Finance (No. 2) Act 2023

Import duty

316 Dumping, subsidisation and safeguarding remedies

Schedules 19 and 20 make provision for the purposes of import duty—

(a) requiring the Trade Remedies Authority (“the TRA”) to give the Secretary of State notice at certain points in dumping, subsidisation and safeguarding investigations,

(b) enabling the TRA to include more than one option in recommendations to the Secretary of State in relation to such investigations,

(c) authorising the Secretary of State to ask for additional advice from, and act otherwise than in accordance with a recommendation of, the TRA in relation to such investigations,

(d) requiring the TRA to advise the Secretary of State on whether the economic interest test is met in relation to remedies that it recommends in dumping, subsidisation or safeguarding cases,

(e) about reviews of the application of remedies in such cases,

(f) about bilateral safeguards, and

(g) about Part 12 of the Trade Remedies (Dumping and Subsidisation) (EU Exit) Regulations 2019 (S.I. 2019/450).

317 Rulings as to method of valuation of goods

(1) Section 24 of TCTA 2018 (rulings as to application of customs tariff or place of origin) is amended as follows.

(2) In the heading, after “customs tariff” insert “, valuation method”.

(3) In subsection (1), after paragraph (a) (but before the “or”) insert—

“(aa) determining the value of any goods for the purposes of this Part,”.

318 Discharging goods from free-circulation procedure subject to guarantee

(1) In paragraph 17 of Schedule 1 to TCTA 2018 (releasing and discharging goods to and from Customs procedures), after sub-paragraph (5) insert—

“(5A) Sub-paragraph (5B) applies where—

(a) goods are declared for the free-circulation procedure, but

(b) it is impracticable to immediately ascertain the amount of import duty (if any) payable in respect of the goods.

(5B) The discharge of goods from the free-circulation procedure in accordance with sub-paragraph (4) may, if HMRC think fit, be subject to an approved guarantee being given in respect of any liability or potential liability to import duty in respect of the goods.”

(2) In CEMA 1979, omit section 119 (delivery of imported goods on giving of security for duty).

(3) The amendments made by subsections (1) and (2) have effect in relation to goods in respect of which a Customs declaration is accepted, for the purposes of TCTA 2018, on or after the day on which this Act is passed (and subsection (2) does not affect the application of section 119 of CEMA 1979 in relation to goods in respect of which a Customs declaration is accepted before that day).

(4) In Schedule 7 to TCTA 2018 (import duty: consequential amendments), omit paragraph 90.