The Trade Remedies Authority today (Wednesday, November 24) began a review of its recommendation in the UK’s transitional review of an anti-dumping measure on imports of certain welded pipes and tubes originating in the Republic of Belarus (Belarus) ), the People’s Republic of China (China) and the Russian Federation (Russia).
Reviews are an integral part of the UK tax system, with many different branches of government incorporating them as part of their standard operating procedures. They are one of the main ways in which businesses can continue to advocate after a decision affecting them has been made. If the candidates meet the required criteria, a review will always be undertaken.
At the end of the review process, the TRA will make a reviewed decision confirming or modifying its recommendation and notify the Secretary of State for International Trade.
Today’s opening follows a communication received from a UK producer asking TRA to reconsider its recommendation. TRA predicts that it will take several months to complete the review.
About the initial TRA recommendation
In August, the TRA recommended to the Secretary of State for International Trade that the UK continue to apply existing anti-dumping duties to imports from China and Belarus, but not to imports from Russia. The TRA also recommended that the scope of the measure be changed to exclude one of the four types of products covered by the measure, since no UK producer of this product has been identified.
This recommendation was accepted by the Secretary of State for International Trade.
The reconsideration process
Following the Secretary of State’s decision, TRA received a communication from a domestic steel producer requesting that it reconsider the original recommendation.
The steel producer initially informed the TRA that it did not manufacture the product in question, but after the TRA issued its statement of essential facts, it emerged that it was in fact involved in the production of certain quantities. merchandise. As such, he argued that the measure on this product should not be repealed. In addition, he argued that duties should not be repealed on imports from Russia.
The TRA review will cover the same responsibilities as the initial transitional review. It will consider, within the framework of the rules established under the UK regulatory framework and the underlying obligations of the World Trade Organization, whether the request received and the additional information contained therein require a different recommendation than initially. given to the Secretary of State for International Trade.
The Trade Remedies Authority is the UK body examining whether further trade remedy measures are needed to counter unfair import practices and unanticipated import surges.
- The UK trade remedy regime is defined by the Taxation (Cross-Border Trade) Act 2018 and the Trade Act 2021, which operationalize the World Trade Organization (WTO) agreements covering trade remedies.
- Reviews are part of the process parties can use to ask the TRA to reconsider its decisions. Many ministries, non-ministerial public bodies, and other government agencies (including tax and benefit decision-making bodies) provide that interested parties request an internal review of a decision as part of their standard processes.
- In order for a review to be initiated by the TRA, applicants must meet the following criteria:
- state the reasons for their request
- explain the result they are looking for
- demonstrate that they are eligible to request a review of this decision.
- If an application does not meet all or part of the three criteria set out above, the TRA will review it and may ultimately reject an application.
More information on the TRA review process can be found in the TRA online guidelines.
- Anti-dumping measures are one of the three types of trade remedies authorized by the World Trade Organization (WTO). These measures impose duties on products when they are dumped – unfairly imported into a country at prices below those for which they would be sold in the country where they are made. The other two measures are countervailing measures which combat unfair subsidies on imported goods and safeguard measures which deal with unforeseen import surges.
- When the UK left the EU, it moved to 43 trade remedies that affected UK industries in UK law. The TRA was then required to conduct a review of each measure. Indeed, the measures were initially put in place on the basis of data from all EU Member States. If the UK is to keep them, it must demonstrate that they are necessary to protect against unfair trade practices that harm or could harm UK industries.