China Safeguards: What Can Latin America Do?


the use of the safeguard and the imposition of tariffs on Chinese

shipments should give an incentive to other countries concerned about surging Chinese imports to consider doing the same if the facts warrant. If a “safeguard” law already exists in a particular country, then a determination must be made whether that safeguard provision can be used or modified in such a way so that it can be put into immediate effect against imports from China. There must be objective legal standards for an investigative authority to follow, the process must be transparent, parties must be given a chance to submit data and legal arguments to present their position, and an outcome detailing the rationale behind a

decision/remedy must be published. If such a process does not exist, then changes would need to be made in the law or regulation that implement the safeguard provisions of China’s WTO accession agreement. There is ample time for a governing authority to do so as, again, the safeguard provision does not expire until 2013. Once this is in place and followed during the investigation process, a country’s governing authority can effectively defend its agency’s action should a challenge arise to impose a safeguard remedy.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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