Trade in goods

This Practice Note offers practical direction on the relevance and distinctions of the like product in trade remedy inquiries. It sets out the reasons for identifying like products in anti-dumping, subsidy and safeguard inquiries. The note explains how the concept of like product guides the scope of an inquiry, the definition of the domestic industry and the assessment of injury. Introduction Trade remedy inquiries may vary in the subject under examination. Anti-dumping inquiries consider whether a product is sold in the export market for less than it is sold in the exporter’s home market. Countervailing inquiries consider whether the imported product benefits from a subsidy granted by the exporting Member State. Safeguard inquiries, in turn, consider whether goods are entering in suddenly increased quantities due to unforeseen circumstances. In all three types of trade remedy inquiry, it is crucial to specify what the imported product is. In...

Practice Note This Practice Note offers practical guidance on the current border controls between the United Kingdom and the European Union, along with the changes scheduled to commence on 1 January 2022. It covers customs declarations, the payment of customs duty and VAT, and sanitary and phytosanitary checks. Introduction In November 2021, the UK released its updated border operating model, explaining how the UK border functions in relation to the EU. The model was originally brought in on 1 January 2021 following the UK’s departure from the EU customs union. From that date, certain border controls were introduced. These were phased in to allow time to build and prepare the necessary infrastructure to support those controls. In December 2021, the UK further updated the border operating model to temporarily prolong staged customs controls for goods moving from the island of Ireland into Great Britain. This interim step was taken...

What is the GATS? GATS stands for the General Agreement on Trade in Services. It is an annex to the Marrakesh Agreement. As the first instrument to govern trade in services, it has applied since 1 January 1995. As with the General Agreement on Tariffs and Trade ( GATT), the GATS can only be properly understood when the agreement’s legal text is read together with each Member State’s schedule of commitments. This is especially important as Member States undertake specific commitments on market access and national treatment within those schedules. They can also list additional commitments covering matters such as qualification standards or licensing requirements for services. In addition, the GATS contains several annexes addressing particular service sectors, including financial and telecommunication services. Scope of the GATS Measures within the scope of the GATS The GATS applies to measures by Member States that affect trade in...

What are rules of origin? Rules of origin describe the benchmarks used to decide the Member State in whose territory a product is regarded as originating. These benchmarks differ markedly between Member States and also from one product category to another. In general, Member States operate both rules of broad application and rules tailored to specific products. Commonly, rules of origin set out two main avenues by which a product can be treated as originating in a Member State’s territory. The first avenue applies when a product is wholly obtained within a Member State. This typically means the item is entirely extracted, grown, or manufactured in that territory without inputs sourced from any other Member State. Such goods are also ordinarily prohibited from having been altered in the territory of another Member State. The second avenue applies where a product is not wholly...

This Practice Note sets out a synopsis of the Agreement on Technical Barriers to Trade. It clarifies that the agreement's scope spans technical regulations, standards and conformity assessment procedures. It also outlines when Member States may rely on technical barriers, alongside the core disciplines and guiding principles. Introduction to the Agreement on Technical Barriers to Trade Member States have acknowledged that, as tariffs fall, non-tariff obstacles are more likely to emerge as further impediments to open trade. This proved true under the General Agreement on Tariffs and Trade ( GATT) 1947, when, in 1979 during the Tokyo Round, the Members adopted the Standards Code. As with other areas of commerce, talks continued and ultimately produced the Agreement on Technical Barriers to Trade (the TBT Agreement). The TBT Agreement seeks to ensure that technical rules, standards, and conformity assessment procedures do not impose...

Introduction to the Trade Remedies Authority On 29 April 2021, the UK brought the Trade Act 2021 (the Act) into effect. The Act created the UK’s Trade Remedies Authority ( TRA) and allocated to it specified functions. It also provided for implementing international trade agreements negotiated by the UK, and for the gathering and disclosure of trade-related information. The TRA was constituted as an independent, non-governmental body to furnish the Secretary of State with advice, support and assistance in relation to: the conduct of an international trade dispute the Secretary of State’s trade-related functions the functions of the TRA This advice, support and assistance also encompasses trade remedies. The TRA is charged with investigating trade remedies concerning dumping, subsidies and safeguards. Most TRA functions are conferred by the Taxation ( Cross-border Trade) Act 2018 ( T( CT) A 2018). T( CT) A 2018, Sch 4 Pt 1 sets out the...

When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...

This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...

Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...

I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...