第十讲保障措施.docVIP

第十讲 保障措施 Rules of Safeguard Measures Content Introduction Principal substantive rules of the application of safeguards Basic procedural rules of the application of safeguards Case 1. Introduction Tariff reductions may lead to influx of foreign goods, so that certain domestic industries are difficult to adapt to this new competitive environment through adjusting industrial structure or technological innovation, therefore, these industries need a certain period of time for adjustment. Safeguard measures are taking provisionally emergent remedies on the imports of certain products which access to the territory of the country fairly. Safeguard measures, against with anti-dumping duties and countervailing measures, are not aimed at unfair trade practices, but fair imported products, which make serious damage to domestic industry. Safeguard measures have the quality of temporary, emergency and exceptional. The implementation conditions of safeguard measures are much more strict than that of anti-dumping measures or countervailing measures. Besides, the period and degree of implementation are subject to restrictions. The exporting members who have suffered from damage on account of safeguard measures by imported member should be compensated for the loss. “Article 19 of GATT” and “Agreement on Safeguards ”constitute the rules of adjusting safeguard measures. 2. Principal substantive rules of the application of safeguards Applying prerequisites of safeguards Establishment of serious injury or threat thereof (1)Applying prerequisites of safeguards Article 2 of Agreement on Safeguard: A Member may apply a safeguard measure to a product only if that Member has determined, pursuant to the provisions set out below, that such product is being imported into its territory in such increased quantities, absolute or relative to domestic production, and under such conditions as to cause or threaten to cause serious injury to the domestic industry that produces like or directly