G/ADP/N/1/GBR/1/Suppl.14  
G/SCM/N/1/GBR/1/Suppl.13  
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30 March 2022  
(22-2606) Page: 1/11 
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.  
 
_______________  
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 United  Kingdom hereby notifies 
the Committees of the enclosed legislation relevant to the Agreements:  
• The Trade Remedies (Review and Reconsideration of Transitioned Trade Remedies) 
Regulations 2022  
THE TRADE REMEDIES (REVIEW AND RECONSIDERATION OF TRANSITIONED TRADE 
REMEDIES) REGULATIONS 2022  
STATUTORY INSTRUMENTS  
2022 NO. 113  
CUSTOMS  
TRADE  G/ADP/N/1/GBR/1/Suppl.14 • G/SCM/N/1/GBR/1/Suppl.13 • G/SG/N/1/GBR/1/Suppl.13  
 
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  THE TRADE REMEDIES (REVIEW AND RECONSIDERATION OF TRANSITIONED TRADE REMEDIES) 
REGULATIONS 2022  
 
Made   - - - - 7th February 2022  
Laid before the House of Commons  9th February 2022  
Coming into force   - - 2nd March 2022  
The Secretary of State makes the following  Regulations pursuant to section 1(1) and (2) of the 
Provisional Collection of Taxes Act 1968(1) and a resolution passed by the House of Commons on 
2nd November 2021(2). 
Citation, commencement and extent  
1. (1) These Regulations may be cited as the Trade Re medies (Review and Reconsideration of 
Transitioned Trade Remedies) Regulations 2022 and come into force on 2nd March 2022.  
(2) These Regulations extend to the United Kingdom.  
Interpretation  
2. In these Regulations — 
"Call-in Notice" has the meaning given by re gulation 4(2);  
"public file" means — 
(a) in respect of a review of the application of an anti -dumping amount or a countervailing 
amount to goods, the file referred to in regulation 44 of the Dumping and Subsidisation 
Regulations(3); 
(b) in respect of a reconsideration of a transitioned trade remedy, the file referred to in 
regulation 4 of the Reconsideration and Appeals Regulations(4);  
"Report of Findings" has the meaning given by regulation 7(1)(c);  
"the TRA" means the Trade Remedies Authority(5). 
Secretary of State to decide in relation to a review or reconsideration of a transitioned 
trade remedy  
3. Regulations 4 to 18 apply where — 
 
(1) 1968 c. 2.  
(2) Budget resolution number 36, recorded in the House of Commons Votes and Proceedings for 2nd 
November 2021 ( "Budget resolution number 36 "). The resolution contains a declaration that it is expedient in 
the public interest that the resolution should have statutory effect under the provisions of the Provisional 
Collection of Taxes Act 1968 ( "the 1968 Act "). Section 1(3) to (5) of the 1968 Act sets out the circ umstances in 
which the resolution will cease to have statutory effect. By virtue of section 1(5), the resolution will cease to 
have effect once provisions corresponding to those are enacted in the next Finance Act. The resolution will in 
any case cease to have effect after 3rd June 2022 by virtue of section 1(3). Relevant amendments to section 1 
were made by section 88(1) to (7) of the Finance Act 2011 (c. 11). Further relevant amendments were made 
to section 1(3) to (5) by section 60 of the Finance Act 196 8 (c. 44), section 205(5) of the Finance Act 1993 
(c. 34) and section 112(1) of the Finance Act 2007 (c. 11).  
(3 )The definition of "the Dumping and Subsidisation Regulations " can be found in Budget resolution 
number 36.  
(4) The definition of "the Recons ideration and Appeals Regulations " can be found in Budget resolution 
number 36.  
(5) The Trade Remedies Authority was established under the Trade Act 2021(2021 c. 10).  G/ADP/N/1/GBR/1/Suppl.14 • G/SCM/N/1/GBR/1/Suppl.13 • G/SG/N/1/GBR/1/Suppl.13  
 
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  (a) a review or reconsideration of a transitioned trade remedy has been initiated by the TRA 
but has not been concluded, and  
(b) the Secretary of State notifies the TRA in writing that, in relation to the matters under 
review or reconsideration, the Secretary of State is to decide whether to — 
(i) vary, maintain or revoke a tariff rate quota, anti -dumping amount or countervailing 
amount t hat is applicable to the goods to which the review or reconsideration relates, 
or 
(ii) 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.  
Notice  
4. —(1) Where the Secretary of State notifies the TRA as mentioned in regulation 3(b), the 
Secretary of State must lay a statement before the House of Commons which must include — 
(a) a description of the goods to which the review or reconsidera tion relates,  
(b) where the review or reconsideration relates to an anti -dumping amount or a countervailing 
amount applicable to goods, the name of the exporting country or territory (as mentioned 
in the TRA's notice of initiation of the review under regulatio n 98(1) of the Dumping and 
Subsidisation Regulations),  
(c) the reasons why the Secretary of State is to decide on the matters under review or 
reconsideration,  
(d) the date on which the Secretary of State notified the TRA as mentioned in regulation 3(b), 
and 
(e) the TRA reference number of the review or reconsideration.  
(2) The Secretary of State must also publish a notice (referred to in these Regulations as "a Call -in 
Notice") which must include — 
(a) where the Call -in Notice relates to a review of an anti-dumping amount or a countervailing 
amount applicable to goods — 
(i) the date on which the TRA published the notice of initiation of the review under 
regulation 98(1) of the Dumping and Subsidisation Regulations, and  
(ii) details of the review process to be carr ied out by the Secretary of State, if this differs 
from the process as set out in the TRA's notice of initiation of the review under 
regulation 98(1) of the Dumping and Subsidisation Regulations;  
(b) where the Call -in Notice relates to a reconsideration of a t ransitioned trade remedy, the 
date on which the TRA published the notice of initiation of the reconsideration under 
regulation 12(1) of the Reconsideration and Appeals Regulations.  
(3) The Call -in Notice may be published by the Secretary of State in such a  manner as the Secretary 
of State considers appropriate.  
TRA to maintain the public file  
5. —(1) The TRA must maintain the public file in respect of the matters under review or 
reconsideration in accordance with the provisions of this regulation.  
(2) The TRA must include in the public file only — 
(a) evidence that the TRA considers material to the matters under review or reconsideration;  
(b) where the Secretary of State so directs, evidence that the Secretary of State considers 
material to the matters under review or reconsideration.  
(3) When maintaining the public file, the TRA must have regard to any guidance issued by the 
Secretary of State as to evidence material to the review or reconsideration.  
Secretary of State's general power for purpose of regulation 3  
6. —(1) The Secretary of State may do anything that the Secretary of State considers appropriate 
for the purposes of making a decision as mentioned in regulation 3(b).  G/ADP/N/1/GBR/1/Suppl.14 • G/SCM/N/1/GBR/1/Suppl.13 • G/SG/N/1/GBR/1/Suppl.13  
 
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  (2) In particular, the Secretary of State may — 
(a) consider information supplied to the Secretar y of State by any person;  
(b) request that any person supply information to the Secretary of State;  
(c) set time limits for responses to requests made by the Secretary of State and vary such time 
limits;  
(d) specify the format or structure of responses to those reques ts; 
(e) accept or reject information that is supplied outside any applicable time limit, as appropriate.  
TRA's functions  
7. —(1) For the purpose of assisting the Secretary of State in making a decision as mentioned 
in in regulation 3(b), the TRA must — 
(a) investigate  and analyse the impact of the transitioned trade remedy under review or 
reconsideration;  
(b) gather and assess evidence in connection with the impact of the transitioned trade remedy;  
(c) provide a report to the Secretary of State (in these Regulations referred t o as a "Report of 
Findings") before a date specified by the Secretary of State which must include — 
(i) a summary of the investigation and the analysis conducted by the TRA in relation to the 
impact of the transitioned trade remedy under review or reconsideration,  
(ii) the TRA's assessment of the evidence gathered,  
(iii) whether the TRA considers the economic interest test is met in relation to the 
transitioned trade remedy under review or reconsideration, and  
(iv) advice to the Secretary of State in connection wit h the matters under review or 
reconsideration, including in relation to the economic interest test, and the reasons for 
that advice.  
(2) The Secretary of State may direct the TRA to provide such other assistance as the Secretary of 
State considers necessar y for the purpose of making a decision as mentioned in regulation 3(b).  
(3) For the purpose of the TRA providing assistance to the Secretary of State pursuant to this 
regulation, where the Secretary of State is to decide — 
(a) in relation to a review of the app lication of an anti -dumping amount or a countervailing 
amount to goods, regulations 99A, 99B and 99C of the Dumping and Subsidisation 
Regulations have effect;  
(b) in relation to a reconsideration of a transitioned trade remedy, regulations 3, 5, 7, 8 and 13 
of the Reconsideration and Appeals Regulations have effect subject to the modifications 
specified in regulation 18.  
(4) For the purposes of this regulation "economic interest test" has the meaning given by — 
(a) paragraph 25 of Schedule 4 to the TCTA 2018(6), in relation to the application of an anti -
dumping amount or a countervailing amount;  
(b) paragraph 23 of Schedule 5 to the TCTA 2018 in relation to the application of a tariff rate 
quota.  
Information sharing  
8. —(1) Where the Secretary of State notifies the TRA a s mentioned in regulation 3(b), the TRA 
must, upon request, provide the Secretary of State with any information (including confidential 
information) it holds in connection with the matters under review or reconsideration.  
(2) The TRA must, upon request, pr ovide the Secretary of State with information it holds in relation 
to a review or reconsideration of a transitioned trade remedy that it has initiated but in respect of 
 
(6) "The TCTA 2018 " is defined in the Finance (No. 2) Bill as published by the House of C ommons on 
4th November 2021.  G/ADP/N/1/GBR/1/Suppl.14 • G/SCM/N/1/GBR/1/Suppl.13 • G/SG/N/1/GBR/1/Suppl.13  
 
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  which the Secretary of State has not notified the TRA as mentioned in regulation 3(b) ( but this does 
not include confidential information).  
(3) The Secretary of State may provide information (including confidential information) to the TRA 
where the Secretary of State considers that the information is necessary for the purpose of the TRA 
carrying out its functions pursuant to regulation 7.  
Permitted disclosure  
9. —(1) The Secretary of State or the TRA may disclose confidential information (other than as 
provided for by regulation 8(1) or (3)) where such disclosure is — 
(a) made with the consent of  the person supplying the information,  
(b) made for the purpose of court or tribunal proceedings in the United Kingdom relating to the 
exercise of the Secretary of State's or the TRA's functions under these Regulations,  
(c) made for the purpose of an internationa l dispute relating to the exercise by the Secretary of 
State or the TRA of functions under these Regulations, or  
(d) required or permitted by any other enactment or rule of law.  
(2) Before making a disclosure under paragraph (1)(b), (c) or (d), the Secretary of State or the TRA, 
as the case may be, must consider whether such disclosure is likely to allow, or result in, such 
information being made available to a competitor of the person — 
(a) supplying the information, or  
(b) to which the information relates.  
(3) In par agraph (1)(d), reference to an enactment includes an enactment comprised in, or an 
instrument made under, an Act of the Scottish Parliament.  
Confidential information  
10. —(1) For the purposes of regulations 8 and 9, confidential information is information whic h is 
supplied by a person to — 
(a) the Secretary of State in connection with the exercise of the Secretary of State's functions 
under these Regulations;  
(b) the TRA in connection with the exercise by the TRA of its functions under the Dumping and 
Subsidisation Regu lations, the Safeguards Regulations, the Reconsideration and Appeals 
Regulations or these Regulations,  
which the Secretary of State or the TRA, as the case may be, must treat as confidential 
under paragraph (2).  
(2) The Secretary of State or the TRA, as the case may be, must treat as confidential, information 
that is supplied by a person where the person supplying that information — 
(a) either — 
(i) requests the Secretary of State or the TRA, as the case may be, to treat that information 
as confidential on the grou nds that by its nature the information is confidential, or  
(ii) supplies that information on a confidential basis,  
(b) demonstrates to the Secretary of State or the TRA, as the case may be, good cause as to 
why the Secretary of State or the TRA must treat that info rmation as confidential, and  
(c) submits — 
(i) a non -confidential summary of that information (see paragraph (4)(a)), or  
(ii) in exceptional circumstances, a statement of reasons (see paragraph(4)(b)).  
(3) For the purpose of paragraph (2)(a)(i), information that is by i ts nature confidential includes 
information which, if disclosed, would — 
(a) be of significant competitive advantage to a competitor of the person supplying the 
information, or  G/ADP/N/1/GBR/1/Suppl.14 • G/SCM/N/1/GBR/1/Suppl.13 • G/SG/N/1/GBR/1/Suppl.13  
 
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  (b) have a significant adverse effect on — 
(i) the person supplying the information, or  
(ii) any p erson from whom the person supplying the information acquired it.  
(4) In this regulation — 
(a) a "non -confidential summary" in relation to information means a sufficiently detailed 
summary for the public file which would enable a person other than the Secretary  of State 
or the TRA to have a reasonable understanding of — 
(i) the substance of the information to which it relates, and  
(ii) its potential relevance to the review or reconsideration of the transitioned trade remedy, 
as the case may be;  
(b) a "statement of reasons" means a statement setting out the reasons why the Secretary of 
State or the TRA, as the case may be, should treat that information as confidential and why 
a non -confidential summary cannot be provided.  
Report of Findings  
11. —(1) The Secretary of Stat e must take the TRA's Report of Findings into account when making 
a decision mentioned in regulation 3(b) but the Secretary of State is not bound by any conclusion 
reached or advice provided by the TRA in that report.  
(2) The Secretary of State may consider any other evidence that the Secretary of State considers 
material to the matters under review or reconsideration before deciding on those matters.  
(3) Where, pursuant to paragraph (2), the Secretary of State considers any other material evidence, 
the Secretary of State must, before making a decision mentioned in regulation 3(b), give interested 
parties and contributors an opportunity to comment on that evidence.  
(4) For the purposes of this regulation, "interested party" and "contributor" have the meanings given 
by— 
(a) regulation 2 of the Safeguards Regulations where the reconsideration of the transitioned 
trade remedy relates to the application of a tariff rate quota to goods;  
(b) regulation 2 of the Dumping and Subsidisation Regulations where the review or 
reconsideration of the transitioned trade remedy relates to the application of an anti -
dumping amount or a countervailing amount to goods.  
Secretary of State's decision: application of tariff rate quotas  
12. —(1) After considering the Report of Findings an d any other material evidence, the Secretary 
of State must, having regard to the public interest, make a decision that a tariff rate quota that is 
applicable to the goods to which the reconsideration relates should be — 
(a) maintained,  
(b) replaced by an additiona l amount of import duty,  
(c) varied, or  
(d) revoked.  
(2) Where the Secretary of State decides that the tariff rate quota that is applicable to the goods 
should be varied, the variation may, among other things, comprise or include — 
(a) increasing the amount of the tariff rate quota;  
(b) varying (or providing for) the allocation of the tariff rate quota;  
(c) reducing the additional rate of import duty;  
(d) reducing or extending the period for which the tariff rate quota applies to goods;  
(e) varying the pace of liberalisation;  
(f) varying (or providing for) the terms on which a part or the whole of the tariff rate quota is 
allocated or may be utilised.  G/ADP/N/1/GBR/1/Suppl.14 • G/SCM/N/1/GBR/1/Suppl.13 • G/SG/N/1/GBR/1/Suppl.13  
 
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  (3) Where the Secretary of State decides that the tariff rate quota that is applicable to the goods 
should be varied, and that the variat ion is to comprise or include extending the period for which the 
tariff rate quota applies to the goods, the total period for which the tariff rate quota applies to those 
goods must not exceed that specified in paragraph (4).  
(4) The period specified for t he purposes of paragraph (3) is 8 years, beginning with the date on 
which the tariff rate quota that is applicable to those goods is treated as beginning under regulation 
48(3) of the Safeguards Regulations.  
(5) The Secretary of State must decide in respec t of all the goods to which the reconsideration 
relates.  
(6) In this regulation, "pace of liberalisation" means the process by which the amount of the import 
duty applicable to the goods subject to the tariff rate quota becomes progressively smaller as the  
period during which the tariff rate quota is applicable progresses (whether by increases in the 
amount of the quota, decreases in the rates of import duty, or both).  
Exceptions to Secretary of State's decision on the application of tariff rate quotas  
13. —(1) Subject to paragraph (2), the Secretary of State must not make a decision referred to 
in regulation 12(1)(b) or (c) in relation to goods which are imports from a country which is a low 
volume exporter.  
(2) Paragraph (1) does not apply in relation to good s from a country which is a low volume exporter 
if the imports of the goods from all low volume exporters collectively account for more than 9 per 
cent. of the total imports of those goods into the United Kingdom.  
(3) For the purposes of paragraphs (1) and  (2), a country is "a low volume exporter" if — 
(a) it is a developing country member of the World Trade Organization ("WTO"), and  
(b) goods which are imported into the United Kingdom from that country account for 3 per cent. 
or less of the total imports of those g oods into the United Kingdom.  
(4) The Secretary of State may except goods imported into the United Kingdom from a foreign 
country or territory from a decision referred to in regulation 12(1)(a) to (c) where the conditions 
specified in paragraph (5) are sat isfied.  
(5) The conditions in this paragraph are satisfied where — 
(a) immediately before exit day, that foreign country or territory and the European Union were 
signatories to a free trade agreement,  
(b) that foreign country or territory and the United Kingdom are signatories to a free trade 
agreement, and  
(c) the free trade agreement referred to in sub -paragraph (b) provides for the excepting of 
goods from the application of a safeguard measure within the meaning of Article XIX of GATT 
and the Agreement on Safeguards (being part of Annex 1A to the WTO Agreement)(7). 
(6) In this regulation — 
(a) a "free trade agreement" means an agreement that is or was notifiable under paragraph 
7(a) of Article XXIV of GATT;  
(b) "GATT" means the General Agreement on Tariffs and Trad e, part of Annex 1A to the WTO 
Agreement (as modified from time to time);  
(c) a "signatory to a free trade agreement" includes a reference to — 
(i) exchanging instruments, where the exchange constitutes the agreement;  
(ii) acceding to the agreement;  
(d) "WTO Agreement" mean s the agreement establishing the WTO signed at Marrakesh on 
15 April 1994.  
 
(7) Available from: https://www.wto.org/english/docs_e/legal_e/legal_e.htm   G/ADP/N/1/GBR/1/Suppl.14 • G/SCM/N/1/GBR/1/Suppl.13 • G/SG/N/1/GBR/1/Suppl.13  
 
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  Secretary of State's decision: application of anti -dumping amounts and countervailing 
amounts  
14. —(1) After considering the Report of Findings and any other material evidence, the Secretary 
of State must, having regard to the public interest, make a decision that the anti -dumping amount 
or countervailing amount that is applicable to the goods to which the review or reconsideration 
relates should be — 
(a) maintained,  
(b) varied, or  
(c) revoked.  
(2) The Secretary of State must have regard to the current and prospective impact of an anti -
dumping amount or a countervailing amount when making a decision regarding the future application 
of that amount.  
(3) Where the Secretary of State decide s that the anti -dumping amount or countervailing amount 
that is applicable to the goods to which the review or reconsideration relates should be varied, the 
variation may, amongst other things, comprise or include — 
(a) subject to paragraph (4), reducing the an ti-dumping amount or countervailing amount;  
(b) subject to paragraph (4), increasing the anti -dumping amount or countervailing amount;  
(c) reducing the period for which the anti -dumping amount or countervailing amount applies;  
(d) subject to paragraph (6), extending t he period for which the anti -dumping amount or 
countervailing amount applies.  
(4) Where the Secretary of State decides that the anti -dumping amount or countervailing amount 
that is applicable to the goods to which the review or reconsideration relates shou ld be varied, that 
variation must not comprise or include reducing or increasing such amount to an amount which — 
(a) in the case of an anti -dumping amount, exceeds the margin of dumping in relation to those 
goods;  
(b) in the case of a countervailing amount, exceed s the amount of the subsidy applicable to 
those goods;  
(c) is more than the Secretary of State is satisfied would be adequate to prevent or remove 
injury to a UK industry in those goods caused by the dumped or subsidised goods.  
(5) Where the Secretary of State  decides that the anti -dumping amount or countervailing amount 
that is applicable to the goods to which the review or reconsideration relates should be varied and 
it has not been possible for the Secretary of State to recalculate the anti -dumping amount or  
countervailing amount, that variation may include maintaining that amount.  
(6) Where the Secretary of State decides that the anti -dumping amount or countervailing amount 
that is applicable to the goods to which the review or reconsideration relates should  be varied, that 
variation must not comprise or include extending the period for which the amount applies by a period 
of more than 5 years, that period beginning with — 
(a) the day after the day on which the public notice referred to in regulation 15(1)(b) is 
published, or  
(b) where the anti -dumping amount or countervailing amount continues to apply under 
regulation 97C(2) of the Dumping and Subsidisation Regulations, the day on which the 
application of that anti -dumping amount or countervailing amount would have ot herwise 
expired.  
(7) The Secretary of State must decide in respect of all the goods to which the review or 
reconsideration relates.  
(8) In this regulation — 
(a) "the amount of the subsidy" in relation to goods, has the same meaning as in Schedule 4 to 
the TCTA 2018 (see paragraph 4 of that Schedule);  G/ADP/N/1/GBR/1/Suppl.14 • G/SCM/N/1/GBR/1/Suppl.13 • G/SG/N/1/GBR/1/Suppl.13  
 
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  (b) "injury" to a UK industry in particular goods has the same meaning as in Schedule 4 to the 
TCTA 2018 (see paragraph 5 of that Schedule);  
(c) "margin of dumping" in relation to goods has the same meaning as in Sched ule 4 to the 
TCTA 2018 (see paragraph 2 of that Schedule);  
(d) "UK industry" in particular goods has the same meaning as in Schedule 4 to the TCTA 2018 
(see paragraph 6 of that Schedule).  
Public Notice of Secretary of State's Decision  
15. —(1) When the Secretary of State makes a decision under regulation 12 or 14, the Secretary 
of State must — 
(a) lay a statement before the House of Commons setting out the reasons for the decision, and  
(b) except where paragraph (2) applies, make provision by a notice, published in such a manner 
as the Secretary of State considers appropriate, giving effect to that decision.  
(2) This paragraph applies if the conditions set out in an existing public notice made under Part 9 of 
the Safeguards Regulations (in relation to the application of a t ariff rate quota to goods) or under 
Part 12 of the Dumping and Subsidisation Regulations (in relation to the application of an anti -
dumping amount or countervailing amount to goods) remain unchanged.  
(3) The Secretary must also direct the TRA to include th e Report of Findings in the public file and 
when so directed, the TRA must include the Report of Findings in that file.  
Content of the public notice  
16. —(1) A public notice made under regulation 15(1)(b) must include the following — 
(a) a description of the goods to which the decision relates;  
(b) a summary of the investigation conducted in relation to the matters under review or 
reconsideration;  
(c) a summary of the Secretary of State's decision and the reasons for that decision.  
(2) Where the decision is to vary an anti-dumping amount or a countervailing amount the notice 
must also specify — 
(a) the revised anti -dumping amount or countervailing amount applicable to the goods;  
(b) the period for which the anti -dumping amount or countervailing amount is to apply.  
(3) Where the decision is to vary a tariff rate quota or to replace a tariff rate quota with an additional 
amount of import duty, the notice must also specify, where relevant — 
(a) the revised amount of the tariff rate quota applicable to the goods;  
(b) the allocation or revise d allocation of the tariff rate quota to those goods;  
(c) the additional amount of import duty applicable to the goods;  
(d) the revised period for which the goods will be subject to a tariff rate quota;  
(e) details of the exclusion of any goods from the application of  the tariff rate quota;  
(f) the additional amount of import duty that will replace a tariff rate quota and the period for 
which such an amount will apply;  
(g) the revised terms on which a part or the whole of a tariff rate quota is allocated or may be 
utilised.  
(4) Except where regulation 14(6) applies, the period referred to in paragraph (2)(b) begins on the 
day after the day on which the public notice referred to in regulation 15(1)(b) is published.  
(5) The period referred to in paragraph (3)(d) and (f) begins o n the day after the day on which the 
public notice referred to in regulation 15(1)(b) is published.  G/ADP/N/1/GBR/1/Suppl.14 • G/SCM/N/1/GBR/1/Suppl.13 • G/SG/N/1/GBR/1/Suppl.13  
 
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  Effect of the notice under regulation 15  
17. For the purposes of the TCTA 2018, the Dumping and Subsidisation Regulations and the 
Safeguards Regulations — 
(a) a notice made under regulation 15(1)(b) is to be treated as if it were a public notice made 
under section 13(3) of the TCTA 2018 (and accordingly any reference to a public notice made 
under section 13(3) is to be treated as including a reference to a public not ice made under 
regulation 15(1)(b));  
(b) a tariff rate quota or an additional amount of import duty that applies to goods by virtue of 
a notice made under regulation 15(1)(b) is to be treated as a tariff rate quota or an additional 
amount of import duty that a pplies to goods following the Secretary of State's acceptance 
of a recommendation under paragraph 16(3) of Schedule 5 to the TCTA 2018;  
(c) an anti -dumping amount or countervailing amount that applies to goods by virtue of a notice 
made under regulation 15(1)(b) is to be treated as an anti -dumping amount or 
countervailing amount that applies to goods following the Secretary of State's acceptance of 
a recommendation under paragraph 17(3) or (4) of Schedule 4 to the TCTA 2018.  
Modifications to th e Reconsideration and Appeals Regulations  
18. —(1) For the purposes of regulation 7, the Reconsideration and Appeals Regulations are to be 
read in accordance with the modifications in paragraphs (2) to (5).  
(2) Regulation 5 is to be read as if in paragraphs (1 )(a) and (6)(a)(ii), for "these Regulations" there 
were substituted "the Trade Remedies (Review and Reconsideration of Transitioned Trade Remedies) 
Regulations 2022".  
(3) Regulation 7 is to be read as if — 
(a) in paragraph (1), for "these Regulations" there wer e substituted "the Trade Remedies 
(Review and Reconsideration of Transitioned Trade Remedies) Regulations 2022";  
(b) in paragraph (3), after "regulation 5 (confidential information)" there were inserted "or 
regulation 10 of the Trade Remedies (Review and Recon sideration of Transitioned Trade 
Remedies) Regulations 2022";  
(c) in paragraph (4), for "make a determination on the basis of", there were substituted 
"consider".  
(4) Regulation 8 is to be read as if — 
(a) for paragraph (1) there were substituted — 
"(1) Where the TRA determines that a person has failed to cooperate with 
it or has otherwise significantly impeded its progress in connection with the 
TRA carrying out its functions under the Trade Remedies (Review and 
Reconsideration of Transitioned Trade Remedies) Regulations 2022, the 
TRA may disregard the information supplied by that person. "; 
(b) in paragraph (2)(a), for "its reconsideration" there were substituted "it carrying out its 
functions under the Trade Remedies (Review and Reconsideration of Transi tioned Trade 
Remedies) Regulations 2022".  
(5) Regulation 13 is to be read as if — 
(a) paragraphs (1), (5), (6) and (9) were omitted;  
(b) in paragraphs (2) and (7), for "reconsidering an original decision" there were substituted 
"carrying out its functions under the Trade Remedies (Review and Reconsideration of 
Transitioned Trade Remedies) Regulations 2022";  
(c) in paragraph (8), for "as part of its reconsideration of an original decision" there were 
substituted "if the TRA considers it relevant for the purpose of carrying out its functions 
under the Trade Remedies (Review and Reconsideration of Transitioned Trade Remedies) 
Regulations 2022".  G/ADP/N/1/GBR/1/Suppl.14 • G/SCM/N/1/GBR/1/Suppl.13 • G/SG/N/1/GBR/1/Suppl.13  
 
- 11 - 
 
  Amendment of the Dumping and Subsidisation Regulations  
19. —(1) The Dumping and Subsidisation Regulations are amended in accor dance with this 
regulation.  
(2) In regulation 97C — 
(a) for paragraph (1) substitute — 
"(1) This regulation applies if a UK trade remedies measure would otherwise expire 
during — 
(a) a transition review being conducted under regulation 97(2)(b);  
(b) the period du ring which the Secretary of State is to decide in relation to a 
transition review under the Trade Remedies (Review and Reconsideration of 
Transitioned Trade Remedies) Regulations 2022. "; 
(b) in paragraph (2) for "101A(2) or 101C(2)(a)" substitute "regulation 1 01A(2) or 101C(2)(a) 
or in accordance with regulation 15(1)(b) of the Trade Remedies (Review and 
Reconsideration of Transitioned Trade Remedies) Regulations 2022".  
(3) In regulation 101 — 
(a) in paragraph (1), at the beginning, insert "Subject to paragraph (3) ,"; 
(b) after paragraph (2), insert — 
"(3) Paragraph (1) does not apply where, as mentioned in regulation 3(b) of the Trade 
Remedies (Review and Reconsideration of Transitioned Trade Remedies) Regulations 
2022, the Secretary of State notifies the TRA in writing that, in respect of the goods 
to which the recommendation relates, the Secretary of State will decide whether to 
vary, maintain or revoke an anti -dumping amount or countervailing amount applicable 
to those goods. ". 
Amendment of the Reconsideration and Appeals Regulations  
20. —(1)The Reconsideration and Appeals Regulations are amended in accordance with this 
regulation.  
(2) After regulation 17 insert — 
"Appeals to the Upper Tribunal in relation to a decision by the Secretary of 
State under the Trade Remed ies (Review and Reconsideration of Transitioned 
Trade Remedies) Regulations 2022  
17A. An interested party may appeal to the Upper Tribunal for a review of a decision 
made by the Secretary of State under regulation 12 or 14 of the Trade Remedies 
(Review and  Reconsideration of Transitioned Trade Remedies) Regulations 2022. ". 
(3) In regulation 18, in paragraph (1), for "or 17 (appeals to the Upper Tribunal in relation to a 
determination made by the Secretary of State)" substitute ", 17 (appeals to the Upper Tr ibunal in 
relation to a determination made by the Secretary of State) or 17A (appeals to the Upper Tribunal 
in relation to a decision made by the Secretary of State under the Trade Remedies (Review and 
Reconsideration of Transitioned Trade Remedies) Regula tions 2022)".  
 
 
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