NOTIFICATION PURSUANT TO ARTICLE 12.1(c)
OF THE
AGREEMENT ON SAFEGUARDS
NOTIFICATION PURSUANT TO ARTICLE 9.1,
FOOTNOTE 2
OF THE AGREEMENT ON SAFEGUARDS
United Kingdom
Certain steel products
Supplement
The
following communication, dated and received on 14 May 2025, is being circulated
at the request of the delegation of the United Kingdom.
_______________
Pursuant to
Articles 12.1(c) and 9.1 footnote 2 of the WTO Agreement on Safeguards, the
United Kingdom notifies proposed changes to the exemption status of
developing country Members from the safeguard measure on certain steel products,
in addition to proposed changes to the quota to which certain steel products
are subject should be varied, as part of a tariff rate quota (TRQ) review by
the Trade Remedies Authority ("TRA" – the United Kingdom's competent
authority).
The review was initiated on 28 February 2025 as set out
in document _G/SG/N/10/GBR/1/Suppl.23.
On 26 March 2025, the TRA amended its notice of
initiation to expand the scope of the review to account for a change of
circumstances, as set out in document _G/SG/N/10/GBR/1/Suppl.24.
On 13 May 2025,
the TRA published its initial conclusions in its
Statement of Intended Final Determination (SIFD) on the Trade Remedies Service
platform here:[1] https://www.trade-remedies.service.gov.uk/public/case/TQ0066/submission/54c62e25-982b-478c-bbe1-9f6380eeeea4/.
This notification includes an invitation to hold
consultations in accordance with Article 12.3 of the Agreement on Safeguards.
Further
details on the review and a copy of the notice of initiation and amended notice
of initiation can be found on the Trade Remedies Service public file for the
TRQ review:
https://www.trade-remedies.service.gov.uk/public/case/TQ0066/#public-file
1. Provide the precise description of the product(s) involved.
The product is certain steel products. Table 1 of the
Annex contains a full description of the product categories and UK Global
Tariff commodity codes.
2. If
there is a change in the list of developing countries exempted from the
safeguard measure pursuant to Article 9.1, please notify:
a._
the reference to the WTO
document that notified the Members about the initial action under footnote 2 to
Article 9.1;
The most recent relevant document is _G/SG/N/10/GBR/1/Suppl.24.
b._
if
applicable, names of the countries which are dropped from the list of
developing countries to which the safeguard measure does not apply pursuant
to Article 9.1, the list of the countries remaining on the list, the individual
and collective import shares of the developing countries remaining on the list,
and the date on which the safeguard measure applies to the countries dropped
from the list;
See below and Annex.
c._
if applicable,
names of the countries which are added to the list of developing countries to
which the safeguard measure does not apply pursuant to Article 9.1, the
list of all the countries on the list, the individual and collective import
shares of the developing countries on the list, and the date from which the
safeguard measure does not apply to the countries which are added to the list.
The TRA has considered whether the TRQ to which
certain steel products are subject should be varied in view of a change in
circumstances, namely that the TRQ, or any part of the quota, has been
exhausted, and there has been a change in demand for the relevant goods.
The TRA assessed that six developing countries (Viet Nam,
China, India, the United Arab Emirates, Egypt and Türkiye) should no longer
be exempted from the measure because their import share exceeded the 3%
threshold during the period of investigation (POI) of 1 January 2024 to 31 December
2024, relative to the representative period for assessing traditional trade
flows of 2017‑2019.
The TRA has also used His Majesty's Revenue and Customs
(HMRC) data to assess that the residual quotas of steel categories 5, 16, 17
and 21 were exhausted in at least one quarter of the POI. Several other
categories of steel also experienced a high rate of utilisation during the POI.
The TRA has additionally assessed that there has
been a significant change in demand for the steel globally and in the UK that
constitutes a change of circumstances sufficient to assess whether the TRQ may
be varied in a way that responds to pressures faced by the UK steel industry.
The TRA's intended final recommendation is to vary the
tariff rate quota as follows:
·_
Unused quotas should no longer be made available in the following
quarter (removal of carry-over facility);
·_
Countries with a country-specific quota should no longer have access to
the residual quota in the final quarter;
·_
From 1 October 2025, caps should be imposed
on the residual quotas in the following categories:
1._
Category
4: 40%
2._
Category 7: 40%
3._
Category
13: 40%
and
·_
Update the developing country non-exemptions list as set out in Table 3.
For further
details on the TRA's intended final recommendation, please use the TRA's public file (https://www.trade-remedies.service.gov.uk/public/case/TQ0066/submission/54c62e25-982b-478c-bbe1-9f6380eeeea4/).
Table 2 lists all developing countries exempt from the
safeguard measure as Economic Partnership Agreement partners and not included
in this review.
Table 3 of the Annex lists all non-exempt developing
countries by product categories, based on 2024 import shares. Developing countries
not in this table who are not already exempted through an FTA, will benefit
from the developing country exemptions.
Table 4 lists those developing countries whose status has
changed following this review. Quotas not listed remain as they currently are.
Table 5 sets out proposed amendments to the country
specific and tariff-rate quotas.
3. Procedures relevant to
the review, including invitation to WTO Members to hold consultations.
Interested parties
can submit comments on the SIFD by 23:59 UK time on 26 May 2025
via the Trade Remedies
Service
(https://www.trade-remedies.service.gov.uk/accounts/login/?next=/dashboard/) or by email to TQ0066@traderemedies.gov.uk. Submissions must be accompanied by a
non-confidential version or summary for the public file.
Members affected by the proposed changes, who wish to
consult with the United Kingdom, may make a request through the UK Mission in
Geneva and agree a mutually convenient date and time to hold consultations.
These consultations shall be held via MS Teams and will be conducted in
accordance with Article 12.3 of the Agreement on Safeguards.
[1] The
document is also available from the WTO Secretariat. To consult it, please
contact Ms Anne Richards of the Rules Division (anne.richards@wto.org).