Page:United States Statutes at Large Volume 115 Part 3.djvu/659

 PROCLAMATION 7449-JUNE 8, 2001 115 STAT. 2733 it being understood that the security shall be released if the right holder &ils to pursue its right of action within a reasonable period oftime Each Party shall ensure thatits customs administration will promptly notify theimporter and the q>plicaiK when the customs administration suspends the release of goods pursuant to paragraph 1. Each Party shall ensure that its customs administration will release goodsfiromsuspension ifwithin a period not exceeding 10working days after the applicant under paragraph 1 has been served notice of the susperuion the customs administration has notbeen informed that: A. a party other than the defendant has initiated proceedings leading to a decision on the merits of the case,or B. a competent authority has taken provisional measures prolonging the suspension, provided that aD other conditions for importation or exportation have been met. Each Party diaO provide that, in appropriate cases, the customs administration may extend the suspension byanother 10 working days. Each Party shall ensure thatif proceedings leading to a decision on the merits of the case have been initiated, a review, including arightto be heard, shall take place on request of the defendant with a view to deciding, within a reasonable period, whether the measures shall be modified, revoked or confirmed Notwithstanding paragraphs 6 and 7, where the suspension of the release ofgoods is carried out or contiiMed in aooordance with a provisionaljudicial measure. Article 13.6 of this Chapter shall apply. Each Party shall ensure that its competent authorities have the authority to order the applicant under paragraph 1 to pay the importer, the consignee and the owner of the goods appropriate compensation for any injury caused to them tlutnigh the wrongliildetention of goods or through the detention of goods rdeased pursuant to paragr^>h 6. Withoutprejudice to the protection of confidential information, each Party shall ensure that its competent authorities have the authority to give therightholder sufficient opportunity to have any goods detained bythe customs administration inspected in order to substantiate its claims. Each Party shall also ensure that its competent authorities have the authority to give the importer an equivalent opportunity to have any such goods inspected. Where the competent authorities have made a positive determiruition on the merits of a case, a Party may provide the competent authorities the authority toinform therightholder efthe names mi addresses of the consignor, theimporter and the cbrisigriee, and of the quantity of the goods in quenion

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