Safeguard instruments are emergency measures used by WTO Members to protect against unforeseen import surges that cause, or threaten to cause, serious injury to domestic producers. These instruments must be authorized in accordance with Article XIX of the GATT 1994 and the WTO Safeguard Agreement, and often take the form of duties, or even quantitative restrictions which have a limited duration of time in which they can remain in effect.
JWK has a wealth of experience defending multinational and domestic clients in safeguard investigations and proceedings. The firm works to assist local producers with responding to rapidly increasing import competition by pursuing imposition and maintenance of available safeguard measures or defending exporters and/or governments interested in safeguard proceedings abroad. Examples of products successfully represented by JWK Law Office: OCTG, HRC and Wire Rods.
JWK can assist in all phases of safeguard proceedings including:
- assisting clients in in drafting and filling safeguard petitions;
- assisting clients in filling in the questionnaires in the proceedings;
- assisting clients with verification visits;
- representing clients before public/private hearings;
- advising clients in dealing with various safeguard authorities in Indonesia and abroad;
- preparing submissions on substantiation of safeguard action as well as injury aspects in all stages of safeguards proceedings;
- representing clients for appeals before domestic tribunals, as well as appeals to the WTO in Dispute Settlement Proceedings;
- monitoring and identifying new proceedings and ongoing proceedings that may affect clients' interests.