Common use of Provisional Bilateral Safeguard Measures Clause in Contracts

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 causedamage which it would be difficult to repair, a Party may take maytake a provisional bilateral safeguard measure pursuant to a toa preliminary determination that there is clear evidence that evidencethat increased imports have caused or are threatening to cause tocause serious injury to a domestic industry. 2. A Party shall deliver a written notice in English to the tothe other Party prior to applying a provisional bilateral safeguard bilateralsafeguard measure. Consultations on such measure shall take place promptly after such measure is taken. . 3. The duration of the provisional bilateral safeguard measure 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 of the ofthe period referred to in paragraph 5 of Article 53. . 4. Paragraphs 2 through 4 and 12 of Article 53 shall be applied beapplied mutatis mutandis to the provisional bilateral safeguard bilateralsafeguard measure. The customs duty imposed as a result of such measure shall be refunded within 60 days if the subsequent thesubsequent investigation referred to in Article 55 does not determine notdetermine that increased imports have caused or threatened to threatenedto cause serious injury to a domestic industry.