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Table of contents back to top
I. Preamble
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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 with 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 basic inquiries
2. Article 2.1
(a) Relationship with Article
XIX of the GATT 1994
(b) Findings under Article 4
and Article 2
(c) “that such product is
being imported … in such increased quantities”
(i) Relevance of 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) The relevance of price
analysis when assessing the situation of the domestic industry
(f) Scope of application of a
safeguard measure in the case of a regional trade agreement
(g) Parallelism
(h) “cause or threaten to
cause serious injury”
(i) Necessity of discrete
determination of serious injury or of threat of serious injury
(i) Relationship with other
Articles
(j) 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. General
(a) Absence of a claim under
Article 3
2. Article 3.1
(a) “investigation”
(i) Duty of national
authorities
(ii) The conduct of the
investigation — the obligation to consult interested parties
(b) Internal decision-making
process prior determination
(c) The published report
(i) “To publish” versus
“to make publicly available”
(ii) Reasoned conclusions
(iii) “on all pertinent
issues of law and fact”
(iv) Format of the report
(v) Timing of the report
(d) Relationship with other
paragraphs of Article 3
(e) Relationship with other
Articles
(f) Relationship with other
WTO Agreements
(i) Article XIX of the GATT
1994
(ii) Article 11 of the DSU
3. Article 3.2
(a) Confidential information
(b) Relationship with other
paragraphs of Article 3
(c) Relationship with other
WTO Agreements
(i) Articles 11 and 13 of the
DSU
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” in the position of the domestic
industry
(i) “serious injury” as a
high standard of injury
(ii) Evaluation of all injury
factors
(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 Article
4.1(c)
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 Article
4.2(b)
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
WTO Agreements
(i) 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) 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 with Article
XIX of the 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”
(i) “Immediate”
notification under Article 12.1(a)
(ii) “Immediate”
notification under Article 12.1(b)
(iii) “Immediate”
notification under Article 12.1(c)
(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. Article 12.6
7. 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
XVII.
Status of Safeguards Legislative Notifications
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