Common use of Provisional Measures Clause in Contracts

Provisional Measures. In critical circumstances where delay would cause damage which it would be difficult to repair, a Party may take a measure described in Article 7.1(a), (b) or (c) on a provisional basis pursuant to a preliminary determination that there is clear evidence that imports from the other Party have increased as the result of the reduction or elimination of a customs duty under this Agreement, and such imports constitute a substantial cause of serious injury, or threat thereof, to the domestic industry. The duration of such provisional measure shall not exceed 200 days, during 7-1 The Parties understand that “safeguard measure” does not include antidumping or countervailing measures. which time the requirements of Articles 7.2.2 and 7.2.3 shall be met. Any tariff increases shall be promptly refunded if the investigation described in Article 7.2.2 does not result in a finding that the requirements of Article 7.1 are met. The duration of any provisional measure shall be counted as part of the period described in Article 7.2.6(b).

Provisional Measures. In critical circumstances where delay would cause damage which it would be difficult to repair, a Party may take a measure described in Article 7.1(a), (b) or (c) on a provisional basis pursuant to a preliminary determination that there is clear evidence that imports from the other Party have increased as the result of the reduction or elimination of a customs duty under this Agreement, and such imports constitute a substantial cause of serious injury, or threat thereof, to the domestic industry. The duration of such provisional measure shall not exceed 200 days, during during 7-1 The Parties understand that “safeguard measure” does not include antidumping or countervailing measures. measures which time the requirements of Articles 7.2.2 and 7.2.3 shall be met. Any tariff increases shall be promptly refunded if the investigation described in Article 7.2.2 does not result in a finding that the requirements of Article 7.1 are met. The duration of any provisional measure shall be counted as part of the period described in Article 7.2.6(b).