Section 7Sec./Art. 7

Preliminary Determination-Not later than thirty (30) days from receipt of the petition or a motu proprio initiation of the preliminary safeguard investigation. The Secretary shall on the basic of the evidence and submission of the interested parties, make a preliminary determination that increased imports of the product under consideration are a substantial cause of or threaten to substantially cause, serious in jury to the domestic industry In the process of conducting a preliminary determination the Secretary shall notify the interested parties and shall require them to submit their answer within five (5) working days from receipt of such notice .

The notice shall be deemed received five (5) working days from the date of transmittal to the respondent or appropriate diplomatic representative of the country of exportation or origin of the imported product under consideration.

When information is not applied within the above time limit set by the Secretary or if the investigation is significantly impeded, decision will be based on the facts derived from the evidence at hand.

Upon a positive preliminary determination that increased importation of the product under consideration is a substantial cause of, or threatens to substantially cause serious injury to the domestic industry the secretary shall without delay transmit its records to the Commission for immediate formal investigation.