MEASURE AND PRODUCT AT ISSUE Clause Samples

The "Measure and Product at Issue" clause defines the specific metrics or products that are subject to evaluation or dispute under the agreement. In practice, this clause identifies which data points, measurements, or deliverables are being referenced when determining compliance, performance, or triggering certain contractual rights or remedies. For example, it may specify a particular product batch or a set of performance indicators that are in question. The core function of this clause is to ensure clarity and precision in identifying what is being assessed or contested, thereby reducing ambiguity and potential disagreements between the parties.
MEASURE AND PRODUCT AT ISSUE. Measure at issue: Certain provisions under Canada's Patent Act: (i)”regulatory review provision (Sec. 55.2(1))”2; and (ii)”stockpiling provision (Sec. 55.2(2))” that allowed general drug manufacturers to override, in certain situations, the rights conferred on a patent owner. • Product at issue: Patented pharmaceuticals from the European Communities.
MEASURE AND PRODUCT AT ISSUE. Measure at issue: Chile's tax measures that imposed an excise tax at different rates – depending on the type of product (pisco, whisky, etc.) under the “Transitional System” and according to the degree of alcohol content (35°, 36°, ... 39°) under the “New Chilean System”. • Product at issue: All distilled spirits falling within HS heading 2208, including pisco (Chile's domestic product) and imported distilled spirits such as whisky, vodka, rum, gin, etc.
MEASURE AND PRODUCT AT ISSUE. Measure at issue: Imposition of anti-dumping and countervailing measures by China. • Product at issue: Broiler chicken products from the United States.
MEASURE AND PRODUCT AT ISSUE. Measures at issue: Anti-dumping measures imposed by the United States Department of Commerce (USDOC) following an investigation. • Product at issue: Certain softwood lumber products from Canada.
MEASURE AND PRODUCT AT ISSUE. Measure at issue: Certain United States' laws, methodologies and practices with respect to the imposition, assessment and collection of anti-dumping duties as well as certain United States' determinations in the United States' anti-dumping proceedings on frozen warmwater shrimp from Viet Nam. • Product at issue: Frozen warmwater shrimp from Viet Nam.
MEASURE AND PRODUCT AT ISSUE. Measure at issue: The definitive safeguard measure imposed by Ukraine in April 2013 for three years on products at issue from all sources, and the investigation that led to the imposition of this measure. • Products at issue: Certain passenger cars (no more than eight passenger sitting places).
MEASURE AND PRODUCT AT ISSUE. Measures at issue: Withholding tax on payments of interest or remuneration (measure 1); presumption of unjustified increase in wealth (measure 2); transaction valuation based on transfer prices (measure 3); payment received rule for the allocation of expenditure (measure 4); requirements relating to reinsurance services (measure 5); requirements for access to the Argentine capital market (measure 6); requirements for the registration of branches (measure 7); and a foreign exchange authorization requirement (measure 8). • Products and services at issue: Services and service suppliers from countries that Argentina qualified as countries not cooperating for tax transparency purposes.
MEASURE AND PRODUCT AT ISSUE. Measure at issue: Exemptions from, or reductions of, customs duties or taxes, and granting by the government of India of freely transferable notes (scrips) to be used to satisfy certain liabilities vis-à-vis the government. The United States challenged five measures: (i) Export Oriented Units Scheme and Sector-Specific (EOU/EHTP/BTP) Schemes; (ii) Merchandise Exports from India Scheme (▇▇▇▇); (iii) Export Promotion Capital Goods (EPCG) Scheme; (iv) Special Economic Zones (SEZ) Scheme; and (v) Duty-Free Imports for Exporters Scheme (DFIS).
MEASURE AND PRODUCT AT ISSUE. Measure at issue: US safeguard measure on certain imports. • Product at issue: Circular-welded carbon quality line pipe imported from Korea.
MEASURE AND PRODUCT AT ISSUE. Measure at issue: United States’ country of origin labelling (COOL) requirements for beef and pork contained in the Agricultural Marketing Act of 1946, as amended by the Farm Bills 2002 and 2008, and implemented by the USDA through its 2009 Final Rule on Mandatory Country of Origin Labelling (instruments comprising “the COOL measure”); and the letter to “Industry Representative” from the United States Secretary of Agriculture, ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ (▇▇▇▇▇▇▇ letter). • Product at issue: Imported cattle and hogs used in the production of beef and pork in the United States.