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New UK legislation on 'call-in' of trade remedy investigations

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


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