Common use of Agricultural Safeguard Measures Clause in Contracts

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. 6. Neither Party shall apply or maintain an agricultural safeguard measure on an originating agricultural good if the period specified in the agricultural safeguard provisions of the Party's Schedule set out in Annex 2-B has expired.