New primary and secondary legislation has recently come into effect changing the powers of the Secretary of State (SoS) in relation to transitioned trade remedies:
This post provides an initial analysis and comment on the call-in provisions. Please note that this is an initial analysis for discussion purposes. It does not represent the views of any stakeholder and it does not claim to make definitive conclusions. I am open to further consideration on any of these points!
Although it is an initial analysis, the issues are complex and there is a lot of detail here. If you just want a quick overview read the overview and analysis summaries below.
Three other posts are related to this topic and provide useful background to some of the key points made. These are:
Summary
Overview and Background Summary
Analysis and Comment Summary
Detailed Analysis
Overview and Background
Overview of legislation giving the SoS call-in powers
Intention of the original legislation on SoS powers
Rationale for a change in the power balance between the TRA and SoS
Where did the idea of a 'call-in' come from and how does that relate to trade remedies?
Other trade remedy authorities and independence v political control
The importance of the paradigm within which a trade remedy authority operates
The pros and cons of technical v political decision-making
Is there a logic behind the new legislation?
Analysis and Comment
Complexity of UK trade remedy legislation
Why does the call-in only apply to transition reviews?
The SoS does not have to meet any threshold to call-in a transition review
Transparency of SoS deliberations prior to announcing a call-in
Timing of the call-in
What circumstances are likely to result in a call-in?
Functions of the TRA in a called-in investigation
Information that can be considered by the SoS
Imprecision in terminology
