21. Application of a provisional safeguard measure

Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.

(1)

The Director-General may recommend the application of a provisional safeguard measure, where he determines that -

(a)

there exists certain critical circumstances and delay in taking action may cause damage which would be difficult to repair; and

(b)

there is clear evidence that the increased imports of the investigated product has caused or are threatening to cause serious injury.

(2)

A provisional safeguard measure shall take the form of a duty payable at the time of importation of the investigated product. This duty shall be in addition to any duty payable under any other written law.

(3)

The Director-General shall submit his recommendations to the Minister, who shall forward the same to the Minister in charge of the subject of Finance.

(4)

The Minister in charge of the subject of Finance upon receipt of the recommendations of the Director-General shall, in consultation with the Minister, determine whether or not to apply provisional safeguard measures and the amount of provisional duty to be imposed.

Read on from s 22