The Trade Remedies (Amendment) Regulations 2024

These Regulations amend the Trade Remedies (Dumping and Subsidisation) (EU Exit) Regulations 2019 (S.I. 2019/450) (the “Dumping and Subsidisation Regulations”), the Trade Remedies (Increase in Imports Causing Serious Injury to UK Producers) (EU Exit) Regulations 2019 (S.I. 2019/449) (the “Safeguards Regulations”) and the Trade Remedies (Reconsideration and Appeals) (EU Exit) Regulations 2019 (S.I. 2019/910) (the “Reconsideration and Appeals Regulations”).

Part 2 amends the Dumping and Subsidisation Regulations to make changes in relation to dumping investigations and subsidisation investigations, and reviews of dumping and subsidisation investigations, including transition reviews.

In particular, the amendments—

• prescribe the circumstances in which the TRA must consider giving options to the Secretary of State as part of its recommendation in a dumping and subsidisation investigation;

• in relation to reviews under Part 7 of the Dumping and Subsidisation Regulations, provide for— a new type of review that the Secretary of State may request within 60 days of the application, variation, extension or suspension of a measure (an “early review”); the TRA to give alternative options in its recommendations to the Secretary of State in certain circumstances; the Secretary of State to ask the TRA to reassess its recommendation in certain circumstances; the Secretary of State to apply a different remedy to the TRA recommendation; the Secretary of State to seek advice and assistance from the TRA;

• make corresponding amendments to Part 9 (suspension), Part 9A (investigation in light of an international dispute decision), Part 11 (miscellaneous) and Part 12 (transitional arrangements) of the Dumping and Subsidisation Regulations.

Part 3 makes minor amendments to the Safeguards Regulations.

Part 4 makes consequential amendments to the Reconsideration and Appeals Regulations to extend the statutory regime for reconsideration and appeals to decisions of the TRA and of the Secretary of State made under—

• amendments to Schedules 4 and 5 of the Taxation (Cross-border Trade) Act 2018 (c. 22) made by the Finance (No. 2) Act 2023 (c. 30);

• amendments to the Safeguards Regulations made by the Trade Remedies (Increase in Imports) (EU Exit) (Amendment) Regulations 2023 (S.I. 2023/954);

• amendments to the Dumping and Subsidisation Regulations made by Part 2 of these Regulations; and

• an amendment to the Reconsideration and Appeals Regulations made by Part 4 of 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://www.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/public/cases. A hard copy may be obtained from the Trade Remedies Authority, 60 Caversham Road, Reading RG1 7EB.

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

A copy of the Explanatory Memorandum is published alongside this instrument at http://www.legislation.gov.uk.

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