Common use of Provisional Measures Clause in Contracts

Provisional Measures. In critical circumstances where delay would cause damage that would be difficult to repair, a Party may apply a bilateral safeguard measure on a provisional basis pursuant to a preliminary determination that there is clear evidence that the imports of a good originating in the other Party have increased as the result of the reduction or elimination of a customs duty under this Agreement, and such imports cause serious injury, or a threat thereof, to the domestic industry. The duration of any provisional measure shall not exceed 200 days, during which time the Party shall comply with the requirements of Articles 143(2) and 143(3) of this Agreement. The Party shall promptly refund any duty paid in excess of the customs duty set out in Annex II to this Agreement if the investigation described in Article 143(2) of this Agreement does not result in a finding that the requirements of Article 142 of this Agreement have been met. The duration of any provisional measure shall be counted as part of the period prescribed in Article 143(5)(b) of this Agreement.

Provisional Measures. In critical circumstances where delay would cause damage that would be difficult to repair, a Party may apply a bilateral safeguard measure on a provisional basis pursuant to a preliminary determination that there is clear evidence that the imports of a good originating in the other Party have increased as the result of the reduction or elimination of a customs duty under this Agreement, and such imports cause serious injury, or a threat thereof, to the domestic industry. The duration of any provisional measure shall not exceed 200 days, during which time the Party shall comply with the requirements of Articles 143(2166(2) and 143(3166(3) of this Agreement. The Party shall promptly refund any duty paid in excess of the customs duty set out in Annex II XV to this Agreement if the investigation described in Article 143(2166(2) of this Agreement Agree­ ment does not result in a finding that the requirements of Article 142 165 of this Agreement have been met. The duration of any provisional measure shall be counted as part of the period prescribed in Article 143(5)(b166(5)(b) of this Agreement.. Article 168

Provisional Measures. In critical circumstances where delay would cause damage that would be difficult to repair, a Party may apply a bilateral safeguard measure on a provisional basis pursuant to a preliminary determination that there is clear evidence that the imports of a good originating in the other Party have increased as the result of the reduction or elimination of a customs duty under this Agreementagreement, and such imports cause serious injury, or a threat thereof, to the domestic industry. The duration of any provisional measure shall not exceed 200 days, during which time the Party shall comply with the requirements of Articles 143(2articles 166(2) and 143(3166(3) of this Agreementagreement. The Party shall promptly refund any duty paid in excess of the customs duty set out in Annex II annex Xv to this Agreement agreement if the investigation described in Article 143(2article 166(2) of this Agreement agree­ ment does not result in a finding that the requirements of Article 142 article 165 of this Agreement agreement have been met. The duration of any provisional measure shall be counted as part of the period prescribed in Article 143(5)(barticle 166(5)(b) of this Agreement.agreement. Article 168

Provisional Measures. In critical circumstances where delay would cause damage that would be difficult to repair, a Party may apply a bilateral safeguard measure on a provisional basis pursuant to a preliminary determination that there is clear evidence that the imports of a good originating in the other Party have increased as the result of the reduction or elimination of a customs duty under this Agreement, and such imports cause serious injury, or a threat thereof, to the domestic industry. The duration of any provisional measure shall not exceed 200 days, during which time the Party shall comply with the requirements of Articles 143(2166(2) and 143(3166(3) of this Agreement. The Party shall promptly refund any duty paid in excess of the customs duty set out in Annex II XV to this Agreement if the investigation described in Article 143(2166(2) of this Agreement does not result in a finding that the requirements of Article 142 165 of this Agreement have been met. The duration of any provisional measure shall be counted as part of the period prescribed in Article 143(5)(b166(5)(b) of this Agreement.