  
  
G/ADP/Q1/GBR/1  
G/SCM/Q1/GBR/1  
G/SG/Q1/GBR/1  
6 October  2020 
(20-6813) Page: 1/2 
Committee on Anti -Dumping 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  
QUESTIONS POSED BY THE UNITED STATES REGARDING  
THE NOTIFICATION OF UNITED KINGDOM1 
The following communication  dated 2 October  2020, is being circulated at the request of the 
delegation of the United States.  
 
_______________  
 
 
The United States thanks the United Kingdom  for its notification of the Taxation (Cross -Border 
Trade) Act 2018 [Section 13,  32, 51, 56, 57 and Schedules 4 and 5]  (hereinafter "Taxation Act 
of 2018"), and  poses the following questions:  
Question 1  
Please clarify what legal authority takes precedence in the event of a conflict between the Taxation 
Act of 2018 and the WTO A greements.  
Question 2 
Schedule 4, Part 1, Section 6(1)(b)  of the Taxation Act of 2018 states  "a "UK industry " in particular 
goods means … (b) those of them whose collective output of like goods constitutes a major 
proportion of the total production in the United Kingdom of those goods ." Please clarify how the 
United Kingdom will determine what constitutes a  major proportion  of the total production in the 
United Kingdom . 
Question 3 
Does the Secretary of State have the authority to halt the initiation of a dumping or subsidization 
investigation if all of the requirements in Schedule 4, Part 2, Sec tion 9(1)(a) to (d) are met?  
Question 4 
Schedule 4, Part 2, Section 10(2)(a) to (j)  of the Taxation Act of 2018 lists items that may be 
addressed by regulations.  Please identify where in the regulations each of the listed items are 
addressed, and if any are not addressed, if and when  the U nited Kingdom  expects to do so.  
 
1 G/ADP/N/1/GBR/1  - G/SCM/N/1/GBR/1  - G/SG/N/1/GBR/1 (dated 6  February  2020). For the sake of 
efficiency, the United States suggests that committee review for questions 1 -7 be conducted in the Committee 
on Anti -Dumping Practices, while review for questions 8 and 9 be conducted in the Committee  on Safeguards.  G/ADP/Q1/GBR/1 • G/SCM/Q1/GBR/1 • G/SG/Q1/GBR/1  
- 2 - 
  Question 5 
With regard to Schedule 4, Part 4, Section 20(1)  and the Secretary of State 's consideration of the 
recommendation of the T rade Remedies Authority (hereinafter "TRA"): 
a. Does the Secretary of State have any authority  to review a negative final determination 
by the TRA ? 
b. Do interested  parties have an opportunity to provide comments on the Secret ary of State 's 
acceptance or rejection of a recommendation by the TRA ? If so, will those comments be 
addressed in public notices by the authority?  
Question 6 
When considering whether the application of an anti -dumping remedy or anti -subsidy remedy is not 
in the economic interest of th e United Kingdom , as mentioned in Schedule 4, Part 6, Section 25(4): 
a. How will the results of the economic interest test be announced?  
b. Who will have access to review  the results of the economic interest test?  
c. Will the TRA or Secretary of State accept comments from interested parties  regard ing the 
results of the economic interest test ? 
Question 7 
Schedule 4, Part 6, Section 3 2(3) defines "interested parties " as "the governments of such foreign 
countries or territories, or such other persons, as may be specifi ed in regulations  …" Please clarify 
whether foreign producers are also considered interested parties.  If not, what role does a foreign 
producer have  in an antidumping or countervailing duty proceeding ? 
Question 8 
Schedule 5, Part 2, Article 6(1)(a) of the Taxation Act of 2018 notes that the TRA may investigate 
"whether goods have been or are being imported into the Unite d Kingdom in increased quantities ". 
Article 9(1)(a) further states that an affirmative determination means that "the goods have been or 
are being imported into the United Kingdom in increased quantities ". Please clarify how th ese 
provision s account for  Article 2 of the WTO Agree ment on Safeguards , which states that Members 
may apply a safeguard only if it has been determined that the imports are of such "increased 
quantities, absolute or relative to domestic production… " 
Question 9 
Part 5, Article 23 of Schedule 5 of the Taxation Act of 2018 discusses the economic interest test that 
the TRA or the Secretary of State must consider when deciding whether to impose a safeguard 
measure.  However, it is not clear that interested parties have the opportunity to make their views 
known as part of the economic interest test, or whether interested parties would be able to comment 
on the TRA or Secretary of State 's determination of the economic i nterest test  before a measure is 
implemented . Please confirm that interested parties will have the opportunity to present comments 
and evidence about whether a safeguard measure would meet the economic interest test as well as 
an opportunity to comment on the TRA or Secretary of State 's economic interest test asse ssment  
before a measure 's implementation . 
 
__________  