Regulation on the Special Safeguard Mechanism for Importing a Particular Commodity

Regulation on special safeguard mechanism when importing a special commodity (illustration)

At Article 3 Appendix III on the guidelines for implementing regulations for special goods issued together with Circular 40/2015/TT-BCT, which stipulates the special safeguard mechanism when importing a special commodity as stated in Article 6 Appendix I. To be specific, as follows:

- When a member country determines that the volume of import of a special commodity into its territory is increasing, thereby possibly causing or threatening to cause serious damage to its domestic industry, that member country may independently suspend the application of the regulation for that special commodity for a necessary period to prevent or address that damage or threat of damage to its domestic industry.

- A member country wishing to suspend the application of the regulation for a special commodity must notify the other member country 2 months prior to the commencement of the suspension period and provide the other member country with an opportunity to discuss the suspension.

- The period of suspension of the application of the regulation for a special commodity may be extended, provided that the member country is actively suspending enforcement and determines that such suspension is necessary and should continue to prevent or address damage.

- In emergencies where delays can cause irremediable damage, the suspension of the application of the regulation for a special commodity as stipulated above may be temporarily enacted without requiring a 2-month prior notice to the other member country, provided that such notice is made before the suspension of the regulation for a special commodity comes into effect.

- When a member country has decided to suspend the application of the regulation for a special commodity and complies with the above stipulations, that member country may unilaterally and unconditionally suspend the application for the special commodity, including the following contents:

- No obligation to prove serious damage;- No obligation for prior consultation;- No restrictions on the duration or frequency of the suspension; and- No obligation to provide compensation.

Details can be found at Circular 40/2015/TT-BCT, effective from December 20, 2015.

Ty Na

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