SAFEGUARD ACT

ARRANGEMENT OF SECTIONS

PART I
Preliminary

   1   Short title and commencement

   2   Interpretation

 

PART II
Appointment and Functions of Investigating Authority

   3   Appointment of Investigating Authority

   4   Functions of Investigating Authority

   5   Factors to be considered in determining serious injury

 

PART III
Investigation

Conduct of Investigation

   6   Power to carry out investigation

   7   Withdrawal of request before investigation

   8   Procedures for commencement of investigation

   9   Notice of investigation

   10   Timetable for investigation

   11   Investigative powers

   12   Treatment of confidential information

   13   Reliance on available information

   14   Written arguments

   15   Hearings

   16   Public register and access thereto

 

PART IV
Application of Safeguard Measures

Provisional Safeguard Measures

   17   Application of provisional safeguard measures

   18   Notice of application of a provisional safeguard measure

   19   Duration of provisional safeguard measure

   20   Payment and refund of provisional safeguard measure

 

Conclusion of Investigation

   21   Determination of cause or threat of serious injury

   22   Notice of determination re cause of serious injury or threat thereof

 

Definitive Safeguard Measures

   23   General principles for applying definitive safeguard measures

   24   Notice of application of definitive safeguard measure

   25   Form and application of definitive safeguard measure

   26   Non-application of a definitive safeguard measure to certain developing countries

   27   Notice of termination of investigation with no safeguard measure applied

   28   Duration of definitive safeguard measure

   29   Progressive liberalization

 

Review of Definitive Safeguard Measures

   30   Review of definitive safeguard measures

 

PART V
Extension and Re-application of a Safeguard Measure

   31   Extension of definitive safeguard measure

   32   Re-application of safeguard measure

 

PART VI
General

   33   Regulations

   34   Application for judicial review

   35   Grounds for review

 

THE SAFEGUARD ACT

[Date of Commencement: 1st August, 2003]

Act 24 of 2001.

PART I
Preliminary (sections 1-2)

1   Short title

   This Act may be cited as the Safeguard Act.

2   Interpretation

   In this Act-

   "adjustment plan" means a plan for adjusting the domestic industry to competition from imports in accordance with regulations made under section 33;

   "applicant" means a person who requests an investigation under this Act;

   "Commissioner" means the Commissioner of Customs;

   "Committee" means the Committee on Safeguard of the World Trade Organisation;

   "Council" means the Council for Trade in Goods of the World Trade Organisation;

   "country" includes an autonomous customs territory;

   "Court" means the Supreme Court;

   "daily newspaper" means a daily newspaper circulated in Jamaica;

   "domestic industry" means-

   (a)   the producers, as a whole, of like or directly competitive products, operating within Jamaica; or

   (b)   those producers operating within Jamaica whose collective output of like or directly competitive products constitutes a major proportion of the total domestic production of those products;

   "domestic producer" means a member of a domestic industry;

   "General Agreement" means the General Agreement on Tariffs and Trade, 1994;

   "interested party" means-

   (a)   an exporter or foreign producer of an investigated product;

   (b)   an importer of an investigated product;

   (c)   any trade or business association a majority of the members of which are-

         (i)   producers, exporters or importers of an investigated product;

         (ii)   producers of a like or directly competitive product;

   (d)   the government of an exporting country;

   (e)   a producer in Jamaica of a like or directly competitive product;

   (f)   a labour union or other organisation representing the interest of workers in a domestic industry;

   (g)   any consumer association;

   (h)   any industrial user of an investigated product;

   (i)   any other person whom the Investigating Authority determines to have a sufficient interest in the outcome of a safeguard investigation under this Act;

   "investigated product" means an imported product which is the subject of a safeguard investigation under this Act;

   "Investigating Authority" means the person or body appointed under section 3;

   "like or directly competitive product" means a locally produced product that is identical or similar to or directly competitive with an investigated product;

   "member" means a member of the World Trade Organisation;

   "notice of investigation" means a notice under section 9(1) of the decision by the Investigating Authority to conduct a safeguard investigation;

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