The Taxation (Cross-border Trade) Act 2018 (Appointed Day No. 7 and Transitory Provisions) (EU Exit) Regulations 2020

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations are the seventh appointed day regulations made under the Taxation (Cross-border Trade) Act 2018 (c. 22) (“the Act”) and bring into force the provisions of Schedule 4 and 5 to the Act not already in force.

Regulation 3 appoints 30th January 2020 as the day for the coming into force of paragraph 22 of Schedule 4, and paragraph 22 of Schedule 5, to the Act.

Paragraph 22 of Schedule 4 to the Act (variation or revocation following an international dispute decision) provides for the Secretary of State to make regulations providing for or in connection with—

• the Trade Remedies Authority recommending to the Secretary of State that the application of an anti-dumping amount or a countervailing amount to goods should be varied or revoked in light of an international dispute decision, and

• the Secretary of State accepting or rejecting such a recommendation.

Paragraph 22 of Schedule 5 to the Act (variation or revocation following an international dispute decision) provides for the Secretary of State to make regulations providing for or in connection with—

• the Trade Remedies Authority recommending to the Secretary of State that the application of a definitive safeguarding amount to goods, or a tariff rate quota to which goods are subject, should be varied or revoked in light of an international dispute decision, and

• the Secretary of State accepting or rejecting such a recommendation.

Regulation 4 provides for transitory provisions modifying paragraph 22 of Schedule 4, and paragraph 22 of Schedule 5, to the Act until such time as the Trade Remedies Authority is established. The transitory provisions are necessary in order to make those provisions operable by the Secretary of State in the meantime.