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Escape Clause

15/11/17 Escape Clause

Agencia de traducción Buenos Aires

The escape clause provides domestic companies some relief from imports even without unfair trade practices. A domestic industry may obtain relief when an article is being imported in quantities that will be the substantial cause of at least the threat of serious injury to a domestic industry that produces a competitive product.
Under the escape clause, the affected industry first files a petition with the International Trade Commission (ITC). The ITC considers factors such as unemployment in the domestic industry, lost market share, and shutdown of producing capacity, among others. The ITC reports its findings to the president, who may increase duties, establish import quotas, or negotiate agreements with foreign nations to reduce the harm to the domestic industry. The president may also expedite readjustment assistance to workers in the affected domestic industry.


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