New Zealand Legislation: Bills

13 Decision to impose Imposition of provisional safeguard duty

• (1) After the Minister has initiated a safeguard investigation under section 7(1), the Minister may impose order that a provisional safeguard duty be imposed on imported goods if the Minister is satisfied that there are reasonable grounds to believe that—

  • (a) a delay in imposing a safeguard measure duty would cause damage that would be difficult to repair; and

  • (b) increased imports are causing serious injury or a threat of serious injury.

  (2) The Minister must notify the decision to impose a provisional safeguard duty.

  (3) A decision to impose a provisional safeguard duty—

  • (a) is a regulation for the purposes of the Regulations (Disallowance) Act 1989 and must be presented to the House of Representatives not later than 16 sitting days after the day on which it is made; but

  • (b) is not a regulation for the purposes of the Acts and Regulations Publication Act 1989.

  (2) The Minister may exempt imported goods from certain exporting countries from a provisional safeguard duty at any time, including after the duty has been imposed, if the Minister is satisfied that an exemption—

  • (a) is necessary to comply with New Zealand’s international obligations as a party to the WTO Agreement or otherwise; or

  • (b) will further New Zealand's international relations or trade goals.

  (3) An order under subsection (1) and an exemption under subsection (2) are regulations for the purposes of the Regulations (Disallowance) Act 1989.