Determination of Serious Injury or Threat Thereof Clause Samples
The 'Determination of Serious Injury or Threat Thereof' clause defines the process and criteria for assessing whether a party, industry, or entity has suffered, or is at risk of suffering, significant harm. Typically, this involves evaluating economic data, market conditions, and other relevant factors to establish the existence or likelihood of serious injury. The core function of this clause is to provide a structured and objective basis for taking protective measures, such as imposing safeguards or remedies, thereby ensuring that actions are justified and not arbitrary.
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Determination of Serious Injury or Threat Thereof. 1. For the purposes of this Agreement:
(a) serious injury" shall be understood to mean a significant overall impairment in the position of a domestic industry;
(b) threat of serious injury" shall be understood to mean serious injury that is clearly imminent, in accordance with the provisions of paragraph 2. A determination of the existence of a threat of serious injury shall be based on facts and not merely on allegation, conjecture or remote possibility; and
(c) in determining injury or threat thereof, a "domestic industry" shall be understood to mean the producers as a whole of the like or directly competitive products operating within the territory of a Member, or those whose collective output of the like or directly competitive products constitutes a major proportion of the total domestic production of those products.
(a) In the investigation to determine whether increased imports have caused or are threatening to cause serious injury to a domestic industry under the terms of this Agreement, the competent authorities shall evaluate all relevant factors of an objective and quantifiable nature having a bearing on the situation of that industry, in particular, the rate and amount of the increase in imports of the product concerned in absolute and relative terms, the share of the domestic market taken by increased imports, changes in the level of sales, production, productivity, capacity utilization, profits and losses, and employment.
(b) The determination referred to in subparagraph (a) shall not be made unless this investigation demonstrates, on the basis of objective evidence, the existence of the causal link between increased imports of the product concerned and serious injury or threat thereof. When factors other than increased imports are causing injury to the domestic industry at the same time, such injury shall not be attributed to increased imports.
(c) The competent authorities shall publish promptly, in accordance with the provisions of Article 3, a detailed analysis of the case under investigation as well as a demonstration of the relevance of the factors examined.
Determination of Serious Injury or Threat Thereof. For the purposes of this Agreement:
Determination of Serious Injury or Threat Thereof. For the purpose of verifying the existence of serious injury or threat thereof, the investigating authority shall evaluate all objective and quantifiable factors relating to the affected domestic industry, in particular, the rate and amount of the increase in imports of the good in question, in both absolute and relative terms; the share of the domestic market taken by the increased imports, changes in the level of sales, domestic prices, production, productivity, capacity utilization, profits and losses, and employment.