Import safeguards measures

Import safeguards measures are taken by the the Ministry of Trade and Export Development after consulting with the National Foreign Trade Council. They consist of raising customs duties or applying a quantitative restriction or a tariff quota.

This makes it possible to deal exceptionally and urgently with a massive increase in imports of a given product causing serious injury or the threat of serious injury to a domestic industry that locally manufactures a similar or directly competitive product.

In order to be able to take safeguard measures, it is essential to fulfill the following conditions

The existence of injury must always be based on “positive evidence” and involve an “objective examination” of the following elements:

Actual and potential decrease in turnover, profits, production, market share, productivity.

Reduction in the use of production capacity.

Delay in implementing specific production plans

Delay or abandonment of the extension of the planned facilities or the acquisition of additional machinery by local producers

Order losses

Erosion, compression or gradual deterioration of price

Negative effects on cash flow, inventories and wages

Delay in the creation or establishment of an industry in Tunisia even though feasibility studies have been completed as well as equipment acquisition contracts and credit agreements

Decline in employment

Impossibility of achieving planned targets for increased profits, production, staff, sales, etc.

Market share of local producers is growing at a slower pace than the market growth rate

Inability to raise capital for investment

The procedural phases relating to

import safeguards measures

Presentation of a request from a national industry or instruction from the Minister responsible for trade

Notification of admissibility of the file:
Check whether the file is complete or not.

Carry out a preliminary examination: verify the accuracy and adequacy of the evidence provided.

Sufficient evidence and conditions fulfilled therefore opening of an investigation after the opinion of the Ministry of Commerce. Possibility of provisional safeguard measures in critical cases.

Insufficient or inaccurate evidence. Legal conditions not fulfilled. In this case, the file is either classified or sent to another department.

Publication of the decision to initiate an investigation/any provisional measures taken in the J.O.R.T. OMC notification. Sending inquiries to foreign parties

Verification of information provided by foreign parties. Investigative operations with possibility of on-site visits and hearings

Institution of safeguards measures, Notification of the OMC, Publication in J.O.R.T, Monitoring of the application of the measures taken

Termination of the investigation in case of insufficient evidence concerning increased imports and their harmful effects on local production

Notification of the OMC, Publication in the J.O.R.T