(ii) 90 days with respect to origin.
3. A Party may reject requests for a ruling where the additional information requested by it in accordance with subparagraph 2(c) is not provided within a specified time.
4. Subject to paragraph 5, each Party shall apply a ruling to all importations of goods described in that ruling into its territory through any port of entry within 3 years of the date of that ruling or such other period as required by that Party's domestic legislation.
5. A Party may modify or revoke a ruling:
(a) upon a determination that the ruling was based on an error of fact or law, or the information provided is false or inaccurate;
(b) if there is a change in domestic law consistent with this Agreement; or
(c) if there is a change in a material fact or circumstances on which the ruling is based.
6. Subject to the confidentiality requirements of a Party's domestic law, each Party shall publish its rulings.
7. Where an importer claims that the treatment accorded to an imported good should be governed by a ruling, the customs administration may evaluate whether the facts and circumstances of the importation are consistent with the facts and circumstances upon which a ruling was based.
Article 53. Use of Automated Systems In the Paperless Trading Environment
The customs administrations shall apply information technology to support customs operations, where it is cost-effective and efficient, particularly in the paperless trading context, taking into account developments in this area within the WCO.
Article 54. Risk Management
Each customs administration shall focus resource on high-risk goods and facilitate the clearance of low-risk goods in administering customs procedures.
Article 55. Publication and Enquiry Points
1. Each customs administration shall publish all customs laws and any administrative procedures it applies or enforces.
2. Each customs administration shall designate one or more enquiry points to deal with inquiries from interested persons from either Party on customs matters arising from the implementation of this Agreement, and provide details of such enquiry points to the other customs administration.
3. Each customs administration shall provide the other customs administration with timely notice of any significant modification of customs laws or procedures governing the movement of goods and means of transport that is likely to substantially affect the operation of this Chapter.
Article 56. Express Consignments
Each customs administration shall adopt procedures to expedite the clearance of express consignments.
Article 57. Release of Goods
Each Party shall adopt or maintain procedures which allow goods to be released within 48 hours of arrival unless:
(a) the importer fails to provide any information required by the importing Party at the time of first entry;
(b) the goods are selected for closer examination by the competent authority of the importing Party through the application of risk management techniques;
(c) the goods are to be examined by any agency, other than the competent authority of the importing Party, acting under powers conferred by the domestic legislation of the importing Party; or
(d) fulfilment of all necessary customs formalities has not been able to be completed or release is otherwise delayed by virtue of force majeure.
Article 58. Review of Customs Procedures
1. Each customs administration shall periodically review its procedures with a view to their further simplification and the development of mutually beneficial arrangements to facilitate the flow of trade between the Parties.
2. In applying a risk management approach to customs control, each customs administration shall regularly review the performance, effectiveness and efficiency of its systems.
Article 59. Consultation
1. Either customs administration may at any time request consultations with the other customs administration 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 customs administrations of the Parties mutually determine otherwise.
2. In the event that such consultations fail to resolve any such matter, the requesting Party may refer the matter to the Committee on Trade in Goods for consideration.
3. Each customs administration shall designate one or more contact points for the purposes of this Chapter and provide details of such contact points to the other Party. Customs administrations of the Parties shall notify each other promptly of any amendments to the details of their contact points.
4. Customs administrations may consult each other on any trade facilitation issues arising from procedures to secure trade and the movement of means of transport between the Parties.
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.
Section 2. Bilateral Safeguard Measures
Article 66. Definitions
For the purposes of this Section:
domestic industry means, with respect to an imported product, the producers as a whole of the like or directly competitive product or those producers whose collective production of the like or directly competitive product constitutes a major proportion of the total domestic production of such product;
provisional safeguard measure means a provisional safeguard measure described in Article 70;
safeguard measure means a safeguard measure described in Article 67.2;
serious injury means a significant overall impairment in the position of a domestic industry;
threat of serious injury means serious injury that, on the basis of facts and not merely on allegation, conjecture or remote possibility, is clearly imminent;
transition period means the 3 year period beginning on the date of entry into force of this Agreement; except that in the case of a product where the liberalization process lasts 5 or more years, the transition period shall be the period in which such a product reaches zero tariff according to the Schedule as set out in Annex 1 plus 2 years.
Article 67. Application of a Bilateral Safeguard Measure
1. If, as a result of the reduction or elimination of a customs duty provided for in this Agreement, a product benefiting from preferential tariff treatment under this Agreement is being imported into the territory of a Party in such increased quantities, in absolute terms or relative to the domestic production and under such conditions as to cause serious injury or threat thereof to a domestic industry producing a like or directly competitive product, the importing Party may apply a safeguard measure described in paragraph 2, during the transition period.
2. If the conditions in paragraph 1 are met, a Party may, only to the extent as may be necessary to prevent or remedy serious injury, or threat thereof, and to facilitate adjustment:
(a) suspend the further reduction of any rate of customs duty on the product provided for under this Agreement; or
(b) increase the rate of customs duty on the product to a level not exceeding the lesser of:
(i) the MFN applied rate of duty in effect on the product on the day immediately preceding the date of entry into force of this Agreement; or
(ii) the MFN applied rate of customs duty in effect on the product on the date on which the safeguard measure is applied.
Article 68. Standards for a Bilateral Safeguard Measure
1. A Party may apply a safeguard measure for an initial period of no longer than 2 years. The period of a safeguard measure may be extended for a period not exceeding 1 year provided that the competent authorities of the importing Party have determined, in accordance with the procedures set out in Article 69, that the continued application of the measure is necessary to prevent or remedy serious injury and that the industry is adjusting. Regardless of its duration, a safeguard measure shall terminate at the end of the transition period. No new safeguard measure may be applied to a product after that date.
2. A Party shall not apply a safeguard measure or provisional safeguard measure again on a product which has been subject to such a measure for a period of time equal to that during which such a measure had been previously applied, provided that the period of non-application is at least 2 years.
3. Neither Party may apply a safeguard measure on a product that is subject to a measure that the Party has applied pursuant to Article XIX of GATT 1994 and the Safeguards Agreement, and neither Party may continue maintaining a safeguard measure on a product that becomes subject to a measure that the Party applies pursuant to Article XIX of GATT 1994 and the Safeguards Agreement.
4. On the termination of a safeguard measure, the rate of duty shall be the customs duty set out in the Party's Schedule to Annex 1 as if the safeguard measure had never been applied.
Article 69. Investigation Procedures and Transparency Requirements
1. The importing Party may apply a safeguard measure under this Section only following an investigation by its competent authorities in accordance with Article 3 of the Safeguards Agreement; and to this end, Article 3 of the Safeguards Agreement is incorporated into and made a part of this Agreement, mutatis mutandis.
2. In determining whether increased imports of an originating product of the other Party have caused serious injury or are threatening to cause serious injury to a domestic industry, the competent authority of the importing Party shall follow the rules in Article 4.2 of the Safeguards Agreement; and to this end, Article 4.2 of the Safeguards Agreement is incorporated into and made a part of this Agreement, mutatis mutandis.
Article 70. Provisional Safeguard Measures
In critical circumstances where delay would cause damage which it would be difficult to repair, a Party may take a provisional safeguard measure pursuant to a preliminary determination that there is clear evidence that increased imports have caused or are threatening to cause serious injury. The duration of the provisional safeguard measure shall not exceed 200 days, during which period the pertinent requirements of Articles 67, 68 and 69 shall be met. Such a provisional safeguard measure shall take the form of an increase in the rate of customs duty not exceeding the lesser of the rates in Article 67.2(b), which shall be promptly refunded if the subsequent investigation does not determine that increased imports have caused or threatened to cause serious injury to a domestic industry. The duration of any such provisional safeguard measure shall be counted as a part of the initial period and any extension of a safeguard measure.
Article 71. Notification
1. A Party shall promptly notify the other Party, in writing, on:
(a) initiating an investigation;
(b) taking a provisional safeguard measure;
(c) making a finding of serious injury or threat thereof caused by increased imports; and
(d) taking a decision to apply or extend a safeguard measure.
2. In making the notification referred to in paragraph 1(d), the Party applying a safeguard measure shall provide the other Party with all pertinent information, such as a precise description of the product involved, the proposed safeguard measure, the grounds for introducing such a safeguard measure, the proposed date of introduction and its expected duration. In the case of an extension of a safeguard measure, the written results of the determination required by Article 68.1, including evidence that the continued application of the measure is necessary to prevent or remedy serious injury and that the industry is adjusting, shall also be provided.
3. A Party proposing to apply or extend a safeguard measure shall provide adequate opportunity for prior consultations with the other Party, with a view to, inter alia, reviewing the information provided under paragraph 2, exchanging views on the safeguard measure and reaching an agreement on compensation as set forth in Article 72.1.
4. Where a Party takes a provisional safeguard measure referred to in Article 70, on request of the other Party, consultations shall be initiated immediately after taking such a provisional safeguard measure.
Article 72. Compensation
1. A Party applying a safeguard measure shall, in consultation with the other Party, provide to the other Party mutually agreed trade liberalising compensation in the form of substantially equivalent concessions during the period of application of the safeguard measure.
2. If the Parties are unable to reach agreement on compensation within 45 days after the application of the safeguard measure, the exporting Party shall be free to suspend the application of substantially equivalent concessions to the trade of the Party applying the safeguard measure. The right of suspension referred to in this paragraph shall not be exercised for the first year that a safeguard measure is in effect under the condition that the safeguard measure has been taken as a result of an absolute increase in imports and that such a measure conforms to the provisions of this Chapter.
3. A Party shall notify the other Party in writing at least 30 days before suspending concessions under paragraph 2.
4. The obligation to provide compensation under paragraph 1 and the right to suspend substantially equivalent concessions under paragraph 2 shall terminate on the date of the termination of the safeguard measure.
Chapter 7. Sanitary and Phytosanitary Measures
Article 73. Definitions
For the purposes of this Chapter, the definitions in Annex A of the SPS Agreement and the relevant definitions developed by the relevant international organizations and other definitions agreed between the Parties apply to the implementation of this Chapter. In addition:
Implementing Arrangements means subsidiary documents to this Chapter which set out the mutually determined mechanisms for applying, or outcomes derived from applying, the principles and processes outlined in this Chapter;
Joint Management Committee means the Committee established under Article 88;
SPS Agreement means the Agreement on the Application of Sanitary and Phytosanitary Measures, which is part of the WTO Agreement.
Article 74. Objectives
The objectives of this Chapter are to:
(a) uphold and enhance implementation of the SPS Agreement and applicable international standards, guidelines and recommendations developed by relevant international organizations;
(b) provide a mechanism for enhancing the Parties' implementation of the SPS Agreement, including risk analysis, adaptation to regional conditions, equivalence and technical assistance, and for enhancing the Parties' cooperation in these and other areas;
(c) facilitate trade between the Parties through seeking to resolve trade access issues, while protecting human, animal or plant life or health in the territory of the Parties; and
(d) provide a means to improve communication and consultation on sanitary and phytosanitary issues.
Article 75. Scope
This Chapter shall apply to all sanitary and phytosanitary measures of a Party that may, directly or indirectly, affect trade between the Parties.
Article 76. International Obligations
Nothing in this Chapter or Implementing Arrangements shall limit the rights or obligations of the Parties pursuant to the SPS Agreement.
Article 77. Implementing Arrangements
1. The Parties may conclude Implementing Arrangements setting out details for the implementation of this Chapter.
2. Each Party responsible for the implementation of an Implementing Arrangement shall take all necessary actions to do so within a reasonable period of time as mutually determined by the Parties.
3. The Implementing Arrangements referred to in paragraph 1 shall include the following:
Chapter 7 A List of Competent Authorities and Sanitary and Phytosanitary Contact Points.
Chapter 7 B(1) Risk Analysis – list of market access requests of each Party, in priority order.
Chapter 7 B(2) Risk Analysis – principles and guidelines for establishing and managing timelines for completion of risk analysis.
Chapter 7 C(1) Adaptation to Regional Conditions – principles, criteria and processes for recognition of pest or disease-free areas or areas of low pest or disease prevalence.
Chapter 7 C(2) Adaptation to Regional Conditions – list of the prevalence of specific pests or diseases by region or area and sanitary or phytosanitary measures to ensure effective risk management.
Chapter 7 D(1) Determination of Equivalence – principles, criteria and processes for determination of equivalence.
Chapter 7 D(2) Determination of Equivalence – agreed equivalence decisions and related measures.
Chapter 7 E Verification – list of conditions under which to carry out audit and verification procedures.
Chapter 7 F Certificates – principles and/or guidelines for certification and model sanitary or phytosanitary certificates and attestations to accompany products.
Chapter 7 G Import Checks – lists the frequency of import checks.
Chapter 7 H Cooperation – record of understandings on technical assistance and cooperation projects.
Article 78. Competent Authorities and Contact Points
1. The competent authorities of the Parties are the authorities competent in the Parties for the implementation of the measures referred to in this Chapter, as identified in Implementing Arrangement: Chapter 7 A.
2. The contact point for each Party is set out in Implementing Arrangement: Chapter 7 A.
3. The Parties shall inform each other of any significant changes in the structure, organization and division of responsibility within its competent authorities or contact point.
Article 79. Risk Analysis
1. The Parties recognise that risk analysis is an important tool for ensuring that sanitary or phytosanitary measures have a sound scientific basis.
2. The Joint Management Committee shall establish for each Party a priority order for consideration of market access requests of the other Party including the undertaking of risk analyses. These priorities shall be recorded in Implementing Arrangement: Chapter 7 B(1).
3. The Parties shall endeavour to expedite market access requests from each other and in particular any risk analysis process associated with such requests. The Parties shall jointly determine principles and guidelines for establishing and managing timelines for completion of risk analyses. Such principles and guidelines shall be included in Implementing Arrangement: Chapter 7 B(2) and applied accordingly.
4. To facilitate the consideration of market access requests and risk analyses:
(a) The Parties shall establish direct contact between their risk analysis units and/or experts so as to strengthen communication and understanding of each other's working procedures, applied methods and criteria. The Parties will take account of relevant risk analyses already undertaken so as to facilitate the risk analysis process.
(b) At the initial stage of the risk analysis process, the Party considering a market access request shall inform, to the maximum extent possible, the applicant Party of the technical information required. Where additional information is needed, the applicant Party shall be informed in clear terms as early as possible. To the extent possible, the risk analysis process shall be continued while additional information is being prepared and submitted by the applicant Party.
(c) To speed up the risk analysis process, good working relationships established between the Parties and their trust in each other's sanitary and phytosanitary system shall be taken into account.
Article 80. Adaptation to Regional Conditions
1. In order to facilitate trade between the Parties, where a Party objectively demonstrates an area or part of its territory to be free of a pest or disease or an area to be of low pest prevalence, following an assessment by the other Party, the Parties may agree to recognise this status.
2. The Parties shall jointly develop principles, criteria and processes regarding adaptation to regional conditions and record these in Implementing Arrangement: Chapter 7 C(1). Recognition of the status shall be in accordance with the principles, criteria and processes recorded in this Implementing Arrangement.
3. The Parties, through the Joint Management Committee, shall decide on the status as described in paragraph 1 and the measures to be taken to maintain this status and may also decide in advance the risk management measures that will apply to trade between the Parties in the event of a change in the status. These decisions on status and measures shall be recorded in Implementing Arrangement: Chapter 7 C(2).
4. Decisions recorded in Implementing Arrangement: Chapter 7 C(2) shall be applied to trade between the Parties.
Article 81. Equivalence
1. The Parties recognise that the application of equivalence is an important tool for trade facilitation. A determination of equivalence may be made in relation to partial or full equivalence of sanitary and phytosanitary measures and systems.
2. The determination of equivalence requires an objective, risk-based assessment or evaluation by the importing Party of the existing, revised or proposed measures. The legislative and administrative systems, other factors such as the performance of the relevant competent authorities and any other necessary assessments or tests may be considered.
3. The importing Party shall accept the sanitary and phytosanitary measures of the exporting Party as equivalent if the exporting Party objectively demonstrates that its measures achieve the importing Party's appropriate level of sanitary and phytosanitary protection. To facilitate a determination of equivalence, a Party shall on request advise the other Party of the objective of any relevant sanitary or phytosanitary measures.
4. The Parties shall jointly develop principles, criteria and processes regarding determination of equivalence and record these in Implementing Arrangement: Chapter 7 D(1). In reaching a decision on equivalence, the Parties shall apply these principles, criteria and processes.
5. The Parties shall take into account guidance provided by relevant international standard-setting organizations and by the WTO Committee on Sanitary and Phytosanitary Measures, where relevant to the particular case as well as experience already acquired.
6. Implementing Arrangement: Chapter 7 D(2) records equivalence decisions, including any additional conditions to be applied in the case of partial equivalence. This Implementing Arrangement may also record any action required of either Party to facilitate progress towards full equivalence.
7. Equivalence decisions recorded in Implementing Arrangement: Chapter 7 D(2) shall be applied to trade between the Parties.
8. The consideration by a Party of a request from the other Party for recognition of the equivalence of its measures with regard to a specific product shall not be in itself a reason to disrupt or suspend ongoing imports from that Party of the product in question.