Serious injury determination under trade safeguard rules depends on objective evidence, import surges, and a significant causal link to duty reduction. Serious injury or threat of serious injury to the domestic industry is determined on objective and quantifiable factors, including import growth, market share, sales, production, productivity, capacity utilisation, profits, losses and employment. The determination requires objective evidence that increased imports under the Trade Agreement alone are the substantial cause of the injury, and other concurrent causes must not be attributed to those imports. For originating articles, the duty reduction or elimination must contribute significantly to the import increase, though it need not be the dominant cause.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Serious injury determination under trade safeguard rules depends on objective evidence, import surges, and a significant causal link to duty reduction.
Serious injury or threat of serious injury to the domestic industry is determined on objective and quantifiable factors, including import growth, market share, sales, production, productivity, capacity utilisation, profits, losses and employment. The determination requires objective evidence that increased imports under the Trade Agreement alone are the substantial cause of the injury, and other concurrent causes must not be attributed to those imports. For originating articles, the duty reduction or elimination must contribute significantly to the import increase, though it need not be the dominant cause.
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