Safeguard Investigation

Safeguard measures (i.e., restrict imports of a product temporarily) aim to protect a specific domestic industry from a surge in imports of any product which is causing, or which is threatening to cause, serious injury to the industry.

On one hand, Vietnam is one of the most avid users of safeguards which affect imports from all sources. On the other hand, Vietnam exporters/producers may also face safeguard investigations initiated by other countries.

We assists clients in responding to the questionnaires, preparation of the written briefs, post-hearing briefs, participation in the hearings and verification if needed.

In light of the jurisprudence in the WTO, we carefully analyze the case by using our deep economic and analytical expertise and submit legal, economic view to the government of the investigating country.

Safeguard measures differ other trade remedies because of its nature. Safeguard is a trade remedy against fair trade practices not like other unfair trade practices such as dumped or subsidized imports. It aims to receive partial tariff concessions back given in the Uruguay Round. Because of this difference in nature of investigations are proceedings in which the authorities seek to impose emergency measures to limit imports temporarily, designed to “safeguard” domestic industries. The administering authorities analyze two key factors in safeguard investigations. These factors are whether or not a domestic industry is injured or threatened with injury and whether this injury is caused by a surge in imports.

In most instances authorities request detail financial, sales and cost data going back several years in these investigations.WTL’s consultants assist the company staff gather this data in a reconciled manner and suggest alternative methodologies in absence of certain required data. A wholesome verifiable approach in putting together the information is crucial as the submitted information may be subject to verification by the administering authority. WTL’s consultants accompany the company personnel in such verification, if conducted.

Our consultants perform a detailed review of the injury allegations made by the complainants and cross check the accuracy of these claims. If applicable, we develop factual support for alternative causes of the alleged injury and provide our own analysis of whether a surge has happened and whether a surge caused the alleged injury. In this process, WTL also performs a critical evaluation of the authority’s findings to identify any errors including the allocation of quotas, where applicable.