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

United Kingdom

Supplement

The following communication, dated and received on 6 September 2023, is being circulated at the request of the delegation of the United Kingdom.

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INTRODUCTION

In accordance with the obligations under Article 12.6 of the Agreement on Safeguards, Article 18.5 of the Agreement on the Implementation of Article VI of the GATT 1994 and Article 32.6 of the Agreement on Subsidies and Countervailing Measures, to notify laws, regulations and administrative procedures to the Committee on Safeguards, Committee on Anti-Dumping Practices and the Committee on Subsidies and Countervailing Measures (the "Committees"), respectively, the United Kingdom hereby notifies the Trade Remedies (Amendment) Regulations 2024 (the "2024 Regulations") which are reproduced below.

The 2024 Regulations maintain the United Kingdom's Trade Remedies Authority's expert independent analytical and investigative role, while also giving Ministers greater flexibility to make decisions that balance the interests of UK producers, importers, and consumers.

The 2024 Regulations amend the Trade Remedies (Dumping and Subsidisation) (EU Exit) Regulations 2019 (the "Dumping and Subsidisation Regulations") [1], the Trade Remedies (Increase in Imports Causing Serious Injury to UK Producers) (EU Exit) Regulations 2019 (the "Safeguards Regulations")[2], and the Trade Remedies (Reconsideration and Appeals) (EU Exit) Regulations 2019 (the "Reconsideration and Appeals Regulations")[3].

Part 2 of the 2024 Regulations 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—

o_   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");

o_   the TRA to give alternative options in its recommendations to the Secretary of State in certain circumstances;

o_   the Secretary of State to ask the TRA to reassess its recommendation in certain circumstances;

o_   the Secretary of State to apply a different remedy to the TRA recommendation;

o_   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 of the 2024 Regulations makes minor amendments to the Safeguards Regulations.

Part 4 of the 2024 Regulations 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.

Copies of the consolidated versions showing the amendments made by the 2024 Regulations are available from the UK Mission upon request.