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.
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