Agricultural Safeguard Measures. 1. Notwithstanding Article 2.3 (Tariff Elimination), a Party may apply a measure in the form of an additional duty on an originating agricultural good listed in that Party’s Schedule to Annex 3-A (Agricultural Safeguard Measures), provided that the conditions in paragraphs 2 through 5 are met. The sum of any such additional duty and any other customs duty on such good shall not exceed the lesser of:
(a) the prevailing most-favored-nation (“MFN”) applied rate of duty; or
(b) the MFN applied rate of duty in effect on the day immediately preceding the date of entry into force of this Agreement.
2. The additional duty under paragraph 1 shall be set according to each Party’s Schedule to Annex 3-A.
3. Neither Party may apply or maintain an agricultural safeguard measure and at the same time apply or maintain, with respect to the same good:
(a) a safeguard measure under Chapter Eight (Safeguards); or
(b) a measure under Article XIX of GATT 1994 and the Safeguards Agreement.
4. Neither Party may apply or maintain an agricultural safeguard measure on a good:
(a) on or after the date that the good is subject to duty-free treatment under the Party’s Schedule to Annex IV (Tariff Elimination), except as otherwise provided in Annex 3-A; or
(b) that increases the in-quota duty on a good that is subject to a TRQ.
5. A Party shall implement an agricultural safeguard measure in a transparent manner. Within 60 days after applying a measure, the Party applying the measure shall notify the Party whose good is subject to the measure, in writing, and shall provide it relevant data concerning the measure. On request, the Party applying the measure shall consult with the Party whose good is subject to the measure regarding the application of the measure.
6. The operation of this Article may be the subject of discussion and review in the Joint Committee or any subcommittee on agriculture established pursuant to Article 19.2 (Joint Committee).
Agricultural Safeguard Measures. General Notes
Agricultural Safeguard Measures. 1. A Party may apply a measure in the form of a higher import duty on an originating agricultural good listed in its Schedule included in Annex 3, consistent with paragraphs 2 through 8, if the aggregate volume of imports of that good in any year exceeds a trigger level as set out in its Schedule included in Annex 3.
2. The duty under paragraph 1 shall not exceed the lesser of the prevailing MFN applied rate, or the MFN applied rate of duty in effect on the day immediately preceding the date this Agreement enters into force, or the tariff rate set out in its Schedule included in Annex 3.
3. The duties each Party applies under paragraph 1 shall be set according to its Schedules included in Annex 3.
4. Neither Party may apply or maintain an agricultural safeguard measure under this Article and at the same time apply or maintain with respect to the same good:
(a) a bilateral safeguard measure in accordance with Article 3.1;
(b) a measure under Article XIX of GATT 1994 and the Agreement on Safeguards; or
(c) a special safeguard measure under Article 5 of the Agreement on Agriculture.
5. A Party shall implement any agricultural safeguard measure in a transparent manner. Within 60 days after imposing an agricultural safeguard measure, the Party applying the measure shall notify the other Party in writing and provide the other Party with relevant data concerning the measure. On the written request of the exporting Party, the Parties shall consult regarding the application of the measure.
6. The implementation and operation of this Article may be the subject of discussion and review in the Committee on Trade in Goods referred to in Article 2.16 (Committee on Trade in Goods).
7. Neither Party may apply or maintain an agricultural safeguard measure on an originating agricultural good:
(a) if the period specified in the agricultural safeguard provisions of its Schedule included in Annex 3 has expired; or
(b) if the measure increases the in-quota duty on a good subject to a TRQ set out in Appendix 2-A-1 of its Schedule included in Annex 2-A (Elimination of Customs Duties).
8. Any supplies of the goods in question which were en route on the basis of a contract made before the additional duty is imposed under paragraphs 1 through 4 shall be exempted from any such additional duty, provided that they may be counted in the volume of imports of the goods in question during the following year for the purpose of triggering paragraph 1 in that year.
Agricultural Safeguard Measures. 1. Safeguard measures on agricultural products shall be taken pursuant to the conditions laid down in paragraph 1 of Article 19.
2. A measure shall not be taken for a period exceeding one year and may consist in either of the following:
(a) an increase of the import duty on the product in question to a level not higher than the MFN applied rate of duty on the product in effect at the time the measure is taken; or
(b) the introduction of a tariff quota for preferential trade, based on historical trade volumes for the five preceding years, excluding the import surge volumes that necessitated the introduction of the safeguard measure.
3. Before taking a safeguard measure, a Party shall notify the other Parties in writing of the measure to be taken. Within 60 days after notification, the notifying Party shall provide all relevant information concerning the safeguard measure. On request, that Party shall consult with the affected Party or Parties with respect of the conditions of application of the measure.
Agricultural Safeguard Measures. 1. Notwithstanding Article 2.3, a Party may apply a measure in the form of a higher import duty on an originating agricultural good listed in that Party's Schedule set out in Annex 2-B, consistent with this Article, if the aggregate volume of imports of that good in any year exceeds a trigger level as set out in its Schedule included in Annex 2-B.
2. The higher import duty under paragraph 1 shall not exceed the lesser of:
(a) the prevailing MFN applied rate; (b) the MFN applied rate of duty in effect on the day immediately preceding the date of entry into force of this Agreement; or (c) the duty rate set out in its Schedule included in Annex 2-B.
3. Neither Party shall apply or maintain an agricultural safeguard measure under this Article and at the same time apply or maintain, with respect to the same good: (a) a bilateral safeguard measure under Chapter 7 (Trade Remedies); or (b) a measure under Article XIX of the GATT 1994 and the Safeguards Agreement 4. A Party shall implement any agricultural safeguard measure in a transparent manner. Within 60 days after imposing an agricultural safeguard measure, the Party applying the measure shall notify the other Party in writing and provide the other Party with relevant data concerning the measure. Upon written request of the exporting Party, the Parties shall consult regarding the application of the measure. 5. The Committee on Trade in Goods established under Article 2.16 may review and discuss the implementation and operation of this Article.
Agricultural Safeguard Measures. 1. Notwithstanding Article 3.3(2), each Party may impose a safeguard measure in the form of additional import duties, consistent with paragraphs 2 through 7, on an originating agricultural good listed in its section of Annex 3.18. The sum of any such additional duty and any import duties or other charges applied pursuant to Article 3.3(2) shall not exceed the lesser of:
(a) the prevailing most-favored-nation (MFN) applied rate; or
(b) the MFN applied rate of duty in effect on the day immediately preceding the date of entry into force of this Agreement.
2. A Party may impose a safeguard measure only if the unit import price of the good enters the Party’s customs territory at a level below a trigger price for that good as set out in that Party’s section of Annex 3.18.
(a) The unit import price shall be determined on the basis of the C.I.F. import price of the good in U.S. dollars for goods entering Chile, and on the basis of the F.O.B. import price of the good in U.S. dollars for goods entering the United States.
(b) The trigger prices for the goods eligible for a safeguard measure, which reflect historic unit import values for the products concerned, are listed in Annex 3.18. The Parties may mutually agree to periodically evaluate and update the trigger prices.
3. The additional duties under paragraph 2 shall be set in accordance with the following schedule:
(a) if the difference between the unit import price of the item expressed in terms of domestic currency (the “import price”) and the trigger price as defined under paragraph 2(b) is less than or equal to 10 percent of the trigger price, no additional duty shall be imposed;
(b) if the difference between the import price and the trigger price is greater than 10 percent but less than or equal to 40 percent of the trigger price, the additional duty shall equal 30 percent of the difference between the MFN rate applicable under paragraph 1 and the preferential tariff rate;
(c) if the difference between the import price and the trigger price is greater than 40 percent but less than or equal to 60 percent of the trigger price, the additional duty shall equal 50 percent of the difference between the MFN rate applicable under paragraph 1 and the preferential tariff rate;
(d) if the difference between the import price and the trigger price is greater than 60 percent but less than or equal to 75 percent, the additional duty shall equal 70 percent of the difference between the MFN rate applicable under paragraph 1 a...
Agricultural Safeguard Measures. 1. Notwithstanding Article 3.3(2), each Party may impose a safeguard measure in the form of additional import duties, consistent with paragraphs 2 through 7, on an originating agricultural good listed in its section of Annex 3.18. The sum of any such additional duty and any import duties or other charges applied pursuant to Article 3.3
Agricultural Safeguard Measures. General Notes
1. For each good listed in a Party’s Schedule to this Annex for which the agricultural safeguard trigger level is set out in that Schedule as a percentage of the applicable tariff-rate quota (TRQ), the trigger level in any year shall be determined by multiplying the in-quota quantity for that good for that year, as set out in Appendix I to the Party’s Schedule to Annex 3.3, by the applicable percentage. For each good listed in a Party’s Schedule to this Annex for which the trigger level is set out as a fixed initial amount in the Party’s Schedule, the trigger level set out in the Schedule shall be the trigger level in year one. The trigger level in any subsequent year shall be determined by adding to that amount the quantity derived by applying the applicable annual trigger growth rate to that amount, compounded annually. For purposes of this Annex, the term “year one” shall have the meaning given to that term in Annex 3.3.
2. For purposes of this Annex, prime and choice beef shall mean prime and choice grades of beef as defined in the United States Standards for Grades of Carcass Beef, promulgated pursuant to the Agricultural Marketing Act of 1946 (7 U.S.C. §§ 1621-1627), as amended.
Agricultural Safeguard Measures. 1. Notwithstanding Article 3.4, Honduras may apply an additional customs duty on an originating agricultural good listed in Annex 3.15, if the volume of imports into Honduras of the originating agricultural good during a calendar year exceeds the quantity of the good, set out in Annex 3.15, for that year.
2. Honduras shall not apply a customs duty on a good, including the additional customs duty referred to in paragraph 1, which exceeds the lesser of the applied most favoured nation duty rate for that good:
(a) at the time the measure is adopted; or
(b) applied on the day immediately preceding the entry into force of this Agreement.
3. Honduras may maintain an agricultural safeguard measure until the end of the calendar year in which it was imposed.
4. Honduras may not impose an agricultural safeguard measure on an originating agricultural good in connection with the same good:
(a) if the good is subject to a TRQ and the agricultural safeguard measure increases an in- quota duty;
(b) after the expiration of the tariff elimination period for that good set out in Honduras' schedule to Annex 3.4.1; or
(c) at the same time as Honduras applies to that good:
(i) an emergency action, under Chapter Nine (Emergency Action), or o (ii) a safeguard under Article XIX of GATT 1994 and the Agreement on Safeguards.
5. For greater certainty:
Agricultural Safeguard Measures. General Notes
1. For each good listed in a Party’s Schedule to this Annex for which the agricultural safeguard trigger level is set out in that Schedule as a percentage of the applicable tariff-rate quota (TRQ), the trigger level in any year shall be determined by multiplying the in-quota quantity for that good for that year, as set out in Appendix I to the Party’s Schedule to Annex 2.3, by the applicable percentage.
2. For purposes of this Annex, prime and choice beef shall mean prime and choice grades of beef as defined in the United States Standards for Grades of Carcass Beef, promulgated pursuant to the Agricultural Marketing Act of 1946 (7 U.S.C. §§ 1621-1627), as amended.
