UK Proposes Changes to Trade Remedies System

On 9 March 2023, the UK Government announced changes, which are intended to come into force in 2023, to the role of the Trade Remedies Authority (TRA). 

The stated aim of the proposed changes is to ‘give the Government additional powers to decide the outcome of trade remedies investigations while maintaining the TRA’s independent investigatory and recommendation functions’.

A summary of the proposed changes is as follows:

• The TRA will be required to notify Ministers before initiating new investigations.
• Ministers will be given power to ask the TRA to reassess a recommendation to apply a trade remedy where there is justification to do so. For example, where there is new evidence which the TRA has not previously considered, or to correct an error.
• Ministers will be given flexibility to apply an alternative remedy to that recommended by the TRA, where there is supporting evidence to do so, and it is in the public interest.
• The TRA will be given the power to provide alternative options within its recommendation to Ministers, where justified.
• The TRA’s assessment of the economic interest test (EIT) will be made « advisory » so that the Ministers will still be able to apply measures if the TRA determines that the EIT is not met.
• Ministers will be given the power to revoke trade remedy measures without the need for a TRA recommendation if retaining a measure is no longer in the public interest (and be given the ability to request that the TRA provide advice, support and assistance before deciding to revoke measures).

Proposed changes to primary legislation are due to be published as part of the Finance Bill on 23 March 2023 (and changes to secondary legislation will also be required).

If you have any questions in relation to these reforms, please do not hesitate to reach out to the Gide Trade Remedies Team.