Escape Clause
The escape clause, which can be invoked under GATT Article XIX, allows
countries to temporarily violate their GATT obligations to the degree and
time necessary to protect a domestic industry from serious injury.
Countries taking such actions, however, must consult with affected
contracting parties to determine appropriate compensation for the violation
of GATT rights, or be subject to retaliatory trade actions.
Section 201 of the Trade Act of 1974 requires the U.S. International Trade
Commission to investigate complaints filed by domestic industries or
workers claiming that they are injured or threatened by rapidly rising
imports.
Section 203 of the Act provides that if the ensuing investigation
establishes that the complaint is valid, relief may be granted in the form
of adjustment assistance, which may be training, technical, and financial
assistance, or temporary import restrictions in the form of tariffs,
quotas, tariff rate quotas, and/or orderly marketing agreements. Import
restrictions imposed under the escape clause authority are limited in
duration. They may last no longer than five years but can be extended by
the President for a three-year period.