Article 805: Definitions

For purposes of this Chapter:

Competent investigating authority means the "competent investigating authority" of a Party as defined in Annex 805 (TLCAN: Anexo 805);

Contribute importantly means an important cause, but not necessarily the most important cause;

Critical circumstances means circumstances where delay would cause damage that would be difficult to repair;

Domestic industry means the producers as a whole of the like or directly competitive good operating in the territory of a Party;

Emergency action does not include any emergency action pursuant to a proceeding instituted prior to January 1, 1994;

Good originating in the territory of a Party means an originating good, except that in determining the Party in whose territory that good originates, the relevant rules of Annex 302.2 (TLCAN: Anexo 302.2) shall apply;

Serious injury means a significant overall impairment of a domestic industry;

Surge means a significant increase in imports over the trend for a recent representative base period;

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; and

Transition period means the 10-year period beginning on January 1, 1994, except where the good against which the action is taken is provided for in the items in staging category C+ of the Schedule to Annex 302.2 (TLCAN: Anexo 302.2) of the Party taking the action, in which case the transition period shall be the period of staged tariff elimination for that good.