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In brief

As part of its post-Brexit trade policy, the UK has established its own independent trade remedies regime. Through its newly-formed Trade Remedies Authority (“TRA”), the UK can now investigate claims of unfair import practices from UK businesses and determine whether the UK Government should introduce trade remedy measures – including anti-dumping duties, countervailing duties and safeguard measures – onto imports into the UK.

Following its launch on 1 June 2021, the TRA has begun conducting a number of investigations to determine whether the UK should establish or retain trade remedy measures for imports into key UK sectors, including aluminium, biodiesel, fisheries and steel. For businesses, the new regime presents a key opportunity to advocate new approaches to UK tariffs at a time when the UK – following its departure from the EU – is at a critical juncture in determining its trading relationship with the rest of the world.


Key takeaways

In this briefing, we have summarised the key considerations for businesses in respect of the legal framework and process for the UK’s new regime, including the following takeaways: 

  • This regime is specific to duties imposed under WTO trade remedies principles such to offset injury to UK business arising from prices of imports being charged through abnormal market practices and conditions; it is not simply a means of imposing duties under standard customs rules.
  • Pursuant to the new regime, the UK has already begun assessing new trade remedies duties to impose and withdraw, including with respect to a number of existing duties previously imposed by the EU.
  • This presents both an opportunity and threat for businesses seeking to either protect domestic market share from foreign imports or, alternatively, capitalise on exports to the UK as part of the potential liberalisation of the market post-Brexit.

Click here to access the full alert.

For more information and the latest updates on trade remedies, please visit our Import and Trade Remedies Blog.

Author

Pablo obtained his law degree and M.B.A. from the University of Sao Paulo, and a master's degree in international law from the University of Miami School of Law, where he is currently an adjunct professor. He started his legal career as an associate in one of Brazil’s largest law firms in 1999. He is admitted to the bar in Brazil. Prior to joining Baker McKenzie, Pablo served as Legal Officer at the Appellate Body Secretariat of the WTO. In this capacity, he assisted Appellate Body Members to adjudicate appeals in a wide range of subject areas, including agricultural and industrial market access, subsidies, trade remedies, intellectual property, sanitary and phytosanitary measures, technical barriers to trade. among others. He also acquired in-depth knowledge of the WTO dispute settlement mechanism and the manner in which it can be best used by WTO members to resolve trade disputes. Subsequently, Pablo joined a large international firm as Managing Director, and specialized in representing WTO Members before the WTO dispute settlement mechanism. Pablo acted as lead lawyer in a number of cutting-edge WTO disputes in the areas of industrial subsidies, public health, intellectual property, financial services, and trade remedies. Pablo was featured as "Next Generation Lawyer – Dispute Resolution: International Trade" in Legal 500 US for three years in a row. Law360 has repeatedly named him a "Rising Star". He is a welcomed speaker at international podiums and publishes regularly in professional journals and international media.

Author

Sunny Mann is a Partner in Baker McKenzie's London office and co-leads the UK Compliance and Investigations Practice, as well as the UK International Commercial and Trade Practice. Both these practices are ranked Tier 1 by Legal 500 UK. He has also worked in our Firm's Washington DC, New York and Sydney offices. Sunny also advises many clients on risk matters in India. He advises clients (including numerous FTSE 100 and Fortune 100 businesses) on compliance and investigations with respect to export controls, trade sanctions and anti-bribery rules. The Legal 500 ranked Sunny as a “Leading Practitioner", and as "excellent", with a ‘calm’ and "very practical" approach. The India Business Law Journal also noted that Sunny is "excellent and has deep experience in India". He is a Visiting Professor at the College of Europe, the leading institute for post-graduate European studies, where he teaches a course on Corporate Compliance.

Author

Kevin O'Brien is a partner in Washington, DC and former Chair of the North America Intellectual Property Practice Group. Mr. O'Brien has served as Co-Chair of the Patent Litigation Committee of the Federal Circuit Bar Association and has taught a course on Trade and Competition at Johns Hopkins University. He is currently Chair of the Trade Secrets Business Unit of the Global IPTech Group. He has more than 30 years of experience practicing in the areas of intellectual property and international trade law, with an emphasis on counseling and enforcement. Mr. O'Brien has been recognized as a leading lawyer by Chambers USA (District of Columbia) and has been selected as one of the "best lawyers" for IP law in Best Lawyers in America and in the Legal 500.

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