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USITC Amends Bilateral Safeguard Regulations

01/26/2012

In a Federal Register notice published January 26, 2012 the U.S. International Trade Commission (USITC) adopted interim rules which amend the regulations governing the conduct of bilateral safeguard investigations and determinations which are required by a number of free trade agreements.

Bilateral safeguard provisions direct the USITC "to conduct an investigation and determine whether, as a result of the reduction or elimination of a duty under the agreement, an article is being imported into the United States in such increased quantities, in absolute terms or relative to domestic production, and under such conditions that imports of such article constitute a substantial cause of serious injury or the threat thereof to the domestic industry producing an article that is like or directly competitive with the imported article."

In the event of an affirmative determination the Commission recommends a remedy to the President who must then make a final decision on the proposed course of action.

The bilateral safeguard investigation regulations are covered under 19 CFR Part 206. A number of sections are being amended, including:
- Identification of type of petition or request
- Report to the President
- Who may file a petition
- Contents of the petition
- Time limit for determinations and reporting

Comments must be received by March 26, 2012.


The full text of the Federal Register notice can be accessed online at:
http://www.gpo.gov/fdsys/pkg/FR-2012-01-26/pdf/2012-1500.pdf



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