Investigation Procedures and Transparency Requirements. 1. A Party shall apply a bilateral safeguard measure only following an investigation by the Party's competent investigating authority in accordance with Articles 3 and 4.2(c) of the Safeguards Agreement. To this end, Articles 3 and 4.2(c) of the Safeguards Agreement are incorporated into and made part of this Agreement, mutatis mutandis. 2. In the investigation described in paragraph 1, a Party shall comply with the requirements of Article 4.2(a) of the Safeguards Agreement. To this end, Article 4.2(a) of the 1 The Parties understand that neither tariff rate quotas nor quantitative restrictions would be a permissible form of a bilateral safeguard measure. Safeguards Agreement is incorporated into and made part of this Agreement, mutatis mutandis. 3. Each Party shall ensure that its competent investigating authority completes any such investigation within one year following its date of initiation.
Investigation Procedures and Transparency Requirements. A Party shall apply a transitional safeguard measure only following an investigation by the Party’s competent authorities in accordance with Article 3 and Article 4.2(c) of the Agreement on Safeguards. To this end, Article 3 and Article 4.2(c) of the Agreement on Safeguards are incorporated into and made part of this Agreement, mutatis mutandis.
Investigation Procedures and Transparency Requirements. 1. A Party shall apply a safeguard measure only following an investigation by the Party’s competent authorities in accordance with the same procedures as those provided for in Articles 3 and 4.2 of the WTO Safeguards Agreement; and to this end, Articles 3 and 4.2 of the WTO Safeguards Agreement are incorporated into and made part of this Agreement, mutatis mutandis.
2. Each Party shall ensure that its competent authorities complete any such investigation under paragraph 1 within one year after its initiation.
Investigation Procedures and Transparency Requirements. 1. A Party shall impose a safeguard measure only following an investigation by the Party’s competent authorities in accordance with Articles 3 and 4.2(c) of the Safeguards Agreement; and to this end, Articles 3 and 4.2(c) of the Safeguards Agreement are incorporated into and made a part of this Agreement, mutatis mutandis.
2. In the investigation described in paragraph 1, a Party shall comply with the requirements of Article 4.2(a) of the Safeguards Agreement; and to this end, Article 4.2(a) of the Safeguards Agreement is incorporated into and made a part of this Agreement, mutatis mutandis.
Investigation Procedures and Transparency Requirements. 1. The importing Party may take a safeguard measure under this Section only following an investigation by its competent authorities and in accordance with Article 3 of the Safeguards Agreement; and to this end Article 3 of the Safeguards Agreement is incorporated into and made a part of this Agreement, mutatis mutandis.
2. In determining whether increased imports of an originating product of the other Party have caused serious injury or are threatening to cause serious injury to a domestic industry, the competent authority of the importing Party shall, based on objective evidence, evaluate the effect of the increased imports on the domestic industry by considering the following economic factors: the rate and amount of the increase in imports of the originating product, the share of the domestic market taken by the increased imports, changes in the level of sales, production, productivity, capacity utilization, profits and losses, and employment. The list is not exhaustive, nor can one or several of these factors necessarily give decisive guidance.
3. When factors other than increased imports of an originating product of the other Party resulting from the reduction or elimination of an import custom duty pursuant to this Agreement are simultaneously causing injury to the domestic industry, the injury caused by other factors shall not be attributed to the increased imports of the product from the other Party.
Investigation Procedures and Transparency Requirements. 1. The importing Party may apply a bilateral safeguard measure only following an investigation by its competent authorities in accordance with Article 3 of the WTO Agreement on Safeguards. To this end, Article 3 of the WTO Agreement on Safeguards is incorporated into and made a part of this Agreement, mutatis mutandis.
2. In determining whether increased imports of an originating product of the other Party have caused serious injury or are threatening to cause serious injury to a domestic industry, the competent authority of the importing Party shall follow the rules in Article 4 of the WTO Agreement on Safeguards. To this end, Article 4 of the WTO Agreement on Safeguards is incorporated into and made a part of this Agreement, mutatis mutandis.
Investigation Procedures and Transparency Requirements. 1. A Party shall apply a safeguard measure only following an investigation by the Party’s competent authority in accordance with Articles 3 and 4.2(c) of the Safeguards Agreement; and to this end, Articles 3 and 4.2(c) of the Safeguards Agreement are incorporated into and made part of this Agreement, mutatis mutandis.
2. In determining whether increased imports of an originating product of the other Party have caused serious injury or are threatening to cause serious injury to a domestic industry, the competent authority of the importing Party shall follow the rules in Article 2 The Parties understand that neither tariff rate quotas nor quantitative restrictions would be a permissible form of safeguard measure.
Investigation Procedures and Transparency Requirements. 1. The importing Party may apply a safeguard measure under this Section only following an investigation by its competent authorities in accordance with Article 3 of the Safeguards Agreement; and to this end, Article 3 of the Safeguards Agreement is incorporated into and made a part of this Agreement, mutatis mutandis. 2. In determining whether increased imports of an originating product of the other Party have caused serious injury or are threatening to cause serious injury to a domestic industry, the competent authority of the importing Party shall follow the rules in Article 4.2 of the Safeguards Agreement; and to this end, Article 4.2 of the Safeguards Agreement is incorporated into and made a part of this Agreement, mutatis mutandis.
Investigation Procedures and Transparency Requirements. 1. A Party may apply a bilateral safeguard measure only after an investigation by the Party's competent authority pursuant to Articles 3 and 4.2(c) of the WTO Agreement on Safeguards; and to this end, Articles 3 and 4.2(c) of the WTO Agreement on Safeguards are incorporated into and made an integral part of this Agreement, mutatis mutandis.
2. In the investigation described in paragraph 1, the Party shall comply with the requirements of Articles 4.2(a) and 4.2(b) of the WTO Agreement on Safeguards; and to this end, Articles 4.2(a) and 4.2(b) of the WTO Agreement on Safeguards are incorporated into and made an integral part of this Agreement, mutatis mutandis.
3. Each Party shall ensure that its competent authorities complete this type of investigation within the time limits established in its national legislation.
Investigation Procedures and Transparency Requirements. 1. A Party shall apply a bilateral safeguard measure only following an investigation by the Party’s investigating authority. This investigation shall include reasonable public notice to all interested parties and public hearings or other appropriate means in which importers, exporters and other interested parties could present evidence and their views, including the opportunity to respond to the presentations of other parties and to submit their views. The investigating authorities shall publish a report setting forth their findings and reasoned conclusions reached on all pertinent issues of fact and law.
2. Any information which is by nature confidential or which is provided on a confidential basis shall, upon cause being shown, be treated as such by the investigating authorities. Such information shall not be disclosed without permission of the interested party submitting it. Interested parties providing confidential information may be requested to furnish non-confidential summaries thereof or, if such parties indicate that such information cannot be summarised, the reasons why a summary cannot be provided. However, if the investigating authorities find that a request for confidentiality is not warranted and if the party concerned is either unwilling to make the information public or to authorise its disclosure in generalised or summary form, the authorities may disregard such information unless it can be demonstrated to their satisfaction from appropriate sources that the information is correct.
3. In the investigation to determine whether increased imports constitute a substantial cause of serious injury or threat thereof to the domestic industry under the terms of this Section, the investigating authorities shall evaluate all relevant factors of an objective and quantifiable nature having a bearing on the situation of that industry, in particular, the rate and amount of the increase in imports of the product concerned in absolute and relative terms, the share of the domestic market taken by increased imports, changes in the level of sales, production, productivity, capacity utilisation, profits and losses, and employment.
4. The determination referred to in paragraph 3 shall not be made unless this investigation demonstrates, on the basis of objective evidence, the existence of the causal link between increased imports of the product concerned and serious injury or threat thereof. When factors other than increased imports are causing injury to the dom...
