The government has laid a group of regulations making provision for reviews and appeals against trade remedy decisions involving anti-dumping and countervailing measures made by the new Trade Remedies Authority following the UK’s withdrawal from the EU.
The Trade Remedies (Reconsideration and Appeals) (EU Exit) Regulations, SI 2019/910, coming into force on 3 June 2019, specify the mechanism for reviews and appeals against trade remedy decisions made by the TRA and the Secretary of State involving anti-dumping and countervailing measures, following the UK’s withdrawal from the EU.
The Taxation (Cross-border Trade) Act 2018 (Appointed Day No 6 and Transitional Provisions) (Modification) (EU Exit) Regulations, SI 2019/914, appointed 7 May 2019 as the date on which the regulation-making powers in Sch 4 para 30 and Sch 5 para 29 of the Act come into force for review or appeal of decisions made by the Trade Remedies Authority in connection with anti-dumping and countervailing measures. These provisions are modified to allow the Secretary of State to perform relevant functions until the Trade Remedies Authority is established by enactment of the Trade Bill.
In addition, the Tribunal Procedure (Amendment) Rules, SI 2019/925, coming into force on 3 June 2019, include provision for trade remedies disputes, involving ‘reconsideration’ by the TRA of its decisions as set out in SI 2019/910, with appeals to the Upper Tribunal. These amendment rules also provide for the Upper Tribunal to make directions regarding confidentiality in certain trade remedies cases.
The government has laid a group of regulations making provision for reviews and appeals against trade remedy decisions involving anti-dumping and countervailing measures made by the new Trade Remedies Authority following the UK’s withdrawal from the EU.
The Trade Remedies (Reconsideration and Appeals) (EU Exit) Regulations, SI 2019/910, coming into force on 3 June 2019, specify the mechanism for reviews and appeals against trade remedy decisions made by the TRA and the Secretary of State involving anti-dumping and countervailing measures, following the UK’s withdrawal from the EU.
The Taxation (Cross-border Trade) Act 2018 (Appointed Day No 6 and Transitional Provisions) (Modification) (EU Exit) Regulations, SI 2019/914, appointed 7 May 2019 as the date on which the regulation-making powers in Sch 4 para 30 and Sch 5 para 29 of the Act come into force for review or appeal of decisions made by the Trade Remedies Authority in connection with anti-dumping and countervailing measures. These provisions are modified to allow the Secretary of State to perform relevant functions until the Trade Remedies Authority is established by enactment of the Trade Bill.
In addition, the Tribunal Procedure (Amendment) Rules, SI 2019/925, coming into force on 3 June 2019, include provision for trade remedies disputes, involving ‘reconsideration’ by the TRA of its decisions as set out in SI 2019/910, with appeals to the Upper Tribunal. These amendment rules also provide for the Upper Tribunal to make directions regarding confidentiality in certain trade remedies cases.
