Bilateral Safeguard Measures. 1. For purposes of this Article and Article 2 of this Chapter: (a) competent investigating authority means: (i) in the case of Israel, the Commissioner of Trade Levies, or its successor in the Ministry of Industry, Trade and Labor or the corresponding unit in the Ministry of Agriculture and Rural Development. (ii) in the case of MERCOSUR, Ministerio de Economía y Producción or its successor in Argentina, Secretaria de Comércio Exterior do Ministério do Desenvolvimento, Indústria e Comércio Exterior or its successor in Brazil, Ministerio de Industria y Comercio or its successor in Paraguay, and Asesoría de Política Comercial del Ministerio de Economía y Finanzas or its successor in Uruguay ; (b) domestic industry means the producers as a whole of the like or directly competitive goods operating in the territory of a Party or Signatory Party or whose collective output of the like or directly competitive goods constitutes a major proportion of the total production of such goods; (c) good originating in the territory of a Party means an “originating good”, as defined in Chapter IV (Rules of Origin); (d) interested parties means: (i) exporter or foreign producer or the importer of goods subject to investigation, or a trade or business association, a majority of the members of which are producers, exporters or importers of such goods; (ii) the government of the exporting Party; and (iii) producer of the like or directly competitive goods in the importing Party or a trade and business association, the members of which produce the like or directly competitive goods in the territory of the importing Party including an enterprise established by law which represents the aforementioned producers; (e) like good means a good which, although not alike in all respects, has like characteristics and like component materials which enable it to perform the same functions and to be commercially interchangeable with the good to which it is compared; (f) serious injury means the significant overall impairment in the position of a domestic industry; (g) threat of serious injury means “serious injury” that is clearly imminent, based on facts and not merely on allegation, conjecture or remote possibility. 2. Subject to Article 2 of this Chapter, if a good originating in the territory of a Party, as a result of the reduction or elimination of a customs duty provided for in this Agreement, is being imported into the territory of the other Party (hereinafter-preferential imports) in such increased quantities, in absolute and relative terms, and under such conditions that the imports of the good from that Party alone constitute a substantial cause of serious injury or threat of serious injury to a domestic industry , the Party or Signatory Party into whose territory the goods is being imported may, to the minimum extent necessary to remedy the injury: (a) suspend the further reduction of any rate of a customs duty provided for under this Agreement on the goods; or (b) increase the rate of a customs duty on the goods to a level not exceeding the base rate of customs duty, as referred to in Chapter III (Trade in Goods). 3. The Party or Signatory Party that applies a preferential safeguard measure may establish an import quota for the product concerned under the agreed preference established in this Agreement. The import quota shall not be less than the average imports of the product concerned in the thirty-six (36) months previous to the period used for determining the existence of serious injury. The period used for determining the existence of serious injury shall not be more than thirty- six (36) months. In case a quota is not established, the bilateral safeguard measure shall consist only of a reduction of the preference which shall not be greater than 50% of the tariff preference established in this Agreement. 4. Bilateral Safeguard measures may not be applied in the first year after the tariff preferences negotiated under Chapter III (Trade in Goods) of the Agreement come into force. Bilateral safeguard measures may not be applied after five years from the date of the finalization of the tariff elimination or reduction program applicable to the goods unless otherwise agreed by the Parties. After this period, the Joint Committee shall evaluate whether or not to continue the bilateral safeguard measures mechanism included in this Chapter. 5. In the investigation to determine whether preferential imports have caused or are threatening to cause serious injury, the competent investigating authority shall evaluate all relevant factors of an objective and quantifiable nature having a bearing on the situation of the domestic industry concerned, particularly the following: (a) the amount and rate of the increase in preferential imports of the goods concerned in absolute and relative terms; (b) the share of the domestic market taken by increased preferential imports; (c) the price of the preferential imports; (d) the consequent impact on the domestic industry of the like or directly competitive goods, based on factors, including: production, productivity, capacity utilization, profits and losses, and employment; (e) other factors other than the preferential imports, which may be causing injury or threat of injury to the domestic industry. 6. When factors other than increased preferential imports are causing injury to the domestic industry at the same time, such injury caused by those other factors shall not be attributed to the increased preferential imports. 7. MERCOSUR may adopt bilateral safeguard measures: (a) as a sole entity, as far as all requirements to determine the existence of serious injury or threat thereof is being caused by the imports of goods as a result of the reduction or elimination of a customs duty provided for in this Agreement, have been fulfilled on the basis of conditions applied to MERCOSUR as a whole; or (b) on behalf of one of its Member States, in which case the requirements for the determination of the existence of serious injury or threat thereof, being caused by the imports as a result of the reduction or elimination of a customs duty provided for in this Agreement, shall be based on the conditions prevailing in the affected Member State of the customs union and the measure shall be limited to that Member State. 8. Israel may apply bilateral safeguard measures to the imports from MERCOSUR or MERCOSUR Member States where such serious injury or threat thereof is being caused by the imports of a good as a result of the reduction or elimination of a customs duty provided for in this Agreement. 9. In critical circumstances where delay may cause damage which would be difficult to repair, a Party or Signatory Party, after due notification, may take a provisional safeguard measure pursuant to a preliminary determination that there is clear evidence that increased preferential imports have caused or are threatening to cause serious injury. The duration of the provisional measure shall not exceed two hundred (200) days, during which period the requirements of this Chapter shall be met. If the final determination concludes that there was no serious injury or threat thereof to domestic industry caused by preferential imports the increased tariff or provisional guarantee, if collected or imposed under provisional measures, shall be promptly refunded according to the domestic regulation of the relevant Signatory Party. 10. The competent investigating authority may initiate a bilateral safeguard measure investigation at the request of the domestic industry in the importing Party or Signatory Party of the like or directly competitive goods in accordance with its internal legislation.
Appears in 3 contracts
Samples: Free Trade Agreement, Free Trade Agreement, Free Trade Agreement
Bilateral Safeguard Measures. 1. For purposes of this Article and Article 2 of this Chapter:
(a) competent investigating authority means:
(i) in the case of Israel, the Commissioner of Trade Levies, or its successor in the Ministry of Industry, Trade and Labor or the corresponding unit in the Ministry of Agriculture and Rural Development.
(ii) in the case of MERCOSUR, Ministerio de Economía y Producción or its successor in Argentina, Secretaria de Comércio Exterior do Ministério do Desenvolvimento, Indústria e Comércio Exterior or its successor in Brazil, Ministerio de Industria y Comercio or its successor in Paraguay, and Asesoría de Política Comercial del Ministerio de Economía y Finanzas or its successor in Uruguay ;
(b) domestic industry means the producers as a whole of the like or directly competitive goods operating in the territory of a Party or Signatory Party or whose collective output of the like or directly competitive goods constitutes a major proportion of the total production of such goods;
(c) good originating in the territory of a Party means an “originating good”, as defined in Chapter IV (Rules of Origin);
(d) interested parties means:
(i) exporter or foreign producer or the importer of goods subject to investigation, or a trade or business association, a majority of the members of which are producers, exporters or importers of such goods;
(ii) the government of the exporting Party; and
(iii) producer of the like or directly competitive goods in the importing Party or a trade and business association, the members of which produce the like or directly competitive goods in the territory of the importing Party including an enterprise established by law which represents the aforementioned producers;
(e) like good means a good which, although not alike in all respects, has like characteristics and like component materials which enable it to perform the same functions and to be commercially interchangeable with the good to which it is compared;
(f) serious injury means the significant overall impairment in the position of a domestic industry;
(g) threat of serious injury means “serious injury” that is clearly imminent, based on facts and not merely on allegation, conjecture or remote possibility.
2. Subject to Article 2 of this Chapter, if a good originating in the territory of a Party, as a result of the reduction or elimination of a customs duty provided for in this Agreement, is being imported into the territory of the other Party (hereinafter-preferential imports) in such increased quantities, in absolute and relative terms, and under such conditions that the imports of the good from that Party alone constitute a substantial cause of serious injury or threat of serious injury to a domestic industry , the Party or Signatory Party into whose territory the goods is being imported may, to the minimum extent necessary to remedy the injury:
(a) : suspend the further reduction of any rate of a customs duty provided for under this Agreement on the goods; or
(b) or increase the rate of a customs duty on the goods to a level not exceeding the base rate of customs duty, as referred to in Chapter III (Trade in Goods).
3. The Party or Signatory Party that applies a preferential safeguard measure may establish an import quota for the product concerned under the agreed preference established in this Agreement. The import quota shall not be less than the average imports of the product concerned in the thirty-six (36) months previous to the period used for determining the existence of serious injury. The period used for determining the existence of serious injury shall not be more than thirty- thirty-six (36) months. In case a quota is not established, the bilateral safeguard measure shall consist only of a reduction of the preference which shall not be greater than 50% of the tariff preference established in this Agreement.
4. Bilateral Safeguard measures may not be applied in the first year after the tariff preferences negotiated under Chapter III (Trade in Goods) of the Agreement come into force. Bilateral safeguard measures may not be applied after five years from the date of the finalization of the tariff elimination or reduction program applicable to the goods unless otherwise agreed by the Parties. After this period, the Joint Committee shall evaluate whether or not to continue the bilateral safeguard measures mechanism included in this Chapter.
5. In the investigation to determine whether preferential imports have caused or are threatening to cause serious injury, the competent investigating authority shall evaluate all relevant factors of an objective and quantifiable nature having a bearing on the situation of the domestic industry concerned, particularly the following:
(a) : the amount and rate of the increase in preferential imports of the goods concerned in absolute and relative terms;
(b) the share of the domestic market taken by increased preferential imports;
(c) the price of the preferential imports;
(d) the consequent impact on the domestic industry of the like or directly competitive goods, based on factors, including: production, productivity, capacity utilization, profits and losses, and employment;
(e) other factors other than the preferential imports, which may be causing injury or threat of injury to the domestic industry.
6. When factors other than increased preferential imports are causing injury to the domestic industry at the same time, such injury caused by those other factors shall not be attributed to the increased preferential imports.
7. MERCOSUR may adopt bilateral safeguard measures:
(a) as a sole entity, as far as all requirements to determine the existence of serious injury or threat thereof is being caused by the imports of goods as a result of the reduction or elimination of a customs duty provided for in this Agreement, have been fulfilled on the basis of conditions applied to MERCOSUR as a whole; or
(b) on behalf of one of its Member States, in which case the requirements for the determination of the existence of serious injury or threat thereof, being caused by the imports as a result of the reduction or elimination of a customs duty provided for in this Agreement, shall be based on the conditions prevailing in the affected Member State of the customs union and the measure shall be limited to that Member State.
8. Israel may apply bilateral safeguard measures to the imports from MERCOSUR or MERCOSUR Member States where such serious injury or threat thereof is being caused by the imports of a good as a result of the reduction or elimination of a customs duty provided for in this Agreement.
9. In critical circumstances where delay may cause damage which would be difficult to repair, a Party or Signatory Party, after due notification, may take a provisional safeguard measure pursuant to a preliminary determination that there is clear evidence that increased preferential imports have caused or are threatening to cause serious injury. The duration of the provisional measure shall not exceed two hundred (200) days, during which period the requirements of this Chapter shall be met. If the final determination concludes that there was no serious injury or threat thereof to domestic industry caused by preferential imports the increased tariff or provisional guarantee, if collected or imposed under provisional measures, shall be promptly refunded according to the domestic regulation of the relevant Signatory Party.
10. The competent investigating authority may initiate a bilateral safeguard measure investigation at the request of the domestic industry in the importing Party or Signatory Party of the like or directly competitive goods in accordance with its internal legislation.
Appears in 2 contracts
Samples: Free Trade Agreement, Free Trade Agreement
Bilateral Safeguard Measures. 1. For purposes of this Article and Article 2 of this Chapter:
(a) competent investigating authority means:
(i) in the case of Israel, the Commissioner of Trade Levies, or its successor in the Ministry of Industry, Trade and Labor or the corresponding unit in the Ministry of Agriculture and Rural Development.
(ii) in the case of MERCOSUR, Ministerio de Economía y Producción or its successor in Argentina, Secretaria de Comércio Exterior do Ministério do Desenvolvimento, Indústria e Comércio Exterior or its successor in Brazil, Ministerio de Industria y Comercio or its successor in Paraguay, and Asesoría de Política Comercial del Ministerio de Economía y Finanzas or its successor in Uruguay ;
(b) domestic industry means the producers as a whole of the like or directly competitive goods operating in the territory of a Party or Signatory Party or whose collective output of the like or directly competitive goods constitutes a major proportion of the total production of such goods;
(c) good originating in the territory of a Party means an “originating good”, as defined in Chapter IV (Rules of Origin);
(d) interested parties means:
(i) exporter or foreign producer or the importer of goods subject to investigation, or a trade or business association, a majority of the members of which are producers, exporters or importers of such goods;
(ii) the government of the exporting Party; and
(iii) producer of the like or directly competitive goods in the importing Party or a trade and business association, the members of which produce the like or directly competitive goods in the territory of the importing Party including an enterprise established by law which represents the aforementioned producers;
(e) like good means a good which, although not alike in all respects, has like characteristics and like component materials which enable it to perform the same functions and to be commercially interchangeable with the good to which it is compared;
(f) serious injury means the significant overall impairment in the position of a domestic industry;
(g) threat of serious injury means “serious injury” that is clearly imminent, based on facts and not merely on allegation, conjecture or remote possibility.
2. Subject to Article 2 of this Chapter, if a good originating in the territory of a Party, as a result of the reduction or elimination of a customs duty provided for in this Agreement, is being imported into the territory of the other Party (hereinafter-preferential imports) in such increased quantities, in absolute and relative terms, and under such conditions that the imports of the good from that Party alone constitute a substantial cause of serious injury or threat of serious injury to a domestic industry , the Party or Signatory Party into whose territory the goods is being imported may, to the minimum extent necessary to remedy the injury:
(a) suspend the further reduction of any rate of a customs duty provided for under this Agreement on the goods; or
(b) increase the rate of a customs duty on the goods to a level not exceeding the base rate of customs duty, as referred to in Chapter III (Trade in Goods).
3. The Party or Signatory Party that applies a preferential safeguard measure may establish an import quota for the product concerned under the agreed preference established in this Agreement. The import quota shall not be less than the average imports of the product concerned in the thirty-six (36) months previous to the period used for determining the existence of serious injury. The period used for determining the existence of serious injury shall not be more than thirty- thirty-six (36) months. In case a quota is not established, the bilateral safeguard measure shall consist only of a reduction of the preference which shall not be greater than 50% of the tariff preference established in this Agreement.
4. Bilateral Safeguard measures may not be applied in the first year after the tariff preferences negotiated under Chapter III (Trade in Goods) of the Agreement come into force. Bilateral safeguard measures may not be applied after five years from the date of the finalization of the tariff elimination or reduction program applicable to the goods unless otherwise agreed by the Parties. After this period, the Joint Committee shall evaluate whether or not to continue the bilateral safeguard measures mechanism included in this Chapter.
5. In the investigation to determine whether preferential imports have caused or are threatening to cause serious injury, the competent investigating authority shall evaluate all relevant factors of an objective and quantifiable nature having a bearing on the situation of the domestic industry concerned, particularly the following:
(a) the amount and rate of the increase in preferential imports of the goods concerned in absolute and relative terms;
(b) the share of the domestic market taken by increased preferential imports;
(c) the price of the preferential imports;
(d) the consequent impact on the domestic industry of the like or directly competitive goods, based on factors, including: production, productivity, capacity utilization, profits and losses, and employment;
(e) other factors other than the preferential imports, which may be causing injury or threat of injury to the domestic industry.
6. When factors other than increased preferential imports are causing injury to the domestic industry at the same time, such injury caused by those other factors shall not be attributed to the increased preferential imports.
7. MERCOSUR may adopt bilateral safeguard measures:
(a) as a sole entity, as far as all requirements to determine the existence of serious injury or threat thereof is being caused by the imports of goods as a result of the reduction or elimination of a customs duty provided for in this Agreement, have been fulfilled on the basis of conditions applied to MERCOSUR as a whole; or
(b) on behalf of one of its Member States, in which case the requirements for the determination of the existence of serious injury or threat thereof, being caused by the imports as a result of the reduction or elimination of a customs duty provided for in this Agreement, shall be based on the conditions prevailing in the affected Member State of the customs union and the measure shall be limited to that Member State.
8. Israel may apply bilateral safeguard measures to the imports from MERCOSUR or MERCOSUR Member States where such serious injury or threat thereof is being caused by the imports of a good as a result of the reduction or elimination of a customs duty provided for in this Agreement.
9. In critical circumstances where delay may cause damage which would be difficult to repair, a Party or Signatory Party, after due notification, may take a provisional safeguard measure pursuant to a preliminary determination that there is clear evidence that increased preferential imports have caused or are threatening to cause serious injury. The duration of the provisional measure shall not exceed two hundred (200) days, during which period the requirements of this Chapter shall be met. If the final determination concludes that there was no serious injury or threat thereof to domestic industry caused by preferential imports the increased tariff or provisional guarantee, if collected or imposed under provisional measures, shall be promptly refunded according to the domestic regulation of the relevant Signatory Party.
10. The competent investigating authority may initiate a bilateral safeguard measure investigation at the request of the domestic industry in the importing Party or Signatory Party of the like or directly competitive goods in accordance with its internal legislation.
11. The purpose of investigation shall be:
(a) to assess the quantities and conditions under which the goods under investigation are being imported;
(b) to determine the existence of serious injury or threat of serious injury to the domestic industry in accordance with the provisions this Chapter; and
(c) to determine the causal link between the increased preferential imports of the goods concerned and the serious injury or threat thereof to the domestic industry, in accordance with the provisions of this Chapter.
Appears in 1 contract
Samples: Free Trade Agreement
Bilateral Safeguard Measures. 1. For purposes of this Article and Article 2 of this Chapter:
(a) competent investigating authority means:
(i) in the case of Israel, the Commissioner of Trade Levies, or its successor in the Ministry of Industry, Trade and Labor or the corresponding unit in the Ministry of Agriculture and Rural Development.
(ii) in the case of MERCOSUR, Ministerio de Economía y Producción or its successor in Argentina, Secretaria de Comércio Exterior do Ministério do Desenvolvimento, Indústria e Comércio Exterior or its successor in Brazil, Ministerio de Industria y Comercio or its successor in Paraguay, and Asesoría de Política Comercial del Ministerio de Economía y Finanzas or its successor in Uruguay ;
(b) domestic industry means the producers as a whole of the like or directly competitive goods operating in the territory of a Party or Signatory Party or whose collective output of the like or directly competitive goods constitutes a major proportion of the total production of such goods;
(c) good originating in the territory of a Party means an “originating good”, as defined in Chapter IV (Rules of Origin);
(d) interested parties means:
(i) exporter or foreign producer or the importer of goods subject to investigation, or a trade or business association, a majority of the members of which are producers, exporters or importers of such goods;
(ii) the government of the exporting Party; and
(iii) producer of the like or directly competitive goods in the importing Party or a trade and business association, the members of which produce the like or directly competitive goods in the territory of the importing Party including an enterprise established by law which represents the aforementioned producers;
(e) like good means a good which, although not alike in all respects, has like characteristics and like component materials which enable it to perform the same functions and to be commercially interchangeable with the good to which it is compared;
(f) serious injury means the significant overall impairment in the position of a domestic industry;
(g) threat of serious injury means “serious injury” that is clearly imminent, based on facts and not merely on allegation, conjecture or remote possibility.
2. Subject to Article 2 of this Chapter, if a good originating in the territory of a Party, as a result of the reduction or elimination of a customs duty provided for in this Agreement, is being imported into the territory of the other Party (hereinafter-preferential imports) in such increased quantities, in absolute and relative terms, and under such conditions that the imports of the good from that Party alone constitute a substantial cause of serious injury or threat of serious injury to a domestic industry , the Party or Signatory Party into whose territory the goods is being imported may, to the minimum extent necessary to remedy the injury:
(a) suspend the further reduction of any rate of a customs duty provided for under this Agreement on the goods; or
(b) increase the rate of a customs duty on the goods to a level not exceeding the base rate of customs duty, as referred to in Chapter III (Trade in Goods).
3. The Party or Signatory Party that applies a preferential safeguard measure may establish an import quota for the product concerned under the agreed preference established in this Agreement. The import quota shall not be less than the average imports of the product concerned in the thirty-six (36) months previous to the period used for determining the existence of serious injury. The period used for determining the existence of serious injury shall not be more than thirty- six (36) months. In case a quota is not established, the bilateral safeguard measure shall consist only of a reduction of the preference which shall not be greater than 50% of the tariff preference established in this Agreement.
4. Bilateral Safeguard measures may not be applied in the first year after the tariff preferences negotiated under Chapter III (Trade in Goods) of the Agreement come into force. Bilateral safeguard measures may not be applied after five years from the date of the finalization of the tariff elimination or reduction program applicable to the goods unless otherwise agreed by the Parties. After this period, the Joint Committee shall evaluate whether or not to continue the bilateral safeguard measures mechanism included in this Chapter.
5. In the investigation to determine whether preferential imports have caused or are threatening to cause serious injury, the competent investigating authority shall evaluate all relevant factors of an objective and quantifiable nature having a bearing on the situation of the domestic industry concerned, particularly the following:
(a) the amount and rate of the increase in preferential imports of the goods concerned in absolute and relative terms;
(b) the share of the domestic market taken by increased preferential imports;
(c) the price of the preferential imports;
(d) the consequent impact on the domestic industry of the like or directly competitive goods, based on factors, including: production, productivity, capacity utilization, profits and losses, and employment;
(e) other factors other than the preferential imports, which may be causing injury or threat of injury to the domestic industry.
6. When factors other than increased preferential imports are causing injury to the domestic industry at the same time, such injury caused by those other factors shall not be attributed to the increased preferential imports.
7. MERCOSUR may adopt bilateral safeguard measures:
(a) as a sole entity, as far as all requirements to determine the existence of serious injury or threat thereof is being caused by the imports of goods as a result of the reduction or elimination of a customs duty provided for in this Agreement, have been fulfilled on the basis of conditions applied to MERCOSUR as a whole; or
(b) on behalf of one of its Member States, in which case the requirements for the determination of the existence of serious injury or threat thereof, being caused by the imports as a result of the reduction or elimination of a customs duty provided for in this Agreement, shall be based on the conditions prevailing in the affected Member State of the customs union and the measure shall be limited to that Member State.
8. Israel may apply bilateral safeguard measures to the imports from MERCOSUR or MERCOSUR Member States where such serious injury or threat thereof is being caused by the imports of a good as a result of the reduction or elimination of a customs duty provided for in this Agreement.
9. In critical circumstances where delay may cause damage which would be difficult to repair, a Party or Signatory Party, after due notification, may take a provisional safeguard measure pursuant to a preliminary determination that there is clear evidence that increased preferential imports have caused or are threatening to cause serious injury. The duration of the provisional measure shall not exceed two hundred (200) days, during which period the requirements of this Chapter shall be met. If the final determination concludes that there was no serious injury or threat thereof to domestic industry caused by preferential imports the increased tariff or provisional guarantee, if collected or imposed under provisional measures, shall be promptly refunded according to the domestic regulation of the relevant Signatory Party.
10. The competent investigating authority may initiate a bilateral safeguard measure investigation at the request of the domestic industry in the importing Party or Signatory Party of the like or directly competitive goods in accordance with its internal legislation.thirtysix
Appears in 1 contract
Samples: Free Trade Agreement
