G/SG/Q1/GBR/5  
 
27 April 2021  
(21-3570) Page: 1/3 
Committee on Safeguards  Original: English  
 
 
NOTIFICATION OF LAWS AND REGULATIONS UNDER   
ARTICLE  12.6 OF THE AGREEMENT  
REPLIES TO QUESTIONS1 POSED BY THE UNITED STATES  
REGARDING  THE NOTIFICATION OF THE UNITED KINGDOM2 
The following communication dated  and received on  26 April 2021 , is being circulated at the request 
of the delegation of the United Kingdom . 
 
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The U nited Kingdom would like to thank  the United States for their written  questions , and we 
welcome the opportunity to  provide  clarity on the UK trade remedies system for all Members.  
The U nited Kingdom  has begun operating our own domestic trade remedies system that was put in 
place in light of our departure from the European Union. The U nited Kingdom  has legislated for this 
system, in line with WTO rules, and made relevant notifications to the WTO in line with our 
obligations. All the U nited Kingdom' s legislation we have put in place so far has been discussed in 
the Committees during October 2020.  
The Taxation (Cross -border Trade) Act 2018, (hereinafter "the Taxation Act 2018 "), legislated for 
the ability for the UK Government to establish a standalone customs system following the end of the 
transition period. As part of the Taxation Act 2018, the Act establishes the U nited Kingdom' s 
domestic trade remedies framework.  
Secondary legislation under the Act, the first of which came into force on 6 March 2019, sets out the 
further detail of the U nited Kingdom' s trade remedies framework, specifically on dumpi ng and 
subsidies investigations, safeguard investigations, and reconsiderations and appeals. For the 
purposes of these writte n replies , specific secondary legislation includes the Trade Remedies 
(Increase in Imports Causing Serious Injury to UK Producers) (EU Exit) Regulations 2019 
(hereinafter "the Safeguard Regulations 2019 "), the Trade Remedies (Dumping and Subsidisation) 
(EU Exit) Regulations 2019 (hereinafter "the Dumping and Subsidy Regulations 2019 "), and the 
Trade Remedies (Reconsideration and Appea ls) (EU Exit) Regulations 2019 (hereinafter 
"the Reconsideration and Appeals Regulations 2019 "). 
TRID have published guidance on how it will operate trade remedy investigations and it is available 
on the UK Government website here: https://www.gov.uk/government/publications/the -uk-trade -
remedies -investigations -process . 
 
1 G/SG/Q1/GBR/ 3. 
2 G/SG/N/1/GBR/1 /Suppl. 2. G/SG/Q1/GBR/5  
 
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  Question 1  
Part 5, Article 13(5) of the Regulations 2019  notes th at the Trade Remedies Authority 
(hereinafter "TRA"), if it revises the scope of the investigation, will publish an amended 
notice of initiation. Please clarify how an amended notice of initiation will affect the 
timeline and deadlines of a safeguard procee ding, if at all.  
Reply : 
If the TRA revises the scope of an investigation, it will first explain its reasoning to all interested 
parties and contributors and give them an opportunity to comment. The TRA will then publish an 
amended notice of initiation. Thi s will reset the timings of the investigation, which the TRA will 
communicate to all interested parties and contributors. The new timelines and deadlines will be at 
the discretion of the TRA.  
Question 2  
Regarding the public file referenced in Part 5, Artic le 15 of the Regulations 2019 , please 
clarify which parties will have access to the public file and how such access will be 
obtained. Furthermore, please specify for how long the public file will be maintained and 
available for review.  
Reply : 
The public fi le – part of the UK 's fully digital Trade Remedies Service – is available to anyone online 
at https://www.trade -remedies.service.gov.uk/public/cases/ . The file currently contains a list of 
active cases, and for each case, the relevant information including all public notices, non -confidential 
reports and documents generated by the TRA throughout the investigation or review, and 
non-confidential versions of the documents su bmitted by registered participant that are material to 
the investigation.  
The 'material ' threshold applies to non -confidential documents that:  
• contain information that the UK investigating authority need to rely on when 
arriving at their decision  
• contain i nformation that is relevant to the case (e.g. extension request), and,  
• anything which has an impact on the way interested parties want to represent 
their views to the UK investigating authority on the case.  
There will be an archive of completed cases where  the material information of closed / completed 
investigations will be available indefinitely for anyone to view.  
Question 3  
Regarding the registration period referenced in Chapter 3, Article 24 of the Regulations 
2019 , please clarify the process by which interested parties and other persons may make 
themselves known to the TRA. In addition, please clarify whether a foreign government 
must also register as an interested party to the investigation or whether such status will 
be granted with no formal registr ation requirement.  
Reply : 
When the TRA initiates an investigation or review, it will set out in the Notice of Initiation a 
registration period and the process by which interested parties and contributors may make 
themselves known to the TRA during this per iod. Those who wish to contribute to an investigation 
or review, must register their interest via the Trade Remedies Service. Once registered, interested 
parties and contributors will be able to participate in the investigation or review. Foreign 
governmen ts will not automatically be granted interested party status. Foreign governments will 
need to register if they want to be an interested party in the case.  G/SG/Q1/GBR/5  
 
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  Question 4  
Chapter 3, Article 27 of the Regulations 2019  discusses the authentication report that wi ll 
be issued by the TRA following an authentication visit. Please clarify whether, prior to an 
authentication visit, the TRA will provide the person subject to the visit an outline of the 
information the TRA will be authenticating.  
Reply : 
In safeguard investigations or reviews, the TRA may conduct authentication visits to the premises 
of producers in the UK. If the TRA decide to carry out an authentication visit, the TRA will provide 
an agenda/itinerary outlining what it wishes to discuss or a ny elements of the manufacturing 
processes that it wants to view.  
Question 5  
Regarding the hearings discussed in Chapter 3, Article 28 of the Regulations 2019 , please 
clarify whether the hearings will be open to the public or whether only interested partie s 
which registered with the authority for the investigation will be permitted to attend.  
Reply : 
The TRA will have discretion over the procedures and processes of a hearing. However, in line with 
regulation 28 of the Safeguard  Regulations  2019, the TRA must  have regard to the need to preserve 
the confidentiality of information provided at a hearing, and to whether the procedures and processes 
it proposes to adopt would be convenient to i nterested parties . 
 
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