G/ADP/Q1/GBR/8  
G/SCM/Q1/GBR/8  
G/SG/Q1/GBR/10  
 
2 December  2022 
(22-8993) 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 QUESTION S POSED BY THE UNITED STATES1 
REGARDING  THE NOTIFICATION OF THE UNITED KINGDOM2 
The following communication dated and received on 2 December  2022, is being circulated at the 
request of the delegation of the United Kingdom . 
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Question 1  
Section 74, subsection  1 states that subsections 2 through 10 of Section 74 of the 
Finance  Act 2022 apply where a "relevant review of reconsideration of a transitioned 
trade remedy has been initiated by the Trade Remedies Authority ( 'the TRA ') but has not 
been concluded. " Please specify whether the Secretary of State may decide to vary, 
maintain, revoke, or replace trade remedy measures (as described in subsection 2) at any 
time while the TRA is conducting a review or reconsideration.  If that is not the case, please 
identify any restrictions on when during a review or reconsideration proc eeding the 
Secretary of State may decide to vary, maintain, revoke, or replace a trade remedy 
measure.  
Reply : 
Yes, the Secretary of State may decide to call -in a review or reconsideration of a transitioned trade 
remedy at any time but must notify Parliamen t and publish a notice setting out she has decided to 
call in the case. The TRA must continue to maintain a public file of the case. In cases that have been 
called in, the Secretary of State issues directions to the TRA to complete its analysis, which it t hen 
sets out in a Report of Findings. The Secretary of State takes the Report into account when making 
a decision. Please see Regulation 3(a) The Trade Remedies (Review and Reconsideration of 
Transitioned Trade Remedies) Regulations 2022, Notification G/ADP/N/1/GBR/1/Suppl.14 -
G/SCM/N/1/GBR/1/Suppl.13 -G/SG/N/1/GBR/1/Suppl.13.  
Question 2  
Section 74, subsection 3(b) states 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 r eview 
of reconsideration. " Please detail the opportunities interested parties will have, if any, to 
participate in the Secretary of State 's decision -making process and defend their interests, 
as described in Article 6.2 of the Anti -dumping Agreement.  Other wise, please confirm 
whether the Secretary of State will consider the interested parties ' submissions made 
during TRA reviews or reconsiderations.  
 
1 G/ADP/Q1/GBR/7 -G/SCM/Q1/GBR/7 -G/SG/Q1/GBR/7 . 
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/8 • G/SCM/Q1/GBR/8 • G/SG/Q1/GBR/10  
 
- 2 - 
 
  Reply : 
Where the TRA has initiated a review or reconsideration of a transitioned trade remedy measure, 
interested parties can take part in the process and engage with the TRA. The fact that a case is 
called -in does not change the process of engagement with the TRA and non -confidential information 
continues to be published in the public file as usua l. 
Regulation 11(2) and 11(3) of the Trade Remedies (Review and Reconsideration of Transitioned 
Trade Remedies) Regulations 2022 provides that the Secretary of State may consider other material 
evidence before deciding on the matters under review or recons ideration and in doing so must give 
interested parties an opportunity to comment on that evidence. Regulation 6 of the Trade Remedies 
(Review and Reconsideration of Transitioned Trade Remedies) provides that the Secretary of State 
may consider information supplied by any person and request that any person supply information. 
Please see notification G/ADP/N/1/GBR/1/Suppl.14 -G/SCM/N/1/GBR/1/Suppl.13 -
G/SG/N/1/GBR/1/Suppl.13 . 
Question 3  
Section 74, subsection 5 states that the "Secretary of State may by regulations make 
provision for the purpose of subsection (2) " and subsection 6 lists "examples of provision 
that regulations under subsection 5 may make in relation to " a notification or d ecision by 
the Secretary of State under subsection 2.  
a. Please describe the status of any such regulations, and when they are expected 
to be approved and in place.  
Reply : 
The regulations were laid before the House of Commons on 9 February 2022 and came into  force on 
2 March  2022. Please see notification G/ADP/N/1/GBR/1/Suppl.14 -G/SCM/N/1/GBR/1/Suppl.13 -
G/SG/N/1/GBR/1/Suppl.13 . 
b. Please clarify whether any regulations proposed under subsection 5 are or will be 
subject to comment by interested parties.  
Reply : 
No, these regulations are secondary legislation made by Government ministers. They were laid 
before the House of Commons on 9  February 2022 and came into force on 2  March  2022. Please see 
notification G/ADP/N/1/GBR/1/Suppl.14 -G/SCM/N/1/GBR/1/Suppl.1 3-G/SG/N/1/GBR/1/Suppl.13 . 
Question 4  
Please provide additional information on the process and opportunities parties have to 
appeal a Secretary of State decision.  
Reply : 
The regulations make modifications to the Trade Remedies (Reconsideration and Appeals)  (EU Exit) 
Regulations 2019 to include decisions made during the call -in process so that an interested party 
may appeal to the Upper Tribunal for a review of a decision. Please see Regulation 18 and 
Regulation  20 of The Trade Remedies (Review and Reconside ration of Transitioned Trade Remedies) 
Regulations 2022, Notification 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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