Changes to the trade remedies regime
The way the TRA reviews measures inherited from the EU system is set to change, following new legislation which comes into force on Wednesday 2 March 2022.
From Wednesday 2 March, there will be changes to the way the Trade Remedies Authority assesses existing trade remedy measures that the UK transitioned from the European Union (EU) when it left the EU.
The Government has introduced new ‘call-in’ powers to allow the Secretary of State for International Trade to ‘call in’ transition reviews which the TRA is carrying out into transitioned measures. This gives the Secretary of State increased powers to decide how the review should be carried out. This power only applies to reviews which are in the process of being carried out by the TRA and also covers any reconsiderations that the TRA may be undertaking following its reviews of the transitioned measures. Not all transition reviews will be called in and we anticipate that the powers will in practice be used rarely.
What will change and when
The changes will come into force on Wednesday 2 March 2022. This will mean that transition reviews which the TRA is carrying out can be ‘called in’ by the Secretary of State for International Trade. After calling a case in, the Secretary of State is responsible for all decisions relating to that review or reconsideration. This ensures the Secretary of State can have greater oversight of and involvement and the ability to decide on appropriate measures that may be deemed to be in the public interest.
When a review or reconsideration is called in, the Secretary of State will publish a notice to announce this. The TRA will also publish a notice on its public file to inform participants.
Trade remedies framework review
In parallel to the introduction of the call-in power, the Department for International Trade is conducting a review of the UK’s trade remedies framework to ensure that it reflects the UK’s needs in a post-COVID world. The review is being carried on in close collaboration with the TRA, drawing on its expert advice.