U.S. industries that are suffering from competition with rapidly increasing imports of competing products may obtain temporary help from the U.S. government even in those instances when the imported products are not being dumped or subsidized.  Such temporary “escape clause” or “safeguard” relief is available under Sections 201 and 406 of the Trade Act of 1974, which authorize the President to grant temporary relief to U.S. industries that are suffering serious injury as a result of increased imports of competing products.  The relief may take numerous forms, including direct financial aid or increased tariffs or quotas on imported articles.  These provisions are intended to provide temporary protection to a U.S. industry while the industry makes a positive adjustment to increased import competition.

deKieffer & Horgan, PLLC has extensive experience in representing companies in such safeguard actions, including the safeguard action imposed by the U.S. government on imported steel products in 2000.

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