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Primary Text
Initiation of Action Involving General Safeguard Measure. Any person, whether natural or juridical, belonging to or representing a domestic industry may file with the secretary a verified petition requesting that action be taken to remedy the serious injury or prevent the threat thereof to the domestic industry caused by in creased imports of the product under consideration.
The petition shall include documentary evidence supporting the facts that are essential to establish:
1. An increase in import of like or directly competitive products;
2. The existence of serious injury or threat thereof to the domestic industry ; and
3. The causal link between the increased imports of the product under consideration and the serious injury or threat thereof.
The sectary shall review the accuracy and adequacy of the evidence adduced in the petition to determine the existence of a prima facie case that will justify the initiation of a preliminary investigation within five (5) day from receipt of the petition
The Sectary may also initiate action upon the request of the President; or resolution of the House or Sale Committee On Agriculture, or house Or Senate Committee on Trade and Commerce.
In the absence of such a petition, the Secretary may, motu proprio, initiate a preliminary safeguard investigation if there is evidence that increased imports of the product under consideration are a substantial cause of the threatening to substantially cause, serious injury to the domestic industry.
The Secretary may extend legal, technical and other assistance to the concerned domestic producer and their organization at all stages of the safeguard action
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