| 10.1 | The Commission's evaluation of applications and its findings in investigations are based on a case-by-case approach and are informed by the industrial policy and economic objectives of government. Tariff amendments, in the form of the reduction or increase in the rate of a customs duty or the creation, amendment or removal of rebate or drawback provisions, are also conditional on a commitment by beneficiaries on how they will perform against government's set policy objectives, including plans to increase production, investment and employment. |
| 10.2 | In evaluating applications and making findings in investigations, the Commission may consider, as applicable, the following factors as these relate to the product that is the subject of the investigation: |
| (a) | the domestic industry's production capacity and potential; |
| (b) | employment, including considerations of labour intensity and labour demographics of the relevant industrial sector; |
| (d) | price differentials between the domestically manufactured product and the imported product; |
| (f) | import and export data; |
| (g) | demand and supply conditions; |
| (h) | the financial state of the domestic industry, including profitability and return on investment ratios; |
| (i) | price and cost structures; |
| (j) | the rate of effective protection; and |
| (k) | the availability of a domestically manufactured identical or substitute product. |
This list of factors is not exhaustive. The Commission will decide the relative weight to be given to any one factor on a case-by-case basis.
