Measures adopted to generate conditions to overcome the lack of
competitiveness of a particular industry before the presence of
imports. These measures can include, for example, re-structuring of a
plant, training of employees, acquisition of new technologies,
introduction of more efficient production processes, among others.
Article XIX means the article of the GATT Agreement that allows a GATT
member to take “safeguard” action to protect a specific domestic
industry from an unforeseen increase of imports of any product which
is causing, or which is likely to cause, serious injury to the
Relationship that is established when a cause generates a given
effect. See Subsidies, Antidumping and Countervailing Duties, page
40, where this text may have a slightly different meaning.
of trade benefits (normally market access concessions) granted by the
importing country imposing a safeguard measure to an affected
exporting country. These benefits are given with a view to offsetting
the commercial losses incurred by the exporting country. Normally the
benefits granted should have a commercial value equivalent to the
international association organized to eliminate customs restrictions
on goods exchanged between member nations and to establish a uniform
tariff policy toward nonmember nations.
Directly competitive good
Directly competitive good means the good which, while not necessarily
similar to the one that it is compared with, is essentially equivalent
for purposes of trade being put to the same use and being
interchangeable with the latter.
Findings of the investigation
the investigation to determine whether increased imports have caused
or are threatening to cause serious injury to a domestic industry, the
competent authorities shall evaluate all relevant factors of an
objective and quantifiable nature having a bearing on the situation of
that industry, in particular, the rate and amount of the increase in
imports of the product concerned in absolute and relative terms, the
share of the domestic market taken by increased imports, changes in
the level of sales, production, productivity, capacity utilization,
profits and losses, and employment.
Global safeguard measure
safeguard measure imposed under Article XIX of GATT 1994 and the WTO
Agreement on Safeguard Measures.
Individuals or organizations that may have an interest in the
safeguard measure. These may include; for example: the petitioner;
other domestic producers; commercial, trade or business associations
in which the majority of the members are producers of the good under
investigation; foreign producers; exporters; importers; governments of
the exporting or producing parties; and consumers or associations
Includes an identical good and one that, although not the same in all
aspects, has similar features and composition, which enables it to
perform the same functions and to be commercially interchangeable with
the good it is compared with.
Provisional safeguard measure
provisional measure, normally a tariff, which is imposed on imports to
prevent injury to the domestic industry while the issue is under
investigation and before a final decision is reached.
Border measure, usually of a tariff nature, imposed on a temporary
basis on imports of goods that cause or threaten to cause serious
injury to a domestic industry that produces like or similar goods. Its
objective is to provide time for the affected industry to undergo an
adjustment process. It is normally imposed after an investigation in
the importing country that seeks to determine whether the serious
injury or threat thereof is caused to the industry as a result of
significant overall impairment in the position of a domestic industry.
Normally, the following factors are examined in order to determine
whether the domestic
industry has been seriously injured by imports: share of domestic
market taken by
increased imports, changes in the levels of sales, production,
utilization, profits and losses, and employment.
specific safeguard mechanism is a safeguard mechanism which objective
is to offer
temporary protection to a specific sector of the domestic production;
textiles, agriculture, etc.
Supplier of a good that exports important quantities of a good on a
regular basis. In trade agreements a country may be considered as a
substantial supplier if for a specific period of time it has been the
territory of origin of a given percentage (for instance 10%) of the
total imports of the good subject to a safeguard measure in the