ITC Adopts Interim Rule on FTA Safeguard Investigations, Etc.
The International Trade Commission adopted as final, effective June 25, its interim rule that amends 19 CFR Part 206 to provide rules for the conduct of safeguard (injury) investigations under statutory provisions that implement bilateral safeguard provisions for the 13 free trade agreements1 the U.S. has implemented with other countries, as well as the pending FTA with Panama, once it enters into force. The interim rule was adopted as unchanged, with the exception of the correction of three typographical errors. ITC said the rule amends and expands upon current rules on the conduct of bilateral safeguard investigations under the NAFTA Implementation Act with respect to imports from Canada and Mexico.
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According to the final rule, the ITC may commence an investigation based on a petition, request, resolution, or motion filed on behalf of a domestic industry. Critical circumstances may be alleged with respect to imports from certain countries (Australia, Canada, Jordan, Korea, Mexico, Morocco, or Singapore). There are also special provisions for perishable agricultural products and Korean motor vehicle articles. Note that the petition, request, etc. must include quantitative import data for the most recent five year period indicating the nature and extent of injury to the domestic industry concerned.
(The rules in 19 CFR 206 govern investigations relating to global and bilateral safeguard actions, market disruption, trade diversion and review of relief actions.)
(See ITT's Online Archives 12012608 for summary of the interim rule.)
1In addition to the North American Free Trade Agreement (NAFTA) Implementation Act with Canada and Mexico, the U.S. has negotiated FTAs with the following 17 countries: Australia, Bahrain, Chile, Colombia, the Dominican Republic and five Central American countries (Costa Rica, El Salvador, Guatemala, Honduras, and Nicaragua), Jordan, Korea, Morocco, Oman, Panama, Peru, and Singapore.