State for the purpose of making regulations under section 56(1) relating to anything dealt with by any provision in section 13 and Schedules 4 and 5. Paragraph 32(1) of Schedule 4 and paragraph 31(1) Schedule 5 defines “regulations” as regulations made by the Secretary of State for the purposes of the respective Schedule.
S.I. 2019/449, as amended by S.I. 2019/1076 and S.I. 2019/1319.
The term “international dispute decision” is defined in paragraph 22(6) of Schedule 5 to the Act.
The economic interest test is set out in paragraph 23 of Schedule 5 to the Act.
Paragraph 22(5) of Schedule 5 to the Act applies paragraphs 21(8) and (9) of Schedule 5 to the Act, which set out the form a recommendation of variation may take.
Paragraph 22(4) of Schedule 5 to the Act applies if the Secretary of State accepts a recommendation that the application to goods of the definitive safeguarding remedy should be varied or revoked in light of the international dispute decision. The Secretary of State must publish notice of the recommendation and of the acceptance of it, notify interested parties, and make provision by public notice to give effect to the recommendation.
S.I. 2019/450, as amended by S.I. 2019/1076 and S.I. 2019/1346.
The term “international dispute decision” is defined in paragraph 22(6) of Schedule 4 to the Act.
The economic interest test is set out in paragraph 25 of Schedule 4 to the Act.
Paragraph 22(4) of Schedule 4 to the Act applies if the Secretary of State accepts a recommendation that the application to goods of an anti-dumping amount or a countervailing amount should be varied or revoked in light of an international dispute decision. The Secretary of State must publish notice of the recommendation and of the acceptance of it, notify interested parties, and make provision by public notice to give effect to the recommendation.