Special Safeguard Measures Clause Samples
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Special Safeguard Measures. For purposes of Article 3.13, goods originating in Brunei Darussalam, New Zealand or Singapore that may be subject to a special safeguard measure and the trigger levels for each such good are set out below: 0402.1000 -In powder, granules or other solid forms, of a fat content, by weight, not exceeding 1.5 % Basket 1 - In powder, granules or other solid forms, of a fat content, by weight, exceeding 1.5%:
Special Safeguard Measures. 1. The Parties may apply a special safeguard measures (SSM) at any given time in a calendar year, for those products included in Annex 3.13 (Products subject to Special Safeguard Measures), whenever the imports of a product from the other Party have exceeded the trigger levels established in Annex 3.13. The trigger levels shall be a percentage of the yearly average growth of those imports made during the last 3 calendar years; as long as there have been imports consecutively in those years.
2. The SSM application shall consist of a tariff increase to the level of the MFN customs tariff established either at the time of importation or on July 31 2005, whichever is lower.
3. The SSM application is not subject to any kind of compensation.
4. The SSM duration period shall be of up to eighteen (18) months, renewable for an equal period of time. The Party shall notify the other Party of its intention to extend said measure at least thirty (30) days before the due date, if the conditions that caused it persist.
5. The adopted SSM shall take effect on the day that said measure is published in the media designated by each Party’s legislation, taking into account all relevant information that justifies its entry into force. The Party imposing the measures shall notify it to the other Party at least fifteen (15) days before its entry into force.
6. Notwithstanding the application of the SSM, the Parties shall be able to hold consultations at any time in order to exchange information and with the goal of reaching mutually beneficial agreements.
7. Whenever new products are incorporated into the Tariff Reduction Schedule included in Annex 3.04 (Tariff Reduction Schedule) the Parties shall be able to include them in Annex 3.13 (Products subject to Special Safeguard Measures).
8. The SSM shall not apply to those products listed under the exclusion category or subject to a tariff quota system.
Special Safeguard Measures. 1. The Parties may apply a Special Safeguard Measure (SSM) at any given time in a calendar year, for those goods included in Annex 3.14, whenever the percentage of the average imports of a good have exceeded the trigger levels established in Annex 3.14. The percentage shall be the average imports from the other Party to the average imports from the globe during the last three (3) years with importation, within the previous five (5) years.
2. The SSM application shall consist of a tariff increase to the level of the MFN customs tariff established either at the time of importation or the one referred on the base rate, whichever is lower.
3. The SSM application is not subject to any kind of compensation.
4. The SSM duration period shall be maintained until the end of the year.
5. The adopted SSM shall be effective on the day that said measure is published in the media designated by each Party’s legislation, taking into account all relevant information that justifies its entry into force. The Party imposing the measure shall notify it to the other Party at least thirty (30) days before its application.
6. Notwithstanding the application of the SSM, the Parties shall be able to hold consultations at any time in order to exchange information and try to reach mutually beneficial agreements.
7. Whenever new goods are incorporated into the Tariff Reduction Schedule included in Annex 3.04, the Parties shall be able to include them in Annex 3.14 in accordance to the national legislation.
8. The SSM shall not apply to the goods listed under the exclusion category or subject to a tariff quota system.
Special Safeguard Measures. 1. The Parties may apply a Special Safeguard Measure (SSM) at any given time in a calendar year, for those goods included in Annex 3.14, whenever the percentage of the average imports of a good have exceeded the trigger levels established in Annex 3.14. The percentage shall be the average imports from the other Party to the average imports from the globe during the last three (3) years with importation, within the previous five (5) years. 2. The SSM application shall consist of a tariff increase to the level of the MFN customs tariff established either at the time of importation or the one referred on the base rate, whichever is lower.
3. The SSM application is not subject to any kind of compensation. 4. The SSM duration period shall be maintained until the end of the year. 5. The adopted SSM shall be effective on the day that said measure is published in the media designated by each Party's legislation, taking into account all relevant information that justifies its entry into force. The Party imposing the measure shall notify it to the other 3-9 Party at least thirty (30) days before its application.