Role of ‘adjustment plan’ in safeguard investigations
by Divyashree Suri
Article 5 of Agreement on Safeguards stresses that a Member shall apply safeguard measures only to the extent necessary to prevent or remedy serious injury and to ‘facilitate adjustment’. The article in this issue of International Trade Amicus points out that adjustment plan submitted by domestic industry plays a vital role for authorities who choose to analyze the same while conducting investigation for safeguard measures. However, the author points out that there exists no Indian jurisprudence which discusses the precise role of an adjustment plan in a safeguard investigation, and as to whether an investigation can result in a negative finding on the sole basis of unviability of submitted adjustment plan by the domestic industry. It is stressed upon that practical problems may arise on not giving due importance to ‘facilitating adjustment’. According to the author, it is only a matter of time and circumstances which shall reveal the consequences of non-submission of a viable adjustment plan…
Trade Remedy News
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