Common use of Provisional Bilateral Safeguard Measures Clause in Contracts

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, circumstances where delay would cause damage which would be difficult to repair, a Party may take apply 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 Before applying a provisional bilateral safeguard measure. Consultations between measure the Parties applying Party shall notify the other Party and shall, on the application request of the provisional bilateral safeguard measure shall be initiated immediately other Party, initiate consultations after the provisional bilateral safeguard measure is appliedapplying such a measure. 3. The duration of a provisional bilateral safeguard measure shall not exceed 200 days. During that period, during which period the pertinent requirements of Articles 2.14 and 2.15 7.2 through 7.4 shall be met. Such a provisional bilateral safeguard measure should take the form of a suspension of the further reduction of any rate of duty provided for under this Agreement on the product or an increase in the customs duties to a rate not exceeding the lesser of the rates in Article 7.2.2(b). Any additional customs duties or guarantees collected shall be promptly refunded if the subsequent investigation referred to in Article 7.4.1 determines that increased imports have not caused, or threatened to cause, serious injury to a domestic industry. 4. The duration of the any such provisional bilateral safeguard measure shall be counted as a part of the period referred to described in paragraph 4 of Article 2.157.3. 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 apply a provisional bilateral safeguard measure, which shall take the form of the measure set out in subparagraph 2(a) or (b) paragraph 2 of Article 2.1330, 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 industryindustry of the former Party. 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 34 and 2.15 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 4 1 of Article 2.15. 431. 3. Paragraph 7 3 of Article 2.15 31 shall be applied apply, mutatis mutandis 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 2.14 32 does not determine that increased imports of an originating good of the other Party have caused serious injury or threatened to cause threat of 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 apply a provisional bilateral safeguard measure, which shall take the form of the measure set out in subparagraph 2(a) or (b) paragraph 2 of Article 2.1330, 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 industryindustry of the former Party. 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 34 and 2.15 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 4 1 of Article 2.1531. 43. Paragraph 7 3 of Article 2.15 31 shall be applied apply, mutatis mutandis 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 2.14 32 does not determine that increased imports of an originating good of the other Party have caused serious injury or threatened to cause threat of 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, which shall take the form of the measure set out in subparagraph 2(a) or (b) of Article 2.13, 20 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 appliedtaken. 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 Article 21 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 subparagraph (a) of Article 2.1522. 4. Paragraph 7 Subparagraph (f) of Article 2.15 22 and paragraphs 1 and 2 of Article 26 shall be applied mutatis mutandis to a provisional bilateral safeguard measure. The customs duty imposed as a result of the a provisional bilateral safeguard measure shall be refunded if the subsequent investigation referred to in paragraph 1 of Article 2.14 21 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 apply a provisional bilateral safeguard measure, which shall take the form of the measure set out in subparagraph 2(a) or (b2(b) of Article 2.132.8, 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 industryindustry of the former Party. 2. A Party shall deliver 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 Articles 2.14 and 2.15 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 4 1 of Article 2.152.9. 4. Paragraph 7 Paragraphs 3 through 5 of Article 2.15 2.9 shall be applied apply, mutatis mutandis 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 2.10 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 that would be difficult to repair, a Party may take apply 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 a good originating good of in the other Party have increased as a result of the reduction or elimination or reduction of a customs duty in accordance with Article 2.4 have caused or are threatening to under this Agreement, and that such imports cause serious injury or the threat of serious injury to a the domestic industryindustry or serious deterioration or the threat of serious deterioration in the economic situation of the outermost region or regions. 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 any provisional bilateral safeguard measure shall not exceed 200 days. During that this period, the pertinent requirements of Articles 2.14 and 2.15 Party shall be met. The duration of comply with the provisional relevant procedural rules laid down in Sub-Section 1 (Procedural rules applicable to bilateral safeguard measure shall be counted as a part of the period referred to in paragraph 4 of Article 2.15measures). 4. Paragraph 7 of Article 2.15 shall be applied mutatis mutandis to a provisional bilateral safeguard measure3. The customs duty imposed as a result of the provisional bilateral safeguard measure shall promptly be refunded if the subsequent investigation referred to in paragraph Sub-Section 1 of Article 2.14 (Procedural rules applicable to bilateral safeguard measures) does not determine that the increased imports of an originating the good subject to the provisional bilateral safeguard measure cause serious injury or the threat of serious injury to the domestic industry or serious deterioration or the threat of serious deterioration in the economic situation of the outermost region or regions. 4. The duration of any provisional bilateral safeguard measure shall be counted as part of the period laid down in point (b) of Article 5.9 (1) (Standards for a bilateral safeguard measure). 5. The Party applying a provisional bilateral safeguard measure shall inform the other Party immediately upon applying such a provisional bilateral safeguard measure. 6. At the request of the other Party have caused or threatened to cause serious injury to a domestic industryParty, consultations shall be held immediately after the application of the provisional bilateral safeguard measure.