No surprise, but the EU/UK FTA imposes effectively no constraints on trade remedy use between the parties.
Eight short, one-sentence paragraphs, with paragraph 8 carving paragraphs 1-6 out of dispute settlement. There is no value-added here beyond an (unenforceable) requirement to consider information on public interest (para. 6). The hortatory ("may") language on lesser duty (para 5), which applies only to AD, not CVD, reflects the increasing conditionality the EU has attached to the lesser duty rule.
The trade remedies text is even thinner than that in CETA, and means that, in regards to trade remedies, EU/UK trade relations are governed by the WTO and nothing more.
One trade remedy between the parties will already come into effect on 1 January (reciprocal safeguard measures on steel products, in the form of TRQS). It will be interesting to see how frequently trade remedies are in fact used between the parties. Experience in other FTAs between closely integrated economies (USMCA, Mercosur) suggests it may not be uncommon.
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Article GOODS.17: Trade Remedies
1. The Parties affirm their rights and obligations under Article VI of GATT 1994, the Anti-Dumping Agreement, the SCM Agreement, Article XIX of GATT 1994, the Safeguards Agreement, and Article 5 of the Agreement on Agriculture.
2. Chapter 2 [Rules of origin] of this Title does not apply to anti-dumping, countervailing and safeguard investigations and measures.
3. Each Party shall apply anti-dumping and countervailing measures in accordance with the requirements of the Anti-Dumping Agreement and the SCM Agreement, and pursuant to a fair and transparent process.
4. Provided it does not unnecessarily delay the conduct of the investigation, each interested party in an anti-dumping or countervailing investigation¹ shall be granted a full opportunity to defend its interests.
5. Each Party's investigating authority may, in accordance with the Party's law, consider whether the amount of the anti-dumping duty to be imposed shall be the full margin of dumping or a lesser amount.
6. Each Party's investigating authority shall, in accordance with the Party’s law, consider information provided as to whether imposing an anti-dumping or a countervailing duty would not be in the public interest.
7. A Party shall not apply or maintain, with respect to the same good, at the same time: (a) a measure pursuant to Article 5 of the Agreement on Agriculture; and (b) a measure pursuant to Article XIX of GATT 1994 and the Safeguards Agreement.
8. Title I [Dispute settlement] of Part Six does not apply to paragraphs 1 to 6 of this Article.
