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Part V · Definitive Safeguard Measure

27. Notification and consultation of a definitive safeguard measure

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(1)

Immediately upon a decision to apply a definitive safeguard measure, but before such measure takes effect, the Government shall notify the Committee regarding—

(a)

the evidence of serious injury or threat thereof caused by increased imports;

(b)

the precise description of the product under investigation;

(c)

the form, level and duration of the proposed measure;

(d)

the proposed date of application of the measure; and

20 Laws of Malaysia ACT 657

(e)

the proposed date of introduction, expected duration and timetable for progressive liberalization.

(2)

Before a definitive safeguard measure is applied, the

Government shall provide adequate opportunity for consultation with those Members having a substantial interest as exporters of the product under investigation, with a view to—

(a)

reviewing the information notified to the Committee regarding the finding of serious injury or threat thereof caused by increased imports and the proposed measure;

(b)

exchanging views about the measure; and

(c)

reaching an understanding on ways to achieve the objective to maintain a substantially equivalent level of concessions and other obligations to that existing under

GATT 1994 between Malaysia and the exporting

Members which would be affected by such a measure.

The Government may endeavour to provide any adequate means of trade compensation for the adverse effects of the measure on their trade.

(3)

The Government shall notify the Council for Trade in Goods of the WTO immediately, through the Committee, of the results of the consultation.

Form and application of a definitive safeguard measure

Report

Part VI

Review of Safeguard Measure

Part VII

Reapplication of a Safeguard Measure

Part VIII

Miscellaneous