The Trade Remedies (Review and Reconsideration of Transitioned Trade Remedies) Regulations 2022

Exceptions to Secretary of State’s decision on the application of tariff rate quotas

13.—(1) Subject to paragraph (2), the Secretary of State must not make a decision referred to in regulation 12(1)(b) or (c) in relation to goods which are imports from a country which is a low volume exporter.

(2) Paragraph (1) does not apply in relation to goods from a country which is a low volume exporter if the imports of the goods from all low volume exporters collectively account for more than 9 per cent. of the total imports of those goods into the United Kingdom.

(3) For the purposes of paragraphs (1) and (2), a country is “a low volume exporter” if—

(a) it is a developing country member of the World Trade Organization (“WTO”), and

(b) goods which are imported into the United Kingdom from that country account for 3 per cent. or less of the total imports of those goods into the United Kingdom.

(4) The Secretary of State may except goods imported into the United Kingdom from a foreign country or territory from a decision referred to in regulation 12(1)(a) to (c) where the conditions specified in paragraph (5) are satisfied.

(5) The conditions in this paragraph are satisfied where—

(a) immediately before exit day, that foreign country or territory and the European Union were signatories to a free trade agreement,

(b) that foreign country or territory and the United Kingdom are signatories to a free trade agreement, and

(c) the free trade agreement referred to in sub-paragraph (b) provides for the excepting of goods from the application of a safeguard measure within the meaning of Article XIX of GATT and the Agreement on Safeguards (being part of Annex 1A to the WTO Agreement)(1).

(6) In this regulation—

(a) a “free trade agreement” means an agreement that is or was notifiable under paragraph 7(a) of Article XXIV of GATT;

(b) “GATT” means the General Agreement on Tariffs and Trade, part of Annex 1A to the WTO Agreement (as modified from time to time);

(c) a “signatory to a free trade agreement” includes a reference to—

(i) exchanging instruments, where the exchange constitutes the agreement;

(ii) acceding to the agreement;

(d) “WTO Agreement” means the agreement establishing the WTO signed at Marrakesh on 15 April 1994.

(1)

Available from: https://www.wto.org/english/docs_e/legal_e/legal_e.htm