Agreement Of Textile And Clothing

4. If, as a result of the investigation, there is sufficient evidence that circumvention has occurred (e.g. B where there is evidence of the actual country or place of origin and the circumstances of such circumvention), Members agree that appropriate measures should be taken to the extent necessary to remedy the problem. Such measures may include refusing to import goods or, taking due account of the circumstances and participation of the country or place of actual origin, adjusting duties at the level of restrictions to reflect the actual country of origin or place of origin. If there is also evidence of the participation of the territories of the Members through which the goods were transhipped, this measure may include the introduction of restrictions on those Members. Such measures may be taken at the same time as their timing and scope, following consultations with a view to a solution satisfactory to both Parties between the Members concerned, and shall be communicated to the TMB with any justification. The members concerned may, in consultation, agree on other remedies. Such an agreement shall also be notified to the TMB and the TMB may submit to the members concerned such recommendations as it deems appropriate. In the absence of a solution satisfactory to both parties, each member concerned may refer the matter to TMB for immediate consideration and request recommendations.

(b) ensure the implementation of strategies on fair and equitable trade conditions for textiles and clothing in areas such as dumping and anti-dumping rules and procedures, subsidies and countervailing measures, and the protection of intellectual property rights; and 1. within sixty days of the entry into force of the WTO Agreement, Members shall notify restrictions (4) on textile and clothing products (with the exception of restrictions which are maintained under the MFA and which are covered by Article 2), whether or not they are consistent with GATT 1994, (a) notify them in detail to the TMB or (b) communicate them to the TMB in respect of them; which have been submitted to another WTO body. Notifications should, where appropriate, contain information on any justifications for the restrictions imposed by gatt in 1994, including the provisions of GATT 1994 on which they are based. (1) Members agree that circumvention, by transhipment, misappropriation, false information about the country or place of origin and falsification of official documents, thwarts the implementation of this Agreement to include the textile and clothing sector in GATT 1994. . .

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