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2	Trade Remedy Measures Imposed Between 1995 and 30 June 2006^*
3	DISPUTE SETTLEMENT Panels Established (1995 - 2006 - Article 21.5 info not included)
4	DISPUTE SETTLEMENT Trade Remedy Disputes (Panels Established, 1995 - 2006)
5	SAFEGUARD MEASURES IMPOSED 1995 – 2007
6	SAFEGUARDS IMPOSING COUNTRIES 1995 - 2007
7	DEVELOPED vs DEVELOPING IMPOSING MEMBERS 1995 - 2007
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9	SAFEGUARDS Differ from AD/CVD: Don’t require “unfair” practice “serious” vs “material” injury To be taken on MFN basis (with certain exception) Have to “pay” when take them (as a rule) Note : “SG measures are extraordinary remedies to be taken only in emergency situations” (US – Line Pipe (DS202))
10	SAFEGUARDS: BASIC REQUIREMENTS A determination that, As a result of (i) unforeseen developments and (ii) the effect of a Member’s obligations under GATT 1994 A product is being imported in such increased quantities As to cause or threaten to cause Serious injury To the domestic industry Producing like or directly competitive products (GATT:XIX & Art. 2.1)
11	NEED FOR INVESTIGATION Must establish and publish procedures, including: Public notice to interested parties Public hearings Opportunity to address public interest Published report of findings and conclusions
12	INCREASED QUANTITY OF IMPORTS Absolute Relative to domestic production Increase must be sufficiently recent, sudden, sharp and significant (Argentina -- footwear etc.)
13	CAUSATION OF INJURY Identify injury caused by factors other than increased imports, and demonstrate that such injury has not been attributed to increased imports (“non-attribution”) No specific formula to separate the non-attribution. (US – Line Pipe (AB, DS202; March 2002)
14	APPLICATION OF MEASURES General principles Applied to all imports irrespective of their source (MFN) Only to the extent necessary to prevent injury AND to facilitate adjustment (Art. 2.2 & 5.1)
15	DURATION OF MEASURES Only for such period of time as may be necessary to prevent or remedy serious injury and facilitate adjustment Not exceed 4 years Extend to 8 years if continuation necessary and industry adjusting (no extension of modulated quota) Progressive liberalization if longer than 1 year Mid-term review if longer than 3 years (Art. 7)
16	COMPENSATION AND SUSPENSION OF EQUIVALENT CONCESSIONS Members taking safeguard measures have to “pay” for them through compensation or equivalent concessions Consult with Members having substantial export interests If can’t agree on compensation in 30 days, Member may suspend equivalent concessions unless Council on Trade in Goods disapproves Right of suspension cannot be exercised in first 3 years, provided: There is an absolute increase in imports Measure is consistent with Agreement (Art. 8)
17	SAFEGUARDS: SPECIAL AND DIFFERENTIAL TREATMENT Measures shall not apply to developing countries with imports That do not exceed 3 per cent of total imports individually Unless developing countries under 3 per cent together account for more than 9 per cent of total imports (Art. 9.1)