Determination of serious injury: preferential tariff reductions must be a substantial cause for increased imports to justify safeguards. The Director-General must determine serious injury or threat using objective, quantifiable factors such as the rate and amount of increased imports, domestic market share lost to imports, and changes in sales, production, productivity, capacity utilisation, profits and employment. A determination that increased imports arise from tariff reductions under the Trade Agreement requires objective evidence that such preferential treatment contributes significantly to the import increase; where other factors cause injury, that injury shall not be attributed to increased imports. Temporal separation alone does not bar such a finding.
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Provisions expressly mentioned in the judgment/order text.
Determination of serious injury: preferential tariff reductions must be a substantial cause for increased imports to justify safeguards.
The Director-General must determine serious injury or threat using objective, quantifiable factors such as the rate and amount of increased imports, domestic market share lost to imports, and changes in sales, production, productivity, capacity utilisation, profits and employment. A determination that increased imports arise from tariff reductions under the Trade Agreement requires objective evidence that such preferential treatment contributes significantly to the import increase; where other factors cause injury, that injury shall not be attributed to increased imports. Temporal separation alone does not bar such a finding.
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