The Trade Remedies (Amendment) (EU Exit) Regulations 2020

EXPLANATORY NOTE

(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.