   
  
G/ADP/Q1/GBR/10  
G/SCM/Q1/GBR/10  
G/SG/Q1/GBR/12  
 
30 March  2023 
(23-2252) 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  
REPLIES TO THE FOLLOW -UP QUESTIONS1 POSED BY CANADA  
REGARDING THE NOTIFICATION S OF THE UNITED KINGDOM  
The following communication , dated and received on 2 8 March  2023, is being circulated at the 
request of the delegation of the United Kingdom . 
 
_______________  
 
 
The United Kingdom would like to thank Canada for questions relating to its notification and 
associated supplements, and would like to respond as follows:  
I. Supplement pertaining to Section 74 of the Finance Act 20222 
Question  1 
Section 74(3) posits that in the event that the Secretary of State decides whether to vary, 
maintain, or revoke a tariff rate quota, anti -dumping amount or countervailing duty 
amount, or replace a tariff rate quota with an additional import duty, that the "functions 
of the TRA that would otherwise be exercisable in relation to the matters under review or 
reconsideration cease to be exercisable by the TRA" and that "the Secretary of State's 
decision need not be based on a recommendation or decision of the TRA in relation to the 
matters under review or reconsideration."  
Could the United Kingdom please explain how these provisions up hold the requirements 
under the Agreement on Subsidies and Countervailing Measures , the Anti-Dumping 
Agreement , and the Agreement on Safeguards for investigations to be undertaken and a 
determination made by a relevant investigating authority?  
Reply : 
The A greements do not prescribe the internal decision -making process for making determinations in 
applying trade remedies. Where a transition review or reconsideration thereof is called in, the 
Secretary of State becomes legally responsible in UK law for reachi ng determinations in these cases. 
However, in exercising this function, the Secretary of State will direct the Trade Remedies Authority 
(TRA) to assist her. The TRA will therefore continue to maintain its investigatory function, the public 
file, and intere sted parties can continue to take part in the process and engage with the TRA. At the 
end of the call -in process, the TRA provides the Secretary of State a Report of Findings, which the 
Secretary of State must take into account when making a final decision . 
 
1 G/ADP/Q1/GBR/9 - G/SCM/Q1/GBR/9 - G/SG/Q1/GBR/11.  
2 G/ADP/N/1/GBR/1/Suppl.13  - G/SCM/N/1/GBR/1/Suppl.12  - G/SG/N/1/GBR/1/Suppl.12.  G/ADP/Q1/GBR/10 • G/SCM/Q1/GBR/10 • G/SG/Q1/GBR/12  
 
- 2 - 
 
  II. Supplement pertaining to the Trade Remedies (Review and Reconsideration of  
Transitioned Trade Remedies) Regulations 20223 
Question  2 
Section 6(2) states that, in the context of making a decision to vary, maintain or revoke 
a tariff rate quota, anti -dump ing amount or countervailing duty amount, the Secretary of 
State may "request that any person supply information" and may "set time limits for 
responses to requests made by the Secretary of State and vary such time limits."  
Are there any restrictions on th e time limits the Secretary of State may set?  
Reply : 
There are no specific restrictions on time limits the Secretary of State may set.  
III. Supplement Pertaining to the Trade Remedies (Miscellaneous Amendments) 
Regulations 202 24 
Question  3 
Section 96H(2) states that the "Secretary of State may reject the Trade Remedy 
Authority's recommendation only if satisfied that the recommendation is not one that the 
TRA could reasonably have made."  
What information will the Secretary of State base this assessment on? How is it to be 
determined if the recommendation "is not one that the TRA could have reasonably made"?  
Reply : 
The Secretary of State 's assessment will be based on information provided by the TRA and will be 
made in accordance with public law principles.  
 
__________  
 
3 G/ADP/N/1/GBR/1/Suppl.14  - G/SCM/N/1/GBR/1/Suppl.13  - G/SG/N/1/GBR/1/Suppl.13.  
4 G/ADP/N/1/GBR/1/Suppl.15  - G/SCM/N/1/GBR/1/Suppl.14  - G/SG/N/1/GBR/1/Suppl.14.  