NOTIFICATION UNDER 12.1(B) OF THE AGREEMENT ON SAFEGUARDS

United Kingdom

Certain steel products

Supplement

The following communication, dated and received on 21 February 2024, is being circulated at the request of the delegation of the United Kingdom.

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Pursuant to Article 12.1(b) of the WTO Agreement on Safeguards, the United Kingdom notifies the Trade Remedies Authority's (TRA) preliminary findings in the extension review of the safeguard measure on certain steel products.

The extension review was initiated on 4 September 2023, as set out in document _G/SG/N/6/GBR/1/Suppl.3.

On 21 February 2024, the TRA published its Statement of Intended Final Determination, which outlines their findings to date and the recommendation they intend to make to the Secretary of State for Business of Trade in due course. This is open to comment from interested parties until 7 March 2024. An invitation to hold consultations is included in this notification. See procedures sections below.

Details of the case, including the TRA's Statement of Intended Final Determination[1], can be found on the Trade Remedies Service platform at:

https://www.trade-remedies.service.gov.uk/public/case/SE0041/#public-file

1.  Provide evidence, citing relevant data and the applicable period of investigation of serious injury or threat thereof caused by increased imports.

The period of investigation for the review is 1 April 2018 to 31 March 2023.

The TRA has established that:

·_        imports of the goods subject to the review in increased quantities is likely to recur if the measure is not extended;

·_        serious injury has been removed or reduced, in whole or in part due to the application of the measure;

·_        it is likely that serious injury will recur if the measure is not extended;

·_        the circumstances of UK producers or market conditions are such that serious injury caused by the importation of the goods subject to the review in increased quantities is likely to recur if the measure is not extended; and

·_        adjustments have been or are being made by UK industry.

The TRA conducted the above increased imports and injury assessments at product category level. The TRA considered the following factors across product categories: global steel overcapacity; trade diversion; production costs; interconnectivity of product categories; profitability, employment, productivity, and capacity utilisation by the domestic industry; and UK industry adjustments. The TRA concluded that these factors were relevant to the likelihood of increased imports or serious injury for every product category covered by the measure. Further details, including evidence and relevant data, can be found in Section E: Product category assessments of the TRA's Statement of Intended Final Determination.

2.  Provide information on whether there is an absolute increase in imports or an increase in imports relative to domestic production.

See above.

3.  Provide the precise description of the product involved.

The products subject to this review are certain steel products imported under the following commodity codes.

4.  Provide a precise description of the proposed measure.

The TRA's Statement of Intended Final Determination notes that, subject to further comment and evidence from interested parties, the TRA intends to recommend to the Secretary of State for Business and Trade that the safeguard measure be extended across all product categories for a period of two years, from 1 July 2024 to 30 June 2026, which is necessary to prevent serious injury and facilitate adjustment by UK producers.

5.  Provide proposed date of introduction of the measure.

As above.

6.  Provide expected duration of the measure.

As above.

7.  Provide expected timetable for progressive liberalisation of the measure.

Subject to further comment and evidence from interested parties, the TRA intends to recommend that the pace of liberalisation should remain at 3% per annum.

8.  Provide the deadlines for interested parties to comment or any other procedures relevant to the decision to apply the measures.

Interested parties are invited to make submissions within 15 calendar days of the publication of the TRA's preliminary findings i.e., before 23.59 GMT on 07 March 2024.

The TRA may consider submissions made after this date but are not obliged to do so.

Registered interested parties can make submissions through the Trade Remedies Service online platform. All submissions must be accompanied by a non-confidential version for the public file. In exceptional circumstances, it may not be possible to summarise confidential information. If this is the case, the party must provide a statement setting out the reasons the information is being supplied, why the TRA should treat the information as confidential, and why it cannot be summarised. Those not registered on the TRS may send submissions by email to SE0041@traderemedies.gov.uk.

The TRA will take account of further submissions and may change its position accordingly in making their final recommendation to the Secretary of State for Business and Trade.

For further guidance and information regarding safeguard reviews, please refer to the public guidance.

9.  Provide information regarding procedures for prior consultations with those Members having a substantial interest as exporters of the product concerned.

Members who wish to consult with the United Kingdom may make a request through the UK Mission in Geneva and agree a mutually convenient time and date to hold consultations. These consultations will be held via MS Teams and will be conducted in accordance with Article 12.3 of the Agreement on Safeguards.

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