Common use of Provisional bilateral Clause in Contracts

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.