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

Type Statutory-Instrument

Publication 2024-04-15

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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Notice of the Secretary of State’s decision on whether to vary a definitive bilateral safeguarding remedy following a review

11

(1) In the case of a decision on whether to vary a definitive bilateral safeguarding remedy following a review, the information to be contained in a notice referred to in paragraph 21(7)(a) of Schedule 5 to the Act[^f00022] or regulation 35 (7)(a) is—

(a) a description of the goods to which the notice relates;

(b) the Secretary of State’s decision;

(d) for a decision referred to in sub-paragraph (2)(a) or (b)—

(i) a specified period during which the definitive bilateral safeguarding remedy is applicable, and

(ii) details of exceptions of goods from the application of the definitive bilateral safeguarding remedy, if any;

(e) for any decision referred to in sub-paragraph (2), that the notice is a public notice made under section 13 of the Act.

(2) The decisions referred to in this sub-paragraph are decisions by the Secretary of State—

(a) to accept the TRA’s recommendation;

(b) to reject the TRA’s recommendation and make a decision under regulation 35 (6)(a);

Notice of the Secretary of State’s decision on whether to revoke a definitive bilateral safeguarding remedy following a review

12

In the case of a decision on whether to revoke a definitive bilateral safeguarding remedy following a review, the information to be contained in a notice referred to in paragraph 21(7)(a) of Schedule 5 to the Act or regulation 35(7)(a) is—

(a) a description of the goods to which the notice relates;

(b) the Secretary of State’s decision;

(d) where the Secretary of State accepts the TRA's recommendation—

(i) that such notice is a public notice made under section 13 of the Act;

(ii) the date that the notice takes effect, which must be the day after the date of publication of the notice.

Notice of the Secretary of State’s decision on whether to replace a definitive bilateral safeguarding remedy following a review

13

(1) The information to be contained in a notice referred to in paragraph 21(10)(a) of Schedule 5 to the Act[^f00023] or regulation 35(7)(a) is—

(a) a description of the goods to which the notice relates;

(b) the Secretary of State’s decision;

(d) for a decision referred to in sub-paragraph (2)(a) or (b)—

(i) a specified period during which the definitive bilateral safeguarding remedy is applicable, and

(ii) details of exceptions of goods from the application of the definitive bilateral safeguarding remedy, if any;

(e) for any decision referred to in sub-paragraph (2), that the notice is a public notice made under section 13 of the Act.

(2) The decisions referred to in this sub-paragraph are decisions by the Secretary of State—

(a) to accept the TRA’s recommendation;

(b) to reject the TRA’s recommendation and make a decision under regulation 35 (6)(a);

Notice of initiation of international dispute investigation

14

The information referred to in regulation 39 (2) is—

(a) the date of initiation of the investigation;

(b) a description of the goods concerned;

(d) a summary of the international dispute decision;

(e) a summary of the investigation process.

Notice to the Secretary of State of a TRA determination to maintain the application of a definitive bilateral safeguarding remedy following an international dispute investigation

15

The information referred to in regulation 42 (9) is—

(a) a description of the goods concerned;

(b) a description of the definitive bilateral safeguarding remedy to which the notice relates;

(d) a summary of the investigation;

(e) the determination made in light of the international dispute decision;

(f) the reasons for the determination;

(g) the date of the determination.

Notice of the Secretary of State’s decision following an international dispute investigation

16

(1) The information to be contained in a notice referred to in paragraph 22(4)(a) of Schedule 5 to the Act[^f00024] or regulation 45(7)(a) is—

(a) a description of the goods to which the notice relates;

(b) a description of the definitive bilateral safeguarding remedy to which the notice relates;

(d) the decision of the Secretary of State;

(e) the reasons for the Secretary of State’s decision;

(f) for a decision referred to in sub-paragraph (2)(a) or (b)—

(i) a specified period for which the definitive bilateral safeguarding remedy is applicable;

(ii) details of exceptions of goods from the application of the definitive bilateral safeguarding remedy, if any;

(g) for any decision referred to in sub-paragraph (2), that such notice is a public notice made under section 13 of the Act;

(h) where the Secretary of State accepts the TRA’s recommendation to revoke the definitive bilateral safeguarding remedy—

(i) that such notice is a public notice made under section 13 of the Act;

(ii) the date that the notice takes effect, which must be the day after the date of publication of the notice.

(2) The decisions referred to in this sub-paragraph are decisions by the Secretary of State—

(a) to accept the TRA’s recommendation to vary the definitive bilateral safeguarding remedy;

(b) to reject the TRA’s recommendation and make a decision under regulation 45 (6) that the definitive bilateral safeguarding remedy should be varied otherwise than in accordance with the TRA’s recommendation;

(c) to reject the TRA’s recommendation and make a decision under regulation 45(6) that the definitive bilateral safeguarding remedy should be revoked.

Notice of the Secretary of State’s decision to revoke a definitive bilateral safeguarding remedy in the public interest

17

The information to be contained in a notice referred to in paragraph 22A(3)(a) of Schedule 5 to the Act[^f00025] is—

(a) a description of the goods to which the notice relates;

(b) the Secretary of State’s decision;

(d) that such notice is a public notice under section 13 of the Act;

(e) the date on which the notice takes effect, which must be the day after the date of publication of the notice.

Part 2 — Determinations and recommendations to accompany notifications

18

For the notification referred to in paragraph 9(7)(b) of Schedule 5 to the Act, the TRA final negative determination made under paragraph 9(4) of that Schedule.

19

For the notification referred to in paragraph 16(11)(b) of Schedule 5 to the Act, the TRA determination that there is no recommendation which it could make under paragraph 16(3) of that Schedule.

20

For the notification referred to in paragraph 19(2E)(b), (3)(b) or (4)(b) of Schedule 5 to the Act, the TRA final affirmative determination made under paragraph 9(4) and the TRA recommendation made under paragraph 16(3)(a) or (aa) of that Schedule.

21

For the notification referred to in paragraph 20(2E)(b), (3)(b) or (4)(b) of Schedule 5 to the Act, the TRA final affirmative determination made under paragraph 9(4) and the TRA recommendation made under paragraph 16(3)(b) of that Schedule.

22

For the notification referred to in paragraph 21(7)(b) of Schedule 5 to the Act, the TRA determination made under regulation 32(5)(b), (c) or (f), and the TRA recommendation under regulation 34(1).

23

For the notification referred to in paragraph 21(10)(b) of Schedule 5 to the Act, the TRA determination made under regulation 32(5)(d) or (e), and the TRA recommendation under regulation 34(1).

24

For the notification referred to in paragraph 22(4)(b) of Schedule 5 to the Act or in regulation 45(7)(b), the TRA determination made under regulation 41(1) to vary or revoke the application to goods of a bilateral safeguarding remedy and the TRA recommendation under regulation 43(1) or 44(2).

25

For the notification referred to in regulation 33(6)(c), the TRA determination made under regulation 32(5)(a).

26

For the notification referred to in regulation 35(7)(b), the TRA determination made under regulation 32(5)(b), (c), (d), (e) or (f), as applicable, and the TRA recommendation made under regulation 34(1).

27

For the notification referred to in regulation 42(10), the TRA determination notified under regulation 42(8).

Schedule 2 — Public file

Interpretation

1

References in this Schedule to paragraphs are to paragraphs of Schedule 5 to the Act, unless otherwise stated.

Bilateral safeguarding investigations

2

The following items may be placed on the public file for a bilateral safeguarding investigation—

(a) the request under paragraph 7(1) from the Secretary of State to the TRA to open a bilateral safeguarding investigation;

(b) any preliminary adjustment plan accompanying that request under paragraph 7(1)(d);

(d) a decision by the Secretary of State to revoke a definitive bilateral safeguarding remedy in the public interest in the absence of a recommendation from the TRA under paragraph 22A;

(e) any information relating to the transfer of an enquiry to the TRA under regulation 3;

(f) where the TRA propose to revise the scope of a bilateral safeguarding investigation under regulation 14—

(i) the reasons given by the TRA for the proposed revision of scope;

(ii) any comments made by the Secretary of State, interested parties and contributors;

(iii) subsequent advice from the TRA to the Secretary of State recommending the revision of scope;

(iv) the Secretary of State’s decision as to whether or not to accept the TRA’s determination;

(g) an amended notice of initiation published under regulation 14(7);

(h) any non-confidential summary submitted under regulation 16;

(i) any statement of reasons submitted under regulation 16;

(j) any information which may be disclosed under regulation 17;

(k) an indicative timeline for the bilateral safeguarding investigation;

(l) any application received by the TRA for an extension of time;

(m) any decision by the TRA to grant an extension of time, whether or not that decision was made pursuant to an application;

(n) any information available to the TRA from secondary sources under regulation 18;

(o) any information relating to a TRA decision to accept or reject information under regulation 19;

(p) any information relating to a decision by the TRA to treat a party as a non-cooperative party under regulation 20;

(q) information relating to registrations of interest and the issuing of questionnaires under regulation 23;

(r) information relating to responses to questionnaires issued by the TRA under regulation 23;

(s) information relating to the issue of deficiency notices under regulation 24;

(t) any information relating to the conduct of a limited examination and sampling under regulation 25;

(u) information relating to an authentication visit, authentication report, or non-confidential authentication report under regulation 26;

(v) information relating to a hearing under regulation 27;

(w) a request by the Secretary of State under regulation 29 that the TRA terminate a bilateral safeguarding investigation;

(x) the notice of termination of a bilateral safeguarding investigation under regulation 29.

Reviews

3

The following items may be placed on the public file for a review—

(a) the request from the Secretary of State under regulation 32 that the TRA initiate a review;

(b) the notice of initiation of a review, published under regulation 32(3)(b);

(c) information relating to the expansion or limitation of the matters to be considered in the review, under regulation 33(1) to (3);

(d) an indicative timeline for the review;

(e) any application received by the TRA for an extension of time;

(f) any decision by the TRA to grant an extension of time, whether or not that decision was made pursuant to an application;

(g) a request by the Secretary of State under regulation 33(4) that the TRA terminate a review;

(h) the notice of termination of the review, published under regulation 33(5)(a);

(i) any information referred to in Part 5 of these Regulations which arises in the context of a review, if that information could be placed on the public file under paragraph 2 of this Schedule.

International dispute investigations

4

The following items may be placed on the public file for an international dispute investigation—

(a) the direction from the Secretary of State under regulation 38 that the TRA should carry out an international dispute investigation;

(b) the notice of initiation of an international dispute investigation published under regulation 39;

(c) any information referred to in Part 5 of these Regulations which arises in the context of an international dispute investigation, if that information could be placed on the public file under paragraph 2 of this Schedule.

(d) an indicative timeline for the international dispute investigation;

(e) any application received by the TRA for an extension of time;

(f) any decision by the TRA to grant an extension of time, whether or not that decision was made pursuant to an application.

Signed

Signed by the authority of the Secretary of State for Business and Trade

Greg Hands — Minister of State — Department for Business and Trade — 15th April 2024

Explanatory note

(This note is not part of the Regulations)

Explanatory Note

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.

Footnotes

[^f00001]: 2018 c. 22, as amended by paragraphs 9, 10, 11, 12, 14 and 15 of Schedule 19 and paragraph 2 of Schedule 20 to the Finance (No. 2) Act 2023 (c. 30).

[^f00002]: Schedule 5A was inserted by paragraph 2 of Schedule 20 to the Finance (No. 2) Act 2023.

[^f00003]: 2023 c. 30.

[^f00004]: “TRA” is defined in section 13 of the Taxation (Cross-border Trade) Act 2018.

[^f00005]: “Bilateral safeguarding investigation” is defined in paragraph 24 of Schedule 5A to the Taxation (Cross-border) Trade Act 2018 (c. 22) (“the Act”).

[^f00006]: Part 4 of Schedule 5 was amended by paragraphs 11 to 13 of Schedule 19 to the Finance (No. 2) Act 2023. There are other amendments to Part 4 which are not relevant to this instrument.

[^f00007]: Paragraph 31(1) of Schedule 5 to the Act defines “foreign country or territory” as a country or territory outside the United Kingdom.

[^f00008]: “Like goods” is defined in paragraph 4 of Schedule 5 to the Act.

[^f00009]: Sub-paragraph (5A) was inserted into paragraph 17 as that paragraph is applied with modifications by paragraph 12 of Schedule 5A to the Act.

[^f00010]: Sub-paragraph (6A) was inserted into paragraph 18 as that paragraph is applied with modifications by paragraph 13 of Schedule 5A to the Act.

[^f00011]: Part 3 to Schedule 5 to the Act was amended by paragraph 10 of Schedule 19 to the Finance (No. 2) Act 2023.

[^f00012]: 1971 c. 80.

[^f00013]: Paragraph 6 of Schedule 5 is modified by paragraph 4 of Schedule 5A to the Act.

[^f00014]: Paragraph 7 of Schedule 5 was amended by paragraph 9 of Schedule 19 to the Finance (No. 2) Act 2023, and modified by paragraph 5 of Schedule 5A to the Act.

[^f00015]: “Economic interest test” is set out in paragraph 23 of Schedule 5 to the Act.

[^f00016]: Paragraph 21 was amended by paragraph 12 of Schedule 19 to the Finance (No. 2) Act 2023.

[^f00017]: Section 13 was amended by paragraph 15 of Schedule 19 to the Finance (No. 2) Act 2023.

[^f00018]: S.I. 2019/910, amended by S.I. 2020/99, 730, 2022/414.

[^f00019]: Paragraph 22A was inserted by paragraph 13 of Schedule 19 to the Finance (No. 2) Act 2023.

[^f00020]: Paragraph 14(2A) to (2E) and 15(2A) to (2E) were inserted by paragraph 10 of Schedule 19 to the Finance (No. 2) Act 2023.

[^f00021]: Paragraphs 19(2A) to (2E) and 20(2A) to (2E) were inserted by paragraph 11 of Schedule 19 to the Finance (No. 2) Act 2023.

[^f00022]: Paragraph 21(7)(a) was amended by paragraph 12(1)(c) of Schedule 19 to the Finance (No. 2) Act 2023.

[^f00023]: Paragraph 21(10)(a) was amended by paragraph 12(1)(f) of Schedule 19 to the Finance (No. 2) Act 2023.

[^f00024]: Paragraph 22(4)(a) was amended by paragraph 12(2)(c) of Schedule 19 to the Finance (No. 2) Act 2023.

[^f00025]: Paragraph 22A was inserted by paragraph 13 of Schedule 19 to the Finance (No. 2) Act 2023.

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