(1) With respect to goods on which an investigation is started to determine whether an emergency tariff thereon should be assessed or with respect to goods against which a provisional measure under Article 7 (1) of the Act on the Investigation of Unfair International Trade Practices and Remedy against Injury to Industry is recommended, if it is deemed that a failure to prevent material injury, etc. inflicted during the investigation period causes or could cause unrecoverable injury, a provisional emergency tariff may be additionally assessed to the extent which may be necessary for the relief, etc. of injury before such investigation is completed.
(2) When a decision is made on whether an emergency tariff is assessed or whether a measure such as the import quotas, etc. is taken, the assessment of a provisional emergency tariff provided for in paragraph (1) shall be suspended.
(3) When it is deemed that the increased import of goods does not cause or is unlikely to cause material injury to the domestic industry as a result of conducting an investigation to determine whether an emergency tariff is assessed or whether a measure such as import quotas, etc. is taken, a provisional emergency tariff paid under paragraph (1) shall be refunded.[This Article Wholly Amended on Dec. 30, 2010]