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As enacted
Contents

32. Quotas as definitive safeguard measure

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

(1)

A definitive safeguard measure in the form of a quota on imports of the investigated product, shall not reduce the quantity of those imports below the average level registered in the most recent three representative years for which statistics are available.

(2)

Notwithstanding the provisions of subsection (1), the

Minister in charge of the subject of Finance in consultation with the Minister, may, where there are sufficient reasons to justify that a different level is necessary to prevent or remedy serious injury or threat of serious injury, apply a quota which reduces the quantity of imports of the investigated product below the average level registered in the most recent three representative years for which statistics are available.

(3)

Where more than one country exports the investigated product to Sri Lanka, any quota on imports shall be allocated among all the supplying countries.

(4)

Where the Minister in charge of the subject of Finance, in consultation with the Minister, determines that the method referred to in subsection (3) is not reasonably practical for allocation of the quota, he shall allocate the quota among countries having a substantial interest in supplying the investigated product. The allocation shall be based upon the proportions of the investigated product supplied by such countries during the previous three years, and due account shall also be taken of any special factors which may have affected or may be affecting trade in the investigated product.