Following EU exit, the UK transitioned over 43 trade remedy measures. These measures were originally applied on behalf of all 28 member states, including the UK, by the European Commission. Two of these 43 measures were anti-dumping and anti-subsidy measures on imports of certain bus and lorry tyres of Chinese-origin.
The UK committed to conduct transition reviews of all 43 measures to ascertain whether the measures are appropriate for the UK market, including whether they should be extended or terminated. As the UK’s independent trade remedies investigatory body, the Trade Remedies Authority is responsible for the conduct of transition reviews. The TRA makes evidence-based recommendations to the Secretary of State. The Secretary of State carefully considers their conclusions, the evidentiary basis and relevant matters in the public interest before deciding whether to extend or terminate existing UK measures, such as those 43 the UK transitioned from the EU.
In 2022, the European Commission lost a legal challenge brought by Chinese industry, challenging the anti-dumping and anti-subsidy measures that the EU had in place on bus and lorry tyres of Chinese-origin. The methodology underpinning the EU’s measures on behalf of the 28 member states was found to be flawed. The European Commission reopened both investigations and in 2023 recalculated the duties, backdating the effect to remedy the issue. The new duties applied only on behalf of the 27 member states as the UK had already exited EU.
The UK was unable to take comparable action without a review of the measures. On 3 May 2023, the TRA initiated the transition reviews of our anti-dumping and anti-subsidy measures on imports of bus and lorry tyres of Chinese-origin. Through the transition review, the TRA received compelling evidence supporting a recalculation of the anti-dumping and anti-subsidy duties inherited from the EU.
Following a consideration of the evidence provided to it by domestic and foreign interested parties, the TRA recommended to the Secretary of State that both measures be extended for a further five years. The TRA also recommended that certain duties be increased, whereas others should be decreased. Domestic legislation limited the TRA to being able only to recommend that these new duties be applied from the original date of expiry of both measures—23 October 2023 for the anti-dumping measure, and 13 November 2023 for the anti-subsidy measure.
While the Secretary of State accepted the basis of the TRA’s recommendation to extend both measures and amend the duties, the Secretary of State believed that the amended duties should be applied from different dates. The Secretary of State believed that it is in the public interest and the reasoning was as follows:
For those duties the TRA recommended be increased, the Secretary of State decided to apply these prospectively from the day after the public notice was published—1 August 2025. This is because applying the increased duties prospectively is in accordance with World Trade Organisation rules on prospectivity and represented a fair outcome for the affected UK importers. The Secretary of State also does not anticipate the TRA finding itself in this situation again—the issue was driven by the original EU duties being found to be flawed. The TRA has almost completed all transition reviews of those 43 measures the UK originally inherited.
For those duties the TRA recommended be decreased, the Secretary of State decided to apply these from 1 January 2021. This was to remedy the fact that the UK inherited duties from the EU that were subject to a successful legal challenge by Chinese industry in 2022. This again represented a fair outcome for UK importers.
The Government published a public notice on 31 July 2025 to give effect to the Secretary of State’s decision from 1 August 2025.
[HCWS934]