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ARTICLES

LEGAL RESOURSES

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    • ARTICLE 48: INFORMATION TO BE COLLECTED TO DETERMINE WHETHER THE INCREASE IN IMPORTS HAS CAUSED OR THREATENS TO CAUSE SERIOUS DAMAGE TO THE NATIONAL INDUSTRY

     

    To determine whether the increase in imports has caused or threatens to cause serious damage to a national industry, the Ministry (LCE: Art. 3) (RLCE: Art. 1) shall collect as much as possible all relevant information and evaluate (RLCE: Art. 74) all relevant factors of an objective and quantifiable that are related to the situation of the national industry of identical, similar merchandise (RLCE: Art. 37) or directly competitive. This information should include:

  • The pace and the amount of the increase in imports (RLCE: Art. 72) of the good in question in absolute or relative terms;

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  • The part of the internal market absorbed by increasing imports;

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  • Changes in the levels of sales, production, productivity, utilization of installed capacity, profit or loss, employment and prices, and

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  • Repealed.

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  • Other elements that the Ministry considers necessary.

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    The determination of threat of serious damage will be based on facts and not simply on allegations, conjectures or remote possibilities.