Common use of Provisional Safeguard Measures Clause in Contracts

Provisional Safeguard Measures. In critical circumstances where delay would cause damage which it would be difficult to repair, a Party may take a provisional safeguard measure pursuant to a preliminary determination that there is clear evidence that increased imports have caused or are threatening to cause serious injury. The duration of the provisional safeguard measure shall not exceed 200 days, during which period the pertinent requirements of Articles 67, 68 and 69 shall be met. Such a provisional safeguard measure shall take the form of an increase in the rate of customs duty not exceeding the lesser of the rates in Article 67.2(b), which shall be promptly refunded if the subsequent investigation does not determine that increased imports have caused or threatened to cause serious injury to a domestic industry. The duration of any such provisional safeguard measure shall be counted as a part of the initial period and any extension of a safeguard measure.

Provisional Safeguard Measures. 1. In critical circumstances circumstances, where delay would cause damage which it would be difficult to repair, a Party may take a provisional safeguard measure pursuant to a preliminary determination that there is clear evidence that increased imports have caused or are threatening to cause serious injury. 2. The duration of the provisional safeguard measure shall not exceed 200 days, days during which period the pertinent requirements of Articles 67Article 5.4, 68 Article 5.5, Article 5.6 and 69 Article 5.8 shall be met. Such a provisional safeguard measure shall take the form of an increase in the rate of customs duty not exceeding the lesser of the rates in Article 67.2(b)5.4, which shall be promptly refunded if the subsequent investigation does not determine that increased imports have caused or threatened to cause serious injury to a domestic industry. The duration of any such provisional safeguard measure shall be counted as a part of the initial period and any extension duration of a safeguard measurethe measure set out in Article 5.5.