As enacted

Contents

7. Information required to be included in the application

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

(1)

An application made under paragraph (a) of section 6 shall provide such information as is reasonably available to the applicant on the following matters:-

(a)

a complete description of the imported product including its technical characteristics and uses and an identification of its tariff classification and the duties applicable to such product;

(b)

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

(c)

the names and addresses of the enterprises making the application or the enterprises on whose behalf the application is being made (hereinafter referred to as the “requesting enterprises”) and of all other known producers of the domestic like or directly competitive products;

(d)

the percentage of domestic production of the like or directly competitive products represented by the requesting enterprises;

(e)

information on the volume and value of the imported product for each of the three calendar years preceding the date of making the application and any other recent data, by the country of origin;

(f)

a description of the increase in imports and in particular whether such increase is absolute or relative to domestic production, or both;

(g)

information relating to the serious injury or threat of serious injury to the domestic industry, for each of the three calendar years preceding the date of making the application and recent data, including-

(i)

with respect to serious injury -

(A)

volume and value of the domestic product;

(B)

utilization of production capacity;

(C)

changes in inventory levels;

(D)

market share;

(E)

changes in sales levels;

(F)

level of employment and wages in the domestic industry;

(G)

changes in price levels;

(H)

productivity;

(I)

profit and loss;

(J)

return on investment;

(K)

cash flow; and

(L)

any other information that may relate to the existence of a serious injury;

(ii)

with respect to threat of serious injury-

(A)

export capacity in the exporting countries;

(B)

inventories relating to the imported product available in Sri Lanka and in the exporting countries; and

(C)

information regarding the probability of increase in the imports including trade restrictions on exports to third country markets;

(h)

an explanation, in the light of the information contained in the application and the requirements under this Act, of the reasons why it is believed that serious injury or threat thereof exists, and is caused by increased imports;

(i)

a statement giving specific reasons for seeking an application of a safeguard measure, such as, to facilitate the orderly transfer of resources to more productive uses, to improve competitiveness or to adapt to new conditions of competition, together with the type and level of the measure considered necessary to ensure the achievement of the objectives pursued;

(j)

a plan for adjusting the domestic industry to competition from imports, in accordance with the objectives referred to in paragraph (i) ; and

(k)

if a provisional measure is sought, information regarding critical circumstances where delay in taking action would cause damage to the industry which it would be difficult to repair, and a statement indicating the level of tariff increase requested for as a provisional measure.

(2)

Every application made under paragraph (a) of section 6 shall be accompanied by such fee as may be prescribed and be submitted to the Director-General together with such number of copies of the application as may be determined by the Director-General.

(3)

The Director-General shall take due account of any difficulties experienced by interested parties and in particular small companies, in supplying the information requested for and provide them, through an advisory body constituted for that purpose, with practicable assistance or where appropriate, extend the time granted for the submission of any specified information, as the case may be.

(4)

The Minister shall constitute an advisory body for the purpose of assisting applicants in the formulation of applications made under paragraph (a) of section 6. The composition, establishment and all other matters pertaining to such an advisory body shall be as prescribed by the

Minister.

Read on from s 8