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As enacted
Contents

22. Notification with regard to the 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)

Where a decision is taken up to apply a provisional safeguard measure under subsection (4) of section 21, the Minister shall direct the Director-General to publish a notice regarding such application in the Gazette and in any newspaper widely circulated in Sri Lanka in all three languages, which shall contain the following information:-

(a)

a complete description of the investigated product, including its technical characteristics and uses and an identification of its tariff classification and the duties applicable;

(b)

a complete description of the domestic like or directly competitive products, including their technical characteristics and uses;

(c)

the names of all known producers of the domestic like or directly competitive products;

(d)

the country or countries of origin of the investigated product;

(e)

the basis for the determination of the existence of certain critical circumstances, where delay in the application of a provisional safeguard measure may cause damage that would be difficult to repair;

(f)

the basis for the determination of the existence of clear evidence that increased imports of the investigated products have caused or are threatening to cause serious injury;

(g)

the amount of duty increase which is proposed as a provisional safeguard measure; and

(h)

the intended duration of the period of application of the provisional safeguard measure.

(2)

Where a decision is taken against the application of a provisional safeguard measure, the Minister shall direct the

Director-General to publish a notice of the same in the

Gazette and in any newspaper widely circulated in Sri Lanka in all three languages, which shall contain the following information:-

(a)

a complete description of the investigated product, including the technical characteristics and uses and an identification of its tariff classification and the duties applicable ;

(b)

an identification of the domestic like or directly competitive product;

(c)

an explanation of the reasons for arriving at a decision against the application of a provisional safeguard measure; and

(d)

a statement as to whether the investigation will be terminated at that point, or continued through to a finality.