NOTIFICATION OF LAWS AND REGULATIONS UNDER
ARTICLES 18.5, 32.6, AND 12.6 OF THE AGREEMENTS

Replies to QUESTIONS[1] POSED BY CHINA REGARDING THE
NOTIFICATION OF THE UNITED KINGDOM[2]

The following communication, dated and received on 25 April 2025, is being circulated at the request of the delegation of the United Kingdom.

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The United Kingdom would like to thank China for posing these written questions on the Trade Remedies (Amendment) Regulations 2024 and is pleased to provide the responses below.

Question 1

With regard to the insertion of regulation 68A, please clarify:

(1) the purpose of creating the "early review" mechanism;

(2) whether there's any applicable timetable and/or procedure requirements with respect to early reviews; and

(3) if interested parties, especially foreign producer/exporters, have the rights of access to essential facts disclosure and/or submitting comments.

Reply:

(1) The early review mechanism allows for the Secretary of State to request that the TRA review a recently implemented trade remedy measure. This may be because there is an error, new information came to light that was not considered in the original investigation, or because exceptional circumstances make it appropriate, and allow for trade remedy measures to be appropriately amended so it is fit for purpose.

(2) The conduct for early reviews will be set out in the notice of initiation that is published on the public file, which will include expected timelines and the proposed goods under investigation.

(3) An early review will have its own public file, appropriately updated with non-confidential information, for any and all interested parties to see. This public file is maintained and updated in line with the TRA's usual operating procedure. Interested parties will have the chance to register interest.

Question 2

With regard to the insertion of regulation 61A and the revision of regulation 75, the TRA must consider whether it could give the Secretary of State two or more options as part of its recommendation under certain circumstances. Please explain:

(1) if these options also include measures beyond anti-dumping and countervailing measures;

(2) what factors the Secretary of State would take into consideration when deciding which option to choose; and

(3) what will happen if the Secretary of State were not satisfied with any of the options.

Reply:

(1) No, the TRA would not provide the Secretary of State with alternative options that sit outside of trade remedy measures (for example, an anti-dumping duty or countervailing amount). The TRA can only recommend measures that meet WTO obligations.

(2) When considering a TRA recommendation, the Secretary of State must consider what the TRA has recommended and its advice on the economic interest test. Before the Secretary of State may reject a recommendation, he must be satisfied that it is not in the public interest to accept it.

(3) UK legislation allows the Secretary of State to reject the TRA's recommendation and not apply a measure, even if presented with options. The Secretary of State may also ask for a reassessment of options that the TRA has presented. Finally, the Secretary of State may also take a different decision from options presented by the TRA, and apply a measure they think more appropriate that meets WTO criteria.

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