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

Scope and Duration of Safeguard Measures. 1. A Party shall apply a safeguard measure for such period of time as may be necessary to prevent or remedy serious injury and to facilitate adjustment. A Party may apply a safeguard measure for an initial period of no longer than two years. The period of a safeguard measure may be extended by up to one year provided that the conditions of this Chapter are met and that the safeguard measure continues to be applied to the extent necessary to prevent or remedy serious injury and that there is evidence that the industry is adjusting. The total period of a safeguard measure, including any extensions thereof, shall not exceed three years. 2. Regardless of its duration or whether it has been subject to extension, a safeguard measure on a product shall terminate at the end of the transition period for such product. No new safeguard measure may be applied to a product after the end of the transition period. 3. In order to facilitate adjustment in a situation where the proposed duration of a safeguard measure is over one year, the Party applying the safeguard measure shall progressively liberalise it at regular intervals during the application of the safeguard measure, including at the time of any extension. 4. A Party shall not apply a safeguard or provisional measure again on the same originating product for a period of time equal to the duration of the previous safeguard measure or two years, whichever is longer. 5. A Party shall not apply a safeguard or provisional measure on an originating product that is subject to a measure that the Party has applied pursuant to Article XIX of GATT 1994 and the WTO Agreement on Safeguards, or the WTO Agreement on Agriculture. When a Party intends to apply, pursuant to Article XIX of GATT 1994 and the WTO Agreement on Safeguards, or the WTO Agreement on Agriculture, a measure on a product to which a safeguard measure is being applied, it shall terminate the safeguard measure prior to the imposition of the action to be applied pursuant to Article XIX of GATT 1994 and the WTO Agreement on Safeguards, or the WTO Agreement on Agriculture. 6. Each Party shall not apply a safeguard or provisional measure on an originating product imported up to the limit of quota quantities granted under tariff rate quotas applied in accordance with its Tariff Schedule in Annex 1 (Schedules of Tariff Commitments). 7. On the termination of a safeguard measure, the Party that applied the measure shall apply the rate of Customs duty in effect as set out in its Tariff Schedule as specified in Annex 1 (Schedules of Tariff Commitments) on the date of termination as if the safeguard measure had never been applied.

Scope and Duration of Safeguard Measures. 1. A Party shall apply a safeguard measure for such period of time as may be necessary to prevent or remedy serious injury and to facilitate adjustment. A Party may apply a safeguard measure for an initial period of no longer than two years. The period of a safeguard measure may be extended by up to one year provided that the conditions of this Chapter are met and that the safeguard measure continues to be applied to the extent necessary to prevent or remedy serious injury and that there is evidence that the industry is adjusting. The total period of a safeguard measure, including any extensions thereof, shall not exceed three years. 2. Regardless of its duration or whether it has been subject to extension, a safeguard measure on a product shall terminate at the end of the transition period for such product. No new safeguard measure may be applied to a product after the end of the transition period. 3. In order to facilitate adjustment in a situation where the proposed duration of a safeguard measure is over one year, the Party applying the safeguard measure shall progressively liberalise it at regular intervals during the application of the safeguard measure, including at the time of any extension. 4. A Party shall not apply a safeguard or provisional measure again on the same originating product for a period of time equal to the duration of the previous safeguard measure or two years, whichever is longerproduct. 5. An investigation shall be promptly terminated without any bilateral safeguard measure being applied if imports of the originating good represent less than eight % of total imports. 6. A Party shall not apply a safeguard or provisional measure on an originating product that is subject to a measure that the Party has applied pursuant to Article XIX of GATT 1994 and the WTO Agreement on SafeguardsSafeguards (hereinafter referred to as the "Safeguards Agreement"), or the WTO Agreement on AgricultureAgriculture or Article VI of GATT 1994 and the WTO Agreement on Implementation of Article VI of GATT 1994 (hereinafter referred to as the "Anti-dumping Agreement"). 7. When a Party intends to apply, pursuant to Article XIX of GATT 1994 and the WTO Agreement on SafeguardsSafeguards Agreement, or the WTO Agreement on AgricultureAgriculture or Article VI of GATT 1994 and the Anti-dumping Agreement, a measure on a product to which a safeguard measure is being applied, it shall terminate the safeguard measure prior to the imposition of the action to be applied pursuant to Article XIX of GATT 1994 and the WTO Agreement on SafeguardsSafeguards Agreement, or the WTO Agreement on AgricultureAgriculture or Article VI of GATT 1994 and the Anti-dumping Agreement. 6. Each Party shall not apply a safeguard or provisional measure on an originating product imported up to the limit of quota quantities granted under tariff rate quotas applied in accordance with its Tariff Schedule in Annex 1 (Schedules of Tariff Commitments). 78. On the termination of a safeguard measure, the Party that applied the measure shall apply the rate of Customs customs duty in effect as set out in its Tariff Schedule as specified in Annex 3-1 (Schedules of Tariff Commitments) on the date of termination as if the safeguard measure had never been applied.

Scope and Duration of Safeguard Measures. 1. A Party shall apply a safeguard measure for such period of time as may be necessary to prevent or remedy serious injury and to facilitate adjustment. A Party may apply a safeguard measure for an initial period of no longer than two years. The period of a safeguard measure may be extended by up to one year provided that the conditions of this Chapter are met and that the safeguard measure continues to be applied to the extent necessary to prevent or remedy serious injury and that there is evidence that the industry is adjusting. The total period of a safeguard measure, including any extensions thereof, shall not exceed three years. 2. Regardless of its duration or whether it has been subject to extension, a safeguard measure on a product shall terminate at the end of the transition period for such product. No new safeguard measure may be applied to a product after the end of the transition period. 3. In order to facilitate adjustment in a situation where the proposed duration of a safeguard measure is over one year, the Party applying the safeguard measure shall progressively liberalise it at regular intervals during the application of the safeguard measure, including at the time of any extension. 4. A Party shall not apply a safeguard or provisional measure again on the same originating product for a period of time equal to the duration of the previous safeguard measure or two years, whichever is longerproduct. 5. An investigation shall be promptly terminated without any bilateral safeguard measure being applied if imports of the originating good represent less than eight % of total imports. 6. A Party shall not apply a safeguard or provisional measure on an originating product that is subject to a measure that the Party has applied pursuant to Article XIX of GATT 1994 and the WTO Agreement on SafeguardsSafeguards (hereinafter referred to as the “Safeguards Agreement”), or the WTO Agreement on AgricultureAgriculture or Article VI of GATT 1994 and the WTO Agreement on Implementation of Article VI of GATT 1994 (hereinafter referred to as the “Anti-dumping Agreement”). 7. When a Party intends to apply, pursuant to Article XIX of GATT 1994 and the WTO Agreement on SafeguardsSafeguards Agreement, or the WTO Agreement on AgricultureAgriculture or Article VI of GATT 1994 and the Anti-dumping Agreement, a measure on a product to which a safeguard measure is being applied, it shall terminate the safeguard measure prior to the imposition of the action to be applied pursuant to Article XIX of GATT 1994 and the WTO Agreement on SafeguardsSafeguards Agreement, or the WTO Agreement on AgricultureAgriculture or Article VI of GATT 1994 and the Anti-dumping Agreement. 6. Each Party shall not apply a safeguard or provisional measure on an originating product imported up to the limit of quota quantities granted under tariff rate quotas applied in accordance with its Tariff Schedule in Annex 1 (Schedules of Tariff Commitments). 78. On the termination of a safeguard measure, the Party that applied the measure shall apply the rate of Customs customs duty in effect as set out in its Tariff Schedule as specified in Annex 3-1 (Schedules of Tariff Commitments) on the date of termination as if the safeguard measure had never been applied.