Chapter 6 - Trade remedies
Section 1: General Trade Remedies
Article 60 Definitions
For the purposes of this Chapter:
Safeguards Agreement means the Agreement on Safeguards, which is part of the WTO Agreement.
Article 61 General Provisions
1. The Parties maintain their rights and obligations under the WTO Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994, the WTO Agreement on Subsidies and Countervailing Measures, Article XIX of GATT 1994 and the Safeguards Agreement.
2. The Parties agree to carry out any action taken pursuant to this Chapter in a transparent manner.
Article 62 Anti-Dumping
1. The Parties agree not to take any action pursuant to the WTO Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 in an arbitrary or protectionist manner.
2. Notwithstanding Article 61.1, as soon as possible following the acceptance of a properly documented application from an industry in one Party for the initiation of an anti-dumping investigation in respect of goods from the other Party, the Party that has accepted the properly documented application shall notify the relevant contact point in the other Party.
Article 63 Subsidies and Countervailing Measures
Neither Party shall introduce or maintain any form of export subsidy on any goods destined for the territory of the other Party.
Article 64 Global Safeguard Measures
1. A Party taking any measure pursuant to Article XIX of GATT 1994 and the Safeguards Agreement may exclude imports of an originating good from the other Party from the action if such imports are non-injurious.
2. A Party shall advise the relevant contact point of the other Party of any safeguard action on initiation of an investigation and the reasons for it.
Article 65 Cooperation and Consultation
1. The Parties recognise that there is a benefit in officials from both Parties cooperating and working to ensure each Party has a clear understanding of the processes and practices adopted by the other Party in the administration of actions taken pursuant to this Chapter.
2. Each Party shall designate one or more contact points for the purposes of this Chapter and provide details of such contact points to the other Party. The Parties shall notify each other promptly of any amendments to the details of their contact points.
3. A Party may at any time request consultations with the other Party on any matter arising from the operation or implementation of this Chapter. Such consultations shall be conducted through the relevant contact points, and shall take place within 30 days of the request, unless the Parties mutually determine otherwise.
- Page last updated: 02 July 2010