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.
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 paragraph 2 of Article 30, 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. The duration of a provisional bilateral safeguard measure shall not exceed 200 days. During that period, the pertinent requirements of Articles 34 and 35 shall be met. The duration of the provisional bilateral safeguard measure shall be counted as a part of the period referred to in paragraph 1 of Article 31. 3. Paragraph 3 of Article 31 shall apply, mutatis mutandis, to a provisional bilateral safeguard measure. The customs duty imposed as a result of the provisional bilateral safeguard measure or its guarantees shall be refunded or liberated, in accordance with domestic laws and regulations, if the subsequent investigation referred to in paragraph 1 of Article 32 does not determine that increased imports of an originating good of the other Party have caused serious injury or threat of serious injury to a domestic industry.
Provisional Bilateral Safeguard Measures. 1. In critical circumstances, where delay would causedamage which it would be difficult to repair, a Party maytake a provisional bilateral safeguard measure pursuant toa preliminary determination that there is clear evidencethat increased imports have caused or are threatening tocause serious injury to a domestic industry. 2. A Party shall deliver a written notice in English tothe other Party prior to applying a provisional bilateralsafeguard measure. Consultations on such measure shall take place promptly after such measure is taken. 3. The duration of the provisional bilateral safeguardmeasure 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 ofthe period referred to in paragraph 5 of Article 53. 4. Paragraphs 2 through 4 and 12 of Article 53 shall beapplied mutatis mutandis to the provisional bilateralsafeguard measure. The customs duty imposed as a result of such measure shall be refunded within 60 days if thesubsequent investigation referred to in Article 55 does notdetermine that increased imports have caused or threatenedto 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.
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 2.10 shall be met. The duration of the provisional bilateral safeguard measure shall be counted as a part of the period referred to in paragraph 1 of Article
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 8.2 and 8.4 shall be met. The guarantees or received funds arising from the imposition of a provisional bilateral safeguard measure shall be promptly liberated or refunded, as it corresponds, when the investigation does not determine that increased imports constitute a substantial cause of serious injury, or threat thereof, to a domestic industry. The duration of any such provisional bilateral safeguard measure shall be counted as part of the duration of a bilateral safeguard measure.
