Common use of Provisional Measures Clause in Contracts

Provisional Measures. 1. In critical circumstances where delay would cause damage which would be difficult to repair, a Party may apply a provisional measure, which shall take the form of the measure set out in Article 5.6(1)(a) or 1(b) (Application of Safeguard Measures), pursuant to a preliminary determination that there is clear evidence that increased imports of an originating product of the other Party as a result of the reduction or elimination of a duty pursuant to this Agreement have caused or are threatening to cause serious injury. 2. The duration of such a provisional measure shall as far as possible not exceed 120 days, but shall not extend beyond 200 days, during which period the pertinent requirements of Articles 5.5 (Definitions) to 5.8 (Investigation) shall be met. The duration of any such provisional measure shall be counted as part of the total period referred to in Article 5.7 (Scope and Duration of Safeguard Measures). 3. Any additional Customs duties collected as a result of such a provisional measure shall be promptly refunded if the subsequent investigation referred to in Article 5.8 (Investigation) does not determine that increased imports of an originating product of the other Party have caused or threatened to cause serious injury to a domestic industry. In such a case, the Party that applied the provisional measure shall apply the rate of Customs duty set out in its Tariff Schedule in Annex 1 (Schedules of Tariff Commitments) as if the provisional measure had never applied.

Provisional Measures. 1. In critical circumstances where delay would cause damage which would be difficult to repair, a Party may apply a provisional measure, which shall take the form of the measure set out in Article 5.6(1)(aparagraphs (a) or 1(b(b) of Article 8.2 (Application of Safeguard Measures), pursuant to a preliminary determination that there is clear evidence that increased imports of an originating product of the other Party as a result of the reduction or elimination of a duty pursuant to this Agreement have caused or are threatening to cause serious injury. 2. The duration of such a provisional measure shall as far as possible not exceed 120 days, but shall not extend beyond 200 days, during which period the pertinent requirements of Articles 5.5 8.1 (Definitions) to 5.8 8.4 (Investigation) shall be met. The duration of any such provisional measure shall be counted as part of the total period referred to in Article 5.7 8.3 (Scope and Duration of Safeguard Measures). 3. Any additional Customs customs duties collected as a result of such a provisional measure shall be promptly refunded if the subsequent investigation referred to in Article 5.8 8.4 (Investigation) does not determine that increased imports of an originating product of the other Party have caused or threatened to cause serious injury to a domestic industry. In such a case, the Party that applied the provisional measure shall apply the rate of Customs customs duty set out in its Tariff Schedule in Annex 3-1 (Schedules of Tariff Commitments) as if the provisional measure had never applied.

Provisional Measures. ‌ 1. In critical circumstances where delay would cause damage which would be difficult to repair, a Party may apply a provisional measure, which shall take the form of the measure set out in Article 5.6(1)(aparagraphs (a) or 1(b(b) of Article 8.2 (Application of Safeguard Measures), pursuant to a preliminary determination that there is clear evidence that increased imports of an originating product of the other Party as a result of the reduction or elimination of a duty pursuant to this Agreement have caused or are threatening to cause serious injury. 2. The duration of such a provisional measure shall as far as possible not exceed 120 days, but shall not extend beyond 200 days, during which period the pertinent requirements of Articles 5.5 8.1 (Definitions) to 5.8 8.4 (Investigation) shall be met. The duration of any such provisional measure shall be counted as part of the total period referred to in Article 5.7 8.3 (Scope and Duration of Safeguard Measures). 3. Any additional Customs customs duties collected as a result of such a provisional measure shall be promptly refunded if the subsequent investigation referred to in Article 5.8 8.4 (Investigation) does not determine that increased imports of an originating product of the other Party have caused or threatened to cause serious injury to a domestic industry. In such a case, the Party that applied the provisional measure shall apply the rate of Customs customs duty set out in its Tariff Schedule in Annex 3-1 (Schedules of Tariff Commitments) as if the provisional measure had never applied.