Provisional Bilateral Safeguard Measures. 1. In critical circumstances, where delay would cause damage which would be difficult to repair, a Party may take a provisional bilateral safeguard measure, which shall take the form of the measure set out in subparagraph 2(a) or (b) of Article 2.13, pursuant to a preliminary determination that there is clear evidence that increased imports of an originating good of the other Party as a result of the elimination or reduction of a customs duty in accordance with Article 2.4 have caused or are threatening to cause serious injury to a domestic industry.
2. A Party shall deliver a written notice to the other Party prior to applying a provisional bilateral safeguard measure. Consultations between the Parties on the application of the provisional bilateral safeguard measure shall be initiated immediately after the provisional bilateral safeguard measure is applied.
3. The duration of a provisional bilateral safeguard measure shall not exceed 200 days. During that period, the pertinent requirements of Articles 2.14 and 2.15 shall be met. The duration of the provisional bilateral safeguard measure shall be counted as a part of the period referred to in paragraph 4 of Article 2.15.
4. Paragraph 7 of Article 2.15 shall be applied mutatis mutandis to a provisional bilateral safeguard measure. The customs duty imposed as a result of the provisional bilateral safeguard measure shall be refunded if the subsequent investigation referred to in paragraph 1 of Article 2.14 does not determine that increased imports of an originating good of the other Party have caused or threatened to cause serious injury to a domestic industry.
Provisional Bilateral Safeguard Measures. 1. In critical circumstances, where delay would cause damage which it would be difficult to repair, a Party may take a provisional bilateral safeguard measure pursuant to a preliminary determination that there is clear evidence that increased imports have caused or are threatening to cause serious injury to a domestic industry.
2. A Party shall deliver a written notice in English to the other Party prior to applying a provisional bilateral safeguard measure. Consultations on such measure shall take place promptly after such measure is taken.
3. The duration of the provisional bilateral safeguard measure shall not exceed 200 days. During that period, the pertinent requirements of Articles 52 and 55 shall be met. The duration of such measure shall be counted as a part of the period referred to in paragraph 5 of Article 53.
4. Paragraphs 2 through 4 and 12 of Article 53 shall be applied mutatis mutandis to the provisional bilateral safeguard measure. The customs duty imposed as a result of such measure shall be refunded within 60 days if the subsequent investigation referred to in Article 55 does not determine that increased imports have caused or threatened to cause serious injury to a domestic industry.
Provisional Bilateral Safeguard Measures. 1. In critical circumstances where delay would cause damage that would be difficult to repair, a Party may apply a bilateral safeguard measure on a provisional basis pursuant to a preliminary determination by its competent authorities that there is clear evidence that imports of an originating good from the other Party have increased as the result of reduction or elimination of a customs duty under this Agreement, and that such imports constitute a substantial cause of serious injury, or threat thereof, to the domestic industry.
2. A Party shall not apply a provisional measure until at least 44 days after the date on which its competent authorities have initiated an investigation.
3. The duration of any provisional measure shall not exceed 200 days, during which time the Party shall comply with the requirements of Article 8.4.
Provisional Bilateral Safeguard Measures. 1. In critical circumstances, where delay would cause damage that would be difficult to repair, a Party may apply a provisional bilateral safeguard measure pursuant to a preliminary determination by its competent investigating authority that there is clear evidence that the increased imports of an originating good from the other Party, as the result of the reduction or elimination of a customs duty under this Agreement, constitute a substantial cause of serious injury, or threat thereof, to a domestic industry.
2. The duration of the provisional bilateral safeguard measure, taking any forms set out in Article 8.2, shall not exceed 180 days, during which the pertinent requirements of Articles
Provisional Bilateral Safeguard Measures. 1. In critical circumstances, where delay would cause damage which it would be difficult to repair, a Party may apply a provisional bilateral safeguard measure, which shall take the form of the measure set out in subparagraph 2(a) or 2(b) of Article 2.8, pursuant to a preliminary determination that there is clear evidence that increased imports of an originating good of the other Party have caused or are threatening to cause serious injury to a domestic industry of the former Party.
2. A Party shall make a written notice to the other Party prior to applying a provisional bilateral safeguard measure. Consultations between the Parties on the application of the provisional bilateral safeguard measure shall be initiated immediately after the provisional bilateral safeguard measure is applied.
3. The duration of a provisional bilateral safeguard measure shall not exceed 200 days. During that period, the pertinent requirements of Article
Provisional Bilateral Safeguard Measures. 1. In critical circumstances, where any delay would cause injury which would be difficult to repair, a Party may apply a provisional bilateral safeguard measure pursuant to a preliminary determination that there is clear evidence that increased imports from the other Party have caused or are threatening to cause serious injury to the domestic industry.
2. The duration of the provisional bilateral safeguard shall not exceed 200 days and shall take any of the forms provided for in Article 7.2.2 during which the relevant requirements of Articles 7.2 and 7.3 must be met.
Provisional Bilateral Safeguard Measures. 1. In critical circumstances, where any delay would cause injury which would be difficult to repair, the Parties may adopt a provisional bilateral safeguard measure pursuant to a duly grounded and motivated preliminary determination of the existence of clear evidence that increased imports subject to tariff preference have caused or threaten to cause serious injury to the domestic industry of the other Party.
2. The duration of the provisional bilateral safeguard measure shall not exceed 180 days.
3. Upon notification of the resolution imposing a provisional bilateral safeguard measure, at the request of the exporting Party, the Parties shall meet within a period of no more than 30 days following the issuance of the notification for consultations. The main purpose of such consultations shall be to exchange information on the measure in question and to seek to resolve the clarifications raised.
Provisional Bilateral Safeguard Measures. 1. A Party may adopt a provisional bilateral safeguard measure in critical circumstances where any delay would cause damage difficult to repair to the domestic industry from like or directly competitive goods, based on a preliminary determination that there is clear evidence that increased imports have caused or are threatening to cause serious injury to the domestic industry.
2. The duration of the provisional bilateral safeguard measure shall not exceed 200 days and shall take the form of tariff increases, which shall be promptly refunded if the investigation does not determine that increased imports have caused or threatened to cause serious injury to a domestic industry. This period shall be computed as part of the duration of the definitive measure and its extension.
Provisional Bilateral Safeguard Measures. 1. In critical circumstances where delay would cause damage that would bedifficult to repair, a Party may apply a safeguard measure on a provisional basis pursuant to a preliminary determination by its competent authorities that there is clear evidence that imports of an originating good from the other Party have increased as the result of the reduction or elimination of a customs duty under this Agreement, and such imports constitute a substantial cause of serious injury, or threat thereof, to the domestic industry.
2. Before a Party applies a provisional bilateral safeguard measure it shall notify the other Party. This notification shall contain all relevant information, including preliminary evidence of serious injury or threat thereof caused by increased imports, a precise description of the product involved and the proposed measure, as well as the proposed date of introduction, expected duration. A Party shall not apply a provisional measure until at least 45 days after the date its competent authorities initiate an investigation, in order to allow interested parties to submit evidence and views regarding the imposition of a provisional measure.
3. The duration of any provisional measure shall not exceed 200 days, during which time the Party shall comply with the requirements of Article 4.
Provisional Bilateral Safeguard Measures. 1. In critical circumstances, where any delay would cause injury which would be difficult to repair, a Party may apply a provisional bilateral safeguard measure pursuant to a preliminary determination that there is clear evidence that increased imports from the other Party have caused or are threatening to cause serious injury to the domestic industry.
2. The duration of the provisional bilateral safeguard shall not exceed two hundred (200) days, shall take any of the forms provided for in Article 8.1.2 and shall comply with the relevant requirements of Articles 8.1 and 8.
3. Guarantees or funds received for provisional measures shall be released or reimbursed promptly, when the investigation does not determine that increased imports have caused or threatened to cause serious injury to the domestic industry. The duration of any provisional bilateral safeguard measure shall be counted as part of the duration of a definitive bilateral safeguard measure.
