Common use of Special Agricultural Safeguard Measures Clause in Contracts

Special Agricultural Safeguard Measures. 1. China may apply a special safeguard measure to agricultural goods specified in Table One of Annex 2, in accordance with this Article. 2. If during any given calendar year the volume of imports from New Zealand of an originating good listed in Table One of Annex 2 exceeds the trigger level for that product in that calendar year as set out in Table Two of Xxxxx 0, Xxxxx may apply a special safeguard measure to that product in the form of an additional customs duty. 3. The sum of the additional customs duty applied under paragraph 2 and any other customs duties applied to the product in question shall not exceed the lesser of the most-favoured-nation (“MFN”) applied rate of customs duty in effect on the date on which the special safeguard measure is applied or the base rate. 4. China may maintain a special safeguard measure applied under paragraph 2 only until the end of the calendar year in which China applies the measure. 5. Supplies of the product in question which were en route to China on the basis of a contract settled before the additional customs duty is applied under paragraph 2 shall be exempted from such additional customs duty, provided that they may be counted in the volume of imports of the product in question during the following calendar year for the purposes of a determination under paragraph 2 in that calendar year. 6. Any special safeguard measure shall be applied in a transparent manner. China shall ensure that the volume of imports is published regularly in a manner which is readily accessible to New Zealand, and shall give notice in writing, including relevant data, to New Zealand as far in advance as may be practicable and in any event within 10 days of the implementation of such action. 7. China may not apply or maintain, with respect to the same product, a special safeguard measure and at the same time apply or maintain a measure under Article XIX of GATT 1994 and the WTO Agreement on Safeguards or under Section 2 of Chapter 6 (Trade Remedies) of this Agreement.

Special Agricultural Safeguard Measures. 1. China may apply a special agricultural safeguard measure to agricultural goods products specified in Table One of Annex 2, -B in accordance with this Article. 2. If If, during any given calendar year year, the volume of imports by China from New Zealand Australia of an the originating good products listed in Table One of Annex 2 2-B exceeds the trigger level for that product the products in that calendar year as set out in Table Two of Xxxxx Annex 0-X, Xxxxx may apply a special agricultural safeguard measure to that product the products in the form of an additional customs duty. 3. The sum of the additional customs duty applied under paragraph 2 and any other customs duties applied to the product products in question shall not exceed the lesser of the most-favoured-nation (“MFN”) MFN applied rate of customs duty in effect on the date on which the special agricultural safeguard measure is applied applied, or the base rate. 4. China may maintain a special agricultural safeguard measure applied under paragraph 2 only until the end of the calendar year in which China applies the measure. 5. Supplies of the product products in question which were en route to China on the basis of a contract settled before the additional customs duty special agricultural safeguard measure is applied under paragraph 2 shall be exempted from such additional customs duty, provided that they may shall be counted in the volume of imports of the product products in question during the following calendar year for the purposes of a determination under paragraph 2 in that calendar year. 6. Any special agricultural safeguard measure shall be applied in a transparent manner. China shall ensure that the volume of imports is published regularly in a manner which is readily accessible to New ZealandAustralia, and shall give notice in writing, including relevant data, to New Zealand Australia as far in advance as may be practicable practicable, and in any event within 10 days of the implementation of such actionmeasure. 7. China may not apply or maintain, with respect to the same productproducts, a special agricultural safeguard measure and and, at the same time time, apply or maintain a measure under Article XIX of GATT 1994 and 1994, the WTO Agreement on Safeguards or under Section 2 of Chapter 6 7 (Trade Remedies) of this Agreement. 8. In the last stage of the application of a trigger level for the respective products as set out in Annex 2-B, the Committee on Trade in Goods will conduct a review of the special agricultural safeguard measure. If the review concludes that imports from Australia of the products covered by the special agricultural safeguard measure have not caused serious injury to the corresponding Chinese domestic industry, then the special agricultural safeguard measure for the products will no longer apply. If the Committee determines that serious injury has occurred, then a further review, as specified above, will take place six years later, and every six years thereafter as required.

Special Agricultural Safeguard Measures. 1. China may apply a special agricultural safeguard measure to agricultural goods products specified in Table One of Annex 2, -B in accordance with this Article. 2. If If, during any given calendar year year, the volume of imports by China from New Zealand Australia of an the originating good products listed in Table One of Annex 2 2-B exceeds the trigger level for that product the products in that calendar year as set out in Table Two of Xxxxx Annex 0-X, Xxxxx may apply a special agricultural safeguard measure to that product the products in the form of an additional customs duty. 3. The sum of the additional customs duty applied under paragraph 2 and any other customs duties applied to the product products in question shall not exceed the lesser of the most-favoured-nation (“MFN”) MEN applied rate of customs duty in effect on the date on which the special agricultural safeguard measure is applied applied, or the base rate. 4. China may maintain a special agricultural safeguard measure applied under paragraph 2 only until the end of the calendar year in which China applies the measure. 5. Supplies of the product products in question which were en route to China on the basis of a contract settled before the additional customs duty special agricultural safeguard measure is applied under paragraph 2 shall be exempted from such additional customs duty, provided that they may shall be counted in the volume of imports of the product products in question during the following calendar year for the purposes of a determination under paragraph 2 in that calendar year. 6. Any special agricultural safeguard measure shall be applied in a transparent manner. China shall ensure that the volume of imports is published regularly in a manner which is readily accessible to New ZealandAustralia, and shall give notice in writing, including relevant data, to New Zealand Australia as far in advance as may be practicable practicable, and in any event within 10 days of the implementation of such actionmeasure. 7. China may not apply or maintain, with respect to the same productproducts, a special agricultural safeguard measure and and, at the same time time, apply or maintain a measure under Article XIX of GATT 1994 and 1994, the WTO Agreement on Safeguards or under Section 2 of Chapter 6 7 (Trade Remedies) of this Agreement. 8. In the last stage of the application of a trigger level for the respective products as set out in Annex 2-B, the Committee on Trade in Goods will conduct a review of the special agricultural safeguard measure. If the review concludes that imports from Australia of the products covered by the special agricultural safeguard measure have not caused serious injury to the corresponding Chinese domestic industry, then the special agricultural safeguard measure for the products will no longer apply. If the Committee determines that serious injury has occurred, then a further review, as specified above, will take place six years later, and every six years thereafter as required.

Special Agricultural Safeguard Measures. 1. China may apply a special safeguard measure to agricultural goods specified in Table One of Annex 2, in accordance with this Article. 2. If during any given calendar year the volume of imports from New Zealand of an originating good listed in Table One of Annex 2 exceeds the trigger level for that product in that calendar year as set out in Table Two of Xxxxx 0Annex 2, Xxxxx China may apply a special safeguard measure to that product in the form of an additional customs duty. 3. The sum of the additional customs duty applied under paragraph 2 and any other customs duties applied to the product in question shall not exceed the lesser of the most-favoured-nation (“MFN”) applied rate of customs duty in effect on the date on which the special safeguard measure is applied or the base rate. 4. China may maintain a special safeguard measure applied under paragraph 2 only until the end of the calendar year in which China applies the measure. 5. Supplies of the product in question which were en route to China on the basis of a contract settled before the additional customs duty is applied under paragraph 2 shall be exempted from such additional customs duty, provided that they may be counted in the volume of imports of the product in question during the following calendar year for the purposes of a determination under paragraph 2 in that calendar year. 6. Any special safeguard measure shall be applied in a transparent manner. China shall ensure that the volume of imports is published regularly in a manner which is readily accessible to New Zealand, and shall give notice in writing, including relevant data, to New Zealand as far in advance as may be practicable and in any event within 10 days of the implementation of such action. 7. China may not apply or maintain, with respect to the same product, a special safeguard measure and at the same time apply or maintain a measure under Article XIX of GATT 1994 and the WTO Agreement on Safeguards or under Section 2 of Chapter 6 (Trade Remedies) of this Agreement.