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| titulo | Annex 300 - B: Textile and Apparel Goods |
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| contenido | Annex 300 - B: Textile and Apparel Goods Section 1: Scope and Coverage 1. This Annex applies to the textile and apparel goods set out in Appendix 1.1 --659-Apendice 1.1--. 2. In the event of any inconsistency between this Agreement and the Arrangement Regarding International Trade in Textiles (Multifiber Arrangement), as amended and extended, including any amendment or extension after January 1, 1994, or any other existing or future agreement applicable to trade in textile or apparel goods, this Agreement shall prevail to the extent of the inconsistency, unless the Parties agree otherwise. Section 2: Tariff Elimination 1. Except as otherwise provided in this Agreement, each Party shall progressively eliminate its customs duties on originating textile and apparel goods in accordance with its Schedule to Annex 302.2 --659-Anexo 302.2-- (Tariff Elimination), and as set out for ease of reference in Appendix 2.1 --659-Apendice 2.1--. 2. For purposes of this Annex:
72pt; "> 3. An importing Party and an exporting Party may identify at any time particular textile and apparel goods that they mutually agree fall within:
The importing Party shall grant duty-free treatment to goods so identified, if certified by the competent authority of the exporting Party. 4. Appendix 2.4 --659-Apendice 2.4-- applies to the Parties specified in that Appendix respecting the elimination of tariffs on certain textile and apparel goods. Section 3: Import and Export Prohibitions, Restrictions and Consultation Levels 1. Each Party may maintain a prohibition, restriction or consultation level only in accordance with Appendix 3.1 --659-Apendice 3.1-- or as otherwise provided in this Annex. 2. Each Party shall eliminate any prohibition, restriction or consultation level on a textile or apparel good that otherwise would be permitted under this Annex if that Party is required to eliminate such measure as a result of having integrated that good into the GATT as a result of commitments undertaken by that Party under any successor agreement to the Multifiber Arrangement. Section 4: Bilateral Emergency Actions (Tariff Actions) 1. Subject to paragraphs 2 through 5 and during the transition period only, if, as a result of the reduction or elimination of a duty provided for in this Agreement, a textile or apparel good originating in the territory of a Party, or a good that has been integrated into the GATT pursuant to a commitment undertaken by a Party under any successor agreement to the Multifiber Arrangement and entered under a tariff preference level set out in Appendix 6 --659-Apendice 6--, is being imported into the territory of another Party in such increased quantities, in absolute terms or relative to the domestic market for that good, and under such conditions as to cause serious damage, or actual threat thereof, to a domestic industry producing a like or directly competitive good, the importing Party may, to the minimum extent necessary to remedy the damage or actual threat thereof:
72pt; "> 2. In determining serious damage, or actual threat thereof, the Party:
3. A Party shall deliver without delay to any Party that may be affected by an emergency action taken under this Section written notice of its intent to take such action, and on request shall enter into consultations with that Party. 4. The following conditions and limitations apply to any emergency action taken under this Section:
72pt; "> 5. The Party taking an action under this Section shall provide to the Party against whose good the action is taken mutually agreed trade liberalizing compensation in the form of concessions having substantially equivalent trade effects or equivalent to the value of the additional duties expected to result from the action. Such concessions shall be limited to the textile and apparel goods set out in Appendix 1.1 --659-Apendice 1.1--, unless the Parties otherwise agree. If the Parties concerned are unable to agree on compensation, the exporting Party may take tariff action having trade effects substantially equivalent to the action taken under this Section against any goods imported from the Party that initiated the action under this Section. The Party taking the tariff action shall only apply the action for the minimum period necessary to achieve the substantially equivalent effects. 6. For purposes of this Section, a good originating in the territory of a Party shall be determined in accordance with Section 2.2. 7. Paragraphs 1 through 5 shall also apply to textile and apparel goods described in Appendix 2.4 --659-Apendice 2.4--. Section 5: Bilateral Emergency Actions (Quantitative Restrictions) 1. Subject to Appendix 5.1 --659-Apendice 5.1--, a Party may take bilateral emergency action against non-originating textile or apparel goods of another Party in accordance with this Section and Appendix 3.1 --659-Apendice 3.1--. 2. If a Party considers that a non-originating textile or apparel good, including a good entered under a tariff preference level set out in Appendix 6 --659-Apendice 6--, is being imported into its territory from a Party in such increased quantities, in absolute terms or relative to the domestic market for that good, under such conditions as to cause serious damage, or actual threat thereof, to a domestic industry producing a like or directly competitive good in the importing Party, the importing Party may request consultations with the other Party with a view to eliminating the serious damage or actual threat thereof. 3. The Party requesting consultations shall include in its request for consultations the reasons that it considers demonstrate that such serious damage or actual threat thereof to its domestic industry is resulting from the imports of the other Party, including the latest data concerning such damage or threat. 4. In determining serious damage, or actual threat thereof, the Party shall apply Section 4(2). 5. The Parties concerned shall begin consultations within 60 days of the request for consultations and shall endeavor to agree on a mutually satisfactory level of restraint on exports of the particular good within 90 days of the request, unless the consulting Parties agree to extend this period. In reaching a mutually satisfactory level of export restraint, the consulting Parties shall:
6. If the consulting Parties do not agree on a mutually satisfactory level of export restraint, the Party requesting consultations may impose annual quantitative restrictions on imports of the good from the territory of the other Party, subject to paragraphs 7 through 13. 7. Any quantitative restriction imposed under paragraph 6 shall be no less than the sum of:
8. The first period of any quantitative restriction imposed under paragraph 6 shall begin on the day after the date on which the request for consultations was made and terminate at the end of the calendar year in which the quantitative restriction is imposed. Any quantitative restriction that is imposed for a first period of less than 12 months shall be prorated to correspond to the time remaining in the calendar year in which the restriction is imposed, and the prorated amount may be adjusted in accordance with the flexibility provisions set out in paragraphs 8(b) and (c) of Appendix 3.1 --659-Apendice 3.1--. 9. For each successive calendar year that the quantitative restriction imposed under paragraph 6 remains in effect, the Party imposing it shall: And the flexibility provisions set out in paragraphs 8(b) and (c) of Appendix 3.1 --659-Apendice 3.1-- apply. 10. A quantitative restriction imposed under paragraph 6 before July 1 in any calendar year may remain in effect for the remainder of that year, plus two additional calendar years. Such a restriction imposed on or after July 1 in any calendar year may remain in effect for the remainder of that year, plus three additional calendar years. No such restriction may remain in effect beyond the transition period. 11. No Party may take an emergency action under this Section with respect to any particular textile or apparel non-originating good against which a quantitative restriction is in effect. 12. No Party may adopt or maintain a quantitative restriction under this Section on a particular textile or apparel good that otherwise would be permitted under this Annex, if that Party is required to eliminate such measure as a result of having integrated that good into the GATT as a result of commitments undertaken by that Party pursuant to any successor agreement to the Multifiber Arrangement. 13. No Party may take a bilateral emergency action after the expiration of the transition period with respect to cases of serious damage, or actual threat thereof, to domestic industry arising from the operation of this Agreement except with the consent of the Party against whose good the action would be taken. Section 6: Special Provisions Appendix 6 --659-Apendice 6-- sets out special provisions applicable to certain textile and apparel goods. Section 7: Review and Revision of Rules of Origin 1. 1.
2.
72pt; "> 72pt; "> 72pt; "> 72pt; "> 3. The Parties shall review the rules of origin applicable to textile and apparel goods within five years of the date of entry into force of this Agreement to take into account the effect of increasing global competition on textile and apparel goods and the implications of any integration into the GATT of textile and apparel goods pursuant to any successor agreement to the Multifiber Arrangement. The Parties shall give particular consideration to operative rules in other economic association or integration agreements and developments relating to textile and apparel production and trade. Section 8: Labelling Requirements The Subcommittee on Labelling of Textile and Apparel Goods established under Article 913(5) --674-Art. 913-- shall perform the functions set out in Annex 913.5.a4 --674-Anexo 913.5.a|4--. Section 9: Trade in Worn Clothing and Other Worn Articles 1. The Parties hereby establish a Committee on Trade in Worn Clothing, comprising representatives of each Party. The Committee shall:
2. The Committee shall assess the potential benefits and risks that may result from the elimination of existing restrictions on trade between the Parties in worn clothing and other worn articles, as defined in heading 63.09 of the HS, including the effects on business and employment opportunities, and on the market for textile and apparel goods in each Party. 3. A Party may maintain restrictions in effect on the date of entry into force of this Agreement on the importation of worn clothing and other worn articles classified under heading 63.09 of the HS, unless the Parties agree otherwise on the basis of the recommendations presented to the Commission by the Committee on Trade in Worn Clothing. Section 10: Definitions For purposes of this Annex: Average yarn number, as applied to woven fabrics of cotton or man-made fibers, means the average yarn number of the yarns contained therein. In computing the average yarn number, the length of the yarn is considered to be equal to the distance covered by it in the fabric, with all clipped yarn being measured as if continuous and with the count being taken of the total single yarns in the fabric including the single yarns in any multiple (folded) or cabled yarns. The weight shall be taken after any excessive sizing is removed by boiling or other suitable process. Any one of the following formulas can be used to determine the average yarn number:
When: N is the average yarn number, B is the breadth (width) of the fabric in centimeters, Y is the meters (linear) of the fabric per kilogram, T is the total single yarns per square centimeter, S is the square meters of fabric per kilogram, Z is the grams per linear meter of fabric, and Z' is the grams per square meter of fabric. Fractions in the resulting "average yarn number" shall be disregarded. Category means a grouping of textile or apparel goods, and as set out in Appendix 10.1 --659-Apendice 10.1-- for the Parties specified in that Appendix; Consultation level means a level of exports for a particular textile or apparel good that may be adjusted in accordance with paragraph 7 of Appendix 3.1 --659-Apendice 3.1-- and includes a designated consultation level, but does not include a specific limit; Exporting Party means the Party from whose territory a textile or apparel good is exported; Flexibility provisions means the provisions set out in paragraphs 8(b) and (c) of Appendix 3.1 --659-Apendice 3.1--; Importing Party means the Party into whose territory a textile or apparel good is imported; Integrated into the GATT means subject to the obligations of the General Agreement on Tariffs and Trade, an agreement under the GATT or any successor agreements; Specific limit means a level of exports for a particular textile or apparel good that may be adjusted in accordance with paragraph 8 of Appendix 3.1 --659-Apendice 3.1--; Square meters equivalent (SME) means that unit of measurement that results from the application of the conversion factors set out in Schedule 3.1.3 to a primary unit of measure such as unit, dozen or kilogram; Tariff preference level means a mechanism that provides for the application of a customs duty at a preferential rate to imports of a particular good up to a specified quantity, and at a different rate to imports of that good that exceed that quantity; Transition period means the 10year period beginning on January 1, 1994; and Wool apparel means:
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