./.WORLD TRADE
ORGANIZATIONG/SG/N/1/BGD/1
17 September 2002
(02-4938)
Committee on Safeguards Original:  English
NOTIFICATION OF LAWS, REGULATIONS AND ADMINISTRATIVE
PROCEDURES RELATING TO SAFEGUARD MEASURES
BANGLADESH
The following communication, dated 9 September 2002, has been received from the
Permanent Mission of Bangladesh.
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GOVERNMENT OF THE PEOPLE'S REPUBLIC OF BANGLADESH
MINISTRY OF LAW, JUSTICE AND PARLIAMENTARY AFFAIRS
THE CUSTOMS ACT, 1969
(ACT IV of 1969)
[As modified up to 1 July 2000]
[18E.  Imposition of safeguard duty . – (1)  If the Government after conducting such enquiry as it
deems fit, is satisfied that any article is being imported into Bangladesh in such increased quantities
and under such conditions that such importation may cause or threaten to cause serious injury todomestic industry, it may, by notification in the official Gazette, impose a safeguard duty on that
article.
Provided that the Government, may, by notification in the official Gazette, exempt any goods
from the whole or any part of safeguard duty leviable thereon, subject to such conditions, limitationsor restrictions as it thinks fit to impose.
(2)  The Government, may, pending the determination under sub-section (1) of the injury or threat
thereof, impose a provisional safeguard duty on the basis of a preliminary determination in the
prescribed manner that increased imports have caused or threatened to cause serious injury to adomestic industry:
Provided that where, on final determination, the Government is of the opinion that increased
imports have not caused or threatened to cause serious injury to a domestic industry, it shall refund
the duty so collected:G/SG/N/1/BGD/1
Page 2
Provided further that the provisional safeguard duty shall not remain in force for more than
two hundred days from the date on which it was imposed.
(3) The duty chargeable under this section shall be in addition to any other duty imposed under
this Act or under any other law for the time being in force.
(4) The duty imposed under this section shall, unless revoked earlier, cease to have effect on the
expiry of four years from the date of such imposition:
Provided that if the Government is of the opinion that the domestic industry has taken
measures to adjust to such injury or threat thereof and it is necessary that the safeguard duty should
continue to be imposed, it may extend the period of such imposition:
Provided further that in no case the safeguard duty shall continue to be imposed beyond a
period of ten years from the date on which such duty was first imposed.
(5) The Government may, by notification in the official Gazette, make rules for the purposes of
this section, and without prejudice to the generality of the foregoing, such rules may provide for the
manner in which articles liable for safeguard duty may be identified and for the manner in which the
causes of serious injury or causes of threat of serious injury in relation to such articles may be
determined and for the assessment and collection of such safeguard duty.
(6) For the purposes of this section, -
(a) a "domestic industry" means the producers –
(i) as a whole of the like article or a directly competitive article in Bangladesh;  or(ii) whose collective output of the like article or a directly competitive article in
Bangladesh constitutes a major share of the total production of the said article
in Bangladesh;
(b) "serious injury" means an injury causing significant overall impairment in the
position of a domestic industry;
(c) "threat of serious injury" means a clear and imminent danger of serious injury.]
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