Common use of Scope and Duration of Safeguard Measures Clause in Contracts

Scope and Duration of Safeguard Measures. 1. A Party may not maintain a safeguard measure: (a) except to the extent, and for such time, as may be necessary to prevent or remedy serious injury and to facilitate adjustment; (b) for a period exceeding two years, except that the period may be extended by up to one year if the competent authorities of that Party determine, in conformity with the procedures referred to in Article 7.8 (Investigation), that the safeguard measure continues to be necessary to prevent or remedy serious injury and to facilitate adjustment and that there is evidence that the industry is adjusting; or (c) for a period exceeding three years, including any extension. 2. Where the expected duration of the safeguard measure is over one year, the importing Party shall ensure that the safeguard measure is progressively liberalised at regular intervals during the period of application. 3. When a Party terminates a safeguard measure on a good, the rate of customs duty for that good shall be no higher than the rate that, according to Annex 1 (Schedules of Tariff Commitments), would have been in effect as if the safeguard measure had never been applied. 4. Regardless of its duration or whether it has been subject to extension, a safeguard measure on a good shall terminate following the end of the transitional safeguard period for such good. 5. A Party may not impose a safeguard measure more than once on imports of any good. 6. A Party shall not apply a safeguard measure to an originating good imported up to the limit of quota quantities granted under tariff rate quotas applied in accordance to Annex 1 (Schedules of Tariff Commitments).

Scope and Duration of Safeguard Measures. 1. A Party may not maintain a safeguard measure: (a) except to the extent, and for such time, as may be necessary to prevent or remedy serious injury and to facilitate adjustment; (b) for a period exceeding two years, except that the period may be extended by up to one year if the competent authorities of that Party determine, in conformity with the procedures referred to in Article 7.8 (Investigation), that the safeguard measure continues to be necessary to prevent or remedy serious injury and to facilitate adjustment and that there is evidence that the industry is adjusting; or (c) for a period exceeding three years, including any extension. 2. Where the expected duration of the safeguard measure is over one year, the importing Party shall ensure that the safeguard measure is progressively liberalised at regular intervals during the period of application. 3. When a Party terminates a safeguard measure on a good, the rate of customs duty for that good shall be no higher than the rate that, according to Annex 1 (Schedules of Tariff Commitments), would have been in effect as if the safeguard measure had never been applied. 4. Regardless of its duration or whether it has been subject to extension, a safeguard measure on a good shall terminate following the end of the transitional safeguard period for such good. 5. A Party may not impose a safeguard measure more than once on imports of any good. . 6. A Party shall not apply a safeguard measure to an originating good imported up to the limit of quota quantities granted under tariff rate quotas applied in accordance to Annex 1 (Schedules of Tariff Commitments).