   
  
G/ADP/N/1/GBR/1/Suppl.15  
G/SCM/N/1/GBR/1/Suppl.14  
G/SG/N/1/GBR/1/Suppl.14  
 
11 May 2022  
(22-3686) Page: 1/6 
Committee on Antidumping Practices  
Committee on Subsidies and Countervailing Measures  
Committee on Safeguards  Original: English  
 
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 May 2022, is being circulated at the request 
of the delegation of the United Kingdom.  
 
_______________  
INTRODUCTION  
In accordance with the obligations under Article 18.5 of the Agreement on the Implementation of 
Article VI of the GATT  1994, Article 32.6 o f the Agreement on Subsidies and Countervailing 
Measures, and Article  12.6 of the Agreement on Safeguards, to notify laws, regulations and 
administrative procedures to the Committee on Anti -Dumping Practices, the Committee on Subsidies 
and Countervailing M easures, and the Committee on Safeguards , the Government of the United 
Kingdom hereby notifies the Committees of the enclosed regulation relevant to the Agreement.  
 
2022 N o. 414 
CUSTOMS  
TRADE  
THE TRADE REMEDIES (MISCELLANEOUS AMENDMENTS) REGULATIONS 2022  
Made   - - - - 29th March 2022  
Laid before the House of Commons  31th March 2022  
Coming into force   - - 3rd May 2022  
The Secretary of State for International Trade makes the following Regulations in exercise of the 
powers conferred by sections 13(5), 32(1), (7) and (8), 51(1)(b) and 56 of, and paragraphs 21, 30, 
31 and 32(3) of Schedule 4, and paragraphs 21, 29 and 31(3) of Schedule 5 to, the 
Taxation  (Cross -border Trade) Act 2018(a).
 
 
a) 2018 c. 22. The Secretary of State for International Trade is the appropriate Minister for the 
purposes of sections 51(1) and 56 by virtue of sections 51(4)(a) and 56(5) respectively.  G/ADP/N/1/GBR/1/Suppl.15 • G/SCM/N/1/GBR/1/Suppl.14 • G/SG/N/1/GBR/1/Suppl.14  
 
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  Citation and commencement  
1. These Regulations may be cited as the Trade Remedies (Miscellaneous Amendments) 
Regulations  2022 and come into force on 3 rd May 2022.  
Amendment of the Trade Remedies (Increase in Imports Causing Serious Injury to UK 
Producers) (EU Exit) Regulations 2019  
2. Regulation 2 (interpretation) of the Trade Remedies (Increase in Imports Causing Serious 
Injury to UK Producers) (EU Exit) Regulations 2019 (b) is amended as follows — 
(a) in the definition of "interested party" after  paragraph (e) insert — 
 “(f) an overseas producer of the goods concerned or the goods subject to 
review; ”; 
(b) after the definition of "overseas exporter" insert — 
“"overseas pr oducer" means a person outside of the United Kingdom that 
produces goods; ”; 
(c) for the definition of "pace of liberalisation" substitute — 
“"pace of liberalisation" means — 
(i) in respect of a definitive safeg uarding amount, the process by which the 
amount of import duty applicable to the goods becomes progressively 
smaller, in accordance with paragraph 17(4)(b) of Schedule 5 to the Act;  
(ii) in respect of a tariff rate quota, the process by which the amount of import 
duty applicable to goods becomes progressively smaller, or the amount of 
the quota becomes progressively larger, or both, in accordance with 
paragraph 18(5)(b) of Schedule 5 to the Act; ”. 
Amendment of the Trade Remedies ( Dumping and Subsidisation) (EU Exit) 
Regulations  2019  
3.—   (1) The Trade Remedies (Dumping and Subsidisation) (EU Exit) Regulations 2019 (a) are 
amended as follows.  
(2) In regulation 2 (interpretation) — 
(a) in the definition of "interested party" after paragraph (e) insert — 
"(f) an overseas producer of the goods concerned or the goods subject to 
review;";  
(b) after the definition of "non -confidential summary" insert — 
""overseas producer" means a person outside of the United Kingdom that 
produces goods;"  
(c) in the definition of "review application" after "Part 7" insert "or 12".
 
 
b) S.I. 2019/449, relevant amending instrument S.I. 2020/99. There are  other amendments, but these 
are not relevant to this instrument.  
(a) S.I. 2019/450 as amended by S.I. 2019/1076, 2020/99 and 2021/942. There are other 
amendments, but these are not relevant to this instrument.  G/ADP/N/1/GBR/1/Suppl.15 • G/SCM/N/1/GBR/1/Suppl.14 • G/SG/N/1/GBR/1/Suppl.14  
 
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  (3) In regulation 94 (interpretation for Part 12) after the definition of "appropriate date" 
insert — 
""circumvention" has the meaning given in regulation 73(2);";  
(4) After regulation 96D (transition of EU exemption after replacement of EU trade duty) 
insert — 
“PART 3A  
EXEMPTIONS TO UK TRADE REMEDIES MEASURES  
UK trade remedies measure exemption review  
96E.— (1)  The TRA( b) may conduc t a review (a "UK trade remedies measure exemption review") 
to consider whether goods imported by a review applicant should be exempted from the 
application of a UK trade remedies measure.  
(2) The TRA must initiate a UK trade remedies measure exemption review — 
(a) where a review application is made by or on behalf of an importer or overseas 
exporter; and  
(b) the TRA  is satisfied that the review application contains sufficient information to 
substantiate the need for a review in accordance with paragraph (4) or (5).  
(3) Parts 2, 3, 4 and 6 apply to a UK trade remedies measure exemption review to the 
extent that the TRA co nsiders relevant.  
(4) Where the review applicant is an overseas exporter, a review application must include 
evidence that the overseas exporter is not engaged in circumvention of the UK trade 
remedies measure.  
(5) Where the review applicant is an importer, the app lication must include evidence that — 
(a) the importer is not related to an overseas exporter which is subject to the UK trade 
remedies measure; and  
(b) the importer is not engaged in circumvention of the UK trade remedies measure.  
(6) The TRA may determine to reject a  review application, in particular where it has 
conducted a previous review into an application made by the relevant review applicant 
in respect of the relevant UK trade remedies measure and there is no change of 
circumstances.  
(7) Where the TRA rejects a revi ew application, the TRA must notify the review applicant.  
(8) Where the TRA initiates a UK trade remedies measure exemption review, the TRA 
must— 
(a) publish a notice of its decision to initiate a review; and  
(b) recommend that the Secretary of State suspends, by a pu blic notice, the application 
of the UK trade remedies measure to the review applicant's goods pending the 
outcome of the UK trade remedies measure exemption review.  
(9) A notice under paragraph (8)(a) must — 
(a) specify the relevant UK trade remedies measure; and  
 
(b) See sections 13 and 38 of the Taxation (Cross -border Trade) Act 2018 for the meaning of “TRA”.  G/ADP/N/1/GBR/1/Suppl.15 • G/SCM/N/1/GBR/1/Suppl.14 • G/SG/N/1/GBR/1/Suppl.14  
 
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  (b) contain the information set out in paragraph 1(d), (f), (g) and (k) and (l) of 
Schedule  3. 
(10)  The TRA  may satisfy a requirement of paragraph (9) by reference to a document on an 
Internet site that is available to the public and free of charge.  
Suspension of application of a UK trade remedies measure  
96F.— (1) Where the TRA makes a recommendation under reg ulation 96E(8)(b), the Secretary of 
State must decide whether to accept or reject that recommendation.  
(2) Where the Secretary of State rejects the TRA 's recommendation, the Secretary of State 
must notify the review applicant of the reasons for the decision.  
(3) Where the Secretary of State accepts the TRA 's recommendation, the Secretary of State 
may suspend, by public notice, the application of the UK trade remedies measure to 
the review applicant 's goods pending the outcome of the UK trade remedies exemption 
review.  
TRA recommendation on exemption to a UK trade remedies measure  
96G.— (1) Where the conditions in paragraphs (2) and (3) are met, the TRA may mak e a 
recommendation to the Secretary of State to exempt the review applicant 's goods from the 
application of a UK trade remedies measure (a "UK trade remedies measure exemption 
recommendation "). 
(2) The first condition is that the UK trade remedies measure appl ies an EU trade remedies 
measure that was extended following an EU circumvention review.  
(3) The second condition is that the TRA has determined that — 
(a) where the review applicant is an overseas exporter, the review applicant is not 
engaged in circumvention of the UK trade remedies measure; or  
(b) where the review applicant is an importer, the review applicant — 
 (i) is not related to an overseas exporter which is subject to the UK trade remedies 
measure; and  
 (ii) is not engaged in circumvention of the UK trade remedies measure.  
(4) Where the TRA determines not to make a recommendation under paragraph (1), it 
must— 
(a) publish a notice of the reasons for its decision;  
(b) notify the Secretary of State and the review applicant; and  
(c) where the Secretary of St ate has suspended the application of the UK trade remedies 
measure to the review applicant 's goods, the TRA must recommend that the Secretary 
of State reinstates the application of the UK trade remedies measure to the review 
applicant 's goods.  
(5) Where the TR A has made a recommendation in accordance with paragraph 4(c), the 
Secretary of State may, by a public notice, reinstate the application of the UK trade 
remedies measure to the review applicant 's goods from the day after the day that the 
public notice is m ade. 
(6) Where the TRA makes a UK trade remedies measure exemption recommendation, the 
recommendation must include — 
(a) details of the review applicant 's goods;  
(b) details of the public notice which applies the UK trade remedies measure concerned;  G/ADP/N/1/GBR/1/Suppl.15 • G/SCM/N/1/GBR/1/Suppl.14 • G/SG/N/1/GBR/1/Suppl.14  
 
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  (c) the name of the imp orter or overseas exporter concerned; and  
(d) the reasons for the recommendation.  
(7) In this regulation, "EU circumvention review " means a review conducted pursuant to 
Article  13 of the EU anti -dumping regulation, Article 23 of the EU countervailing 
regulation or a circumvention review conducted pursuant to powers under an earlier EU 
regulation under which a circumvention review could have been conducted.  
Acceptance or rejection by the Secretary of State of the TRA 's recommendation to grant 
an exempti on to a UK trade remedies measure  
96H.— (1) Where the TRA makes a UK trade remedies measure exemption recommendation in 
accordance with regulation 96G the Secretary of State must accept or reject the recommendation.  
(2) The Secretary of State may reject the TR A's recommendation only if satisfied that the 
recommendation is not one that the TRA could reasonably have made.  
(3) Where the Secretary of State rejects the TRA 's recommendation, the Secretary of State 
must— 
(a) publish a notice containing the information set out  in paragraph 3A of Schedule 3;  
(b) notify the review applicant of the reasons for the decision; and  
(c) lay a statement before the House of Commons setting out the reasons for rejecting 
the recommendation.  
(4) Where the Secretary of State rejects the TRA 's recommenda tion, the Secretary of State 
may, by public notice, apply the rate previously applied under the UK trade remedies 
measure to goods imported by the review applicant from day after the day that the 
public notice is made.  
(5) Where the Secretary of State accepts the TRA 's recommendation, the Secretary of State 
must publish a notice containing the information set out in paragraph 3A of Schedule 3.  
Treatment of public notices made under regulations 96F to 96H  
96I. A public notice made under regulation 96F(3), 96G(5) or 96H(3)(a), (4) or (5) is to be treated 
as if it were a public notice made under section 13(4) of the Act. ”. 
(5) In regulation 99A (conduct of a transition review), for paragra ph (1) substitute — 
“(1) In a transition review, the TRA must consider whether — 
(a) the dumping of the goods or the importation of the subsidised goods subject to 
review would be likely to continue or recur if the anti -dumping amount  or 
countervailing amount were no longer applied to those goods; and  
(b) injury to a UK industry in the goods would be likely to continue or recur if the anti -
dumping or countervailing amount were no longer applied to those goods. ”. 
Amendment of Schedule 3 (Content of review notices)  
4. After paragraph 3 insert — 
“Notice of the Secretary of State accepting or rejecting a recommendation by the 
TRA to exempt an importer or overseas exporter from an anti -dumping amount or a 
countervailing amount or a UK trade remedies measure  G/ADP/N/1/GBR/1/Suppl.15 • G/SCM/N/1/GBR/1/Suppl.14 • G/SG/N/1/GBR/1/Suppl.14  
 
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  3A. The information to be contained in a no tice referred to in regulation 96H(3)(a) and  (5) is— 
(a) a description of the goods to which the notice relates;  
(b) the name of the importer or the overseas exporter that made the application for an 
exemption under regulation 96E;  
(c) a summary of the review;  
(d) the reasons for the TRA 's recommendation;  
(e) where the Secretary of State accepts the TRA 's recommendation — 
(i) the name of the importer or overseas exporter to which the exemption 
relates; and  
(ii) the date from which the exemption from the application of the UK trad e 
remedies measure applies. ”. 
Amendment of the Trade Remedies (Reconsideration and Appeals) (EU Exit) Regulations 
2019  
5.—(1) The Trade Remedies (Reconsideration and Appeals) (EU Exit) Regulations 2019( a) are 
amended as follows.  
(2) In regulation 2 (public file) — 
(a) the existing text is numbered as paragraph (1);  
(b) in paragraph (1), for "every reconsideration " substitute "a reconsideration "; 
(c) after paragraph (1) insert:  
“(2) Paragraph (1) does not apply to a reconsideration of a determination made 
under paragraph 9(4) of Schedule 4 to the Act to reject an application for the 
initiation of a dumping investigation or a subsidisation investigation .” 
(3) In Schedule 1 (determinations or recommendations made under the Dumping and 
Subsidisation Regulations), in Part 3, after paragraph 29, insert — 
“29A. A determination under regulation 96E(6) to reject a review application.  
29B. A recommendation under regulation 96G(1) in relation to an exemption from a UK 
trade remedies measure.  
29C. A determination under regulation 96G(4) not to make a recommendation under 
regulation 96G(1). ”. 
(4) In Schedule 2 (determinations of the Secretary of State that are subject to appeal), in Part  2, 
after paragraph 7 insert — 
“8. The acceptance or rejection under regulation 96F(1) of a recommendation to 
suspend the appli cation of the UK trade remedies measure.  
9. The acceptance or rejection under regulation 96H(1) of a recommendation made by 
the TRA to exempt an importer or overseas exporter from a UK trade remedies measure.
”. 
__________  
 
(a) S.I. 2019/910.  