G/ADP/N/1/GBR/1/Suppl.13  
G/SCM/N/1/GBR/1/Suppl.12  
G/SG/N/1/GBR/1/Suppl.12  
 
30 March 2022  
(22-2603) Page: 1/3 
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  
UNITED KINGDOM  
Supplement  
The following notification, dated  and received on  22 March  2022, is being circulated at the request 
of the delegation of the United Kingdom.  
 
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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 of 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 Measures, and the Committee on Safeguards, the Unit ed Kingdom hereby notifies 
the Committees of the enclosed legislation relevant to the Agreements:  
 
• Section 74 of the Finance Act 2022;  
FINANCE (NO 2) ACT 2022 [SECTION 74]  
74 Transitioned trade remedies: decisions by Secretary of State  
(1) Subsections  (2) to (10) apply where a relevant review or reconsideration of a transitioned trade 
remedy has been initiated by the Trade Remedies Authority ("the TRA") but has not been concluded.  
(2) The Secretary of State may notify the TRA in writing that, in relation to the  matters under review 
or reconsideration, the Secretary of State is to decide whether to — 
(a) vary, maintain or revoke a tariff rate quota, anti -dumping amount or countervailing 
amount that is applicable to the goods to which the review or reconsideration relates, or  
(b) replace a tariff rate quota that is applicable to the goods to which the review or 
reconsideration relates with an additional amount of import duty.  
(3) Accordingly — 
(a) functions of the TRA that would otherwise be exercisable in relation t o the matters 
under review or reconsideration cease to be exercisable by the TRA (but this is subject to 
subsection  (6)(d) ); G/ADP/N/1/GBR/1/Suppl.13 • G/SCM/N/1/GBR/1/Suppl.12 • G/S G/N/1/GBR/1/Suppl.12  
 
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  (b) the S ecretary 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;  
(c) provisions made by the Safeguards Regulations, the Dumping and Subsidisation 
Regulations and the Recon sideration and Appeals Regulations have effect subject to 
provision made by or under this section.  
(4) The Secretary of State must publish notice giving effect to a decision under subsection  (2). 
(5) The Secretary of State may by regulations make provision for the purposes of subsection  (2). 
(6) The following are examples of provision that regulations under subsection  (5) may make in 
relation to a decision under subsection (2) — 
(a) provision specifying steps that are to be taken by the Secretary of State before 
notifying the TRA under subsection  (2), 
(b) provision specifying factors that are, or are not, to be taken into account by the 
Secretary of State in making the decision,  
(c) provision treating steps taken by the TRA in relat ion to the matters under review or 
reconsideration as steps taken by the Secretary of State,  
(d) provision requiring the TRA to do specified things of any kind (including things specified 
by the Secretary of State in directions) for the purpose of assistin g the Secretary of State 
in making the decision,  
(e) provision authorising the disclosure of information between the Secretary of State and 
the TRA,  
(f)provision treating notice of the decision and anything having effect under the decision 
as having effect  under TCTA 20181, 
(g) provision for and in connection with appeals against the decision, and  
(h) provision amending or otherwise modifying the Safeguards Regulations, the Dumping 
and Subsidisation Regulations or the Reconsideration and Appeals Regulations.  
(7) For the purposes of this section — 
(a) a relevant review or reconsideration of a transitioned trade remedy is initiated when — 
(i) the TRA publishes notice of initiation of a review under regulation 49(2)(a) of 
the Safeguards Regulations or regulation 98(1) of the Dumping and Subsidisation 
Regulations,  
(ii) the TRA publishes notice of initiation of a reconsideration of an original decision 
under regulation 12(1) of the Reconsideration and Appeals Regulations, or  
(iii) the Upper Tribunal refer s an original decision back to the TRA under 
regulation  18(3) of the Reconsideration and Appeals Regulations;  
(b) a relevant review or reconsideration of a transitioned trade remedy is concluded 
when — 
(i) the Secretary of State accepts or rejects the TRA's  recommendation or decision 
following the review or reconsideration,  
 
1 In the Act the abbreviation "TCTA 2018 " references the Taxation (Cross -border Trade) Act 2018 . G/ADP/N/1/GBR/1/Suppl.13 • G/SCM/N/1/GBR/1/Suppl.12 • G/SG/N/1/GBR/1/Suppl.12  
 
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  (ii) the TRA publishes notice or notifies the Secretary of State that it is upholding 
the original decision under regulation 14(5) of the Reconsideration and Appeals 
Regulations (whicheve r is earlier), or  
(iii) the TRA makes a new decision following a referral by the Upper Tribunal under 
regulation 18(3) of the Reconsideration and Appeals Regulations.  
(8) For the purposes of subsection  (7), an "original decision" means a recommendation made by the 
TRA to the Secretary of State under — 
(a) regulation 100(1) of the Dumping and Subsidisation Regulations, or  
(b) regulation 51(1) o f the Safeguards Regulations.  
(9) Section 32(7) and (8) of TCTA 2018 apply to regulations made under this section as if they were 
regulations made under Part 1 of that Act.  
(10) Regulations under this section are to be made by statutory instrument; and an instrument 
containing regulations made under this section is subject to annulment in pursuance of a resolution 
of the House of Commons.  
(11) In regulation 14 of the Reconsideration and Appeals Regulations, after paragraph (5) insert — 
"(5A) Where the original decision is a recommendation under regulation 
100(1) of the Dumping and Subsidisation Regulations or regulation 51(1) 
of the Safeguards Regulations, the TRA must notify the Secretary of State 
of its intention to uphold the original de cision at least 30 days before taking 
the steps under paragraph (5)."  
(12) In this section — 
"the Safeguards Regulations" means the Trade Remedies (Increase in 
Imports Causing Serious Injury to UK Producers) (EU Exit) Regulations 
2019 ( S.I. 2019/449 ); 
"the Dumping and Subsidisation Regulations" means the Trade Remedies 
(Dumping and Subsidisation) (EU Exit) Regulations 2019 ( S.I. 2019/450 ); 
"the Reconsideration and Appeals Regulations" means the Trade Remedies 
(Reconsideration and Appeals) (EU Exit) Regulations 2019 ( S.I. 2019/910 ). 
(13) This section is treated as having come into force on 3 November 2021.  
 
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