Статья 3.17. Уведомление и консультации / Article 3.17. Notification and Consultation

Article 3.17
Notification and Consultation

1. A Party shall promptly deliver written notice to the other Party upon:

(a) initiating an investigatory process relating to serious injury or threat thereof and the reasons for it;

(b) making a finding of serious injury or threat thereof caused by increased imports; and

(c) taking a decision to apply or extend a bilateral safeguard measure.

2. The investigating authorities shall publish promptly, in accordance with the provisions of paragraph 1 of Article 3.16 (Investigation Procedures and Transparency Requirements), a detailed analysis of the case under investigation as well as a demonstration of the relevance of the factors examined. A Party shall provide to the other Party a copy of the public version of the report of its investigating authority in print or by electronic means via the internet.

3. When a Party makes a notification pursuant to subparagraph 1(b) that it is making a finding of serious injury or threat thereof caused by increased imports, that Party shall include in that notification:

(a) a precise description of the originating good subject to the bilateral safeguard investigation including its HS heading or subheading on which Annex 2 - 1 (Schedules of Tariff Commitments) is based; and

(b) evidence of serious injury, or threat of serious injury, caused by increased imports of an originating good of the other Party as a result of the reduction or elimination of a customs duty pursuant to this Agreement.

4. When a Party makes a notification pursuant to subparagraph 1(c) that it is taking a decision to apply or extend a bilateral safeguard measure, that Party shall include in that notification:

(a) a precise description of the originating good subject to the bilateral safeguard measure including its HS heading or subheading on which Annex 2 - 1 (Schedules of Tariff Commitments) is based;

(b) a precise description of the bilateral safeguard measure;

(c) the date of the bilateral safeguard measure's introduction and its expected duration; and

(d) in the case of an extension of the bilateral safeguard measure, evidence that the domestic industry concerned is adjusting.

5. Upon request of a Party whose good is subject to a bilateral safeguard investigation under this Section, the Party that conducts that investigation shall enter into consultations with the requesting Party to review a notification under paragraphs 3 and 4 or any public notice or report that the investigating authority issued in connection with the investigation. Such consultations shall not prevent the Parties from conducting a bilateral safeguard investigation and shall not impede such investigation or imposition of a measure.