The Trade Remedies (Increase in Imports as a Result of a Free Trade Agreement Causing Serious Injury to UK Producers) Regulations 2024

Explanatory Note

(This note is not part of the Regulations)

These Regulations are made under sections 13 and 32 of, and Schedule 5 to the Taxation (Cross-border Trade) Act 2018 (“the Act”), as applied by Schedule 5A to that Act in relation to bilateral safeguarding remedies.

Schedule 5 to the Act, as so applied, establishes a regime under which the Trade Remedies Authority (“the TRA”), investigates prima facie instances of increases in imports as a result of a free trade agreement causing serious injury to UK producers.

Part 1 (introductory) sets out the introductory provisions of the Regulations and includes the definitions that apply throughout. It makes transitional provision for bilateral safeguarding investigations and reviews already commenced by the Secretary of State before the Regulations come into force.

Part 2 (increased quantities) provides for how the TRA will determine whether or not there are goods imported in increased quantities as a result of a free trade agreement in accordance with paragraph 1 of Schedule 5 to the Act. The regulations in this Part set out: how the TRA will determine whether there are increased quantities of imports; and whether that increase is significant.

Part 3 (serious injury and causation) provides for how the TRA will determine whether the importation of those goods has caused serious injury to UK producers.

Part 4 (determination of an adequate amount to prevent or remove serious injury and remedies) provides for how the TRA will determine the appropriate remedy under the Act to prevent the serious injury established under Part 3. The regulations make provision in relation to the following remedies under the Act: an additional amount of import duty or a tariff rate quota or the suspension of a tariff rate reduction.

Part 5 (initiation and conduct of a bilateral safeguarding investigation) provides for the TRA to conduct bilateral safeguarding investigations to consider whether to recommend to the Secretary of State the imposition of provisional and/or definitive bilateral safeguarding remedies. For example, the regulations in this Part set out: the requirements for the revision of the scope of a bilateral safeguarding investigation, how the TRA and the Secretary of State will treat confidential information, the conduct of authentication visits and hearings, and the disclosure of information forming the basis of the TRA's determinations.

Part 6 (reviews) provides for the TRA to review existing bilateral safeguarding remedies so as to recommend the maintenance, variation (including extension of duration), revocation or replacement of the relevant remedy.

Part 7 (investigation in light of an international dispute decision) provides for the Secretary of State to direct the TRA to conduct an investigation as to whether a bilateral safeguarding remedy should be maintained, varied or revoked following an international dispute decision, and sets out the powers of the Secretary of State in relation to the TRA’s recommendations. 

Part 8 (supplementary) requires the TRA to keep a public file of information relevant to a bilateral safeguarding investigation, international dispute investigation or review, and provides for the TRA to make exceptions to the general application of bilateral safeguarding remedies.

Part 9 (amendment of the Trade Remedies (Reconsideration and Appeals) (EU Exit) Regulations 2019) amends those Regulations to ensure they apply to appeals relating to bilateral safeguarding remedies under the Act and under these Regulations.

A notice referred to in these Regulations which is published by the Secretary of State will be available to view online at https://gov.uk/business-and-industry/importing. A hard copy may be obtained from the Department for Business and Trade, Admiralty Place, Old Admiralty Building, London SW1A 2DY.

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/. A hard copy may be obtained from the Trade Remedies Authority, 60 Caversham Road, Reading RG1 7EB.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.