The Trade Remedies (Amendment) (EU Exit) Regulations 2020
| Jurisdiction | UK Non-devolved |
| Citation | SI 2020/99 |
| Year | 2020 |
2020 No. 99
Exiting The European Union
Customs
The Trade Remedies (Amendment) (EU Exit) Regulations 2020
Made 30th January 2020
Laid before the House of Commons 3rd February 2020
Coming into force 1st March 2020
The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 51(1)(b), 56(1), (6), and (7) of, and paragraphs 10(1), 21(1), 22(1), 30, and 31(1) of Schedule 4 to, and paragraphs 21(1), 22(1), 24(1), 25(2), 29, and 30(1) of Schedule 5 to, the Taxation (Cross-border Trade) Act 20181.
Citation and commencement
1. These Regulations may be cited as the Trade Remedies (Amendment) (EU Exit) Regulations 2020 and come into force on 1st March 2020.
PART 1
Amendment of the Trade Remedies (Increase in Imports Causing Serious Injury to UK Producers) (EU Exit) Regulations 2019
Amendment of the Trade Remedies (Increase in Imports Causing Serious Injury to UK Producers) (EU Exit) Regulations 2019
2. This Part amends the Trade Remedies (Increase in Imports Causing Serious Injury to UK Producers) (EU Exit) Regulations 20192.
Amendment of regulation 2 (interpretation)
3. In regulation 2—
(a) after the definition of “directly competitive goods”, insert—
““discontinuation review” has the meaning given by regulation 35A (discontinuation review);”;
(b) after the definition of “statement of reasons”, insert—
““a TRQ review” has the meaning given by regulation 35B (tariff rate quota review);”.
Amendment of regulation 34 (mid-term review)
4. In regulation 34(4)(b), omit “in respect of its level, form or pace of liberalisation”.
Amendment of regulation 35 (extension review)
5. In regulation 35(8)—
(a) in sub-paragraph (a), for “maintained or increased” substitute “varied”;
(b) in sub-paragraph (b), omit “the form of”.
Insertion of regulations 35A (discontinuation review) and 35B (tariff rate quota review)
6. After regulation 35, insert—
“Discontinuation review
35A. (1) The TRA may conduct a review to consider whether a definitive safeguarding remedy should be revoked (a “discontinuation review”) where it is satisfied that there is sufficient information indicating that—
(a)
(a) there may have been a lasting change of circumstances since the application of the relevant definitive safeguarding remedy; and
(b)
(b) as a result, UK producers may no longer be suffering serious injury, or may cease to suffer such injury if the relevant definitive safeguarding remedy is revoked.
(2) The TRA may initiate a discontinuation review on its own initiative.
(3) Where the TRA initiates a discontinuation review, the TRA must—
(a)
(a) publish a notice of its decision to initiate that review (a “notice of initiation of a review”) containing the information set out in paragraph 9 of the Schedule; and
(b)
(b) notify the Secretary of State and interested parties.
(4) In conducting a discontinuation review, the TRA—
(a)
(a) must determine whether—
there has been a lasting change of circumstances since the application of the relevant definitive safeguarding remedy; and
UK producers have ceased to suffer serious injury or would not suffer such injury if the relevant definitive safeguarding remedy is revoked; and
(b)
(b) may take into account any factors that it considers relevant.
(5) Following a discontinuation review, the TRA may determine that the application to goods of a definitive safeguarding remedy subject to review should be—
(a)
(a) maintained in accordance with the relevant public notice made under section 13 of the Act; or
(b)
(b) revoked.
Tariff rate quota review
35B. (1) The TRA may conduct a review to consider whether a tariff rate quota to which goods are subject should be varied (a “TRQ review”) where it is satisfied that there is sufficient information indicating that there may have been a change of circumstances (see paragraph (9)) since the application of that tariff rate quota to those goods.
(2) The TRA may initiate a TRQ review—
(a)
(a) following the receipt of an application made by or on behalf of an interested party (a “TRQ review application”); or
(b)
(b) on its own initiative.
(3) The TRA may reject a TRQ review application if it is made before the end of the period of six months beginning with the conclusion of—
(a)
(a) an investigation conducted under Part 5;
(b)
(b) a mid-term review;
(c)
(c) an extension review; or
(d)
(d) the transition review (under Part 9) in respect of the same tariff rate quota.
(4) The TRA may reject a TRQ review application if it is not made via the TRA’s case management system.
(5) Where the TRA initiates a TRQ review, the TRA must—
(a)
(a) publish a notice of its decision to initiate a TRQ review (a “notice of initiation of a review”) containing the information set out in paragraph 9 of the Schedule; and
(b)
(b) notify the Secretary of State and interested parties.
(6) In conducting a TRQ review, the TRA—
(a)
(a) need not make any assessments or determinations under Parts 2 to 4;
(b)
(b) must determine whether there has been a change in circumstances (see paragraph (9)) since the application of the relevant tariff rate quota; and
(c)
(c) may consider—
whether the amount or allocation of the tariff rate quota is appropriate for domestic market conditions;
the desirability of maintaining, as far as possible, traditional trade flows;
any other factors that it considers relevant.
(7) Following a TRQ review, the TRA may determine that the tariff rate quota to which goods are subject should be—
(a)
(a) maintained in accordance with the relevant public notice made under section 13 of the Act;
(b)
(b) varied; or
(c)
(c) where there is sufficient evidence that UK producers have ceased production of those goods, revoked.
(8) The TRA must not vary a tariff rate quota by—
(a)
(a) reducing the rate of import duty that apply to goods subject to that quota; or
(b)
(b) varying the period for which goods are subject to that quota.
(9) For the purposes of paragraphs (1) and (6)(b), a change of circumstances may, among other things, be—
(a)
(a) the fact that the tariff rate quota, or any part of the quota, has been exhausted;
(b)
(b) a change in demand for the relevant goods;
(c)
(c) the effect of an anti-dumping amount or a countervailing amount being applied to the relevant goods or like goods and directly competitive goods in the United Kingdom;
(d)
(d) trade diversion in relation to the imposition of anti-dumping, countervailing, safeguard or other trade measures by a foreign country or territory;
(e)
(e) the impact of the tariff rate quota on traditional trade flows;
(f)
(f) the fact that imports from a developing country member of the WTO which have been excluded from the application of the tariff rate quota can no longer be excluded under regulation 43 (developing country exception);
(g)
(g) the fact that imports from a developing country member of the WTO which have not been excluded from the application of the tariff rate quota should be excluded under regulation 43.”.
Amendment of regulation 36 (the conduct of reviews)
7. In regulation 36—
(a) in paragraph (4), for “this Part”, substitute “a mid-term review, an extension review or a discontinuation review”;
(b) after paragraph (4), insert—
“4A. Part 5 applies to a TRQ review to the extent that the TRA considers relevant.”;
(c) after paragraph (5), insert—
“6. Regulation 43 (developing country exception) applies to a review conducted under this Part, other than a discontinuation review, and, in the application of that regulation to such a review, the references in that regulation—
(a) to the “application of a provisional safeguarding remedy or definitive safeguarding remedy” should be read as the “maintenance, expiry or variation of a safeguarding remedy following a review”; and
(b) to “goods concerned” should be read as “goods subject to review”.”.
Insertion of regulation 36A (meaning of “varied”)
8. After regulation 36, insert—
“Meaning of “varied”
36A. (1) Where, other than following a TRQ review, the TRA determines that a definitive safeguarding remedy is to be varied under this Part, such variation may, among other things, comprise or include—
(a)
(a) the replacement of the application of a definitive safeguarding amount with a tariff rate quota;
(b)
(b) the replacement of a tariff rate quota with the application of a definitive safeguarding amount;
(c)
(c) the variation of the level or pace of liberalisation.”.
Amendment of regulation 39 (suspension of a definitive safeguarding remedy)
9. In regulation 39(1), omit “some or all of”.
Insertion of Part 7A (investigation in light of an international dispute decision)
10. After Part 7, insert—
“PART 7A
Investigation in light of an international dispute decision
General
(42A) Investigation in light of an international dispute decision
(1)
(1) The Secretary of State may direct the TRA to investigate whether the application to goods of a definitive safeguarding remedy should be maintained, varied, or revoked in light of an international dispute decision3.
(2)
(2) In this Part, “international dispute investigation” means an investigation required by the Secretary of State under paragraph (1).
(42B) Suspension of a definitive safeguarding remedy
(1)
(1) The...
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