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Table of contents back to top
I. Preamble back to top
A. Text of the Preamble
B. Interpretation and Application
of the Preamble
II.
Article 1 back to top
A. Text of
Article 1
B. Interpretation and Application
of Article 1
1. Relationship between the Agreement on Safeguards and Article XIX of the GATT 1994
(a) General
(b) “unforeseen
developments”
III.
Article 2 back to top
A. Text of
Article 2
B. Interpretation and Application
of Article 2
1. General
(a) The
two “basis inquiries”
2. Article
2.1
(a) Relationship
between Article 2.1 of the Agreement on Safeguards and Article XIX of
GATT 1994
(b) Findings
under Article 4 and under Article 2
(c) “that
such product is being imported … in such increased quantities”
(i) Quantity
versus value of imports
(ii) Relationship
between Article 2.1 and Article 4.2(a)
(iii) Nature
and timing of the increase in imports
(iv) Absolute
or relative increase in imports
(d) “and
under such conditions”
(e) Scope
of application of a safeguard measure in the case of a regional trade
agreement
(f) Parallelism
(g) “cause
or threaten to cause serious injury”
(i) Necessity
of discrete determination of serious injury or of threat of serious
injury
(h) Relationship
with other Articles
(i) Relationship
with other WTO Agreements
(i) Article
XXIV of the GATT 1994
3. Article
2.2
(a) Scope
of application of safeguard measures in the case of regional trade
agreements
(b) Relationship
with other Articles
(c) Relationship
with other WTO Agreements
IV.
Article 3 back to top
A. Text of
Article 3
B. Interpretation and Application
of Article 3
1. Article
3.1
(a) “investigation”
(i) Duty
of national authorities
(b) “shall
publish a report”
(c) “on
all pertinent issues of law and fact”
(d) Relationship
with other Articles
(e) Relationship
with other WTO Agreements
2. Article
3.2
(a) Confidential
information
3. General
(a) Absence
of a claim under Article 3
(b) Relationship
with other WTO Agreements
V.
Article 4 back to top
A. Text of
Article 4
B. Interpretation and Application
of Article 4
1. Article
4.1(a)
(a) “serious
injury” as “significant overall impairment”
(b) “current”
serious injury
2. Article
4.1(b)
(a) Serious
injury “that is clearly imminent”; determination of a threat
of serious injury “based on facts and not merely on allegation,
conjecture or remote possibility”
(b) Increased
imports as a prerequisite for a determination of threat of serious
injury
(c) Relationship
between a determination of the existence of serious injury and a
determination of the existence of a threat of serious injury
(d) Relationship
with other Articles
3. Article
4.1(c)
(a) “domestic
industry”—“producers as a whole…of the like or directly
competitive products”
(b) “those
whose collective output…constitutes a major proportion”
(c) Relationship
with other Articles
4. Article
4.2(a)
(a) “shall
evaluate all relevant factors”
(i) Relationship
between the requirement to evaluate all relevant factors and the
definition of serious injury in Article 4.1(a)
(ii) “All”
relevant factors — factors relating to imports and factors relating to
the domestic industry
(iii) Requirement
to consider all factors listed in Article 4.2(a)
(iv) Standard
of review
(v) “of
an objective and quantifiable nature”
(vi) “Rate
and amount” of the increase; “changes” in the level of
sales
(vii) “productivity”
(viii) Factors
not listed in Article 4.2(a)
(ix) Consideration
of “all relevant factors” in the case of a segmented domestic
industry
(x) Consideration
of trends
(xi) Allocation
methodology
(b) Relationship
with other Articles
5. Article
4.2(b)
(a) General
approach to the causation analysis
(i) Coincidence
of trends
(ii) Conditions
of competition between imported and domestic products
(iii) Factors
other than increased imports (non-attribution requirement)
(b) Relationship
with other Articles
(c) Relationship
with other Agreements
(i) The
Anti-Dumping Agreement
6. Article
4.2 (c)
(a) Relationship
with other Articles
VI.
Article 5 back to top
A. Text of
Article 5
B. Interpretation and Application
of Article 5
1. Article
5.1
(a) Scope
of requirement to explain the necessity of a safeguard measure
(b) Adjustment
plans
(c) Relationship
with other Articles
(d) Relationship
with other WTO Agreements
(i) The
GATT 1994
2. Article
5.2
(a) Article
5.2(b)
(i) “the
departure referred to above shall not be permitted in the case of threat
of serious injury”
VII.
Article 6 back to top
A. Text of
Article 6
B. Interpretation and Application
of Article 6
1. Relationship with other Articles
VIII.
Article 7 back to top
A. Text of
Article 7
B. Interpretation and Application
of Article 7 1. Article
7.4
IX.
Article 8 back to top
A. Text of
Article 8
B. Interpretation and Application
of Article 8 1. Article
8.1
(a) “in
accordance with the provisions of paragraph 3 of Article 12”
(b) Relationship
with other Articles
(c) Relationship
with other WTO Agreements
X.
Article 9 back to top
A. Text of
Article 9
B. Interpretation and Application
of Article 9 1. Article
9.1
(a) Exclusion of developing country exporting less than
“de minimis” levels
XI.
Article 10 back to top
A. Text of
Article 10
B. Interpretation and
Application of Article 10
XII.
Article 11 back to top
A. Text of
Article 11
B. Interpretation and
Application of Article 11
1. Article
11.1(a)
(a) Relationship
between the Agreement on Safeguards and Article XIX of GATT 1994
(b) Relationship
with other Articles
(c) Relationship
with other WTO Agreements
2. Article
11.2
XIII.
Article 12 back to top
A. Text of
Article 12
B. Interpretation and
Application of Article 12
1. Notification
formats adopted by the Committee on Safeguards
2. Article
12.1
(a) “shall
immediately notify”
(b) Content
of notifications under Article 12.1(a)
3. Article
12.2
(a) “all
pertinent information”
(b) Notification
of a proposed safeguard measure
4. Article
12.3
(a) “adequate
opportunity for prior consultations”
5. Relationship
with other Articles
(a) Articles
2 and 4
(b) Article
7
6. Relationship
with other WTO Agreements
7. Article
12.6
8. Article
12.7
XIV.
Article 13 back to top
A. Text of
Article 13
B. Interpretation and
Application of Article 13
1. General
(a) Rules
of procedure
(b) Observers
2. Article
13.1
XV.
Article 14 back to top
A. Text of
Article 14
B. Interpretation and
Application of Article 14
XVI.
Annex back to top
A. Text of the Annex
B. Interpretation and Application
of the Annex
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