Page 269 - Regional Comprehensive Economic Partnership (RCEP)

CHAPTER 7 (h) transitional RCEP safeguard measure means a
safeguard measure described in Article 7.2 (Application of
TRADE REMEDIES Transitional RCEP Safeguard Measures); and

(i) transitional safeguard period means, in relation to a
SECTION A particular good, the period from the date of entry into force
RCEP SAFEGUARD MEASURES of this Agreement until eight years after the date on which
the elimination or reduction of the customs duty on that
good is completed, in accordance with a Party’s Schedule
Article 7.1: Definitions of tariff commitments in Annex I (Schedules of Tariff
Commitments).
For the purposes of this Chapter:

(a) confidential information includes information which is Article 7.2: Application of Transitional RCEP Safeguard Measures
provided on a confidential basis and which is by its nature
confidential (for example, because its disclosure would be 1. If, as a result of the reduction or elimination of a customs duty
of significant competitive advantage to a competitor or under this Agreement, an originating good of another Party or
because its disclosure would have a significantly adverse Parties collectively is being imported into the territory of a Party in
effect upon a person supplying the information or upon a such increased quantities, in absolute terms or relative to
person from whom that person acquired the information); domestic production, and under such conditions as to cause or
threaten to cause serious injury to its domestic industry producing
(b) customs duty means customs duties as defined in a like or directly competitive good, the importing Party may, to the
subparagraph (b) of Article 2.1 (Definitions); extent necessary to prevent or remedy the serious injury to its
domestic industry and to facilitate its domestic industry’s
(c) domestic industry means, with respect to an imported adjustment:
good, the producers as a whole of the like or directly
competitive goods operating within the territory of a Party, (a) suspend the further reduction of any rate of customs duty
or those producers whose collective output of the like or provided for in this Agreement on the originating good; or
directly competitive goods constitutes a major proportion of
the total domestic production of that good; (b) increase the rate of customs duty on the originating good
to a level not to exceed the lesser of:
(d) originating good means an originating good as defined in
subparagraph (l) of Article 3.1 (Definitions); (i) the most-favoured-nation applied rate of customs
duty in effect on the day when the transitional RCEP
(e) provisional RCEP safeguard measure means a safeguard measure is applied; or
safeguard measure described in paragraph 1 of Article 7.8
(Provisional RCEP Safeguard Measures); (ii) the most-favoured-nation applied rate of customs
duty in effect on the day immediately preceding the
(f) serious injury means a significant overall impairment in date of entry into force of this Agreement for that
the position of a domestic industry; Party.

(g) threat of serious injury means serious injury that, on the 2. The Parties understand that neither tariff rate quotas nor
basis of facts and not merely on allegation, conjecture, or quantitative restrictions are permissible forms of transitional
remote possibility, is clearly imminent; RCEP safeguard measures.

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