Common use of Investigation Procedures and Transparency Requirements Clause in Contracts

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.