NAFTA: Treaty | Page 3

like or directly
competitive good operating within the territory of a Party;
emergency action means any emergency action proceeding instituted
after the date of entry into force of this Agreement;
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 commencing on the date of
the entry into force of this Agreement, except where the good against
which the action is taken is provided for in the items in staging

category C+ of the Tariff Schedule of the Party taking the action, in
which case the transition period shall be the period of staged tariff
elimination for that good.
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========================== ANNEX 801
Bilateral Actions
Notwithstanding Article 801, bilateral emergency actions between
Canada and the United States on goods originating in the territory of
either Party shall be governed in accordance with the terms of Article
1101 of the Canada-U.S. Free Trade Agreement, which is hereby
incorporated into and made a part of this Agreement for such purpose.
===================================================
========================== ANNEX 803
Administration of Emergency Action Proceedings
1. Institution of a Proceeding:
(a) An emergency action proceeding may be instituted by a petition or
complaint by entities specified in domestic law. The entity filing the
petition or complaint shall demonstrate that it is representative of the
domestic industry producing a good like or directly competitive with
the imported good.
(b) A Party may institute a proceeding on its own motion or request the
competent investigating authority to conduct a proceeding.
2. Contents of a petition or complaint. When the basis for an
investigation is a petition or complaint filed by an entity representative
of a domestic industry, the petitioning entity shall, in its petition or
complaint, provide the following information to the extent that such
information is publicly available from governmental and other sources,
and best estimates and the basis therefore if such information is not
available:

(a) Product description. The name and description of the imported good
concerned, the tariff subheading under which such good is classified,
its current tariff treatment, and the name and description of the like or
directly competitive domestic good concerned,
(b) Representativeness:
(i) The names and addresses of the entities filing the petition or
complaint, and the locations of the establishments in which they
produce the domestic good,
(ii) the percentage of domestic production of the like or directly
competitive good that such entities account for and the basis for
claiming that they are representative of an industry, and
(iii) the names and locations of all other domestic establishments in
which the like or directly competitive good is produced;
(c) Import data. Import data for each of the five most recent full years
that form the basis of the claim that the good concerned is being
imported in increased quantities, either in absolute terms or relative to
domestic production;
(d) Domestic production data. Data on total domestic production of the
like or directly competitive good for each of the five most recent full
years;
(e) Data showing injury. Quantitative and objective data indicating the
nature and extent of injury to the concerned industry, such as data
showing changes in the level of sales, prices, production, productivity,
capacity utilization, market share, profits and losses, and employment;
(f) Cause of injury. An enumeration and description of the alleged
causes of the injury, or threat thereof, and a summary of the basis for
the assertion that increased imports, either actual or relative to domestic
production, of the imported good are causing or threatening to cause
serious injury, supported by pertinent data; and

(g) Criteria for inclusion. Quantitative and objective data indicating the
share of imports accounted for by imports from the territory of each
other Party and the petitioner's views on the extent to which such
imports are contributing importantly to the serious injury, or threat
thereof, caused by imports of that good. 3. Petitions or complaints,
except to the extent they contain confidential business information,
shall promptly be made available for public inspection upon being
filed.
4. With respect to an emergency action proceeding instituted on the
basis of a petition or complaint filed by an entity asserting that it is
representative of the domestic industry, the competent investigating
authority shall not publish the notice required by paragraph 6 without
first assessing carefully that the petition or complaint meets the
requirements of paragraph 4, including representativeness.
5. Notice requirement. Upon instituting an emergency action
proceeding, the competent investigating authority shall publish notice
of the institution of the proceeding in the official journal of the Party.
The notice shall identify: the petitioner or