WORLD TRADE  
ORGANIZATION  G/SG/N/1/THA/3 
27 August 2009 
 (09-4032) 
Committee on Safeguards Original:   English 
  
 
NOTIFICATION OF LAWS, REGULATIONS AND 
ADMINISTRATIVE PROCEDURES RELATING 
TO SAFEGUARD MEASURES 
 
THAILAND 
 
  The following communication, dated 24 August 2009,  is being circulated at the request of the 
Delegation of Thailand.  
_______________ 
 
  In accordance with Article 12.6 of the Agreem ent on Safeguards and the relevant decision of 
the Committee on Safeguards in document G/SG/N /1, Thailand hereby notifies its laws and 
regulations pertaining to the Agreement on Safeguard s.  As such, please find a ttached an unofficial 
translation of The Safeguard Measures on  Increased Imports Act B.E. 2550 (2007).
1 
                                                      
1 B.E. stands for Buddhist Era.  There is a difference of 543 years between a B.E. year and an A.D. or 
C.E. ( Anno Domini  ("Year of the Lord") or Christian Era) year; hence, as noted in parentheses, B.E. 2550 is the 
equivalent of A.D. or C.E. 2007. G/SG/N/1/THA/3 
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(Unofficial translation) 
 
The Safeguard Measures on Increased Imports Act 
B.E. 2550 (2007) 
 
 
BHUMIBOL ADULYADEJ REX 
 
Given on the 29
th day of December B.E. 2550 (2007), 
Being the 62nd year of the Present Reign 
 
 His Majesty King Bhumibol Adulyadej is  graciously pleased to proclaim that: 
  Whereas it is expedient to enact a law regard ing the safeguard measures on increased imports, 
 
 This Act contains certain provisions relating the restriction of the rights and liberty of 
individuals which Section 29 and Section 43 of  the Constitution of the Kingdom of Thailand so 
permit by virtue of the provisions of law.   Be it, therefore, enacted by the King, by and with the advice and consent of the National 
Legislative Assembly, as follows: 
  Section 1  This Act shall be called "The  Safeguard Measures on Increased Imports Act 
B.E. 2550 (2007)". 
 
 Section 2  This Act shall come into force after ninety days of its publication in the 
Royal Gazette. 
  Section 3  In this Act   "Safeguard measures" means the measures app lied to prevent and remedy injury caused by 
the increased imports. 
  "Increased imports" means the imports of any ty pe of products into the kingdom in such 
increased quantities, either absolute or relative to domestic production. 
 
 "Injury" means 
  (1)  Serious injury to a domestic industry th at is a significant overall impairment in the 
position of a domestic industry, or   (2)  Threat of serious injury that is clearly imminent to the domestic industry. 
 
 "Domestic industry" means the producers who produce the like products within the territory 
or those whose collective output of the like or directly competitive products constitutes a major proportion of the total domestic  production of those products. 
 
 "Like products" means products which are identical or highly similar features to the increased 
import products as well as the directly competitive products of the increased imports.   "Interested parties" means  G/SG/N/1/THA/3 
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   (1)  Overseas producers or exporters of the increased import products, importers of the 
increased import products, trade associations whose ma jority members are the producers, exporters, or 
importers of the increased import products as a case maybe.   (2)  Governments of the exporting countries of the increased import products. 
 
 (3)  Local producers of the like products or trade associations whose majority members are the producers of such products.   (4)  Other parties as specified in the notifi cation issued by the Minister of Commerce. 
 
 "Developing country" means the country whose name is specified on the United Nations' list 
of developing countries.   "The Committee" means the committee establis hed to determine the safeguard measures. 
 
 Section 4  The Minister of Commerce and th e Minister of Finance shall be responsible 
in accordance to this Act and is herewith authorized  to issue ministerial regulations and notifications 
to maintain compliance with this Act.   Such ministerial regulations and notifications  shall come into force upon their publication in 
the Royal Gazette. 
 
Chapter 1 
 
The Committee 
 
 Section 5  There shall be a committee called "The Committee on Safeguard Measures" 
comprised of the Minister of Commerce who serves as The Chairman, the Permanent Secretary of the 
Ministry of Commerce and a representative from the Ministry of Finance, a representative from the 
Ministry of Foreign Affairs, a representative fro m the Ministry of Agriculture and Cooperatives, a 
representative from the Ministry of Industry, a representative from the Ministry of Labour, and a 
representative from the Office of the Consumer Protection Board and seven experts appointed by the 
Cabinet of Ministers as the Committee members.  The Director-General of the Department of Foreign 
Trade shall be a Committee member and serve as the secretary of the Committee.   The Director-General of the Department of Foreign Trade shall appoint official(s) of the 
Department of Foreign Trade as the Committee's assistant secretary. 
  In the light of appointing the Committee's e xpert members pursuant to the first paragraph, 
each member shall be an expert in  the specific field of international trade, international economics, 
accounting and finance/fiscal, international tr ade laws, agriculture, industry and business 
administration. 
 
 Section 6  The Committee shall have  the following powers and functions: 
  (1)  Determine the safeguard measures under this Act.  (2)  Determine the compensations under Section 39. 
 (3)  Advise on the issuance of the minist erial regulations and notifications for the 
implementation of this Act. 
 (4)  Appoint the sub-committees.  (5)  Exercise any other functions as stipulated in this Act or as assigned by the Cabinet.  G/SG/N/1/THA/3 
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   Section 7  The Committee's expert members sh all be appointed for a term of three years 
and may be re-appointed, but shall not remain in office more than two consecutive terms. 
  Upon completion of their terms pursuant to the first paragraph, the Committee's expert 
members shall remain in their offices until the newly appointed members assume their offices. 
 
 Section 8  Aside from leaving the position at the end of their terms, the Committee's expert members shall vacate the office upon:   (1)  Death. 
 (2)  Resignation. 
 (3)  Being removed from office by the Cabinet on the ground of flawed conducts, 
negligence, dishonesty or incapability. 
 (4)  Becoming bankrupt.  (5)  Becoming incompetent or quasi-incompetent. 
 (6)  Being sentenced to an imprisonment term by a court's final judgment regardless of the 
imprisonment term deferment, except when such imprisonment is deferred for reason 
of a negligent or petty offence or a defamation offence. 
  Section 9  When a Committee's expert memb er vacates the office before the term ends, 
a replacement must be promptly appointed, unless the re maining period of the term is less than ninety 
days, in which case a replacement may be left vacant. 
  The Committee's expert member who is appoi nted as a replacement pursuant to the first 
paragraph shall hold the office for the remaini ng period of the replaced member's term. 
 
 Section 10  A meeting of the Committee shall require a quorum of not less than one half 
of the total number of the Committee members.  If th e chairman is not present at any meeting or is not 
able to perform the duty, the present members shall select one among themselves to act as the 
chairman of that meeting.   The final decision of a meeting shall be reached by a majority of votes.  Each member shall 
have one vote, In the event of a tie vote, the ch airman of the meeting shall have the casting vote. 
  A Committee member who holds interest to an agenda shall refrain from attending the 
meeting of such agenda.  
 Any conflicting opinions in the meeting and their reasons shall be noted in the minute of the 
meeting.  A Committee member may request that hi s or her conflicting opinio ns be included in the 
meeting's determination as well.   Section 11  In consideration of its functi ons, the Sub-committee shall have the power to 
perform any operation as assigned by the Committee. 
 
 Section 12  Section 10 shall be a pplied to the Sub-committee's meeting mutatis mutandis .  G/SG/N/1/THA/3 
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Chapter 2 
 
Determination of Safeguard Measures 
 
 
Part 1 
Initiation of the Determination Process 
 
 Section 13  Producers of the like products unde r the production criteria stipulated by the 
Ministry of Commerce's notifications or produ cers of the like products under support from other 
producers of the like products whose collective output me ets the criteria stipulated by the Ministry of 
Commerce's notifications shall have the rights to petition the Committee to determine safeguard 
measure application if increased imports and injury to the domestic industry have been perceived.  
The petition shall be submitted to the Department of  Foreign Trade with evidence and information on 
the increased imports and injury to the domestic industry. 
  Submission of the petition pursuant to the first paragraph shall be in accordance with the criteria, procedures, and conditions stipulated in the Ministry of Commerce's notifications. 
  Where the Department of Foreign Trade deems the petition comprises of complete and correct 
information and evidence, the Department of Fore ign Trade shall submit the petition to the Committee 
for determination.   Section 14  Where the Department of Foreign Trade deems evidence of the increased imports and injury to the domestic industry is va lid, the Department of Fo reign Trade shall submit a 
petition to the Committee for determination. 
  Section 15  Upon the determination of the submitted petition pursuant to Section 13 or 
Section 14, if the Committee found the increased im ports and injury to the domestic industry, the 
Department of Foreign Trade shall carry  out the investigation without delay. 
 
 If upon determination, the Committee finds no ev idence of increased imports or injury to the 
domestic industry, the Department of Foreign Trad e shall notify the Committee's determination to the 
petitioner without delay.  
Part 2 
Injuries 
 
 Section 16  In determining whether increased imports have caused injury to the domestic 
industry, all relevant factors shall be  taken into consideration including, inter alia , the following 
factors:  
 (1)  The rate and amount of the increased imports 
 (2)  The share of the domestic market taken by the increased imports  (3)  Changes in the level of sales  (4)  Changes in the level of production  (5)  Changes in the level of productivity 
 (6)  Changes in the level of capacity utilization 
 (7)  Changes in the level of profits and losses  (8)  Changes in the level of employment  G/SG/N/1/THA/3 
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   In determination of the injury pursuant to the first paragraph, the evidence should clearly 
demonstrate that the injury is caused by the increas ed imports.  When the factors other than increased 
imports are causing injury to the domestic industr y at the same time, such  injury shall not be 
attributed to the increased imports.  
 The determination of injury pursuant to the first paragraph shall be in accordance with the 
criteria, procedures, and conditions stip ulated by the ministerial regulations. 
  Section 17  In determination of threat of serious injury to the domestic industry, the 
factors laid down in the first paragraph of Section 16 shall, inter alia , be taken into account.  Such 
determination shall be based on facts rather than  on accusations, speculations, any other conjectures 
or remote possibilities.  
Part 3 
Investigation 
 
 Section 18  In determining the safeguard measures, the Department of Foreign Trade 
shall have the authority to examine the increased im ports and the injury thereof.  The investigation 
shall begin with a notification of the said investigati on in an official journal or any other appropriate 
means for public information.  
 The Department of Foreign Trade shall notif y the initiation of the investigation to the 
petitioners and the interested parties.   Criteria for the investigation notification pursuan t to the first paragraph shall be in accordance 
with the notifications by the Departme nt of Foreign Trade and shall include, inter alia , the following 
details: 
  (1)  Imports of the product under consideration,  (2)  Date of initiation, and  (3)  Preliminary information on the in creased imports and the injury thereof. 
 
 Section 19  During the course of the investiga tion, the Department of Foreign Trade shall 
provide the opportunity for the importers, exporters, and other interested parties to present their 
supporting evidences, documents, and opinions on the petition as to, inter alia , whether or not the 
application of a safeguard measure would be in the public interest. 
 
 The submission of evidence and document pursu ant to the first paragraph shall be in 
accordance with the criteria, procedures, and conditi ons stipulated in by the notifications of the 
Ministry of Commerce.   Section 20  Upon completion of the investigation into the increased imports and injury, the Department of Foreign Trade shall summari ze the findings and submit its opinions to the 
Committee for determination. 
  Section 21  Any information, which is by nature confidential or which is provided on a 
confidential basis, shall be treated as confidential unless otherwise approved by the provider.  In such 
case the Department of Foreign Trade may request the provider of the information to provide a brief 
non-confidential summary of the information.  If th e provider of the information is unable to do so, 
the reasons for such failure shall be provided.   In the case where the Department of Foreign Tr ade deems a request to keep the information 
confidential to have insufficient ground, and that  the information provider refuses to have such  G/SG/N/1/THA/3 
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  information revealed or publicized, either in ge neralized or summarized form, the Department of 
Foreign Trade may disregard such information unless it can be verified to its satisfaction. 
 
Part 4 
Determination of Provisional Safeguard Measures 
 
 Section 22  Where the Department of Fore ign Trade has considered the preliminary 
information and found that the increased import has ca used injury to the domestic industry or that the 
injury is imminent to such an extent that any delay would cause damage which would be difficult to 
repair, the Department shall submit the case to the Committee for determination on provisional 
safeguard measures. 
  Section 23  If the Committee deems it is necessary to impose provisional safeguard measures, the Committee shall issue a notification imposing provisional tariff rates as the Committee 
deems appropriate. 
 
 The provisional tariff to be imposed pursuant to  the first paragraph shall be considered as an 
additional import tariff to the regular tariff stipulat ed by the tariff schedules or by the notifications 
issued by virtue of the existing tariff laws at the time of such import.  The provisions of the Customs 
Law and the Tariff Schedule Law shall apply to th e provisional tariff in the same way as the general 
import tariff governed by such laws.  The Customs Department shall collect and secure the collected 
provisional tariff for implementation under Sectio n 24 until the cause for such implementation is 
terminated.   The provisional tariff shall be imposed for a period not exceeding 200 days from the day after 
the notification on such tariff is published in the Royal Gazette. 
 
Part 5 
Termination of Safeguard Measures Determination 
 
 Section 24  Where the Committee has reached  the final determination that neither 
increased imports nor injuries are in existence, th e determination on the safeguard measures shall be 
terminated.  The Department of Foreign Trade sh all notify the petitioner and the final decision shall 
be publicized.   In case the provisional tariffs under Section 23 have been collected, such tariffs shall be 
refunded without delay. 
 
 The criteria and procedures of the refund of the provisional tariffs shall be in accordance with 
the provisions of the relevant Customs laws and regulations. 
 
Part 6 
Duration of Safeguard Measures Determination 
 
 Section 25  The period from the initiation of the investigation on safeguard measures to 
the Committee's final determination to impose or  terminate the safeguard proceeding, where no 
increased import or injury exist, shall not exceed tw o hundreds and seventy days from the date of the 
initiation.  If necessary, this period may be extended for no more than ninety days. G/SG/N/1/THA/3 
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Chapter 3 
 
Determination and Implementation of Safeguard Measures 
 
 Section 26  In the case where the Committee has reached a final determination that the 
increased import and injuries have taken place, safeguard measures shall be imposed under the 
provisions of this Chapter.  Any one or more of the following safeguard measures may be imposed: 
  (1)  Collection of import tariffs at the determined rates, 
 (2)  Quantitative import restrictions, or 
 (3)  Any measure other than (1) and (2) that sh all, in effect, reduce or restrict the volume 
of imported products in order to allow th e producers of the like products or the 
domestic industry the opportunity to implement the adjustment plans as deemed appropriate by the Committee. 
 
 Section 27  Under the provisions of Chapter 7, the imposed safeguard measures shall be 
enforced on the increased import regardless of its source.  Such safeguard measures shall apply as 
necessary to prevent or remedy the injuries in orde r to allow the producers of the like products or the 
domestic industry the adjustment period.  
 Section 28  When import tariffs is imposed, su ch tariffs shall be considered additional to 
the tariffs collected under the current customs tariff rate or under the notification on tariff rates issued 
by the existing customs tariff laws at the time of  the import.  The provisions of the customs and 
customs tariff laws shall be similarly applied to the imposed tariffs as the normal import tariffs. 
 
 Section 29  When a quantitative import restriction is imposed, such a measure shall not 
reduce the quantity of the imports below the level of  a recent period, unless clear justification is given 
that such level is necessary to prevent or remedy the injury. 
  Determination of the import quantitative level pursuant to the first paragraph shall be in 
accordance with the criteria and procedures notified by the Ministry of Commerce. 
 
 Section 30  When import quota is imposed, the Committee may assign the Department of Foreign Trade to negotiate the allocation of sh ares in the quota with major exporting countries. 
  In cases in which no agreement regarding quota allocation pursuant to the first paragraph can 
be reached, shares in the quota shall be allotte d to exporting countries based upon the proportions of 
the total quantity or values of imports of the pr oduct imported during a previous representative period. 
Due account shall be taken of any special factors wh ich may be affecting the trade in the product. 
  During the application of any safeguard measu res pursuant to the first paragraph, no such 
products shall be imported unless an import certificate issued by the Department of Foreign Trade can 
be produced to the customs officials. 
  The import certificate pursuant to the third para graph shall comply with the format specified 
by the Department of Foreign Trade.  
 Section 31  In cases where the injury to the domestic industry and the quantity of imports 
from certain countries has increased disproportionately in relation to the total increase of imports of 
the product concerned, the Committee may impose any criteria for import quota allocation as deems 
appropriate without regards to the criteria under S ection 30.  Nevertheless, prior consultation with 
major exporting countries must be sought under the auspices of the WTO's Committee on Safeguards  G/SG/N/1/THA/3 
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  to whom a clear demonstration that imports from cer tain countries have increased in disproportionate 
level to the total increase of imports of the produc t concerned, the justifie d reasons for a departure 
from the provision in Section 30, and the assigned quot a allocations in such cases are equitable to all 
exporters.  
 The duration of the import quota allocation pursu ant to the first paragraph shall not exceed 
four years.   Section 32  Safeguard measures shall not be  applied against a product originating in a 
developing country if its share of imports does not exceed three per cent (3%) of total imports of the 
product concerned, provided that the developing countries with less than three per cent (3%) import 
share collectively account for not more than nine per cent (9%) of total imports of the product concerned.  
Chapter 4 
 
Duration and Review of Safeguard Measures 
 
 Section 33  Subject to the second paragraph of Section 31 and Section 36, the imposed 
safeguard measures shall be applied only for such period of time as may be necessary that shall not 
exceed four years from the date of application. 
 
 Section 34  In a case where the expected duration of a safeguard measure is over one 
year, the safeguard measure shall be progressively liberalized.   Section 35  In a case where the expected duration of a safeguard measure exceeds three 
years, the Committee shall review the situation not later than the mid-term of the measure. 
  Section 36  When the Committee deems appr opriate or when a petition is submitted by 
producers of like products or by re lated domestic industry within the period specified by the Ministry 
of Commerce, and that there is evidence that the dom estic industry is adjusting, the effective period of 
the safeguard measure may be extended.  However,  the total period of application of a safeguard 
measure including the period of initial applica tion, any extension thereof, and any provisional 
measure shall not exceed ten years.  The provisions in Parts 2, 3, 5 and 6 of Ch apters 2 and 3 shall be 
applied to the determination on the exte nded period of the safeguard measure mutatis mutandis . 
  Section 37  The safeguard measure exte nded under Section 36 shall not be more 
restrictive than the existing measure at  the time of the extension request. 
  Section 38  In a case where the application of the safeguard measure has expired, no 
safeguard measure shall be applied again to the impo rt of a product which has been subject to such a 
measure, unless a period of more than half of the dur ation of the application of  the previous safeguard 
measure has elapsed, provided that such period is at least two years. 
 
 Any safeguard measure with a duration of 180 days or less may be applied again to the import of a product if at least one year has elapsed since th e date of introduction of the measure, and if such 
as a safeguard measure has not been applied on the same product more than twice in the five year 
period immediately preceding the date  of introduction of the measure. G/SG/N/1/THA/3 
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Chapter 5 
 
Impacts of Safeguard Measures 
  Section 39  In a case where the compensation agreement is required due to a safeguard 
measure has been applied or extended for more th an three years, the Co mmittee shall determine a 
compensation based upon their rights to maintain a su bstantially equivalent le vel of concessions and 
other obligations to that existing under the Ge neral Agreement on Tariffs and Trade 1994 with the 
approval of the Cabinet. 
 
Chapter 6 
 
Notification of the Determination 
  Section 40  When a final decision has been  reached to terminate, impose or extend a 
safeguard measure, the Department of Foreign Tr ade shall promptly notify the decision and its 
relevant details to the public.   Notification of the Committee's final decision pursu ant to the first paragraph shall be issued in 
accordance with the criteria, procedures, and cond itions specified by the ministerial regulations. 
 
Chapter 7 
 
Safeguard measures under the In ternational Trade Agreements 
 
 Section 41  When the safeguard measures speci fied by an international agreement that 
Thailand has entered into as a member differ from t hose specified in this Act on the basis of their 
determination, investigation, app lication, duration of application a nd provisional application, review 
or any other requirements, any implementation in terms of procedures and conditions shall be in 
accordance with the obligations th at Thailand has committed to und er each specific agreement. 
 
Transitory Provisions 
 
 Section 42  All determination and applica tion of the safeguard measures being processed 
under the existing The Ministry of Commerce No tification on Safeguard Measures on Increased 
Imports B.E. 2542 (1999), issued by virtue of the Export and Import Act B.E. 2522 (1979) prior to the 
effective date of this Act, shall be governed by the provisions of this Act. 
  All determinations that have been in pro cess under the abovementioned notification shall be 
in effect under this Act to the exte nt that they are not conflicting or contradictory to the provisions of 
this Act.  
 Countersigned by 
       General Surayud Chulanont                Prime Minister  
 
 
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