G/SG/Q1/GBR/ 8 
 
 
6 January  2022 
(22-0115) Page: 1/3 
Committee on Safeguards  Original:  English  
 
  
NOTIFICATION OF LAWS AND REGULATIONS UNDER  
ARTI CLE 12.6 OF THE AGREEMENT  OF SAFEGUARDS  
REPLIES TO QUESTIONS POSED BY JAPAN1 REGARDING  THE  
NOTIFICATION OF THE UNITED KINGDOM2 
The following communication dated and received on 5 January 2022, is being circulated at the 
request of the delegation of the United Kingdom . 
 
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Question 1  
Trade Remedies Regulations 2021 (G/SG/N/1/GBR/1/Suppl.11) (hereinafter, called 
"this regulation") states "The Secretary of State makes the following Regulations in 
exercise of the powers conferred by sections 51(1) and 56(1) of the Taxation 
(Cross -border Trade) Act 2018" at the beginning. What procedure was required when 
making this amendment in the UK?  
Is the Secretary of State authorized to solely amend this regulation on her own, while this 
regulation includes the provisions to expand the scope of the discretion of herself, such 
as Article 3?  
Reply : 
 
The regulation was made under section 51 and 56 of the Taxation (Cross -border Trade) Act 2018. 
Section 51 allows the Secretary of State to make such provision relating to any duty of customs as 
she considers appropriate in consequence of or otherwise in connection with, the withd rawal of the 
United Kingdom from the EU. Section 56 allows her to make regulations as she considers appropriate 
in consequence of the Taxation (Cross -border Trade) Act 2018. Both sections require the 
Trade  Remedies Authority ("TRA") to be consulted before the power is exercised. Unless the 
instrument amends or repeals an Act of Parliament it is subject to annulment in pursuance of a 
resolution of the House of Commons.  
 
Question 2  
Please explain the reasons why Article 3 of this regulation stipulates the Sec retary of 
State's power to make a public notice only for tariff rate quotas and only with respect to 
steel products.  
Reply : 
 
The purpose of the regulations is to allow for tariff rate quotas ( "TRQs") on certain steel products to 
continue to for a limited p eriod to allow the TRA to be able to reconsider the recommendation it has 
made that the steel safeguard measure on certain steel products should not be extended.  
 
 
1 G/SG/Q1/GBR/7.  
2 G/SG/N/1/GBR/1/Suppl.11.  G/SG/Q1/GBR/ 8 
- 2 - 
  The TRA announced on 7 September the initiation of a reconsideration of its recommendation to  the 
Secretary of State following its transition review of the safeguard measure on certain steel products. 
This follows its acceptance of eight submissions from UK and overseas industry requesting that it 
reconsider its recommendation. The TRA is reconsid ering its original determination on 14 steel 
product categories made in its recommendation, including the TRQs on certain steel products that 
were extended as a result of these regulations.  
 
Question 3  
Please describe the differences caused by this regulation between the process and power 
to impose tariff rate quotas on steel products and the general process and power to 
impose safeguard measures on any other products.  
Reply : 
 
At the end of the transition period, the United Kingdom retained within it s domestic legal framework 
certain EU trade remedy measures of relevance to it. The retained measures included the EU 
safeguard measure on certain steel products, which was the only definitive safeguard measure 
imposed by the EU then in force. In order to retain these measures, the Secretary of State was 
required to make a determination notice and then give effect to this determination notice by a 
taxation notice.  
 
Regulation 3(1) provides that the Secretary of State may only make the provisions that she c onsiders 
appropriate in relation to all or some of the steel products specified in the taxation notice by which 
the existing EU safeguard measure on certain steel products was retained in the United Kingdom. 
The Secretary of State may make the provisions t hat she considers appropriate only in relation to 
all or some of the steel products specified in the taxation notice and she may make these provisions 
that she considers appropriate at any time.  
 
The Trade Remedies Authority may initiate a safeguarding inv estigation in relation to other products 
under paragraph 7 of Schedule 5 of the Taxation (Cross -border Trade) Act 2018.  
 
Question 4  
According to Article 3 -(2) and Article 5 of this regulation, the public notice made by the 
Secretary of State includes the f ollowing factors and he or she is authorized to "amend or 
withdraw" them:  
"(a) the products to which the tariff rate quota applies"; and  
"(f) the terms on which a part or the whole of a tariff rate quota is allocated or may be 
used".  
When the Secretary of State adds the specific steel products which have not been included 
in the TRA recommendation to the notice based on Article 3 -(2) of this regulation, what 
kind of process is expected to decide which products should be subject to the notice? 
Please clarify  the procedure ‒ e.g. if the TRA recommendation  / investigation is required.  
In addition, when the Secretary of State adds the specific steel products which are not 
included in the TRA recommendation to the notice based on Article 3 -(2) of this regulation, 
is the legal effect of that notice going to be exactly the same as the origi nal notice which 
has been made based on the TRA recommendation? That is, do those two notices have the 
same  legal effects in terms of matters such as the scope and enforcement of measures, 
and whether any appealing / objection process is required afterwards? If the legal effects 
are different, where in the legislations or guidelines in the UK are they explained?  
Reply : 
 
Regulation 3(1) provides that the Secretary of State may only make the provisions that she considers 
appropriate in relation to all or some of the steel products specified in the taxation notice. The 
taxation notice means the notice that was made under regulation 47(2) of the Trade Remedies 
(Increase in Imports Causing Serious Injury to UK Producers) (EU Exit) Regulations 2019 giving 
effect to the determination notice transitioning existing EU tariff rate quotas. The Trade Remedies 
Authority has re viewed the application of tariff rate quotas included in the taxation notice and made G/SG/Q1/GBR/ 8 
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  a recommendation relating to all the products. It is now conducting a reconsideration of its 
recommendation.  
 
The legal effect of the notice is set out in regulation 4 of  the regulations, that is that any notice made 
under regulation 3(1) is to be treated as if it were a public notice made under section 13(3) of the 
Taxation (Cross -border Trade) Act 2018.  
 
Question 5  
Is it technically possible for the Secretary of State to  make a notice to impose quotas on 
the products which are not included in the TRA recommendation, or to impose quotas 
which are not necessarily consistent with the basic safeguards discipline of "to the extent 
necessary" under Article 5.1 of the Agreement on Safeguards?  
Considering the above circumstances, we wonder which authority will in what way assure 
the consistency with WTO Agreements under this regulation.  
 
 
Reply : 
 
The Trade Remedies Authority made a recommendation in relation to all products includ ed in the 
taxation notice, as required under regulation 50(1) of the Trade Remedies (Increase in Imports 
Causing Serious Injury to UK Producers) (EU Exit) Regulations 2019. It is not possible for the 
Secretary of State to make a notice to impose quotas on products that have not been included in a 
Trade Remedies Authority recommendation.  
 
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