Jurisdiction(s):
United Kingdom

UK Trade Remedies Authority subsidy determinations for countervailing measures: legal framework and tests (financial contribution, benefit, specificity) under the SCM Agreement and UK regulations, with case examples

Published by a LexisNexis International Trade expert

Practice notes

This Practice Note explains how the UK Trade Remedies Authority (TRA) determines whether a subsidy is present for countervailing action. It outlines the legal framework and describes how the TRA has construed the existence of a subsidy in the investigations it has undertaken.

Introduction

To open and pursue a countervailing investigation, confirming that a subsidy exists is essential. In doing so, the TRA must take into account the World Trade Organization’s Agreement on Subsidies and Countervailing Measures (the SCM Agreement), alongside the Taxation (Cross‑border Trade) Act 2018 (the Act) and the Trade Remedies (Dumping and Subsidisation) (EU Exit) Regulations 2019 (Subsidy Regulations).

Determination of a subsidy—SCM Agreement

For guidance on how the existence of a subsidy is assessed under the SCM Agreement, including a helpful flowchart, see Practice Note: An introduction to the Agreement on Subsidies and Countervailing Measures.

Determination of a subsidy—UK domestic legislation

When deciding whether a subsidy exists, the TRA must consider both the Act and the Subsidy Regulations. Under these instruments, a subsidy is taken to exist if:

there exists...

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Web page updated on 22/05/2026

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