Page 557 - MANUAL OF SOP

Manual of OP for Trade Remedy Investigations

restrictions shall continue to be imposed beyond a period of ten years from the
date on which such restrictions were first imposed.

22.34. Liberalization of safeguard quantitative restrictions: If the
duration of the safeguard quantitative restrictions exceeds one year, the restriction
shall be progressively liberalised at regular intervals during the period of its
imposition.

22.35. Review.(1) The DGTR shall from time to time, review the need for continued
imposition of the safeguard quantitative restrictions and if it is satisfied on the basis
of information received that:

(i) safeguard quantitative restrictions are necessary to prevent or remedy
serious injury and there is evidence that the industry is adjusting positively,
it may recommend to the Central Government for the continued imposition
of quantitative restrictions;
(ii) there is no justification for the continued imposition of such restriction;
recommend to the central Government for its withdrawal;

(iii) where the period of imposition of safeguard quantitative restrictions exceeds
three years, the Investigation Team shall review the situation not later than
the midterm of such imposition with the approval of Authorised Officer and
if appropriate, recommend for withdrawal of such safeguard quantitative
restrictions or for the further liberalisation of quantitative restrictions.

22.36. Any review initiated under sub-rule (1), shall be concluded within a period
not exceeding eight months from the date of initiation of such review or within
such extended period as the Central Government may allow.

QR INVESTIGATION CASES:
22.37. US – Import Restrictions on Yellow fin Tuna (BISD 39S/155) (unadopted)
To reduce the incidental taking of dolphins by yellow fin tuna fisheries, the United
States implemented the Marine Mammal Protection Act of 1972 to ban imports
of yellow fin tuna and their processed products from Mexico and other countries
whose fishing methods result in the incidental taking of dolphins in the Eastern
Tropical Pacific. A GATT panel established pursuant to a request by Mexico in
February 1991 found that the US measures violate the GATT. The panel report
concluded that the US measures violate Article XI as quantitative restrictions and
that such restrictions are not justified by Article XX(b) and (g) because:

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