• Consultations on the chicken meat trade: under DR-CAFTA (Article 3.17), the parties agreed to consult and review the implementation and operation of the chicken meat trade agreement in the ninth year following the agreement`s entry into force. In the United States, there was an exchange of letters indicating that the two governments had agreed to invite the specialized agencies concerned to carry out work that would be devoted to gaining access to the poultry market for the mutual benefit of both parties. As part of DR-CAFTA, Costa Rica and El Salvador also exchanged similar letters on the subject with the United States. The United States is a party to many free trade agreements around the world. Protection of textiles and clothing: Chile-USA, FTA (Article 3.19) and DR-CAFTA (Article 3.23) provide, in some cases and under certain conditions, emergency assistance for importation. In the DR-CAFTA, a protection measure can only be imposed during the transitional period (defined as a five-year period from the date the agreement enters into force). In the United States the FTA text, no measure can be maintained in the eighth year after the tariff for this product reaches zero level. Under both texts, each importing party may, after investigation, impose a safeguard measure if the importation of similar or directly competitive products results in serious harm or a real threat to the domestic production of similar or directly competitive products. The protection measure consists of a tariff that was raised to the lower level of the MFN at the time the agreement or MFN level came into force at the time the measure was applied. The measure may be in effect for up to three years. Both texts specify the elements to be respected in determining whether there is indeed a serious injury or a real threat. These include changes in production, productivity, capacity utilization, inventories, market share, exports, wages, employment, domestic prices, profits and investments, but cannot include changes in technology or consumer preferences.

    Both texts establish rules for notification and consultation, but DR-CAFTA is more detailed in this regard. Both texts state that the protection of a given product can only be imposed once. There is a difference in the level at which the tariff should go back at the end of the protection measure: in Chile-U.S. FTA text, such a level is zero, duty-free treatment; in the DR-CAFTA, the amount set in the contracting party`s tariff elimination program is the amount imposed by the measure, as if the protection measure had never been applied. Both texts then set out rights for compensation and retaliation. Compensation may consist of concessions that have substantially equivalent commercial effects or that correspond to the value of the additional rights arising from the protection measure. If the contracting parties fail to agree on compensation (in dre-CAFTA after 30 days), the contracting party concerned can take retaliatory measures by adopting tariff measures with commercial effects that essentially correspond to the commercial effect of the safeguard measure.

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