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

Part 6 Reviews

Purpose of Part 6

31.  Reviews by the TRA of the continuing application, including variation, revocation, extension and replacement, of a definitive bilateral safeguarding remedy to goods pursuant to paragraph 21 of Schedule 5 to the Act(1) are subject to the provisions of this Part.

Review

32.—(1) The TRA may conduct a review to consider whether the continuing application of a definitive bilateral safeguarding remedy is necessary to—

(a) remove the serious injury, or to prevent further serious injury to UK producers, caused by the importation of the goods subject to review in increased quantities, or

(b) facilitate the adjustment by those UK producers to the importation of the goods subject to review in increased quantities,

where the increase is due to the relevant free trade agreement.

(2) The TRA may only initiate a review at the request of the Secretary of State.

(3) Where the Secretary of State requests the TRA to initiate a review, the TRA must—

(a) initiate the review,

(b) publish a notice that it has initiated a review (a “notice of initiation of a review”) containing the information referred to in paragraph 8 of Schedule 1, and

(c) notify the Secretary of State and interested parties.

(4) In conducting a review, the TRA may consider—

(a) whether the importation of the goods subject to review in increased quantities is likely to recur,

(b) whether serious injury to UK producers of the goods (“serious injury”) has been removed, or reduced, in whole or in part due to the application of the definitive bilateral safeguarding remedy,

(c) whether serious injury would be likely to continue or recur if the application of the definitive bilateral safeguarding remedy were to expire or be otherwise varied or revoked,

(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 subject to review in increased quantities is likely to recur,

(e) any adjustments made by UK producers, and

(f) any other factors it considers relevant.

(5) Following a review, the TRA may determine that—

(a) the definitive bilateral safeguarding remedy should be maintained in accordance with the relevant public notice made under section 13 of the Act(2);

(b) the application of the definitive bilateral safeguarding remedy should be extended for a period which is necessary to—

(i) prevent or remove serious injury, and

(ii) facilitate adjustment by UK producers;

(c) the definitive bilateral safeguarding remedy should otherwise be varied in any way permitted by paragraph 21(8) or (9) of Schedule 5 to the Act;

(d) a definitive bilateral safeguarding amount or a definitive suspension of tariff rate reduction should be replaced with a tariff rate quota;

(e) a tariff rate quota should be replaced by a definitive bilateral safeguarding amount or a definitive suspension of tariff rate reduction;

(f) the definitive bilateral safeguarding remedy should be revoked.

(6) Where the TRA proposes to make a determination under paragraph (5)(a), the TRA must notify the Secretary of State of its proposed determination.

(7) Where the Secretary of State has been notified in accordance with paragraph (6), the Secretary of State may, within the relevant period (and subject to paragraph (8)), request that the TRA reassess its proposed determination by reference to any matter specified in the request.

(8) The Secretary of State may only make a request under paragraph (7) where the Secretary of State considers that—

(a) there is information that the TRA did not take into account in its review that is relevant to the proposed determination,

(b) the TRA has made an error in relation to its proposed determination, or

(c) exceptional circumstances make the request appropriate.

(9) The TRA must comply with a request under paragraph (7).

(10) The TRA may not make a determination under paragraph (5)(a) until—

(a) the relevant period has ended, or

(b) if the Secretary of State informs the TRA within the relevant period that the Secretary of State will not make a request under paragraph (7), the time when the TRA receives that information.

(11) For the purposes of paragraphs (7) and (10), the “relevant period” is the period of 21 days beginning with the day on which the TRA notifies the Secretary of State that it proposes to make the determination in question.

(12) Where the TRA makes a determination under paragraph (5)(b), (c), (d) or (e), the TRA may determine that the pace of liberalisation of the definitive bilateral safeguarding remedy should be varied.

(13) The TRA must have regard to the relevant free trade agreement—

(a) in conducting a review under paragraph (4);

(b) in making the determinations referred to in paragraph (5);

(c) in determining the period for which a definitive bilateral safeguarding remedy applies to goods as a consequence of this regulation.

The conduct of reviews

33.—(1) Where the TRA considers it appropriate to expand or limit the matters to be considered in a review, the TRA must make a recommendation to the Secretary of State, setting out the reasons for their recommendation.

(2) The TRA must provide interested parties and the Secretary of State with an opportunity to comment prior to making a recommendation to the Secretary of State under paragraph (1).

(3) When the Secretary of State receives a recommendation under paragraph (1), the Secretary of State must—

(a) determine whether the matters to be considered in the review are to be expanded or limited, and

(b) notify the TRA of the determination.

(4) The TRA must terminate a review on the request of the Secretary of State.

(5) Where the TRA terminates a review under this regulation, it must—

(a) publish a notice of termination, containing the information referred to in paragraph 9 of Schedule 1;

(b) notify interested parties and contributors.

(6) Where the TRA completes a review and determines that the definitive bilateral safeguarding remedy should be maintained in accordance with its terms—

(a) the TRA must notify the Secretary of State of the determination;

(b) the notice must contain the information set out in paragraph 10 of Schedule 1;

(c) the Secretary of State must notify interested parties that no change will be made to the definitive bilateral safeguarding remedy.

(7) Parts 2 to 5 apply to a review to the extent that the TRA considers relevant.

(8) 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

34.—(1) The TRA must make a recommendation to the Secretary of State, where it determines that the application of a definitive bilateral safeguarding remedy should be extended or otherwise varied, revoked or replaced.

(2) Where in relation to a review the TRA considers that there are two or more options which it could recommend under paragraph (1), it may give the Secretary of State each of those options as part of its recommendation.

(3) The TRA must consider whether it could give the Secretary of State two or more options as part of its recommendation under paragraph (1)—

(a) where the TRA considers that the extension or other variation of the application of the definitive bilateral safeguarding remedy, or the replacement of the definitive bilateral safeguarding remedy, in accordance with its proposed recommendation would not meet the economic interest test (see paragraph 23 of Schedule 5 to the Act);

(b) where the TRA otherwise considers that it is appropriate.

(4) Where, after considering whether it could give the Secretary of State two or more options as part of its recommendation in accordance with paragraph (1), the TRA considers that there is only one option which it could reasonably recommend, it must give the Secretary of State its reasons for reaching that conclusion.

(5) Where the TRA gives the Secretary of State options, it must—

(a) give the Secretary of State its reasons for including each option, and

(b) inform the Secretary of State which option it prefers and why.

(6) Where the TRA makes a recommendation under paragraph (1) to extend or otherwise vary the application of a definitive bilateral safeguarding remedy or to replace that remedy, it must advise the Secretary of State whether and why it considers that the extension, variation or replacement of the application of that definitive bilateral safeguarding remedy in accordance with its recommendation, or in accordance with each option given under paragraph (2), as the case may be, would meet the economic interest test.

(7) Before making a recommendation that the application of a definitive bilateral safeguarding remedy be extended or otherwise varied or replaced, where the recommendation 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.

(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 recommended period for which the definitive bilateral 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) 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 35);

(e) any other information which the TRA considers relevant.

Powers of the Secretary of State in relation to the TRA's recommendation

35.—(1) Where the TRA makes a recommendation under regulation 34(1), the Secretary of State must—

(a) decide whether to accept or reject the recommendation, or

(b) request that the TRA reassess its recommendation by reference to any matters specified in the request, with a view to amending or replacing the recommendation.

(2) Where the Secretary of State accepts a recommendation which contains options given in reliance on regulation 34(2), the Secretary of State must decide which of those options to adopt.

(3) The Secretary of State may reject the recommendation only if the Secretary of State is satisfied that it is not in the public interest to accept the recommendation.

(4) In considering the public interest under paragraph (3), where regulation 34(6) applies the Secretary of State must have regard to the TRA’s advice on whether extending or otherwise varying the application of a definitive bilateral safeguarding remedy, or replacing that remedy, in accordance with a recommendation, or in accordance with each option, as the case may be, would meet the economic interest test.

(5) Paragraph (6) applies if—

(a) the TRA makes a recommendation to extend or otherwise vary or replace the application of a definitive bilateral safeguarding remedy, and

(b) the Secretary of State rejects the recommendation.

(6) If the Secretary of State considers that it is in the public interest to do so, the Secretary of State may decide that the application of the definitive bilateral safeguarding remedy should be—

(a) extended, varied or replaced other than in accordance with the recommendation, or

(b) revoked.

(7) Where the Secretary of State rejects the recommendation and does not make a decision under paragraph (6), the Secretary of State must—

(a) publish a notice containing the information referred to in paragraph 11, 12 or 13 of Schedule 1, and

(b) notify interested parties.

(8) The Secretary of State may only make a request under paragraph (1)(b) where the Secretary of State considers that—

(a) there is information that the TRA did not take into account in its review that is relevant to the recommendation,

(b) the TRA made an error in relation to its recommendation, or

(c) exceptional circumstances make the request appropriate.

(9) Before making a request under paragraph (1)(b), the Secretary of State must consult the TRA.

(10) Where the Secretary of State makes a request under paragraph (1)(b), the TRA must—

(a) comply with the request, and

(b) in reassessing its recommendation, have regard to any particular considerations which the Secretary of State may specify in the request.

Power to request assistance etc from TRA

36.—(1) The Secretary of State may request that the TRA give advice, information or other support to the Secretary of State for the purpose of allowing the Secretary of State to decide whether to make a decision under regulation 35(6).

(2) The Secretary of State may include in a request under paragraph (1) a requirement that the TRA investigate and provide a report on any matter specified in the request.

(3) Before making a request under paragraph (1), the Secretary of State must consult the TRA.

(4) The TRA must comply with a request under paragraph (1).

Reviews: reports and updates

37.—(1) This regulation applies where, in accordance with this Part, the TRA conducts or has conducted a review.

(2) The Secretary of State may—

(a) produce and publish a report or update in relation to the review concerned, or

(b) request that the TRA produces such a report or update.

(3) Where the Secretary of State makes a request under paragraph (2)(b)—

(a) the TRA must produce a report or update, as the case may be, in accordance with the request, and

(b) the Secretary of State may publish the report or update.

(1)

Paragraph 21 was amended by paragraph 12 of Schedule 19 to the Finance (No. 2) Act 2023.

(2)

Section 13 was amended by paragraph 15 of Schedule 19 to the Finance (No. 2) Act 2023.