Common use of Provisional Safeguard Measures Clause in Contracts

Provisional Safeguard Measures. 1. In critical circumstances, where delay would cause damage which would be difficult to repair, a Party may apply a provisional safeguard measure pursuant to a preliminary determination that there is clear evidence that the increased imports have caused or are threatening to cause serious injury to a domestic industry. 2. The duration of the provisional safeguard measure may not exceed 180 days and will adopt any of the forms set out in paragraph 2 of Article 70 (Imposition of a Safeguard Measure) of this Section during which the pertinent requirements of Article 70 (Imposition of a Safeguard Measure) and Article 72 (Investigation Procedures and Transparency Requirements) shall be met. The guarantees or the received funds arising from the imposition of a provisional safeguard measure shall be promptly liberated or refunded, as it corresponds, when the investigation does not determine that increased imports have caused or threaten to cause serious injury to a domestic industry. The duration of any such provisional safeguard measure shall be counted as a part of the period of a safeguard measure.

Appears in 4 contracts

Samples: Free Trade Agreement, Free Trade Agreement, Free Trade Agreement

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