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.