Eximkey - India Export Import Policy 2004 2013 Exim Policy

17.1
Provisional measures may be applied only if:

  1. an investigation has been initiated in accordance with the provisions of Article 11, a public notice has been given to that effect and interested Members and interested parties have been given adequate opportunities to submit information and make comments;

  2. a preliminary affirmative determination has been made that a subsidy exists and that there is injury to a domestic industry caused by subsidized imports; and

  3. the authorities concerned judge such measures necessary to prevent injury being caused during the investigation.
17.2
Provisional measures may take the form of provisional countervailing duties guaranteed by cash deposits or bonds equal to the amount of provisionally calculated amount of subsidization.
17.3
Provisional measures shall not be applied sooner than 60 days from the date of initiation of the investigation.
17.4
The application of provisional measures shall be limited to as short a period as possible, not exceeding four months.
17.5
The relevant provisions of Article 19 shall be followed in the application of provisional measures.
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