Provisional measures

1.   Provisional duties may be imposed if:
(a)
proceedings have been initiated in accordance with Article 10;
(b)
a notice has been given to that effect and interested parties have been given an adequate opportunity to submit information and make comments in accordance with the second subparagraph of Article 10(12);
(c)
a provisional affirmative determination has been made that the imported product benefits from countervailable subsidies and of consequent injury to the Union industry; and
(d)
the Union interest calls for intervention to prevent such injury.
The provisional duties shall be imposed no earlier than 60 days from the initiation of the proceedings but no later than nine months from the initiation of the proceedings.
The amount of the provisional countervailing duty shall not exceed the total amount of countervailable subsidies as provisionally established, but it should be less than this amount if such lesser duty would be adequate to remove the injury to the Union industry.
2.   Provisional duties shall be secured by a guarantee and the release of the products concerned for free circulation in the Union shall be conditional upon the provision of such a guarantee.
3.   The Commission shall adopt provisional measures in accordance with the procedure referred to in Article 25(4).
4.   Where a Member State requests immediate intervention by the Commission and where the conditions of the first and second subparagraphs of paragraph 1 are met, the Commission shall, within a maximum of five working days from receipt of the request, decide whether a provisional countervailing duty shall be imposed.
5.   Provisional countervailing duties shall be imposed for a maximum period of four months.